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"content": "\u003cfigure id=\"attachment_20865\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2014/08/RS11514_IMG_0176-hpf.jpg\">\u003cimg class=\"size-full wp-image-20865\" title=\"\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2014/08/RS11514_IMG_0176-hpf.jpg\" alt=\"A psychiatric segregation cell at Sacramento Prison. (Julie Small/KQED)\" width=\"640\" height=\"480\" srcset=\"https://ww2.kqed.org/app/uploads/sites/27/2014/08/RS11514_IMG_0176-hpf.jpg 640w, https://ww2.kqed.org/app/uploads/sites/27/2014/08/RS11514_IMG_0176-hpf-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/27/2014/08/RS11514_IMG_0176-hpf-320x240.jpg 320w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A psychiatric segregation cell at Sacramento Prison. (Julie Small/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Julie Small\u003c/strong>\u003c/p>\n\u003cp>The number of inmates with mild to severe mental illness has grown to 37,000 in California, about a quarter of the prison population.\u003c/p>\n\u003cp>A series of lawsuits brought by inmates against the state over the last two decades has exposed a correctional system poorly equipped to handle their extraordinary needs.\u003c/p>\n\u003cp>Now California is trying to comply with a federal court order to change when and how correctional officers use pepper spray to force uncooperative inmates to leave their cells or follow orders.\u003c/p>\n\u003cp>Pepper spray may have contributed to three inmate deaths and an unknown number of injuries -- unknown because the California Department of Corrections and Rehabilitations doesn’t consider the effects of pepper spray an injury.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The issue was brought to light last year through graphic videos shown in court in a lawsuit that was begun in 1990, a lawsuit brought by inmates to improve psychiatric care.\u003c/p>\n\u003cp>Prisons record some use of force incidents, according to department policy.\u003c/p>\n\u003cp style=\"text-align: center\">[\u003cstrong>Related:\u003c/strong> \u003ca href=\"http://ww2.kqed.org/stateofhealth/2014/08/18/a-day-in-californias-psychiatric-prison-units/\" target=\"_blank\">A Day in California's Psychiatric Prison Units\u003c/a>]\u003c/p>\n\u003cp>One video showed custody staff at Corcoran State Prison struggling to remove an inmate who was hallucinating and refusing to leave his cell in order to receive medication.\u003c/p>\n\u003cp>The inmate had taken off his clothes and smeared feces on himself. When he refused to submit to handcuffs, guards in gas masks sprayed a potent pepper spray into the cell, causing the inmate to gasp for air.\u003c/p>\n\u003cp>The video showed that as the inmate screamed for help, an officer ordered him to “turn around and cuff up.”\u003c/p>\n\u003cp>The inmate screamed back, “Open the door!”\u003c/p>\n\u003cp>When the inmate still wouldn't “cuff up” the officers sprayed him again, repeatedly.\u003c/p>\n\u003cp>Later, the video showed guards rushing in and wrestling the inmate to the floor and into restraints.\u003c/p>\n\u003cp>“He has described this as making him feel like less than an animal,” said Lori Rifkin, an attorney for inmate Jermaine Padilla, who is suing the Department of Corrections.\u003c/p>\n\u003cp>Rifkin says two years on, her client still has flashbacks and nightmares from the process prison officials refer to as a “cell extraction.”\u003c/p>\n\u003cp>Padilla believes the experience at Corcoran worsened his schizophrenia and bi-polar disorder and has permanently damaged him.\u003c/p>\n\u003cp>“It changed something in him,” Rifkin says. “He’d never been treated that badly, and it broke something in him.”\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/163303802&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\u003cp>The Padilla video, and five others shown last fall, were the latest revelation in a long history of problems with mental health care in California prisons that have prompted federal court intervention.\u003c/p>\n\u003cp>U.S. District Judge Lawrence Karlton called the video evidence “horrific.” In April, he ordered new restrictions on the use of force. He banned the use of pepper spray on mentally ill inmates in cells and psychiatric holding facilities with few exceptions. He instructed prison officials whenever possible to defer to clinicians about whether to use force.\u003c/p>\n\u003cp>On August 1st, \u003ca href=\"http://ww2.kqed.org/stateofhealth/2014/08/01/california-prisons-to-restrict-pepper-spray-segregation-of-mentally-ill-inmates/\" target=\"_blank\">the judge signed of\u003c/a>f on the Department of Corrections’ reform plan.\u003c/p>\n\u003cp>Among the changes: prison staff will be trained to collaborate and to exhaust every reasonable alternative to force.\u003c/p>\n\u003cp>Craig Brown, a lobbyist for the California Correctional Peace Officers Association agrees with this approach. “The critical element is to appropriately train our members to recognize what they’re dealing with,” Brown said.\u003c/p>\n\u003cp>Brown says the union has been pushing for better training for years. He says additional training will help them interact with the growing percentage of mentally ill inmates.\u003c/p>\n\u003cp>“They’ll recognize what’s going on,\" Brown said. \"They’ll know when they need to talk to a mental health professional. They know when they don’t.\"\u003c/p>\n\u003cp>The state department of corrections declined to be interviewed for this story. They referred KQED to their plan filed with the court.\u003c/p>\n\u003cp>Under that plan a mental health clinician must be called in to evaluate an inmate’s mental status to determine whether they’re able to understand directions. This evaluation now must happen before officers can proceed with use of force. If a clinician decides force shouldn’t be used, correctional officers can no longer override that decision. Instead, the conflict will be referred to senior management to resolve.\u003c/p>\n\u003cp>Dr. Alan Abrams says the state’s plan reinforces the values and strategies he used when he was the chief psychiatrist at the California Medical Facility in Vacaville. Abrams, who left the post a couple years ago, says staff at most prisons already collaborate well.\u003c/p>\n\u003cp>Abrams believes the problem is that there have been a limited number of ways to handle violent inmates.\u003c/p>\n\u003cp>“One (inmate) is brutalizing another,\" he explained. \"Yes, they’re labeled mentally ill, but you need to stop the violence very quickly. It’s not a discussion.”\u003c/p>\n\u003cp>In his 12 years working in prisons Abrams says he ordered force numerous times to keep inmates from killing each other or themselves.\u003c/p>\n\u003cp>“What do you do about the inmate who’s in their cell with a t-shirt, in a noose, saying they’re going to kill themselves unless you release them from prison?” says Abrams, “You’re not going to watch him hang himself. You’re not going to release him from prison, and so you say to your custody co-workers ‘You better get them down!’”\u003c/p>\n\u003cp>But Terry Kupers, a national expert on correctional mental health believes the pepper-spraying incidents indicate inadequate mental health care in the prisons. He says prisons can and should mitigate conditions that exacerbate mental illness.\u003c/p>\n\u003cp>“The pepper spray, the cell extractions, the beatings, the violence among prisoners--all those constitute reenactments of trauma in people who were previously traumatized and make them more emotionally disabled,” Kupers said.\u003c/p>\n\u003cp>California prison officials believe they will have fully implemented the reforms by the end of this year. But they’re still negotiating another critical change to how mentally ill inmates are managed.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Judge Karlton wants a proposal by next week that will restrict how often and for how long prisons can house inmates with mental disorders in segregation units -- where their illnesses can and do worsen.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The issue was brought to light last year through graphic videos shown in court in a lawsuit that was begun in 1990, a lawsuit brought by inmates to improve psychiatric care.\u003c/p>\n\u003cp>Prisons record some use of force incidents, according to department policy.\u003c/p>\n\u003cp style=\"text-align: center\">[\u003cstrong>Related:\u003c/strong> \u003ca href=\"http://ww2.kqed.org/stateofhealth/2014/08/18/a-day-in-californias-psychiatric-prison-units/\" target=\"_blank\">A Day in California's Psychiatric Prison Units\u003c/a>]\u003c/p>\n\u003cp>One video showed custody staff at Corcoran State Prison struggling to remove an inmate who was hallucinating and refusing to leave his cell in order to receive medication.\u003c/p>\n\u003cp>The inmate had taken off his clothes and smeared feces on himself. When he refused to submit to handcuffs, guards in gas masks sprayed a potent pepper spray into the cell, causing the inmate to gasp for air.\u003c/p>\n\u003cp>The video showed that as the inmate screamed for help, an officer ordered him to “turn around and cuff up.”\u003c/p>\n\u003cp>The inmate screamed back, “Open the door!”\u003c/p>\n\u003cp>When the inmate still wouldn't “cuff up” the officers sprayed him again, repeatedly.\u003c/p>\n\u003cp>Later, the video showed guards rushing in and wrestling the inmate to the floor and into restraints.\u003c/p>\n\u003cp>“He has described this as making him feel like less than an animal,” said Lori Rifkin, an attorney for inmate Jermaine Padilla, who is suing the Department of Corrections.\u003c/p>\n\u003cp>Rifkin says two years on, her client still has flashbacks and nightmares from the process prison officials refer to as a “cell extraction.”\u003c/p>\n\u003cp>Padilla believes the experience at Corcoran worsened his schizophrenia and bi-polar disorder and has permanently damaged him.\u003c/p>\n\u003cp>“It changed something in him,” Rifkin says. “He’d never been treated that badly, and it broke something in him.”\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/163303802&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\">\u003c/iframe>\u003c/p>\n\u003cp>The Padilla video, and five others shown last fall, were the latest revelation in a long history of problems with mental health care in California prisons that have prompted federal court intervention.\u003c/p>\n\u003cp>U.S. District Judge Lawrence Karlton called the video evidence “horrific.” In April, he ordered new restrictions on the use of force. He banned the use of pepper spray on mentally ill inmates in cells and psychiatric holding facilities with few exceptions. He instructed prison officials whenever possible to defer to clinicians about whether to use force.\u003c/p>\n\u003cp>On August 1st, \u003ca href=\"http://ww2.kqed.org/stateofhealth/2014/08/01/california-prisons-to-restrict-pepper-spray-segregation-of-mentally-ill-inmates/\" target=\"_blank\">the judge signed of\u003c/a>f on the Department of Corrections’ reform plan.\u003c/p>\n\u003cp>Among the changes: prison staff will be trained to collaborate and to exhaust every reasonable alternative to force.\u003c/p>\n\u003cp>Craig Brown, a lobbyist for the California Correctional Peace Officers Association agrees with this approach. “The critical element is to appropriately train our members to recognize what they’re dealing with,” Brown said.\u003c/p>\n\u003cp>Brown says the union has been pushing for better training for years. He says additional training will help them interact with the growing percentage of mentally ill inmates.\u003c/p>\n\u003cp>“They’ll recognize what’s going on,\" Brown said. \"They’ll know when they need to talk to a mental health professional. They know when they don’t.\"\u003c/p>\n\u003cp>The state department of corrections declined to be interviewed for this story. They referred KQED to their plan filed with the court.\u003c/p>\n\u003cp>Under that plan a mental health clinician must be called in to evaluate an inmate’s mental status to determine whether they’re able to understand directions. This evaluation now must happen before officers can proceed with use of force. If a clinician decides force shouldn’t be used, correctional officers can no longer override that decision. 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"content": "\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 on patrol. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"449\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oakland police on patrol. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163345736&color=ff5500&inverse=false&auto_play=false&show_user=true\">\u003c/iframe>\u003c/p>\n\u003cp>A federal judge is ordering a wide-ranging investigation into why two Oakland police officers disciplined for misconduct won their cases on appeal and got their jobs back. U.S. District Judge Thelton Henderson wrote that discipline is worthless if it is not carried out.\u003c/p>\n\u003cp>\"Because imposition of discipline is meaningless if it is not final, the Monitor and the Court must consider whether discipline is upheld at the highest level, most often arbitration,\" wrote Henderson, whose order was issued Thursday.\u003c/p>\n\u003cp>He cited two cases. One was the \u003ca href=\"http://sanfrancisco.cbslocal.com/2014/07/31/407627-robert-roche-scott-olsen/\" target=\"_blank\">recent reinstatement of Officer Robert Roche\u003c/a>, who was fired for lobbing a tear gas canister into a crowd of Occupy Oakland protesters who were trying to help Iraq War veteran Scott Olsen in October 2011 after he'd been struck in the head by a police projectile.\u003c/p>\n\u003cp>Oakland has \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_26339892/judge-orders-investigation-into-oaklands-police-arbitration-losses\" target=\"_blank\">prevailed only three times\u003c/a> out of the last 15 arbitration cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When an officer is fired by the police review board, the police union can appeal the decision by going to an arbitrator. That person then acts as a judge, hears both sides of the case and decides whether the officer can return to duty. Two weeks ago, arbitrator David Stiteler overturned the police department's termination of Roche and ordered him reinstated with back pay.\u003c/p>\n\u003cp>In 2011, \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_17552820?nclick_check=1\" target=\"_blank\">Officer Hector Jimenez was also ordered back\u003c/a> on the job by an arbitrator after being fired for shooting an unarmed suspect in the back.\u003c/p>\n\u003cp>This is not an uncommon problem, says Professor David Harris, an expert in police misconduct at the University of Pittsburgh School of Law.\u003c/p>\n\u003cp>\"I hear this complaint almost more often than any other from police leaders. 'I fired the guy, he did this, I fired him and I got him back. I can't get rid of these officers,' \" Harris said.\u003c/p>\n\u003cp>Sometimes the city does not build strong enough cases at arbitration hearings.