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"disqusTitle": "Behind California's Dramatic Increase in Lifers Freed from Prisons",
"title": "Behind California's Dramatic Increase in Lifers Freed from Prisons",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>[http_redir]Amid the specter of rising violent crime rates and “tough on crime” posturing from both Democrats and Republicans, California voters in 1988 approved Proposition 89, amending the state constitution so that governors could directly intervene in the parole process for inmates sentenced to life in prison with the possibility of parole. The measure, which passed with 55 percent of the vote, allowed the governor to rescind parole for offenders who had committed murder — the most common crime for so-called lifers sentenced to unfixed terms like “15 years to life.”\u003c/p>\n\u003cp>The political calculus for governors, when reviewing parole decisions, was obvious: No governor wanted to stand accused of letting a convicted murderer roam the streets. Gov. Gray Davis reversed positive parole decisions more than 90 percent of the time, while Gov. Arnold Schwarzenegger reversed 70 percent of the cases that came across his desk. (Gov. Pete Wilson was far more lenient, although he reviewed significantly fewer cases during his two terms in office.)\u003c/p>\n\u003cp>[contextly_sidebar id=\"afff123ae2c086bd165f77cdaedf159b\"]\u003c/p>\n\u003cp>For most of the 1990s and 2000s, the state Board of Parole Hearings was unlikely to grant parole in the first place to convicted murderers. When combined with the governors' high reversal rates, the result was a mounting number of inmates serving life terms in state prison.\u003c/p>\n\u003cp>About one in five inmates in California prisons serves a life sentence with the possibility of parole — the highest percentage of lifers in a state prison population in the country. As of last year, there were more than 26,000 lifers behind bars.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For most of the past two decades, the odds that a lifer would ever set foot outside prison walls were slim. In 2010, a parole-eligible offender who had committed murder stood a 6 percent chance of leaving prison through the conventional parole process.\u003c/p>\n\u003cp>Three years later, the prospects for lifer parole had improved dramatically, and now lifers are leaving prison in record numbers. In the first 2½ years of the Brown administration, more lifers were released from prison (1,205) than during the previous three administrations combined (1,168).\u003c/p>\n\u003cp>Listen to Scott Shafer's California Report story on Lifer Releases.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/149719557&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The unprecedented exodus of lifers in recent years sparks several serious questions for California. What programs are in place to ensure that lifers can make a smooth transition into an outside world radically different from when they were first incarcerated? What are the political implications of this trend in an election year? And perhaps, most importantly, why is this happening now?\u003c/p>\n\u003cp>Several factors account for the spike in lifer releases in recent years, including landmark court decisions, rising caseloads and shifting attitudes among the Board of Parole Hearings and the Brown administration.\u003c/p>\n\u003ch2>The Lifer Exodus\u003c/h2>\n\u003cp>The number of lifers released from state prison has increased significantly over the past five years, with a dramatic uptick occurring in the last three. The trend began in 2009, a year after a key California Supreme Court ruling limiting the reasons a lifer may be denied parole. From 1991 through July 2013, 2,373 lifers have left California prisons. More than half of that total has occurred in the last 2.5 years.\u003c/p>\n\u003cp>In 2012, California voters approved Proposition 36, which modified the state’s 1994 three-strikes law. The measure allowed inmates sentenced to life in prison to petition for resentencing and release if their third-strike felony was not serious or violent. While not lifers in the traditional sense (and not included in the chart below), the number of “Prop. 36ers” released since 2012 nearly doubles the count of offenders once facing life in prison who are now set to be released under Gov. Jerry Brown.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/index.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: California Department of Corrections and Rehabilitation.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Lifer releases through July 2013. It is important to note that, because of court challenges and the time lag between a parole grant and date of release, individuals paroled under one administration may not be released until a new administration.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Parole Granted More Often\u003c/h2>\n\u003cp>Once a lifer serves the minimum amount of time required by his or her sentence in prison, a parole hearing date is set. A Board of Parole Hearings commissioner then hears the inmate’s case for getting out of prison, basing the decision on whether the inmate poses an unreasonable danger to society upon release. Commissioners are appointed by the governor and confirmed by the Senate Rules Committee.\u003c/p>\n\u003cp>Starting in 2009, the parole grant rate has increased dramatically. In 2008, the California Supreme Court issued a decision upholding the parole of Sandra Davis Lawrence, an inmate of 24 years convicted of murdering her lover’s wife. The court overturned Schwarzenegger’s reversal of Lawrence’s parole, ruling that decisions on parole grants should be based exclusively on the likelihood a parolee would reoffend. The Lawrence decision, combined with the changing composition of the Board of Parole Hearings since the arrival of Brown, had spurred a marked increase in the number of lifers being paroled.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/PBH.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: BPH Suitability Hearing Summary, CY 1978-2012; BPH Lifer Scheduling and Tracking System; Stanford Criminal Law Center\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem> Notes: Following methodology of Stanford Criminal Law Center, grant rate is calculated by dividing the number of parole grants in a given year by the number of conducted hearings.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Brown Administration Less Likely To Interfere\u003c/h2>\n\u003cp>Because of Prop. 89, California is one of only three states (Maryland and Oklahoma are the other two) where governors have the authority to review and reverse parole board recommendations for lifers. For lifers convicted of first- or second-degree murder, the governor may reverse the parole board’s grant outright. For lifers convicted of other crimes, the governor may send the parole case back to the full board of commissioners for reconsideration.\u003c/p>\n\u003cp>The higher parole rate for lifers has resulted in a record numbers of parole cases coming across the governor’s desk for review. In his first three years in office, Brown has reviewed nearly 1,678 lifer parole cases, nearly matching the total reviewed by Schwarzenegger over a seven-year period.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/reversalrate.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: Stanford Criminal Justice Center, Governor's Office\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Reversal rate is the percentage of parole grants for murder offenses reviewed by the governor's office that the governor reverses. Some parole decisions in November and December 2003 may be incorrectly attributed to Davis because of data limitations. Data through mid-December 2013.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>Unlike Govs. Schwarzenegger and Davis, Brown has been much less likely to interfere in the parole recommendations of the board. The reversal rate for Davis never dipped below 90 percent and the reversal rate for Schwarzenegger never dipped below 60 percent, but Brown has reversed less than 20 percent of the cases that have come across his desk.\u003c/p>\n\u003cp>The Brown administration has argued that the governor’s lower reversal rate stems from a more accurate interpretation of the laws behind parole review. According to the governor’s office, from January 2011 to June 2012, 111 of 158 reversals issued by Schwarzenegger were overturned in the courts.\u003c/p>\n\u003cp>Comprehensive data on the number of lifers granted parole through the courts is not available.\u003c/p>\n\u003ch2>Lower Risk of Recidivism\u003c/h2>\n\u003cp>While comprehensive data on how lifers fare after their release are limited, most studies point to a very low risk of recidivism. One study found that among 860 murderers paroled in California since 1995, only five individuals have returned to jail for new felonies since being released, and none of them for “life-term” crimes like murder. That stands in stark contrast to the state’s overall prisoner recidivism rate, which has neared 50 percent in recent years.\u003c/p>\n\u003cp>The reason behind lifers’ presumed lower risk of reoffending is simple: age. Most criminals typically “age out of crime” after they turn 30. The average age of lifers at the time of their parole hearing was 51.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, \"Second Chance: Lifers and Parole in California.\"\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Graphics by Olivia Allen-Price\u003c/em>\u003c/p>\n\n",
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"excerpt": "An increasing percentage of murderers serving life sentences are being paroled. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>[http_redir]Amid the specter of rising violent crime rates and “tough on crime” posturing from both Democrats and Republicans, California voters in 1988 approved Proposition 89, amending the state constitution so that governors could directly intervene in the parole process for inmates sentenced to life in prison with the possibility of parole. The measure, which passed with 55 percent of the vote, allowed the governor to rescind parole for offenders who had committed murder — the most common crime for so-called lifers sentenced to unfixed terms like “15 years to life.”\u003c/p>\n\u003cp>The political calculus for governors, when reviewing parole decisions, was obvious: No governor wanted to stand accused of letting a convicted murderer roam the streets. Gov. Gray Davis reversed positive parole decisions more than 90 percent of the time, while Gov. Arnold Schwarzenegger reversed 70 percent of the cases that came across his desk. (Gov. Pete Wilson was far more lenient, although he reviewed significantly fewer cases during his two terms in office.)\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>For most of the 1990s and 2000s, the state Board of Parole Hearings was unlikely to grant parole in the first place to convicted murderers. When combined with the governors' high reversal rates, the result was a mounting number of inmates serving life terms in state prison.\u003c/p>\n\u003cp>About one in five inmates in California prisons serves a life sentence with the possibility of parole — the highest percentage of lifers in a state prison population in the country. As of last year, there were more than 26,000 lifers behind bars.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For most of the past two decades, the odds that a lifer would ever set foot outside prison walls were slim. In 2010, a parole-eligible offender who had committed murder stood a 6 percent chance of leaving prison through the conventional parole process.\u003c/p>\n\u003cp>Three years later, the prospects for lifer parole had improved dramatically, and now lifers are leaving prison in record numbers. In the first 2½ years of the Brown administration, more lifers were released from prison (1,205) than during the previous three administrations combined (1,168).\u003c/p>\n\u003cp>Listen to Scott Shafer's California Report story on Lifer Releases.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/149719557&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The unprecedented exodus of lifers in recent years sparks several serious questions for California. What programs are in place to ensure that lifers can make a smooth transition into an outside world radically different from when they were first incarcerated? What are the political implications of this trend in an election year? And perhaps, most importantly, why is this happening now?\u003c/p>\n\u003cp>Several factors account for the spike in lifer releases in recent years, including landmark court decisions, rising caseloads and shifting attitudes among the Board of Parole Hearings and the Brown administration.\u003c/p>\n\u003ch2>The Lifer Exodus\u003c/h2>\n\u003cp>The number of lifers released from state prison has increased significantly over the past five years, with a dramatic uptick occurring in the last three. The trend began in 2009, a year after a key California Supreme Court ruling limiting the reasons a lifer may be denied parole. From 1991 through July 2013, 2,373 lifers have left California prisons. More than half of that total has occurred in the last 2.5 years.\u003c/p>\n\u003cp>In 2012, California voters approved Proposition 36, which modified the state’s 1994 three-strikes law. The measure allowed inmates sentenced to life in prison to petition for resentencing and release if their third-strike felony was not serious or violent. While not lifers in the traditional sense (and not included in the chart below), the number of “Prop. 36ers” released since 2012 nearly doubles the count of offenders once facing life in prison who are now set to be released under Gov. Jerry Brown.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/index.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: California Department of Corrections and Rehabilitation.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Lifer releases through July 2013. It is important to note that, because of court challenges and the time lag between a parole grant and date of release, individuals paroled under one administration may not be released until a new administration.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Parole Granted More Often\u003c/h2>\n\u003cp>Once a lifer serves the minimum amount of time required by his or her sentence in prison, a parole hearing date is set. A Board of Parole Hearings commissioner then hears the inmate’s case for getting out of prison, basing the decision on whether the inmate poses an unreasonable danger to society upon release. Commissioners are appointed by the governor and confirmed by the Senate Rules Committee.\u003c/p>\n\u003cp>Starting in 2009, the parole grant rate has increased dramatically. In 2008, the California Supreme Court issued a decision upholding the parole of Sandra Davis Lawrence, an inmate of 24 years convicted of murdering her lover’s wife. The court overturned Schwarzenegger’s reversal of Lawrence’s parole, ruling that decisions on parole grants should be based exclusively on the likelihood a parolee would reoffend. The Lawrence decision, combined with the changing composition of the Board of Parole Hearings since the arrival of Brown, had spurred a marked increase in the number of lifers being paroled.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/PBH.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: BPH Suitability Hearing Summary, CY 1978-2012; BPH Lifer Scheduling and Tracking System; Stanford Criminal Law Center\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem> Notes: Following methodology of Stanford Criminal Law Center, grant rate is calculated by dividing the number of parole grants in a given year by the number of conducted hearings.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Brown Administration Less Likely To Interfere\u003c/h2>\n\u003cp>Because of Prop. 89, California is one of only three states (Maryland and Oklahoma are the other two) where governors have the authority to review and reverse parole board recommendations for lifers. For lifers convicted of first- or second-degree murder, the governor may reverse the parole board’s grant outright. For lifers convicted of other crimes, the governor may send the parole case back to the full board of commissioners for reconsideration.\u003c/p>\n\u003cp>The higher parole rate for lifers has resulted in a record numbers of parole cases coming across the governor’s desk for review. In his first three years in office, Brown has reviewed nearly 1,678 lifer parole cases, nearly matching the total reviewed by Schwarzenegger over a seven-year period.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/reversalrate.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: Stanford Criminal Justice Center, Governor's Office\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Reversal rate is the percentage of parole grants for murder offenses reviewed by the governor's office that the governor reverses. Some parole decisions in November and December 2003 may be incorrectly attributed to Davis because of data limitations. Data through mid-December 2013.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>Unlike Govs. Schwarzenegger and Davis, Brown has been much less likely to interfere in the parole recommendations of the board. The reversal rate for Davis never dipped below 90 percent and the reversal rate for Schwarzenegger never dipped below 60 percent, but Brown has reversed less than 20 percent of the cases that have come across his desk.\u003c/p>\n\u003cp>The Brown administration has argued that the governor’s lower reversal rate stems from a more accurate interpretation of the laws behind parole review. According to the governor’s office, from January 2011 to June 2012, 111 of 158 reversals issued by Schwarzenegger were overturned in the courts.\u003c/p>\n\u003cp>Comprehensive data on the number of lifers granted parole through the courts is not available.\u003c/p>\n\u003ch2>Lower Risk of Recidivism\u003c/h2>\n\u003cp>While comprehensive data on how lifers fare after their release are limited, most studies point to a very low risk of recidivism. One study found that among 860 murderers paroled in California since 1995, only five individuals have returned to jail for new felonies since being released, and none of them for “life-term” crimes like murder. That stands in stark contrast to the state’s overall prisoner recidivism rate, which has neared 50 percent in recent years.\u003c/p>\n\u003cp>The reason behind lifers’ presumed lower risk of reoffending is simple: age. Most criminals typically “age out of crime” after they turn 30. The average age of lifers at the time of their parole hearing was 51.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, \"Second Chance: Lifers and Parole in California.\"\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Judge Orders Silicon Valley Billionaire to Testify in Dispute Over Beach",
"headTitle": "Judge Orders Silicon Valley Billionaire to Testify in Dispute Over Beach | KQED",
