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"content": "\u003cfigure id=\"attachment_98178\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/05/28/bay-area-participatory-budgeting/town-of-vallejo-california-declares-bankruptcy-2/\" rel=\"attachment wp-att-98178\">\u003cimg class=\"size-medium wp-image-98178\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/vallejo-640x421.jpg\" alt=\"Georgia Street in downtown Vallejo. (Justin Sulivan/Getty Images)\" width=\"640\" height=\"421\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Georgia Street in downtown Vallejo. (Justin Sulivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>KQED interviewed Vallejo City Manager Daniel E. Keen about the spike in fatal shootings by Vallejo police in 2012 and beyond. Keen declined to speak in person and said he would answer questions only by email. Here is an edited version of that interview.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> How has Vallejo’s bankruptcy impacted public safety in the city? I understand the police department has lost a significant number of officers, and is now making a recruitment push to replenish staff.\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong>Vallejo’s significant decline in property tax and sales tax revenue, as a result of the recession, had a significant negative impact on public safety staffing for both police and fire. Both departments reduced staffing by more than 40 percent at the lowest staffing point. At one time, the Vallejo Police Department was authorized staffing for 158 sworn officers. That authorized staffing level had dropped to 88 officers, with actual staffing dropping to as low as 77 officers in 2013. Today, the Vallejo Police Department has an authorized sworn staffing level of 110 police officers. As of May 1, 2014, actual sworn staffing is at 91 police officers with an additional four (4) police trainees attending the police academy. We anticipate that our sworn staffing level will be at 95-98 police officers by June 30, 2014, and we believe that we will reach 105-110 sworn by Dec. 31, 2014.\u003c/p>\n\u003cp>Vallejo’s bankruptcy process provided the opportunity to restructure labor agreements and has reduced the cost of providing public safety services to the community. Additionally, in November 2011 Vallejo voters approved Measure B (1 percent sales tax for 10 years) which has provided increased resources for investment in public safety technology and staffing.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Are there additional socioeconomic factors that can also affect public safety? For instance, I know that in 2012 there were 14 homicides in Vallejo and 24 in 2013 (not counting fatal officer-involved shootings). Do you think economic issues in the city (unemployment or others) are affecting this trend, and what is the city doing about it?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> The spike of homicides in 2013 are most directly attributed to gang activity in Vallejo. More than 75 percent of all homicides in 2013 were gang-related. The nearby city of Fairfield has experienced many of the same violent crime-related incidents that we have seen in Vallejo. There are numerous socioeconomic factors related to violent crimes in our country. However, most law enforcement agencies throughout California; from Fresno to Oakland and Stockton to Sacramento, will agree that issues pertaining to gangs, a proliferation of firearms, and drugs and alcohol are quite often associated with violent crimes, including homicide.\u003c/p>\n\u003cp>Over the past two years, the Vallejo Police Department has initiated and implemented numerous crime prevention and crime intervention strategies in an effort to combat and reduce violent crimes in our community. We believe that many of the proactive steps taken have had a positive effect by way of reducing violent crimes in Vallejo in the first quarter of 2014. The command staff of the department recently met with the Eastern District U.S. Attorney and several other local, state and federal law enforcement agencies, including the FBI, ATF, IRS, Stockton and Sacramento Police Departments, Sacramento and Solano Sheriff’s Departments, California Highway Patrol and crime analysis partners in an effort to discuss common problem-solving strategies and to search for solutions to reduce violent crimes in our communities.\u003c/p>\n\u003cp>The Vallejo Police Department conducted joint targeted enforcement operations with the California Highway Patrol and Solano County Sheriff’s Department in 2013, and a Vallejo police officer will be assigned to the Solano Sheriff’s Special Enforcement Team in 2014 to assist in the focus on parolees and probationers in Solano County, especially those who are prone to commit violent crimes. We have also initiated discussions with our local FBI office to place a Vallejo police officer on a new FBI “Safe Streets Task Force.”\u003c/p>\n\u003cp>\u003cstrong>U.S. Department of Justice's 2013 Visit\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> I understand the U.S. Department of Justice facilitated a series of community meetings in early 2013 in an effort to improve the relationship between the community and Vallejo’s Police Department. Was that effort successful, and is the city doing anything else to continue this effort?\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> Yes, The U.S. Department of Justice Community Relations Service assisted the City of Vallejo with a series of community meetings designed to focus on relationships between the Vallejo Police Department and the community in an effort to build trust and relationships. We believe that the meetings were successful in providing information directly to community members in small group settings. Since that time, the Vallejo Police Department has established a Community Relations Section within the department. The Community Relations Section has reached out to the community and provided information and training on crime prevention; established new and reinforced existing Neighborhood Watch programs; held neighborhood and community meetings; and attended many other community meetings with a focus on enhancing police/community relations.\u003c/p>\n\u003cp>The Department also reviewed citizen complaints and revised our policies and procedures related to the citizen complaint process.\u003c/p>\n\u003cp>From 2012-2013 the Vallejo Police Department worked closely with a Citizens Public Safety Advisory Committee. The committee made numerous recommendations for the enhancement of public safety, police/community relationships, public safety communication and police professionalism in our community. The Department embraced these suggestions, and numerous policy, procedure and program changes were implemented as a result of this successful police/community partnership.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Is there any other effort underway in the city of Vallejo to reduce the number of fatal or otherwise violent contacts between police and citizens, especially citizens who are unarmed?\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> For the past two years, the Vallejo Police Department has invested thousands of hours of training to ensure that our officers are prepared to respond to any critical incident or potential violent confrontation. In 2013, the department purchased (and incorporated into our training regimen) a state-of-the art defensive tactics and firearms simulator that trains our officers in “decision-based scenarios” related to potential violent contacts. The Vallejo Police Department continually reviews, evaluates and amends policies and procedures related to use of force and response to critical incidents. For the past two years, the department has been engaged in a complete renovation of policies and procedures by way of transitioning to the “Lexipol” Policy Manual. More than 95 percent of California law enforcement agencies and more than 1,500 total public safety agencies subscribe to the Lexipol Policy system. The department has made numerous policy and procedure changes during these past two years, and the implementation of the Lexipol system in the next few months will complete a very comprehensive review and change of key department policies. The Vallejo Police Department is currently in the final meet-and-confer stage with the Vallejo Police Officer’s Association to complete this transition.\u003c/p>\n\u003cp>Virtually every day, Vallejo PD officers encounter individuals with firearms and other dangerous weapons. In 2012 and 2013, through direct contact with citizens and Vallejo police officers, each year, more than 200 illegal firearms were seized from individuals in Vallejo. In 2013, Vallejo police officers responded to hundreds of “shots-fired” calls, including more than 200 shootings where individuals were victims of firearms violence.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Regarding the Vallejo Police Department’s recruitment effort, I recently found a video published April 16, 2014, on YouTube and propagated in your newsletter. The video shows a line of six police officers holding assault rifles and shotguns, a K-9 officer commanding a dog that then runs off screen, an officer drawing his handgun against a backdrop of a man on a front lawn, and a mock SWAT raid in which officers throw a (tear gas?) grenade into a home and then charge in. When I showed this video to an independent legal expert I’ve interviewed for this story, he was amazed and talked at length about it showing a disregard for the Vallejo Police Department’s recent history of fatal shootings of civilians, which continues beyond 2012. Is the level of dramatized lethal force in this video appropriate, given Vallejo’s crime rate and/or officer-involved fatal incident record? \u003ca href=\"https://www.youtube.com/watch?v=12d9Y_xM7VY\">https://www.youtube.com/watch?v=12d9Y_xM7VY\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> Your independent legal expert certainly has his/her right to their opinion regarding the Vallejo Police Department’s Recruitment Video. We disagree with the assessment that this recruitment video displays a disregard for citizens in Vallejo.