\u003c/p>\n\u003cp>\"If the city that is involved in these things does not put enough evidence in front of the arbitrator, the arbitrator has to come out for the police officer,\" Harris said.\u003c/p>\n\u003cp>It's rare that an arbitration decision can be overturned. But Oakland is in a unusual situation. Since 2003 the Oakland Police Department has been under court order to reform after the Riders police brutality case, in which four officers were accused of beating and framing suspects in West Oakland.\u003c/p>\n\u003cp>Henderson ordered court-appointed federal monitor Robert Warshaw to investigate why police review board decisions are being frequently overturned. The judge also questioned whether the city is providing adequate counsel and bringing the appropriate witnesses.\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 Judge Orders Investigation into Reinstated Oakland Police on Scribd\" href=\"http://www.scribd.com/doc/236934693/Judge-Orders-Investigation-into-Reinstated-Oakland-Police\">Judge Orders Investigation into Reinstated Oakland Police\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>\u003ciframe id=\"doc_66175\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/236934693/content?start_page=1&view_mode=scroll&access_key=key-o7J9KV7wkV3R2GFIor9D&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Tara Siler contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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 on patrol. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"449\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oakland police on patrol. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163345736&color=ff5500&inverse=false&auto_play=false&show_user=true\">\u003c/iframe>\u003c/p>\n\u003cp>A federal judge is ordering a wide-ranging investigation into why two Oakland police officers disciplined for misconduct won their cases on appeal and got their jobs back. U.S. District Judge Thelton Henderson wrote that discipline is worthless if it is not carried out.\u003c/p>\n\u003cp>\"Because imposition of discipline is meaningless if it is not final, the Monitor and the Court must consider whether discipline is upheld at the highest level, most often arbitration,\" wrote Henderson, whose order was issued Thursday.\u003c/p>\n\u003cp>He cited two cases. One was the \u003ca href=\"http://sanfrancisco.cbslocal.com/2014/07/31/407627-robert-roche-scott-olsen/\" target=\"_blank\">recent reinstatement of Officer Robert Roche\u003c/a>, who was fired for lobbing a tear gas canister into a crowd of Occupy Oakland protesters who were trying to help Iraq War veteran Scott Olsen in October 2011 after he'd been struck in the head by a police projectile.\u003c/p>\n\u003cp>Oakland has \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_26339892/judge-orders-investigation-into-oaklands-police-arbitration-losses\" target=\"_blank\">prevailed only three times\u003c/a> out of the last 15 arbitration cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When an officer is fired by the police review board, the police union can appeal the decision by going to an arbitrator. That person then acts as a judge, hears both sides of the case and decides whether the officer can return to duty. Two weeks ago, arbitrator David Stiteler overturned the police department's termination of Roche and ordered him reinstated with back pay.\u003c/p>\n\u003cp>In 2011, \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_17552820?nclick_check=1\" target=\"_blank\">Officer Hector Jimenez was also ordered back\u003c/a> on the job by an arbitrator after being fired for shooting an unarmed suspect in the back.\u003c/p>\n\u003cp>This is not an uncommon problem, says Professor David Harris, an expert in police misconduct at the University of Pittsburgh School of Law.\u003c/p>\n\u003cp>\"I hear this complaint almost more often than any other from police leaders. 'I fired the guy, he did this, I fired him and I got him back. I can't get rid of these officers,' \" Harris said.\u003c/p>\n\u003cp>Sometimes the city does not build strong enough cases at arbitration hearings.\u003c/p>\n\u003cp>\"If the city that is involved in these things does not put enough evidence in front of the arbitrator, the arbitrator has to come out for the police officer,\" Harris said.\u003c/p>\n\u003cp>It's rare that an arbitration decision can be overturned. But Oakland is in a unusual situation. Since 2003 the Oakland Police Department has been under court order to reform after the Riders police brutality case, in which four officers were accused of beating and framing suspects in West Oakland.\u003c/p>\n\u003cp>Henderson ordered court-appointed federal monitor Robert Warshaw to investigate why police review board decisions are being frequently overturned. The judge also questioned whether the city is providing adequate counsel and bringing the appropriate witnesses.\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 Judge Orders Investigation into Reinstated Oakland Police on Scribd\" href=\"http://www.scribd.com/doc/236934693/Judge-Orders-Investigation-into-Reinstated-Oakland-Police\">Judge Orders Investigation into Reinstated Oakland Police\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>\u003ciframe id=\"doc_66175\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/236934693/content?start_page=1&view_mode=scroll&access_key=key-o7J9KV7wkV3R2GFIor9D&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Tara Siler contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Anger Over Missouri Police Shooting Resonates Across Bay Area and Nation",
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"content": "\u003cfigure id=\"attachment_144867\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1325.jpg\">\u003cimg class=\"size-medium wp-image-144867\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1325-640x426.jpg\" alt=\"Jeralynn Blueford speaks to the crowd at an Oakland vigil for people killed by police on Aug. 14. (Alex Emslie/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeralynn Blueford speaks to the crowd at an Aug. 14 Oakland vigil for people killed by police. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Hundreds of people gathered Thursday at the Civic Center in both Oakland and San Francisco to attend one of about 100 vigils nationwide for people killed by police.\u003c/p>\n\u003cp>The largely peaceful protests came less than a week after an unarmed 18-year-old African-American, Michael Brown, was shot and killed by a Ferguson, Missouri, police officer on Aug. 9. That officer was \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2014/08/15/340594634/ferguson-police-release-name-of-officer-who-shot-michael-brown\">identified today\u003c/a> as Darren Wilson.\u003c/p>\n\u003cp>Six days of unrest in the St. Louis suburb following the killing of Brown have dominated national news reports and drawn responses from President Barack Obama and the U.S. Department of Justice, which on Tuesday announced the launch of a comprehensive \u003ca href=\"https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=1&cad=rja&uact=8&ved=0CBwQqQIoADAA&url=http%3A%2F%2Fwww.usatoday.com%2Fstory%2Fnews%2Fpolitics%2F2014%2F08%2F12%2Fpolice-force-panel%2F13951033%2F&ei=ZjfuU9WIAoj3oATwo4CwCg&usg=AFQjCNGMEI_e1i7UOXmaGP7S97Qjqa51Nw&sig2=iT4xgOVpO602ByQnTzlgSQ\" target=\"_blank\">review of police tactics\u003c/a>.\u003c/p>\n\u003cp>The drone of helicopters thumped in the background of a 15-minute moment of silence in Oakland, which was punctuated by members of the crowd shouting the names of people killed in confrontations with police in the Bay Area in recent years.\u003c/p>\n\u003cp>Jeralynn Blueford, whose 18-year-old son, Alan Blueford, was \u003ca href=\"http://ww2.kqed.org/news/2012/10/03/after-raucous-city-council-meeting-reid-hands-police-report-to-blueford-family-redacted/\" target=\"_blank\">killed by an Oakland police officer in 2012\u003c/a>, said hearing about the killing of Michael Brown \"was like losing Alan all over again.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It's just too much,\" she said. \"Our young men have no hope. It's jail or it's death, and they don't even imagine living past the age of 25. It's outrageous, all the names, all the lies, all the hurt, all the pain, it's just sickening. I'm sick to my stomach right now.\"\u003c/p>\n\u003cp>To many observers in Oakland, the scenes in Ferguson of militarized police officers and clouds of tear gas are reminiscent of local clashes, including skirmishes between police and \u003ca href=\"http://ww2.kqed.org/news/tag/occupy-oakland/\" target=\"_blank\">Occupy protesters\u003c/a> and the protests that followed the 2009 BART police killing of \u003ca href=\"http://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\">Oscar Grant\u003c/a>.\u003c/p>\n\u003cp>\"The very thing that the community is upset about, the use of deadly force, the police then come out with even more show of deadly force, and even more sophisticated deadly force, and that does not in any way temper the frustration and anxiety and angst that people feel toward the police,\" Oakland civil rights attorney John Burris said.\u003c/p>\n\u003cp>\"When they come forward with Gestapo-type machinery and tear gas and grenades they throw into the crowd, we saw in Oakland that it did not help,\" he continued.\u003c/p>\n\u003cp>The Oakland Police Department's crowd control policy has been repeatedly criticized, \u003ca href=\"http://www.sfweekly.com/thesnitch/2013/06/24/national-lawyers-guild-obtains-1m-for-oscar-grant-protesters-oakland-police-reforms\" target=\"_blank\">litigated\u003c/a> and reworked over the past decade. A lawsuit over the \u003ca href=\"http://ww2.kqed.org/news/2012/01/30/opd-crowd-control-tactics-again-an-issue-in-occupy-oakland-confrontations/\" target=\"_blank\">Jan. 28, 2012, Occupy Oakland protest\u003c/a>, in which 400 demonstrators and several journalists were arrested, is still pending.\u003c/p>\n\u003cp>\u003ca href=\"http://www.mercurynews.com/breaking-news/ci_20861115/report-rips-police-response-occupy-oakland\" target=\"_blank\">A report\u003c/a> in June of that year by then-federal compliance director Thomas Frazier found \"the crowd control tactics used by OPD are outdated, dangerous and ineffective.\"\u003c/p>\n\u003cp>But since then, Burris said, the department's culture is changing, and more recent protests have been marked by a more muted police presence.\u003c/p>\n\u003cp>\"I think that less presence, and certainly less presence in terms of the armored weaponry (deployed) in Ferguson, is much better,\" he said. \"When you have military trucks and officers standing on top of these armored trucks, it sends the wrong message to people.\"\u003c/p>\n\u003cp>Data from \u003ca href=\"http://oaklandpolicebeat.com/\" target=\"_blank\">Oakland Police Beat\u003c/a>, a project of KQED affiliate \u003ca href=\"http://oaklandlocal.com/\" target=\"_blank\">Oakland Local\u003c/a>, show 10 teens were killed in officer-involved shootings by Oakland police between 1993 and 2012.\u003c/p>\n\u003cp>Both Burris and Jack Bryson, a friend of Oscar Grant's family, said fatal shootings in Oakland have dropped significantly since then.\u003c/p>\n\u003cp>\"I think that OPD and city officials know that the community of Oakland will respond to a police killing in Oakland,\" Bryson said. Burris said federal monitoring of the department is also having an impact.\u003c/p>\n\u003cp>Burris and Blueford said Oakland's long history of activism around police issues, stemming from the Black Panther movement in the 1960s, compels people in the community to protest killings by police in other parts of the country.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We have to say something,\" Blueford said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_144867\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1325.jpg\">\u003cimg class=\"size-medium wp-image-144867\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/IMG_1325-640x426.jpg\" alt=\"Jeralynn Blueford speaks to the crowd at an Oakland vigil for people killed by police on Aug. 14. (Alex Emslie/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeralynn Blueford speaks to the crowd at an Aug. 14 Oakland vigil for people killed by police. (Alex Emslie/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Hundreds of people gathered Thursday at the Civic Center in both Oakland and San Francisco to attend one of about 100 vigils nationwide for people killed by police.\u003c/p>\n\u003cp>The largely peaceful protests came less than a week after an unarmed 18-year-old African-American, Michael Brown, was shot and killed by a Ferguson, Missouri, police officer on Aug. 9. That officer was \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2014/08/15/340594634/ferguson-police-release-name-of-officer-who-shot-michael-brown\">identified today\u003c/a> as Darren Wilson.\u003c/p>\n\u003cp>Six days of unrest in the St. Louis suburb following the killing of Brown have dominated national news reports and drawn responses from President Barack Obama and the U.S. Department of Justice, which on Tuesday announced the launch of a comprehensive \u003ca href=\"https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=1&cad=rja&uact=8&ved=0CBwQqQIoADAA&url=http%3A%2F%2Fwww.usatoday.com%2Fstory%2Fnews%2Fpolitics%2F2014%2F08%2F12%2Fpolice-force-panel%2F13951033%2F&ei=ZjfuU9WIAoj3oATwo4CwCg&usg=AFQjCNGMEI_e1i7UOXmaGP7S97Qjqa51Nw&sig2=iT4xgOVpO602ByQnTzlgSQ\" target=\"_blank\">review of police tactics\u003c/a>.\u003c/p>\n\u003cp>The drone of helicopters thumped in the background of a 15-minute moment of silence in Oakland, which was punctuated by members of the crowd shouting the names of people killed in confrontations with police in the Bay Area in recent years.\u003c/p>\n\u003cp>Jeralynn Blueford, whose 18-year-old son, Alan Blueford, was \u003ca href=\"http://ww2.kqed.org/news/2012/10/03/after-raucous-city-council-meeting-reid-hands-police-report-to-blueford-family-redacted/\" target=\"_blank\">killed by an Oakland police officer in 2012\u003c/a>, said hearing about the killing of Michael Brown \"was like losing Alan all over again.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It's just too much,\" she said. \"Our young men have no hope. It's jail or it's death, and they don't even imagine living past the age of 25. It's outrageous, all the names, all the lies, all the hurt, all the pain, it's just sickening. I'm sick to my stomach right now.\"\u003c/p>\n\u003cp>To many observers in Oakland, the scenes in Ferguson of militarized police officers and clouds of tear gas are reminiscent of local clashes, including skirmishes between police and \u003ca href=\"http://ww2.kqed.org/news/tag/occupy-oakland/\" target=\"_blank\">Occupy protesters\u003c/a> and the protests that followed the 2009 BART police killing of \u003ca href=\"http://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\">Oscar Grant\u003c/a>.