"content": "\u003cfigure id=\"attachment_12954\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" rel=\"attachment wp-att-12954\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12954\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" alt=\"Martins Beach is home to the residents of about 45 small beach houses, all of whose leases expire in 2021. (Amy Standen/KQED)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Vinod Khosla, the Silicon Valley venture capitalist, bought the Martins Beach property for $37.5 million in 2008. (Amy Standen/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, Thursday, May 8:\u003c/strong> A San Mateo County Superior Court judge has ordered tech billionaire Vinod Khosla to testify in a lawsuit challenging \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\" target=\"_blank\" rel=\"noopener\">his decision to shut down public access\u003c/a> to a popular beach. \u003c/p>\n\u003cp>As the trial opened Thursday, San Mateo County Superior Court Judge Barbara Mallach rejected a motion to quash a subpoena for Khosla (embedded at the bottom of this article), who paid $37.5 million to buy the disputed Martin’s Beach property in 2008. Defense attorneys said the subpoena amounted to harassment and argued that the manager of the property, not Khosla, was responsible for decisions like closing off access. \u003c/p>\n\u003cp>Khosla, a cofounder of Sun Microsystems, is expected to appear in court Monday. \u003c/p>\n\u003cp>Lawyers for the Surfrider Foundation said in opening arguments Thursday that Khosla violated the California Coastal Act when he blocked access to Martins Beach, just south of Half Moon Bay. \u003c/p>\n\u003cp>“The people of the state of California passed legislation in 1976 saying that the beaches are public property,” said Surfrider attorney Joe Cotchett outside court. “We now have an individual who steps up and says I’m going to challenge that, because under my constitutional rights, I can buy a beach and close it to the public.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Defense attorney Jeffrey Essner argued that there’s no public right of access to the property because the previous owners routinely closed it for winter, private events and other occasions. \u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, May 5): \u003c/strong>\u003c/p>\n\u003cp>Attorneys for Silicon Valley billionaire Vinod Khosla have asked that the venture capitalist be excused from testifying in a \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\">public access dispute\u003c/a> over a scenic stretch of San Mateo coastline.\u003c/p>\n\u003cp>Two companies owned by Khosla, Martins Beach 1, LLC and Martins Beach 2, LLC, bought the 100-acre Martins Beach property for $37.5 million in 2008. The new owners subsequently put up a gate on the main access road and blacked out a welcome sign on Highway 1.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘He wants to hide behind a wall of lawyers.’\u003c/aside>\n\u003cp>Lawyers representing the non-profit \u003ca href=\"http://www.surfrider.org/\">Surfrider Foundation\u003c/a> allege that the gate and other work on the property violate \u003ca href=\"http://www.coastal.ca.gov/ccatc.html\">California’s Coastal Act\u003c/a>.\u003c/p>\n\u003cp>On April 29, Khosla’s attorneys filed a motion to quash Khosla’s subpoena, which would prevent plaintiffs from calling him to the stand as a witness. (The motion is embedded at the bottom of this article.)\u003c/p>\n\u003cp>“He wants to hide behind a wall of lawyers instead of coming to court and explain what he’s done,” said Mark Massara, an attorney with the Surfrider Foundation.\u003c/p>\n\u003cp>Representatives for Khosla did not respond to an interview request. But the motion states that Khosla has no “unique knowledge” about the case and therefore should not be required to testify.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘Surfrider’ s efforts …. can only be explained by an improper motive to harass.’\u003c/aside>\n\u003cp>“The Surfrider’s efforts to force Mr. Khosla to testify at trial can only be explained by an improper motive to harass, annoy, or invade the privacy of Mr. Khosla, to create some perceived leverage, or to generate publicity,” reads the motion.\u003c/p>\n\u003cp>Khosla’s attorneys have also \u003ca href=\"http://www.scribd.com/doc/222194141/Motion-for-Site-Visit-by-the-Trial-Judge\">requested a site visit\u003c/a>, which would bring both legal teams, along with the judge, to see “the unique properties” of the beach.\u003c/p>\n\u003cp>A few dozen residents still live on the beach property, but their leases expire in 2021. Khosla hasn’t commented publicly about the dispute, or revealed what he plans to do with the property.\u003c/p>\n\u003cp>The Surfrider suit is one of several attempts to preserve public access to Martins Beach, a favorite spot among local surfers. Until 2008, the beach was owned by the Deeney family, which charged visitors a $10 fee to park near the beach.\u003c/p>\n\u003cp>The trial is expected to begin on Wednesday in front of California Superior Court Judge Barbara Mallach.\u003c/p>\n\u003cp>Jerry Hill, a Democratic state senator from San Mateo, is \u003ca href=\"http://sd13.senate.ca.gov/news/2014-02-06-hill-introduce-bill-restore-public-access-martin-s-beach-near-half-moon-bay\">proposing to use eminent domain\u003c/a> to allow public access to the beach.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Motion to Quash Trial Subpoena to Khosla on Scribd\" href=\"http://www.scribd.com/doc/222194140/Motion-to-Quash-Trial-Subpoena-to-Khosla\">Motion to Quash Trial Subpoena to Khosla\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" id=\"doc_69598\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/222194140/content?start_page=1&view_mode=scroll&access_key=key-18gfqdttcr9luhx4nq0o&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_12954\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" rel=\"attachment wp-att-12954\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12954\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" alt=\"Martins Beach is home to the residents of about 45 small beach houses, all of whose leases expire in 2021. (Amy Standen/KQED)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Vinod Khosla, the Silicon Valley venture capitalist, bought the Martins Beach property for $37.5 million in 2008. (Amy Standen/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, Thursday, May 8:\u003c/strong> A San Mateo County Superior Court judge has ordered tech billionaire Vinod Khosla to testify in a lawsuit challenging \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\" target=\"_blank\" rel=\"noopener\">his decision to shut down public access\u003c/a> to a popular beach. \u003c/p>\n\u003cp>As the trial opened Thursday, San Mateo County Superior Court Judge Barbara Mallach rejected a motion to quash a subpoena for Khosla (embedded at the bottom of this article), who paid $37.5 million to buy the disputed Martin’s Beach property in 2008. Defense attorneys said the subpoena amounted to harassment and argued that the manager of the property, not Khosla, was responsible for decisions like closing off access. \u003c/p>\n\u003cp>Khosla, a cofounder of Sun Microsystems, is expected to appear in court Monday. \u003c/p>\n\u003cp>Lawyers for the Surfrider Foundation said in opening arguments Thursday that Khosla violated the California Coastal Act when he blocked access to Martins Beach, just south of Half Moon Bay. \u003c/p>\n\u003cp>“The people of the state of California passed legislation in 1976 saying that the beaches are public property,” said Surfrider attorney Joe Cotchett outside court. “We now have an individual who steps up and says I’m going to challenge that, because under my constitutional rights, I can buy a beach and close it to the public.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defense attorney Jeffrey Essner argued that there’s no public right of access to the property because the previous owners routinely closed it for winter, private events and other occasions. \u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, May 5): \u003c/strong>\u003c/p>\n\u003cp>Attorneys for Silicon Valley billionaire Vinod Khosla have asked that the venture capitalist be excused from testifying in a \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\">public access dispute\u003c/a> over a scenic stretch of San Mateo coastline.\u003c/p>\n\u003cp>Two companies owned by Khosla, Martins Beach 1, LLC and Martins Beach 2, LLC, bought the 100-acre Martins Beach property for $37.5 million in 2008. The new owners subsequently put up a gate on the main access road and blacked out a welcome sign on Highway 1.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘He wants to hide behind a wall of lawyers.’\u003c/aside>\n\u003cp>Lawyers representing the non-profit \u003ca href=\"http://www.surfrider.org/\">Surfrider Foundation\u003c/a> allege that the gate and other work on the property violate \u003ca href=\"http://www.coastal.ca.gov/ccatc.html\">California’s Coastal Act\u003c/a>.\u003c/p>\n\u003cp>On April 29, Khosla’s attorneys filed a motion to quash Khosla’s subpoena, which would prevent plaintiffs from calling him to the stand as a witness. (The motion is embedded at the bottom of this article.)\u003c/p>\n\u003cp>“He wants to hide behind a wall of lawyers instead of coming to court and explain what he’s done,” said Mark Massara, an attorney with the Surfrider Foundation.\u003c/p>\n\u003cp>Representatives for Khosla did not respond to an interview request. But the motion states that Khosla has no “unique knowledge” about the case and therefore should not be required to testify.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘Surfrider’ s efforts …. can only be explained by an improper motive to harass.’\u003c/aside>\n\u003cp>“The Surfrider’s efforts to force Mr. Khosla to testify at trial can only be explained by an improper motive to harass, annoy, or invade the privacy of Mr. Khosla, to create some perceived leverage, or to generate publicity,” reads the motion.\u003c/p>\n\u003cp>Khosla’s attorneys have also \u003ca href=\"http://www.scribd.com/doc/222194141/Motion-for-Site-Visit-by-the-Trial-Judge\">requested a site visit\u003c/a>, which would bring both legal teams, along with the judge, to see “the unique properties” of the beach.\u003c/p>\n\u003cp>A few dozen residents still live on the beach property, but their leases expire in 2021. Khosla hasn’t commented publicly about the dispute, or revealed what he plans to do with the property.\u003c/p>\n\u003cp>The Surfrider suit is one of several attempts to preserve public access to Martins Beach, a favorite spot among local surfers. Until 2008, the beach was owned by the Deeney family, which charged visitors a $10 fee to park near the beach.\u003c/p>\n\u003cp>The trial is expected to begin on Wednesday in front of California Superior Court Judge Barbara Mallach.\u003c/p>\n\u003cp>Jerry Hill, a Democratic state senator from San Mateo, is \u003ca href=\"http://sd13.senate.ca.gov/news/2014-02-06-hill-introduce-bill-restore-public-access-martin-s-beach-near-half-moon-bay\">proposing to use eminent domain\u003c/a> to allow public access to the beach.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Motion to Quash Trial Subpoena to Khosla on Scribd\" href=\"http://www.scribd.com/doc/222194140/Motion-to-Quash-Trial-Subpoena-to-Khosla\">Motion to Quash Trial Subpoena to Khosla\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" id=\"doc_69598\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/222194140/content?start_page=1&view_mode=scroll&access_key=key-18gfqdttcr9luhx4nq0o&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "UC Berkeley Students Press for Stronger Action on Sexual Assaults",
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"content": "\u003cfigure id=\"attachment_134918\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"wp-image-134918 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/2878339067_8280ebb062_b-640x426.jpg\" alt='U.C. Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/<a href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr</a>)' width=\"640\" height=\"426\">\u003cfigcaption class=\"wp-caption-text\">UC Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/\u003ca href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Berkeley students have provoked policy reforms and sparked a federal investigation into their university's handling of sexual assault cases on campus — and they're still pressing for further change.\u003c/p>\n\u003cp>They're part of a growing movement of students at universities across the country, and they're getting support from \u003ca href=\"http://ww2.kqed.org/news/2014/04/22/speier-legislation-sexual-assault-on-campus/\">Congress\u003c/a> and the \u003ca href=\"http://www.kqed.org/news/story/2014/04/30/137079/training_men_and_women_on_campus_to_speak_up_to_prevent_rape?source=npr&category=u.s.\">White House\u003c/a> to change discipline practices that they say gloss over allegations, re-traumatize victims and heavily favor the rights of the accused.\u003c/p>\n\u003cp>“I think that Cal’s been responding to sexual assault and to sexual assault survivors in a very deliberately indifferent way, honestly, for decades,” says Diva Kass, one of 31 current and former Cal students who filed a federal complaint against the school in February.\u003c/p>\n\u003cp>The movement began about a year and a half ago with well-publicized cases at Yale University and Amherst College. Then women who’d experienced similar traumas at other universities started connecting with each other on social media, teaching each other how to file complaints under the federal Title IX law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It was humiliating, and it was really a second trauma.'\u003ccite>— Diva Kass,\u003cbr>\nSexual assault survivor\u003c/cite>\u003c/aside>\n\u003cp>And the chorus of complaints spread to the University of North Carolina at Chapel Hill, Harvard College, Occidental College, the University of Southern California and more — so many that the Department of Education’s Office for Civil Rights is now investigating more than 50 schools across the country. As of last month, that includes UC Berkeley.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kass's story echoes many of those told by students at other schools. She grew up in Los Angeles and graduated from Cal in 2009. She says when she was a junior, a fellow student drugged and raped her in his fraternity bedroom.\u003c/p>\n\u003cp>“I only remember about 30 seconds or so of the actual assault,\" she recalls. \"I remember pushing the guy off of me and saying no and him not stopping, and then my memory of the night goes blank.”\u003c/p>\n\u003cp>Kass is now a law student at the University of Notre Dame. In her written testimony to the Department of Education, she says her experience with UC Berkeley went like this:\u003c/p>\n\u003cp>She struggled with fear and anxiety during the five months it took the university to hold a hearing about her claims. A university officer told Kass she couldn’t bring a lawyer or witnesses to the hearing, but when she got there, her alleged attacker had both. After she told her story, her alleged assailant got to directly interrogate her. When it was his turn to tell his side of the story, she had to leave the room.\u003c/p>\n\u003cp>“This person … completely took away my voice and violated my body,\" says Kass. \"And by allowing him to then question me about it and sort of set it up in a way where he had the control and the power of the situation again. … It was humiliating, and it was really a second trauma.”\u003c/p>\n\u003cp>The university found Kass’s alleged assailant not responsible for sexual assault. A university official told Kass that the accused could appeal the decision if he wanted, but she could not. Within a week, she was hospitalized for anxiety. His fraternity, she says, threw him a party.\u003c/p>\n\u003cp>“These stories are heartbreaking, and it just is very hard to hear that anybody on our campus would have had to endure such a difficult situation,\" says Claire Holmes, an associate vice chancellor and UC Berkeley spokeswoman.\u003c/p>\n\u003cp>[contextly_sidebar id=\"6f41fc8e274269b62a586277deb2fbfa\"]\u003c/p>\n\u003cp>She points out that Cal has recently made significant changes to its sexual assault policy and hired a survivor advocate to help victims through the process — though student activists still want them to go further.\u003c/p>\n\u003cp>Under the reforms, \u003cem>both\u003c/em> parties in a sexual assault case now can bring a lawyer and witnesses and can appeal a judicial decision, and officials must try to resolve cases within 60 days. Accused students can still directly question their accusers, as in Diva Kass’s case -- although federal guidelines explicitly discourage this practice. Cal says it will try to accommodate students who don’t feel comfortable being in the same room with their alleged attackers.\u003c/p>\n\u003cp>Besides the trauma for individuals like Diva Kass, advocates argue there’s a bigger issue of campus safety: If the judicial process is unsympathetic and ineffective, survivors won’t want to go through it. Sexual assaults will go unreported, and assailants will return to their dorm rooms.\u003c/p>\n\u003cp>That's part of what motivated Michele Dauber, a Stanford University law professor, to help lead a transformation of her school’s policies in 2010.\u003c/p>\n\u003cp>“If you have so many reported cases and so few findings of responsibility and disciplinary punishments, then you have an unchecked situation potentially of sexual assault on campus,\" Dauber says. \"You can’t guarantee the safety of your students.”\u003c/p>\n\u003cp>Nationally, researchers estimate that one in five college women suffers an actual or attempted sexual assault during her undergraduate years. The risk is especially high for freshmen and sophomores. And the vast majority of those assaults go unreported.\u003c/p>\n\u003cp>Reports appear to be low at Cal, too. The university was seeing only about six reports of sexual harassment and sexual assault annually until 2012, when the number jumped to 12. Last year it rose again to 16. But still, on a campus of 35,000 students, those numbers are small.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Students ... maybe felt that this was wrong but didn’t know that they had rights.'\u003ccite>— Professor Michele Dauber,\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>By most accounts, sexual assault has gone on mostly silently at universities for decades — until a pivotal moment came in 2011. The U.S. Department of Education issued a letter clarifying that Title IX, which prohibits sex discrimination and sexual harassment on college campuses, should also be understood to cover sexual assault. It made plain that universities that don’t act to stop such violence are breaking the law.\u003c/p>\n\u003cp>\"That letter really spurred some people to action,\" Dauber says. \"Some students who maybe felt that this was wrong but didn’t know that they had rights, and that told them that they did have rights.”\u003c/p>\n\u003cp>Now, the Department of Education’s Office for Civil Rights is investigating more than 50 schools -- and the list includes Harvard, Amherst, Occidental College and the University of Southern California.\u003c/p>\n\u003cp>There’s a reason why university policies have leaned so heavily toward the rights of the accused. It stems from cases in the 1960s when some universities expelled students for participating in civil rights protests, often without giving them any due process. The students sued, and the courts ordered schools to give accused students ample opportunity to defend themselves. That practice stuck.\u003c/p>\n\u003cp>\"If you look at that period from 1960 until almost the present day, the legal pressures that have been placed on institutions … have been almost exclusively from the perspective of the rights of accused students,\" says John Wesley Lowery. He's a professor of student affairs in higher education at Indiana University of Pennsylvania, and he’s studied student conduct systems across the country.\u003c/p>\n\u003cp>\"Only in recent years have we seen the federal government, and to a much lesser degree the courts, say 'We think there needs to be a balance here,' \" Lowery explains.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148046329&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Still, advocates for the defense caution that in trying to address survivors’ concerns, universities shouldn’t swing too far and abandon the accused students’ rights instead. Autumn Paine is an Oakland lawyer who has represented Cal students accused of sexual assault in criminal court, which is separate from the university judicial process.