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"content": "\u003cp>A coalition of civil rights groups are \u003ca href=\"http://www.publicintegrity.org/2014/10/14/15938/suit-against-kern-county-schools-alleges-disproportionate-discipline-minorities\" target=\"_blank\">suing\u003c/a> a Kern County high school district over disciplinary actions they say unfairly target black and Latino students.\u003c/p>\n\u003cp>Five years ago, the Kern High School District suspended nearly 12,000 students and expelled more than 2,000. That’s more than any other school district in California. Roughly 75 percent of those kids were black or Latino, around 20 percent were white.\u003c/p>\n\u003cp>“When the numbers came out it was obvious that Kern County was expelling and suspending Latinos and blacks at disproportionate rates than whites,” said Martha Gomez, staff attorney with the \u003ca href=\"http://maldef.org/about/offices/west/\" target=\"_blank\">Mexican American Legal Defense and Educational Fund\u003c/a>.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/172425611\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>MALDEF is one of several civil rights organizations suing the Kern High School District over its student discipline practices.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>According to statistics cited in the lawsuit, expulsions and suspensions in the district have plummeted in recent years. But plaintiffs say school administrators are merely shuffling “problem” students into alternative education settings where academic oversight is lax.\u003c/p>\n\u003cp>Last year \u003ca href=\"http://www.californiareport.org/archive/R201307150850/a\" target=\"_blank\">The California Report in collaboration with the Center for Public Integrity\u003c/a> talked to Kern County public school students who were pulled from the classroom for a range of relatively minor infractions and placed in alternative education settings with little or no regular follow-up from teachers or administrators.\u003c/p>\n\u003cp>MALDEF’s Martha Gomez said parents are often pressured into avoiding an expulsion hearing, and accept an \"involuntary transfer\" to an alternative school or home study. She said parents are told a suspension will last just a few days, and to sign the form.\u003c/p>\n\u003cp>“Then they come back and the district is like, 'Well, your kid has to go to community school you signed the paper saying that,' which is the same thing as an expulsion,” Gomez said.\u003c/p>\n\u003cp>Plaintiffs are seeking changes that include alternative discipline practices that would allow a child to remain in a classroom, and staff training that would assure racial neutrality.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A Kern High School District spokesperson said the district cannot comment on the pending litigation.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to statistics cited in the lawsuit, expulsions and suspensions in the district have plummeted in recent years. But plaintiffs say school administrators are merely shuffling “problem” students into alternative education settings where academic oversight is lax.\u003c/p>\n\u003cp>Last year \u003ca href=\"http://www.californiareport.org/archive/R201307150850/a\" target=\"_blank\">The California Report in collaboration with the Center for Public Integrity\u003c/a> talked to Kern County public school students who were pulled from the classroom for a range of relatively minor infractions and placed in alternative education settings with little or no regular follow-up from teachers or administrators.\u003c/p>\n\u003cp>MALDEF’s Martha Gomez said parents are often pressured into avoiding an expulsion hearing, and accept an \"involuntary transfer\" to an alternative school or home study. She said parents are told a suspension will last just a few days, and to sign the form.\u003c/p>\n\u003cp>“Then they come back and the district is like, 'Well, your kid has to go to community school you signed the paper saying that,' which is the same thing as an expulsion,” Gomez said.\u003c/p>\n\u003cp>Plaintiffs are seeking changes that include alternative discipline practices that would allow a child to remain in a classroom, and staff training that would assure racial neutrality.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A Kern High School District spokesperson said the district cannot comment on the pending litigation.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Tribe Factions Battle for Control of Casino Near Yosemite",
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"content": "\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/172198795\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>In a dramatic standoff Oct. 9, one faction claiming leadership of the Picayune Rancheria of the Chukchansi Indians forcibly entered the Chukchansi Gold Resort and Casino. They allegedly carried guns and Tasers and fought with security guards. Someone pulled a fire alarm, and about 500 patrons in the middle of gambling were ordered to exit without cashing out their winnings.\u003c/p>\n\u003cp>Attorney General Kamala Harris filed a \u003ca href=\"http://www.courthousenews.com/2014/10/10/chukchasni.pdf\">complaint\u003c/a> that the intra-tribal dispute was threatening public health, safety and welfare. Federal judge Lawrence O’Neill temporarily closed the casino following last week’s standoff, and he's scheduled to consider the fate of the casino at a hearing in Fresno today.\u003c/p>\n\u003cp>Tensions between rival factions of the Chukchansi tribe have been brewing for at least three years. Things escalated once the \u003ca href=\"http://www.nigc.gov/\" target=\"_blank\">National Indian Gaming Commission\u003c/a> threatened fines for \u003ca href=\"http://www.prnewswire.com/news-releases/national-indian-gaming-commission-issues-order-closing-chukchansi-casino-as-of-october-27th-ayalalewis-failures-stand-to-cost-tribe-millions-in-lost-revenues-penalties-278470521.html\" target=\"_blank\">long-overdue audits\u003c/a> of the casino earlier this month.\u003c/p>\n\u003cp>But some critics say the federal government waited too long to intervene.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The big takeaway is that federal regulators didn’t do their job,” says Fresno State Professor \u003ca href=\"http://www.fresnostate.edu/socialsciences/polysci/fac-staff/full-time/hansen.html\" target=\"_blank\">Kenneth Hansen\u003c/a>, who co-authored a book on Indian Gaming. “They had multiple opportunities to step in and try and address the problems here. They just let it fester for about three years, and this is the result of that.”\u003c/p>\n\u003cp>Meanwhile, one faction of the tribal leadership is still holed up on the casino’s 11th floor, and sheriff’s deputies are providing round-the-clock security.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://kvpr.org/\" target=\"_blank\">Valley Public Radio\u003c/a>'s Ezra Romero \u003ca href=\"http://kvpr.org/post/fight-over-chukchansi-has-deep-roots-casino-still-closed\" target=\"_blank\">reported on the divisions in the tribe\u003c/a> and talked to casino employees who fear that a prolonged closure could devastate the livelihoods of many locals in the mountain communities of Coarsegold. The casino is a major employer in the area and pays a million dollars a year for rights to name the the local baseball stadium, \u003ca href=\"http://www.milb.com/content/page.jsp?ymd=20081119&content_id=41087602&fext=.jsp&vkey=news_t259&sid=t259\" target=\"_blank\">Chukchansi Park.\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The big takeaway is that federal regulators didn’t do their job,” says Fresno State Professor \u003ca href=\"http://www.fresnostate.edu/socialsciences/polysci/fac-staff/full-time/hansen.html\" target=\"_blank\">Kenneth Hansen\u003c/a>, who co-authored a book on Indian Gaming. “They had multiple opportunities to step in and try and address the problems here. They just let it fester for about three years, and this is the result of that.”\u003c/p>\n\u003cp>Meanwhile, one faction of the tribal leadership is still holed up on the casino’s 11th floor, and sheriff’s deputies are providing round-the-clock security.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://kvpr.org/\" target=\"_blank\">Valley Public Radio\u003c/a>'s Ezra Romero \u003ca href=\"http://kvpr.org/post/fight-over-chukchansi-has-deep-roots-casino-still-closed\" target=\"_blank\">reported on the divisions in the tribe\u003c/a> and talked to casino employees who fear that a prolonged closure could devastate the livelihoods of many locals in the mountain communities of Coarsegold. The casino is a major employer in the area and pays a million dollars a year for rights to name the the local baseball stadium, \u003ca href=\"http://www.milb.com/content/page.jsp?ymd=20081119&content_id=41087602&fext=.jsp&vkey=news_t259&sid=t259\" target=\"_blank\">Chukchansi Park.\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"http://www.sfsuperiorcourt.org/\" target=\"_blank\">San Francisco Superior Court\u003c/a> workers with Service Employees International Union \u003ca href=\"http://www.seiu1021.org/\" target=\"_blank\">Local 1021\u003c/a> are holding a one-day strike today, union officials said.\u003c/p>\n\u003cp>Court spokesperson Ann Donlan said some cases scheduled for today would be cancelled. The court will prioritize criminal cases, those involving restraining orders, and those with statutory deadlines. Court proceedings at the Hall of Justice, Civic Center, and Youth Guidance Center will be affected.\u003c/p>\n\u003cp>Workers set up picket lines around the city's courthouses this morning and are alleging that court management is bargaining in bad faith.\u003c/p>\n\u003cp>SEIU Local 1021 filed charges with the state's \u003ca href=\"http://www.perb.ca.gov/\" target=\"_blank\">Public Employment Relations Board\u003c/a> alleging that the court has refused to bargain over mandatory issues, withheld information from the union so it can bargain properly and has threatened the jobs of union members at the bargaining table.\u003c/p>\n\u003cp>Court officials said they believe a strike is unlawful under its current contract with SEIU Local 1021 because it contains a no-strike provision. The contract took effect Dec. 5, 2012, and expires on June 30, 2015.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Under its current contract, SEIU members received a one-time $3,500 payment, followed in July 2013 by a 3 percent cost of living increase, court officials said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://www.sfsuperiorcourt.org/\" target=\"_blank\">San Francisco Superior Court\u003c/a> workers with Service Employees International Union \u003ca href=\"http://www.seiu1021.org/\" target=\"_blank\">Local 1021\u003c/a> are holding a one-day strike today, union officials said.\u003c/p>\n\u003cp>Court spokesperson Ann Donlan said some cases scheduled for today would be cancelled. The court will prioritize criminal cases, those involving restraining orders, and those with statutory deadlines. Court proceedings at the Hall of Justice, Civic Center, and Youth Guidance Center will be affected.\u003c/p>\n\u003cp>Workers set up picket lines around the city's courthouses this morning and are alleging that court management is bargaining in bad faith.\u003c/p>\n\u003cp>SEIU Local 1021 filed charges with the state's \u003ca href=\"http://www.perb.ca.gov/\" target=\"_blank\">Public Employment Relations Board\u003c/a> alleging that the court has refused to bargain over mandatory issues, withheld information from the union so it can bargain properly and has threatened the jobs of union members at the bargaining table.\u003c/p>\n\u003cp>Court officials said they believe a strike is unlawful under its current contract with SEIU Local 1021 because it contains a no-strike provision. The contract took effect Dec. 5, 2012, and expires on June 30, 2015.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A federal magistrate judge has ruled against the National Park Service and awarded a Montara man $50,000 because a ranger shot him with a Taser stun gun after he refused her order to \"stay put.\"\u003c/p>\n\u003cp>The incident began on Jan. 29, 2012, when Gary Hesterberg, 50 at the time, was walking two dogs at \u003ca href=\"http://www.nps.gov/goga/rcdt.htm\">Rancho Corral de Tierra\u003c/a> near Montara. The space had just become part of the Golden Gate National Recreation Area, and National Park Service rangers were starting to enforce a dog leash law.\u003c/p>\n\u003cp>Hesterberg's beagle, Jack, was on a leash because, according to the court opinion, \"Jack is 'not the smartest tool in the shed,' and could not be kept under voice control.\" JoJo the rat terrier was apparently more intelligent, and so was off-leash.\u003c/p>\n\u003cp>NPS Ranger Sarah Cavallaro was patrolling the area under orders to give warnings about the newly imposed leash law, according to the court opinion. She saw Hesterberg and JoJo's transgression before the owner leashed his small dog, and she attempted to give Hesterberg a warning.\u003c/p>\n\u003cp>At least three \u003ca href=\"http://ww2.kqed.org/news/2012/02/01/interview-with-eyewitness-to-dog-walking-taser-incident-at-ggnra/\" target=\"_blank\">witnesses watched\u003c/a> the encounter escalate.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As Cavallaro attempted to verify Hesterberg's identity, which he initially lied about, Hesterberg announced that he had received his warning and planned to leave. Cavallaro told him he was not allowed to leave, which led to an argument.\u003c/p>\n\u003cp>From the opinion:\u003c/p>\n\u003cblockquote>\u003cp>Hesterberg again announced his intention to leave. In response, Cavallaro drew her taser, pointed it at the center of Hesterberg’s chest, and ordered him to put his hands behind his back. Hesterberg did not put his hands behind his back and instead asked her sarcastically and in disbelief, “What, you’re going to tase me now?” Hesterberg also told Cavallaro something close to, “Don’t tase me, I have a heart condition.” Cavallaro responded, “Well, then turn around and put your hands behind your back.” Hesterberg again did not put his hands behind his back. ... Hesterberg turned to his right and began a slow jog south on the trail and got two to three strides into his jog when Cavallaro fired her taser in dart mode, striking Hesterberg in the back and buttock. Cavallaro did not give any verbal warning just before tasing Hesterberg, though she did order him to stop. Cavallaro announced over the radio, “Taser deployed! Taser deployed!” Besides eliciting a cry of agony, the taser incapacitated Hesterberg, causing him to fall face first on the trail’s degraded asphalt. Hesterberg testified that on a scale of one to ten, the pain from the taser was a ten. Hesterberg hoped that he would not die.\u003c/p>\u003c/blockquote>\n\u003cp>Cavallaro cited Hesterberg with failure to obey a lawful order, providing false information and walking a dog off-leash, but the San Mateo district attorney did not pursue any of the charges. Hesterburg filed a federal lawsuit alleging battery and negligence.\u003c/p>\n\u003cp>Judge Jacqueline Scott Corley weighed several circumstances that could justify use of force, including the severity of the crime from which Hesterberg was attempting to flee, any immediate threat to safety posed by Hesterberg, whether he was actively or passively resisting Cavallaro, whether the ranger gave a warning about the imminent use of force, the availability of less-intrusive alternatives to make the arrest, each party's culpability in escalating the incident, and Hesterberg's statement that he had a heart condition.\u003c/p>\n\u003cp>Corley gave no weight to testimony from the National Park Service's deputy chief of law enforcement, Hunter Bailey, because his \"testimony at trial revealed a startling lack of awareness of the law and its application to use of force scenarios.\" Specifically, Bailey said he was unaware of 9th Circuit Court of Appeals holdings on the legal standard for the use of a Taser, according to the opinion.\u003c/p>\n\u003cp>The National Park Service is reviewing the opinion and has no comment at this time, according to an emailed response from spokeswoman Alexandra Picavet. She confirmed that Cavallaro is still a ranger and was found by the Department of the Interior to have \"acted within agency policy and her training.\"\u003c/p>\n\u003cp>\"Tasers can kill,\" Michael Haddad, one of Hesterberg's attorney's, wrote in a statement. \"They should never be used against a non-threatening person as the ranger did here.\"\u003c/p>\n\u003cp>Read Magistrate Judge Jacqueline Scott Corley's opinion below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=242568997 key=key-tS16acJ5nc01BSj7dHkx mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal magistrate judge has ruled against the National Park Service and awarded a Montara man $50,000 because a ranger shot him with a Taser stun gun after he refused her order to \"stay put.\"\u003c/p>\n\u003cp>The incident began on Jan. 29, 2012, when Gary Hesterberg, 50 at the time, was walking two dogs at \u003ca href=\"http://www.nps.gov/goga/rcdt.htm\">Rancho Corral de Tierra\u003c/a> near Montara. The space had just become part of the Golden Gate National Recreation Area, and National Park Service rangers were starting to enforce a dog leash law.\u003c/p>\n\u003cp>Hesterberg's beagle, Jack, was on a leash because, according to the court opinion, \"Jack is 'not the smartest tool in the shed,' and could not be kept under voice control.\" JoJo the rat terrier was apparently more intelligent, and so was off-leash.\u003c/p>\n\u003cp>NPS Ranger Sarah Cavallaro was patrolling the area under orders to give warnings about the newly imposed leash law, according to the court opinion. She saw Hesterberg and JoJo's transgression before the owner leashed his small dog, and she attempted to give Hesterberg a warning.\u003c/p>\n\u003cp>At least three \u003ca href=\"http://ww2.kqed.org/news/2012/02/01/interview-with-eyewitness-to-dog-walking-taser-incident-at-ggnra/\" target=\"_blank\">witnesses watched\u003c/a> the encounter escalate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As Cavallaro attempted to verify Hesterberg's identity, which he initially lied about, Hesterberg announced that he had received his warning and planned to leave. Cavallaro told him he was not allowed to leave, which led to an argument.\u003c/p>\n\u003cp>From the opinion:\u003c/p>\n\u003cblockquote>\u003cp>Hesterberg again announced his intention to leave. In response, Cavallaro drew her taser, pointed it at the center of Hesterberg’s chest, and ordered him to put his hands behind his back. Hesterberg did not put his hands behind his back and instead asked her sarcastically and in disbelief, “What, you’re going to tase me now?” Hesterberg also told Cavallaro something close to, “Don’t tase me, I have a heart condition.” Cavallaro responded, “Well, then turn around and put your hands behind your back.” Hesterberg again did not put his hands behind his back. ... Hesterberg turned to his right and began a slow jog south on the trail and got two to three strides into his jog when Cavallaro fired her taser in dart mode, striking Hesterberg in the back and buttock. Cavallaro did not give any verbal warning just before tasing Hesterberg, though she did order him to stop. Cavallaro announced over the radio, “Taser deployed! Taser deployed!” Besides eliciting a cry of agony, the taser incapacitated Hesterberg, causing him to fall face first on the trail’s degraded asphalt. Hesterberg testified that on a scale of one to ten, the pain from the taser was a ten. Hesterberg hoped that he would not die.\u003c/p>\u003c/blockquote>\n\u003cp>Cavallaro cited Hesterberg with failure to obey a lawful order, providing false information and walking a dog off-leash, but the San Mateo district attorney did not pursue any of the charges. Hesterburg filed a federal lawsuit alleging battery and negligence.\u003c/p>\n\u003cp>Judge Jacqueline Scott Corley weighed several circumstances that could justify use of force, including the severity of the crime from which Hesterberg was attempting to flee, any immediate threat to safety posed by Hesterberg, whether he was actively or passively resisting Cavallaro, whether the ranger gave a warning about the imminent use of force, the availability of less-intrusive alternatives to make the arrest, each party's culpability in escalating the incident, and Hesterberg's statement that he had a heart condition.\u003c/p>\n\u003cp>Corley gave no weight to testimony from the National Park Service's deputy chief of law enforcement, Hunter Bailey, because his \"testimony at trial revealed a startling lack of awareness of the law and its application to use of force scenarios.\" Specifically, Bailey said he was unaware of 9th Circuit Court of Appeals holdings on the legal standard for the use of a Taser, according to the opinion.\u003c/p>\n\u003cp>The National Park Service is reviewing the opinion and has no comment at this time, according to an emailed response from spokeswoman Alexandra Picavet. She confirmed that Cavallaro is still a ranger and was found by the Department of the Interior to have \"acted within agency policy and her training.\"\u003c/p>\n\u003cp>\"Tasers can kill,\" Michael Haddad, one of Hesterberg's attorney's, wrote in a statement. \"They should never be used against a non-threatening person as the ranger did here.\"\u003c/p>\n\u003cp>Read Magistrate Judge Jacqueline Scott Corley's opinion below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/242568997/content?start_page=1&view_mode=&access_key=key-tS16acJ5nc01BSj7dHkx\"\n title=\"http://www.scribd.com/doc/242568997\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_242568997\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/242568997\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Proposition 47 would reclassify some nonviolent felonies as misdemeanors, including crimes like shoplifting, grand theft, receiving stolen property, writing bad checks and drug possession. Forum debates the initiative. \u003ca href=\"http://www.kqed.org/epArchive/R201410100900?pid=RD19\" target=\"_blank\" rel=\"nofollow\" class=\"rssmi_more\">Read More ...