\u003c/p>\n\u003cp>\"The very thing that the community is upset about, the use of deadly force, the police then come out with even more show of deadly force, and even more sophisticated deadly force, and that does not in any way temper the frustration and anxiety and angst that people feel toward the police,\" Oakland civil rights attorney John Burris said.\u003c/p>\n\u003cp>\"When they come forward with Gestapo-type machinery and tear gas and grenades they throw into the crowd, we saw in Oakland that it did not help,\" he continued.\u003c/p>\n\u003cp>The Oakland Police Department's crowd control policy has been repeatedly criticized, \u003ca href=\"http://www.sfweekly.com/thesnitch/2013/06/24/national-lawyers-guild-obtains-1m-for-oscar-grant-protesters-oakland-police-reforms\" target=\"_blank\">litigated\u003c/a> and reworked over the past decade. A lawsuit over the \u003ca href=\"http://ww2.kqed.org/news/2012/01/30/opd-crowd-control-tactics-again-an-issue-in-occupy-oakland-confrontations/\" target=\"_blank\">Jan. 28, 2012, Occupy Oakland protest\u003c/a>, in which 400 demonstrators and several journalists were arrested, is still pending.\u003c/p>\n\u003cp>\u003ca href=\"http://www.mercurynews.com/breaking-news/ci_20861115/report-rips-police-response-occupy-oakland\" target=\"_blank\">A report\u003c/a> in June of that year by then-federal compliance director Thomas Frazier found \"the crowd control tactics used by OPD are outdated, dangerous and ineffective.\"\u003c/p>\n\u003cp>But since then, Burris said, the department's culture is changing, and more recent protests have been marked by a more muted police presence.\u003c/p>\n\u003cp>\"I think that less presence, and certainly less presence in terms of the armored weaponry (deployed) in Ferguson, is much better,\" he said. \"When you have military trucks and officers standing on top of these armored trucks, it sends the wrong message to people.\"\u003c/p>\n\u003cp>Data from \u003ca href=\"http://oaklandpolicebeat.com/\" target=\"_blank\">Oakland Police Beat\u003c/a>, a project of KQED affiliate \u003ca href=\"http://oaklandlocal.com/\" target=\"_blank\">Oakland Local\u003c/a>, show 10 teens were killed in officer-involved shootings by Oakland police between 1993 and 2012.\u003c/p>\n\u003cp>Both Burris and Jack Bryson, a friend of Oscar Grant's family, said fatal shootings in Oakland have dropped significantly since then.\u003c/p>\n\u003cp>\"I think that OPD and city officials know that the community of Oakland will respond to a police killing in Oakland,\" Bryson said. Burris said federal monitoring of the department is also having an impact.\u003c/p>\n\u003cp>Burris and Blueford said Oakland's long history of activism around police issues, stemming from the Black Panther movement in the 1960s, compels people in the community to protest killings by police in other parts of the country.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We have to say something,\" Blueford said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Covered California to Request Evidence of Lawful Presence in U.S. ",
"title": "Covered California to Request Evidence of Lawful Presence in U.S. ",
"headTitle": "State of Health | KQED News",
"content": "\u003cfigure id=\"attachment_16890\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"wp-image-16890 size-medium\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2013/12/RS8056_L1006917-lpr-300x200.jpg\" alt=\"CCHP enrollment counselor Kristen Chow explains Covered California and federal subsidies to a Chinese-language caller. Currently, more than 90 percent of the HMO's members are ethnically Chinese. (Marcus Teply/KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">CCHP enrollment counselor explains Covered California and federal subsidies to a caller. (Marcus Teply/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Some enrollees who get their health insurance through Covered California, the state's Obamacare exchange, will be getting notices in the next few weeks requesting evidence that they are lawfully in the country.\u003c/p>\n\u003cp>Yesterday, many news outlets \u003ca href=\"http://online.wsj.com/articles/health-plans-to-end-without-proof-of-citizenship-1407870402\" target=\"_blank\">reported\u003c/a> on the Obama administration's announcement that it was sending letters to about 310,000 people who have signed up for insurance through the Affordable Care Act, but whose documentation of citizenship or legal immigration status was at odds with government records. From the \u003ca href=\"http://online.wsj.com/articles/health-plans-to-end-without-proof-of-citizenship-1407870402\" target=\"_blank\">Wall Street Journal\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The Obama administration moved Tuesday to cut off health insurance for up to 310,000 people who signed up through the \u003cspan class=\"mandelbrot_refrag\">\u003ca class=\"mandelbrot_refrag\" style=\"color: #115b8f\" href=\"https://www.healthcare.gov/\" target=\"_blank\" rel=\"nofollow\">HealthCare.gov\u003c/a>\u003c/span> system unless they can provide documents in the next few weeks showing they are U.S. citizens or legal residents.\u003c/p>\n\u003cp>Those individuals have until Sept. 5 to send in additional information that could confirm they are in the U.S. legally, a condition of using the online insurance exchanges to obtain coverage.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->The Sept. 5 deadline, however, affects only those enrollees in states that rely on the federal exchange, as opposed to state exchanges like Covered California. Fourteen states run their own exchanges; the remaining 36 declined to create their own online insurance marketplaces due mostly to Republican opposition, leaving the federal government to service residents in those states.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Some enrollees will have 30 days to submit their documentation or risk having their insurance canceled.\u003c/aside>\n\u003cp>Covered California spokesman Roy Kennedy says the notices will go out in late August to \"consumers identified as not having provided sufficient evidence of lawful presence.\" These individuals will have 30 days to submit their documentation or risk having their insurance canceled.\u003c/p>\n\u003cp>The state doesn't know yet how many enrollees will need to submit such verification.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kennedy said those receiving the notices can upload the required documents, such as a permanent residence card, at the\u003ca href=\"https://www.coveredca.com/\" target=\"_blank\"> Covered California website\u003c/a> or work on their submissions through their insurance agent or enrollment counselor.\u003c/p>\n\u003cp>In addition to cancellation of their insurance, those who do not respond to the notices may also be required to pay back any federal subsidies they have received through the exchange, Kennedy said.\u003c/p>\n\u003cp>In July, the \u003cspan style=\"color: #000000\">Department of Health and Human Services Office of the Inspector General issued two reports stating the \u003ca href=\"http://www.reuters.com/article/2014/07/01/usa-healthcare-subsidies-idUSL2N0PC1M520140701\" target=\"_blank\">federal government did not properly verify eligibility\u003c/a> for receiving insurance through the federal exchange. \u003c/span>\u003c/p>\n\u003cp>One of the reports said California's exchange was deficient in not always verifying citizenship and lawful presence through the Department of Homeland Security.\u003c/p>\n\u003cp>You can \u003ca href=\"http://oig.hhs.gov/oas/reports/region9/91401000.pdf\" target=\"_blank\">read that report here\u003c/a>.\u003c/p>\n\u003cp>Here is yesterday's AP story on the notifications going out to those who use the federal exchange:\u003c/p>\n\u003cp>(AP) The clock is ticking for hundreds of thousands of people who have unresolved issues affecting their coverage under the new health care law.\u003c/p>\n\u003cp>The Obama administration said Tuesday that letters are going out to about 310,000 people whose citizenship or immigration details don't match what the government has on file.\u003c/p>\n\u003cp>These consumers need to send in their documentation by Sept. 5. Otherwise their coverage will end Sept. 30.\u003c/p>\n\u003cp>Of the 8 million people who signed up for private coverage through President Barack Obama's law, more than 2 million at one point had discrepancies of some sort that affected their eligibility. That number has been greatly reduced — but the remaining cases are proving difficult to resolve.\u003c/p>\n\u003cp>People living in the country illegally are not allowed to get coverage. Officials at the Health and Human Services Department said the letters will notify consumers with unresolved citizenship and immigration issues that they can upload their documents to the HealthCare.gov website or mail them in.\u003c/p>\n\u003cp>Most haven't responded to repeated outreach efforts, officials said. Hispanics, who historically have lagged in health insurance coverage, may account for a big share of the group.\u003c/p>\n\u003cp>Indeed, two states with large Latino populations top the list of unresolved cases. Florida has 93,800 cases, while Texas has 52,700. Georgia, Virginia and Pennsylvania round out the top five. The letters are being sent in English and Spanish.\u003c/p>\n\u003cp>The next five states are North Carolina, Illinois, Michigan, New Jersey and Louisiana.\u003c/p>\n\u003cp>The new policy affects the 36 states where the federal government has taken the lead in running online insurance markets created by the law. It's unclear how it will apply in places like California and New York, which are running their own insurance exchanges.\u003c/p>\n\u003cp>Some supporters of the law worried that eligible consumers might lose coverage due to record-keeping problems on the government's part, or because of something as mundane as letters getting lost in the mail.\u003c/p>\n\u003cp>\"Many of these people have issues because government files are incomplete,\" said Ron Pollack, executive director of the advocacy group Families USA. \"Many may feel that they have fully complied with what is necessary to get health coverage.\"\u003c/p>\n\u003cp>The number of problem cases was a lot larger only a few months ago, prompting criticism from congressional Republicans that the administration was signing up people ineligible under the law.\u003c/p>\n\u003cp>In May, there were nearly 970,000 people with citizenship or immigration problems. About half those cases have now been closed, officials said, and another 20 percent are being worked on actively. Officials have previously said that the overwhelming majority of cases are resolved in favor of the enrollee.\u003c/p>\n\u003cp>Consumers who have unresolved discrepancies over their incomes will get notices at a later date.\u003c/p>\n\u003cp>The new health law provides subsidized coverage to people with no access to health insurance on the job. More than 80 percent of those signed up are getting subsidies to help with their premiums and, in some cases, their copays and deductibles as well.\u003c/p>\n\u003cp>But those taxpayer subsidies are contingent on meeting a host of requirements. The amount of a consumer's premium tax credit can vary by income, family size, hometown and other factors. That can make getting covered through the law feel somewhat like doing your taxes.\u003c/p>\n\u003cp>The letters that started going out Tuesday won't be the final attempt to reach those with unresolved issues. HHS will try to contact each consumer two more times by phone and once via email. The administration is also working with local organizations to try to reach people directly in their homes.\u003c/p>\n\u003cp>Consumers can also contact HealthCare.gov's call center at 800-318-2596 to see what documents they need to submit and see whether their information has been received.\u003c/p>\n\u003cp>The notices affect this year's coverage only.\u003c/p>\n\u003cp>The open enrollment period for this year is over. Open enrollment season for 2015 coverage doesn't start until Nov. 15. At that point, consumers will be able to renew or make changes in their coverage, and new customers can find out whether there's a plan that's right for them.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Under the law, most Americans are required to have health insurance or risk fines.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_16890\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"wp-image-16890 size-medium\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2013/12/RS8056_L1006917-lpr-300x200.jpg\" alt=\"CCHP enrollment counselor Kristen Chow explains Covered California and federal subsidies to a Chinese-language caller. Currently, more than 90 percent of the HMO's members are ethnically Chinese. (Marcus Teply/KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">CCHP enrollment counselor explains Covered California and federal subsidies to a caller. (Marcus Teply/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Some enrollees who get their health insurance through Covered California, the state's Obamacare exchange, will be getting notices in the next few weeks requesting evidence that they are lawfully in the country.\u003c/p>\n\u003cp>Yesterday, many news outlets \u003ca href=\"http://online.wsj.com/articles/health-plans-to-end-without-proof-of-citizenship-1407870402\" target=\"_blank\">reported\u003c/a> on the Obama administration's announcement that it was sending letters to about 310,000 people who have signed up for insurance through the Affordable Care Act, but whose documentation of citizenship or legal immigration status was at odds with government records. From the \u003ca href=\"http://online.wsj.com/articles/health-plans-to-end-without-proof-of-citizenship-1407870402\" target=\"_blank\">Wall Street Journal\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The Obama administration moved Tuesday to cut off health insurance for up to 310,000 people who signed up through the \u003cspan class=\"mandelbrot_refrag\">\u003ca class=\"mandelbrot_refrag\" style=\"color: #115b8f\" href=\"https://www.healthcare.gov/\" target=\"_blank\" rel=\"nofollow\">HealthCare.gov\u003c/a>\u003c/span> system unless they can provide documents in the next few weeks showing they are U.S. citizens or legal residents.\u003c/p>\n\u003cp>Those individuals have until Sept. 5 to send in additional information that could confirm they are in the U.S. legally, a condition of using the online insurance exchanges to obtain coverage.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->The Sept. 5 deadline, however, affects only those enrollees in states that rely on the federal exchange, as opposed to state exchanges like Covered California. Fourteen states run their own exchanges; the remaining 36 declined to create their own online insurance marketplaces due mostly to Republican opposition, leaving the federal government to service residents in those states.