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Finally, the independent legal expert I have interviewed for this story said if a single police officer is involved in more than one fatal incident in the period of a year, it becomes a question of department management rather than actions of the individual officer, and that officer would almost always be reassigned. I have information that at least two officers in the Vallejo Police Department fit that criteria: Sean Kenney (3) and Joseph McCarthy (2). Does the department or the city have any policy regarding this issue? (Note: this question would likely be better directed to your police chief, but repeated requests for comment from Joseph Kreins resulted in Lt. Sid De Jesus telling me that as a new “organizational policy,” the department would no longer comment at all on any aspect of officer-involved shootings).\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> The Vallejo Police Department investigates, or provides for the investigation of every such incident, and makes decisions about potential reassignment based on the information revealed in the investigation\u003cstrong>. \u003c/strong>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_98178\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/05/28/bay-area-participatory-budgeting/town-of-vallejo-california-declares-bankruptcy-2/\" rel=\"attachment wp-att-98178\">\u003cimg class=\"size-medium wp-image-98178\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/vallejo-640x421.jpg\" alt=\"Georgia Street in downtown Vallejo. (Justin Sulivan/Getty Images)\" width=\"640\" height=\"421\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Georgia Street in downtown Vallejo. (Justin Sulivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>KQED interviewed Vallejo City Manager Daniel E. Keen about the spike in fatal shootings by Vallejo police in 2012 and beyond. Keen declined to speak in person and said he would answer questions only by email. Here is an edited version of that interview.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> How has Vallejo’s bankruptcy impacted public safety in the city? I understand the police department has lost a significant number of officers, and is now making a recruitment push to replenish staff.\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong>Vallejo’s significant decline in property tax and sales tax revenue, as a result of the recession, had a significant negative impact on public safety staffing for both police and fire. Both departments reduced staffing by more than 40 percent at the lowest staffing point. At one time, the Vallejo Police Department was authorized staffing for 158 sworn officers. That authorized staffing level had dropped to 88 officers, with actual staffing dropping to as low as 77 officers in 2013. Today, the Vallejo Police Department has an authorized sworn staffing level of 110 police officers. As of May 1, 2014, actual sworn staffing is at 91 police officers with an additional four (4) police trainees attending the police academy. We anticipate that our sworn staffing level will be at 95-98 police officers by June 30, 2014, and we believe that we will reach 105-110 sworn by Dec. 31, 2014.\u003c/p>\n\u003cp>Vallejo’s bankruptcy process provided the opportunity to restructure labor agreements and has reduced the cost of providing public safety services to the community. Additionally, in November 2011 Vallejo voters approved Measure B (1 percent sales tax for 10 years) which has provided increased resources for investment in public safety technology and staffing.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Are there additional socioeconomic factors that can also affect public safety? For instance, I know that in 2012 there were 14 homicides in Vallejo and 24 in 2013 (not counting fatal officer-involved shootings). Do you think economic issues in the city (unemployment or others) are affecting this trend, and what is the city doing about it?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> The spike of homicides in 2013 are most directly attributed to gang activity in Vallejo. More than 75 percent of all homicides in 2013 were gang-related. The nearby city of Fairfield has experienced many of the same violent crime-related incidents that we have seen in Vallejo. There are numerous socioeconomic factors related to violent crimes in our country. However, most law enforcement agencies throughout California; from Fresno to Oakland and Stockton to Sacramento, will agree that issues pertaining to gangs, a proliferation of firearms, and drugs and alcohol are quite often associated with violent crimes, including homicide.\u003c/p>\n\u003cp>Over the past two years, the Vallejo Police Department has initiated and implemented numerous crime prevention and crime intervention strategies in an effort to combat and reduce violent crimes in our community. We believe that many of the proactive steps taken have had a positive effect by way of reducing violent crimes in Vallejo in the first quarter of 2014. The command staff of the department recently met with the Eastern District U.S. Attorney and several other local, state and federal law enforcement agencies, including the FBI, ATF, IRS, Stockton and Sacramento Police Departments, Sacramento and Solano Sheriff’s Departments, California Highway Patrol and crime analysis partners in an effort to discuss common problem-solving strategies and to search for solutions to reduce violent crimes in our communities.\u003c/p>\n\u003cp>The Vallejo Police Department conducted joint targeted enforcement operations with the California Highway Patrol and Solano County Sheriff’s Department in 2013, and a Vallejo police officer will be assigned to the Solano Sheriff’s Special Enforcement Team in 2014 to assist in the focus on parolees and probationers in Solano County, especially those who are prone to commit violent crimes. We have also initiated discussions with our local FBI office to place a Vallejo police officer on a new FBI “Safe Streets Task Force.”\u003c/p>\n\u003cp>\u003cstrong>U.S. Department of Justice's 2013 Visit\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> I understand the U.S. Department of Justice facilitated a series of community meetings in early 2013 in an effort to improve the relationship between the community and Vallejo’s Police Department. Was that effort successful, and is the city doing anything else to continue this effort?\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> Yes, The U.S. Department of Justice Community Relations Service assisted the City of Vallejo with a series of community meetings designed to focus on relationships between the Vallejo Police Department and the community in an effort to build trust and relationships. We believe that the meetings were successful in providing information directly to community members in small group settings. Since that time, the Vallejo Police Department has established a Community Relations Section within the department. The Community Relations Section has reached out to the community and provided information and training on crime prevention; established new and reinforced existing Neighborhood Watch programs; held neighborhood and community meetings; and attended many other community meetings with a focus on enhancing police/community relations.\u003c/p>\n\u003cp>The Department also reviewed citizen complaints and revised our policies and procedures related to the citizen complaint process.\u003c/p>\n\u003cp>From 2012-2013 the Vallejo Police Department worked closely with a Citizens Public Safety Advisory Committee. The committee made numerous recommendations for the enhancement of public safety, police/community relationships, public safety communication and police professionalism in our community. The Department embraced these suggestions, and numerous policy, procedure and program changes were implemented as a result of this successful police/community partnership.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Is there any other effort underway in the city of Vallejo to reduce the number of fatal or otherwise violent contacts between police and citizens, especially citizens who are unarmed?\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> For the past two years, the Vallejo Police Department has invested thousands of hours of training to ensure that our officers are prepared to respond to any critical incident or potential violent confrontation. In 2013, the department purchased (and incorporated into our training regimen) a state-of-the art defensive tactics and firearms simulator that trains our officers in “decision-based scenarios” related to potential violent contacts. The Vallejo Police Department continually reviews, evaluates and amends policies and procedures related to use of force and response to critical incidents. For the past two years, the department has been engaged in a complete renovation of policies and procedures by way of transitioning to the “Lexipol” Policy Manual. More than 95 percent of California law enforcement agencies and more than 1,500 total public safety agencies subscribe to the Lexipol Policy system. The department has made numerous policy and procedure changes during these past two years, and the implementation of the Lexipol system in the next few months will complete a very comprehensive review and change of key department policies. The Vallejo Police Department is currently in the final meet-and-confer stage with the Vallejo Police Officer’s Association to complete this transition.\u003c/p>\n\u003cp>Virtually every day, Vallejo PD officers encounter individuals with firearms and other dangerous weapons. In 2012 and 2013, through direct contact with citizens and Vallejo police officers, each year, more than 200 illegal firearms were seized from individuals in Vallejo. In 2013, Vallejo police officers responded to hundreds of “shots-fired” calls, including more than 200 shootings where individuals were victims of firearms violence.