\u003c/a> \u003c/p>\n\u003cp>Source: \u003ca href=\"http://www.kqed.org/epArchive/R201410100900?pid=RD19\" target=\"_blank\" title=\"California's Proposition 47 Seeks to Reduce Penalties for Certain Crimes\" rel=\"nofollow\">Forum Election Coverage\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>LAS VEGAS — The uncertainty over gay marriage hit couples in the West as the U.S. Supreme Court allowed same-sex couples in Nevada to exchange vows but blocked those in Idaho from doing the same.\u003c/p>\n\u003cp>Justice Anthony Kennedy's ruling allowed same-sex marriages to begin in the Silver State, clarifying an earlier order. Kennedy said Wednesday afternoon that he is temporarily putting on hold same-sex marriage in Idaho, where state officials have asked for the delay. Officials in Nevada didn't request a stay.\u003c/p>\n\u003cp>Kennedy's orders were the latest twist in the national drama unfolding as more states see same-sex unions made legal and others continue to fight such a change, leaving many couples in limbo.\u003c/p>\n\u003cp>The news of Kennedy's initial stay in Idaho, delivered at 8:01 a.m. to about 10 gay couples and dozens of their supporters, left a crowded room in a Boise clerk's office in silence, except for a small child asking, \"Why?\"\u003c/p>\n\u003cp>Amber Beierle, one of the eight women who sued Idaho over the gay marriage ban, had hoped to marry her partner, Rachael. They arrived at the courthouse before it opened at 8 a.m.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We were past the metal detectors, we were just a few feet away from the clerk and then our attorney was handed a one-page document,\" Beierle said. \"Apparently it was Justice Kennedy telling us no.\"\u003c/p>\n\u003cp>She said the hardest part was calling her mom to tell her she wasn't going to be able to get married after all.\u003c/p>\n\u003cp>Rachael Beierle, who has had her last name legally changed, said the room was filled with emotions, but it was even more difficult listening to the children ask their parents what was going on.\u003c/p>\n\u003cp>\"To hear a 4-year-old ask, 'Why, Mommy? Why can't you get married?'\" she said. \"We're asking the same questions.\u003c/p>\n\u003cp>There has been a flurry of legal activity over gay marriage this week.\u003c/p>\n\u003cp>On Monday, the U.S. Supreme Court refused an appeal, which effectively made gay marriage legal in 30 states.\u003c/p>\n\u003cp>Then Tuesday, the 9th U.S. Circuit Court of Appeals followed the Supreme Court's action with a ruling declaring that gay couples' equal protection rights were violated by the same-sex-marriage bans in both states.\u003c/p>\n\u003cp>Idaho Gov. C.L. \"Butch\" Otter said in a statement he was \"pleased\" with Justice Kennedy's early morning stay.\u003c/p>\n\u003cp>\"I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage,\" Otter said.\u003c/p>\n\u003cp>Both Otter and Idaho Attorney General Lawrence Wasden filed emergency motions early Wednesday morning in an effort to delay Tuesday's ruling that declared gay marriage legal in Idaho and Nevada. Kennedy's order came just over an hour after the motion was filed.\u003c/p>\n\u003cp>It's unclear just how long the U.S. Supreme Court will keep the Idaho stay in effect.\u003c/p>\n\u003cp>\"The next thing that is sure to happen is that the plaintiffs in this case will file their opposition to the stay, and then Justice Kennedy — probably sometime on Friday — will issue an opinion on whether the stay should be continued,\" said Shaakirrah Sanders, an associate law professor with the University of Idaho's College of Law in Boise.\u003c/p>\n\u003cp>The 9th U.S. Circuit's decision to make its Tuesday ruling effective immediately was unusual, Sanders said, because it removed the procedural grace period that parties to a case normally have to appeal. The stay from Kennedy could be less about wanting to consider the results of the case and more about reminding the 9th Circuit that it shouldn't skirt the rules, she said.\u003c/p>\n\u003cp>Officials at Lambda Legal, the gay rights advocacy organization that argued the Nevada case on behalf of eight same-sex couples, noted only Idaho sought the stay.\u003c/p>\n\u003cp>Jon Davidson, the group's legal director, had called for the nation's highest court to clarify whether Nevada can issue marriage licenses.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Pierceall reported from Las Vegas. Associated Press reporters Ken Ritter and Michelle Rindels in Las Vegas, Rebecca Boone in Boise and Paul Elias in San Francisco contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>LAS VEGAS — The uncertainty over gay marriage hit couples in the West as the U.S. Supreme Court allowed same-sex couples in Nevada to exchange vows but blocked those in Idaho from doing the same.\u003c/p>\n\u003cp>Justice Anthony Kennedy's ruling allowed same-sex marriages to begin in the Silver State, clarifying an earlier order. Kennedy said Wednesday afternoon that he is temporarily putting on hold same-sex marriage in Idaho, where state officials have asked for the delay. Officials in Nevada didn't request a stay.\u003c/p>\n\u003cp>Kennedy's orders were the latest twist in the national drama unfolding as more states see same-sex unions made legal and others continue to fight such a change, leaving many couples in limbo.\u003c/p>\n\u003cp>The news of Kennedy's initial stay in Idaho, delivered at 8:01 a.m. to about 10 gay couples and dozens of their supporters, left a crowded room in a Boise clerk's office in silence, except for a small child asking, \"Why?\"\u003c/p>\n\u003cp>Amber Beierle, one of the eight women who sued Idaho over the gay marriage ban, had hoped to marry her partner, Rachael. They arrived at the courthouse before it opened at 8 a.m.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We were past the metal detectors, we were just a few feet away from the clerk and then our attorney was handed a one-page document,\" Beierle said. \"Apparently it was Justice Kennedy telling us no.\"\u003c/p>\n\u003cp>She said the hardest part was calling her mom to tell her she wasn't going to be able to get married after all.\u003c/p>\n\u003cp>Rachael Beierle, who has had her last name legally changed, said the room was filled with emotions, but it was even more difficult listening to the children ask their parents what was going on.\u003c/p>\n\u003cp>\"To hear a 4-year-old ask, 'Why, Mommy? Why can't you get married?'\" she said. \"We're asking the same questions.\u003c/p>\n\u003cp>There has been a flurry of legal activity over gay marriage this week.\u003c/p>\n\u003cp>On Monday, the U.S. Supreme Court refused an appeal, which effectively made gay marriage legal in 30 states.\u003c/p>\n\u003cp>Then Tuesday, the 9th U.S. Circuit Court of Appeals followed the Supreme Court's action with a ruling declaring that gay couples' equal protection rights were violated by the same-sex-marriage bans in both states.\u003c/p>\n\u003cp>Idaho Gov. C.L. \"Butch\" Otter said in a statement he was \"pleased\" with Justice Kennedy's early morning stay.\u003c/p>\n\u003cp>\"I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage,\" Otter said.\u003c/p>\n\u003cp>Both Otter and Idaho Attorney General Lawrence Wasden filed emergency motions early Wednesday morning in an effort to delay Tuesday's ruling that declared gay marriage legal in Idaho and Nevada. Kennedy's order came just over an hour after the motion was filed.\u003c/p>\n\u003cp>It's unclear just how long the U.S. Supreme Court will keep the Idaho stay in effect.\u003c/p>\n\u003cp>\"The next thing that is sure to happen is that the plaintiffs in this case will file their opposition to the stay, and then Justice Kennedy — probably sometime on Friday — will issue an opinion on whether the stay should be continued,\" said Shaakirrah Sanders, an associate law professor with the University of Idaho's College of Law in Boise.\u003c/p>\n\u003cp>The 9th U.S. Circuit's decision to make its Tuesday ruling effective immediately was unusual, Sanders said, because it removed the procedural grace period that parties to a case normally have to appeal. The stay from Kennedy could be less about wanting to consider the results of the case and more about reminding the 9th Circuit that it shouldn't skirt the rules, she said.\u003c/p>\n\u003cp>Officials at Lambda Legal, the gay rights advocacy organization that argued the Nevada case on behalf of eight same-sex couples, noted only Idaho sought the stay.\u003c/p>\n\u003cp>Jon Davidson, the group's legal director, had called for the nation's highest court to clarify whether Nevada can issue marriage licenses.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Pierceall reported from Las Vegas. Associated Press reporters Ken Ritter and Michelle Rindels in Las Vegas, Rebecca Boone in Boise and Paul Elias in San Francisco contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Teens' Life-and-Death Struggle for Asylum in America",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/171211484\" params=\"color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with \u003ca href=\"http://www.publicintegrity.org/\" target=\"_blank\">The Center for Public Integrity\u003c/a>, a nonprofit, nonpartisan investigative news organization in Washington, D.C.\u003c/em>\u003c/p>\n\u003cp>LOS ANGELES -- While other kids enjoyed summer break, a teenager with more on her mind slipped into her only dressy jacket and traveled south to Anaheim, to a nondescript building housing the local office of U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>Lithe and athletic, the girl knew she'd be less than a mile from Disneyland, \"the happiest place on Earth.\" But for Maria, a pseudonym, fun was a luxury she couldn't afford that day.\u003c/p>\n\u003cp>At the tender age of 15, she faced an interview to plead, essentially, for her life -- to ask for \u003ca href=\"https://www.publicintegrity.org/juvenile-justice\" target=\"_blank\">refuge from violence\u003c/a> so chilling her family thought it better to \u003ca href=\"https://www.publicintegrity.org/2014/07/18/15120/trains-amputations-and-roots-why-kids-are-run\" target=\"_blank\">smuggle her\u003c/a> to the United States, in the spring of 2013.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Two years ago a friend of mine died in a very cold-blooded way. She died cut to pieces,\" Maria said in Spanish, beginning to recount what she told a U.S. asylum officer. \"My best friend.\"\u003c/p>\n\u003cp>As she recalled the story again, her soft voice trembled; tears ran down her cheeks.\u003c/p>\n\u003cp>She said police in El Salvador asked her to identify body parts pulled from a bag dumped in a river -- she recognized her friend's birthmark on one of the legs. She said she also witnessed a boy shot and dragged off after a soccer game -- he was later found hanged. And before she fled, Maria said, she'd been asking her father, a U.S. truck driver, for more and more money so she could pay murderous \u003ca href=\"https://www.google.com/search?q=ms-13\" target=\"_blank\">MS-13\u003c/a> gangsters $60 a month to leave her alone.\u003c/p>\n\u003cfigure id=\"attachment_10342773\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342773\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg\" alt=\"Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-800x566.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"I was traumatized,\" Maria sobbed. \"I still am from seeing that body split apart. That dismembered head. Those arms. ... As time went by, I didn't want to go out, or eat, or do anything. The only thing I wanted to do was to die. I told myself that the same thing could happen to me.\"\u003c/p>\n\u003cp>After the 90-minute interview, the asylum officer told Maria she might know the outcome of her request in two weeks. More than three months later, after starting 11th grade this fall at an LA public high school, she was still waiting for an answer.\u003c/p>\n\u003cp>\u003cstrong>A Test for U.S. Asylum\u003c/strong>\u003c/p>\n\u003cp>In coming months, the American asylum system's treatment of young people like Maria will be tested as never before -- on U.S. soil and in Central America as well.\u003c/p>\n\u003cp>The challenge to the system's integrity and humanitarian obligations follows an 88 percent increase in \"unaccompanied minors\" seized at the border this year. More than 66,000 kids traveling without parents were \u003ca href=\"http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children\" target=\"_blank\">apprehended by the Border Patrol \u003c/a>between October 2013 and the end of August.\u003c/p>\n\u003cp>News footage showed minors from Honduras, El Salvador and Guatemala simply walking up to agents to be taken in. Now a record number are expected to apply for asylum based on gang persecution, a basis for refugee status that's becoming more common. It's also a highly debated area of law.\u003c/p>\n\u003cp>The White House on Sept. 30 approved a plan to allow a limited number of minors to apply for refugee status -- the equivalent of asylum -- from inside those three Central American countries if their parents are in the U.S. with legal status, including, potentially, parents with temporary legal status.\u003c/p>\n\u003cp>The plan echoes in-country refugee screenings in the past inside Haiti and Vietnam. But just like Maria, who crossed the border illegally in 2013, children in home countries will face eligibility requirements for asylum refugee status that go beyond experiencing fear.\u003c/p>\n\u003cp>The asylum application system for minors on U.S. territory has been designed, over time, to be deliberative and compassionate, yet it is by no means a sure thing for kids like Maria.\u003c/p>\n\u003caside class=\"pullquote alignright\">\"As traumatic as it is seeing your friend or family member executed by a gang...generally speaking that would not be considered grounds for a refugee definition.\"\u003ccite>Former Asylum Officer Christopher Manny\u003c/cite>\u003c/aside>\n\u003cp>In the court of U.S. public opinion, some have already reacted with unvarnished hostility to the flood of teens and preteens and their claims to be seeking a haven from relentless violence.\u003c/p>\n\u003cp>\"They're going to be sucking us dry,\" Cape Cod resident Mary Woodruff \u003ca href=\"http://radioboston.wbur.org/2014/07/24/immigrant-children\" target=\"_blank\">said\u003c/a>, as Boston's WBUR radio taped public debate over a proposal to shelter detained kids at a National Guard base in the popular vacation region.\u003c/p>\n\u003cp>Yet the public writ large seems to be conflicted. Fifty-two percent of respondents in an \u003ca href=\"http://ap-gfkpoll.com/main/wp-content/uploads/2014/07/AP-GfK-July-2014-Poll-Topline-FINAL-Immigration.pdf\" target=\"_blank\">Associated Press-GfK opinion poll\u003c/a> in late July said children claiming to be fleeing gang violence shouldn't be treated as refugees in need of asylum. Yet a survey by the nonpartisan \u003ca href=\"http://publicreligion.org/research/2014/07/july-2014-unaccompanied-minors/\" target=\"_blank\">Public Religion Research Institute \u003c/a>the same month found 69 percent support for allowing minors to stay if U.S. authorities decided it was unsafe for them to be deported.\u003c/p>\n\u003cp>Unaccompanied minors have an indisputable right to request an immigration hearing and seek asylum, but immigration skeptics want these kids to be treated more like adults who are subjected to rapid \"credible fear\" tests that can lead to their \"expedited deportation.\" Refugee rights advocates, meanwhile, are trying to make sure these kids -- who have no right to appointed counsel -- have help from attorneys.\u003c/p>\n\u003cp>As federal officials rush to prioritize resolution of minors' applications, members of Congress are aggressively attacking the current asylum system as well as children's claims they actually face mortal threats. Meanwhile, pro bono lawyers are struggling to document horrors some teens have faced -- while line-level asylum officers face decisions about matters children tell them could mean life or death.\u003c/p>\n\u003cp>\u003cstrong>Truth About Terror Not Enough\u003c/strong>\u003c/p>\n\u003cp>To win asylum, or refugee status, even children have to go beyond simply proving that they're being truthful about terrifying experiences.\u003c/p>\n\u003cp>\"While age should be taken into account in making the persecution determination,\" says an asylum officers' \u003ca href=\"http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Refugees%20%26%20Asylum/Asylum/AOBTC%20Lesson%20Plans/Guidelines-for-Childrens-Asylum-Claims-31aug10.pdf\" target=\"_blank\">training guide\u003c/a>, \"not all harm to a child, including physical mistreatment and detention, constitutes persecution.\"\u003c/p>\n\u003cfigure id=\"attachment_10342776\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg\" alt=\"While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"286\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-800x573.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>The Department of Homeland Security declined a request to speak with an active asylum officer. But Christopher Manny, a former asylum officer in Chicago and Miami, explained the constraints of the law.\u003c/p>\n\u003cp>\"As traumatic as it is seeing your friend or family member executed by a gang for refusing recruitment or refusing an extortion demand,\" Manny said, \"generally speaking that would not be considered grounds for a refugee definition.\"\u003c/p>\n\u003cp>Officers must also be convinced, Manny said, that children's suffering had a \"nexus,\" or was rooted in a persecutor's intent to harm them because of one or more of five reasons: religious or political persuasion, race, nationality or because they belong to an identifiable \"social group\" that's persecuted and unprotected.\u003c/p>\n\u003cp>Since minors, like adults, have no right to the appointment of counsel in deportation or asylum proceedings, they largely depend on nonprofit and pro bono attorneys who often need crash courses from colleagues because they've never studied asylum law.\u003c/p>\n\u003cp>State bar associations have put out calls for members to volunteer -- beginning with initial appearances the kids make before immigration judges. Kids are also showing up for help at advocacy groups like Los Angeles' Esperanza Immigrant Rights Project, Chicago's National Immigrant Justice Center and Washington D.C.'s Capital Area Immigrants' Rights Coalition, among others.\u003c/p>\n\u003cp>Kids in Need of Defense, a nonprofit in the nation's capital, is scrambling to match Central American minors with counsel from a pool of 8,000 potential pro bono lawyers nationwide that the group has developed at law firms, corporations and law schools.\u003c/p>\n\u003cp>In September, as part of the budget process, Congress rejected a White House request for $64 million to hire more immigration judges to clear backlogs that delay cases for years and to provide other legal support, including $15 million in direct representation for kids.\u003c/p>\n\u003cp>The Justice Department, though, is pressing ahead with \u003ca href=\"http://www.justice.gov/opa/pr/justice-department-and-cncs-announce-18-million-grants-enhance-immigration-court-proceedings\" target=\"_blank\">$1.8 million in grants\u003c/a> to groups to bolster legal representation for kids under 16. The Department of Health and Human Services, which runs shelters for the minors, announced in late September that it's providing $9 million in grants for two years to fund nonprofit legal aid groups that provide counsel.\u003c/p>\n\u003cp>It's unclear exactly how many kids will get counsel, but it can clearly make a difference. A recent \u003ca href=\"http://trac.syr.edu/immigration/reports/359/\" target=\"_blank\">analysis\u003c/a> of a decade's worth of immigration court records showed that 43 percent of about 100,000 juveniles in the courts had counsel. About half of those kids were ultimately allowed to stay for various reasons, asylum among them. Only one in 10 without counsel was successful, according to researchers at Syracuse University.\u003c/p>\n\u003cfigure id=\"attachment_10342968\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa.jpg\">\u003cimg class=\"wp-image-10342968 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa-400x360.jpg\" alt=\"San Diego-area Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent surge among children. (NICHOLAS KAMM/AFP/Getty Images)\" width=\"400\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-400x360.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-800x721.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In a June hearing, Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent child immigrant surge, saying \"You’re seeing...a flood of illegals coming here prepped to say whatever they need to say to get to stay here.\" (NICHOLAS KAMM/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\"An attorney is so, so central,\" said \u003ca href=\"http://cgrs.uchastings.edu/about/bio/lisa-frydman\" target=\"_blank\">Lisa Frydman\u003c/a>, managing director of the Center for Gender and Refugee Studies at the University of California Hastings College of the Law.\u003c/p>\n\u003cp>\"How does a child begin to understand what kinds of evidence they have to put together,\" Frydman said, \"or begin to understand what the definition of a refugee even means?\"\u003c/p>\n\u003cp>Comprehending the intricacies of the law is just one challenge; lawyers also face the daunting task of figuring out how to gather statements and relevant evidence from foreign countries where people are often terrified to hand over records.\u003c/p>\n\u003cp>Under current federal law -- laws some in Congress now want changed -- minors who arrive on their own must be released from Border Patrol custody and placed in shelters within 72 hours. They receive basic child-friendly legal briefings. And if they are from \"non-contiguous\" countries, like those in Central America, they must be given a date to appear before an immigration judge before they can be deported.\u003c/p>\n\u003cp>If a child decides to seek asylum, immigration judges transfer their cases for judgment to the U.S. Asylum Office system, which is part of the Department of Homeland Security.\u003c/p>\n\u003cp>If asylum officers don't subsequently find children eligible for asylum, their cases return to immigration courts, where they can again argue for asylum in a hearing that can be more adversarial, with a government attorney cross-examining them.\u003c/p>\n\u003cp>\u003cstrong>Sorting It Out\u003c/strong>\u003c/p>\n\u003cp>As images of minors crossing the border began to dominate news programs and talk shows, the issue quickly morphed into a political football laced with confusing accusations and misleading statistics.