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Some enrollees will have 30 days to submit their documentation or risk having their insurance canceled.\u003c/aside>\n\u003cp>Covered California spokesman Roy Kennedy says the notices will go out in late August to \"consumers identified as not having provided sufficient evidence of lawful presence.\" These individuals will have 30 days to submit their documentation or risk having their insurance canceled.\u003c/p>\n\u003cp>The state doesn't know yet how many enrollees will need to submit such verification.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kennedy said those receiving the notices can upload the required documents, such as a permanent residence card, at the\u003ca href=\"https://www.coveredca.com/\" target=\"_blank\"> Covered California website\u003c/a> or work on their submissions through their insurance agent or enrollment counselor.\u003c/p>\n\u003cp>In addition to cancellation of their insurance, those who do not respond to the notices may also be required to pay back any federal subsidies they have received through the exchange, Kennedy said.\u003c/p>\n\u003cp>In July, the \u003cspan style=\"color: #000000\">Department of Health and Human Services Office of the Inspector General issued two reports stating the \u003ca href=\"http://www.reuters.com/article/2014/07/01/usa-healthcare-subsidies-idUSL2N0PC1M520140701\" target=\"_blank\">federal government did not properly verify eligibility\u003c/a> for receiving insurance through the federal exchange. \u003c/span>\u003c/p>\n\u003cp>One of the reports said California's exchange was deficient in not always verifying citizenship and lawful presence through the Department of Homeland Security.\u003c/p>\n\u003cp>You can \u003ca href=\"http://oig.hhs.gov/oas/reports/region9/91401000.pdf\" target=\"_blank\">read that report here\u003c/a>.\u003c/p>\n\u003cp>Here is yesterday's AP story on the notifications going out to those who use the federal exchange:\u003c/p>\n\u003cp>(AP) The clock is ticking for hundreds of thousands of people who have unresolved issues affecting their coverage under the new health care law.\u003c/p>\n\u003cp>The Obama administration said Tuesday that letters are going out to about 310,000 people whose citizenship or immigration details don't match what the government has on file.\u003c/p>\n\u003cp>These consumers need to send in their documentation by Sept. 5. Otherwise their coverage will end Sept. 30.\u003c/p>\n\u003cp>Of the 8 million people who signed up for private coverage through President Barack Obama's law, more than 2 million at one point had discrepancies of some sort that affected their eligibility. That number has been greatly reduced — but the remaining cases are proving difficult to resolve.\u003c/p>\n\u003cp>People living in the country illegally are not allowed to get coverage. Officials at the Health and Human Services Department said the letters will notify consumers with unresolved citizenship and immigration issues that they can upload their documents to the HealthCare.gov website or mail them in.\u003c/p>\n\u003cp>Most haven't responded to repeated outreach efforts, officials said. Hispanics, who historically have lagged in health insurance coverage, may account for a big share of the group.\u003c/p>\n\u003cp>Indeed, two states with large Latino populations top the list of unresolved cases. Florida has 93,800 cases, while Texas has 52,700. Georgia, Virginia and Pennsylvania round out the top five. The letters are being sent in English and Spanish.\u003c/p>\n\u003cp>The next five states are North Carolina, Illinois, Michigan, New Jersey and Louisiana.\u003c/p>\n\u003cp>The new policy affects the 36 states where the federal government has taken the lead in running online insurance markets created by the law. It's unclear how it will apply in places like California and New York, which are running their own insurance exchanges.\u003c/p>\n\u003cp>Some supporters of the law worried that eligible consumers might lose coverage due to record-keeping problems on the government's part, or because of something as mundane as letters getting lost in the mail.\u003c/p>\n\u003cp>\"Many of these people have issues because government files are incomplete,\" said Ron Pollack, executive director of the advocacy group Families USA. \"Many may feel that they have fully complied with what is necessary to get health coverage.\"\u003c/p>\n\u003cp>The number of problem cases was a lot larger only a few months ago, prompting criticism from congressional Republicans that the administration was signing up people ineligible under the law.\u003c/p>\n\u003cp>In May, there were nearly 970,000 people with citizenship or immigration problems. About half those cases have now been closed, officials said, and another 20 percent are being worked on actively. Officials have previously said that the overwhelming majority of cases are resolved in favor of the enrollee.\u003c/p>\n\u003cp>Consumers who have unresolved discrepancies over their incomes will get notices at a later date.\u003c/p>\n\u003cp>The new health law provides subsidized coverage to people with no access to health insurance on the job. More than 80 percent of those signed up are getting subsidies to help with their premiums and, in some cases, their copays and deductibles as well.\u003c/p>\n\u003cp>But those taxpayer subsidies are contingent on meeting a host of requirements. The amount of a consumer's premium tax credit can vary by income, family size, hometown and other factors. That can make getting covered through the law feel somewhat like doing your taxes.\u003c/p>\n\u003cp>The letters that started going out Tuesday won't be the final attempt to reach those with unresolved issues. HHS will try to contact each consumer two more times by phone and once via email. The administration is also working with local organizations to try to reach people directly in their homes.\u003c/p>\n\u003cp>Consumers can also contact HealthCare.gov's call center at 800-318-2596 to see what documents they need to submit and see whether their information has been received.\u003c/p>\n\u003cp>The notices affect this year's coverage only.\u003c/p>\n\u003cp>The open enrollment period for this year is over. Open enrollment season for 2015 coverage doesn't start until Nov. 15. At that point, consumers will be able to renew or make changes in their coverage, and new customers can find out whether there's a plan that's right for them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cstrong>By Sara Hossaini\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_125602\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/tedagu/\" rel=\"attachment wp-att-125602\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-125602\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/02/tedagu-640x362.jpg\" alt=\"UC Berkeley football player Ted Agu, in image released today by Cal. \" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Berkeley football player Ted Agu, in image released by Cal.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163185658&color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">L\u003c/span>ast Feb. 7, Cal football player Ted Agu \u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/\">collapsed and died\u003c/a> following an off-season training drill. A walk-on defensive player who had worked hard to earn a scholarship, Agu was a popular player known as “Pre-Med Ted” for his ambition to go to medical school. His death devastated family, friends and teammates.\u003c/p>\n\u003cp>Now that tragedy is the focus of a wrongful death lawsuit by Agu’s parents, who say the university failed to take adequate precautions to respond to a potentially deadly medical condition their son had.\u003c/p>\n\u003cp>That condition, \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/traits.html\" target=\"_blank\" rel=\"noopener\">sickle cell trait\u003c/a>, is found in people who have inherited just one of the two genes that cause sickle cell disease. Sickle cell trait itself is not uncommon: It’s found in about 8 percent of the African-American population, and it’s distinct from \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/facts.html\" target=\"_blank\" rel=\"noopener\">sickle cell disease\u003c/a> that afflicts people who inherit the gene from both parents.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Agu’s family and lawyers say Cal officials knew he had sickle cell trait and should have been monitoring him more carefully.\u003c/aside>\n\u003cp>The Agu lawsuit shines a spotlight both on what Cal officials knew about the player’s sickle cell status and on a debate about what measures should be taken to protect student athletes with the condition.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dr. Thomas Beaver, Alameda County’s former chief forensic pathologist, performed the initial autopsy on Agu shortly after he died on Feb. 7. He says he observed that Agu’s heart was somewhat enlarged.\u003c/p>\n\u003cp>“It’s not what I would call a severe case, it’s not incompatible with life,” Beaver says. He adds that the discovery led him to focus on \u003ca href=\"http://www.nlm.nih.gov/medlineplus/ency/article/000192.htm\" target=\"_blank\" rel=\"noopener\">hypertrophic cardiomyopathy\u003c/a>, a condition that leads to abnormal thickening of the heart muscle, as a possible cause of death.\u003c/p>\n\u003cp>Beaver says he was told Agu suddenly collapsed during a conditioning drill and couldn’t be revived, a sequence of events that suggested a sudden cardiac event.\u003c/p>\n\u003cp>\u003cstrong>A Surprise Discovery\u003c/strong>\u003c/p>\n\u003cp>Weeks later, Beaver got slides of Agu’s heart tissue and set out to confirm his theory. It was only then that he made a surprising discovery: abnormal, “sickled” red blood cells.\u003c/p>\n\u003cp>“I didn’t discover the sickle cell until I was looking at the tissues under the microscope, and I was shocked to see it,” he says.\u003c/p>\n\u003cp>[contextly_sidebar id=”F0CIL9dEcUFt44dGs4JwecbAsGhwWPM4″]\u003c/p>\n\u003cp>Beaver says that none of the medical records he saw suggested Agu had sickle cell trait.\u003c/p>\n\u003cp>“So, I mean I didn’t expect that at all,” says Beaver. He adds that after discovering the condition, he asked Agu’s family for medical records to learn more about the player’s sickle cell history, but he never received any.\u003c/p>\n\u003cp>Coroner’s records show that a nurse at Alta Bates who reported Agu’s death mentioned a “history of sickle cell anemia.” Beaver said that statement was nonspecific and never substantiated. Beaver says “history” could have referred to Agu or his family, and sickle cell “anemia” or “disease” is different from sickle cell trait.\u003c/p>\n\u003cp>The apparent absence of documentation of Agu’s sickle cell status is remarkable in light of \u003ca href=\"http://www.ncaa.org/health-and-safety/medical-conditions/sickle-cell-trait\">an NCAA policy that took effect in 2010\u003c/a> that acknowledges sickle cell trait’s potential danger and requires athletes to undergo sickle cell tests or submit the results of prior tests. UC Berkeley says \u003ca href=\"http://uhs.berkeley.edu/students/athletics/pdf/Sickle%20Cell%20Parent%20Letter,%20Final%20Spring%202011.pdf\">it complies\u003c/a> with the policy.\u003c/p>\n\u003cp>In the end, Beaver’s synopsis of Agu’s cause of death stated the player died of hypertrophic cardiomyopathy “based on the information available to me at this time.”\u003c/p>\n\u003cp>“If you read my comment carefully,” he says, “it’s very hesitant on the diagnosis and it leaves a lot of room for the sickle cell to become the diagnosis, given history or more information or whatever, so I agonized over each of those words.”\u003c/p>\n\u003cp>Lawyers for Agu’s family said during a press conference earlier this month that the player, a defensive star at Bakersfield’s Frontier High School, had tested positive for sickle cell trait in 2010, before he came to Cal. They say the school later confirmed that finding. The family’s suit says Agu’s status meant coaches and trainers should have been monitoring him more carefully during the tough Feb. 7 workout session and should have responded much more promptly when they realized he was in distress.\u003c/p>\n\u003cp>“He didn’t die within seconds from the onset of his symptoms,” said attorney Steven Yerrid. “A sickling athlete has very, very definitive symptomatology, it’s very well known. The problem is you have to have people watching, and you have to have people intervening, and looking out for the welfare of the student athlete.”\u003c/p>\n\u003cp>The lawsuit also alleges that Cal was negligent in hiring and supervising one of the trainers overseeing the workout that preceded Agu’s death. That’s because the trainer was also present during what the lawsuit calls a “remarkably similar” 2008 incident at the University of Central Florida, when another player with sickle cell trait died after a workout.\u003c/p>\n\u003cp>In a statement responding to the lawsuit, UC Berkeley reiterated that it follows “all recommended protocols, including those outlined by the NCAA, for all student-athletes with identified medical conditions” — including the requirement for sickle cell testing. The statement also said that the university provided all “relevant medical records — including the results of all medical testing — to the Alameda County coroner.\u003c/p>\n\u003cp>Citing the pending litigation, Cal officials would not say whether the records it provided included information on Agu’s sickle cell status.\u003c/p>\n\u003cp>\u003cstrong>How Big a Danger? And How to Respond?\u003c/strong>\u003c/p>\n\u003cp>As the case begins wending its way through Alameda County Superior Court, medical experts are divided on the magnitude of the danger posed by sickle cell trait and on the best way to respond to it.\u003c/p>\n\u003cp>“I don’t think that kids die of sickle trait,” says Dr. Frans Kuypers. He studies sickle cell trait and its impact on athletes at UCSF-Benioff Children’s Hospital Oakland.\u003c/p>\n\u003cp>“In most of the cases, the kids die of very different kind of things that have nothing to do with sickle trait,” he says.\u003c/p>\n\u003cp>Kuypers says the risk factors for problems associated with sickle cell trait, and how they vary among athletes, are not well understood or well studied. He’s partnering with UC Berkeley on a $100,000 grant from the National Football League to undertake just such a study. He hopes to find out why, for example, one athlete is more likely to have trouble playing in altitude, while another may not.\u003c/p>\n\u003cp>But other experts say there is evidence that sickle cell trait has killed athletes during workouts.\u003c/p>\n\u003cp>Dr. John Strouse is an assistant professor of pediatrics and medicine at Johns Hopkins University School of Medicine who studies and treats patients with sickle cell conditions.\u003c/p>\n\u003cp>“There have been reports from the military where they looked at military recruits undergoing basic training by their sickle cell trait status,” says Strouse, “and they had a much greater risk of having serious heat-related injury” or dying.