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Regarding the Vallejo Police Department’s recruitment effort, I recently found a video published April 16, 2014, on YouTube and propagated in your newsletter. The video shows a line of six police officers holding assault rifles and shotguns, a K-9 officer commanding a dog that then runs off screen, an officer drawing his handgun against a backdrop of a man on a front lawn, and a mock SWAT raid in which officers throw a (tear gas?) grenade into a home and then charge in. When I showed this video to an independent legal expert I’ve interviewed for this story, he was amazed and talked at length about it showing a disregard for the Vallejo Police Department’s recent history of fatal shootings of civilians, which continues beyond 2012. Is the level of dramatized lethal force in this video appropriate, given Vallejo’s crime rate and/or officer-involved fatal incident record? \u003ca href=\"https://www.youtube.com/watch?v=12d9Y_xM7VY\">https://www.youtube.com/watch?v=12d9Y_xM7VY\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> Your independent legal expert certainly has his/her right to their opinion regarding the Vallejo Police Department’s Recruitment Video. We disagree with the assessment that this recruitment video displays a disregard for citizens in Vallejo.\u003c/p>\n\u003cp>\u003cstrong>Q. \u003c/strong> Finally, the independent legal expert I have interviewed for this story said if a single police officer is involved in more than one fatal incident in the period of a year, it becomes a question of department management rather than actions of the individual officer, and that officer would almost always be reassigned. I have information that at least two officers in the Vallejo Police Department fit that criteria: Sean Kenney (3) and Joseph McCarthy (2). Does the department or the city have any policy regarding this issue? (Note: this question would likely be better directed to your police chief, but repeated requests for comment from Joseph Kreins resulted in Lt. Sid De Jesus telling me that as a new “organizational policy,” the department would no longer comment at all on any aspect of officer-involved shootings).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>A. \u003c/strong> The Vallejo Police Department investigates, or provides for the investigation of every such incident, and makes decisions about potential reassignment based on the information revealed in the investigation\u003cstrong>. \u003c/strong>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Video: Freed After Years in San Quentin, Richmond Man Seizes His Second Chance",
"title": "Video: Freed After Years in San Quentin, Richmond Man Seizes His Second Chance",
"headTitle": "News Fix | KQED News",
"content": "\u003caside class=\"aligncenter\">[youtube http://www.youtube.com/watch?v=-LiBf4jQ814?rel=0&w=640&h=360]\u003c/aside>\n\u003cp>Talking to James Houston today, it's difficult to imagine the troubled young man he was back in 1996, when he shot and killed a neighbor during an argument.\u003c/p>\n\u003cp>He spent 17 years behind bars at San Quentin State Prison, where he earned a college degree, became an addiction counselor and even pitched a tech startup to some Silicon Valley venture capitalists.\u003c/p>\n\u003cp>But before 2009, even a model inmate like Houston had little chance of ever leaving prison. The parole board was reluctant to let \"lifers\" out, and when it did, the governor would often overturn its decision. In 2000, for example, 13 lifers were released as Gov. Pete Wilson reversed 92 percent of the parole board’s findings that year.\u003c/p>\n\u003cp>[contextly_sidebar id=\"c49e9bf6daa345011a9fa090f12f204b\"]\u003c/p>\n\u003cp>But that began to change when a key California Supreme Court ruling limited the reasons that lifers may be denied parole. The board and the governor can no longer consider the severity of the crime alone, and they now have to ask how dangerous the person is today.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In 2012, 443 lifers got out as Gov. Jerry Brown let 81 percent of the parole board’s decisions stand. At a recent rally for victims' rights, Brown said, “I’m worried about a number of things, but after we catalog our worries, we have to do what our job is, and I try to do that with common sense and a certain degree of compassion.”\u003c/p>\n\u003cp>The recidivism rate for lifers is less than 1 percent, according to the Stanford Criminal Justice Center.\u003c/p>\n\u003cp>James Houston has two jobs. By day, he drives Richmond's roughest blocks looking for the young men most likely to shoot someone or be shot. He's an outreach worker at the Richmond Office of Neighborhood Safety, which many credit as an important reason violent crime is reducing in the city.\u003c/p>\n\u003cp>\"A lot of these kids have never had a man take an interest in them without eventually asking for something in return,\" said Houston.\u003c/p>\n\u003cp>At night he's an addiction counselor at Options Recovery Services in downtown Berkeley. Just-released lifers go there to get help finding housing, employment and things like a ride to Target to buy a toothbrush and soap.\u003c/p>\n\u003cp>A year after his release, Houston has moved from transitional housing to a tidy house in Richmond, where he checks his 6-year-old stepson's homework while his wife makes lasagna. The couple knew each other as teenagers, and reconnected decades later when she sent him a letter at San Quentin.\u003c/p>\n\u003cp>His older son, James Jr., was 10 months old when he went to prison. Now 18, James Jr. keeps a large stack of letters Houston wrote him from prison. \"I wanted to be like 'Leave It to Beaver'-- to be able to kiss my son on the cheek, show him a different type of man,\" said Houston.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He now has a second chance.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003caside class=\"aligncenter\">\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/-LiBf4jQ814?rel=0'\n title='//www.youtube.com/embed/-LiBf4jQ814?rel=0'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/aside>\n\u003cp>Talking to James Houston today, it's difficult to imagine the troubled young man he was back in 1996, when he shot and killed a neighbor during an argument.\u003c/p>\n\u003cp>He spent 17 years behind bars at San Quentin State Prison, where he earned a college degree, became an addiction counselor and even pitched a tech startup to some Silicon Valley venture capitalists.\u003c/p>\n\u003cp>But before 2009, even a model inmate like Houston had little chance of ever leaving prison. The parole board was reluctant to let \"lifers\" out, and when it did, the governor would often overturn its decision. In 2000, for example, 13 lifers were released as Gov. Pete Wilson reversed 92 percent of the parole board’s findings that year.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But that began to change when a key California Supreme Court ruling limited the reasons that lifers may be denied parole. The board and the governor can no longer consider the severity of the crime alone, and they now have to ask how dangerous the person is today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In 2012, 443 lifers got out as Gov. Jerry Brown let 81 percent of the parole board’s decisions stand. At a recent rally for victims' rights, Brown said, “I’m worried about a number of things, but after we catalog our worries, we have to do what our job is, and I try to do that with common sense and a certain degree of compassion.”\u003c/p>\n\u003cp>The recidivism rate for lifers is less than 1 percent, according to the Stanford Criminal Justice Center.\u003c/p>\n\u003cp>James Houston has two jobs. By day, he drives Richmond's roughest blocks looking for the young men most likely to shoot someone or be shot. He's an outreach worker at the Richmond Office of Neighborhood Safety, which many credit as an important reason violent crime is reducing in the city.\u003c/p>\n\u003cp>\"A lot of these kids have never had a man take an interest in them without eventually asking for something in return,\" said Houston.\u003c/p>\n\u003cp>At night he's an addiction counselor at Options Recovery Services in downtown Berkeley. Just-released lifers go there to get help finding housing, employment and things like a ride to Target to buy a toothbrush and soap.\u003c/p>\n\u003cp>A year after his release, Houston has moved from transitional housing to a tidy house in Richmond, where he checks his 6-year-old stepson's homework while his wife makes lasagna. The couple knew each other as teenagers, and reconnected decades later when she sent him a letter at San Quentin.\u003c/p>\n\u003cp>His older son, James Jr., was 10 months old when he went to prison. Now 18, James Jr. keeps a large stack of letters Houston wrote him from prison. \"I wanted to be like 'Leave It to Beaver'-- to be able to kiss my son on the cheek, show him a different type of man,\" said Houston.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He now has a second chance.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>http://www.kqed.org/.stream/anon/radio/tcrmag/2014/05/2014-05-16b-tcrmag.mp3\u003c/p>\n\u003cp>For decades, California inmates serving sentences like 25-years-to-life had very little chance of being released. Parole was routinely denied by the Board of Parole Hearings, or blocked by the governor.\u003c/p>\n\u003cp>But in the past few years, there's been a dramatic change. Since a key Supreme Court ruling in 2008, the number of so-called \"lifers\" winning parole has steadily climbed. Since then, more than 1,700 lifers have been released\u003c/p>\n\u003cp>The change is being felt on both sides of the prison walls. At a recent graduation day at San Quentin State Prison, about 50 inmates — most of them lifers — collected their diplomas from a course in leadership. \u003c/p>\n\u003cp>After the ceremony, Associate Warden Jeff Lawson said that as more and more lifers are granted parole and leave prison, the inmates are taking notice.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Most of these guys understand there is light at the end of the tunnel now,” Lawson says. “So it just helps improve the overall environment for them. And it gets the ones who were maybe straddling the fence to get off the fence and get on the right side.”