\u003c/p>\n\u003cp>Between October and the end of June, more than 1,500 asylum requests were filed by unaccompanied minors. They added up to only 4 percent of all asylum applications nationally during that time. But minors' requests did more than double in less than a year. By the end of June, about 2,180 cases -- including Maria's, in Anaheim -- were pending resolution nationwide, according to data provided by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cfigure id=\"attachment_10342961\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg\" alt=\"The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-800x567.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>During the first nine months of the 2014 fiscal year, 65 percent of kids interviewed by asylum officers were granted refuge -- a rate criticized as excessive in a widely covered \u003ca href=\"http://judiciary.house.gov/index.cfm/press-releases?ID=D9573AEB-21E9-453A-BE8D-AF01A482E9B7\" target=\"_blank\">press release\u003c/a> issued in July by House of Representatives Judiciary Committee Chairman Bob Goodlatte, a Virginia Republican who opposes federal expenditures on counsel for unaccompanied minors. He declined to comment further.\u003c/p>\n\u003cp>Goodlatte's July release alleged that too many kids were being rushed to undeserving asylum status on the basis of \"proven or possible fraud,\" citing an internal report from the Department of Homeland Security.\u003c/p>\n\u003cp>What the release didn't say was that the overall numbers of kids approved during that time frame was modest: just 108 minors.\u003c/p>\n\u003cp>About 60 other cases were sent to immigration judges for what amounts to an appeal. Thirty-eight additional cases were closed for reasons that included failure to appear. Only two of the 108 minors approved were new arrivals who came in during the nine-month time frame; the rest were kids who had arrived earlier.\u003c/p>\n\u003cp>\u003cstrong>U.S. Government Reports on Brutal Gangs\u003c/strong>\u003c/p>\n\u003cp>In that recent nine-month period, some 90 percent of the kids interviewed by asylum officers were represented by counsel. On average, up to now, most minors have taken more than 300 days to file formal application forms. Because kids are kids, and are frightened, lawyers say, it can take weeks, even months, to fully understand what happened to them.\u003c/p>\n\u003cp>Asylum officers attempt to resolve cases within a few months of receiving an application. Kids' lawyers say the process is accelerating now that the Department of Homeland Security, the umbrella agency handling border and immigration matters, has made minors' cases a priority.\u003c/p>\n\u003cp>To help frame minors' stories, lawyers say they routinely submit, with applications, U.S. government reports acknowledging the pervasive, brutal control organized-crime rings now exert in Central America.\u003c/p>\n\u003cp>In 2012, the U.S. Treasury Department designated the notorious MS-13 gang -- which Maria said preyed on her -- as a \"transnational crime organization\" involved in global narcotics smuggling and other crimes. A U.S. State Department report also warned in 2006 that kids as young as 8 were targets for gang recruitment, extortion and retaliation in some countries.\u003c/p>\n\u003cp>Honduras, El Salvador and Guatemala have some of the highest per capita murder rates in the world.\u003c/p>\n\u003cp>A Congressional Research Service paper issued in July took note of a United Nations survey of about 400 Central American minors in U.S. custody in the fall of 2013. About half said they had experienced \"serious harm or threats by organized criminal groups or state actors,\" references to gangs and to corrupt police.\u003c/p>\n\u003cp>But these claims are controversial. San Diego-area GOP Rep. Darrell Issa, chair of the House Committee on Oversight and Government Reform, downplayed the role of gang violence in creating the recent surge among children.\u003c/p>\n\u003cfigure id=\"attachment_10342780\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342780\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg\" alt=\"Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\" width=\"400\" height=\"454\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-800x908.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"What you're seeing is a flood of illegals coming here prepped to say whatever they need to say to get to stay here because the president of the United States has told them, in no uncertain terms: If they get here, he won't enforce the law,\" Issa said at a June congressional hearing. Reports of \"cheat sheets\" composed by smugglers hired by parents fueled the idea that kids were making stories up.\u003c/p>\n\u003cp>Maria said it was her idea in 2013 to flee El Salvador, not her father's, and she implored him to help her.\u003c/p>\n\u003cp>\"The majority of my friends that have stayed in El Salvador are terrified. Some tolerate beatings; others, threats. Others are in the gangs now. Waiting to see when it's their day to die,\" Maria said, her voice shaking.\u003c/p>\n\u003cp>\"It's a country where no one can even play safely, nor think. Nothing,\" she said. \"The police are dominated by the gangs. You go to complain about a gangster and a little while later, they know about it.\"\u003c/p>\n\u003cp>Lawyers have argued with mixed success that girls who face rape and servitude to notorious criminal bands in Central America constitute a persecuted social group.\u003c/p>\n\u003cp>They've also argued that kids who resist gang recruitment and face brutal retaliation are a social group, along with kids who witness crimes where police are either incapable or too corrupt to protect them from retaliation.\u003c/p>\n\u003cp>Lawyers for Maria at the Esperanza Immigrant Rights Project submitted a legal memo arguing that the teenager is a witness to crime who requires protection because she is vulnerable to retaliation.\u003c/p>\n\u003cp>Patricia Ortiz, Esperanza's managing attorney, is confident that the kids whose cases she's taken are truthful.\u003c/p>\n\u003cp>\"Just because all of them are telling similar stories does not mean that they are lying,\" she said. \"It just means that they're living in a country where they are not safe, and they're in a country where they can't walk out into the street without being afraid of being murdered or hurt or facing some kind of harm.\"\u003c/p>\n\u003cp>Former asylum officer Manny said officers are trained to spot stories that raise suspicions. They receive bulletins if details in multiple applicants' stories seem oddly similar.\u003c/p>\n\u003cp>\"What to look for,\" he said of children, \"is basically the consistency of their testimony, whether they seem like they believe it or whether they seem to be speaking vicariously through someone else.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.publicintegrity.org/2014/10/08/15861/life-and-death-struggle-asylum-america\" target=\"_blank\">Read the rest of the story\u003c/a> on The Center for Public Integrity's website.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='20'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/171211484&visual=true&color=ff5500&inverse=false&auto_play=false&show_user=true'\n title='https://api.soundcloud.com/tracks/171211484'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with \u003ca href=\"http://www.publicintegrity.org/\" target=\"_blank\">The Center for Public Integrity\u003c/a>, a nonprofit, nonpartisan investigative news organization in Washington, D.C.\u003c/em>\u003c/p>\n\u003cp>LOS ANGELES -- While other kids enjoyed summer break, a teenager with more on her mind slipped into her only dressy jacket and traveled south to Anaheim, to a nondescript building housing the local office of U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>Lithe and athletic, the girl knew she'd be less than a mile from Disneyland, \"the happiest place on Earth.\" But for Maria, a pseudonym, fun was a luxury she couldn't afford that day.\u003c/p>\n\u003cp>At the tender age of 15, she faced an interview to plead, essentially, for her life -- to ask for \u003ca href=\"https://www.publicintegrity.org/juvenile-justice\" target=\"_blank\">refuge from violence\u003c/a> so chilling her family thought it better to \u003ca href=\"https://www.publicintegrity.org/2014/07/18/15120/trains-amputations-and-roots-why-kids-are-run\" target=\"_blank\">smuggle her\u003c/a> to the United States, in the spring of 2013.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Two years ago a friend of mine died in a very cold-blooded way. She died cut to pieces,\" Maria said in Spanish, beginning to recount what she told a U.S. asylum officer. \"My best friend.\"\u003c/p>\n\u003cp>As she recalled the story again, her soft voice trembled; tears ran down her cheeks.\u003c/p>\n\u003cp>She said police in El Salvador asked her to identify body parts pulled from a bag dumped in a river -- she recognized her friend's birthmark on one of the legs. She said she also witnessed a boy shot and dragged off after a soccer game -- he was later found hanged. And before she fled, Maria said, she'd been asking her father, a U.S. truck driver, for more and more money so she could pay murderous \u003ca href=\"https://www.google.com/search?q=ms-13\" target=\"_blank\">MS-13\u003c/a> gangsters $60 a month to leave her alone.\u003c/p>\n\u003cfigure id=\"attachment_10342773\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342773\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg\" alt=\"Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa-800x566.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaAndPapa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Maria pleaded with her father (R) to get her out of El Salvador. Gangsters had begun to demand that Maria hand over money sent by her father. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"I was traumatized,\" Maria sobbed. \"I still am from seeing that body split apart. That dismembered head. Those arms. ... As time went by, I didn't want to go out, or eat, or do anything. The only thing I wanted to do was to die. I told myself that the same thing could happen to me.\"\u003c/p>\n\u003cp>After the 90-minute interview, the asylum officer told Maria she might know the outcome of her request in two weeks. More than three months later, after starting 11th grade this fall at an LA public high school, she was still waiting for an answer.\u003c/p>\n\u003cp>\u003cstrong>A Test for U.S. Asylum\u003c/strong>\u003c/p>\n\u003cp>In coming months, the American asylum system's treatment of young people like Maria will be tested as never before -- on U.S. soil and in Central America as well.\u003c/p>\n\u003cp>The challenge to the system's integrity and humanitarian obligations follows an 88 percent increase in \"unaccompanied minors\" seized at the border this year. More than 66,000 kids traveling without parents were \u003ca href=\"http://www.cbp.gov/newsroom/stats/southwest-border-unaccompanied-children\" target=\"_blank\">apprehended by the Border Patrol \u003c/a>between October 2013 and the end of August.\u003c/p>\n\u003cp>News footage showed minors from Honduras, El Salvador and Guatemala simply walking up to agents to be taken in. Now a record number are expected to apply for asylum based on gang persecution, a basis for refugee status that's becoming more common. It's also a highly debated area of law.\u003c/p>\n\u003cp>The White House on Sept. 30 approved a plan to allow a limited number of minors to apply for refugee status -- the equivalent of asylum -- from inside those three Central American countries if their parents are in the U.S. with legal status, including, potentially, parents with temporary legal status.\u003c/p>\n\u003cp>The plan echoes in-country refugee screenings in the past inside Haiti and Vietnam. But just like Maria, who crossed the border illegally in 2013, children in home countries will face eligibility requirements for asylum refugee status that go beyond experiencing fear.\u003c/p>\n\u003cp>The asylum application system for minors on U.S. territory has been designed, over time, to be deliberative and compassionate, yet it is by no means a sure thing for kids like Maria.\u003c/p>\n\u003caside class=\"pullquote alignright\">\"As traumatic as it is seeing your friend or family member executed by a gang...generally speaking that would not be considered grounds for a refugee definition.\"\u003ccite>Former Asylum Officer Christopher Manny\u003c/cite>\u003c/aside>\n\u003cp>In the court of U.S. public opinion, some have already reacted with unvarnished hostility to the flood of teens and preteens and their claims to be seeking a haven from relentless violence.\u003c/p>\n\u003cp>\"They're going to be sucking us dry,\" Cape Cod resident Mary Woodruff \u003ca href=\"http://radioboston.wbur.org/2014/07/24/immigrant-children\" target=\"_blank\">said\u003c/a>, as Boston's WBUR radio taped public debate over a proposal to shelter detained kids at a National Guard base in the popular vacation region.\u003c/p>\n\u003cp>Yet the public writ large seems to be conflicted. Fifty-two percent of respondents in an \u003ca href=\"http://ap-gfkpoll.com/main/wp-content/uploads/2014/07/AP-GfK-July-2014-Poll-Topline-FINAL-Immigration.pdf\" target=\"_blank\">Associated Press-GfK opinion poll\u003c/a> in late July said children claiming to be fleeing gang violence shouldn't be treated as refugees in need of asylum. Yet a survey by the nonpartisan \u003ca href=\"http://publicreligion.org/research/2014/07/july-2014-unaccompanied-minors/\" target=\"_blank\">Public Religion Research Institute \u003c/a>the same month found 69 percent support for allowing minors to stay if U.S. authorities decided it was unsafe for them to be deported.\u003c/p>\n\u003cp>Unaccompanied minors have an indisputable right to request an immigration hearing and seek asylum, but immigration skeptics want these kids to be treated more like adults who are subjected to rapid \"credible fear\" tests that can lead to their \"expedited deportation.\" Refugee rights advocates, meanwhile, are trying to make sure these kids -- who have no right to appointed counsel -- have help from attorneys.\u003c/p>\n\u003cp>As federal officials rush to prioritize resolution of minors' applications, members of Congress are aggressively attacking the current asylum system as well as children's claims they actually face mortal threats. Meanwhile, pro bono lawyers are struggling to document horrors some teens have faced -- while line-level asylum officers face decisions about matters children tell them could mean life or death.\u003c/p>\n\u003cp>\u003cstrong>Truth About Terror Not Enough\u003c/strong>\u003c/p>\n\u003cp>To win asylum, or refugee status, even children have to go beyond simply proving that they're being truthful about terrifying experiences.\u003c/p>\n\u003cp>\"While age should be taken into account in making the persecution determination,\" says an asylum officers' \u003ca href=\"http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Refugees%20%26%20Asylum/Asylum/AOBTC%20Lesson%20Plans/Guidelines-for-Childrens-Asylum-Claims-31aug10.pdf\" target=\"_blank\">training guide\u003c/a>, \"not all harm to a child, including physical mistreatment and detention, constitutes persecution.\"\u003c/p>\n\u003cfigure id=\"attachment_10342776\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg\" alt=\"While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\" width=\"400\" height=\"286\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-400x286.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip-800x573.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/MariaHandOnHip.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">While spending time with family in Los Angeles she hasn’t met before, Maria tries to relax and enjoy feeling safer. (Alexis Kenyon/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>The Department of Homeland Security declined a request to speak with an active asylum officer. But Christopher Manny, a former asylum officer in Chicago and Miami, explained the constraints of the law.\u003c/p>\n\u003cp>\"As traumatic as it is seeing your friend or family member executed by a gang for refusing recruitment or refusing an extortion demand,\" Manny said, \"generally speaking that would not be considered grounds for a refugee definition.\"\u003c/p>\n\u003cp>Officers must also be convinced, Manny said, that children's suffering had a \"nexus,\" or was rooted in a persecutor's intent to harm them because of one or more of five reasons: religious or political persuasion, race, nationality or because they belong to an identifiable \"social group\" that's persecuted and unprotected.\u003c/p>\n\u003cp>Since minors, like adults, have no right to the appointment of counsel in deportation or asylum proceedings, they largely depend on nonprofit and pro bono attorneys who often need crash courses from colleagues because they've never studied asylum law.\u003c/p>\n\u003cp>State bar associations have put out calls for members to volunteer -- beginning with initial appearances the kids make before immigration judges. Kids are also showing up for help at advocacy groups like Los Angeles' Esperanza Immigrant Rights Project, Chicago's National Immigrant Justice Center and Washington D.C.'s Capital Area Immigrants' Rights Coalition, among others.\u003c/p>\n\u003cp>Kids in Need of Defense, a nonprofit in the nation's capital, is scrambling to match Central American minors with counsel from a pool of 8,000 potential pro bono lawyers nationwide that the group has developed at law firms, corporations and law schools.\u003c/p>\n\u003cp>In September, as part of the budget process, Congress rejected a White House request for $64 million to hire more immigration judges to clear backlogs that delay cases for years and to provide other legal support, including $15 million in direct representation for kids.\u003c/p>\n\u003cp>The Justice Department, though, is pressing ahead with \u003ca href=\"http://www.justice.gov/opa/pr/justice-department-and-cncs-announce-18-million-grants-enhance-immigration-court-proceedings\" target=\"_blank\">$1.8 million in grants\u003c/a> to groups to bolster legal representation for kids under 16. The Department of Health and Human Services, which runs shelters for the minors, announced in late September that it's providing $9 million in grants for two years to fund nonprofit legal aid groups that provide counsel.\u003c/p>\n\u003cp>It's unclear exactly how many kids will get counsel, but it can clearly make a difference. A recent \u003ca href=\"http://trac.syr.edu/immigration/reports/359/\" target=\"_blank\">analysis\u003c/a> of a decade's worth of immigration court records showed that 43 percent of about 100,000 juveniles in the courts had counsel. About half of those kids were ultimately allowed to stay for various reasons, asylum among them. Only one in 10 without counsel was successful, according to researchers at Syracuse University.\u003c/p>\n\u003cfigure id=\"attachment_10342968\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa.jpg\">\u003cimg class=\"wp-image-10342968 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/Issa-400x360.jpg\" alt=\"San Diego-area Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent surge among children. (NICHOLAS KAMM/AFP/Getty Images)\" width=\"400\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-400x360.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa-800x721.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/Issa.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In a June hearing, Rep. Darrell Issa (R) downplayed the role of gang violence in creating the recent child immigrant surge, saying \"You’re seeing...a flood of illegals coming here prepped to say whatever they need to say to get to stay here.\" (NICHOLAS KAMM/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\"An attorney is so, so central,\" said \u003ca href=\"http://cgrs.uchastings.edu/about/bio/lisa-frydman\" target=\"_blank\">Lisa Frydman\u003c/a>, managing director of the Center for Gender and Refugee Studies at the University of California Hastings College of the Law.\u003c/p>\n\u003cp>\"How does a child begin to understand what kinds of evidence they have to put together,\" Frydman said, \"or begin to understand what the definition of a refugee even means?\"\u003c/p>\n\u003cp>Comprehending the intricacies of the law is just one challenge; lawyers also face the daunting task of figuring out how to gather statements and relevant evidence from foreign countries where people are often terrified to hand over records.\u003c/p>\n\u003cp>Under current federal law -- laws some in Congress now want changed -- minors who arrive on their own must be released from Border Patrol custody and placed in shelters within 72 hours. They receive basic child-friendly legal briefings. And if they are from \"non-contiguous\" countries, like those in Central America, they must be given a date to appear before an immigration judge before they can be deported.\u003c/p>\n\u003cp>If a child decides to seek asylum, immigration judges transfer their cases for judgment to the U.S. Asylum Office system, which is part of the Department of Homeland Security.\u003c/p>\n\u003cp>If asylum officers don't subsequently find children eligible for asylum, their cases return to immigration courts, where they can again argue for asylum in a hearing that can be more adversarial, with a government attorney cross-examining them.\u003c/p>\n\u003cp>\u003cstrong>Sorting It Out\u003c/strong>\u003c/p>\n\u003cp>As images of minors crossing the border began to dominate news programs and talk shows, the issue quickly morphed into a political football laced with confusing accusations and misleading statistics.\u003c/p>\n\u003cp>Between October and the end of June, more than 1,500 asylum requests were filed by unaccompanied minors. They added up to only 4 percent of all asylum applications nationally during that time. But minors' requests did more than double in less than a year. By the end of June, about 2,180 cases -- including Maria's, in Anaheim -- were pending resolution nationwide, according to data provided by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cfigure id=\"attachment_10342961\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342961\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg\" alt=\"The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\" width=\"400\" height=\"283\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-400x283.