\u003c/p>\n\u003cp>“The person who’s being accused faces pretty significant consequences. This could ruin their academic career, this could end job prospects,\" she says. \"We want to make sure that that person has every opportunity to defend themselves.”\u003c/p>\n\u003cp>Paine says the reforms Cal has made so far sound reasonable.\u003c/p>\n\u003cp>But Sofie Karasek says they don't go far enough.\u003c/p>\n\u003cp>She’s a junior at Cal and one of the organizers of the complainants. She says she reported being assaulted — not raped — by another student in 2012. But the university resolved the matter privately with him, without conducting a formal investigation and without telling her what was going on.\u003c/p>\n\u003cp>Karasek wants Cal to provide a guaranteed right to a formal investigation, if the alleged victim wants one. And despite the reforms, she still perceives her university’s attitude toward sexual assault like this: “Don’t get raped. And if you do get raped, we’re not going to help you in any way. You’re on your own.”\u003c/p>\n\u003cp>UC Berkeley's Claire Holmes says that pains her to hear. “I certainly hope we can do a better job,\" she says. “We’re constantly reviewing and updating our policies. We want to work in coordination with our students, and I applaud these women who are incredibly brave who are trying to raise national attention to this important topic.”\u003c/p>\n\u003cp>Karasek and other Cal students recently met with California Rep. Jackie Speier (D-Hillsborough), who plans to introduce a bill this month to strengthen federal enforcement.\u003c/p>\n\u003cp>They’re part of a growing national network of students who connecting with each other on social media, teaching each other how to file federal complaints -- and even craft media strategies. And they’re not stopping until they see that universities not only change their policies on paper, but also follow through.\u003c/p>\n\u003cp>\u003cstrong>Resources\u003c/strong>\u003cbr>\n\u003ca href=\"http://endrapeoncampus.org/\">End Rape on Campus\u003c/a> (student network)\u003cbr>\n\u003ca href=\"http://knowyourix.org/\">Know Your IX\u003c/a> (student network)\u003cbr>\n\u003ca href=\"https://www.notalone.gov/\">Not Alone\u003c/a> (U.S. government portal)\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Colleges and universities currently under Title IX investigation by the Department of Education's Office for Civil Rights for their handling of sexual harassment and assault:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Arizona State University\u003c/li>\n\u003cli>Butte-Glen Community College District\u003c/li>\n\u003cli>Occidental College\u003c/li>\n\u003cli>University of California-Berkeley\u003c/li>\n\u003cli>University of Southern California\u003c/li>\n\u003cli>Regis University\u003c/li>\n\u003cli>University of Colorado at Boulder\u003c/li>\n\u003cli>University of Colorado at Denver\u003c/li>\n\u003cli>University of Denver\u003c/li>\n\u003cli>University of Connecticut\u003c/li>\n\u003cli>Catholic University of America\u003c/li>\n\u003cli>Florida State University\u003c/li>\n\u003cli>Emory University\u003c/li>\n\u003cli>University of Hawaii at Manoa\u003c/li>\n\u003cli>University of Idaho\u003c/li>\n\u003cli>Knox College\u003c/li>\n\u003cli>University of Chicago\u003c/li>\n\u003cli>Indiana University-Bloomington\u003c/li>\n\u003cli>Vincennes University\u003c/li>\n\u003cli>Boston University\u003c/li>\n\u003cli>Emerson College\u003c/li>\n\u003cli>Harvard College\u003c/li>\n\u003cli>Harvard Law\u003c/li>\n\u003cli>Amherst College\u003c/li>\n\u003cli>University of Massachusetts-Amherst\u003c/li>\n\u003cli>Frostburg State University\u003c/li>\n\u003cli>Michigan State University\u003c/li>\n\u003cli>University of Michigan-Ann Arbor\u003c/li>\n\u003cli>Guilford College\u003c/li>\n\u003cli>University of North Carolina-Chapel Hill\u003c/li>\n\u003cli>Minot State University\u003c/li>\n\u003cli>Dartmouth College\u003c/li>\n\u003cli>Princeton University\u003c/li>\n\u003cli>City University of New York - Hunter College\u003c/li>\n\u003cli>Hobart & William Smith Colleges\u003c/li>\n\u003cli>Sarah Lawrence College\u003c/li>\n\u003cli>State University of New York at Binghamton\u003c/li>\n\u003cli>Denison University\u003c/li>\n\u003cli>Ohio State University\u003c/li>\n\u003cli>Wittenberg University\u003c/li>\n\u003cli>Oklahoma State University\u003c/li>\n\u003cli>Carnegie Mellon University\u003c/li>\n\u003cli>Franklin & Marshall College\u003c/li>\n\u003cli>Pennsylvania State University\u003c/li>\n\u003cli>Swarthmore College\u003c/li>\n\u003cli>Temple University\u003c/li>\n\u003cli>Vanderbilt University\u003c/li>\n\u003cli>Southern Methodist University\u003c/li>\n\u003cli>University of Texas-Pan American\u003c/li>\n\u003cli>College of William & Mary\u003c/li>\n\u003cli>University of Virginia\u003c/li>\n\u003cli>Washington State University\u003c/li>\n\u003cli>University of Wisconsin-Whitewater\u003c/li>\n\u003cli>Bethany College\u003c/li>\n\u003cli>West Virginia School of Osteopathic Medicine\u003c/li>\n\u003c/ul>\n\n",
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"datePublished": "2014-05-05T06:00:52-07:00",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134918\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"wp-image-134918 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/2878339067_8280ebb062_b-640x426.jpg\" alt='U.C. Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/<a href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr</a>)' width=\"640\" height=\"426\">\u003cfigcaption class=\"wp-caption-text\">UC Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/\u003ca href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Berkeley students have provoked policy reforms and sparked a federal investigation into their university's handling of sexual assault cases on campus — and they're still pressing for further change.\u003c/p>\n\u003cp>They're part of a growing movement of students at universities across the country, and they're getting support from \u003ca href=\"http://ww2.kqed.org/news/2014/04/22/speier-legislation-sexual-assault-on-campus/\">Congress\u003c/a> and the \u003ca href=\"http://www.kqed.org/news/story/2014/04/30/137079/training_men_and_women_on_campus_to_speak_up_to_prevent_rape?source=npr&category=u.s.\">White House\u003c/a> to change discipline practices that they say gloss over allegations, re-traumatize victims and heavily favor the rights of the accused.\u003c/p>\n\u003cp>“I think that Cal’s been responding to sexual assault and to sexual assault survivors in a very deliberately indifferent way, honestly, for decades,” says Diva Kass, one of 31 current and former Cal students who filed a federal complaint against the school in February.\u003c/p>\n\u003cp>The movement began about a year and a half ago with well-publicized cases at Yale University and Amherst College. Then women who’d experienced similar traumas at other universities started connecting with each other on social media, teaching each other how to file complaints under the federal Title IX law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It was humiliating, and it was really a second trauma.'\u003ccite>— Diva Kass,\u003cbr>\nSexual assault survivor\u003c/cite>\u003c/aside>\n\u003cp>And the chorus of complaints spread to the University of North Carolina at Chapel Hill, Harvard College, Occidental College, the University of Southern California and more — so many that the Department of Education’s Office for Civil Rights is now investigating more than 50 schools across the country. As of last month, that includes UC Berkeley.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kass's story echoes many of those told by students at other schools. She grew up in Los Angeles and graduated from Cal in 2009. She says when she was a junior, a fellow student drugged and raped her in his fraternity bedroom.\u003c/p>\n\u003cp>“I only remember about 30 seconds or so of the actual assault,\" she recalls. \"I remember pushing the guy off of me and saying no and him not stopping, and then my memory of the night goes blank.”\u003c/p>\n\u003cp>Kass is now a law student at the University of Notre Dame. In her written testimony to the Department of Education, she says her experience with UC Berkeley went like this:\u003c/p>\n\u003cp>She struggled with fear and anxiety during the five months it took the university to hold a hearing about her claims. A university officer told Kass she couldn’t bring a lawyer or witnesses to the hearing, but when she got there, her alleged attacker had both. After she told her story, her alleged assailant got to directly interrogate her. When it was his turn to tell his side of the story, she had to leave the room.\u003c/p>\n\u003cp>“This person … completely took away my voice and violated my body,\" says Kass. \"And by allowing him to then question me about it and sort of set it up in a way where he had the control and the power of the situation again. … It was humiliating, and it was really a second trauma.”\u003c/p>\n\u003cp>The university found Kass’s alleged assailant not responsible for sexual assault. A university official told Kass that the accused could appeal the decision if he wanted, but she could not. Within a week, she was hospitalized for anxiety. His fraternity, she says, threw him a party.\u003c/p>\n\u003cp>“These stories are heartbreaking, and it just is very hard to hear that anybody on our campus would have had to endure such a difficult situation,\" says Claire Holmes, an associate vice chancellor and UC Berkeley spokeswoman.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>She points out that Cal has recently made significant changes to its sexual assault policy and hired a survivor advocate to help victims through the process — though student activists still want them to go further.\u003c/p>\n\u003cp>Under the reforms, \u003cem>both\u003c/em> parties in a sexual assault case now can bring a lawyer and witnesses and can appeal a judicial decision, and officials must try to resolve cases within 60 days. Accused students can still directly question their accusers, as in Diva Kass’s case -- although federal guidelines explicitly discourage this practice. Cal says it will try to accommodate students who don’t feel comfortable being in the same room with their alleged attackers.\u003c/p>\n\u003cp>Besides the trauma for individuals like Diva Kass, advocates argue there’s a bigger issue of campus safety: If the judicial process is unsympathetic and ineffective, survivors won’t want to go through it. Sexual assaults will go unreported, and assailants will return to their dorm rooms.\u003c/p>\n\u003cp>That's part of what motivated Michele Dauber, a Stanford University law professor, to help lead a transformation of her school’s policies in 2010.\u003c/p>\n\u003cp>“If you have so many reported cases and so few findings of responsibility and disciplinary punishments, then you have an unchecked situation potentially of sexual assault on campus,\" Dauber says. \"You can’t guarantee the safety of your students.”\u003c/p>\n\u003cp>Nationally, researchers estimate that one in five college women suffers an actual or attempted sexual assault during her undergraduate years. The risk is especially high for freshmen and sophomores. And the vast majority of those assaults go unreported.\u003c/p>\n\u003cp>Reports appear to be low at Cal, too. The university was seeing only about six reports of sexual harassment and sexual assault annually until 2012, when the number jumped to 12. Last year it rose again to 16. But still, on a campus of 35,000 students, those numbers are small.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Students ... maybe felt that this was wrong but didn’t know that they had rights.'\u003ccite>— Professor Michele Dauber,\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>By most accounts, sexual assault has gone on mostly silently at universities for decades — until a pivotal moment came in 2011. The U.S. Department of Education issued a letter clarifying that Title IX, which prohibits sex discrimination and sexual harassment on college campuses, should also be understood to cover sexual assault. It made plain that universities that don’t act to stop such violence are breaking the law.\u003c/p>\n\u003cp>\"That letter really spurred some people to action,\" Dauber says. \"Some students who maybe felt that this was wrong but didn’t know that they had rights, and that told them that they did have rights.”\u003c/p>\n\u003cp>Now, the Department of Education’s Office for Civil Rights is investigating more than 50 schools -- and the list includes Harvard, Amherst, Occidental College and the University of Southern California.\u003c/p>\n\u003cp>There’s a reason why university policies have leaned so heavily toward the rights of the accused. It stems from cases in the 1960s when some universities expelled students for participating in civil rights protests, often without giving them any due process. The students sued, and the courts ordered schools to give accused students ample opportunity to defend themselves. That practice stuck.\u003c/p>\n\u003cp>\"If you look at that period from 1960 until almost the present day, the legal pressures that have been placed on institutions … have been almost exclusively from the perspective of the rights of accused students,\" says John Wesley Lowery. He's a professor of student affairs in higher education at Indiana University of Pennsylvania, and he’s studied student conduct systems across the country.\u003c/p>\n\u003cp>\"Only in recent years have we seen the federal government, and to a much lesser degree the courts, say 'We think there needs to be a balance here,' \" Lowery explains.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148046329&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Still, advocates for the defense caution that in trying to address survivors’ concerns, universities shouldn’t swing too far and abandon the accused students’ rights instead. Autumn Paine is an Oakland lawyer who has represented Cal students accused of sexual assault in criminal court, which is separate from the university judicial process.\u003c/p>\n\u003cp>“The person who’s being accused faces pretty significant consequences. This could ruin their academic career, this could end job prospects,\" she says. \"We want to make sure that that person has every opportunity to defend themselves.”\u003c/p>\n\u003cp>Paine says the reforms Cal has made so far sound reasonable.\u003c/p>\n\u003cp>But Sofie Karasek says they don't go far enough.\u003c/p>\n\u003cp>She’s a junior at Cal and one of the organizers of the complainants. She says she reported being assaulted — not raped — by another student in 2012. But the university resolved the matter privately with him, without conducting a formal investigation and without telling her what was going on.\u003c/p>\n\u003cp>Karasek wants Cal to provide a guaranteed right to a formal investigation, if the alleged victim wants one. And despite the reforms, she still perceives her university’s attitude toward sexual assault like this: “Don’t get raped. And if you do get raped, we’re not going to help you in any way. You’re on your own.”\u003c/p>\n\u003cp>UC Berkeley's Claire Holmes says that pains her to hear. “I certainly hope we can do a better job,\" she says. “We’re constantly reviewing and updating our policies. We want to work in coordination with our students, and I applaud these women who are incredibly brave who are trying to raise national attention to this important topic.”\u003c/p>\n\u003cp>Karasek and other Cal students recently met with California Rep. Jackie Speier (D-Hillsborough), who plans to introduce a bill this month to strengthen federal enforcement.\u003c/p>\n\u003cp>They’re part of a growing national network of students who connecting with each other on social media, teaching each other how to file federal complaints -- and even craft media strategies. And they’re not stopping until they see that universities not only change their policies on paper, but also follow through.\u003c/p>\n\u003cp>\u003cstrong>Resources\u003c/strong>\u003cbr>\n\u003ca href=\"http://endrapeoncampus.org/\">End Rape on Campus\u003c/a> (student network)\u003cbr>\n\u003ca href=\"http://knowyourix.org/\">Know Your IX\u003c/a> (student network)\u003cbr>\n\u003ca href=\"https://www.notalone.gov/\">Not Alone\u003c/a> (U.S. government portal)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Colleges and universities currently under Title IX investigation by the Department of Education's Office for Civil Rights for their handling of sexual harassment and assault:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Arizona State University\u003c/li>\n\u003cli>Butte-Glen Community College District\u003c/li>\n\u003cli>Occidental College\u003c/li>\n\u003cli>University of California-Berkeley\u003c/li>\n\u003cli>University of Southern California\u003c/li>\n\u003cli>Regis University\u003c/li>\n\u003cli>University of Colorado at Boulder\u003c/li>\n\u003cli>University of Colorado at Denver\u003c/li>\n\u003cli>University of Denver\u003c/li>\n\u003cli>University of Connecticut\u003c/li>\n\u003cli>Catholic University of America\u003c/li>\n\u003cli>Florida State University\u003c/li>\n\u003cli>Emory University\u003c/li>\n\u003cli>University of Hawaii at Manoa\u003c/li>\n\u003cli>University of Idaho\u003c/li>\n\u003cli>Knox College\u003c/li>\n\u003cli>University of Chicago\u003c/li>\n\u003cli>Indiana University-Bloomington\u003c/li>\n\u003cli>Vincennes University\u003c/li>\n\u003cli>Boston University\u003c/li>\n\u003cli>Emerson College\u003c/li>\n\u003cli>Harvard College\u003c/li>\n\u003cli>Harvard Law\u003c/li>\n\u003cli>Amherst College\u003c/li>\n\u003cli>University of Massachusetts-Amherst\u003c/li>\n\u003cli>Frostburg State University\u003c/li>\n\u003cli>Michigan State University\u003c/li>\n\u003cli>University of Michigan-Ann Arbor\u003c/li>\n\u003cli>Guilford College\u003c/li>\n\u003cli>University of North Carolina-Chapel Hill\u003c/li>\n\u003cli>Minot State University\u003c/li>\n\u003cli>Dartmouth College\u003c/li>\n\u003cli>Princeton University\u003c/li>\n\u003cli>City University of New York - Hunter College\u003c/li>\n\u003cli>Hobart & William Smith Colleges\u003c/li>\n\u003cli>Sarah Lawrence College\u003c/li>\n\u003cli>State University of New York at Binghamton\u003c/li>\n\u003cli>Denison University\u003c/li>\n\u003cli>Ohio State University\u003c/li>\n\u003cli>Wittenberg University\u003c/li>\n\u003cli>Oklahoma State University\u003c/li>\n\u003cli>Carnegie Mellon University\u003c/li>\n\u003cli>Franklin & Marshall College\u003c/li>\n\u003cli>Pennsylvania State University\u003c/li>\n\u003cli>Swarthmore College\u003c/li>\n\u003cli>Temple University\u003c/li>\n\u003cli>Vanderbilt University\u003c/li>\n\u003cli>Southern Methodist University\u003c/li>\n\u003cli>University of Texas-Pan American\u003c/li>\n\u003cli>College of William & Mary\u003c/li>\n\u003cli>University of Virginia\u003c/li>\n\u003cli>Washington State University\u003c/li>\n\u003cli>University of Wisconsin-Whitewater\u003c/li>\n\u003cli>Bethany College\u003c/li>\n\u003cli>West Virginia School of Osteopathic Medicine\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "'Victory Lap' for San Francisco’s Prop. 8 Legal Team",
"title": "'Victory Lap' for San Francisco’s Prop. 8 Legal Team",