\u003c/p>\n\u003cp>Strouse says the military opted to use “universal precautions” that apply to all recruits, regardless of sickle cell status, including proper hydration and more breaks from exercise when it’s hot.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>One medical organization, the American Society of Hematology, says that for a variety of reasons, that approach \u003ca href=\"http://www.npr.org/blogs/health/2012/01/26/145923225/blood-doctors-call-foul-on-ncaas-screening-for-sickle-cell\" target=\"_blank\" rel=\"noopener\">makes more sense\u003c/a> than the NCAA’s testing requirement. The main benefit, it says, is that the universal approach would reduce the risks that all athletes face from extreme exertion.\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_125602\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/tedagu/\" rel=\"attachment wp-att-125602\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-125602\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/02/tedagu-640x362.jpg\" alt=\"UC Berkeley football player Ted Agu, in image released today by Cal. \" width=\"640\" height=\"362\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Berkeley football player Ted Agu, in image released by Cal.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163185658&color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height=\"20\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">L\u003c/span>ast Feb. 7, Cal football player Ted Agu \u003ca href=\"http://ww2.kqed.org/news/2014/02/07/cal-football-player-dies-during-drill/\">collapsed and died\u003c/a> following an off-season training drill. A walk-on defensive player who had worked hard to earn a scholarship, Agu was a popular player known as “Pre-Med Ted” for his ambition to go to medical school. His death devastated family, friends and teammates.\u003c/p>\n\u003cp>Now that tragedy is the focus of a wrongful death lawsuit by Agu’s parents, who say the university failed to take adequate precautions to respond to a potentially deadly medical condition their son had.\u003c/p>\n\u003cp>That condition, \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/traits.html\" target=\"_blank\" rel=\"noopener\">sickle cell trait\u003c/a>, is found in people who have inherited just one of the two genes that cause sickle cell disease. Sickle cell trait itself is not uncommon: It’s found in about 8 percent of the African-American population, and it’s distinct from \u003ca href=\"http://www.cdc.gov/ncbddd/sicklecell/facts.html\" target=\"_blank\" rel=\"noopener\">sickle cell disease\u003c/a> that afflicts people who inherit the gene from both parents.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Agu’s family and lawyers say Cal officials knew he had sickle cell trait and should have been monitoring him more carefully.\u003c/aside>\n\u003cp>The Agu lawsuit shines a spotlight both on what Cal officials knew about the player’s sickle cell status and on a debate about what measures should be taken to protect student athletes with the condition.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dr. Thomas Beaver, Alameda County’s former chief forensic pathologist, performed the initial autopsy on Agu shortly after he died on Feb. 7. He says he observed that Agu’s heart was somewhat enlarged.\u003c/p>\n\u003cp>“It’s not what I would call a severe case, it’s not incompatible with life,” Beaver says. He adds that the discovery led him to focus on \u003ca href=\"http://www.nlm.nih.gov/medlineplus/ency/article/000192.htm\" target=\"_blank\" rel=\"noopener\">hypertrophic cardiomyopathy\u003c/a>, a condition that leads to abnormal thickening of the heart muscle, as a possible cause of death.\u003c/p>\n\u003cp>Beaver says he was told Agu suddenly collapsed during a conditioning drill and couldn’t be revived, a sequence of events that suggested a sudden cardiac event.\u003c/p>\n\u003cp>\u003cstrong>A Surprise Discovery\u003c/strong>\u003c/p>\n\u003cp>Weeks later, Beaver got slides of Agu’s heart tissue and set out to confirm his theory. It was only then that he made a surprising discovery: abnormal, “sickled” red blood cells.\u003c/p>\n\u003cp>“I didn’t discover the sickle cell until I was looking at the tissues under the microscope, and I was shocked to see it,” he says.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Beaver says that none of the medical records he saw suggested Agu had sickle cell trait.\u003c/p>\n\u003cp>“So, I mean I didn’t expect that at all,” says Beaver. He adds that after discovering the condition, he asked Agu’s family for medical records to learn more about the player’s sickle cell history, but he never received any.\u003c/p>\n\u003cp>Coroner’s records show that a nurse at Alta Bates who reported Agu’s death mentioned a “history of sickle cell anemia.” Beaver said that statement was nonspecific and never substantiated. Beaver says “history” could have referred to Agu or his family, and sickle cell “anemia” or “disease” is different from sickle cell trait.\u003c/p>\n\u003cp>The apparent absence of documentation of Agu’s sickle cell status is remarkable in light of \u003ca href=\"http://www.ncaa.org/health-and-safety/medical-conditions/sickle-cell-trait\">an NCAA policy that took effect in 2010\u003c/a> that acknowledges sickle cell trait’s potential danger and requires athletes to undergo sickle cell tests or submit the results of prior tests. UC Berkeley says \u003ca href=\"http://uhs.berkeley.edu/students/athletics/pdf/Sickle%20Cell%20Parent%20Letter,%20Final%20Spring%202011.pdf\">it complies\u003c/a> with the policy.\u003c/p>\n\u003cp>In the end, Beaver’s synopsis of Agu’s cause of death stated the player died of hypertrophic cardiomyopathy “based on the information available to me at this time.”\u003c/p>\n\u003cp>“If you read my comment carefully,” he says, “it’s very hesitant on the diagnosis and it leaves a lot of room for the sickle cell to become the diagnosis, given history or more information or whatever, so I agonized over each of those words.”\u003c/p>\n\u003cp>Lawyers for Agu’s family said during a press conference earlier this month that the player, a defensive star at Bakersfield’s Frontier High School, had tested positive for sickle cell trait in 2010, before he came to Cal. They say the school later confirmed that finding. The family’s suit says Agu’s status meant coaches and trainers should have been monitoring him more carefully during the tough Feb. 7 workout session and should have responded much more promptly when they realized he was in distress.\u003c/p>\n\u003cp>“He didn’t die within seconds from the onset of his symptoms,” said attorney Steven Yerrid. “A sickling athlete has very, very definitive symptomatology, it’s very well known. The problem is you have to have people watching, and you have to have people intervening, and looking out for the welfare of the student athlete.”\u003c/p>\n\u003cp>The lawsuit also alleges that Cal was negligent in hiring and supervising one of the trainers overseeing the workout that preceded Agu’s death. That’s because the trainer was also present during what the lawsuit calls a “remarkably similar” 2008 incident at the University of Central Florida, when another player with sickle cell trait died after a workout.\u003c/p>\n\u003cp>In a statement responding to the lawsuit, UC Berkeley reiterated that it follows “all recommended protocols, including those outlined by the NCAA, for all student-athletes with identified medical conditions” — including the requirement for sickle cell testing. The statement also said that the university provided all “relevant medical records — including the results of all medical testing — to the Alameda County coroner.\u003c/p>\n\u003cp>Citing the pending litigation, Cal officials would not say whether the records it provided included information on Agu’s sickle cell status.\u003c/p>\n\u003cp>\u003cstrong>How Big a Danger? And How to Respond?\u003c/strong>\u003c/p>\n\u003cp>As the case begins wending its way through Alameda County Superior Court, medical experts are divided on the magnitude of the danger posed by sickle cell trait and on the best way to respond to it.\u003c/p>\n\u003cp>“I don’t think that kids die of sickle trait,” says Dr. Frans Kuypers. He studies sickle cell trait and its impact on athletes at UCSF-Benioff Children’s Hospital Oakland.\u003c/p>\n\u003cp>“In most of the cases, the kids die of very different kind of things that have nothing to do with sickle trait,” he says.\u003c/p>\n\u003cp>Kuypers says the risk factors for problems associated with sickle cell trait, and how they vary among athletes, are not well understood or well studied. He’s partnering with UC Berkeley on a $100,000 grant from the National Football League to undertake just such a study. He hopes to find out why, for example, one athlete is more likely to have trouble playing in altitude, while another may not.\u003c/p>\n\u003cp>But other experts say there is evidence that sickle cell trait has killed athletes during workouts.\u003c/p>\n\u003cp>Dr. John Strouse is an assistant professor of pediatrics and medicine at Johns Hopkins University School of Medicine who studies and treats patients with sickle cell conditions.\u003c/p>\n\u003cp>“There have been reports from the military where they looked at military recruits undergoing basic training by their sickle cell trait status,” says Strouse, “and they had a much greater risk of having serious heat-related injury” or dying.\u003c/p>\n\u003cp>Strouse says the military opted to use “universal precautions” that apply to all recruits, regardless of sickle cell status, including proper hydration and more breaks from exercise when it’s hot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One medical organization, the American Society of Hematology, says that for a variety of reasons, that approach \u003ca href=\"http://www.npr.org/blogs/health/2012/01/26/145923225/blood-doctors-call-foul-on-ncaas-screening-for-sickle-cell\" target=\"_blank\" rel=\"noopener\">makes more sense\u003c/a> than the NCAA’s testing requirement. The main benefit, it says, is that the universal approach would reduce the risks that all athletes face from extreme exertion.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "san-joses-case-against-major-league-baseball-gets-another-day-in-court",
"title": "San Jose's Case Against Major League Baseball Gets Another Day in Court",
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"content": "\u003cfigure id=\"attachment_144600\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-144600\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o-640x480.jpg\" alt=\"(Matt McGee/Flickr)\" width=\"320\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Matt McGee/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals is hearing arguments Tuesday on \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000720\" target=\"_blank\" rel=\"noopener\">City of San Jose v. Commissioner of Baseball\u003c/a> — or rather, on a key part of the city’s case that focuses on Major League Baseball’s exemption from federal antitrust law.\u003c/p>\n\u003cp>San Jose officials filed the suit last year in an attempt to force major league owners to let the Oakland A’s relocate to the South Bay. That move has been blocked for five years by the San Francisco Giants, the franchise that holds baseball’s territorial rights to San Jose and the rest of Santa Clara County.\u003c/p>\n\u003cp>Today’s action is an appeal of a lower court’s \u003ca href=\"http://www.mercurynews.com/ci_24290747/judge-dismisses-san-jose-antitrust-claims-against-mlb\" target=\"_blank\" rel=\"noopener\">dismissal of most of San Jose’s case\u003c/a>. A three-judge panel will hear about 20 minutes of oral argument from each side. The judges aren’t expected to issue a ruling until sometime this fall, and either side might appeal their decision to the U.S. Supreme Court. Tuesday’s proceedings will be streamed live \u003ca href=\"http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000006503\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/p>\n\u003cp>In advance of the hearing, I spoke with Nathaniel Grow, a law professor at the University of Georgia who specializes in sports law and has written \u003ca href=\"http://www.press.uillinois.edu/books/catalog/56snn7zy9780252038198.html\" target=\"_blank\" rel=\"noopener\">a book\u003c/a> on the \u003ca href=\"http://supreme.justia.com/cases/federal/us/259/200/case.html\" target=\"_blank\" rel=\"noopener\">1922 Supreme Court ruling\u003c/a> that has protected the major leagues from antitrust actions in the past. Grow says the law is not on San Jose’s side.\u003c/p>\n\u003cp>“You’ve got not only three Supreme Court decisions that are binding precedents, but the 9th Circuit has their own binding precedent from the 1970s, saying that this very same issue, relocation of franchises, is covered by baseball’s antitrust exemption. San Jose has to get out of that and come up with some way to convince the judges on the 9th Circuit to ignore all that and rule in their favor. Whereas Major League Baseball’s case is much cleaner. All they have to do is say, ‘Look, this is what the law is, this is how it applies’ — there really isn’t a lot of discretion for the appellate court to exercise its judgment here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Grow says the last time that Major League Baseball’s antitrust exemption came before the Supreme Court was in the 1970s.\u003c/p>\n\u003cp>“And there the Supreme Court said, ‘You know, Congress has known about this for 50 years at this point. They’ve thought about acting, they’ve never acted, so it’s not our place to touch it now. That would be unfair to Major League Baseball to reverse this protection that they’ve been relying on for five decades.’ And I think if this case were to get to the Supreme Court level, that’d be the argument — 40 years later, is it even less fair to MLB to act, or is Congress being so negligent that it’s time for the court to step in?”\u003c/p>\n\u003cp>Grow rates San Jose’s chances of succeeding at the 9th Circuit at less than 10 percent, and he thinks the high court would probably decline to hear an appeal:\u003c/p>\n\u003cp>“But if the Supreme Court does take the case, then I think that’s a really bad sign for Major League Baseball. I don’t see the court wading into this highly contentious, controversial issue for a fourth time only to issue what is sure to be a highly criticized opinion affirming baseball’s antitrust exemption. So, if the Supreme Court agrees to take the case, San Jose would likely win one way or another, either through a settlement or a judicial decision.”\u003c/p>\n\u003cp>I asked Grow if San Jose’s argument — that the A’s want to move, and only MLB’s intransigence is stopping them — was damaged when the A’s owners \u003ca href=\"http://ww2.kqed.org/news/2014/08/06/Coliseum-board-approves-10-year-deal-with-oakland-athletics/\" target=\"_blank\" rel=\"noopener\">signed a 10-year lease extension at the Oakland Coliseum last week\u003c/a> and said they’re talking with architects and \u003ca href=\"http://www.mercurynews.com/ci_26287681/approach-architect-oakland-ballpark\" target=\"_blank\" rel=\"noopener\">looking at sites for a new ballpark in Oakland\u003c/a>.\u003c/p>\n\u003cp>He says it certainly doesn’t help, in part because it casts doubt on San Jose’s standing to bring a suit — since they can’t claim damages for losing a baseball team that they might have never had:\u003c/p>\n\u003cp>“In the past, courts have often said unless a team is 100 percent contractually committed to moving, there is no case yet. And that would be the worst possible outcome for San Jose — for the 9th Circuit to rule that there’s no standing here. If the 9th Circuit affirms the dismissal on ‘no standing’ grounds, there’s very, very, very little chance the Supreme Court would review that.”\u003c/p>\n\u003cp>Given that the court won’t be ruling for a few months, I asked Grow what clues might we get from the oral arguments? He cautioned against trying to read too much into questions from the bench:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Especially here, where the city faces such a strong uphill climb to get over those Supreme Court precedents. The judges will undoubtedly ask some pointed questions of Major League Baseball, because they have to treat both sides a little critically in order to be fair. But if you started to get the sense that at least two of the three judges are willing to disregard precedent — or if they start to suggest the precedents are so outdated that it isn’t binding any more — that’s the type of language that might get San Jose a victory here. It’s much more likely, though, that the judges are critical of San Jose’s case, and that indicates they’re likely to rule for Major League Baseball.”\u003c/p>\n\n",