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart-800x567.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/NationalitiesChart.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The number of unaccompanied minors from El Salvador, Guatemala and Honduras has soared since 2013, while fewer are arriving from Mexico. (Courtesy Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>During the first nine months of the 2014 fiscal year, 65 percent of kids interviewed by asylum officers were granted refuge -- a rate criticized as excessive in a widely covered \u003ca href=\"http://judiciary.house.gov/index.cfm/press-releases?ID=D9573AEB-21E9-453A-BE8D-AF01A482E9B7\" target=\"_blank\">press release\u003c/a> issued in July by House of Representatives Judiciary Committee Chairman Bob Goodlatte, a Virginia Republican who opposes federal expenditures on counsel for unaccompanied minors. He declined to comment further.\u003c/p>\n\u003cp>Goodlatte's July release alleged that too many kids were being rushed to undeserving asylum status on the basis of \"proven or possible fraud,\" citing an internal report from the Department of Homeland Security.\u003c/p>\n\u003cp>What the release didn't say was that the overall numbers of kids approved during that time frame was modest: just 108 minors.\u003c/p>\n\u003cp>About 60 other cases were sent to immigration judges for what amounts to an appeal. Thirty-eight additional cases were closed for reasons that included failure to appear. Only two of the 108 minors approved were new arrivals who came in during the nine-month time frame; the rest were kids who had arrived earlier.\u003c/p>\n\u003cp>\u003cstrong>U.S. Government Reports on Brutal Gangs\u003c/strong>\u003c/p>\n\u003cp>In that recent nine-month period, some 90 percent of the kids interviewed by asylum officers were represented by counsel. On average, up to now, most minors have taken more than 300 days to file formal application forms. Because kids are kids, and are frightened, lawyers say, it can take weeks, even months, to fully understand what happened to them.\u003c/p>\n\u003cp>Asylum officers attempt to resolve cases within a few months of receiving an application. Kids' lawyers say the process is accelerating now that the Department of Homeland Security, the umbrella agency handling border and immigration matters, has made minors' cases a priority.\u003c/p>\n\u003cp>To help frame minors' stories, lawyers say they routinely submit, with applications, U.S. government reports acknowledging the pervasive, brutal control organized-crime rings now exert in Central America.\u003c/p>\n\u003cp>In 2012, the U.S. Treasury Department designated the notorious MS-13 gang -- which Maria said preyed on her -- as a \"transnational crime organization\" involved in global narcotics smuggling and other crimes. A U.S. State Department report also warned in 2006 that kids as young as 8 were targets for gang recruitment, extortion and retaliation in some countries.\u003c/p>\n\u003cp>Honduras, El Salvador and Guatemala have some of the highest per capita murder rates in the world.\u003c/p>\n\u003cp>A Congressional Research Service paper issued in July took note of a United Nations survey of about 400 Central American minors in U.S. custody in the fall of 2013. About half said they had experienced \"serious harm or threats by organized criminal groups or state actors,\" references to gangs and to corrupt police.\u003c/p>\n\u003cp>But these claims are controversial. San Diego-area GOP Rep. Darrell Issa, chair of the House Committee on Oversight and Government Reform, downplayed the role of gang violence in creating the recent surge among children.\u003c/p>\n\u003cfigure id=\"attachment_10342780\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz.jpg\">\u003cimg class=\"size-thumbnail wp-image-10342780\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg\" alt=\"Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\" width=\"400\" height=\"454\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-400x454.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz-800x908.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2014/10/PatriciaOrtiz.jpg 1440w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Los Angeles attorney Patricia Ortiz, 30, of the Esperanza Immigrant Rights Project, shoulders the lead on dozens of U.S. asylum requests from minors fleeing organized-crime violence in Central America. (Annie Tritt/Center for Public Integrity)\u003c/figcaption>\u003c/figure>\n\u003cp>\"What you're seeing is a flood of illegals coming here prepped to say whatever they need to say to get to stay here because the president of the United States has told them, in no uncertain terms: If they get here, he won't enforce the law,\" Issa said at a June congressional hearing. Reports of \"cheat sheets\" composed by smugglers hired by parents fueled the idea that kids were making stories up.\u003c/p>\n\u003cp>Maria said it was her idea in 2013 to flee El Salvador, not her father's, and she implored him to help her.\u003c/p>\n\u003cp>\"The majority of my friends that have stayed in El Salvador are terrified. Some tolerate beatings; others, threats. Others are in the gangs now. Waiting to see when it's their day to die,\" Maria said, her voice shaking.\u003c/p>\n\u003cp>\"It's a country where no one can even play safely, nor think. Nothing,\" she said. \"The police are dominated by the gangs. You go to complain about a gangster and a little while later, they know about it.\"\u003c/p>\n\u003cp>Lawyers have argued with mixed success that girls who face rape and servitude to notorious criminal bands in Central America constitute a persecuted social group.\u003c/p>\n\u003cp>They've also argued that kids who resist gang recruitment and face brutal retaliation are a social group, along with kids who witness crimes where police are either incapable or too corrupt to protect them from retaliation.\u003c/p>\n\u003cp>Lawyers for Maria at the Esperanza Immigrant Rights Project submitted a legal memo arguing that the teenager is a witness to crime who requires protection because she is vulnerable to retaliation.\u003c/p>\n\u003cp>Patricia Ortiz, Esperanza's managing attorney, is confident that the kids whose cases she's taken are truthful.\u003c/p>\n\u003cp>\"Just because all of them are telling similar stories does not mean that they are lying,\" she said. \"It just means that they're living in a country where they are not safe, and they're in a country where they can't walk out into the street without being afraid of being murdered or hurt or facing some kind of harm.\"\u003c/p>\n\u003cp>Former asylum officer Manny said officers are trained to spot stories that raise suspicions. They receive bulletins if details in multiple applicants' stories seem oddly similar.\u003c/p>\n\u003cp>\"What to look for,\" he said of children, \"is basically the consistency of their testimony, whether they seem like they believe it or whether they seem to be speaking vicariously through someone else.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.publicintegrity.org/2014/10/08/15861/life-and-death-struggle-asylum-america\" target=\"_blank\">Read the rest of the story\u003c/a> on The Center for Public Integrity's website.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Twitter Sues Feds for Right to Disclose Surveillance Data ",
"title": "Twitter Sues Feds for Right to Disclose Surveillance Data ",
"headTitle": "State of Surveillance | News Fix | KQED News",
"content": "\u003cp>Twitter is suing the FBI and the Department of Justice to be able to release more information about government surveillance of its users.\u003c/p>\n\u003cp>The social media company filed a lawsuit Tuesday in U.S. District Court in San Francisco (\u003ca href=\"#twittersuit\">embedded below\u003c/a>) seeking permission to publish its full \"transparency report,\" which documents government requests for user information. Twitter Inc. published a surveillance report in July but couldn't include the exact number of national security requests it received because Internet companies are prohibited from disclosing that information, even if they didn't get any requests.\u003c/p>\n\u003cp>The San Francisco-based company said in a blog post that it believes it's entitled under the First Amendment to \"respond to our users' concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance.\"\u003c/p>\n\u003cp>The U.S. government has been able to access phone networks and high-speed Internet traffic for years to catch suspected criminals and terrorists. The FBI also started pushing technology companies like Google, Skype and others to guarantee access to their data streams and grab emails, video chats, pictures and more. It recently emerged that \u003ca href=\"http://www.washingtonpost.com/business/technology/us-threatened-massive-fine-to-force-yahoo-to-release-data/2014/09/11/38a7f69e-39e8-11e4-9c9f-ebb47272e40e_story.html\" target=\"_blank\">Yahoo was threatened with a daily fine of $250,000\u003c/a> by the U.S. government if it didn't comply with demands to give up information on its users. A secret 2007 lawsuit and subsequent appeal was ultimately unsuccessful, the company said last month after a federal judge ordered some material about the court challenge to be unsealed.\u003c/p>\n\u003cp>Technology companies say they turn over information only if required by court order, and in the interest of transparency with their customers, want to share information about the government's activities.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters ('NSLs') and Foreign Intelligence Surveillance Act ('FISA') court orders received -- even if that number is zero,\" Ben Lee, Twitter's vice president of legal, wrote \u003ca href=\"https://blog.twitter.com/2014/taking-the-fight-for-transparency-to-court\" target=\"_blank\">in a blog post\u003c/a>.\u003c/p>\n\u003cp>In January, the Justice Department and five leading Internet companies, including Google, Facebook, Yahoo and LinkedIn, agreed to a compromise that would allow the firms to reveal how often they are ordered to turn over information about their customers in national security investigations.\u003c/p>\n\u003cp>DOJ spokeswoman Emily Pierce said in an email Tuesday that the agency worked collaboratively with those companies \"to allow them to provide broad information on government requests while also protecting national security.\" The FBI referred requests for comment to the Justice Department's response.\u003c/p>\n\u003cp>But Twitter's lawsuit pushes further -- for example, it wants to be able to disclose what types of information the government did or didn't ask for.\u003c/p>\n\u003cp>\"We hope that other technology companies will now follow Twitter's lead,\" said Jameel Jaffer, deputy legal director of the American Civil Liberties Union, in a statement. \"Technology companies have an obligation to protect their customers' sensitive information against overbroad government surveillance, and to be candid with their customers about how their information is being used and shared.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"twittersuit\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/242228387/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_53693\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Twitter is suing the FBI and the Department of Justice to be able to release more information about government surveillance of its users.\u003c/p>\n\u003cp>The social media company filed a lawsuit Tuesday in U.S. District Court in San Francisco (\u003ca href=\"#twittersuit\">embedded below\u003c/a>) seeking permission to publish its full \"transparency report,\" which documents government requests for user information. Twitter Inc. published a surveillance report in July but couldn't include the exact number of national security requests it received because Internet companies are prohibited from disclosing that information, even if they didn't get any requests.\u003c/p>\n\u003cp>The San Francisco-based company said in a blog post that it believes it's entitled under the First Amendment to \"respond to our users' concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance.\"\u003c/p>\n\u003cp>The U.S. government has been able to access phone networks and high-speed Internet traffic for years to catch suspected criminals and terrorists. The FBI also started pushing technology companies like Google, Skype and others to guarantee access to their data streams and grab emails, video chats, pictures and more. It recently emerged that \u003ca href=\"http://www.washingtonpost.com/business/technology/us-threatened-massive-fine-to-force-yahoo-to-release-data/2014/09/11/38a7f69e-39e8-11e4-9c9f-ebb47272e40e_story.html\" target=\"_blank\">Yahoo was threatened with a daily fine of $250,000\u003c/a> by the U.S. government if it didn't comply with demands to give up information on its users. A secret 2007 lawsuit and subsequent appeal was ultimately unsuccessful, the company said last month after a federal judge ordered some material about the court challenge to be unsealed.\u003c/p>\n\u003cp>Technology companies say they turn over information only if required by court order, and in the interest of transparency with their customers, want to share information about the government's activities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters ('NSLs') and Foreign Intelligence Surveillance Act ('FISA') court orders received -- even if that number is zero,\" Ben Lee, Twitter's vice president of legal, wrote \u003ca href=\"https://blog.twitter.com/2014/taking-the-fight-for-transparency-to-court\" target=\"_blank\">in a blog post\u003c/a>.\u003c/p>\n\u003cp>In January, the Justice Department and five leading Internet companies, including Google, Facebook, Yahoo and LinkedIn, agreed to a compromise that would allow the firms to reveal how often they are ordered to turn over information about their customers in national security investigations.\u003c/p>\n\u003cp>DOJ spokeswoman Emily Pierce said in an email Tuesday that the agency worked collaboratively with those companies \"to allow them to provide broad information on government requests while also protecting national security.\" The FBI referred requests for comment to the Justice Department's response.\u003c/p>\n\u003cp>But Twitter's lawsuit pushes further -- for example, it wants to be able to disclose what types of information the government did or didn't ask for.\u003c/p>\n\u003cp>\"We hope that other technology companies will now follow Twitter's lead,\" said Jameel Jaffer, deputy legal director of the American Civil Liberties Union, in a statement. \"Technology companies have an obligation to protect their customers' sensitive information against overbroad government surveillance, and to be candid with their customers about how their information is being used and shared.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"twittersuit\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/242228387/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_53693\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Jahi McMath Update: Lawyer Shows Video of Stricken Teenager ",
"title": "Jahi McMath Update: Lawyer Shows Video of Stricken Teenager ",
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"content": "\u003cp>\u003cstrong>Update, 9:05 a.m. Friday:\u003c/strong> The lawyer representing Jahi McMath and her family invited reporters to his Market Street office on Thursday. The purpose: to see some of the evidence attorney Christopher Dolan says proves \"irrefutably\" that the Oakland teenager, declared dead last year because doctors said all brain function had ceased, is not in fact brain dead. \u003c/p>\n\u003cp>Here's how the Oakland Tribune's David DeBolt \u003ca href=\"http://www.insidebayarea.com/breaking-news/ci_26651742/jahi-mcmath-attorney-shows-video-he-says-proves\" target=\"_blank\">describes Dolan's presentation\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Two brief videos, shown on TV screens at Dolan's Market Street office, were filmed within the past month with family, Dolan and neurologists looking on, Dolan said. He insisted they were not doctored in any way and didn't allow reporters or photographers to videotape the event. ...\u003c/p>\n\u003cp>... In the first video Dolan showed Thursday, Jahi, who has been on various machines giving her nutrients and oxygen since December, is shown on a hospital bed with signs posted one wall. Her toenails are painted. Except for her head and feet, she is covered in blankets. Her mother, Nailah Winkfield, is at her side and asks Jahi to move her foot.\u003c/p>\n\u003cp>\"Kick your foot Jahi,\" Winkfield said. \"Move your foot. Come on, Jahi, we are watching. I see you wiggling your toes. Come on, Jahi you can do it. Try your hardest. I see you move your toes.\"\u003c/p>\n\u003cp>About 40 seconds later, her right foot twists upward.\u003c/p>\n\u003cp>\"Very good Jahi. I'm proud of you,\" her mother can be heard saying.\u003c/p>\n\u003cp>In a second video, Jahi's hand moves four seconds after her mother asks her to move it and then it moves for a second time after Winkfield asks her to move it harder. Then the camera zooms out to show Winkfield standing by Jahi, whose eyes are closed. The video is about 40 seconds long.\u003c/p>\u003c/blockquote>\n\u003cp>And here's an account \u003ca href=\"http://www.sfgate.com/bayarea/article/Videos-show-Mom-coaxing-Jahi-McMath-moving-5797622.php\" target=\"_blank\">from the San Francisco Chronicle's Matier and Ross\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Dolan, on a speaker phone with Philip DeFina, chairman and CEO of the International Brain Research Foundation in New Jersey, said researchers had conducted brain imaging and other tests on Jahi at Rutgers University with the assistance of medical school neurologist Charles Prestigiacomo and found she had measurable brain activity.\u003c/p>\n\u003cp>“If the brain is dead, there is no electrical activity,” DeFina said.\u003c/p>\n\u003cp>Stanford bioethics Professor David McManus, who has not seen the video showing Jahi’s movements or DeFina’s findings, disputed the validity of any test that wasn’t an independent clinical exam conducted by a qualified neurologist.\u003c/p>\n\u003cp>“I haven’t seen any signs or evidence that they have had such an evaluation,” he said. “The rest is smoke and mirrors.”\u003c/p>\n\u003cp>McManus added, “Patients (found brain dead) don’t recover — it’s irreversible. That would be groundbreaking, and a dramatic finding that would be problematic for the entire neurological community.’’\u003c/p>\u003c/blockquote>\n\u003cp>McManus's note of caution -- or is it skepticism? -- is echoed by an expert quoted Friday by the Associated Press:\u003c/p>\n\u003cblockquote>\u003cp>Arthur Caplan, head of medical ethics at New York University's Langone Medical Center, said he knows of no cases of a brain-death determination being reversed. He cautioned that the data collected on Jahi has to be examined by other researchers and experts in the field before any conclusions can be made.\u003c/p>\n\u003cp>\"Were this to be true, it would be an earth-shattering development in understanding death,\" Caplan said. \"They're playing a high-stakes game.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post (Thursday):\u003c/strong> Jahi McMath, the Oakland teenager who has been kept on mechanical support since being declared brain-dead last year, is back in the news. The lawyer representing her family has filed a petition with an Oakland judge claiming he has \"irrefutable evidence that Jahi is no longer brain-dead\" and demanding the judge reverse his finding that she's deceased.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Alameda County Superior Court Judge Evelio Grillo issued his finding last December after doctors at UCSF Benioff Children's Hospital Oakland and a court-appointed neurologist all found that the girl was brain-dead. McMath had undergone surgery to correct obstructive sleep apnea and suffered hemorrhaging that interrupted the flow of oxygen to her brain.\u003c/p>\n\u003cp>McMath's family went to court to stop Children's Hospital from removing the teenager from a ventilator. Although Grillo had declared McMath dead, the family was allowed to remove her from the hospital. She has been in \u003ca href=\"http://www.mercurynews.com/science/ci_25992852/jahi-mcmath-being-kept-alive-at-new-jersey?source=pkg\" target=\"_blank\">a New Jersey hospital since then\u003c/a> and the subject of periodic reports from her family that she has shown signs of life.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In his petition filed earlier this week (\u003ca href=\"#jahimcmathfilings\">embedded below\u003c/a>), McMath family attorney Christopher Dolan argued that McMath no longer meets the definition of brain death \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=07001-08000&file=7180\" target=\"_blank\">under California law\u003c/a> -- \"irreversible cessation of all functions of the entire brain,\u003cbr>\nincluding the brain stem.\"\u003c/p>\n\u003cblockquote>\u003cp>Petitioner is in possession of current evidence, including MRI evidence of the integrity of the brain structure, electrical activity in her brain as demonstrated by EEG, the onset of menarche (her entering into puberty as evidenced by the beginning of menstruation) and response to audible commands, given by both her mother and an attending physician, demonstrating that Jahi McMath's brain death was not irreversible.\u003c/p>\u003c/blockquote>\n\u003cp>Dolan also offers an explanation for why the court-appointed neurologist, Dr. Paul Graham Fisher of Stanford, determined the girl was brain-dead. The lawyer suggests that McMath \"demonstrated evidence of brain death due to the swelling of her brain following the traumatic events that led to her suffering a loss of oxygen to her brain.\"\u003c/p>\n\u003cp>Dolan argues that the court has both the jurisdiction and responsibility to reverse its death declaration.\u003c/p>\n\u003cp>A brief from UCSF Benioff Children's Hospital Oakland doesn't address Dolan's purported medical evidence but argues that the court's final judgment in the case \"is not subject to reversal, review, reconsideration re-opening or collateral attack.\" Grillo has scheduled a hearing on Dolan's petition for next Thursday, Oct. 9.