\u003c/p>\n\u003cp>http://youtu.be/-LiBf4jQ814\u003c/p>\n\u003cp>Inmate Duane Reynolds just completed the leadership course. On the way back to his cellblock, he describes the crime that sent him away more than 25 years ago.\u003c/p>\n\u003cp>“As a matter of fact, what I did was, I murdered my uh, my supervisor,” Reynolds says. “High on drugs. So my life was out of control.”\u003c/p>\n\u003cp>Reynolds was 30 at the time. His sentence: 26 years to life. He's now 54. Despite being denied parole three times, Reynolds is hopeful. Next month, he says, the parole board will decide — once again — if he's suitable for parole and no longer a risk to society. I ask him if he thinks he's suitable?\u003c/p>\n\u003cp>“That's a very difficult question for me,” he answers. “I will say this: I'm a changed individual. But the fact that I took another human being's life, that's a hard question for me.”\u003c/p>\n\u003cp>Reynolds says he and his fellow San Quentin inmates are very aware that after years of routine denials of parole, word is out: If you do the work, complete the programs and stay in line, release is a very real possibility.\u003c/p>\n\u003cp>“The fact that people are going home is really encouraging to a lot of individuals,” he notes.\u003c/p>\n\u003cp>Since 2009, more than twice as many lifers have been paroled than in the previous two decades combined. There are several reasons for that. State Supreme Court rulings that made it tougher to deny parole to inmates who are no longer a threat to public safety.\u003c/p>\n\u003cp>Also Gov. Jerry Brown's 12 appointees on the parole board are granting parole at a much higher rate than previous commissioners.\u003c/p>\n\u003cp>And unlike his predecessors, who usually blocked parole for murderers, Brown is allowing 80 percent of the parole recommendations to go forward.\u003c/p>\n\u003cp>While you might think that freedom after decades in prison is all upside, the reality is more complicated.\u003c/p>\n\u003cp>Gregory Rivers was just released from Solano State Prison after serving more than three decades for a murder. The former gang member was 17 at the time. Now 55, he recalls that first full day on the outside.\u003c/p>\n\u003cp>“That morning when I woke up, got dressed — it's about 6 in the morning — I was scared to open the door,” Rivers remembers. “Because while I’m free physically, mentally I still have some work to do.”\u003c/p>\n\u003cfigure id=\"attachment_10341813\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/TCRLifersDudes.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/TCRLifersDudes-400x338.jpg\" alt=\"Just-released lifers can find housing, counseling, and help getting a driver's license at Options Recovery in Berkeley. (Jeremy Raff/KQED)\" width=\"400\" height=\"338\" class=\"size-thumbnail wp-image-10341813\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/05/TCRLifersDudes-400x338.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/05/TCRLifersDudes.jpg 550w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Just-released lifers can find housing, counseling, and help getting a driver's license at Options Recovery in Berkeley. (Jeremy Raff/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>He worries that somehow his newfound freedom will lead to trouble — and back to prison. \u003c/p>\n\u003cp>“I do plan to walk a straight and narrow path and give back to society,” he says, adding, “You know, it's remarkable that I was given a second chance when I didn't give my victims a second chance.\"\u003c/p>\n\u003cp>Rivers is standing inside a Chinese restaurant in Berkeley. He is, in a sense, the guest of honor, joining a dozen other former lifers recently released from prison.\u003c/p>\n\u003cp>The gathering is part celebration, part reunion. All the men were trained to be drug and alcohol counselors while they were still in prison. Some will continue that work now.\u003c/p>\n\u003cp>Sitting around a larger corner table in the restaurant, the men share their feelings — and their fears. One of them, Vandrick Towns, remembers entering prison at the age of 17, thinking, he says, he was \"the biggest, baddest person alive.\"\u003c/p>\n\u003cp>As the others reach for more food and clean their plates, Towns says he's learned to be vulnerable — how to cry and how to give his pain a voice.\u003c/p>\n\u003cp>“That’s something I never did during my childhood,” Towns says. “Never talked about things, whether they was good or bad. I never talked. I stayed isolated. Today I’m comfortable with talking because I’m comfortable in my own skin.”\u003c/p>\n\u003cp>Out of prison less than a year now, Towns works at Options Recovery Services in Berkeley, a nonprofit group that works with inmates and parolees. But, he remembers, finding that first job wasn't easy.\u003c/p>\n\u003cp>“For my first six months nobody wanted to touch me,” he recalls. “When it got to the job interview — ‘Oh, you’re very articulate, you’re very educated. Oh, you’re a parolee? Sorry. Next.’ ”\u003c/p>\n\u003cp>Another former lifer, Greg Jones, was also released from the Solano prison just over a week ago. On this day, he's celebrating something most of us take for granted.\u003c/p>\n\u003cp>“I got my ID today and I was elated,” Jones says to bellows of laughter. “That was a big deal. And I got my driver’s license today, also.”\u003c/p>\n\u003cp>The men laugh and warn him not to text and drive.\u003c/p>\n\u003cp>But there are plenty of serious moments. They talk about getting reacquainted with their children — and grandchildren. One of them, David Hillary, stresses the importance of keeping a positive attitude.\u003c/p>\n\u003cp>“Every day I have to go to bed, and knowing this is an opportunity I was given ... I will never squander it like I did before in the past,” he says.\u003c/p>\n\u003cp>The philosopher in the group seems to be James Thomas. Crisply dressed in blue jeans and a white, button-down shirt, Thomas talks about humility and resisting disappointment when he's turned down for jobs. The key, he says, is patience.\u003c/p>\n\u003cp>“And everything good will come to you if you just wait for it,” Thomas says to a hushed room. “I’ve tried to chase it and I guarantee you it’s an uphill battle trying to catch it. Because no matter how close you get, it’s always gonna be one step ahead of you. “\u003c/p>\n\u003cp>There are more than 26,000 California inmates serving life sentences with the possibility of parole. Many will never get out. Those who do will need the kind of support these men have found to make the most of their second chance.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, \"Second Chance: Lifers and Parole in California.\"\u003c/em>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/behind-californias-dramatic-increase-in-lifers-freed-from-prison/\" target=\"_blank\">Behind California's Dramatic Increase in Lifers Freed from Prisons\u003c/a>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/timeline-a-history-of-the-california-lifers-up-for-parole/\" target=\"_blank\">Timeline: History of California Lifers Up for Parole\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/video-lifer-free-richmond\" target=\"_blank\">Video: Freed After Years in San Quentin, Richmond Man Seizes His Second Chance\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>http://www.kqed.org/.stream/anon/radio/tcrmag/2014/05/2014-05-16b-tcrmag.mp3\u003c/p>\n\u003cp>For decades, California inmates serving sentences like 25-years-to-life had very little chance of being released. Parole was routinely denied by the Board of Parole Hearings, or blocked by the governor.\u003c/p>\n\u003cp>But in the past few years, there's been a dramatic change. Since a key Supreme Court ruling in 2008, the number of so-called \"lifers\" winning parole has steadily climbed. Since then, more than 1,700 lifers have been released\u003c/p>\n\u003cp>The change is being felt on both sides of the prison walls. At a recent graduation day at San Quentin State Prison, about 50 inmates — most of them lifers — collected their diplomas from a course in leadership. \u003c/p>\n\u003cp>After the ceremony, Associate Warden Jeff Lawson said that as more and more lifers are granted parole and leave prison, the inmates are taking notice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Most of these guys understand there is light at the end of the tunnel now,” Lawson says. “So it just helps improve the overall environment for them. And it gets the ones who were maybe straddling the fence to get off the fence and get on the right side.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/-LiBf4jQ814'\n title='//www.youtube.com/embed/-LiBf4jQ814'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Inmate Duane Reynolds just completed the leadership course. On the way back to his cellblock, he describes the crime that sent him away more than 25 years ago.\u003c/p>\n\u003cp>“As a matter of fact, what I did was, I murdered my uh, my supervisor,” Reynolds says. “High on drugs. So my life was out of control.”\u003c/p>\n\u003cp>Reynolds was 30 at the time. His sentence: 26 years to life. He's now 54. Despite being denied parole three times, Reynolds is hopeful. Next month, he says, the parole board will decide — once again — if he's suitable for parole and no longer a risk to society. I ask him if he thinks he's suitable?\u003c/p>\n\u003cp>“That's a very difficult question for me,” he answers. “I will say this: I'm a changed individual. But the fact that I took another human being's life, that's a hard question for me.”\u003c/p>\n\u003cp>Reynolds says he and his fellow San Quentin inmates are very aware that after years of routine denials of parole, word is out: If you do the work, complete the programs and stay in line, release is a very real possibility.\u003c/p>\n\u003cp>“The fact that people are going home is really encouraging to a lot of individuals,” he notes.\u003c/p>\n\u003cp>Since 2009, more than twice as many lifers have been paroled than in the previous two decades combined. There are several reasons for that. State Supreme Court rulings that made it tougher to deny parole to inmates who are no longer a threat to public safety.