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"headline": "San Jose's Case Against Major League Baseball Gets Another Day in Court",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_144600\" class=\"wp-caption alignright\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-144600\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/129291830_1a5238edd7_o-640x480.jpg\" alt=\"(Matt McGee/Flickr)\" width=\"320\" height=\"240\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">(Matt McGee/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The 9th U.S. Circuit Court of Appeals is hearing arguments Tuesday on \u003ca href=\"http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000720\" target=\"_blank\" rel=\"noopener\">City of San Jose v. Commissioner of Baseball\u003c/a> — or rather, on a key part of the city’s case that focuses on Major League Baseball’s exemption from federal antitrust law.\u003c/p>\n\u003cp>San Jose officials filed the suit last year in an attempt to force major league owners to let the Oakland A’s relocate to the South Bay. That move has been blocked for five years by the San Francisco Giants, the franchise that holds baseball’s territorial rights to San Jose and the rest of Santa Clara County.\u003c/p>\n\u003cp>Today’s action is an appeal of a lower court’s \u003ca href=\"http://www.mercurynews.com/ci_24290747/judge-dismisses-san-jose-antitrust-claims-against-mlb\" target=\"_blank\" rel=\"noopener\">dismissal of most of San Jose’s case\u003c/a>. A three-judge panel will hear about 20 minutes of oral argument from each side. The judges aren’t expected to issue a ruling until sometime this fall, and either side might appeal their decision to the U.S. Supreme Court. Tuesday’s proceedings will be streamed live \u003ca href=\"http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000006503\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/p>\n\u003cp>In advance of the hearing, I spoke with Nathaniel Grow, a law professor at the University of Georgia who specializes in sports law and has written \u003ca href=\"http://www.press.uillinois.edu/books/catalog/56snn7zy9780252038198.html\" target=\"_blank\" rel=\"noopener\">a book\u003c/a> on the \u003ca href=\"http://supreme.justia.com/cases/federal/us/259/200/case.html\" target=\"_blank\" rel=\"noopener\">1922 Supreme Court ruling\u003c/a> that has protected the major leagues from antitrust actions in the past. Grow says the law is not on San Jose’s side.\u003c/p>\n\u003cp>“You’ve got not only three Supreme Court decisions that are binding precedents, but the 9th Circuit has their own binding precedent from the 1970s, saying that this very same issue, relocation of franchises, is covered by baseball’s antitrust exemption. San Jose has to get out of that and come up with some way to convince the judges on the 9th Circuit to ignore all that and rule in their favor. Whereas Major League Baseball’s case is much cleaner. All they have to do is say, ‘Look, this is what the law is, this is how it applies’ — there really isn’t a lot of discretion for the appellate court to exercise its judgment here.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Grow says the last time that Major League Baseball’s antitrust exemption came before the Supreme Court was in the 1970s.\u003c/p>\n\u003cp>“And there the Supreme Court said, ‘You know, Congress has known about this for 50 years at this point. They’ve thought about acting, they’ve never acted, so it’s not our place to touch it now. That would be unfair to Major League Baseball to reverse this protection that they’ve been relying on for five decades.’ And I think if this case were to get to the Supreme Court level, that’d be the argument — 40 years later, is it even less fair to MLB to act, or is Congress being so negligent that it’s time for the court to step in?”\u003c/p>\n\u003cp>Grow rates San Jose’s chances of succeeding at the 9th Circuit at less than 10 percent, and he thinks the high court would probably decline to hear an appeal:\u003c/p>\n\u003cp>“But if the Supreme Court does take the case, then I think that’s a really bad sign for Major League Baseball. I don’t see the court wading into this highly contentious, controversial issue for a fourth time only to issue what is sure to be a highly criticized opinion affirming baseball’s antitrust exemption. So, if the Supreme Court agrees to take the case, San Jose would likely win one way or another, either through a settlement or a judicial decision.”\u003c/p>\n\u003cp>I asked Grow if San Jose’s argument — that the A’s want to move, and only MLB’s intransigence is stopping them — was damaged when the A’s owners \u003ca href=\"http://ww2.kqed.org/news/2014/08/06/Coliseum-board-approves-10-year-deal-with-oakland-athletics/\" target=\"_blank\" rel=\"noopener\">signed a 10-year lease extension at the Oakland Coliseum last week\u003c/a> and said they’re talking with architects and \u003ca href=\"http://www.mercurynews.com/ci_26287681/approach-architect-oakland-ballpark\" target=\"_blank\" rel=\"noopener\">looking at sites for a new ballpark in Oakland\u003c/a>.\u003c/p>\n\u003cp>He says it certainly doesn’t help, in part because it casts doubt on San Jose’s standing to bring a suit — since they can’t claim damages for losing a baseball team that they might have never had:\u003c/p>\n\u003cp>“In the past, courts have often said unless a team is 100 percent contractually committed to moving, there is no case yet. And that would be the worst possible outcome for San Jose — for the 9th Circuit to rule that there’s no standing here. If the 9th Circuit affirms the dismissal on ‘no standing’ grounds, there’s very, very, very little chance the Supreme Court would review that.”\u003c/p>\n\u003cp>Given that the court won’t be ruling for a few months, I asked Grow what clues might we get from the oral arguments? He cautioned against trying to read too much into questions from the bench:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Especially here, where the city faces such a strong uphill climb to get over those Supreme Court precedents. The judges will undoubtedly ask some pointed questions of Major League Baseball, because they have to treat both sides a little critically in order to be fair. But if you started to get the sense that at least two of the three judges are willing to disregard precedent — or if they start to suggest the precedents are so outdated that it isn’t binding any more — that’s the type of language that might get San Jose a victory here. It’s much more likely, though, that the judges are critical of San Jose’s case, and that indicates they’re likely to rule for Major League Baseball.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "New Classes Aim to Help Paroled 'Lifer' Inmates After Release",
"title": "New Classes Aim to Help Paroled 'Lifer' Inmates After Release",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/162338268\" params=\"color=ff5500&inverse=false&auto_play=false&show_user=true\" width=\"100%\" height='20' iframe=\"true\" /]\u003c/p>\n\u003cfigure id=\"attachment_144411\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-144411\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass1.jpg\" alt=\"Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A profound change is underway in California's criminal justice system.\u003c/p>\n\u003cp>Inmates serving life sentences with the possibility of parole are being released in record numbers. Since 2009, nearly 2,300 lifers have been paroled. That's more than three times the number paroled in the previous 17 years \u003cem>combined\u003c/em>.\u003c/p>\n\u003cp>Gov. Jerry Brown's office insists it has nothing to do with the state's prison overcrowding issue. Instead, he says, it's being driven by recent court rulings that make it harder to deny parole if inmates are no longer considered a risk to public safety.\u003c/p>\n\u003cp>Now, for the first time, the California Department of Corrections and Rehabilitation (CDCR) is offering classes aimed directly at lifers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On a recent weekday morning at Solano State Prison in Vacaville, inmates lined up to receive certificates. They had just completed classes that help them understand how they ended up here. The special guest is not a typical graduation speaker. Instead, they hear from Teresa Courtemanche. Six years ago, her son, Matt, who was on the Fairfield City Council, was shot and killed. He was 22 -- a victim of mistaken identity. She recalls that night when her home phone rang.\u003c/p>\n\u003cp>“It was my friend Terri and she said, ‘I think Matt got shot,’ ” Courtemanche remembers. “ ’What?' ‘I think he got shot.' I said, 'OK, let me go. Let me call his phone.’ And I kept calling his phone and he didn’t answer.”\u003c/p>\n\u003cfigure id=\"attachment_144420\" class=\"wp-caption alignright\" style=\"max-width: 310px\">\u003cimg class=\" wp-image-144420\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/JamesWard.jpg\" alt=\"Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\" width=\"310\" height=\"326\">\u003cfigcaption class=\"wp-caption-text\">Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>She goes on to describe through tears how the murder tore through her family -- and still does. The audience, 40 or so lifers, sits quietly, many of them nodding slowly as she speaks. It's one of the ways inmates hear about the impact that crime has on their victims and their families. Afterward, one of the inmates, James Ward, speaks passionately about the unfairness of violent crime.\u003c/p>\n\u003cp>“When I hear us complaining about how unfair we are treated -- you want to see how unfairness is?” Ward says, pounding the podium for emphasis. “Look at \u003cem>her \u003c/em>experience. When we talk about, 'Oh, the police didn't let me out on the yard or came to search my house.' How messed up that is. That is not unfair!”\u003c/p>\n\u003cp>Ward has spent half his life in prison after stabbing his ex-girlfriend to death over 30 years ago. After being turned down for parole five times, he was finally found suitable earlier this year. Standing in a prison courtyard, Ward says unless that his parole is reversed by the governor, he'll leave Solano Prison Nov. 5.\u003c/p>\n\u003cp>“I have mixed feelings about it, actually,” he confides. “There’s the elation of being found suitable but then the sobering realization of what this has cost -- in my girlfriend’s life and her relatives' lives and my family’s lives. So, the impact is widespread, so I can’t be too celebratory.”\u003c/p>\n\u003cp>A couple years ago, Ward was trained to be a drug and alcohol counselor at Solano, as well as a mentor for other inmates.\u003c/p>\n\u003cp>“Doing this work is part of that making amends in a kind of indirect way to my victims,” Ward says. “But there’s more that I think I could do out of the confines of this limiting environment.”\u003c/p>\n\u003cp>Programs like these are part of a different approach that Gov. Brown has brought to criminal justice. For the first time in decades, inmate rehabilitation is a funding priority. The inmates learn things like anger management, what leads to criminal thinking, the impact crime has on victims and how to reconcile with their own family members if they're released.\u003c/p>\n\u003cp>Rodger Meier, deputy director for rehabilitation with CDCR, says the goal is “to try to make sure that they are suitable for parole, that they don’t impact public safety, and they can successfully go out into society and lead a productive life.”\u003c/p>\n\u003cfigure id=\"attachment_144418\" class=\"wp-caption alignleft\" style=\"max-width: 407px\">\u003cimg class=\"wp-image-144418\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass2.jpg\" alt=\"Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\" width=\"407\" height=\"252\">\u003cfigcaption class=\"wp-caption-text\">Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Nearly half of Solano's 3,300 inmates are lifers, and many will eventually be paroled. And the hope is that programs like these will help them make better decisions than they did before they were sent here.\u003c/p>\n\u003cp>Cynthia Florez-DeLyon, with the CDCR’s Office of Victim Services, says crime victims and their families also benefit when inmates express genuine remorse at parole hearings.\u003c/p>\n\u003cp>“It’s about responsibility and accountability,” says Florez-DeLyon. “And in order for them to internalize and make changes in their lives, they need to understand the impact that they’ve caused as a result of committing a very serious crime that bought them to prison, as well as the impact it had to themselves, to the community and to their families.”\u003c/p>\n\u003cp>I point out that not all crime victims want to see these inmates released.\u003c/p>\n\u003cp>“They may be forgiving, they may be very angry and they want to hold onto that anger and that's OK,” she says. “It's a personal experience that we cannot dictate for victims.