\u003c/p>\n\u003cp>The Oakland Tribune's David DeBolt and Kristin J. Bender produced \u003ca href=\"http://www.insidebayarea.com/news/ci_26644996/jahi-mcmath-family-seeks-have-brain-death-ruling\" target=\"_blank\">an excellent report on the case\u003c/a> Thursday. Dolan and medical experts agree on one thing: the situation he's describing is unprecedented:\u003c/p>\n\u003cblockquote>\u003cp>\"It's the only case of its kind ever,\" Dolan said by phone Wednesday. \"Jahi is 'Patient 1.' This is a real person we are talking about, a live person who feels pain. She isn't suffering.\" ...\u003c/p>\n\u003cp>... Arthur Caplan, director of the division of medical ethics at New York University's School of Medicine, said any recovery from brain death would be a first and in this case \"miraculous since she was declared dead three times.\"\u003c/p>\n\u003cp>\"This would force us to re-examine the whole nature of death in America,\" Caplan said. \"But I don't believe it.\"\u003c/p>\n\u003cp>Dolan said his experts who have evaluated Jahi and will testify in court are \"certified neurologists, pediatric neurologists and a prominent world expert on brain death.\" He wouldn't name the experts and they aren't named in court papers, though Dolan said he plans to file the experts' declarations in court Friday.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca id=\"jahimcmathfilings\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe id=\"doc_57258\" class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/241735750/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 9:05 a.m. Friday:\u003c/strong> The lawyer representing Jahi McMath and her family invited reporters to his Market Street office on Thursday. The purpose: to see some of the evidence attorney Christopher Dolan says proves \"irrefutably\" that the Oakland teenager, declared dead last year because doctors said all brain function had ceased, is not in fact brain dead. \u003c/p>\n\u003cp>Here's how the Oakland Tribune's David DeBolt \u003ca href=\"http://www.insidebayarea.com/breaking-news/ci_26651742/jahi-mcmath-attorney-shows-video-he-says-proves\" target=\"_blank\">describes Dolan's presentation\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Two brief videos, shown on TV screens at Dolan's Market Street office, were filmed within the past month with family, Dolan and neurologists looking on, Dolan said. He insisted they were not doctored in any way and didn't allow reporters or photographers to videotape the event. ...\u003c/p>\n\u003cp>... In the first video Dolan showed Thursday, Jahi, who has been on various machines giving her nutrients and oxygen since December, is shown on a hospital bed with signs posted one wall. Her toenails are painted. Except for her head and feet, she is covered in blankets. Her mother, Nailah Winkfield, is at her side and asks Jahi to move her foot.\u003c/p>\n\u003cp>\"Kick your foot Jahi,\" Winkfield said. \"Move your foot. Come on, Jahi, we are watching. I see you wiggling your toes. Come on, Jahi you can do it. Try your hardest. I see you move your toes.\"\u003c/p>\n\u003cp>About 40 seconds later, her right foot twists upward.\u003c/p>\n\u003cp>\"Very good Jahi. I'm proud of you,\" her mother can be heard saying.\u003c/p>\n\u003cp>In a second video, Jahi's hand moves four seconds after her mother asks her to move it and then it moves for a second time after Winkfield asks her to move it harder. Then the camera zooms out to show Winkfield standing by Jahi, whose eyes are closed. The video is about 40 seconds long.\u003c/p>\u003c/blockquote>\n\u003cp>And here's an account \u003ca href=\"http://www.sfgate.com/bayarea/article/Videos-show-Mom-coaxing-Jahi-McMath-moving-5797622.php\" target=\"_blank\">from the San Francisco Chronicle's Matier and Ross\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>Dolan, on a speaker phone with Philip DeFina, chairman and CEO of the International Brain Research Foundation in New Jersey, said researchers had conducted brain imaging and other tests on Jahi at Rutgers University with the assistance of medical school neurologist Charles Prestigiacomo and found she had measurable brain activity.\u003c/p>\n\u003cp>“If the brain is dead, there is no electrical activity,” DeFina said.\u003c/p>\n\u003cp>Stanford bioethics Professor David McManus, who has not seen the video showing Jahi’s movements or DeFina’s findings, disputed the validity of any test that wasn’t an independent clinical exam conducted by a qualified neurologist.\u003c/p>\n\u003cp>“I haven’t seen any signs or evidence that they have had such an evaluation,” he said. “The rest is smoke and mirrors.”\u003c/p>\n\u003cp>McManus added, “Patients (found brain dead) don’t recover — it’s irreversible. That would be groundbreaking, and a dramatic finding that would be problematic for the entire neurological community.’’\u003c/p>\u003c/blockquote>\n\u003cp>McManus's note of caution -- or is it skepticism? -- is echoed by an expert quoted Friday by the Associated Press:\u003c/p>\n\u003cblockquote>\u003cp>Arthur Caplan, head of medical ethics at New York University's Langone Medical Center, said he knows of no cases of a brain-death determination being reversed. He cautioned that the data collected on Jahi has to be examined by other researchers and experts in the field before any conclusions can be made.\u003c/p>\n\u003cp>\"Were this to be true, it would be an earth-shattering development in understanding death,\" Caplan said. \"They're playing a high-stakes game.\"\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post (Thursday):\u003c/strong> Jahi McMath, the Oakland teenager who has been kept on mechanical support since being declared brain-dead last year, is back in the news. The lawyer representing her family has filed a petition with an Oakland judge claiming he has \"irrefutable evidence that Jahi is no longer brain-dead\" and demanding the judge reverse his finding that she's deceased.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Alameda County Superior Court Judge Evelio Grillo issued his finding last December after doctors at UCSF Benioff Children's Hospital Oakland and a court-appointed neurologist all found that the girl was brain-dead. McMath had undergone surgery to correct obstructive sleep apnea and suffered hemorrhaging that interrupted the flow of oxygen to her brain.\u003c/p>\n\u003cp>McMath's family went to court to stop Children's Hospital from removing the teenager from a ventilator. Although Grillo had declared McMath dead, the family was allowed to remove her from the hospital. She has been in \u003ca href=\"http://www.mercurynews.com/science/ci_25992852/jahi-mcmath-being-kept-alive-at-new-jersey?source=pkg\" target=\"_blank\">a New Jersey hospital since then\u003c/a> and the subject of periodic reports from her family that she has shown signs of life.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>In his petition filed earlier this week (\u003ca href=\"#jahimcmathfilings\">embedded below\u003c/a>), McMath family attorney Christopher Dolan argued that McMath no longer meets the definition of brain death \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=07001-08000&file=7180\" target=\"_blank\">under California law\u003c/a> -- \"irreversible cessation of all functions of the entire brain,\u003cbr>\nincluding the brain stem.\"\u003c/p>\n\u003cblockquote>\u003cp>Petitioner is in possession of current evidence, including MRI evidence of the integrity of the brain structure, electrical activity in her brain as demonstrated by EEG, the onset of menarche (her entering into puberty as evidenced by the beginning of menstruation) and response to audible commands, given by both her mother and an attending physician, demonstrating that Jahi McMath's brain death was not irreversible.\u003c/p>\u003c/blockquote>\n\u003cp>Dolan also offers an explanation for why the court-appointed neurologist, Dr. Paul Graham Fisher of Stanford, determined the girl was brain-dead. The lawyer suggests that McMath \"demonstrated evidence of brain death due to the swelling of her brain following the traumatic events that led to her suffering a loss of oxygen to her brain.\"\u003c/p>\n\u003cp>Dolan argues that the court has both the jurisdiction and responsibility to reverse its death declaration.\u003c/p>\n\u003cp>A brief from UCSF Benioff Children's Hospital Oakland doesn't address Dolan's purported medical evidence but argues that the court's final judgment in the case \"is not subject to reversal, review, reconsideration re-opening or collateral attack.\" Grillo has scheduled a hearing on Dolan's petition for next Thursday, Oct. 9.\u003c/p>\n\u003cp>The Oakland Tribune's David DeBolt and Kristin J. Bender produced \u003ca href=\"http://www.insidebayarea.com/news/ci_26644996/jahi-mcmath-family-seeks-have-brain-death-ruling\" target=\"_blank\">an excellent report on the case\u003c/a> Thursday. Dolan and medical experts agree on one thing: the situation he's describing is unprecedented:\u003c/p>\n\u003cblockquote>\u003cp>\"It's the only case of its kind ever,\" Dolan said by phone Wednesday. \"Jahi is 'Patient 1.' This is a real person we are talking about, a live person who feels pain. She isn't suffering.\" ...\u003c/p>\n\u003cp>... Arthur Caplan, director of the division of medical ethics at New York University's School of Medicine, said any recovery from brain death would be a first and in this case \"miraculous since she was declared dead three times.\"\u003c/p>\n\u003cp>\"This would force us to re-examine the whole nature of death in America,\" Caplan said. \"But I don't believe it.\"\u003c/p>\n\u003cp>Dolan said his experts who have evaluated Jahi and will testify in court are \"certified neurologists, pediatric neurologists and a prominent world expert on brain death.\" He wouldn't name the experts and they aren't named in court papers, though Dolan said he plans to file the experts' declarations in court Friday.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca id=\"jahimcmathfilings\">\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe id=\"doc_57258\" class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/241735750/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003cbr>\n\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "half-of-those-killed-by-san-francisco-police-are-mentally-ill",
"title": "More Than Half of Those Killed by San Francisco Police Are Mentally Ill",
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"headTitle": "More Than Half of Those Killed by San Francisco Police Are Mentally Ill | KQED",
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"content": "\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/170360914&color=ff5500&inverse=false&auto_play=false&show_user=true\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Often it starts with a call for help. A family member, a caretaker or even a stranger dials 911 seeking paramedics to treat someone in a psychiatric crisis. But when there’s a threat of violence, the first responders are usually police, and what started as a call for help can quickly turn deadly for a person with a treatable illness.\u003c/p>\n\u003cp>That’s what happened when Christine Goias called 911 seeking help for her son, 34-year-old Errol Chang, who was in the midst of a schizophrenic breakdown at his father’s Pacifica home in March.\u003c/p>\n\u003cp>“He has paranoia and he’s thinking people are wanting to assassinate him, and now he doesn’t trust anyone,” Goias \u003ca href=\"http://www.mercurynews.com/News/ci_25883634/San-Mateo-County-DA:-Officers-justified\" target=\"_blank\" rel=\"noopener\">told the dispatcher\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">A KQED review of San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent of people killed by police had a mental illness that was a contributing factor in the incident.\u003c/aside>\n\u003cp>She said her son wouldn’t go with them in the car and, in response to a question, said that he had a “little ax” in his pocket. “I hoped that they would be able to come and help us to take him to the hospital,” Goias said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Errol’s brother, Matt Chang, said that when police arrived he was with Errol in the backyard, trying to calm him down. Responding officers from Pacifica were trained in crisis intervention, according to San Mateo District Attorney Steve Wagstaffe’s \u003ca href=\"http://www.scribd.com/doc/241406747/San-Mateo-DA-Review-of-Errol-Chang-Shooting-5-30-2014\" target=\"_blank\" rel=\"noopener\">review of the incident\u003c/a>.\u003c/p>\n\u003cp>Matt Chang said police told his brother they were there to help, and his brother responded that he didn’t want their help.\u003c/p>\n\u003cp>A series of escalations led Chang to barricade himself inside the house. The \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_25378394/pacifica-man-shot-by-police-hours-after-release\" target=\"_blank\" rel=\"noopener\">Daly City SWAT team arrived\u003c/a> with assault rifles and an armored car.\u003c/p>\n\u003cp>According to the DA review, police were worried Chang might find a .22-caliber rifle and ammunition hidden separately in the house. The SWAT team held their assault rifles trained on the house and took cover behind the armored car.\u003c/p>\n\u003caside class=\"left\">\n\u003ch3>\u003ca href=\"#data\">Search database of police killings\u003c/a>\u003c/h3>\n\u003cp>\u003ca href=\"#data\">\u003cimg decoding=\"async\" src=\"http://u.s.kqed.net/2014/09/30/ScreenShot20140930at9.png\" alt=\"\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Over a loudspeaker, \u003ca href=\"https://www.youtube.com/watch?v=0sEWGwXHMh0\" target=\"_blank\" rel=\"noopener\">an officer droned a repeated message\u003c/a> for Chang to come outside. No response. Police threw flash-bang grenades into the house trying to scare Chang outside and, at one point, threw a phone through the window, but Chang didn’t answer it.\u003c/p>\n\u003cp>“People with schizophrenia, they’re afraid people are trying to hurt them, which is why my brother was armed,” Matt Chang said. “They need to feel safe. Holding 20 AR-15s at this person, with a tank and all the stuff, and then throwing flash grenades, it doesn’t make them feel safe.”\u003c/p>\n\u003cp>More than six hours after Goias called 911, Daly City SWAT officers breached the house. Chang had built a barricade in the hallway. Two officers climbed over a mattress and furniture and ran into Chang, who was now holding a knife and stabbed an officer in the arm.\u003c/p>\n\u003cp>The SWAT officers shot Chang eight times in the chest, killing him.\u003c/p>\n\u003cp>The DA review found the shooting was legally justified, and commended the two officers involved in the shooting for their attempts to avoid that outcome.\u003c/p>\n\u003cp>\u003cstrong>And, Again\u003c/strong>\u003c/p>\n\u003cp>Less than three months after Errol Chang was killed, 18-year-old Yanira Serrano-Garcia was shot and killed by a San Mateo sheriff’s deputy in Half Moon Bay, 14 miles south of Pacifica.\u003c/p>\n\u003cfigure id=\"attachment_149035\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149035 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg\" alt=\"Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\" width=\"640\" height=\"435\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-1028x699.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Serrano-Garcia’s brother called seeking medical help. His sister was refusing to take medication prescribed for schizophrenia and was arguing with her parents.\u003c/p>\n\u003cp>But before sheriff’s Deputy Menh Trieu arrived at the family home, Serrano-Garcia took her medication and had calmed down, according to her brother’s \u003ca href=\"https://soundcloud.com/kqed/yanira-serrano-garcia-911-call-audio-june-3-2014\" target=\"_blank\" rel=\"noopener\">statements to the dispatcher\u003c/a>.\u003c/p>\n\u003cp>According to the \u003ca href=\"http://www.scribd.com/doc/239226401/San-Mateo-District-Attorney-2014-08-18-OIS-Letter-Sheriff-Munks\" target=\"_blank\" rel=\"noopener\">San Mateo DA’s review\u003c/a> of the shooting, when the deputy arrived, Serrano-Garcia burst off the porch and chased him with a kitchen knife. He fired a single shot into her torso, killing her.\u003c/p>\n\u003cp>“They not only killed Yanira, they killed the entire family,” Serrano-Garcia’s mother, Carmen Garcia, told reporters in Spanish, at a press conference announcing \u003ca href=\"http://ww2.kqed.org/news/2014/9/10/lawsuit-police-shooting-half-moon-bay/\" target=\"_blank\" rel=\"noopener\">a civil rights lawsuit\u003c/a> against San Mateo County and Trieu. “The goal is to prevent any other family from suffering this kind of pain.”\u003c/p>\n\u003cp>The DA review found the shooting was \u003ca href=\"http://www.sfgate.com/crime/article/DA-Police-shooting-near-Half-Moon-Bay-justified-5695981.php\" target=\"_blank\" rel=\"noopener\">legally justified.\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>By The Numbers\u003c/strong>\u003c/p>\n\u003cp>Shootings like these have recently gained national attention. The fatal shooting in March of a man with a history of mental illness in Albuquerque, New Mexico, led to explosive street protests and preceded the U.S. Department of Justice’s \u003ca href=\"http://www.justice.gov/crt/about/spl/documents/apd_findings_4-10-14.pdf\" target=\"_blank\" rel=\"noopener\">findings\u003c/a> that the city’s police department was too quick to use force on mentally ill people.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-149036 size-full\" style=\"margin-right: 20px;margin-top: 16px\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/CITcharts.png\" alt=\"CITcharts\" width=\"286\" height=\"484\">\u003c/p>\n\u003cp>A 2013 \u003ca href=\"http://tacreports.org/storage/documents/2013-justifiable-homicides.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> by the Treatment Advocacy Center and National Sheriffs’ Association estimates half of the people shot and killed by police in the U.S. “have mental health problems,” and as many as one-third of officer-involved shootings are attempted “suicides-by-cop.”\u003c/p>\n\u003cp>According to a media review, this year in the Bay Area there have been at least seven fatal police shootings of people in psychiatric crisis.\u003c/p>\n\u003cp>Additionally, a KQED review of 51 San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent — or 11 people — of the 19 individuals killed by police had a mental illness that was a contributing factor in the incident.\u003c/p>\n\u003cp>There are common elements in many of these instances when a fragile situation turns life-threatening for a person in crisis: That person often has a weapon, police issue commands, the person becomes more agitated, police respond with force.\u003c/p>\n\u003cp>That very police response, however, is the subject of a civil rights lawsuit stemming from a non-fatal shooting by SFPD in 2008. The outcome of the case could expand the rights of the mentally ill in confrontations with police.\u003c/p>\n\u003cp>\u003cstrong>The Mission District Case\u003c/strong>\u003c/p>\n\u003cp>It seemed obvious from her behavior in August 2008 that Teresa Sheehan hadn’t been taking her medication. She had been wearing the same clothes for a week and had stopped eating, according to comments a social worker gave to police.\u003c/p>\n\u003cp>Sheehan’s own \u003ca href=\"http://www.scribd.com/doc/241408998/Teresa-Sheehan-Complaint\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> says she had stopped showing up for house meetings at the Mission District co-op for people with mental illness, where she lived.\u003c/p>\n\u003cp>According to a \u003ca href=\"http://www.scribd.com/doc/241410111/SFPD-Report-on-Sheehan-OIS-12-8-2009\" target=\"_blank\" rel=\"noopener\">report\u003c/a> to the city’s police commission, when the social worker entered Sheehan’s room one morning to check on her, she threatened to stab him.\u003c/p>\n\u003cp>The report says when police arrived, she threatened them, too. They withdrew into the hallway, and she locked herself in her room.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/169983711″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>Officers then prepared to re-enter her room by force, the report says. They drew their guns. They broke in her door. Sheehan had the knife over her head, and she began advancing toward them.\u003c/p>\n\u003cp>According to the police report, when Sheehan was about 3 feet away, Officer Katherine Holder shot her. Sgt. Kimberly Reynolds shot her. Sheehan then fell down, says the lawsuit, or she lunged, says the police report. Reynolds shot her again.\u003c/p>\n\u003cp>Sheehan survived and was charged with multiple counts of assault. A jury cleared her. She filed a federal civil rights suit alleging violations of the Constitution and the Americans with Disabilities Act.\u003c/p>\n\u003cp>Here’s the question before the court: If police know they are dealing with a person with mental illness, and they use confrontational tactics that can agitate the person, are they violating the Americans with Disabilities Act?\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\" rel=\"noopener\">ruled\u003c/a> that the ADA applies to police conduct when arresting people with mental illness. That ruling was appealed to the U.S. Supreme Court, which has not decided whether it will hear the case.\u003c/p>\n\u003cp>If the 9th Circuit’s ruling stands, it could require police departments to provide specialized training to officers in how to interact with people with mental illness, said Ben Nisenbaum, Sheehan’s attorney.\u003c/p>\n\u003cp>“You’ve got to be trained in how to deal with people who suffer mental disabilities,” he said. “It’s not something that’s kind of optional.”\u003c/p>\n\u003cp>The state of California doesn’t require police to have special training in responding to psychiatric crises. Even so, most large Bay Area police departments have adopted a model aimed at reducing fatalities and diverting people with mental illness away from the criminal justice system and into treatment. It’s called a \u003ca href=\"http://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_4_11_13/PUBLIC%20PROTECTION/Regular%20Calendar/Overview_CIT.pdf\" target=\"_blank\" rel=\"noopener\">Crisis Intervention Team\u003c/a>, or CIT.\u003c/p>\n\u003cp>\u003cstrong>Crisis Intervention Team\u003c/strong>\u003c/p>\n\u003cp>The Oakland Police Department hosts CIT training for all Alameda County law enforcement departments that have CIT programs.\u003c/p>\n\u003cp>At a training earlier this year, Oakland police Officer Doria Neff, the department’s CIT coordinator, didn’t waste time introducing the goals of the course to a room full of cops, deputies and probation officers.