\u003c/p>\n\u003cp>Also Gov. Jerry Brown's 12 appointees on the parole board are granting parole at a much higher rate than previous commissioners.\u003c/p>\n\u003cp>And unlike his predecessors, who usually blocked parole for murderers, Brown is allowing 80 percent of the parole recommendations to go forward.\u003c/p>\n\u003cp>While you might think that freedom after decades in prison is all upside, the reality is more complicated.\u003c/p>\n\u003cp>Gregory Rivers was just released from Solano State Prison after serving more than three decades for a murder. The former gang member was 17 at the time. Now 55, he recalls that first full day on the outside.\u003c/p>\n\u003cp>“That morning when I woke up, got dressed — it's about 6 in the morning — I was scared to open the door,” Rivers remembers. “Because while I’m free physically, mentally I still have some work to do.”\u003c/p>\n\u003cfigure id=\"attachment_10341813\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/TCRLifersDudes.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/TCRLifersDudes-400x338.jpg\" alt=\"Just-released lifers can find housing, counseling, and help getting a driver's license at Options Recovery in Berkeley. (Jeremy Raff/KQED)\" width=\"400\" height=\"338\" class=\"size-thumbnail wp-image-10341813\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2014/05/TCRLifersDudes-400x338.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2014/05/TCRLifersDudes.jpg 550w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Just-released lifers can find housing, counseling, and help getting a driver's license at Options Recovery in Berkeley. (Jeremy Raff/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>He worries that somehow his newfound freedom will lead to trouble — and back to prison. \u003c/p>\n\u003cp>“I do plan to walk a straight and narrow path and give back to society,” he says, adding, “You know, it's remarkable that I was given a second chance when I didn't give my victims a second chance.\"\u003c/p>\n\u003cp>Rivers is standing inside a Chinese restaurant in Berkeley. He is, in a sense, the guest of honor, joining a dozen other former lifers recently released from prison.\u003c/p>\n\u003cp>The gathering is part celebration, part reunion. All the men were trained to be drug and alcohol counselors while they were still in prison. Some will continue that work now.\u003c/p>\n\u003cp>Sitting around a larger corner table in the restaurant, the men share their feelings — and their fears. One of them, Vandrick Towns, remembers entering prison at the age of 17, thinking, he says, he was \"the biggest, baddest person alive.\"\u003c/p>\n\u003cp>As the others reach for more food and clean their plates, Towns says he's learned to be vulnerable — how to cry and how to give his pain a voice.\u003c/p>\n\u003cp>“That’s something I never did during my childhood,” Towns says. “Never talked about things, whether they was good or bad. I never talked. I stayed isolated. Today I’m comfortable with talking because I’m comfortable in my own skin.”\u003c/p>\n\u003cp>Out of prison less than a year now, Towns works at Options Recovery Services in Berkeley, a nonprofit group that works with inmates and parolees. But, he remembers, finding that first job wasn't easy.\u003c/p>\n\u003cp>“For my first six months nobody wanted to touch me,” he recalls. “When it got to the job interview — ‘Oh, you’re very articulate, you’re very educated. Oh, you’re a parolee? Sorry. Next.’ ”\u003c/p>\n\u003cp>Another former lifer, Greg Jones, was also released from the Solano prison just over a week ago. On this day, he's celebrating something most of us take for granted.\u003c/p>\n\u003cp>“I got my ID today and I was elated,” Jones says to bellows of laughter. “That was a big deal. And I got my driver’s license today, also.”\u003c/p>\n\u003cp>The men laugh and warn him not to text and drive.\u003c/p>\n\u003cp>But there are plenty of serious moments. They talk about getting reacquainted with their children — and grandchildren. One of them, David Hillary, stresses the importance of keeping a positive attitude.\u003c/p>\n\u003cp>“Every day I have to go to bed, and knowing this is an opportunity I was given ... I will never squander it like I did before in the past,” he says.\u003c/p>\n\u003cp>The philosopher in the group seems to be James Thomas. Crisply dressed in blue jeans and a white, button-down shirt, Thomas talks about humility and resisting disappointment when he's turned down for jobs. The key, he says, is patience.\u003c/p>\n\u003cp>“And everything good will come to you if you just wait for it,” Thomas says to a hushed room. “I’ve tried to chase it and I guarantee you it’s an uphill battle trying to catch it. Because no matter how close you get, it’s always gonna be one step ahead of you. “\u003c/p>\n\u003cp>There are more than 26,000 California inmates serving life sentences with the possibility of parole. Many will never get out. Those who do will need the kind of support these men have found to make the most of their second chance.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, \"Second Chance: Lifers and Parole in California.\"\u003c/em>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/behind-californias-dramatic-increase-in-lifers-freed-from-prison/\" target=\"_blank\">Behind California's Dramatic Increase in Lifers Freed from Prisons\u003c/a>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/timeline-a-history-of-the-california-lifers-up-for-parole/\" target=\"_blank\">Timeline: History of California Lifers Up for Parole\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/video-lifer-free-richmond\" target=\"_blank\">Video: Freed After Years in San Quentin, Richmond Man Seizes His Second Chance\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>http://www.kqed.org/.stream/anon/radio/tcr/2014/05/2014-05-16a-tcr.mp3\u003c/p>\n\u003cp>For decades, California inmates serving life sentences with the possibility of parole rarely got out of prison. Most of these so-called lifers committed murder, and most were routinely denied parole by the state.\u003c/p>\n\u003cp>But that’s changing. The past few years have seen record numbers of lifers getting out.\u003c/p>\n\u003cp>In a spare room just outside the main walls of San Quentin Prison, Kent Wimberly makes his case for parole in mid-March. In 1979, he stabbed and killed two people in San Diego. He was 17 at the time. Today, he’s 51.\u003c/p>\n\u003cp>“Today I’ve moved so far from that person that I was,” Wimberly says in a voice with little emotion. “I’ve developed so many tools and so much understanding and maturity, and so much more compassion for others.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This is the 12th time Wimberly has appeared before the parole board. But it’s his first hearing under a new state law (SB260) requiring the parole board to weigh the age of inmates who committed their crimes as juveniles.\u003c/p>\n\u003cp>After nearly three hours of questions and testimony, the parole board deliberates for less than 30 minutes. They reconvene, and Parole Commissioner Marisela Montes announces the board’s decision.\u003c/p>\n\u003cp>“We find that Mr. Wimberly does not pose an unreasonable risk of danger to society or threat to public safety and is therefore now eligible for parole,” she says.\u003c/p>\n\u003cp>But that’s not the final word. California is one of just three states where governors can block parole decisions. And while previous California governors routinely vetoed parole for lifers, Jerry Brown is taking a very different approach — allowing 80 percent of parole recommendations to move forward.\u003c/p>\n\u003cp>Stanford law Professor Robert Weisberg says the change is striking.\u003c/p>\n\u003cp>“I mean statistically it’s a very dramatic change from the Schwarzenegger administration and an unbelievable change from the Gray Davis administration,” Weisberg says.\u003c/p>\n\u003cp>http://youtu.be/-LiBf4jQ814\u003c/p>\n\u003cp>The California Report’s analysis of state parole data finds that since 2009, more than 1,700 lifers have been released in California — that’s more than twice the number paroled in the previous two decades combined.\u003c/p>\n\u003cp>And not everyone is happy about the trend.\u003c/p>\n\u003cp>At a rally for crime victims’ families in Sacramento recently, Susan Hamlin describes the upset caused by having to attend a parole hearing for someone who victimized her family.\u003c/p>\n\u003cp>“And the dread of this hearing, and fear of his possible release, set in a full year prior to the hearing,” Hamlin says.\u003c/p>\n\u003cp>The Capitol sidewalk is lined with posters showing photos of relatives who were murdered. Gov. Brown tells the crowd they aren’t forgotten.\u003c/p>\n\u003cp>“When you come here and show us the pictures of real human beings who are your loved ones who were murdered, then it isn’t abstract,” the governor says. “It’s very real. It’s very individual. It’s a person.”\u003c/p>\n\u003cp>Afterward, I ask the governor if he ever worries about a paroled lifer committing another violent crime.\u003c/p>\n\u003cp>“I’m worried about a number of things,” he says, rattling off concerns like climate change and childhood hunger. “But after we catalog our worries, we have to do what our job is. And I try to do that with common sense and a certain degree of compassion.”\u003c/p>\n\u003cp>Asked to describe his approach toward lifer parole, Brown says simply “to follow the law and evaluate very carefully each case, which I do every week.”\u003c/p>\n\u003cp>When told that his record is very different from past governors, he said, “Well, I don’t know what they did and whether they read the record or whether they looked at the law. The law has changed.”\u003c/p>\n\u003cp>Brown is referring to a 2008 decision by the California Supreme Court. It stopped blanket denials of parole based on the viciousness of a crime alone. The justices ruled that there must also be evidence that an inmate is still a threat to public safety.\u003c/p>\n\u003cp>Jennifer Shaffer, executive director of the state Board of Parole Hearings, says that decision changed everything.