\"\u003c/p>\n\u003cp>Talking with these lifers can scramble your stereotypes -- the images you have of a brutal murderer. Like Jose Hernandez. Twenty-one years ago, he went to his ex-girlfriend's home south of San Francisco and strangled her to death with a television cable. He then wrote a suicide note to make it look like she killed herself. He was convicted of second-degree murder.\u003c/p>\n\u003cp>“It’s like the biggest desire to undo the past,” he says. “And that powerlessness to undo the past just motivates me to change now. Change today because I know if I change today, I’m going to change the future.”\u003c/p>\n\u003cp>Today Hernandez leads classes at Solano, helping fellow inmates understand their drug and alcohol addictions. He is thoughtful, articulate and seems genuinely, deeply sorry for what he did -- with insight into why he turned so brutally violent.\u003c/p>\n\u003cp>“For me it was when I was abandoned by my mom about 5 years old and left in the hands of an abuser,” Hernandez says. “I was hurt, I felt worthless and rejected. But that’s where the cycle started.”\u003c/p>\n\u003cp>Last year the Parole Board found Hernandez suitable for release. But Brown reversed it, one of 100 parole recommendations he blocked in 2013, saying he worried Hernandez was still a risk to public safety.\u003c/p>\n\u003cp>A Stanford University study found that less than 1 percent of paroled lifers commit another serious felony. Still, some critics wonder whether all these programs inside prison just teach lifers what to do and say in order to win their release. One crime victim who feels they're essentially being coached on what to tell the parole board is Brigit Fitting Nevin.\u003c/p>\n\u003cp>In 1990, when she was 12, her father, Timothy Fitting, was killed by an employee who struck him in the head with a wrench two dozen times. His murderer has been in prison for 24 years. She says the thought of her father's killer getting out frightens her.\u003c/p>\n\u003cfigure id=\"attachment_144426\" class=\"wp-caption alignright\" style=\"max-width: 364px\">\u003cimg class=\" wp-image-144426\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RecoveryClass.jpg\" alt=\"Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\" width=\"364\" height=\"209\">\u003cfigcaption class=\"wp-caption-text\">Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“There was always this comfort that I had,” Nevin says, fighting back tears. “You know as a child, knowing that even this bad thing occurred, that this person was in jail and that you know I was protected from that and others were protected from that. With them suggesting that he is suitable for parole, that’s been taken away from me.\"\u003c/p>\n\u003cp>In June her father's killer was found suitable for parole. Nevin will urge the governor to block it.\u003c/p>\n\u003cp>David Hillary appreciates \u003cem>his\u003c/em> freedom every day. After serving 18 years in prison for second-degree murder, Hillary was released two years ago. Today he counsels other former lifers.\u003c/p>\n\u003cp>“The most that I could ask for is just have some compassion because I don't necessarily believe I have the \u003cem>right \u003c/em>to a second chance” Hillary says. “If you see my actions are indicative of a different person, have some compassion.\"\u003c/p>\n\u003cp>\u003cem> \u003c/em>With some 26,000 lifers still in prison, the state plans to expand its programs behind bars to help more of them become eligible for parole.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://ww2.kqed.org/news/author/mlam\" target=\"_blank\">Monica Lam\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='20'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/162338268&visual=true&color=ff5500&inverse=false&auto_play=false&show_user=true'\n title='https://api.soundcloud.com/tracks/162338268'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cfigure id=\"attachment_144411\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-144411\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass1.jpg\" alt=\"Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Inmates trained as mentors lead classes as part of the Long-Term Offender Pilot Program at Solano State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A profound change is underway in California's criminal justice system.\u003c/p>\n\u003cp>Inmates serving life sentences with the possibility of parole are being released in record numbers. Since 2009, nearly 2,300 lifers have been paroled. That's more than three times the number paroled in the previous 17 years \u003cem>combined\u003c/em>.\u003c/p>\n\u003cp>Gov. Jerry Brown's office insists it has nothing to do with the state's prison overcrowding issue. Instead, he says, it's being driven by recent court rulings that make it harder to deny parole if inmates are no longer considered a risk to public safety.\u003c/p>\n\u003cp>Now, for the first time, the California Department of Corrections and Rehabilitation (CDCR) is offering classes aimed directly at lifers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On a recent weekday morning at Solano State Prison in Vacaville, inmates lined up to receive certificates. They had just completed classes that help them understand how they ended up here. The special guest is not a typical graduation speaker. Instead, they hear from Teresa Courtemanche. Six years ago, her son, Matt, who was on the Fairfield City Council, was shot and killed. He was 22 -- a victim of mistaken identity. She recalls that night when her home phone rang.\u003c/p>\n\u003cp>“It was my friend Terri and she said, ‘I think Matt got shot,’ ” Courtemanche remembers. “ ’What?' ‘I think he got shot.' I said, 'OK, let me go. Let me call his phone.’ And I kept calling his phone and he didn’t answer.”\u003c/p>\n\u003cfigure id=\"attachment_144420\" class=\"wp-caption alignright\" style=\"max-width: 310px\">\u003cimg class=\" wp-image-144420\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/JamesWard.jpg\" alt=\"Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\" width=\"310\" height=\"326\">\u003cfigcaption class=\"wp-caption-text\">Inmate James Ward trained to be a drug and alcohol counselor at Solano Prison, as well as a mentor for other inmates. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>She goes on to describe through tears how the murder tore through her family -- and still does. The audience, 40 or so lifers, sits quietly, many of them nodding slowly as she speaks. It's one of the ways inmates hear about the impact that crime has on their victims and their families. Afterward, one of the inmates, James Ward, speaks passionately about the unfairness of violent crime.\u003c/p>\n\u003cp>“When I hear us complaining about how unfair we are treated -- you want to see how unfairness is?” Ward says, pounding the podium for emphasis. “Look at \u003cem>her \u003c/em>experience. When we talk about, 'Oh, the police didn't let me out on the yard or came to search my house.' How messed up that is. That is not unfair!”\u003c/p>\n\u003cp>Ward has spent half his life in prison after stabbing his ex-girlfriend to death over 30 years ago. After being turned down for parole five times, he was finally found suitable earlier this year. Standing in a prison courtyard, Ward says unless that his parole is reversed by the governor, he'll leave Solano Prison Nov. 5.\u003c/p>\n\u003cp>“I have mixed feelings about it, actually,” he confides. “There’s the elation of being found suitable but then the sobering realization of what this has cost -- in my girlfriend’s life and her relatives' lives and my family’s lives. So, the impact is widespread, so I can’t be too celebratory.”\u003c/p>\n\u003cp>A couple years ago, Ward was trained to be a drug and alcohol counselor at Solano, as well as a mentor for other inmates.\u003c/p>\n\u003cp>“Doing this work is part of that making amends in a kind of indirect way to my victims,” Ward says. “But there’s more that I think I could do out of the confines of this limiting environment.”\u003c/p>\n\u003cp>Programs like these are part of a different approach that Gov. Brown has brought to criminal justice. For the first time in decades, inmate rehabilitation is a funding priority. The inmates learn things like anger management, what leads to criminal thinking, the impact crime has on victims and how to reconcile with their own family members if they're released.\u003c/p>\n\u003cp>Rodger Meier, deputy director for rehabilitation with CDCR, says the goal is “to try to make sure that they are suitable for parole, that they don’t impact public safety, and they can successfully go out into society and lead a productive life.”\u003c/p>\n\u003cfigure id=\"attachment_144418\" class=\"wp-caption alignleft\" style=\"max-width: 407px\">\u003cimg class=\"wp-image-144418\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/LiferClass2.jpg\" alt=\"Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\" width=\"407\" height=\"252\">\u003cfigcaption class=\"wp-caption-text\">Inmates at Solano State Prison participate in classes as part of the Long-Term Offender Pilot Program. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Nearly half of Solano's 3,300 inmates are lifers, and many will eventually be paroled. And the hope is that programs like these will help them make better decisions than they did before they were sent here.\u003c/p>\n\u003cp>Cynthia Florez-DeLyon, with the CDCR’s Office of Victim Services, says crime victims and their families also benefit when inmates express genuine remorse at parole hearings.\u003c/p>\n\u003cp>“It’s about responsibility and accountability,” says Florez-DeLyon. “And in order for them to internalize and make changes in their lives, they need to understand the impact that they’ve caused as a result of committing a very serious crime that bought them to prison, as well as the impact it had to themselves, to the community and to their families.”\u003c/p>\n\u003cp>I point out that not all crime victims want to see these inmates released.\u003c/p>\n\u003cp>“They may be forgiving, they may be very angry and they want to hold onto that anger and that's OK,” she says. “It's a personal experience that we cannot dictate for victims.\"\u003c/p>\n\u003cp>Talking with these lifers can scramble your stereotypes -- the images you have of a brutal murderer. Like Jose Hernandez. Twenty-one years ago, he went to his ex-girlfriend's home south of San Francisco and strangled her to death with a television cable. He then wrote a suicide note to make it look like she killed herself. He was convicted of second-degree murder.\u003c/p>\n\u003cp>“It’s like the biggest desire to undo the past,” he says. “And that powerlessness to undo the past just motivates me to change now. Change today because I know if I change today, I’m going to change the future.”\u003c/p>\n\u003cp>Today Hernandez leads classes at Solano, helping fellow inmates understand their drug and alcohol addictions. He is thoughtful, articulate and seems genuinely, deeply sorry for what he did -- with insight into why he turned so brutally violent.\u003c/p>\n\u003cp>“For me it was when I was abandoned by my mom about 5 years old and left in the hands of an abuser,” Hernandez says. “I was hurt, I felt worthless and rejected. But that’s where the cycle started.”\u003c/p>\n\u003cp>Last year the Parole Board found Hernandez suitable for release. But Brown reversed it, one of 100 parole recommendations he blocked in 2013, saying he worried Hernandez was still a risk to public safety.\u003c/p>\n\u003cp>A Stanford University study found that less than 1 percent of paroled lifers commit another serious felony. Still, some critics wonder whether all these programs inside prison just teach lifers what to do and say in order to win their release. One crime victim who feels they're essentially being coached on what to tell the parole board is Brigit Fitting Nevin.\u003c/p>\n\u003cp>In 1990, when she was 12, her father, Timothy Fitting, was killed by an employee who struck him in the head with a wrench two dozen times. His murderer has been in prison for 24 years. She says the thought of her father's killer getting out frightens her.\u003c/p>\n\u003cfigure id=\"attachment_144426\" class=\"wp-caption alignright\" style=\"max-width: 364px\">\u003cimg class=\" wp-image-144426\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/08/RecoveryClass.jpg\" alt=\"Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\" width=\"364\" height=\"209\">\u003cfigcaption class=\"wp-caption-text\">Former lifer David Hillary (2nd from left) assists a class for recovering addicts at Options Recovery Services in Berkeley. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>“There was always this comfort that I had,” Nevin says, fighting back tears. “You know as a child, knowing that even this bad thing occurred, that this person was in jail and that you know I was protected from that and others were protected from that. With them suggesting that he is suitable for parole, that’s been taken away from me.\"\u003c/p>\n\u003cp>In June her father's killer was found suitable for parole. Nevin will urge the governor to block it.\u003c/p>\n\u003cp>David Hillary appreciates \u003cem>his\u003c/em> freedom every day. After serving 18 years in prison for second-degree murder, Hillary was released two years ago. Today he counsels other former lifers.\u003c/p>\n\u003cp>“The most that I could ask for is just have some compassion because I don't necessarily believe I have the \u003cem>right \u003c/em>to a second chance” Hillary says. “If you see my actions are indicative of a different person, have some compassion.\"\u003c/p>\n\u003cp>\u003cem> \u003c/em>With some 26,000 lifers still in prison, the state plans to expand its programs behind bars to help more of them become eligible for parole.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cfigure id=\"attachment_136776\" class=\"wp-caption aligncenter\" style=\"max-width: 635px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\">\u003cimg class=\"size-full wp-image-136776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\" alt=\"Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road. \" width=\"635\" height=\"350\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road.\u003c/figcaption>\u003c/figure>\n\u003cp>Salinas Police Chief Kelly McMillin said the department has \"nothing to hide\" after civil rights lawyer John Burris called for a federal investigation into the department,\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2014/07/30/after-four-fatal-shootings-by-salinas-police-lawyer-asks-for-justice-dept-inquiry/\">Earlier this week\u003c/a>, the Oakland attorney asked the U.S. Department of Justice to review the Salinas Police Department, prompted by four fatal officer-involved shootings since late March. All four men killed were Latino.\u003c/p>\n\u003cp>McMillin said the department is not racist and is not intentionally biased.\u003c/p>\n\u003cp>\"We weren't racially profiling anyone. We were responding in every case to calls for service because of the actions of these individuals,\" he said. \"We did not seek them out. They identified themselves by acting violently and frightening, terrorizing the people around them.