\u003c/p>\n\u003cfigure id=\"attachment_149041\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149041\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg\" alt=\"Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\" width=\"400\" height=\"333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-1028x855.jpg 1028w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cfigcaption class=\"wp-caption-text\">Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“Am I going to ask you to become a social worker? Absolutely not — that’s not our role,” she said. “Do I ask that you open your eyes a little bit and be a little bit more empathetic to folks with mental health challenges? Yes.”\u003c/p>\n\u003cp>At the police academy, officers get six hours on people with disabilities. Neff told the class CIT training is like that, on steroids. For the rest of the week, officers got a crash course in psychological disorders, psychiatric medication, street drugs and de-escalation.\u003c/p>\n\u003cp>Officer Jeff Shannon, Berkeley Police Department’s CIT coordinator, teaches that part of the class.\u003c/p>\n\u003cp>“De-escalation is a cornerstone of the training,” he said, “because we know the vast majority of police interactions can be managed without the use of physical force.”\u003c/p>\n\u003cp>Shannon is also a licensed therapist who spent 15 years working with people in crisis in the community mental health system before becoming a police officer. He didn’t learn about CIT until after becoming an cop. He wrote the proposal for Berkeley to adopt the program, which they did in 2011 when Oakland hosted its first class.\u003c/p>\n\u003cp>“The way that we ask officers to calm people down is to be a calming force themselves,” Shannon said. “That starts with the tone and inflection of your voice and your nonverbal behavior.”\u003c/p>\n\u003cp>Officers in CIT class learn that nonverbal cues — like speaking in a soft voice, slowing down and resting a hand at one’s side instead of on one’s gun — are likely more important that what they’re saying. The reason has to do with the hierarchy of the human brain.\u003c/p>\n\u003cp>Berkeley clinical psychologist Mitch Radin teaches that, in a crisis, the more evolved, cognitive parts of the brain get overruled by the more primitive amygdala, which is responsible for emotional reactions.\u003c/p>\n\u003cp>“You can only hope for agreement, not understanding,” Radin said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.” \u003ccite>Mitch Radin, Berkeley psychologist \u003c/cite>\u003c/aside>\n\u003cp>Radin asked the class why police officers generally dislike responding to mental health calls. The answers varied: “They’re unpredictable.” “What’s the point? They’re going to be out before I finish the paperwork.” “The frustration is with the lack of resources to give them what they need.”\u003c/p>\n\u003cp>That last response rings true for Radin.\u003c/p>\n\u003cp>“The mental health system in America is distressing,” he said during a class break, and after a sigh of frustration. “I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.”\u003c/p>\n\u003cp>Few departments, if any, track how often officers respond to mental health crises. But, anecdotally, officers often report they respond to more 5150 calls every year. That’s shorthand for \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=05001-06000&file=5150-5155\" target=\"_blank\" rel=\"noopener\">California’s Welfare and Institutions Code 5150\u003c/a>, which allows peace officers and some mental health workers to take a person into custody who is a danger to themselves or others due to a mental illness.\u003c/p>\n\u003cp>Shannon says he has responded to hundreds of these calls.\u003c/p>\n\u003cp>“If I’m on a 10-hour patrol shift, there’s a good chance I’m going to place someone on a 5150 hold,” he said, “and sometimes it’s just call after call that seems to be someone in a psychiatric emergency.”\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/170354468″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>Crisis Intervention Training has been around since 1988, when it was developed in Memphis, Tennessee, after an officer-involved shooting of a man with mental illness.\u003c/p>\n\u003cp>The goal of the \u003ca href=\"http://cit.memphis.edu/pdf/CoreElements.pdf\" target=\"_blank\" rel=\"noopener\">Memphis Model\u003c/a> is to establish a specialized unit of officers with in-depth training in mental illness and in tactics more likely to resolve incidents without injury. CIT also aims to strengthen relationships between police and mental health providers so officers can more easily take people in for treatment instead of to jail.\u003c/p>\n\u003cp>It’s not new, but departments in the Bay Area are just beginning to implement it.\u003c/p>\n\u003cp>\u003cstrong>Slow Uptake at the SFPD\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Police Department adopted the Memphis Model of CIT in 2011, after three years in a row in which every person killed in a police shooting had a mental illness.\u003c/p>\n\u003cp>But it’s clear implementing the program hasn’t been fast or easy.\u003c/p>\n\u003cp>Three and a half years into the program, the department has trained about 18 percent of its patrol officers. Ideally, somewhere between 20 and 25 percent of officers are trained, with the goal of at least one trained officer at each station for each shift.\u003c/p>\n\u003cfigure id=\"attachment_149048\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-149048\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg\" alt=\"SFPD Officer Elizabeth Prillinger is one of the officers who has gone through the training. (Rachael Bale/KQED)\" width=\"640\" height=\"628\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-1028x1009.jpg 1028w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-32x32.jpg 32w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-64x64.jpg 64w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-75x75.jpg 75w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">SFPD Officer Elizabeth Prillinger is one of the San Francisco officers who has gone through CIT training. (Rachael Bale/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Finding the right officers for the training hasn’t been easy, and that’s true anywhere, said Major Sam Cochran, who founded CIT while at the Memphis Police Department.\u003c/p>\n\u003cp>“There are some officers that are not ready to be CIT officers,” said Cochran, who is now at the University of Memphis. “They don’t have the experience. Some officers don’t have the maturity level.”\u003c/p>\n\u003cp>In some cities, like Berkeley, the program is so valued that officers must compete to get in. But as it launched in San Francisco, few officers volunteered, and station chiefs simply had to choose who got sent to training. Cochran says it’s the the role of a police chief to elevate the status of the team so officers want to be a part of it.\u003c/p>\n\u003cp>“That chief needs to make sure that those men and women understand that they have an identity and that they have a role,” Cochran said.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/170355922″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>Cochran’s model calls for CIT to be a specially trained and cohesive team within the department. In an interview with KQED, San Francisco Police Chief Greg Suhr said he’d prefer it not to be a separate team.\u003c/p>\n\u003cp>“Police officers by nature find niches,” Suhr said. “I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.”\u003c/p>\n\u003cp>That’s how SFPD Commander Richard Corriea once felt. He’s the third person to lead SFPD’s Crisis Intervention Team in three years.\u003c/p>\n\u003cp>“I’m a convert on the issue of team,” he said. “I think it inspires officers who are engaged in this. They have a special skill. It makes them feel part of something. And the outcome is better and better service.”\u003c/p>\n\u003cp>A team creates a feedback loop, said Angela Chan, a former police commissioner who spearheaded the program. The unit is supposed to learn from each response. It allows officers perfect their skills, share information with other CIT officers and establish strong relationships with mental health providers.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.” \u003ccite>Greg Suhr, S.F. Police Chief \u003c/cite>\u003c/aside>\n\u003cp>But in the beginning that didn’t happen much, say mental health advocates — not when the role of the team wasn’t fully supported inside the department, and so few officers were trained. Added to that, there was also no official way to dispatch CIT officers to a scene.\u003c/p>\n\u003cp>While the Police Commission resolution called for 911 operator training and CIT dispatch protocols, getting that to happen wasn’t easy.\u003c/p>\n\u003cp>San Francisco operators at 911 are under the Department of Emergency Management, not SFPD, and DEM’s policy is not to make changes to how it dispatches SFPD officers until it gets a directive from the police department itself.\u003c/p>\n\u003cp>“What they’ve explained all along is that they follow the direction of the San Francisco Police Department, and so whenever SFPD is ready, they’re ready,” said Chan.\u003c/p>\n\u003cp>SFPD wasn’t ready for more than three years. In late April 2014, Suhr issued the directive. Now, 911 operators are trained to recognize CIT-appropriate calls and to issue certain radio codes to send a CIT officer to the scene.\u003c/p>\n\u003cp>It’s hard to know whether CIT is helping reduce violent encounters between police and people with mental illness. Data collection — also mandated by the resolution — has taken a back seat as the department worked to catch up on training officers and creating a dispatch policy, which it has done under Corriea’s leadership.\u003c/p>\n\u003cp>Studies from elsewhere indicate CIT shows promise in reducing fatal incidents. One 2008 study published in the journal Psychology Services found CIT officers were less likely to use force, even when facing a threat of violence.\u003c/p>\n\u003cp>An Internal Affairs review shows that in the first three years of the program, three of the seven people killed in San Francisco police shootings had a mental illness. That’s about the national average, which includes departments with and without CIT.\u003c/p>\n\u003cp>Several years down the road, SFPD has now trained a corps of officers and organized dispatch. Corriea is planning the next step: how to get people into services instead of taking them to jail.\u003c/p>\n\u003cp>Still, there are likely numerous Bay Area jurisdictions without CIT. There aren’t numbers for California, but nationwide only about 15 percent of law enforcement agencies have CIT programs. That leaves thousands of people with mental illness in the Bay Area subject to the actions of police who aren’t trained to help them.\u003c/p>\n\u003cp>Part of the information present below comes from this \u003ca href=\"https://www.scribd.com/doc/242229894/San-Francisco-Police-Department-Officer-Involved-Shootings-Summary-2000-2014\" target=\"_blank\" rel=\"noopener\">SFPD Officer-Involved Shooting Memo.\u003c/a>\u003c/p>\n\u003ch1 id=\"data\">\u003c/h1>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[http_redir]\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"http://projects1.kqed.org/daily/cit/cit.html\" width=\"640\" height=\"1500\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n",
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"title": "More Than Half of Those Killed by San Francisco Police Are Mentally Ill | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/170360914&color=ff5500&inverse=false&auto_play=false&show_user=true\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Often it starts with a call for help. A family member, a caretaker or even a stranger dials 911 seeking paramedics to treat someone in a psychiatric crisis. But when there’s a threat of violence, the first responders are usually police, and what started as a call for help can quickly turn deadly for a person with a treatable illness.\u003c/p>\n\u003cp>That’s what happened when Christine Goias called 911 seeking help for her son, 34-year-old Errol Chang, who was in the midst of a schizophrenic breakdown at his father’s Pacifica home in March.\u003c/p>\n\u003cp>“He has paranoia and he’s thinking people are wanting to assassinate him, and now he doesn’t trust anyone,” Goias \u003ca href=\"http://www.mercurynews.com/News/ci_25883634/San-Mateo-County-DA:-Officers-justified\" target=\"_blank\" rel=\"noopener\">told the dispatcher\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignleft\">A KQED review of San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent of people killed by police had a mental illness that was a contributing factor in the incident.\u003c/aside>\n\u003cp>She said her son wouldn’t go with them in the car and, in response to a question, said that he had a “little ax” in his pocket. “I hoped that they would be able to come and help us to take him to the hospital,” Goias said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Errol’s brother, Matt Chang, said that when police arrived he was with Errol in the backyard, trying to calm him down. Responding officers from Pacifica were trained in crisis intervention, according to San Mateo District Attorney Steve Wagstaffe’s \u003ca href=\"http://www.scribd.com/doc/241406747/San-Mateo-DA-Review-of-Errol-Chang-Shooting-5-30-2014\" target=\"_blank\" rel=\"noopener\">review of the incident\u003c/a>.\u003c/p>\n\u003cp>Matt Chang said police told his brother they were there to help, and his brother responded that he didn’t want their help.\u003c/p>\n\u003cp>A series of escalations led Chang to barricade himself inside the house. The \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_25378394/pacifica-man-shot-by-police-hours-after-release\" target=\"_blank\" rel=\"noopener\">Daly City SWAT team arrived\u003c/a> with assault rifles and an armored car.\u003c/p>\n\u003cp>According to the DA review, police were worried Chang might find a .22-caliber rifle and ammunition hidden separately in the house. The SWAT team held their assault rifles trained on the house and took cover behind the armored car.\u003c/p>\n\u003caside class=\"left\">\n\u003ch3>\u003ca href=\"#data\">Search database of police killings\u003c/a>\u003c/h3>\n\u003cp>\u003ca href=\"#data\">\u003cimg decoding=\"async\" src=\"http://u.s.kqed.net/2014/09/30/ScreenShot20140930at9.png\" alt=\"\">\u003c/a>\u003c/p>\n\u003c/aside>\n\u003cp>Over a loudspeaker, \u003ca href=\"https://www.youtube.com/watch?v=0sEWGwXHMh0\" target=\"_blank\" rel=\"noopener\">an officer droned a repeated message\u003c/a> for Chang to come outside. No response. Police threw flash-bang grenades into the house trying to scare Chang outside and, at one point, threw a phone through the window, but Chang didn’t answer it.\u003c/p>\n\u003cp>“People with schizophrenia, they’re afraid people are trying to hurt them, which is why my brother was armed,” Matt Chang said. “They need to feel safe. Holding 20 AR-15s at this person, with a tank and all the stuff, and then throwing flash grenades, it doesn’t make them feel safe.”\u003c/p>\n\u003cp>More than six hours after Goias called 911, Daly City SWAT officers breached the house. Chang had built a barricade in the hallway. Two officers climbed over a mattress and furniture and ran into Chang, who was now holding a knife and stabbed an officer in the arm.\u003c/p>\n\u003cp>The SWAT officers shot Chang eight times in the chest, killing him.\u003c/p>\n\u003cp>The DA review found the shooting was legally justified, and commended the two officers involved in the shooting for their attempts to avoid that outcome.\u003c/p>\n\u003cp>\u003cstrong>And, Again\u003c/strong>\u003c/p>\n\u003cp>Less than three months after Errol Chang was killed, 18-year-old Yanira Serrano-Garcia was shot and killed by a San Mateo sheriff’s deputy in Half Moon Bay, 14 miles south of Pacifica.\u003c/p>\n\u003cfigure id=\"attachment_149035\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149035 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg\" alt=\"Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\" width=\"640\" height=\"435\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-640x435.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1939-1028x699.jpg 1028w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Family members and supporters of Yanira Serrano-Garcia spread flowers around the spot where she was killed near Half Moon Bay. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Serrano-Garcia’s brother called seeking medical help. His sister was refusing to take medication prescribed for schizophrenia and was arguing with her parents.\u003c/p>\n\u003cp>But before sheriff’s Deputy Menh Trieu arrived at the family home, Serrano-Garcia took her medication and had calmed down, according to her brother’s \u003ca href=\"https://soundcloud.com/kqed/yanira-serrano-garcia-911-call-audio-june-3-2014\" target=\"_blank\" rel=\"noopener\">statements to the dispatcher\u003c/a>.\u003c/p>\n\u003cp>According to the \u003ca href=\"http://www.scribd.com/doc/239226401/San-Mateo-District-Attorney-2014-08-18-OIS-Letter-Sheriff-Munks\" target=\"_blank\" rel=\"noopener\">San Mateo DA’s review\u003c/a> of the shooting, when the deputy arrived, Serrano-Garcia burst off the porch and chased him with a kitchen knife. He fired a single shot into her torso, killing her.\u003c/p>\n\u003cp>“They not only killed Yanira, they killed the entire family,” Serrano-Garcia’s mother, Carmen Garcia, told reporters in Spanish, at a press conference announcing \u003ca href=\"http://ww2.kqed.org/news/2014/9/10/lawsuit-police-shooting-half-moon-bay/\" target=\"_blank\" rel=\"noopener\">a civil rights lawsuit\u003c/a> against San Mateo County and Trieu. “The goal is to prevent any other family from suffering this kind of pain.”\u003c/p>\n\u003cp>The DA review found the shooting was \u003ca href=\"http://www.sfgate.com/crime/article/DA-Police-shooting-near-Half-Moon-Bay-justified-5695981.php\" target=\"_blank\" rel=\"noopener\">legally justified.\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>By The Numbers\u003c/strong>\u003c/p>\n\u003cp>Shootings like these have recently gained national attention. The fatal shooting in March of a man with a history of mental illness in Albuquerque, New Mexico, led to explosive street protests and preceded the U.S. Department of Justice’s \u003ca href=\"http://www.justice.gov/crt/about/spl/documents/apd_findings_4-10-14.pdf\" target=\"_blank\" rel=\"noopener\">findings\u003c/a> that the city’s police department was too quick to use force on mentally ill people.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-149036 size-full\" style=\"margin-right: 20px;margin-top: 16px\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/CITcharts.png\" alt=\"CITcharts\" width=\"286\" height=\"484\">\u003c/p>\n\u003cp>A 2013 \u003ca href=\"http://tacreports.org/storage/documents/2013-justifiable-homicides.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> by the Treatment Advocacy Center and National Sheriffs’ Association estimates half of the people shot and killed by police in the U.S. “have mental health problems,” and as many as one-third of officer-involved shootings are attempted “suicides-by-cop.”\u003c/p>\n\u003cp>According to a media review, this year in the Bay Area there have been at least seven fatal police shootings of people in psychiatric crisis.\u003c/p>\n\u003cp>Additionally, a KQED review of 51 San Francisco officer-involved shootings between 2005 and 2013 found that 58 percent — or 11 people — of the 19 individuals killed by police had a mental illness that was a contributing factor in the incident.\u003c/p>\n\u003cp>There are common elements in many of these instances when a fragile situation turns life-threatening for a person in crisis: That person often has a weapon, police issue commands, the person becomes more agitated, police respond with force.\u003c/p>\n\u003cp>That very police response, however, is the subject of a civil rights lawsuit stemming from a non-fatal shooting by SFPD in 2008. The outcome of the case could expand the rights of the mentally ill in confrontations with police.\u003c/p>\n\u003cp>\u003cstrong>The Mission District Case\u003c/strong>\u003c/p>\n\u003cp>It seemed obvious from her behavior in August 2008 that Teresa Sheehan hadn’t been taking her medication. She had been wearing the same clothes for a week and had stopped eating, according to comments a social worker gave to police.\u003c/p>\n\u003cp>Sheehan’s own \u003ca href=\"http://www.scribd.com/doc/241408998/Teresa-Sheehan-Complaint\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> says she had stopped showing up for house meetings at the Mission District co-op for people with mental illness, where she lived.\u003c/p>\n\u003cp>According to a \u003ca href=\"http://www.scribd.com/doc/241410111/SFPD-Report-on-Sheehan-OIS-12-8-2009\" target=\"_blank\" rel=\"noopener\">report\u003c/a> to the city’s police commission, when the social worker entered Sheehan’s room one morning to check on her, she threatened to stab him.\u003c/p>\n\u003cp>The report says when police arrived, she threatened them, too. They withdrew into the hallway, and she locked herself in her room.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/169983711″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/169983711″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Officers then prepared to re-enter her room by force, the report says. They drew their guns. They broke in her door. Sheehan had the knife over her head, and she began advancing toward them.\u003c/p>\n\u003cp>According to the police report, when Sheehan was about 3 feet away, Officer Katherine Holder shot her. Sgt. Kimberly Reynolds shot her. Sheehan then fell down, says the lawsuit, or she lunged, says the police report. Reynolds shot her again.\u003c/p>\n\u003cp>Sheehan survived and was charged with multiple counts of assault. A jury cleared her. She filed a federal civil rights suit alleging violations of the Constitution and the Americans with Disabilities Act.\u003c/p>\n\u003cp>Here’s the question before the court: If police know they are dealing with a person with mental illness, and they use confrontational tactics that can agitate the person, are they violating the Americans with Disabilities Act?