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"content": "\u003cfigure id=\"attachment_134896\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517.jpg\">\u003cimg class=\"size-medium wp-image-134896\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517-640x413.jpg\" alt=\"San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\" width=\"640\" height=\"413\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco City Attorney Dennis Herrera hosted a book signing and legal victory lap in his office Thursday afternoon. The guest of honor: New York Times writer Jo Becker, whose new book, “\u003ca href=\"http://www.nytimes.com/2014/05/01/books/forcing-the-spring-by-jo-becker.html?_r=0\" target=\"_blank\">Forcing the Spring: Inside the Fight for Marriage Equality\u003c/a>,” details the legal strategy that culminated in the U.S. Supreme Court striking down Prop. 8 and allowing same-sex couples to resume getting married here after a five-year hiatus.\u003c/p>\n\u003cp>Herrera, whose office began its legal support of same-sex marriage in 2004 — when San Francisco started issuing marriage licenses in defiance of state law — declared the book “a spellbinder” even though he witnessed much of it firsthand.\u003c/p>\n\u003cp>“As I read it, I wondered what’s going to happen on the next page,” he joked.\u003c/p>\n\u003cp>Herrera, whom the book describes as “jovial,” also admitted a little ambivalence about “Forcing the Spring.\"\u003c/p>\n\u003cp>“The book captured my anxiety and concern about my professional credibility really well,” he joked, referring to a passage in the book noting that the city attorney had not questioned a witness at trial in nine years before doing so during the Prop. 8 trial.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some of Herrera’s staff attorneys, the real local heroes of the book, recalled their shock at having a reporter present as they prepared for the case behind closed doors. “It goes against everything we learned in law school,” one told me, adding it took a while to let down their guard in front of a journalist.\u003c/p>\n\u003cp>Becker said the collaboration of conservative attorney Ted Olson with his Bush vs. Gore nemesis David Boies was what drew her to the story. She said Olson had actually turned down Prop. 8 proponents when they asked him to defend the ban on same-sex marriage.\u003c/p>\n\u003cp>When asked if Olson ever remarked on the irony of his own four marriages (his third wife, Barbara Olson, died on the 9/11 flight that crashed into the Pentagon), Becker said, \"Yeah, he and David Boies have, I think, seven marriages between them, so they joked that they're \u003cem>really\u003c/em> pro-marriage.\"\u003c/p>\n\u003cp>Becker said in exchange for the extraordinary access she got, she promised not to write anything in the New York Times until the case had made its way through the U.S. Supreme Court. When asked what she’d have done if the case had turned out differently — with a less sympathetic judge than Vaughn Walker (his personal revelations and reflections are a highlight of the book), or one who didn’t order a full trial, or a less positive outcome at the Supreme Court — Becker said she was just there to document the back story of a major civil rights case.\u003c/p>\n\u003cp>In fact, she noted that the Supreme Court’s decision invalidating Prop. 8 on technical grounds, rather the legal team’s arguments that marriage was a fundamental right for all couples regardless of sexual orientation, was considered a disappointment.\u003c/p>\n\u003cp>On the flight back to California from the East Coast after the decision was announced, Becker said, the attorneys and their plaintiffs were “a little down” because they didn’t get the sweeping 50-state ruling they always wanted.\u003c/p>\n\u003cp>“The mood changed toward the end of the flight,” she recalled, “when Adam Umhoefer of the American Foundation for Equal Rights stood up and shouted, ‘The plane has just passed into California airspace, where all of us are treated like equal citizens.’ ”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Of course, with a series of recent rulings overturning same-sex marriage bans in states like Utah and Oklahoma making their way through federal courts, they might get that 50-state ruling yet.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134896\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517.jpg\">\u003cimg class=\"size-medium wp-image-134896\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517-640x413.jpg\" alt=\"San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\" width=\"640\" height=\"413\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco City Attorney Dennis Herrera hosted a book signing and legal victory lap in his office Thursday afternoon. The guest of honor: New York Times writer Jo Becker, whose new book, “\u003ca href=\"http://www.nytimes.com/2014/05/01/books/forcing-the-spring-by-jo-becker.html?_r=0\" target=\"_blank\">Forcing the Spring: Inside the Fight for Marriage Equality\u003c/a>,” details the legal strategy that culminated in the U.S. Supreme Court striking down Prop. 8 and allowing same-sex couples to resume getting married here after a five-year hiatus.\u003c/p>\n\u003cp>Herrera, whose office began its legal support of same-sex marriage in 2004 — when San Francisco started issuing marriage licenses in defiance of state law — declared the book “a spellbinder” even though he witnessed much of it firsthand.\u003c/p>\n\u003cp>“As I read it, I wondered what’s going to happen on the next page,” he joked.\u003c/p>\n\u003cp>Herrera, whom the book describes as “jovial,” also admitted a little ambivalence about “Forcing the Spring.\"\u003c/p>\n\u003cp>“The book captured my anxiety and concern about my professional credibility really well,” he joked, referring to a passage in the book noting that the city attorney had not questioned a witness at trial in nine years before doing so during the Prop. 8 trial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some of Herrera’s staff attorneys, the real local heroes of the book, recalled their shock at having a reporter present as they prepared for the case behind closed doors. “It goes against everything we learned in law school,” one told me, adding it took a while to let down their guard in front of a journalist.\u003c/p>\n\u003cp>Becker said the collaboration of conservative attorney Ted Olson with his Bush vs. Gore nemesis David Boies was what drew her to the story. She said Olson had actually turned down Prop. 8 proponents when they asked him to defend the ban on same-sex marriage.\u003c/p>\n\u003cp>When asked if Olson ever remarked on the irony of his own four marriages (his third wife, Barbara Olson, died on the 9/11 flight that crashed into the Pentagon), Becker said, \"Yeah, he and David Boies have, I think, seven marriages between them, so they joked that they're \u003cem>really\u003c/em> pro-marriage.\"\u003c/p>\n\u003cp>Becker said in exchange for the extraordinary access she got, she promised not to write anything in the New York Times until the case had made its way through the U.S. Supreme Court. When asked what she’d have done if the case had turned out differently — with a less sympathetic judge than Vaughn Walker (his personal revelations and reflections are a highlight of the book), or one who didn’t order a full trial, or a less positive outcome at the Supreme Court — Becker said she was just there to document the back story of a major civil rights case.\u003c/p>\n\u003cp>In fact, she noted that the Supreme Court’s decision invalidating Prop. 8 on technical grounds, rather the legal team’s arguments that marriage was a fundamental right for all couples regardless of sexual orientation, was considered a disappointment.\u003c/p>\n\u003cp>On the flight back to California from the East Coast after the decision was announced, Becker said, the attorneys and their plaintiffs were “a little down” because they didn’t get the sweeping 50-state ruling they always wanted.\u003c/p>\n\u003cp>“The mood changed toward the end of the flight,” she recalled, “when Adam Umhoefer of the American Foundation for Equal Rights stood up and shouted, ‘The plane has just passed into California airspace, where all of us are treated like equal citizens.’ ”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Of course, with a series of recent rulings overturning same-sex marriage bans in states like Utah and Oklahoma making their way through federal courts, they might get that 50-state ruling yet.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>California has begun releasing some nonviolent prisoners early in order to meet a court order to ease overcrowding in the state's prison population.\u003c/p>\n\u003cp>Those early releases began two weeks ago, according to a \u003ca href=\"http://www.latimes.com/local/la-me-ff-prison-release-20140430,0,122976.story#axzz30Q7lmeSU\" target=\"_blank\">Los Angeles Times report\u003c/a> Tuesday.\u003c/p>\n\u003cp>Back in February, a panel of federal judges agreed to give Gov. Jerry Brown two more years to meet the court's inmate population targets. The state remains more than 5,000 inmates over that target.\u003c/p>\n\u003cp>The Brown administration has estimated that about 1,400 inmates would be released early over the federally granted two-year period.\u003c/p>\n\u003cp>L.A. Times reporter Paige St. John spoke with KQED's Mina Kim about the releases (listen to the interview below). St. John said the California Department of Corrections and Rehabilitation has not told her how many inmates have been released so far.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The Corrections Department has been refusing for a week to comment on this matter, and in fact, probation departments themselves were unaware they were already receiving these released prisoners until we contacted them and had them go through the intake forms of people arriving at the door,\" St. John said.\u003c/p>\n\u003cp>But the Corrections Department has to give an update to federal judges by May 15 on what it's doing, and St. John said it's likely to count those numbers in its next report. St. John also said concerns over public safety and recidivism of these early inmate releases are probably overblown.\u003c/p>\n\u003cp>\"This particular population is not expected to have a dramatic or even measurable increase on public safety or crime rates, largely because these are individuals who would be released anyway,\" St. John said. \"They're just being released sooner. And experts who had been working for the prisoners in the class-action litigation over California's prison conditions have submitted their own reports finding that there would be no impact on public safety, and in fact, might improve things by allowing people to have a goal of working toward early release by allowing them to earn good-behavior credits, encouraging them to participate in things that will give them a better chance of staying out of trouble when they're on the street.\"\u003c/p>\n\u003cp>Listen to the full interview below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/147311240\"]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California has begun releasing some nonviolent prisoners early in order to meet a court order to ease overcrowding in the state's prison population.\u003c/p>\n\u003cp>Those early releases began two weeks ago, according to a \u003ca href=\"http://www.latimes.com/local/la-me-ff-prison-release-20140430,0,122976.story#axzz30Q7lmeSU\" target=\"_blank\">Los Angeles Times report\u003c/a> Tuesday.\u003c/p>\n\u003cp>Back in February, a panel of federal judges agreed to give Gov. Jerry Brown two more years to meet the court's inmate population targets. The state remains more than 5,000 inmates over that target.\u003c/p>\n\u003cp>The Brown administration has estimated that about 1,400 inmates would be released early over the federally granted two-year period.\u003c/p>\n\u003cp>L.A. Times reporter Paige St. John spoke with KQED's Mina Kim about the releases (listen to the interview below). St. John said the California Department of Corrections and Rehabilitation has not told her how many inmates have been released so far.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The Corrections Department has been refusing for a week to comment on this matter, and in fact, probation departments themselves were unaware they were already receiving these released prisoners until we contacted them and had them go through the intake forms of people arriving at the door,\" St. John said.\u003c/p>\n\u003cp>But the Corrections Department has to give an update to federal judges by May 15 on what it's doing, and St. John said it's likely to count those numbers in its next report. St. John also said concerns over public safety and recidivism of these early inmate releases are probably overblown.\u003c/p>\n\u003cp>\"This particular population is not expected to have a dramatic or even measurable increase on public safety or crime rates, largely because these are individuals who would be released anyway,\" St. John said. \"They're just being released sooner. And experts who had been working for the prisoners in the class-action litigation over California's prison conditions have submitted their own reports finding that there would be no impact on public safety, and in fact, might improve things by allowing people to have a goal of working toward early release by allowing them to earn good-behavior credits, encouraging them to participate in things that will give them a better chance of staying out of trouble when they're on the street.\"\u003c/p>\n\u003cp>Listen to the full interview below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='undefined' height='undefined'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/147311240&visual=true&undefined'\n title='https://api.soundcloud.com/tracks/147311240'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Obamacare in Jail: How San Francisco Policy Helps Inmates",
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"content": "\u003cfigure id=\"attachment_18958\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"https://www.flickr.com/photos/thomashawk/3396042806/in/photolist-hKr7ZG-NyYN7-Q4Sue-8BJVgU-NyYVm-efaaEg-effU5b-efa9kz-efaafp-effSPE-effS5L-NzrB4-NyZ2o-6b6Bdb-ba34VP-ba35eF-o4dSz-YteKt-9PtxFt-516wLR-51aJB5-kEtxz-6mvNzB-6Gh5QT-51aLt1-5GCTEz-fNW3uU-6GkWYj-6GkUN7-6Gm7rd-itxXGM-8rRNtd-6Gh31B-8rNHLR-er2Fr7-8rNHgH-8rRNyN-8rRPuY-8rNJdD-8rRNom-8rNHBn-8rRNJq-8rNHuB-8rRNgY-eZbpkD-6Gm3BC-6GgYiz-arK7kf-ba3aYt-97TLvP\">\u003cimg class=\"size-large wp-image-18958\" title=\"\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2014/04/3396042806_104f70f704_b-640x376.jpg\" alt=\"A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\" width=\"640\" height=\"376\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco Sheriff's Department is implementing a new city law allowing its staff to enroll inmates into health insurance under the Affordable Care Act. Sheriff Ross Mirkarimi believes that making sure people have health coverage when they're released will help prevent them from committing another crime and coming back.\u003c/p>\n\u003cp>“I believe that will go a long way to helping us improve public safety by using a public health strategy,” he said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Health insurance sign-ups available to all inmates at the San Francisco county jail.\u003c/aside>\n\u003cp>He estimates this will help save taxpayers millions of dollars.\u003c/p>\n\u003cp>One inmate – Sophia – recently requested help signing up for health insurance. Sophia, who asked that her last name not be used, was caught driving a stolen car in January and sentenced to three months in the county jail. She says that was because she stopped getting treatment for her substance abuse and mental health problems when her health insurance expired.\u003c!--more-->\u003c/p>\n\u003cp>“It stopped in December. And I didn’t get it reinstated. So I didn’t address any of my issues and I guess that’s why I found myself in a car, driving around,” she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She thought she might not do that again if she could get back on a health plan. She asked the jail if they could help her find one. Tanya Mara, the director of the health division of jail reentry services, came to walk her through the process of applying for health insurance.\u003c/p>\n\u003cp>“Prior to your arrest, did you have an income?\" Mara asked Sophia. \"Does your income change from month to month? What do you expect your income to be for 2014?”\u003c/p>\n\u003cp>Mara quickly identified a program for Sophia.\u003c/p>\n\u003cp>“You would likely qualify for Medi-Cal,” she says. “With the Affordable Care Act, you can now qualify for Medi-Cal based on income.” Medi-Cal is California's version of Medicaid, health insurance for people who are low income.\u003c/p>\n\u003cp>Obamacare has changed two key things for the formerly incarcerated. First, it expanded Medicaid to include childless adults. That means most prisoners will now qualify for the free government health coverage when they get out. Second, all plans must now cover treatment for mental health and substance use disorders –- problems that affect more than half the people in prison or jail, according to a report by the U.S. Department of Justice.\u003c/p>\n\u003cp>\u003cstrong>\"Captive Audience\" for Enrollment\u003c/strong>\u003c/p>\n\u003cp>Pretty soon, health insurance sign-ups like Sophia’s will happen for all inmates at the San Francisco county jail -- whether they request it or not. And they’ll happen right when most new arrivals get booked into custody.\u003c/p>\n\u003cp>“You have a captive audience,” Sheriff Mirkarimi said. He wants to make sure the 30,000 prisoners who come through the jail system every year are covered on the day they’re released.\u003c/p>\n\u003cp>The sheriff was behind the new city law. It authorizes his staff to enroll people into health care plans under the Affordable Care Act, 24 hours a day, 7 days a week. Other counties and states are exploring similar efforts for people exiting jail or prison.\u003c/p>\n\u003cp>But Mirkarimi acknowledges that getting coverage is just one small step. Just because someone has a newly minted Medi-Cal card doesn't mean they'll know how to use it.\u003c/p>\n\u003cp>“No, they’re going to have to demonstrate the wherewithal and resourcefulness to use that Medi-Cal card,” he said. “We, and our staff, help them get ready. But ultimately, it’s on them.”\u003c/p>\n\u003cp>That’s not how Wanda Fain sees it. She was just released from state prison after 21 years behind bars. Everything is new to her. Getting on and off escalators is weird. Mobile phones are a new concept. She says she needs a friend just to help her ride the bus.\u003c/p>\n\u003cp>“They tell me what bus we on, they tell me what stops to get off,” she said, “what specific things to look for so I won’t miss a stop.”\u003c/p>\n\u003cp>Don’t even get her started on housing.\u003c/p>\n\u003cp>“Us parolees, we can’t leave San Francisco. But at the same token, we can’t afford to stay in San Francisco,” she said. “Cause it’s, what ,$4,000 for a one bedroom? Who coming out of prison got that money?”\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/147255043&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Navigating the health care system is even more confusing. Fain has seizures, lymphoma, and bipolar disorder. In prison, the guards regulated all of her care for her. She wasn't allowed to eat a meal until she took her meds. But on the outside, it's up to her to find the right doctor, the right pharmacy –- and to figure out which four buses she needs to take to get there.\u003c/p>\n\u003cp>“It's little things like that that people think are so easy,\" she said, shaking her head. “They are so overwhelming.”\u003c/p>\n\u003cp>If Sheriff Mirkarimi's plan is going to work, people getting out of jail are going to need help on the other side.\u003c/p>\n\u003cp>\u003cstrong>Clinic Helps Former Prisoners Navigate Health Care System\u003c/strong>\u003c/p>\n\u003cp>Most inmates leaving jail or prison are like Fain and have several chronic conditions. And most are so focused on other things that they rarely get medical help until things are so bad that they end up in the Emergency Room.\u003c/p>\n\u003cp>“These are really some of the sickest patients we see in our system,” said Shira Shavit, a family doctor in San Francisco. “They have high rates of hospitalization, very high rates of using the emergency room, and also very high rates of death.”\u003c/p>\n\u003cp>Dr. Shavit is trying to shift those trends. She’s the director of The Transitions Clinic, a specialized program designed for former prisoners, where doctors, psychiatrists, and social workers all consult together on the same patients. But its key staff are community health workers who have all spent time behind bars, too; people like Juanita Alvarado who help patients with all the tasks that would otherwise get in the way of caring for their health -- applying for housing, social security, finding a job, printing out paperwork or bus maps.