\u003c/p>\n\u003cp>“As you can imagine, if their crime alone could keep them from being paroled forever, then that was really not life with the possibility of parole,” Shaffer notes. “So there had to be something else.”\u003c/p>\n\u003cp>By following the new legal guidelines Shaffer says, Brown is saving the time and taxpayer expense of inmate appeals that result in lifers being paroled anyway.\u003c/p>\n\u003cp>A California Report analysis also finds that under Brown, the parole board is granting parole at a rate that’s more than triple what it was five years ago.\u003c/p>\n\u003cp>Attorney Charles Carbone represents hundreds of lifers. He says Brown’s appointees are taking a different approach.\u003c/p>\n\u003cp>“They’re more sensitive and understanding of the rights of life inmates to receive parole,” Carbone says. “There were parole commissioners in the past who just had a philosophy, if you want to call it, where they issued blanket denials.”\u003c/p>\n\u003cp>But some critics, like Christine Ward with the Crime Victims Action Alliance, believe the current parole board is simply too lenient.\u003c/p>\n\u003cp>“It really is like playing Russian roulette,” she says. “We just hope that that one time bomb doesn’t go off and create that really serious, heinous crime that will leave, not only that family devastated, but the entire state devastated. We’ve seen it before.”\u003c/p>\n\u003cp>And what kind of risk do paroled lifers present? The Stanford Criminal Justice Center examined 860 murderers paroled in California over 15 years and found that only five were returned to prison for new felonies. That works out to less than 1 percent.\u003c/p>\n\u003cp>The main reason, says Weisberg, is that paroled lifers are typically older. Young people, he says, are far more likely to commit violent crimes.\u003c/p>\n\u003cp>James Thomas can attest to that. He went to prison at the age of 17 after killing someone during a robbery in Los Angeles. He’s now 47.\u003c/p>\n\u003cp>After being denied parole 14 times, Thomas was finally released last year — after 30 years in prison.\u003c/p>\n\u003cp>“Everybody makes mistakes,” Thomas says. “Some are just more costly than others. I think once a person makes that transition from one lifestyle to another, he should be or she should be able to live their life in peace and be respected for it.”\u003c/p>\n\u003cp> Given the rising number of lifers winning parole, the State Department of Corrections and Rehabilitation has begun new programs to help inmates prepare for life on the outside.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, “Second Chance: Lifers and Parole in California.”\u003c/em>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/behind-californias-dramatic-increase-in-lifers-freed-from-prison/\" target=\"_blank\">Behind California?s Dramatic Increase in Lifers Freed from Prisons\u003c/a>\u003c/p>\n\u003cp>More: \u003ca href=\"http://www.californiareport.org/archive/R201405161630/b\" target=\"_blank\">Former Lifers Discuss Hopes, Fears After Winning Parole\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/timeline-a-history-of-the-california-lifers-up-for-parole/?__utma=34673459.643003035.1412104317.1412121311.1412130030.7&__utmb=34673459.55.10.1412130032&__utmc=34673459&__utmx=-&__utmz=34673459.1412116048.4.2.utmcsr=google%7Cutmccn=%28organic%29%7Cutmcmd=organic%7Cutmctr=%28not%20provided%29&__utmv=-&__utmk=152166971\" target=\"_blank\">Timeline: History of California Lifers Up for Parole\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>http://www.kqed.org/.stream/anon/radio/tcr/2014/05/2014-05-16a-tcr.mp3\u003c/p>\n\u003cp>For decades, California inmates serving life sentences with the possibility of parole rarely got out of prison. Most of these so-called lifers committed murder, and most were routinely denied parole by the state.\u003c/p>\n\u003cp>But that’s changing. The past few years have seen record numbers of lifers getting out.\u003c/p>\n\u003cp>In a spare room just outside the main walls of San Quentin Prison, Kent Wimberly makes his case for parole in mid-March. In 1979, he stabbed and killed two people in San Diego. He was 17 at the time. Today, he’s 51.\u003c/p>\n\u003cp>“Today I’ve moved so far from that person that I was,” Wimberly says in a voice with little emotion. “I’ve developed so many tools and so much understanding and maturity, and so much more compassion for others.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This is the 12th time Wimberly has appeared before the parole board. But it’s his first hearing under a new state law (SB260) requiring the parole board to weigh the age of inmates who committed their crimes as juveniles.\u003c/p>\n\u003cp>After nearly three hours of questions and testimony, the parole board deliberates for less than 30 minutes. They reconvene, and Parole Commissioner Marisela Montes announces the board’s decision.\u003c/p>\n\u003cp>“We find that Mr. Wimberly does not pose an unreasonable risk of danger to society or threat to public safety and is therefore now eligible for parole,” she says.\u003c/p>\n\u003cp>But that’s not the final word. California is one of just three states where governors can block parole decisions. And while previous California governors routinely vetoed parole for lifers, Jerry Brown is taking a very different approach — allowing 80 percent of parole recommendations to move forward.\u003c/p>\n\u003cp>Stanford law Professor Robert Weisberg says the change is striking.\u003c/p>\n\u003cp>“I mean statistically it’s a very dramatic change from the Schwarzenegger administration and an unbelievable change from the Gray Davis administration,” Weisberg says.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/-LiBf4jQ814'\n title='//www.youtube.com/embed/-LiBf4jQ814'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The California Report’s analysis of state parole data finds that since 2009, more than 1,700 lifers have been released in California — that’s more than twice the number paroled in the previous two decades combined.\u003c/p>\n\u003cp>And not everyone is happy about the trend.\u003c/p>\n\u003cp>At a rally for crime victims’ families in Sacramento recently, Susan Hamlin describes the upset caused by having to attend a parole hearing for someone who victimized her family.\u003c/p>\n\u003cp>“And the dread of this hearing, and fear of his possible release, set in a full year prior to the hearing,” Hamlin says.\u003c/p>\n\u003cp>The Capitol sidewalk is lined with posters showing photos of relatives who were murdered. Gov. Brown tells the crowd they aren’t forgotten.\u003c/p>\n\u003cp>“When you come here and show us the pictures of real human beings who are your loved ones who were murdered, then it isn’t abstract,” the governor says. “It’s very real. It’s very individual. It’s a person.”\u003c/p>\n\u003cp>Afterward, I ask the governor if he ever worries about a paroled lifer committing another violent crime.\u003c/p>\n\u003cp>“I’m worried about a number of things,” he says, rattling off concerns like climate change and childhood hunger. “But after we catalog our worries, we have to do what our job is. And I try to do that with common sense and a certain degree of compassion.”\u003c/p>\n\u003cp>Asked to describe his approach toward lifer parole, Brown says simply “to follow the law and evaluate very carefully each case, which I do every week.”\u003c/p>\n\u003cp>When told that his record is very different from past governors, he said, “Well, I don’t know what they did and whether they read the record or whether they looked at the law. The law has changed.”\u003c/p>\n\u003cp>Brown is referring to a 2008 decision by the California Supreme Court. It stopped blanket denials of parole based on the viciousness of a crime alone. The justices ruled that there must also be evidence that an inmate is still a threat to public safety.\u003c/p>\n\u003cp>Jennifer Shaffer, executive director of the state Board of Parole Hearings, says that decision changed everything.\u003c/p>\n\u003cp>“As you can imagine, if their crime alone could keep them from being paroled forever, then that was really not life with the possibility of parole,” Shaffer notes. “So there had to be something else.”\u003c/p>\n\u003cp>By following the new legal guidelines Shaffer says, Brown is saving the time and taxpayer expense of inmate appeals that result in lifers being paroled anyway.\u003c/p>\n\u003cp>A California Report analysis also finds that under Brown, the parole board is granting parole at a rate that’s more than triple what it was five years ago.\u003c/p>\n\u003cp>Attorney Charles Carbone represents hundreds of lifers. He says Brown’s appointees are taking a different approach.\u003c/p>\n\u003cp>“They’re more sensitive and understanding of the rights of life inmates to receive parole,” Carbone says. “There were parole commissioners in the past who just had a philosophy, if you want to call it, where they issued blanket denials.”\u003c/p>\n\u003cp>But some critics, like Christine Ward with the Crime Victims Action Alliance, believe the current parole board is simply too lenient.\u003c/p>\n\u003cp>“It really is like playing Russian roulette,” she says. “We just hope that that one time bomb doesn’t go off and create that really serious, heinous crime that will leave, not only that family devastated, but the entire state devastated. We’ve seen it before.”\u003c/p>\n\u003cp>And what kind of risk do paroled lifers present? The Stanford Criminal Justice Center examined 860 murderers paroled in California over 15 years and found that only five were returned to prison for new felonies. That works out to less than 1 percent.\u003c/p>\n\u003cp>The main reason, says Weisberg, is that paroled lifers are typically older. Young people, he says, are far more likely to commit violent crimes.\u003c/p>\n\u003cp>James Thomas can attest to that. He went to prison at the age of 17 after killing someone during a robbery in Los Angeles. He’s now 47.\u003c/p>\n\u003cp>After being denied parole 14 times, Thomas was finally released last year — after 30 years in prison.\u003c/p>\n\u003cp>“Everybody makes mistakes,” Thomas says. “Some are just more costly than others. I think once a person makes that transition from one lifestyle to another, he should be or she should be able to live their life in peace and be respected for it.”\u003c/p>\n\u003cp> Given the rising number of lifers winning parole, the State Department of Corrections and Rehabilitation has begun new programs to help inmates prepare for life on the outside.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, “Second Chance: Lifers and Parole in California.”\u003c/em>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/behind-californias-dramatic-increase-in-lifers-freed-from-prison/\" target=\"_blank\">Behind California?s Dramatic Increase in Lifers Freed from Prisons\u003c/a>\u003c/p>\n\u003cp>More: \u003ca href=\"http://www.californiareport.org/archive/R201405161630/b\" target=\"_blank\">Former Lifers Discuss Hopes, Fears After Winning Parole\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More: \u003ca href=\"http://ww2.kqed.org/news/timeline-a-history-of-the-california-lifers-up-for-parole/?__utma=34673459.643003035.1412104317.1412121311.1412130030.7&__utmb=34673459.55.10.1412130032&__utmc=34673459&__utmx=-&__utmz=34673459.1412116048.4.2.utmcsr=google%7Cutmccn=%28organic%29%7Cutmcmd=organic%7Cutmctr=%28not%20provided%29&__utmv=-&__utmk=152166971\" target=\"_blank\">Timeline: History of California Lifers Up for Parole\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Judge Tours Billionaire's Disputed Beachfront Property",