\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\" rel=\"noopener\">ruled\u003c/a> that the ADA applies to police conduct when arresting people with mental illness. That ruling was appealed to the U.S. Supreme Court, which has not decided whether it will hear the case.\u003c/p>\n\u003cp>If the 9th Circuit’s ruling stands, it could require police departments to provide specialized training to officers in how to interact with people with mental illness, said Ben Nisenbaum, Sheehan’s attorney.\u003c/p>\n\u003cp>“You’ve got to be trained in how to deal with people who suffer mental disabilities,” he said. “It’s not something that’s kind of optional.”\u003c/p>\n\u003cp>The state of California doesn’t require police to have special training in responding to psychiatric crises. Even so, most large Bay Area police departments have adopted a model aimed at reducing fatalities and diverting people with mental illness away from the criminal justice system and into treatment. It’s called a \u003ca href=\"http://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_4_11_13/PUBLIC%20PROTECTION/Regular%20Calendar/Overview_CIT.pdf\" target=\"_blank\" rel=\"noopener\">Crisis Intervention Team\u003c/a>, or CIT.\u003c/p>\n\u003cp>\u003cstrong>Crisis Intervention Team\u003c/strong>\u003c/p>\n\u003cp>The Oakland Police Department hosts CIT training for all Alameda County law enforcement departments that have CIT programs.\u003c/p>\n\u003cp>At a training earlier this year, Oakland police Officer Doria Neff, the department’s CIT coordinator, didn’t waste time introducing the goals of the course to a room full of cops, deputies and probation officers.\u003c/p>\n\u003cfigure id=\"attachment_149041\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-149041\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg\" alt=\"Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\" width=\"400\" height=\"333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-640x532.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/IMG_1195-1028x855.jpg 1028w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003cfigcaption class=\"wp-caption-text\">Officers who have gone through CIT training wear this pin on their uniform. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“Am I going to ask you to become a social worker? Absolutely not — that’s not our role,” she said. “Do I ask that you open your eyes a little bit and be a little bit more empathetic to folks with mental health challenges? Yes.”\u003c/p>\n\u003cp>At the police academy, officers get six hours on people with disabilities. Neff told the class CIT training is like that, on steroids. For the rest of the week, officers got a crash course in psychological disorders, psychiatric medication, street drugs and de-escalation.\u003c/p>\n\u003cp>Officer Jeff Shannon, Berkeley Police Department’s CIT coordinator, teaches that part of the class.\u003c/p>\n\u003cp>“De-escalation is a cornerstone of the training,” he said, “because we know the vast majority of police interactions can be managed without the use of physical force.”\u003c/p>\n\u003cp>Shannon is also a licensed therapist who spent 15 years working with people in crisis in the community mental health system before becoming a police officer. He didn’t learn about CIT until after becoming an cop. He wrote the proposal for Berkeley to adopt the program, which they did in 2011 when Oakland hosted its first class.\u003c/p>\n\u003cp>“The way that we ask officers to calm people down is to be a calming force themselves,” Shannon said. “That starts with the tone and inflection of your voice and your nonverbal behavior.”\u003c/p>\n\u003cp>Officers in CIT class learn that nonverbal cues — like speaking in a soft voice, slowing down and resting a hand at one’s side instead of on one’s gun — are likely more important that what they’re saying. The reason has to do with the hierarchy of the human brain.\u003c/p>\n\u003cp>Berkeley clinical psychologist Mitch Radin teaches that, in a crisis, the more evolved, cognitive parts of the brain get overruled by the more primitive amygdala, which is responsible for emotional reactions.\u003c/p>\n\u003cp>“You can only hope for agreement, not understanding,” Radin said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.” \u003ccite>Mitch Radin, Berkeley psychologist \u003c/cite>\u003c/aside>\n\u003cp>Radin asked the class why police officers generally dislike responding to mental health calls. The answers varied: “They’re unpredictable.” “What’s the point? They’re going to be out before I finish the paperwork.” “The frustration is with the lack of resources to give them what they need.”\u003c/p>\n\u003cp>That last response rings true for Radin.\u003c/p>\n\u003cp>“The mental health system in America is distressing,” he said during a class break, and after a sigh of frustration. “I don’t think police officers would be dealing with these mental health crisis situations nearly as much if there were more resources out there.”\u003c/p>\n\u003cp>Few departments, if any, track how often officers respond to mental health crises. But, anecdotally, officers often report they respond to more 5150 calls every year. That’s shorthand for \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=05001-06000&file=5150-5155\" target=\"_blank\" rel=\"noopener\">California’s Welfare and Institutions Code 5150\u003c/a>, which allows peace officers and some mental health workers to take a person into custody who is a danger to themselves or others due to a mental illness.\u003c/p>\n\u003cp>Shannon says he has responded to hundreds of these calls.\u003c/p>\n\u003cp>“If I’m on a 10-hour patrol shift, there’s a good chance I’m going to place someone on a 5150 hold,” he said, “and sometimes it’s just call after call that seems to be someone in a psychiatric emergency.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/170354468″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/170354468″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Crisis Intervention Training has been around since 1988, when it was developed in Memphis, Tennessee, after an officer-involved shooting of a man with mental illness.\u003c/p>\n\u003cp>The goal of the \u003ca href=\"http://cit.memphis.edu/pdf/CoreElements.pdf\" target=\"_blank\" rel=\"noopener\">Memphis Model\u003c/a> is to establish a specialized unit of officers with in-depth training in mental illness and in tactics more likely to resolve incidents without injury. CIT also aims to strengthen relationships between police and mental health providers so officers can more easily take people in for treatment instead of to jail.\u003c/p>\n\u003cp>It’s not new, but departments in the Bay Area are just beginning to implement it.\u003c/p>\n\u003cp>\u003cstrong>Slow Uptake at the SFPD\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Police Department adopted the Memphis Model of CIT in 2011, after three years in a row in which every person killed in a police shooting had a mental illness.\u003c/p>\n\u003cp>But it’s clear implementing the program hasn’t been fast or easy.\u003c/p>\n\u003cp>Three and a half years into the program, the department has trained about 18 percent of its patrol officers. Ideally, somewhere between 20 and 25 percent of officers are trained, with the goal of at least one trained officer at each station for each shift.\u003c/p>\n\u003cfigure id=\"attachment_149048\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-149048\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg\" alt=\"SFPD Officer Elizabeth Prillinger is one of the officers who has gone through the training. (Rachael Bale/KQED)\" width=\"640\" height=\"628\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-640x628.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-1028x1009.jpg 1028w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-32x32.jpg 32w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-64x64.jpg 64w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/09/SFPD_Officer_Elizabeth_Prillinger-75x75.jpg 75w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">SFPD Officer Elizabeth Prillinger is one of the San Francisco officers who has gone through CIT training. (Rachael Bale/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Finding the right officers for the training hasn’t been easy, and that’s true anywhere, said Major Sam Cochran, who founded CIT while at the Memphis Police Department.\u003c/p>\n\u003cp>“There are some officers that are not ready to be CIT officers,” said Cochran, who is now at the University of Memphis. “They don’t have the experience. Some officers don’t have the maturity level.”\u003c/p>\n\u003cp>In some cities, like Berkeley, the program is so valued that officers must compete to get in. But as it launched in San Francisco, few officers volunteered, and station chiefs simply had to choose who got sent to training. Cochran says it’s the the role of a police chief to elevate the status of the team so officers want to be a part of it.\u003c/p>\n\u003cp>“That chief needs to make sure that those men and women understand that they have an identity and that they have a role,” Cochran said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/170355922″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/170355922″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Cochran’s model calls for CIT to be a specially trained and cohesive team within the department. In an interview with KQED, San Francisco Police Chief Greg Suhr said he’d prefer it not to be a separate team.\u003c/p>\n\u003cp>“Police officers by nature find niches,” Suhr said. “I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.”\u003c/p>\n\u003cp>That’s how SFPD Commander Richard Corriea once felt. He’s the third person to lead SFPD’s Crisis Intervention Team in three years.\u003c/p>\n\u003cp>“I’m a convert on the issue of team,” he said. “I think it inspires officers who are engaged in this. They have a special skill. It makes them feel part of something. And the outcome is better and better service.”\u003c/p>\n\u003cp>A team creates a feedback loop, said Angela Chan, a former police commissioner who spearheaded the program. The unit is supposed to learn from each response. It allows officers perfect their skills, share information with other CIT officers and establish strong relationships with mental health providers.\u003c/p>\n\u003caside class=\"pullquote alignleft\">“I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.” \u003ccite>Greg Suhr, S.F. Police Chief \u003c/cite>\u003c/aside>\n\u003cp>But in the beginning that didn’t happen much, say mental health advocates — not when the role of the team wasn’t fully supported inside the department, and so few officers were trained. Added to that, there was also no official way to dispatch CIT officers to a scene.\u003c/p>\n\u003cp>While the Police Commission resolution called for 911 operator training and CIT dispatch protocols, getting that to happen wasn’t easy.\u003c/p>\n\u003cp>San Francisco operators at 911 are under the Department of Emergency Management, not SFPD, and DEM’s policy is not to make changes to how it dispatches SFPD officers until it gets a directive from the police department itself.\u003c/p>\n\u003cp>“What they’ve explained all along is that they follow the direction of the San Francisco Police Department, and so whenever SFPD is ready, they’re ready,” said Chan.\u003c/p>\n\u003cp>SFPD wasn’t ready for more than three years. In late April 2014, Suhr issued the directive. Now, 911 operators are trained to recognize CIT-appropriate calls and to issue certain radio codes to send a CIT officer to the scene.\u003c/p>\n\u003cp>It’s hard to know whether CIT is helping reduce violent encounters between police and people with mental illness. Data collection — also mandated by the resolution — has taken a back seat as the department worked to catch up on training officers and creating a dispatch policy, which it has done under Corriea’s leadership.\u003c/p>\n\u003cp>Studies from elsewhere indicate CIT shows promise in reducing fatal incidents. One 2008 study published in the journal Psychology Services found CIT officers were less likely to use force, even when facing a threat of violence.\u003c/p>\n\u003cp>An Internal Affairs review shows that in the first three years of the program, three of the seven people killed in San Francisco police shootings had a mental illness. That’s about the national average, which includes departments with and without CIT.\u003c/p>\n\u003cp>Several years down the road, SFPD has now trained a corps of officers and organized dispatch. Corriea is planning the next step: how to get people into services instead of taking them to jail.\u003c/p>\n\u003cp>Still, there are likely numerous Bay Area jurisdictions without CIT. There aren’t numbers for California, but nationwide only about 15 percent of law enforcement agencies have CIT programs. That leaves thousands of people with mental illness in the Bay Area subject to the actions of police who aren’t trained to help them.\u003c/p>\n\u003cp>Part of the information present below comes from this \u003ca href=\"https://www.scribd.com/doc/242229894/San-Francisco-Police-Department-Officer-Involved-Shootings-Summary-2000-2014\" target=\"_blank\" rel=\"noopener\">SFPD Officer-Involved Shooting Memo.\u003c/a>\u003c/p>\n\u003ch1 id=\"data\">\u003c/h1>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Judge Rules for Public Access to Martins Beach, Doesn't Fine Owner",
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"content": "\u003cfigure id=\"attachment_148562\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg\">\u003cimg class=\"size-medium wp-image-148562\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg\" alt=\"Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED)\" width=\"640\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-1028x578.jpg 1028w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg 1280w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED) \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A San Mateo County Superior Court judge ruled today in favor of the Surfrider Foundation, the plaintiff in the protracted legal fight over access to Martins Beach, just south of Half Moon Bay.\u003c/p>\n\u003cp>Judge Barbara Mallach ruled that development companies representing Silicon Valley billionaire Vinod Khosla have been violating the California Coastal Act by closing the gate on public access to the beach.\u003c/p>\n\u003cp>\u003cspan style=\"color: #4d4d4d\">Martins Beach has been a a popular surfing spot and hangout for decades. Venture capitalist Khosla bought the beach property, including the road, in 2008 and closed it to the public. He reportedly intends to build a residence on the land, which is now occupied by about 45 beach cottages.\u003c/span>\u003c/p>\n\u003cp>[contextly_sidebar id=\"HZlTWYy12AGVrXipuTgGdDktnTkCA8H6\"]\u003c/p>\n\u003cp>The Surfrider Foundation sued Martins Beach LLC, claiming owner Khosla needed a coastal development permit, which was never sought.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"This confirms what the county and the Coastal Commission and the public have long believed, that public access to the California coast is a right that belongs to the people,\" said the plaintiff's attorney, Eric Buescher. \"It cannot be unilaterally blocked by a property owner without asking for permission to do so.\"\u003c/p>\n\u003cp>Mallach ruled Khosla engaged in unpermitted development and must seek a permit from the Coastal Commission, which is required to block access and change, add or remove signs adjacent to Martins Beach Road.\u003c/p>\n\u003cp>The judge also found Khosla acted on \"a good-faith belief\" that a permit was not required, so she imposed no fines.\u003c/p>\n\u003cp>The development companies representing Khosla are considering appealing the ruling, according to a statement released late Wednesday.\u003c/p>\n\u003cp>\"We will continue to seek protection of the constitutional rights of private property owners that are guaranteed by the U.S. and California constitutions and that have long been upheld by the United States and California Supreme Courts.\"\u003c/p>\n\u003cp>Meanwhile, surfers announced a celebration at the beach Thursday morning, beginning at 9 a.m.\u003c/p>\n\u003cp>Read the ruling below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_9914\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/240879548/content?start_page=1&view_mode=scroll&access_key=key-25VEYpFGgkXQePwt3FPA&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_148562\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg\">\u003cimg class=\"size-medium wp-image-148562\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg\" alt=\"Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED)\" width=\"640\" height=\"360\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-640x360.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850-1028x578.jpg 1028w, https://ww2.kqed.org/app/uploads/sites/10/2014/09/pelicanrock_scale-e1389396164850.jpg 1280w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pelican Rock marks the north end of Martins Beach on the San Mateo County coast. (Amy Standen/KQED) \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A San Mateo County Superior Court judge ruled today in favor of the Surfrider Foundation, the plaintiff in the protracted legal fight over access to Martins Beach, just south of Half Moon Bay.\u003c/p>\n\u003cp>Judge Barbara Mallach ruled that development companies representing Silicon Valley billionaire Vinod Khosla have been violating the California Coastal Act by closing the gate on public access to the beach.\u003c/p>\n\u003cp>\u003cspan style=\"color: #4d4d4d\">Martins Beach has been a a popular surfing spot and hangout for decades. Venture capitalist Khosla bought the beach property, including the road, in 2008 and closed it to the public. He reportedly intends to build a residence on the land, which is now occupied by about 45 beach cottages.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Surfrider Foundation sued Martins Beach LLC, claiming owner Khosla needed a coastal development permit, which was never sought.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This confirms what the county and the Coastal Commission and the public have long believed, that public access to the California coast is a right that belongs to the people,\" said the plaintiff's attorney, Eric Buescher. \"It cannot be unilaterally blocked by a property owner without asking for permission to do so.\"\u003c/p>\n\u003cp>Mallach ruled Khosla engaged in unpermitted development and must seek a permit from the Coastal Commission, which is required to block access and change, add or remove signs adjacent to Martins Beach Road.\u003c/p>\n\u003cp>The judge also found Khosla acted on \"a good-faith belief\" that a permit was not required, so she imposed no fines.\u003c/p>\n\u003cp>The development companies representing Khosla are considering appealing the ruling, according to a statement released late Wednesday.\u003c/p>\n\u003cp>\"We will continue to seek protection of the constitutional rights of private property owners that are guaranteed by the U.S. and California constitutions and that have long been upheld by the United States and California Supreme Courts.\"\u003c/p>\n\u003cp>Meanwhile, surfers announced a celebration at the beach Thursday morning, beginning at 9 a.m.\u003c/p>\n\u003cp>Read the ruling below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_9914\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/240879548/content?start_page=1&view_mode=scroll&access_key=key-25VEYpFGgkXQePwt3FPA&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "L.A. County Plans Huge Database of Biometric Data -- Without Public Notice",
"title": "L.A. County Plans Huge Database of Biometric Data -- Without Public Notice",