\u003c/p>\n\u003cp>“Basically holding their hands in the first few weeks after they’re out,” Alvarado said.\u003c/p>\n\u003cp>She keeps the bookshelf behind her desk stocked with soup, breakfast bars, peanut butter, and tuna fish. A lot of their patients are denied food stamps because of drug convictions and have trouble finding affordable groceries.\u003c/p>\n\u003cp>“So I hook them up with a little bag,” Alvarado said.\u003c/p>\n\u003cp>The one-stop-shop approach works. Transition program patients show up for their appointments at higher rates than other patients, and, Dr. Shavit says ER use among their patients has dropped by 50 percent.\u003c/p>\n\u003cp>That caught the attention of the federal government, which foots a lot of those ER bills with taxpayer dollars. It gave the clinic a special $6.8 million \u003ca href=\"http://innovation.cms.gov/initiatives/Health-Care-Innovation-Awards/California.html\" target=\"_blank\">innovation grant\u003c/a> created under the Affordable Care Act to expand the concept beyond San Francisco. The team is using the money to help 11 clinics in six states and Puerto Rico hire and train former prisoners to staff similar programs. Federal health officials believe this will ultimately save $8 million.\u003c/p>\n\u003cp>The even broader goal – for both Mirkarimi’s plan and the Transitions Clinic – is that health care will help keep people from going back to jail or prison. Recidivism rates have dipped in recent years, but they are still high – 61 percent of people who leave a California prison return within three years. For people on parole or probation in San Francisco, the rate is even higher.\u003c/p>\n\u003cp>Wanda Fain feels like she’s just skirting those statistics. She lives a short walk away from the Transitions Clinic and comes often to get help with a range of tasks and health issues.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“If I didn't have Juanita Alvarado, or Dr. Shavit, or any of them, I’d be in – I don’t know where I’d be,” she said. “Probably on my way back.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_18958\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"https://www.flickr.com/photos/thomashawk/3396042806/in/photolist-hKr7ZG-NyYN7-Q4Sue-8BJVgU-NyYVm-efaaEg-effU5b-efa9kz-efaafp-effSPE-effS5L-NzrB4-NyZ2o-6b6Bdb-ba34VP-ba35eF-o4dSz-YteKt-9PtxFt-516wLR-51aJB5-kEtxz-6mvNzB-6Gh5QT-51aLt1-5GCTEz-fNW3uU-6GkWYj-6GkUN7-6Gm7rd-itxXGM-8rRNtd-6Gh31B-8rNHLR-er2Fr7-8rNHgH-8rRNyN-8rRPuY-8rNJdD-8rRNom-8rNHBn-8rRNJq-8rNHuB-8rRNgY-eZbpkD-6Gm3BC-6GgYiz-arK7kf-ba3aYt-97TLvP\">\u003cimg class=\"size-large wp-image-18958\" title=\"\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2014/04/3396042806_104f70f704_b-640x376.jpg\" alt=\"A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\" width=\"640\" height=\"376\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco Sheriff's Department is implementing a new city law allowing its staff to enroll inmates into health insurance under the Affordable Care Act. Sheriff Ross Mirkarimi believes that making sure people have health coverage when they're released will help prevent them from committing another crime and coming back.\u003c/p>\n\u003cp>“I believe that will go a long way to helping us improve public safety by using a public health strategy,” he said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Health insurance sign-ups available to all inmates at the San Francisco county jail.\u003c/aside>\n\u003cp>He estimates this will help save taxpayers millions of dollars.\u003c/p>\n\u003cp>One inmate – Sophia – recently requested help signing up for health insurance. Sophia, who asked that her last name not be used, was caught driving a stolen car in January and sentenced to three months in the county jail. She says that was because she stopped getting treatment for her substance abuse and mental health problems when her health insurance expired.\u003c!--more-->\u003c/p>\n\u003cp>“It stopped in December. And I didn’t get it reinstated. So I didn’t address any of my issues and I guess that’s why I found myself in a car, driving around,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She thought she might not do that again if she could get back on a health plan. She asked the jail if they could help her find one. Tanya Mara, the director of the health division of jail reentry services, came to walk her through the process of applying for health insurance.\u003c/p>\n\u003cp>“Prior to your arrest, did you have an income?\" Mara asked Sophia. \"Does your income change from month to month? What do you expect your income to be for 2014?”\u003c/p>\n\u003cp>Mara quickly identified a program for Sophia.\u003c/p>\n\u003cp>“You would likely qualify for Medi-Cal,” she says. “With the Affordable Care Act, you can now qualify for Medi-Cal based on income.” Medi-Cal is California's version of Medicaid, health insurance for people who are low income.\u003c/p>\n\u003cp>Obamacare has changed two key things for the formerly incarcerated. First, it expanded Medicaid to include childless adults. That means most prisoners will now qualify for the free government health coverage when they get out. Second, all plans must now cover treatment for mental health and substance use disorders –- problems that affect more than half the people in prison or jail, according to a report by the U.S. Department of Justice.\u003c/p>\n\u003cp>\u003cstrong>\"Captive Audience\" for Enrollment\u003c/strong>\u003c/p>\n\u003cp>Pretty soon, health insurance sign-ups like Sophia’s will happen for all inmates at the San Francisco county jail -- whether they request it or not. And they’ll happen right when most new arrivals get booked into custody.\u003c/p>\n\u003cp>“You have a captive audience,” Sheriff Mirkarimi said. He wants to make sure the 30,000 prisoners who come through the jail system every year are covered on the day they’re released.\u003c/p>\n\u003cp>The sheriff was behind the new city law. It authorizes his staff to enroll people into health care plans under the Affordable Care Act, 24 hours a day, 7 days a week. Other counties and states are exploring similar efforts for people exiting jail or prison.\u003c/p>\n\u003cp>But Mirkarimi acknowledges that getting coverage is just one small step. Just because someone has a newly minted Medi-Cal card doesn't mean they'll know how to use it.\u003c/p>\n\u003cp>“No, they’re going to have to demonstrate the wherewithal and resourcefulness to use that Medi-Cal card,” he said. “We, and our staff, help them get ready. But ultimately, it’s on them.”\u003c/p>\n\u003cp>That’s not how Wanda Fain sees it. She was just released from state prison after 21 years behind bars. Everything is new to her. Getting on and off escalators is weird. Mobile phones are a new concept. She says she needs a friend just to help her ride the bus.\u003c/p>\n\u003cp>“They tell me what bus we on, they tell me what stops to get off,” she said, “what specific things to look for so I won’t miss a stop.”\u003c/p>\n\u003cp>Don’t even get her started on housing.\u003c/p>\n\u003cp>“Us parolees, we can’t leave San Francisco. But at the same token, we can’t afford to stay in San Francisco,” she said. “Cause it’s, what ,$4,000 for a one bedroom? Who coming out of prison got that money?”\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/147255043&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Navigating the health care system is even more confusing. Fain has seizures, lymphoma, and bipolar disorder. In prison, the guards regulated all of her care for her. She wasn't allowed to eat a meal until she took her meds. But on the outside, it's up to her to find the right doctor, the right pharmacy –- and to figure out which four buses she needs to take to get there.\u003c/p>\n\u003cp>“It's little things like that that people think are so easy,\" she said, shaking her head. “They are so overwhelming.”\u003c/p>\n\u003cp>If Sheriff Mirkarimi's plan is going to work, people getting out of jail are going to need help on the other side.\u003c/p>\n\u003cp>\u003cstrong>Clinic Helps Former Prisoners Navigate Health Care System\u003c/strong>\u003c/p>\n\u003cp>Most inmates leaving jail or prison are like Fain and have several chronic conditions. And most are so focused on other things that they rarely get medical help until things are so bad that they end up in the Emergency Room.\u003c/p>\n\u003cp>“These are really some of the sickest patients we see in our system,” said Shira Shavit, a family doctor in San Francisco. “They have high rates of hospitalization, very high rates of using the emergency room, and also very high rates of death.”\u003c/p>\n\u003cp>Dr. Shavit is trying to shift those trends. She’s the director of The Transitions Clinic, a specialized program designed for former prisoners, where doctors, psychiatrists, and social workers all consult together on the same patients. But its key staff are community health workers who have all spent time behind bars, too; people like Juanita Alvarado who help patients with all the tasks that would otherwise get in the way of caring for their health -- applying for housing, social security, finding a job, printing out paperwork or bus maps.\u003c/p>\n\u003cp>“Basically holding their hands in the first few weeks after they’re out,” Alvarado said.\u003c/p>\n\u003cp>She keeps the bookshelf behind her desk stocked with soup, breakfast bars, peanut butter, and tuna fish. A lot of their patients are denied food stamps because of drug convictions and have trouble finding affordable groceries.\u003c/p>\n\u003cp>“So I hook them up with a little bag,” Alvarado said.\u003c/p>\n\u003cp>The one-stop-shop approach works. Transition program patients show up for their appointments at higher rates than other patients, and, Dr. Shavit says ER use among their patients has dropped by 50 percent.\u003c/p>\n\u003cp>That caught the attention of the federal government, which foots a lot of those ER bills with taxpayer dollars. It gave the clinic a special $6.8 million \u003ca href=\"http://innovation.cms.gov/initiatives/Health-Care-Innovation-Awards/California.html\" target=\"_blank\">innovation grant\u003c/a> created under the Affordable Care Act to expand the concept beyond San Francisco. The team is using the money to help 11 clinics in six states and Puerto Rico hire and train former prisoners to staff similar programs. Federal health officials believe this will ultimately save $8 million.\u003c/p>\n\u003cp>The even broader goal – for both Mirkarimi’s plan and the Transitions Clinic – is that health care will help keep people from going back to jail or prison. Recidivism rates have dipped in recent years, but they are still high – 61 percent of people who leave a California prison return within three years. For people on parole or probation in San Francisco, the rate is even higher.\u003c/p>\n\u003cp>Wanda Fain feels like she’s just skirting those statistics. She lives a short walk away from the Transitions Clinic and comes often to get help with a range of tasks and health issues.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cfigure id=\"attachment_134492\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-134492\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o-640x426.jpg\" alt=\"Roughly 90% of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\" width=\"400\" height=\"266\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Roughly 90 percent of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday, April 30: \u003c/strong> The two-hour oral arguments in Riley v. California at the Supreme Court on Tuesday were, according to press accounts, lively.\u003c/p>\n\u003cp>The more liberal justices (Kagan, Sotomayor, Breyer and Ginsburg) seemed most concerned about warrantless searches of cellphones.\u003c/p>\n\u003cp>“People carry their lives on cellphones,” said Justice Kagan at one point.\u003c/p>\n\u003cp>Justice Anthony Kennedy, who is often the SCOTUS tiebreaker, and Justice Antonin Scalia both indicated interest in some kind of “middle ground” decision.\u003c/p>\n\u003cp>“It seems absurd you should be able to search that person’s iPhone because of an arrest for a minor crime,” Scalia said. Those kinds of comments suggested an ultimate decision short of a “bright line” all-or-nothing ruling, such as “you must have a warrant to search a cell phone at any time for any reason.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The justices, who are sometimes portrayed as “less than with it” when it comes to technology (will there ever be cameras in the courtroom?) seemed to go out of their way to show their hipness.\u003c/p>\n\u003cp>Chief Justice John Roberts wondered if some data on cellphones might not be legally protected, given how public it already is. “What about something (from) Facebook or Twitter? The privacy interest in a Facebook account is at least diminished,” he said. Someone out there is sure to have “liked” that comment.\u003c/p>\n\u003cp>Here’s some of the coverage of the arguments:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>SCOTUSBlog:\u003c/strong> \u003ca href=\"http://www.scotusblog.com/2014/04/argument-analysis-limiting-a-search-sure-but-how/\" target=\"_blank\" rel=\"noopener\">Argument analysis: Limiting a search? Sure, but how?\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>NPR’s Nina Totenberg:\u003c/strong> \u003ca href=\"http://www.npr.org/2014/04/29/308068253/supreme-court-considers-where-lines-drawn-in-cell-phone-searches?utm_campaign=storyshare&utm_source=share&utm_medium=twitter\" target=\"_blank\" rel=\"noopener\">Court struggles to adapt modern technology to traditional legal rules\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>New York Times:\u003c/strong> \u003ca href=\"http://www.nytimes.com/2014/04/30/us/justices-seem-torn-on-cellphone-warrants.html?ref=us&_r=1\" target=\"_blank\" rel=\"noopener\">Justices Appear Divided on Cellphone Warrants\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>Truthdig: \u003c/strong>\u003ca href=\"http://www.truthdig.com/report/item/two_felons_could_force_the_supreme_court_to_protect_privacy_in_the_digital_\" target=\"_blank\" rel=\"noopener\">Two felons could force the Supreme Court to protect privacy in the digital age\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A ruling on the issue is expected by the end of June.\u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, April 28):\u003c/strong> Early one morning in 2009, college student David Riley was pulled over by San Diego police. Riley’s plates had expired tags and he was driving with a suspended license.\u003c/p>\n\u003cp>In the course of searching his car, the police found two concealed and loaded handguns.\u003c/p>\n\u003cp>Riley was placed under arrest and the officer took a Samsung smartphone from his pocket. That phone — and everything stored on it — was later searched by the police without a warrant. The contents of the phone were used to connect Riley to gang activity, leading to several charges, including attempted murder. He was sentenced to 15 years to life.\u003c/p>\n\u003cp>\u003ca href=\"http://www.law.stanford.edu/profile/jeffrey-l-fisher\" target=\"_blank\" rel=\"noopener\">Stanford Law Professor Jeff Fisher\u003c/a>, who is Riley’s attorney, explains that police “found photographs and videos of Mr. Riley near a red car — a car that had been involved in an altercation where shots were fired.”\u003c/p>\n\u003cp>His conviction and the warrantless phone search were later upheld by the California Supreme Court, which had previously ruled that such searches are constitutional. Now Riley is asking the U.S. Supreme Court to declare that such searches violate the Fourth Amendment’s ban on “unreasonable searches and seizures.” The case will be heard Tuesday.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146960041&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>“A cellphone is, in essence, a portal into the most private and sensitive information in our lives,” Fisher says. “Our work, our personal life, our banking, our medical records — all the way down the line.”\u003c/p>\n\u003cp>In its \u003ca href=\"http://www.volokh.com/wp-content/uploads/2013/08/Riley-cert-petition-final-1.pdf\" target=\"_blank\" rel=\"noopener\">brief to the Supreme Court\u003c/a>, the government contends the Fourth Amendment \u003cem>allows\u003c/em> the search of objects found on someone arrested, including a cellphone. That information, they argue, “is not different in kind from wallets, address books, personal papers and other items that have long been subject to examination.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘A cellphone is, in essence, a portal into the most private and sensitive information in our lives.’\u003ccite>— Professor Jeff Fisher\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>Law enforcement groups agree. Richard Littlehale represents the \u003ca href=\"https://www.ascia.org\" target=\"_blank\" rel=\"noopener\">Association of State Criminal Investigative Agencies\u003c/a>, part of a consortium of groups asking the court to uphold these searches. Littlehale says that in the future more and more evidence is going to be found in digital formats. Unless police are allowed to immediately search a smartphone, he says, evidence could be lost forever.\u003c/p>\n\u003cp>“We need to get out there more and explain why we need these records and make our case to the courts and make our case to the public that this evidence is important in our quest to protect them,” Littlehale says.\u003c/p>\n\u003cp>Privacy advocates say the fear of losing potential evidence is overblown, arguing that there are ways to preserve the information on cellphones until the police have a search warrant. They argue that the amount and sensitivity of information stored on cellphones require a higher level of privacy.\u003c/p>\n\u003cp>In addition to \u003ca href=\"http://www.scotusblog.com/case-files/cases/riley-v-california/\" target=\"_blank\" rel=\"noopener\">Riley v. California\u003c/a>, the Supreme Court on Tuesday will also hear a second case, \u003ca href=\"http://media.ca1.uscourts.gov/pdf.opinions/11-1792P-01A.pdf\" target=\"_blank\" rel=\"noopener\">U.S. v. Wurie\u003c/a>, arising from a 2007 Boston case in which police searched the call log of a flip phone, leading to gun and drug charges. Last year, a federal appeals court ruled that evidence was obtained illegally, the opposite finding to the California case.\u003c/p>\n\u003cp>The pervasiveness of mobile phones — nine out of 10 adults in the U.S. have cellphones — make these cases the most important in the Supreme Court’s criminal docket this term, according to UC Hastings Law Professor Rory Little.\u003c/p>\n\u003cp>“These cases have been sort of brewing for years,” Little says. “How’s the Fourth Amendment going to be applied in the 21st century when the framers had no conception of any of the technology that we now have to deal with?”\u003c/p>\n\u003cp>Unlike some issues, Little says, this one may not break along the usual liberal-conservative lines. For example, conservative Justice Antonin Scalia often expresses concern about law enforcement’s encroachment on personal privacy.\u003c/p>\n\u003cp>In the end, Little says, the court may not issue a sweeping decision. “My prediction is they will move incrementally. They won’t decide a case which then decides every issue for the future.”\u003c/p>\n\u003cp>\u003cem>Watch Scott Shafer’s interview with UC Hastings Law Professor Rory Little and San Jose Mercury News Reporter Michelle Quinn, on “KQED Newsroom.”