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"content": "\u003cfigure id=\"attachment_136242\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/martinsbeach.jpeg\">\u003cimg class=\"size-thumbnail wp-image-136242\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/martinsbeach-300x300.jpeg\" alt=\"Superior Court Judge Barbara Mallach stands in the middle of the crowd while touring Martins Beach. (Peter Jon Shuler/KQED)\" width=\"300\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Superior Court Judge Barbara Mallach stands in the middle of the crowd while touring Martins Beach. (Peter Jon Shuler/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, May 15:\u003c/strong> The courtroom battle over whether Silicon Valley billionaire Vinod Khosla can legally bar the public from a coastal property he owns moved to the beach in question on Thursday.\u003c/p>\n\u003cp>Superior Court Judge Barbara Mallach toured Martins Beach for nearly an hour, walking past dilapidated restrooms and an ungraded parking area. Legal teams from both sides, and a gaggle of reporters, joined the judge on her inspection. An orange plastic barrier and piles of rocks blocked the crumbling stairway down to the beach.\u003c/p>\n\u003cp>Mallach asked property manager Steven Baugher all about the area, including why the rental \"cabins\" look like normal homes. She also inspected the gate that has been used to lock out the public since Kholsa bought the land eight years ago.\u003c/p>\n\u003cp>Lawyers were under a gag order to not speak to the press during the tour. However, after Baugher shut the gate, reporters approached Khosla’s lawyer, Jeffrey Essner.\u003c/p>\n\u003cp>\"I thought it was important for the judge to see the conditions on the beach and to see that there was no parking available on the beach and that if the gate were opened and the owner were forced to have cars come down the beach, it would be a health and safety issue,\" Essner said, talking to the press for the first time since the trial began.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Attorneys for the Surfrider Foundation argued that Khosla purposefully allowed the beach to fall into disrepair.\u003c/p>\n\u003cp>\"It's incredibly disingenuous and self-serving to destroy your own property, let the bathrooms fall apart, not fix the road to other parking, and then say, 'Oh gosh, we piled rocks all over the public parking area. Sorry we can't have any beach access.' I don't think the judge is going to go for that,\" attorney Mark Massara told KQED's Peter Jon Shuler.\u003c/p>\n\u003cp>Closing arguments will begin in June.\u003c/p>\n\u003cp>\u003cstrong>Original story:\u003c/strong>\u003c/p>\n\u003cp>Billionaire venture capitalist Vinod Khosla testified Monday that he can't remember much about the management of a $37.5 million San Mateo County beach property that's at the center of a coastal-access lawsuit.\u003c/p>\n\u003cp>In Superior Court testimony in Redwood City, Khosla said he could not remember anything specific about his intentions for Martins Beach, south of Half Moon Bay, about directions he might have given his manager for the property, or about a lawsuit or appeals filed in his name in connection with the tract.\u003c/p>\n\u003cp>The Surfrider Foundation has sued Khosla to restore public use of a road to the beach, which was closed after the billionaire bought the 100-acre property in 2008. The suit is the latest in a series of actions that challenges the closure of the road to Martins Beach as a violation of state laws regulating development on California's coastline and safeguarding public access to it.\u003c/p>\n\u003cp>Surfrider attorneys subpoenaed Khosla, saying that as owner of the property he had vital knowledge of any decision made regarding the tract.\u003c/p>\n\u003cp>But in his exchanges with attorney Joseph Cotchett, representing the Surfrider Foundation, Khosla said he couldn't provide details about locking the gate across the beach road, partly because property manager Steven Baugher was responsible, partly because his discussions with Baugher were in the presence of attorneys and thus privileged. For instance, this exchange was reported by KQED's Peter Jon Shuler:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Cotchett:\u003c/strong> Did you discuss with Mr. Baugher the locking of the gate?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> All such discussions happened in the presence of counsel.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> Did you tell Mr. Baugher, 'Please lock the gate'?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> No, not at any specific time that, not that I can recollect.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> You never told him, 'Lock the gate'?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> He's the operations manager and he makes those decisions.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> So he locked the gate.\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> I assume he made that decision.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> So he made the decision to lock the gate. Who instructed him to lock the gate?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> I did not instruct him. I do not know who instructed him. It must have been at the advice of counsel.\u003c/p>\u003c/blockquote>\n\u003cp>Khosla, who with his wife owns two limited liability corporations that hold the Martins Beach property, has been widely reported to want to build a home there. Monday, he denied having any such intention:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Cotchett:\u003c/strong> The purchase was for private use and not for a commercial enterprise. True or false?\u003cbr>\n\u003cstrong>Khosla: \u003c/strong> I had no specific plans for the property.\u003cbr>\n\u003cstrong>Cotchett: \u003c/strong>The property was for private use, true or false?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> I never discussed the purpose because I never had a purpose.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Shuler says Cotchett expressed incredulity at Khosla's claims:\u003c/p>\n\u003cblockquote>\u003cp>\"He asked repeatedly 'So, you spent 37 and a half million dollars and you don't remember what you did about it or what your intention was about this property?' Those questions were objected to by defense counsel and most of those objections were sustained by the judge.\"\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_136242\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/martinsbeach.jpeg\">\u003cimg class=\"size-thumbnail wp-image-136242\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/martinsbeach-300x300.jpeg\" alt=\"Superior Court Judge Barbara Mallach stands in the middle of the crowd while touring Martins Beach. (Peter Jon Shuler/KQED)\" width=\"300\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Superior Court Judge Barbara Mallach stands in the middle of the crowd while touring Martins Beach. (Peter Jon Shuler/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, May 15:\u003c/strong> The courtroom battle over whether Silicon Valley billionaire Vinod Khosla can legally bar the public from a coastal property he owns moved to the beach in question on Thursday.\u003c/p>\n\u003cp>Superior Court Judge Barbara Mallach toured Martins Beach for nearly an hour, walking past dilapidated restrooms and an ungraded parking area. Legal teams from both sides, and a gaggle of reporters, joined the judge on her inspection. An orange plastic barrier and piles of rocks blocked the crumbling stairway down to the beach.\u003c/p>\n\u003cp>Mallach asked property manager Steven Baugher all about the area, including why the rental \"cabins\" look like normal homes. She also inspected the gate that has been used to lock out the public since Kholsa bought the land eight years ago.\u003c/p>\n\u003cp>Lawyers were under a gag order to not speak to the press during the tour. However, after Baugher shut the gate, reporters approached Khosla’s lawyer, Jeffrey Essner.\u003c/p>\n\u003cp>\"I thought it was important for the judge to see the conditions on the beach and to see that there was no parking available on the beach and that if the gate were opened and the owner were forced to have cars come down the beach, it would be a health and safety issue,\" Essner said, talking to the press for the first time since the trial began.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Attorneys for the Surfrider Foundation argued that Khosla purposefully allowed the beach to fall into disrepair.