\"\u003c/p>\n\u003cp>McMillin said any federal review of the department would be premature because the investigations into the shootings are not finished.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The overwhelming number of victims and suspects in violent crimes in Salinas are Latino. And I'm talking about high 90s in each category,\" he said, referring to a February police report to the City Council that broke down crime statistics in Salinas.\u003c/p>\n\u003cp>That report said 91 percent of homicide victims in Salinas were Latino, as were 82 percent of homicide suspects.\u003c/p>\n\u003cp>\" That's not because they are Latino, but because they come from underserved, undereducated, impoverished and, frankly, communities where there's not a lot of hope and opportunity. Because that's where we know that crime and violent crime in particular tends to cluster.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On Tuesday, Burris called the four shootings \"uncalled for, questionable and alarming.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_136776\" class=\"wp-caption aligncenter\" style=\"max-width: 635px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\">\u003cimg class=\"size-full wp-image-136776\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/salinasshooting.png\" alt=\"Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road. \" width=\"635\" height=\"350\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Image from video of May 20, 2014, Salinas police shooting of a suspect at Del Monte Avenue and Sanborn Road.\u003c/figcaption>\u003c/figure>\n\u003cp>Salinas Police Chief Kelly McMillin said the department has \"nothing to hide\" after civil rights lawyer John Burris called for a federal investigation into the department,\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2014/07/30/after-four-fatal-shootings-by-salinas-police-lawyer-asks-for-justice-dept-inquiry/\">Earlier this week\u003c/a>, the Oakland attorney asked the U.S. Department of Justice to review the Salinas Police Department, prompted by four fatal officer-involved shootings since late March. All four men killed were Latino.\u003c/p>\n\u003cp>McMillin said the department is not racist and is not intentionally biased.\u003c/p>\n\u003cp>\"We weren't racially profiling anyone. We were responding in every case to calls for service because of the actions of these individuals,\" he said. \"We did not seek them out. They identified themselves by acting violently and frightening, terrorizing the people around them.\"\u003c/p>\n\u003cp>McMillin said any federal review of the department would be premature because the investigations into the shootings are not finished.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cfigure id=\"attachment_143552\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS3938_high-speed-rail20111118-hpr.jpg\">\u003cimg class=\"size-medium wp-image-143552\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS3938_high-speed-rail20111118-hpr-640x366.jpg\" alt=\"Rendering of high-speed rail. (Courtesy the High-Speed Rail Authority)\" width=\"640\" height=\"366\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rendering of high-speed rail. (Courtesy the High-Speed Rail Authority)\u003c/figcaption>\u003c/figure>\n\u003cp>A state appeals court has delivered a much-needed win for California’s controversial $68 billion High-Speed Rail project.\u003c/p>\n\u003cp>\u003ca href=\"http://www.courts.ca.gov/opinions/documents/C075668.PDF\">In a Thursday evening ruling\u003c/a>, California’s 3\u003csup>rd\u003c/sup> Court of Appeals overturned \u003ca href=\"http://www.reuters.com/article/2013/11/26/us-california-highspeedrail-idUSBRE9AP02520131126\">two November 2013 decisions by a Sacramento judge\u003c/a> blocking the project from tapping into $8 billion in state bond money, and throwing out the proposed San Francisco-to-Los Angeles rail line’s business plan.\u003c/p>\n\u003cp>“Contrary to the trial court's determination, the High-Speed Passenger Train Finance Committee properly found that issuance of bonds for the project was necessary or desirable,” the court ruled, ordering Judge Michael Kenny to validate bond sales financing the project’s initial construction phase.\u003c/p>\n\u003cp>“Without a validation the state could not go to the financial markets to sell the bonds that were approved by the voters (in 2008),” said Brown Administration spokesman H.D. Palmer. “Absent an appeal to the (state) Supreme Court, the 3\u003csup>rd\u003c/sup> District Court of Appeal has now given the state the green light to go forward and sell those bonds.”\u003c/p>\n\u003cp>It’s unclear at this time whether rail opponents will appeal the decision. “I’ve got to talk to my clients, but I suspect they may well appeal it,” said Stuart Flashman, who represents Kings County and others who challenged the project’s legal authority. “Obviously we’re very disappointed. …This ruling, I’m afraid, lets (the rail project) slide on forward.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Governor Jerry Brown has made the rail project a top priority, despite growing concerns from lawmakers in both parties – but primarily Republicans – about the project’s growing cost and feasibility. \u003ca href=\"http://www.sacbee.com/2014/06/12/6480411/budget-deal-spends-cap-and-trade.html\">This year’s state budget allocated $250 million\u003c/a> in cap-and-trade auction revenue for the rail project.\u003c/p>\n\u003cp>Read the full ruling 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\">\n\u003c/p>\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 California High-Speed Rail Appeal Court Ruling on Scribd\" href=\"http://www.scribd.com/doc/235582454/California-High-Speed-Rail-Appeal-Court-Ruling\">California High-Speed Rail Appeal Court Ruling\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>\u003ciframe id=\"doc_28795\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/235582454/content?start_page=1&view_mode=scroll&access_key=key-gTwD2wbxcpECyaYSbO5p&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Governor Jerry Brown has made the rail project a top priority, despite growing concerns from lawmakers in both parties – but primarily Republicans – about the project’s growing cost and feasibility. \u003ca href=\"http://www.sacbee.com/2014/06/12/6480411/budget-deal-spends-cap-and-trade.html\">This year’s state budget allocated $250 million\u003c/a> in cap-and-trade auction revenue for the rail project.\u003c/p>\n\u003cp>Read the full ruling 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\">\n\u003c/p>\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 California High-Speed Rail Appeal Court Ruling on Scribd\" href=\"http://www.scribd.com/doc/235582454/California-High-Speed-Rail-Appeal-Court-Ruling\">California High-Speed Rail Appeal Court Ruling\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>\u003ciframe id=\"doc_28795\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/235582454/content?start_page=1&view_mode=scroll&access_key=key-gTwD2wbxcpECyaYSbO5p&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_143286\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1.jpg\">\u003cimg class=\"size-medium wp-image-143286\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1-640x426.jpg\" alt=\"Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED) \u003ccite>(Isabel Angel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Oakland civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department, whose officers have shot and killed four people since March.\u003c/p>\n\u003cp>All four men killed in the shootings were Latino. Burris, who's representing the family of two of the victims in federal lawsuits, said he can't speak to whether any of the officers involved should be criminally prosecuted.\u003c/p>\n\u003cp>\"But I do know this: that four killings in a very short period of time is uncalled for, it is questionable and it's alarming, if nothing else,\" he said Tuesday during a press conference in front of the San Francisco Federal Building.\u003c/p>\n\u003cp>\"The community has a right to be frightened and concerned about whether the police really are looking out for them, particularly the men, whether they are using the slightest, the slightest of provocations to use deadly force,\" Burris said.\u003c/p>\n\u003cp>If the Department of Justice decides to move forward, Burris said investigators would look into whether the shootings were isolated incidents or part of a pattern in the department.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Salinas Police Chief Kerry McMillin disputed Burris's accusations, \u003ca href=\"http://www.montereyherald.com/news/ci_26239667/families-seek-federal-investigation-salinas-pd\" target=\"_blank\">the Monterey Herald reports\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"In the event that an investigation is done on my department, I can assure Mr. Burris he'll find nothing but committed, dedicated and well-trained officers,\" McMillin told the paper.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_143286\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1.jpg\">\u003cimg class=\"size-medium wp-image-143286\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/burriss1-1-of-1-640x426.jpg\" alt=\"Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department. (Isabel Angell/KQED) \u003ccite>(Isabel Angel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Oakland civil rights lawyer John Burris is asking the U.S. Department of Justice to investigate the Salinas Police Department, whose officers have shot and killed four people since March.\u003c/p>\n\u003cp>All four men killed in the shootings were Latino. Burris, who's representing the family of two of the victims in federal lawsuits, said he can't speak to whether any of the officers involved should be criminally prosecuted.\u003c/p>\n\u003cp>\"But I do know this: that four killings in a very short period of time is uncalled for, it is questionable and it's alarming, if nothing else,\" he said Tuesday during a press conference in front of the San Francisco Federal Building.\u003c/p>\n\u003cp>\"The community has a right to be frightened and concerned about whether the police really are looking out for them, particularly the men, whether they are using the slightest, the slightest of provocations to use deadly force,\" Burris said.\u003c/p>\n\u003cp>If the Department of Justice decides to move forward, Burris said investigators would look into whether the shootings were isolated incidents or part of a pattern in the department.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cfigure id=\"attachment_143248\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-143248\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1-640x433.jpg\" alt=\"The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"433\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal grand jury issued a new criminal indictment against PG&E late Tuesday afternoon in connection with the 2010 San Bruno pipeline explosion that killed eight people and destroyed 38 homes. The revised indictment charges the utility with obstructing the National Transportation Safety Board’s investigation and 27 counts of knowingly and willfully violating the Pipeline Safety Act. The indictment added 16 new charges.\u003c/p>\n\u003cp>“This is huge,” said San Bruno Mayor Jim Ruane. “And hopefully this will spark what really has to be done with our utility, the management of our utility and the oversight of this utility.”\u003c/p>\n\u003cp>PG&E officials immediately issued a statement saying they have not yet viewed the indictment, but that they do not believe the charges are warranted.\u003c/p>\n\u003cp>According to the indictment, PG&E provided NTSB with a draft policy outlining how the utility addressed manufacturing problems with its pipelines. PG&E later withdrew the policy, saying it was an unapproved draft. However, PG&E had been operating under the draft from 2009 through April 2011. The indictment — which replaces one issued by the grand jury in April — charges that, because of the draft policy, PG&E did not properly prioritize many of its oldest natural gas pipelines as high risk.\u003c/p>\n\u003cp>The utility also faces 27 additional charges for violating the Pipeline Safety Act for poor record keeping and pipeline management practices. An investigation found that a large portion of PG&E’s records were either inaccurate or missing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If convicted, PG&E could face court-ordered oversight as well as fines. Separately, PG&E faces a fine of up to $2 billion from the California Public Utilities Commission. The company also will pay $565 million in legal settlements to victims.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>PG&E is next scheduled to appear in court Aug. 18.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_143248\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-143248\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/07/RS11333_104424458-lpr1-640x433.jpg\" alt=\"The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"433\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The shell of a car sits in the driveway of a burned home near the epicenter of the gas line explosion that devastated San Bruno. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal grand jury issued a new criminal indictment against PG&E late Tuesday afternoon in connection with the 2010 San Bruno pipeline explosion that killed eight people and destroyed 38 homes. The revised indictment charges the utility with obstructing the National Transportation Safety Board’s investigation and 27 counts of knowingly and willfully violating the Pipeline Safety Act. The indictment added 16 new charges.\u003c/p>\n\u003cp>“This is huge,” said San Bruno Mayor Jim Ruane. “And hopefully this will spark what really has to be done with our utility, the management of our utility and the oversight of this utility.”\u003c/p>\n\u003cp>PG&E officials immediately issued a statement saying they have not yet viewed the indictment, but that they do not believe the charges are warranted.\u003c/p>\n\u003cp>According to the indictment, PG&E provided NTSB with a draft policy outlining how the utility addressed manufacturing problems with its pipelines. PG&E later withdrew the policy, saying it was an unapproved draft. However, PG&E had been operating under the draft from 2009 through April 2011. The indictment — which replaces one issued by the grand jury in April — charges that, because of the draft policy, PG&E did not properly prioritize many of its oldest natural gas pipelines as high risk.\u003c/p>\n\u003cp>The utility also faces 27 additional charges for violating the Pipeline Safety Act for poor record keeping and pipeline management practices. An investigation found that a large portion of PG&E’s records were either inaccurate or missing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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