\u003c/em>\u003c/p>\n\u003cdiv class=\"single-video\">[youtube http://www.youtube.com/watch?v=4hEaiqvOutk&w=560&h=315]\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://www.kqed.org/tv/programs/newsroom/\" target=\"_blank\" rel=\"noopener\">KQED NEWSROOM\u003c/a> is a weekly news magazine program on television, radio and online. Watch Fridays at 8 p.m. on KQED Public Television 9, listen on Sundays at 6 p.m. on KQED Public Radio 88.5 FM and watch on demand \u003ca href=\"http://www.kqed.org/tv/programs/newsroom/\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134492\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-134492\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o-640x426.jpg\" alt=\"Roughly 90% of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\" width=\"400\" height=\"266\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Roughly 90 percent of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday, April 30: \u003c/strong> The two-hour oral arguments in Riley v. California at the Supreme Court on Tuesday were, according to press accounts, lively.\u003c/p>\n\u003cp>The more liberal justices (Kagan, Sotomayor, Breyer and Ginsburg) seemed most concerned about warrantless searches of cellphones.\u003c/p>\n\u003cp>“People carry their lives on cellphones,” said Justice Kagan at one point.\u003c/p>\n\u003cp>Justice Anthony Kennedy, who is often the SCOTUS tiebreaker, and Justice Antonin Scalia both indicated interest in some kind of “middle ground” decision.\u003c/p>\n\u003cp>“It seems absurd you should be able to search that person’s iPhone because of an arrest for a minor crime,” Scalia said. Those kinds of comments suggested an ultimate decision short of a “bright line” all-or-nothing ruling, such as “you must have a warrant to search a cell phone at any time for any reason.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The justices, who are sometimes portrayed as “less than with it” when it comes to technology (will there ever be cameras in the courtroom?) seemed to go out of their way to show their hipness.\u003c/p>\n\u003cp>Chief Justice John Roberts wondered if some data on cellphones might not be legally protected, given how public it already is. “What about something (from) Facebook or Twitter? The privacy interest in a Facebook account is at least diminished,” he said. Someone out there is sure to have “liked” that comment.\u003c/p>\n\u003cp>Here’s some of the coverage of the arguments:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>SCOTUSBlog:\u003c/strong> \u003ca href=\"http://www.scotusblog.com/2014/04/argument-analysis-limiting-a-search-sure-but-how/\" target=\"_blank\" rel=\"noopener\">Argument analysis: Limiting a search? Sure, but how?\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>NPR’s Nina Totenberg:\u003c/strong> \u003ca href=\"http://www.npr.org/2014/04/29/308068253/supreme-court-considers-where-lines-drawn-in-cell-phone-searches?utm_campaign=storyshare&utm_source=share&utm_medium=twitter\" target=\"_blank\" rel=\"noopener\">Court struggles to adapt modern technology to traditional legal rules\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>New York Times:\u003c/strong> \u003ca href=\"http://www.nytimes.com/2014/04/30/us/justices-seem-torn-on-cellphone-warrants.html?ref=us&_r=1\" target=\"_blank\" rel=\"noopener\">Justices Appear Divided on Cellphone Warrants\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>Truthdig: \u003c/strong>\u003ca href=\"http://www.truthdig.com/report/item/two_felons_could_force_the_supreme_court_to_protect_privacy_in_the_digital_\" target=\"_blank\" rel=\"noopener\">Two felons could force the Supreme Court to protect privacy in the digital age\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A ruling on the issue is expected by the end of June.\u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, April 28):\u003c/strong> Early one morning in 2009, college student David Riley was pulled over by San Diego police. Riley’s plates had expired tags and he was driving with a suspended license.\u003c/p>\n\u003cp>In the course of searching his car, the police found two concealed and loaded handguns.\u003c/p>\n\u003cp>Riley was placed under arrest and the officer took a Samsung smartphone from his pocket. That phone — and everything stored on it — was later searched by the police without a warrant. The contents of the phone were used to connect Riley to gang activity, leading to several charges, including attempted murder. He was sentenced to 15 years to life.\u003c/p>\n\u003cp>\u003ca href=\"http://www.law.stanford.edu/profile/jeffrey-l-fisher\" target=\"_blank\" rel=\"noopener\">Stanford Law Professor Jeff Fisher\u003c/a>, who is Riley’s attorney, explains that police “found photographs and videos of Mr. Riley near a red car — a car that had been involved in an altercation where shots were fired.”\u003c/p>\n\u003cp>His conviction and the warrantless phone search were later upheld by the California Supreme Court, which had previously ruled that such searches are constitutional. Now Riley is asking the U.S. Supreme Court to declare that such searches violate the Fourth Amendment’s ban on “unreasonable searches and seizures.” The case will be heard Tuesday.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146960041&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>“A cellphone is, in essence, a portal into the most private and sensitive information in our lives,” Fisher says. “Our work, our personal life, our banking, our medical records — all the way down the line.”\u003c/p>\n\u003cp>In its \u003ca href=\"http://www.volokh.com/wp-content/uploads/2013/08/Riley-cert-petition-final-1.pdf\" target=\"_blank\" rel=\"noopener\">brief to the Supreme Court\u003c/a>, the government contends the Fourth Amendment \u003cem>allows\u003c/em> the search of objects found on someone arrested, including a cellphone. That information, they argue, “is not different in kind from wallets, address books, personal papers and other items that have long been subject to examination.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘A cellphone is, in essence, a portal into the most private and sensitive information in our lives.’\u003ccite>— Professor Jeff Fisher\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>Law enforcement groups agree. Richard Littlehale represents the \u003ca href=\"https://www.ascia.org\" target=\"_blank\" rel=\"noopener\">Association of State Criminal Investigative Agencies\u003c/a>, part of a consortium of groups asking the court to uphold these searches. Littlehale says that in the future more and more evidence is going to be found in digital formats. Unless police are allowed to immediately search a smartphone, he says, evidence could be lost forever.\u003c/p>\n\u003cp>“We need to get out there more and explain why we need these records and make our case to the courts and make our case to the public that this evidence is important in our quest to protect them,” Littlehale says.\u003c/p>\n\u003cp>Privacy advocates say the fear of losing potential evidence is overblown, arguing that there are ways to preserve the information on cellphones until the police have a search warrant. They argue that the amount and sensitivity of information stored on cellphones require a higher level of privacy.\u003c/p>\n\u003cp>In addition to \u003ca href=\"http://www.scotusblog.com/case-files/cases/riley-v-california/\" target=\"_blank\" rel=\"noopener\">Riley v. California\u003c/a>, the Supreme Court on Tuesday will also hear a second case, \u003ca href=\"http://media.ca1.uscourts.gov/pdf.opinions/11-1792P-01A.pdf\" target=\"_blank\" rel=\"noopener\">U.S. v. Wurie\u003c/a>, arising from a 2007 Boston case in which police searched the call log of a flip phone, leading to gun and drug charges. Last year, a federal appeals court ruled that evidence was obtained illegally, the opposite finding to the California case.\u003c/p>\n\u003cp>The pervasiveness of mobile phones — nine out of 10 adults in the U.S. have cellphones — make these cases the most important in the Supreme Court’s criminal docket this term, according to UC Hastings Law Professor Rory Little.\u003c/p>\n\u003cp>“These cases have been sort of brewing for years,” Little says. “How’s the Fourth Amendment going to be applied in the 21st century when the framers had no conception of any of the technology that we now have to deal with?”\u003c/p>\n\u003cp>Unlike some issues, Little says, this one may not break along the usual liberal-conservative lines. For example, conservative Justice Antonin Scalia often expresses concern about law enforcement’s encroachment on personal privacy.\u003c/p>\n\u003cp>In the end, Little says, the court may not issue a sweeping decision. “My prediction is they will move incrementally. They won’t decide a case which then decides every issue for the future.”\u003c/p>\n\u003cp>\u003cem>Watch Scott Shafer’s interview with UC Hastings Law Professor Rory Little and San Jose Mercury News Reporter Michelle Quinn, on “KQED Newsroom.”\u003c/em>\u003c/p>\n\u003cdiv class=\"single-video\">\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4hEaiqvOutk'\n title='//www.youtube.com/embed/4hEaiqvOutk'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>State budget negotiations will intensify after Gov. Jerry Brown releases his revised spending plan in mid-May. And the leader of California’s judicial branch wants to make sure the state’s courts get an increased share of funding. \u003c/p>\n\u003cp>Brown has proposed adding $105 million to the courts next year, which have seen years of deep budget cuts. But California Chief Justice Tani Cantil-Sakauye says the courts will need much, much more to adequately serve the public.\u003c/p>\n\u003cp>“In order to maintain that status quo — lines out the door, the delay, the closures — we need $266 million simply to maintain the status quo, which in my mind is substandard,” Cantil-Sakauye says. She spoke to KQED’s Mina Kim in an extended interview (embedded below) on Tuesday. \u003c/p>\n\u003cp>Given more than $1 billion in reductions to the judicial branch since 2008-2009, she says, more than 50 courthouses and 200 courtrooms have been closed. The cuts have also led to more than 3,900 layoffs in courts around the state.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘There are people who are going to court and being turned away … people who are coming upon closed courthouses, people who are having their cases shelved.’\u003ccite>Chief Justice Tani Cantil-Sakauye\u003c/cite>\u003c/aside>\n\u003cp>“You know that we were a partner to the tune of $1 billion in cuts,” Cantil-Sakauye says. “Now we’re looking for restoration, and the governor’s budget of $105 million, compared to $1 billion in cuts over the years, just quite frankly isn’t sufficient.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Cantil-Sakauye says the cuts have degraded the quality of justice available to ordinary Californians. \u003c/p>\n\u003cp>“I think there are invisible voices out there,” Cantil-Sakauye said. “There are people who are going to court and being turned away. There are people who are coming upon closed courthouses, people who are having their cases shelved until we have more resources to address them. I think those people feel this acutely.”\u003c/p>\n\u003cp>Cantil-Sakauye says she has created a blueprint for a fully functioning judicial system within three years. It requires an investment of $612 million in the first year alone.\u003c/p>\n\u003cp>“Government cannot run effectively, we do not have a true democracy, we really don’t have that unless there are three equally funded branches of government,” Cantil-Sakauye said. “And so I think that’s the message I continue to try to get across to the Sacramento folks, that we are a predicate for which democracy exists, and so we shouldn’t be relegated to be compared with other services that I think are just as worthy. But nevertheless: How much does justice matter for you?”\u003c/p>\n\u003cp>Listen to KQED’s Mina Kim interview the chief justice below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/147144576″]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>State budget negotiations will intensify after Gov. Jerry Brown releases his revised spending plan in mid-May. And the leader of California’s judicial branch wants to make sure the state’s courts get an increased share of funding. \u003c/p>\n\u003cp>Brown has proposed adding $105 million to the courts next year, which have seen years of deep budget cuts. But California Chief Justice Tani Cantil-Sakauye says the courts will need much, much more to adequately serve the public.\u003c/p>\n\u003cp>“In order to maintain that status quo — lines out the door, the delay, the closures — we need $266 million simply to maintain the status quo, which in my mind is substandard,” Cantil-Sakauye says. She spoke to KQED’s Mina Kim in an extended interview (embedded below) on Tuesday. \u003c/p>\n\u003cp>Given more than $1 billion in reductions to the judicial branch since 2008-2009, she says, more than 50 courthouses and 200 courtrooms have been closed. The cuts have also led to more than 3,900 layoffs in courts around the state.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘There are people who are going to court and being turned away … people who are coming upon closed courthouses, people who are having their cases shelved.’\u003ccite>Chief Justice Tani Cantil-Sakauye\u003c/cite>\u003c/aside>\n\u003cp>“You know that we were a partner to the tune of $1 billion in cuts,” Cantil-Sakauye says. “Now we’re looking for restoration, and the governor’s budget of $105 million, compared to $1 billion in cuts over the years, just quite frankly isn’t sufficient.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cantil-Sakauye says the cuts have degraded the quality of justice available to ordinary Californians. \u003c/p>\n\u003cp>“I think there are invisible voices out there,” Cantil-Sakauye said. “There are people who are going to court and being turned away. There are people who are coming upon closed courthouses, people who are having their cases shelved until we have more resources to address them. I think those people feel this acutely.”\u003c/p>\n\u003cp>Cantil-Sakauye says she has created a blueprint for a fully functioning judicial system within three years. It requires an investment of $612 million in the first year alone.\u003c/p>\n\u003cp>“Government cannot run effectively, we do not have a true democracy, we really don’t have that unless there are three equally funded branches of government,” Cantil-Sakauye said. “And so I think that’s the message I continue to try to get across to the Sacramento folks, that we are a predicate for which democracy exists, and so we shouldn’t be relegated to be compared with other services that I think are just as worthy. But nevertheless: How much does justice matter for you?”\u003c/p>\n\u003cp>Listen to KQED’s Mina Kim interview the chief justice below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='undefined' height='undefined'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/147144576″&visual=true&undefined'\n title='”https://api.soundcloud.com/tracks/147144576″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Parents File Expanded Civil Rights Lawsuit in Son's Killing by Vallejo Police",
"title": "Parents File Expanded Civil Rights Lawsuit in Son's Killing by Vallejo Police",
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"content": "\u003cfigure id=\"attachment_131828\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2.jpg\">\u003cimg class=\"size-medium wp-image-131828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2-640x362.jpg\" alt=\"Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\u003c/figcaption>\u003c/figure>\n\u003cp>The parents of Jeremiah Moore, a man shot and killed by Vallejo police 18 months ago, have filed an amended civil rights lawsuit that accuses the Vallejo Police Department of a pattern of shooting non-threatening individuals and those with disabilities.\u003c/p>\n\u003cp>According to his parents, Eugene and Lisa Moore of Santa Rosa, Jeremiah had an autism spectrum disorder originally diagnosed as Asperger's syndrome.\u003c/p>\n\u003cp>Their expanded complaint, filed in U.S. District Court in Sacramento Tuesday, says that prior to Moore's shooting in October 2012, Vallejo police \"had shot other individuals who did not pose an immediate threat of death or serious injury to anyone\" and \"other victims of such shootings were also disabled and/or mentally incapacitated at the time.\"\u003c/p>\n\u003cp>The suit alleges that such shootings were the result of \"provocative and unlawful conduct\" by Vallejo police officers, and that police department supervisors, including Police Chief Joseph Kreins, were aware the shootings were unlawful.\u003c/p>\n\u003cp>\u003ca href=\"http://www.timesheraldonline.com/ci_22283354/top-stories-2012-officer-involved-shootings-prompt-ongoing\" target=\"_blank\">Vallejo police were involved in 10 shootings in 2012\u003c/a>, six of them fatal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"c66f29e13f61f6a111ffc2eb44194f60\"]\u003c/p>\n\u003cp>The suit alleges violations of Moore's rights under the U.S. and state constitutions; failure by police department and city leaders to deter officers from using excessive force in violation of suspects' and residents' civil rights; violation of a federal ban on discrimination against the disabled; assault and battery; and negligence.\u003c/p>\n\u003cp>Police were called to Moore's Vallejo home on Oct. 21, 2012, after neighbors reported a prolonged disturbance at his residence at 2504 Alameda St. Neighbors said Moore and a roommate, Jason Jessie, had broken windows in the residence and had run naked through their yard as they smashed windows on their vehicles outside. Police said they received multiple calls about the disturbance, and at least one neighbor told KQED he called 911 after hearing Moore and Jessie talk about setting their house on fire.\u003c/p>\n\u003cp>Police reported afterward that they shot Moore after he threatened an officer with a rifle. Today's amended federal complaint says police confronted a naked and unarmed Moore outside his home and shot him when he failed to comply promptly with commands to get on the ground.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> Oakland attorney Michael Haddad, who filed Tuesday's amended complaint, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/aside>\n\u003cp>Moore \"suffered from an autism spectrum disorder which caused him to move his hands and arms when he was nervous,\" the suit says. \"Moore had not made any movement or gesture under the circumstances that a reasonable officer would perceive as posing an immediate threat to justify the use of deadly force.\"\u003c/p>\n\u003cp>The amended filing names a Vallejo Police Department officer, Sean Kenney, as one of those who fatally shot Moore. If true, it would have been the second fatal shooting involving Kenney in less than two months.\u003c/p>\n\u003cp>Kenney and Dustin Joseph, a fellow Vallejo officer, fired 27 rounds into a parked car about seven weeks before the Moore shooting, killing Mario Romero and injuring Joseph Johnson. A Solano County District Attorney's investigation found that shooting was justified, as did the U.S. Attorney's Office for California's Eastern District. The investigation found Romero had a \"replica firearm\" and pills later determined to be methamphetamine.\u003c/p>\n\u003cp>In a KQED investigation published earlier this month — \"\u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">The Killing of Jeremiah Moore\u003c/a>\" — a neighbor who says he witnessed the shooting said Moore was standing naked in his doorway, waiving his hands nervously when he was shot. Neither police nor Solano County District Attorney's investigators had interviewed the neighbor, Jaime Alvarado, until Monday — more than a year and a half after he says he first tried to tell his story to investigators.\u003c/p>\n\u003cp>Oakland attorney Michael Haddad, who filed Tuesday's amended complaint on behalf of Eugene and Lisa Moore, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/p>\n\u003cp>\"We were able to confirm that in fact, the version of the shooting given by the police was not true, according to eyewitnesses that we talked to,\" Haddad said. \"Not only does that mean that the use of deadly force was unjustified and illegal, but it raises the question that the Vallejo police may be deliberately making a false alibi for this shooting. That's something that we're definitely going to explore in this case.