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"content": "\u003cp>\u003cstrong>By Ali Winston\u003c/strong>\u003cbr>\n\u003cstrong> The Center for Investigative Reporting\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_148537\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-medium wp-image-148537\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric2-640x360.jpg\" alt=\"Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\u003c/figcaption>\u003c/figure>\n\u003cp>Without notice to the public, Los Angeles County law enforcement officials are preparing to widen what personal information they collect from on people they encounter by building a massive database of iris scans, fingerprints, mug shots, palm prints and, potentially, voice recordings.\u003c/p>\n\u003cp>The new database of personal information, dubbed a multimodal biometric identification system, would augment the county's existing database of fingerprint records and create the largest law enforcement repository outside of the FBI of so-called next-generation biometric identification, according to county sheriff’s department documents.\u003c/p>\n\u003cp>On Sept. 15, the FBI announced that the Next Generation Identification System was fully operational. Now that the central infrastructure is in place, the next phase is for local jurisdictions across the country to update their own information-gathering systems to the FBI's standards.\u003c/p>\n\u003cp>When the system is up and running in L.A., any law enforcement official working in the county, including the Los Angeles Police Department, would collect biometric information on people who are booked into county jails or by using mobile devices in the field.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This would occur even when people are stopped for lesser offenses or pulled over for minor traffic violations, according to documents obtained by The Center for Investigative Reporting through a public records request.\u003c/p>\n\u003cp>Officials with the sheriff’s department, which operates the countywide system, said the biometric information would be retained indefinitely – regardless of whether the person in question is convicted of the crime for which he or she was arrested.\u003c/p>\n\u003cp>The system is expected to be fully operational in two or three years, according to the sheriff’s department.\u003c/p>\n\u003cfigure id=\"attachment_148535\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003cimg class=\"size-medium wp-image-148535\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric1-640x360.jpg\" alt=\"A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\" width=\"320\" height=\"180\">\u003cfigcaption class=\"wp-caption-text\">A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\u003c/figcaption>\u003c/figure>\n\u003cp>All of this is happening without hearings or public input, yet technology companies already are bidding to build the system, interviews and documents show. Officials would not disclose the expected cost of the project or which companies are bidding but said it would be a multimillion-dollar undertaking.\u003c/p>\n\u003cp>The new system is being readied as the public has become increasingly concerned about privacy invasions by the government, corporations and Internet sources. Privacy advocates worry the public is losing any sense of control over the widespread collection of data on its purchases, travel habits, friendships, health, business transactions and personal communications.\u003c/p>\n\u003cp>At the same time, cities and counties across the country are facing renewed scrutiny for accepting the transfer of military technology from the Pentagon. The national biometric database is part of the transition of military-grade technologies and information-gathering strategies from the Pentagon to civilian law enforcement. During the wars in Afghanistan and Iraq over the past decade, the U.S. military collected and stored biometric information on millions of civilians and militants.\u003c/p>\n\u003cp>In 2008, President George W. Bush required the Defense, Homeland Security and Justice departments to establish common standards for collecting and sharing biometric information like iris scans and photos optimized for facial recognition. Law enforcement agencies have been testing mobile systems for documenting biometric information, including a facial recognition program uncovered in San Diego County last fall.\u003c/p>\n\u003cp>Authorities in California already collect DNA swabs from arrestees booked into county jails, a practice upheld last year by the U.S. Supreme Court and this year by a federal appeals court in California. Dozens of other states also collect DNA samples from arrestees.\u003c/p>\n\u003cp>Documents from the Los Angeles County Sheriff’s Department show its database will house information on up to 15 million subjects, giving the department a major stake in the Next Generation Identification program, a billion-dollar update to the FBI’s national fingerprint database and the largest information technology project in the history of the U.S. Department of Justice.\u003c/p>\n\u003cp>For privacy advocates, the development of the Los Angeles biometric system without any public oversight or debate and an indefinite data retention policy are causes for concern.\u003c/p>\n\u003cp>Jeramie Scott, national security counsel for the Electronic Privacy Information Center, said it’s critical for the public to be aware that this new technology is being rolled out, because the information held by law enforcement poses unique threats to privacy and anonymity.\u003c/p>\n\u003cp>“Biometric data is something you cannot change if it is compromised,” Scott said. “There are privacy and civil liberties implications that come from law enforcement having multiple ways to identify someone without their consent.”\u003c/p>\n\u003cp>Scott, whose organization has sued the FBI to release information related to Next General Identification, added: “It becomes a one-sided debate when law enforcement alone is making that decision to use new technologies on the public.”\u003c/p>\n\u003cp>Hamid Khan, an organizer with the Stop LAPD Spying Coalition who studies police surveillance, said the arrival of Next Generation Identification means Los Angeles is now a frontier in the battle for privacy.\u003c/p>\n\u003cp>“Now our whole bodies are up for grabs,” Khan said.\u003c/p>\n\u003cp>The multimodal biometric system under development by the sheriff’s department will collect four out of the five “inputs” used by the Next Generation Identification program – fingerprints, mug shots, iris scans and palm prints. Voice recordings are the fifth input.\u003c/p>\n\u003cp>The L.A. system is designed to transmit and receive data to and from the FBI and the California Department of Justice, which has its own biometric database.\u003c/p>\n\u003cp>Originally announced in 2008, Next Generation Identification is being rolled out across the country this year after pilot projects were carried out in Michigan, Maryland, Texas, Maine and New Mexico. About 17 million facial records already were integrated into Next Generation Identification as of January.\u003c/p>\n\u003cp>Earlier this year, residents and city officials in Compton were outraged that Los Angeles County sheriff’s officials had experimented with a cutting-edge aerial surveillance tool known as wide-area surveillance without any prior public notice.\u003c/p>\n\u003cp>“A lot of people do have a problem with the eye in the sky, the Big Brother, so in order to mitigate any of those kinds of complaints, we basically kept it pretty hush-hush,” sheriff’s Sgt. Douglas Iketani told CIR earlier this year.\u003c/p>\n\u003cp>Sheriff’s Lt. Joshua Thai, who is in charge of implementing the county’s new biometric database, said the department currently is collecting only fingerprints and has used mobile devices since 2006 to check the fingerprints of people stopped on the street against the county’s records.\u003c/p>\n\u003cp>Thai said biometric information would be collected from people only when they are arrested and booked, but the mobile devices would be used to verify individuals’ identities in the field.\u003c/p>\n\u003cp>“It could be somebody gets pulled over for a traffic violation and he or she does not have a driver’s license on him or her, and the officer is just trying to identify this person,” he said.\u003c/p>\n\u003cp>Thai said the goal of the project is to help law enforcement officers better identify the people they contact and avoid wrongful arrests.\u003c/p>\n\u003cp> “What we’re hoping is that based on the mug shot is that that will compensate some of the biometrics to maybe better identify this person,” Thai said.\u003c/p>\n\u003cp>The sheriff’s department declined to release information on which companies were already bidding to install the new system.\u003c/p>\n\u003cp>According to federal guidelines for the storage of biometric data in Next Generation Identification, information on an individual with a criminal record will be kept until that person is 99 years old. Information on a person without a criminal record will be purged when he or she turns 75.\u003c/p>\n\u003cp>The FBI's guidelines for keeping biometric data on individuals, regardless of whether they have criminal records, “amounts to an indefinite retention period,” said Peter Bibring, a senior staff attorney with the Southern California ACLU. If the Next Generation Identification database simply were an update to the FBI’s existing fingerprint database, Bibring said the project wouldn't be problematic.\u003c/p>\n\u003cp>However, he said the biometric database “significantly expands the type of data law enforcement collects and creates a more invasive system” that may encourage police officers to make more stops in the field to gather photographs and biometric data for the new database.\u003c/p>\n\u003cp>Experts say the collection and storage of biometric information creates challenges for the legal system and personal privacy – challenges that have not been adequately considered in the planning and implementation of Next Generation Identification.\u003c/p>\n\u003cp>Bibring said the new database, if paired with facial recognition-enabled surveillance cameras, could drastically increase law enforcement's ability to track a person’s movements just as license-plate readers track vehicles.\u003c/p>\n\u003cp>“The federal government is creating an architecture that will make it easy to identify where people are and were,” Bibring said. “It threatens people's anonymity and ability to move about without being monitored.”\u003c/p>\n\u003cp>Scott, of the Electronic Privacy Information Center, said FBI documents obtained by the center make it clear that uncertainty lingers about who has access to the biometric data that will be stored in the new federal database, and he has doubts regarding the security of such information.\u003c/p>\n\u003cp>Dozens of Southern California law enforcement agencies have been using mobile fingerprinting devices in the field for roughly a decade. Gang officers routinely submit fingerprints, mug shots and photographs of tattoos and unique scars of suspected gang members to the statewide CalGang database, which contains information on over 13o,000 individuals statewide.\u003c/p>\n\u003cp>The national biometric database also has come under fire from privacy advocates and civil libertarians because it is being implemented without a thorough study of its impact on privacy – which is required by federal law.\u003c/p>\n\u003cp>“They need to do this before any pilot programs, of which they've done two for facial recognition and iris recognition,” Scott said. “They're not meeting their legal obligations, which is now being followed up by state and local authorities.”\u003c/p>\n\u003cp>Khan, of the Stop LAPD Spying Coalition, said such sensitive information in the hands of the Los Angeles County Sheriff's Department raises further questions about oversight and information security.\u003c/p>\n\u003cp>“When we look at the multiple contractors and subcontractors and who will have access to this information,” he said, “the whole issue of identity theft comes to mind.”\u003c/p>\n\u003cp>\u003cem>This story was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>This story was produced by The Center for Investigative Reporting, an independent, nonprofit newsroom based in the San Francisco Bay Area. For more, visit cironline.org. Winston can be reached at awinston@cironline.org. Follow him on Twitter: @awinston.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Ali Winston\u003c/strong>\u003cbr>\n\u003cstrong> The Center for Investigative Reporting\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_148537\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-medium wp-image-148537\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric2-640x360.jpg\" alt=\"Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Without public notice, Los Angeles County law enforcement officials are building a massive database of biometric information, including iris scans. (KNBC)\u003c/figcaption>\u003c/figure>\n\u003cp>Without notice to the public, Los Angeles County law enforcement officials are preparing to widen what personal information they collect from on people they encounter by building a massive database of iris scans, fingerprints, mug shots, palm prints and, potentially, voice recordings.\u003c/p>\n\u003cp>The new database of personal information, dubbed a multimodal biometric identification system, would augment the county's existing database of fingerprint records and create the largest law enforcement repository outside of the FBI of so-called next-generation biometric identification, according to county sheriff’s department documents.\u003c/p>\n\u003cp>On Sept. 15, the FBI announced that the Next Generation Identification System was fully operational. Now that the central infrastructure is in place, the next phase is for local jurisdictions across the country to update their own information-gathering systems to the FBI's standards.\u003c/p>\n\u003cp>When the system is up and running in L.A., any law enforcement official working in the county, including the Los Angeles Police Department, would collect biometric information on people who are booked into county jails or by using mobile devices in the field.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This would occur even when people are stopped for lesser offenses or pulled over for minor traffic violations, according to documents obtained by The Center for Investigative Reporting through a public records request.\u003c/p>\n\u003cp>Officials with the sheriff’s department, which operates the countywide system, said the biometric information would be retained indefinitely – regardless of whether the person in question is convicted of the crime for which he or she was arrested.\u003c/p>\n\u003cp>The system is expected to be fully operational in two or three years, according to the sheriff’s department.\u003c/p>\n\u003cfigure id=\"attachment_148535\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003cimg class=\"size-medium wp-image-148535\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/labiometric1-640x360.jpg\" alt=\"A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\" width=\"320\" height=\"180\">\u003cfigcaption class=\"wp-caption-text\">A Los Angeles County sheriff’s deputy demonstrates a mobile fingerprint reader. Officials say biometric information would be retained indefinitely. (KNBC-TV)\u003c/figcaption>\u003c/figure>\n\u003cp>All of this is happening without hearings or public input, yet technology companies already are bidding to build the system, interviews and documents show. Officials would not disclose the expected cost of the project or which companies are bidding but said it would be a multimillion-dollar undertaking.\u003c/p>\n\u003cp>The new system is being readied as the public has become increasingly concerned about privacy invasions by the government, corporations and Internet sources. Privacy advocates worry the public is losing any sense of control over the widespread collection of data on its purchases, travel habits, friendships, health, business transactions and personal communications.\u003c/p>\n\u003cp>At the same time, cities and counties across the country are facing renewed scrutiny for accepting the transfer of military technology from the Pentagon. The national biometric database is part of the transition of military-grade technologies and information-gathering strategies from the Pentagon to civilian law enforcement. During the wars in Afghanistan and Iraq over the past decade, the U.S. military collected and stored biometric information on millions of civilians and militants.\u003c/p>\n\u003cp>In 2008, President George W. Bush required the Defense, Homeland Security and Justice departments to establish common standards for collecting and sharing biometric information like iris scans and photos optimized for facial recognition. Law enforcement agencies have been testing mobile systems for documenting biometric information, including a facial recognition program uncovered in San Diego County last fall.\u003c/p>\n\u003cp>Authorities in California already collect DNA swabs from arrestees booked into county jails, a practice upheld last year by the U.S. Supreme Court and this year by a federal appeals court in California. Dozens of other states also collect DNA samples from arrestees.\u003c/p>\n\u003cp>Documents from the Los Angeles County Sheriff’s Department show its database will house information on up to 15 million subjects, giving the department a major stake in the Next Generation Identification program, a billion-dollar update to the FBI’s national fingerprint database and the largest information technology project in the history of the U.S. Department of Justice.\u003c/p>\n\u003cp>For privacy advocates, the development of the Los Angeles biometric system without any public oversight or debate and an indefinite data retention policy are causes for concern.\u003c/p>\n\u003cp>Jeramie Scott, national security counsel for the Electronic Privacy Information Center, said it’s critical for the public to be aware that this new technology is being rolled out, because the information held by law enforcement poses unique threats to privacy and anonymity.\u003c/p>\n\u003cp>“Biometric data is something you cannot change if it is compromised,” Scott said. “There are privacy and civil liberties implications that come from law enforcement having multiple ways to identify someone without their consent.”\u003c/p>\n\u003cp>Scott, whose organization has sued the FBI to release information related to Next General Identification, added: “It becomes a one-sided debate when law enforcement alone is making that decision to use new technologies on the public.”\u003c/p>\n\u003cp>Hamid Khan, an organizer with the Stop LAPD Spying Coalition who studies police surveillance, said the arrival of Next Generation Identification means Los Angeles is now a frontier in the battle for privacy.\u003c/p>\n\u003cp>“Now our whole bodies are up for grabs,” Khan said.\u003c/p>\n\u003cp>The multimodal biometric system under development by the sheriff’s department will collect four out of the five “inputs” used by the Next Generation Identification program – fingerprints, mug shots, iris scans and palm prints. Voice recordings are the fifth input.\u003c/p>\n\u003cp>The L.A. system is designed to transmit and receive data to and from the FBI and the California Department of Justice, which has its own biometric database.\u003c/p>\n\u003cp>Originally announced in 2008, Next Generation Identification is being rolled out across the country this year after pilot projects were carried out in Michigan, Maryland, Texas, Maine and New Mexico. About 17 million facial records already were integrated into Next Generation Identification as of January.\u003c/p>\n\u003cp>Earlier this year, residents and city officials in Compton were outraged that Los Angeles County sheriff’s officials had experimented with a cutting-edge aerial surveillance tool known as wide-area surveillance without any prior public notice.\u003c/p>\n\u003cp>“A lot of people do have a problem with the eye in the sky, the Big Brother, so in order to mitigate any of those kinds of complaints, we basically kept it pretty hush-hush,” sheriff’s Sgt. Douglas Iketani told CIR earlier this year.\u003c/p>\n\u003cp>Sheriff’s Lt. Joshua Thai, who is in charge of implementing the county’s new biometric database, said the department currently is collecting only fingerprints and has used mobile devices since 2006 to check the fingerprints of people stopped on the street against the county’s records.\u003c/p>\n\u003cp>Thai said biometric information would be collected from people only when they are arrested and booked, but the mobile devices would be used to verify individuals’ identities in the field.\u003c/p>\n\u003cp>“It could be somebody gets pulled over for a traffic violation and he or she does not have a driver’s license on him or her, and the officer is just trying to identify this person,” he said.\u003c/p>\n\u003cp>Thai said the goal of the project is to help law enforcement officers better identify the people they contact and avoid wrongful arrests.\u003c/p>\n\u003cp> “What we’re hoping is that based on the mug shot is that that will compensate some of the biometrics to maybe better identify this person,” Thai said.\u003c/p>\n\u003cp>The sheriff’s department declined to release information on which companies were already bidding to install the new system.\u003c/p>\n\u003cp>According to federal guidelines for the storage of biometric data in Next Generation Identification, information on an individual with a criminal record will be kept until that person is 99 years old. Information on a person without a criminal record will be purged when he or she turns 75.\u003c/p>\n\u003cp>The FBI's guidelines for keeping biometric data on individuals, regardless of whether they have criminal records, “amounts to an indefinite retention period,” said Peter Bibring, a senior staff attorney with the Southern California ACLU. If the Next Generation Identification database simply were an update to the FBI’s existing fingerprint database, Bibring said the project wouldn't be problematic.\u003c/p>\n\u003cp>However, he said the biometric database “significantly expands the type of data law enforcement collects and creates a more invasive system” that may encourage police officers to make more stops in the field to gather photographs and biometric data for the new database.\u003c/p>\n\u003cp>Experts say the collection and storage of biometric information creates challenges for the legal system and personal privacy – challenges that have not been adequately considered in the planning and implementation of Next Generation Identification.\u003c/p>\n\u003cp>Bibring said the new database, if paired with facial recognition-enabled surveillance cameras, could drastically increase law enforcement's ability to track a person’s movements just as license-plate readers track vehicles.\u003c/p>\n\u003cp>“The federal government is creating an architecture that will make it easy to identify where people are and were,” Bibring said. “It threatens people's anonymity and ability to move about without being monitored.”\u003c/p>\n\u003cp>Scott, of the Electronic Privacy Information Center, said FBI documents obtained by the center make it clear that uncertainty lingers about who has access to the biometric data that will be stored in the new federal database, and he has doubts regarding the security of such information.\u003c/p>\n\u003cp>Dozens of Southern California law enforcement agencies have been using mobile fingerprinting devices in the field for roughly a decade. Gang officers routinely submit fingerprints, mug shots and photographs of tattoos and unique scars of suspected gang members to the statewide CalGang database, which contains information on over 13o,000 individuals statewide.\u003c/p>\n\u003cp>The national biometric database also has come under fire from privacy advocates and civil libertarians because it is being implemented without a thorough study of its impact on privacy – which is required by federal law.\u003c/p>\n\u003cp>“They need to do this before any pilot programs, of which they've done two for facial recognition and iris recognition,” Scott said. “They're not meeting their legal obligations, which is now being followed up by state and local authorities.”\u003c/p>\n\u003cp>Khan, of the Stop LAPD Spying Coalition, said such sensitive information in the hands of the Los Angeles County Sheriff's Department raises further questions about oversight and information security.\u003c/p>\n\u003cp>“When we look at the multiple contractors and subcontractors and who will have access to this information,” he said, “the whole issue of identity theft comes to mind.”\u003c/p>\n\u003cp>\u003cem>This story was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This story was produced by The Center for Investigative Reporting, an independent, nonprofit newsroom based in the San Francisco Bay Area. For more, visit cironline.org. Winston can be reached at awinston@cironline.org. Follow him on Twitter: @awinston.\u003c/p>\n\n\u003c/div>\u003c/p>",
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