\"\u003c/p>\n\u003cp>The Vallejo City Attorney's Office, which had moved to dismiss the parents' original complaint, did not immediately respond to requests for comments on the amended complaint.\u003c/p>\n\u003cp>Read the full complaint below.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Jeremiah Moore First Amended Complaint Filed 04.29.14 on Scribd\" href=\"http://www.scribd.com/doc/221036885/Jeremiah-Moore-First-Amended-Complaint-Filed-04-29-14\">Jeremiah Moore First Amended Complaint Filed 04.29.14\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_46948\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/221036885/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_131828\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2.jpg\">\u003cimg class=\"size-medium wp-image-131828\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/J-Moore-2-640x362.jpg\" alt=\"Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeremiah Moore. (Courtesy, Eugene and Lisa Moore)\u003c/figcaption>\u003c/figure>\n\u003cp>The parents of Jeremiah Moore, a man shot and killed by Vallejo police 18 months ago, have filed an amended civil rights lawsuit that accuses the Vallejo Police Department of a pattern of shooting non-threatening individuals and those with disabilities.\u003c/p>\n\u003cp>According to his parents, Eugene and Lisa Moore of Santa Rosa, Jeremiah had an autism spectrum disorder originally diagnosed as Asperger's syndrome.\u003c/p>\n\u003cp>Their expanded complaint, filed in U.S. District Court in Sacramento Tuesday, says that prior to Moore's shooting in October 2012, Vallejo police \"had shot other individuals who did not pose an immediate threat of death or serious injury to anyone\" and \"other victims of such shootings were also disabled and/or mentally incapacitated at the time.\"\u003c/p>\n\u003cp>The suit alleges that such shootings were the result of \"provocative and unlawful conduct\" by Vallejo police officers, and that police department supervisors, including Police Chief Joseph Kreins, were aware the shootings were unlawful.\u003c/p>\n\u003cp>\u003ca href=\"http://www.timesheraldonline.com/ci_22283354/top-stories-2012-officer-involved-shootings-prompt-ongoing\" target=\"_blank\">Vallejo police were involved in 10 shootings in 2012\u003c/a>, six of them fatal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The suit alleges violations of Moore's rights under the U.S. and state constitutions; failure by police department and city leaders to deter officers from using excessive force in violation of suspects' and residents' civil rights; violation of a federal ban on discrimination against the disabled; assault and battery; and negligence.\u003c/p>\n\u003cp>Police were called to Moore's Vallejo home on Oct. 21, 2012, after neighbors reported a prolonged disturbance at his residence at 2504 Alameda St. Neighbors said Moore and a roommate, Jason Jessie, had broken windows in the residence and had run naked through their yard as they smashed windows on their vehicles outside. Police said they received multiple calls about the disturbance, and at least one neighbor told KQED he called 911 after hearing Moore and Jessie talk about setting their house on fire.\u003c/p>\n\u003cp>Police reported afterward that they shot Moore after he threatened an officer with a rifle. Today's amended federal complaint says police confronted a naked and unarmed Moore outside his home and shot him when he failed to comply promptly with commands to get on the ground.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> Oakland attorney Michael Haddad, who filed Tuesday's amended complaint, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/aside>\n\u003cp>Moore \"suffered from an autism spectrum disorder which caused him to move his hands and arms when he was nervous,\" the suit says. \"Moore had not made any movement or gesture under the circumstances that a reasonable officer would perceive as posing an immediate threat to justify the use of deadly force.\"\u003c/p>\n\u003cp>The amended filing names a Vallejo Police Department officer, Sean Kenney, as one of those who fatally shot Moore. If true, it would have been the second fatal shooting involving Kenney in less than two months.\u003c/p>\n\u003cp>Kenney and Dustin Joseph, a fellow Vallejo officer, fired 27 rounds into a parked car about seven weeks before the Moore shooting, killing Mario Romero and injuring Joseph Johnson. A Solano County District Attorney's investigation found that shooting was justified, as did the U.S. Attorney's Office for California's Eastern District. The investigation found Romero had a \"replica firearm\" and pills later determined to be methamphetamine.\u003c/p>\n\u003cp>In a KQED investigation published earlier this month — \"\u003ca href=\"http://ww2.kqed.org/news/2014/04/04/131648/vallejo-police-killing-mystery\" target=\"_blank\">The Killing of Jeremiah Moore\u003c/a>\" — a neighbor who says he witnessed the shooting said Moore was standing naked in his doorway, waiving his hands nervously when he was shot. Neither police nor Solano County District Attorney's investigators had interviewed the neighbor, Jaime Alvarado, until Monday — more than a year and a half after he says he first tried to tell his story to investigators.\u003c/p>\n\u003cp>Oakland attorney Michael Haddad, who filed Tuesday's amended complaint on behalf of Eugene and Lisa Moore, said that witness accounts suggest police invented their account of the Moore shooting.\u003c/p>\n\u003cp>\"We were able to confirm that in fact, the version of the shooting given by the police was not true, according to eyewitnesses that we talked to,\" Haddad said. \"Not only does that mean that the use of deadly force was unjustified and illegal, but it raises the question that the Vallejo police may be deliberately making a false alibi for this shooting. That's something that we're definitely going to explore in this case.\"\u003c/p>\n\u003cp>The Vallejo City Attorney's Office, which had moved to dismiss the parents' original complaint, did not immediately respond to requests for comments on the amended complaint.\u003c/p>\n\u003cp>Read the full complaint below.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Jeremiah Moore First Amended Complaint Filed 04.29.14 on Scribd\" href=\"http://www.scribd.com/doc/221036885/Jeremiah-Moore-First-Amended-Complaint-Filed-04-29-14\">Jeremiah Moore First Amended Complaint Filed 04.29.14\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_46948\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/221036885/content?start_page=1&view_mode=scroll&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Will Affluent Oaklanders Support Renewal of Anti-Crime Tax?",
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"content": "\u003cp>\u003cstrong>By Sara Hossaini\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_122860\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar.jpg\">\u003cimg class=\"size-medium wp-image-122860\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar-640x449.jpg\" alt=\"Oakland police near the department's downtown headquarters. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"449\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oakland police near the department's downtown headquarters. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lifelong Oaklander Karen Flynn lives on a charming street in the affluent Upper Rockridge neighborhood with her husband and two giant enthusiastic dogs.\u003c/p>\n\u003cp>She's part of a three-person neighborhood subcommittee looking into hiring private security patrols. That's despite the big dogs and the fact she already has a Bay Alarm home security system. She says they used to make her feel safe.\u003c/p>\n\u003cp>\"I felt that way before, until all this started happening,\" Flynn says.\u003c/p>\n\u003cp>By \"all this,\" she means stories circulated on neighborhood listservs, like the one about a woman on her street who was tied up in her home and robbed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She’s convinced that a nearby neighborhood's new private security patrols are driving criminals into her area. Flynn says considering private security for her own community is not just about personal safety. She says she's also concerned about property values.\u003c/p>\n\u003cp>\"It's really expensive to live here,\" she says, \"and you don't want to your investment to get messed with by people who want to just steal loose change from your car. It just seems ridiculous. But you know it could start there and then it can escalate into people tying you up in your house.\"\u003c/p>\n\u003cp>Concerns like those expressed by Flynn — about safety, home values and the impact of a growing number of private security firms monitoring Oakland's more affluent neighborhoods — could play a prominent role as Oakland city official ask voters to renew Measure Y, a property assessment that funds more than 60 police officers and a wide array of community crime-prevention programs.\u003c/p>\n\u003cp>Ariel Bierbaum lives in the Lower Rockridge area, one of the neighborhoods that has contracted for security patrols. She says she supports Measure Y and fears that residents who have started paying for their own security won't support it any longer.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'I worry that people are going to not be interested in funding Measure Y because they feel like they’re already paying out of pocket for something that they feel like is providing a better service.'\u003ccite>Ariel Bierbaum,\u003cbr>\nLower Rockridge resident\u003c/cite>\u003c/aside>\n\u003cp>\"I worry that people are going to not be interested in funding Measure Y because they feel like they’re already paying out of pocket for something that they feel like is providing a better service,\" Bierbaum says.\u003c/p>\n\u003cp>North Oakland police Capt. Anthony Toribio says no one should mistake private security as a replacement for city police. He says they have distinctly different roles. \"It's important to remember that the job of security is to observe and report,\" Toribio says. \"The job of police is to investigate and arrest. And those are two different things.\"\u003c/p>\n\u003cp>Randy Price, a retired Piedmont police officer, is president of Premiere Protective Services, one of the many private firms monitoring Oakland streets. While I accompanied him on a tour of the Rockridge neighborhood, we encountered a situation he said highlights the difference between how his staffers and police officers might respond to an incident on the street.\u003c/p>\n\u003cp>On a busy thoroughfare, a man passed by shouting profanities. He was so erratic that people crossed the street to avoid him. I asked Price: What would your security patrol officer do?\u003c/p>\n\u003cp>\"That's a perfect question,\" Price said, adding that the officer would probably just keep an eye on the man. \"Kind of follow him in the car,\" Price said. \"He's not gonna get out on foot, we don't do that. But if he does something aggressive, he's going to call OPD.\"\u003c/p>\n\u003cp>In fact, the working relationship between the private security operatives and the police is becoming more formal. Security firms are now meeting with Oakland police on a regular basis to share crime statistics and compare notes.\u003c/p>\n\u003cp>Franklin Zimring, a UC Berkeley Law School professor and expert on criminal justice trends, says he believes Oaklanders who pay for private security may also support extending Measure Y.\u003c/p>\n\u003cp>\"You cannot assume that it's a zero sum game between private security and public security,\" Zimring says. \"It may be that the people who care about community safety are willing to invest in both directions.\"\u003c/p>\n\u003cp>A \u003ca href=\"http://www.insidebayarea.com/News/ci_25529808/Survey:-Oakland-voters-wont-pay-more\" target=\"_blank\">recent city-commissioned poll\u003c/a> suggests a large majority of Oakland voters are willing to extend Measure Y — up to a point.\u003c/p>\n\u003cp>The poll found that 82 percent of those surveyed would vote for continuing the existing $98 a year parcel tax that pays for Measure Y programs. But faced with a continuing siege of violent crime — mostly far away from affluent neighborhoods like Rockridge — and an epidemic of property crime that has beset the entire city — some have called for doubling the tax to $196 a year. The poll finds that just 53 percent of voters support that idea, far short of the two-thirds support the tax measure will need to pass.\u003c/p>\n\u003cp>The City Council is expected to decide on the specifics of the tax measure this summer.\u003c/p>\n\u003cp>Listen to the story below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/147120110&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Sara Hossaini\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_122860\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar.jpg\">\u003cimg class=\"size-medium wp-image-122860\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar-640x449.jpg\" alt=\"Oakland police near the department's downtown headquarters. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"449\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oakland police near the department's downtown headquarters. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lifelong Oaklander Karen Flynn lives on a charming street in the affluent Upper Rockridge neighborhood with her husband and two giant enthusiastic dogs.\u003c/p>\n\u003cp>She's part of a three-person neighborhood subcommittee looking into hiring private security patrols. That's despite the big dogs and the fact she already has a Bay Alarm home security system. She says they used to make her feel safe.\u003c/p>\n\u003cp>\"I felt that way before, until all this started happening,\" Flynn says.\u003c/p>\n\u003cp>By \"all this,\" she means stories circulated on neighborhood listservs, like the one about a woman on her street who was tied up in her home and robbed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She’s convinced that a nearby neighborhood's new private security patrols are driving criminals into her area. Flynn says considering private security for her own community is not just about personal safety. She says she's also concerned about property values.\u003c/p>\n\u003cp>\"It's really expensive to live here,\" she says, \"and you don't want to your investment to get messed with by people who want to just steal loose change from your car. It just seems ridiculous. But you know it could start there and then it can escalate into people tying you up in your house.\"\u003c/p>\n\u003cp>Concerns like those expressed by Flynn — about safety, home values and the impact of a growing number of private security firms monitoring Oakland's more affluent neighborhoods — could play a prominent role as Oakland city official ask voters to renew Measure Y, a property assessment that funds more than 60 police officers and a wide array of community crime-prevention programs.\u003c/p>\n\u003cp>Ariel Bierbaum lives in the Lower Rockridge area, one of the neighborhoods that has contracted for security patrols. She says she supports Measure Y and fears that residents who have started paying for their own security won't support it any longer.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'I worry that people are going to not be interested in funding Measure Y because they feel like they’re already paying out of pocket for something that they feel like is providing a better service.'\u003ccite>Ariel Bierbaum,\u003cbr>\nLower Rockridge resident\u003c/cite>\u003c/aside>\n\u003cp>\"I worry that people are going to not be interested in funding Measure Y because they feel like they’re already paying out of pocket for something that they feel like is providing a better service,\" Bierbaum says.\u003c/p>\n\u003cp>North Oakland police Capt. Anthony Toribio says no one should mistake private security as a replacement for city police. He says they have distinctly different roles. \"It's important to remember that the job of security is to observe and report,\" Toribio says. \"The job of police is to investigate and arrest. And those are two different things.\"\u003c/p>\n\u003cp>Randy Price, a retired Piedmont police officer, is president of Premiere Protective Services, one of the many private firms monitoring Oakland streets. While I accompanied him on a tour of the Rockridge neighborhood, we encountered a situation he said highlights the difference between how his staffers and police officers might respond to an incident on the street.\u003c/p>\n\u003cp>On a busy thoroughfare, a man passed by shouting profanities. He was so erratic that people crossed the street to avoid him. I asked Price: What would your security patrol officer do?\u003c/p>\n\u003cp>\"That's a perfect question,\" Price said, adding that the officer would probably just keep an eye on the man. \"Kind of follow him in the car,\" Price said. \"He's not gonna get out on foot, we don't do that. But if he does something aggressive, he's going to call OPD.\"\u003c/p>\n\u003cp>In fact, the working relationship between the private security operatives and the police is becoming more formal. Security firms are now meeting with Oakland police on a regular basis to share crime statistics and compare notes.\u003c/p>\n\u003cp>Franklin Zimring, a UC Berkeley Law School professor and expert on criminal justice trends, says he believes Oaklanders who pay for private security may also support extending Measure Y.\u003c/p>\n\u003cp>\"You cannot assume that it's a zero sum game between private security and public security,\" Zimring says. \"It may be that the people who care about community safety are willing to invest in both directions.\"\u003c/p>\n\u003cp>A \u003ca href=\"http://www.insidebayarea.com/News/ci_25529808/Survey:-Oakland-voters-wont-pay-more\" target=\"_blank\">recent city-commissioned poll\u003c/a> suggests a large majority of Oakland voters are willing to extend Measure Y — up to a point.\u003c/p>\n\u003cp>The poll found that 82 percent of those surveyed would vote for continuing the existing $98 a year parcel tax that pays for Measure Y programs. But faced with a continuing siege of violent crime — mostly far away from affluent neighborhoods like Rockridge — and an epidemic of property crime that has beset the entire city — some have called for doubling the tax to $196 a year. The poll finds that just 53 percent of voters support that idea, far short of the two-thirds support the tax measure will need to pass.\u003c/p>\n\u003cp>The City Council is expected to decide on the specifics of the tax measure this summer.\u003c/p>\n\u003cp>Listen to the story below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/147120110&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/rs50_chinostateprisoninmates20130108-scr-3/\" rel=\"attachment wp-att-110461\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-e1378755097923.jpg\" alt=\"Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The latest report on a California initiative to release inmates sentenced to life in prison for nonviolent crimes under the state’s three-strikes law shows a striking trend appears to be holding up: Far fewer of the former three-strikers are being sent to prison again for new crimes compared with other recently released inmates.\u003c/p>\n\u003cp>Stanford Law School’s \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project\" target=\"_blank\" rel=\"noopener\">Three Strikes Project\u003c/a> says 1.3 percent of the 1,600 or so nonviolent three-strikers released since \u003ca href=\"http://www.smartvoter.org/2012/11/06/ca/state/prop/36/\" target=\"_blank\" rel=\"noopener\">Proposition 36\u003c/a> passed in 2012 have gone back to state prison. That compares with a recidivism rate of 30 percent for all state prison inmates released during the same period. A report from the Stanford project last fall, which focused on the first 1,000 three-strikers freed under Prop. 36, found that 2 percent had reoffended and gone back to state prison.\u003c/p>\n\u003cp>“The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system,” says Michael Romano, director of the Three Strikes Project.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> ‘The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system.’\u003c/aside>\n\u003cp>More than 4,000 inmates in California were serving sentences disproportionate to their crimes under the old three-strikes law, Romano says, adding that many of them suffer from mental illness.\u003c/p>\n\u003cp>“People who have committed their crimes because they are very sick and had no other option, except to basically treat themselves with drugs and get into a spiral of criminal conduct,” Romano says. “I think we have come to a point in the state’s history where, instead of punishing these people, we learn that these people deserve our help and assistance.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Romano says he’s concerned that re-entry programs are not adequate, especially for the mentally ill. Right now, many prisoners released under Proposition 36 are freed without anyone notifying families or attorneys. Many aren’t even given adequate clothing.\u003c/p>\n\u003cp>Proposition 36 already has saved California more than $30 million in prison costs, Romano says. If it the trend continues, he says the initiative has the potential to save taxpayers more than $750 million over the next 10 years.\u003c/p>\n\u003cp>Here’s Romano’s interview with KQED’s Mina Kim:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146506906&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"excerpt": "Stanford study finds that just 1.3 percent of those released under Prop. 36 have gone back to prison. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/rs50_chinostateprisoninmates20130108-scr-3/\" rel=\"attachment wp-att-110461\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-e1378755097923.jpg\" alt=\"Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The latest report on a California initiative to release inmates sentenced to life in prison for nonviolent crimes under the state’s three-strikes law shows a striking trend appears to be holding up: Far fewer of the former three-strikers are being sent to prison again for new crimes compared with other recently released inmates.\u003c/p>\n\u003cp>Stanford Law School’s \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project\" target=\"_blank\" rel=\"noopener\">Three Strikes Project\u003c/a> says 1.3 percent of the 1,600 or so nonviolent three-strikers released since \u003ca href=\"http://www.smartvoter.org/2012/11/06/ca/state/prop/36/\" target=\"_blank\" rel=\"noopener\">Proposition 36\u003c/a> passed in 2012 have gone back to state prison. That compares with a recidivism rate of 30 percent for all state prison inmates released during the same period. A report from the Stanford project last fall, which focused on the first 1,000 three-strikers freed under Prop. 36, found that 2 percent had reoffended and gone back to state prison.\u003c/p>\n\u003cp>“The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system,” says Michael Romano, director of the Three Strikes Project.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> ‘The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system.’\u003c/aside>\n\u003cp>More than 4,000 inmates in California were serving sentences disproportionate to their crimes under the old three-strikes law, Romano says, adding that many of them suffer from mental illness.\u003c/p>\n\u003cp>“People who have committed their crimes because they are very sick and had no other option, except to basically treat themselves with drugs and get into a spiral of criminal conduct,” Romano says. “I think we have come to a point in the state’s history where, instead of punishing these people, we learn that these people deserve our help and assistance.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Bill Aims to Crack Down on Illegal Massage Parlors",
"title": "Bill Aims to Crack Down on Illegal Massage Parlors",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_134024\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/2252156343_899b31c7a2_b.jpg\">\u003cimg class=\"wp-image-134024 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/2252156343_899b31c7a2_b-640x421.jpg\" alt=\"2252156343_899b31c7a2_b\" width=\"640\" height=\"421\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Courtesy of \u003ca href=\"https://www.flickr.com/people/thomashawk/\" target=\"_blank\">Thomas Hawk/Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Nora Elmeligy\u003c/strong>\u003c/p>\n\u003cp>Massage parlors acting as a fronts for prostitution and human trafficking have long been an issue in California. But a law passed in 2008 has seemingly allowed the problem to worsen exponentially. On Wednesday, to counter this trend, three California lawmakers unveiled \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1147\" target=\"_blank\">the Massage Therapy Act\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=54d9eefc95ec85b05f088ee2fc6e?bill_id=201320140AB1147\" target=\"_blank\">AB1147\u003c/a> aims to prevent illicit massage parlors from opening, make them easier to shut down and hold business owners accountable — rather than the prostitutes. The bill would replace the 6-year-old Massage Therapy Law, which inadvertently made it too easy for illegal massage parlors to proliferate over the past few years.\u003c/p>\n\u003cp>Cities that were particularly affected, such as San Francisco, San Mateo and Fresno, have worked hard to squelch the problem. Meanwhile, Huntington Beach saw a \u003ca href=\"http://www.kcet.org/shows/socal_connected/content/crime/massage-parlor-boom-raises-concerns-of-illicit-activity.html\">600 percent increase\u003c/a> in the number of illicit parlors in the last few years.\u003c/p>\n\u003cp>Responding to major concerns voiced by constituents, Assemblymembers Susan Bonilla, Jimmy Gomez and Chris Holden authored the Massage Therapy Act to fix some of the loopholes that the 2008 law created.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Just this week, a massage spa in Fresno was shut down following several community tips and a months-long investigation. The spa’s 16 masseuses were women brought to Fresno from China who were all housed by the business owner. In a move that protected the women from suffering consequences, Fresno police did not make any prostitution charges and slapped the spa with fines that might keep it out of business.\u003c/p>\n\u003cp>Fresno has seen such a rise in massage parlors that in 2010 it created a special task force devoted to busting the illegal ones. The Massage Therapy Act would make it easier for a city to crack down on illegal activity without needing to work so hard to prove its case.\u003c/p>\n\u003cp>Bonilla said that families and children should not be faced with such illicit activity in their neighborhoods. \u003c/p>\n\u003cp>\"It’s extremely troubling to hear of communities where, in a few-block radius, you may have 20 massage establishments. And knowing full well that … for the normal, legitimate massage practice, that that’s far too many,” Bonilla said.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148273517&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>At the crux of the legislation are provisions that would grant local governments the power to regulate how many massage parlors can be in their jurisdiction and where they can be. But it also would make key changes to the California Massage Therapy Council, a nonprofit entity created by the 2008 law that is responsible for approving massage therapy licenses. Up until now, the council consisted of 20 massage industry professionals. Seeking to give more say to others with a stake in the problem, this bill would downsize the council to 11 members and include more members from various public entities, such as the League of California Cities and the California Police Chiefs Association.\u003c/p>\n\u003cp>In addition to changing who gets to approve massage therapy certifications, the bill would change \u003cem>how \u003c/em>these businesses get certified. Under current law, only individual massage therapists must be certified rather than the business as a whole. As a result, Bonilla (D-Concord) noted that even when cities managed to prove prostitution, “the owner of the business was usually never caught.”\u003c/p>\n\u003cp>So, if therapists were caught engaging in prostitution, not only did they lose their jobs when their licenses were revoked but they would simply be replaced with another worker — doing nothing to solve the larger problem.\u003c/p>\n\u003cp>Moreover, if a business had to go through certification, its owners would be on record should they ever violate the law. Gomez (D-Los Angeles), co-author of the bill, said “some of the community leaders told me that once they raided one massage parlor, another person would just take their place and they could never be shut down.”\u003c/p>\n\u003cp>By making it easier to track the owners, the Massage Therapy Council can prevent repeat offenders.\u003c/p>\n\u003cp>One provision in the bill would even deem “sexually suggestive advertising related to massage services” a violation worthy of revoking a massage therapy license.\u003c/p>\n\u003cp>While the bill would help cities curb criminal activity, it also would seek to raise the professional standard of the massage industry. In addition to massage businesses needing certification, individual massage practitioners would need to go through more rigorous training to obtain their massage therapy licenses. Requirements such as background checks and at least 500 hours of training from approved institutions would filter out those less serious about becoming masseuses. The authors of the bill say they hope this will help distinguish professional massage parlors from “bad actors,” so that legitimate businesses can practice with dignity.\u003c/p>\n\u003cp>But some in the massage industry are not so sure how the new rules will play out.\u003c/p>\n\u003cp>Adam Gordon owns a massage therapy clinic in San Francisco. He worries that legislation like this might give cities too much power to deny permits to legitimate businesses. If massage parlors are pushed into less savory areas and red-light districts, Gordon said this could perpetuate the stigma that massage therapy practitioners are constantly fighting.\u003c/p>\n\u003cp>Although he is wary of the Massage Therapy Act, he strongly supports the idea of requiring businesses to obtain certification and thinks that provision would help set professional parlors apart. Citing injured people, including athletes, that he has helped recover, Gordon said, “What I do is important to people and it’s valuable. There are people who could benefit from our services who might not come because they worry about prostitution.”\u003c/p>\n\u003cp>Gomez stated that the most troubling aspect of these parlors is “really the exploitation of women from all over the globe that are brought here as sex slaves and are trafficked. … It’s rampant in some of these parlors, and we need to make sure that we can shut those down and help the women who are being exploited because not all of them are there willingly, and we need to make sure they are protected.”\u003c/p>\n\u003cp>Adam Gordon agrees but wants to see that true practitioners are protected, too.\u003c/p>\n\u003cp>To ensure the rules are enforced, the Massage Therapy Act includes language that would require the council to report back in two years on how the rules are being implemented and what progress has been made.\u003c/p>\n\u003cp>Gomez acknowledged the difficulty of solving the problem, but is still committed to the solution.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“Is it going to get rid of all the illegal activity in massage parlors? No. But it’s a big, big step forward and a big improvement on what we’re currently dealing with,\" he said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134024\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/2252156343_899b31c7a2_b.jpg\">\u003cimg class=\"wp-image-134024 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/2252156343_899b31c7a2_b-640x421.jpg\" alt=\"2252156343_899b31c7a2_b\" width=\"640\" height=\"421\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Courtesy of \u003ca href=\"https://www.flickr.com/people/thomashawk/\" target=\"_blank\">Thomas Hawk/Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Nora Elmeligy\u003c/strong>\u003c/p>\n\u003cp>Massage parlors acting as a fronts for prostitution and human trafficking have long been an issue in California. But a law passed in 2008 has seemingly allowed the problem to worsen exponentially. On Wednesday, to counter this trend, three California lawmakers unveiled \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1147\" target=\"_blank\">the Massage Therapy Act\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=54d9eefc95ec85b05f088ee2fc6e?bill_id=201320140AB1147\" target=\"_blank\">AB1147\u003c/a> aims to prevent illicit massage parlors from opening, make them easier to shut down and hold business owners accountable — rather than the prostitutes. The bill would replace the 6-year-old Massage Therapy Law, which inadvertently made it too easy for illegal massage parlors to proliferate over the past few years.\u003c/p>\n\u003cp>Cities that were particularly affected, such as San Francisco, San Mateo and Fresno, have worked hard to squelch the problem. Meanwhile, Huntington Beach saw a \u003ca href=\"http://www.kcet.org/shows/socal_connected/content/crime/massage-parlor-boom-raises-concerns-of-illicit-activity.html\">600 percent increase\u003c/a> in the number of illicit parlors in the last few years.\u003c/p>\n\u003cp>Responding to major concerns voiced by constituents, Assemblymembers Susan Bonilla, Jimmy Gomez and Chris Holden authored the Massage Therapy Act to fix some of the loopholes that the 2008 law created.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Just this week, a massage spa in Fresno was shut down following several community tips and a months-long investigation. The spa’s 16 masseuses were women brought to Fresno from China who were all housed by the business owner. In a move that protected the women from suffering consequences, Fresno police did not make any prostitution charges and slapped the spa with fines that might keep it out of business.\u003c/p>\n\u003cp>Fresno has seen such a rise in massage parlors that in 2010 it created a special task force devoted to busting the illegal ones. The Massage Therapy Act would make it easier for a city to crack down on illegal activity without needing to work so hard to prove its case.\u003c/p>\n\u003cp>Bonilla said that families and children should not be faced with such illicit activity in their neighborhoods. \u003c/p>\n\u003cp>\"It’s extremely troubling to hear of communities where, in a few-block radius, you may have 20 massage establishments. And knowing full well that … for the normal, legitimate massage practice, that that’s far too many,” Bonilla said.\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148273517&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\">\u003c/iframe>\u003c/p>\n\u003cp>At the crux of the legislation are provisions that would grant local governments the power to regulate how many massage parlors can be in their jurisdiction and where they can be. But it also would make key changes to the California Massage Therapy Council, a nonprofit entity created by the 2008 law that is responsible for approving massage therapy licenses. Up until now, the council consisted of 20 massage industry professionals. Seeking to give more say to others with a stake in the problem, this bill would downsize the council to 11 members and include more members from various public entities, such as the League of California Cities and the California Police Chiefs Association.\u003c/p>\n\u003cp>In addition to changing who gets to approve massage therapy certifications, the bill would change \u003cem>how \u003c/em>these businesses get certified. Under current law, only individual massage therapists must be certified rather than the business as a whole. As a result, Bonilla (D-Concord) noted that even when cities managed to prove prostitution, “the owner of the business was usually never caught.”\u003c/p>\n\u003cp>So, if therapists were caught engaging in prostitution, not only did they lose their jobs when their licenses were revoked but they would simply be replaced with another worker — doing nothing to solve the larger problem.\u003c/p>\n\u003cp>Moreover, if a business had to go through certification, its owners would be on record should they ever violate the law. Gomez (D-Los Angeles), co-author of the bill, said “some of the community leaders told me that once they raided one massage parlor, another person would just take their place and they could never be shut down.”\u003c/p>\n\u003cp>By making it easier to track the owners, the Massage Therapy Council can prevent repeat offenders.\u003c/p>\n\u003cp>One provision in the bill would even deem “sexually suggestive advertising related to massage services” a violation worthy of revoking a massage therapy license.\u003c/p>\n\u003cp>While the bill would help cities curb criminal activity, it also would seek to raise the professional standard of the massage industry. In addition to massage businesses needing certification, individual massage practitioners would need to go through more rigorous training to obtain their massage therapy licenses. Requirements such as background checks and at least 500 hours of training from approved institutions would filter out those less serious about becoming masseuses. The authors of the bill say they hope this will help distinguish professional massage parlors from “bad actors,” so that legitimate businesses can practice with dignity.\u003c/p>\n\u003cp>But some in the massage industry are not so sure how the new rules will play out.\u003c/p>\n\u003cp>Adam Gordon owns a massage therapy clinic in San Francisco. He worries that legislation like this might give cities too much power to deny permits to legitimate businesses. If massage parlors are pushed into less savory areas and red-light districts, Gordon said this could perpetuate the stigma that massage therapy practitioners are constantly fighting.\u003c/p>\n\u003cp>Although he is wary of the Massage Therapy Act, he strongly supports the idea of requiring businesses to obtain certification and thinks that provision would help set professional parlors apart. Citing injured people, including athletes, that he has helped recover, Gordon said, “What I do is important to people and it’s valuable. There are people who could benefit from our services who might not come because they worry about prostitution.”\u003c/p>\n\u003cp>Gomez stated that the most troubling aspect of these parlors is “really the exploitation of women from all over the globe that are brought here as sex slaves and are trafficked. … It’s rampant in some of these parlors, and we need to make sure that we can shut those down and help the women who are being exploited because not all of them are there willingly, and we need to make sure they are protected.”\u003c/p>\n\u003cp>Adam Gordon agrees but wants to see that true practitioners are protected, too.\u003c/p>\n\u003cp>To ensure the rules are enforced, the Massage Therapy Act includes language that would require the council to report back in two years on how the rules are being implemented and what progress has been made.\u003c/p>\n\u003cp>Gomez acknowledged the difficulty of solving the problem, but is still committed to the solution.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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