\u003c/p>\n\u003cp>\"It's incredibly disingenuous and self-serving to destroy your own property, let the bathrooms fall apart, not fix the road to other parking, and then say, 'Oh gosh, we piled rocks all over the public parking area. Sorry we can't have any beach access.' I don't think the judge is going to go for that,\" attorney Mark Massara told KQED's Peter Jon Shuler.\u003c/p>\n\u003cp>Closing arguments will begin in June.\u003c/p>\n\u003cp>\u003cstrong>Original story:\u003c/strong>\u003c/p>\n\u003cp>Billionaire venture capitalist Vinod Khosla testified Monday that he can't remember much about the management of a $37.5 million San Mateo County beach property that's at the center of a coastal-access lawsuit.\u003c/p>\n\u003cp>In Superior Court testimony in Redwood City, Khosla said he could not remember anything specific about his intentions for Martins Beach, south of Half Moon Bay, about directions he might have given his manager for the property, or about a lawsuit or appeals filed in his name in connection with the tract.\u003c/p>\n\u003cp>The Surfrider Foundation has sued Khosla to restore public use of a road to the beach, which was closed after the billionaire bought the 100-acre property in 2008. The suit is the latest in a series of actions that challenges the closure of the road to Martins Beach as a violation of state laws regulating development on California's coastline and safeguarding public access to it.\u003c/p>\n\u003cp>Surfrider attorneys subpoenaed Khosla, saying that as owner of the property he had vital knowledge of any decision made regarding the tract.\u003c/p>\n\u003cp>But in his exchanges with attorney Joseph Cotchett, representing the Surfrider Foundation, Khosla said he couldn't provide details about locking the gate across the beach road, partly because property manager Steven Baugher was responsible, partly because his discussions with Baugher were in the presence of attorneys and thus privileged. For instance, this exchange was reported by KQED's Peter Jon Shuler:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Cotchett:\u003c/strong> Did you discuss with Mr. Baugher the locking of the gate?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> All such discussions happened in the presence of counsel.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> Did you tell Mr. Baugher, 'Please lock the gate'?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> No, not at any specific time that, not that I can recollect.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> You never told him, 'Lock the gate'?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> He's the operations manager and he makes those decisions.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> So he locked the gate.\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> I assume he made that decision.\u003cbr>\n\u003cstrong>Cotchett:\u003c/strong> So he made the decision to lock the gate. Who instructed him to lock the gate?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> I did not instruct him. I do not know who instructed him. It must have been at the advice of counsel.\u003c/p>\u003c/blockquote>\n\u003cp>Khosla, who with his wife owns two limited liability corporations that hold the Martins Beach property, has been widely reported to want to build a home there. Monday, he denied having any such intention:\u003c/p>\n\u003cblockquote>\u003cp>\u003cstrong>Cotchett:\u003c/strong> The purchase was for private use and not for a commercial enterprise. True or false?\u003cbr>\n\u003cstrong>Khosla: \u003c/strong> I had no specific plans for the property.\u003cbr>\n\u003cstrong>Cotchett: \u003c/strong>The property was for private use, true or false?\u003cbr>\n\u003cstrong>Khosla:\u003c/strong> I never discussed the purpose because I never had a purpose.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Shuler says Cotchett expressed incredulity at Khosla's claims:\u003c/p>\n\u003cblockquote>\u003cp>\"He asked repeatedly 'So, you spent 37 and a half million dollars and you don't remember what you did about it or what your intention was about this property?' Those questions were objected to by defense counsel and most of those objections were sustained by the judge.\"\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Behind California's Dramatic Increase in Lifers Freed from Prisons",
"title": "Behind California's Dramatic Increase in Lifers Freed from Prisons",
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"content": "\u003cp>[http_redir]Amid the specter of rising violent crime rates and “tough on crime” posturing from both Democrats and Republicans, California voters in 1988 approved Proposition 89, amending the state constitution so that governors could directly intervene in the parole process for inmates sentenced to life in prison with the possibility of parole. The measure, which passed with 55 percent of the vote, allowed the governor to rescind parole for offenders who had committed murder — the most common crime for so-called lifers sentenced to unfixed terms like “15 years to life.”\u003c/p>\n\u003cp>The political calculus for governors, when reviewing parole decisions, was obvious: No governor wanted to stand accused of letting a convicted murderer roam the streets. Gov. Gray Davis reversed positive parole decisions more than 90 percent of the time, while Gov. Arnold Schwarzenegger reversed 70 percent of the cases that came across his desk. (Gov. Pete Wilson was far more lenient, although he reviewed significantly fewer cases during his two terms in office.)\u003c/p>\n\u003cp>[contextly_sidebar id=\"afff123ae2c086bd165f77cdaedf159b\"]\u003c/p>\n\u003cp>For most of the 1990s and 2000s, the state Board of Parole Hearings was unlikely to grant parole in the first place to convicted murderers. When combined with the governors' high reversal rates, the result was a mounting number of inmates serving life terms in state prison.\u003c/p>\n\u003cp>About one in five inmates in California prisons serves a life sentence with the possibility of parole — the highest percentage of lifers in a state prison population in the country. As of last year, there were more than 26,000 lifers behind bars.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For most of the past two decades, the odds that a lifer would ever set foot outside prison walls were slim. In 2010, a parole-eligible offender who had committed murder stood a 6 percent chance of leaving prison through the conventional parole process.\u003c/p>\n\u003cp>Three years later, the prospects for lifer parole had improved dramatically, and now lifers are leaving prison in record numbers. In the first 2½ years of the Brown administration, more lifers were released from prison (1,205) than during the previous three administrations combined (1,168).\u003c/p>\n\u003cp>Listen to Scott Shafer's California Report story on Lifer Releases.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/149719557&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The unprecedented exodus of lifers in recent years sparks several serious questions for California. What programs are in place to ensure that lifers can make a smooth transition into an outside world radically different from when they were first incarcerated? What are the political implications of this trend in an election year? And perhaps, most importantly, why is this happening now?\u003c/p>\n\u003cp>Several factors account for the spike in lifer releases in recent years, including landmark court decisions, rising caseloads and shifting attitudes among the Board of Parole Hearings and the Brown administration.\u003c/p>\n\u003ch2>The Lifer Exodus\u003c/h2>\n\u003cp>The number of lifers released from state prison has increased significantly over the past five years, with a dramatic uptick occurring in the last three. The trend began in 2009, a year after a key California Supreme Court ruling limiting the reasons a lifer may be denied parole. From 1991 through July 2013, 2,373 lifers have left California prisons. More than half of that total has occurred in the last 2.5 years.\u003c/p>\n\u003cp>In 2012, California voters approved Proposition 36, which modified the state’s 1994 three-strikes law. The measure allowed inmates sentenced to life in prison to petition for resentencing and release if their third-strike felony was not serious or violent. While not lifers in the traditional sense (and not included in the chart below), the number of “Prop. 36ers” released since 2012 nearly doubles the count of offenders once facing life in prison who are now set to be released under Gov. Jerry Brown.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/index.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: California Department of Corrections and Rehabilitation.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Lifer releases through July 2013. It is important to note that, because of court challenges and the time lag between a parole grant and date of release, individuals paroled under one administration may not be released until a new administration.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Parole Granted More Often\u003c/h2>\n\u003cp>Once a lifer serves the minimum amount of time required by his or her sentence in prison, a parole hearing date is set. A Board of Parole Hearings commissioner then hears the inmate’s case for getting out of prison, basing the decision on whether the inmate poses an unreasonable danger to society upon release. Commissioners are appointed by the governor and confirmed by the Senate Rules Committee.\u003c/p>\n\u003cp>Starting in 2009, the parole grant rate has increased dramatically. In 2008, the California Supreme Court issued a decision upholding the parole of Sandra Davis Lawrence, an inmate of 24 years convicted of murdering her lover’s wife. The court overturned Schwarzenegger’s reversal of Lawrence’s parole, ruling that decisions on parole grants should be based exclusively on the likelihood a parolee would reoffend. The Lawrence decision, combined with the changing composition of the Board of Parole Hearings since the arrival of Brown, had spurred a marked increase in the number of lifers being paroled.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/PBH.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: BPH Suitability Hearing Summary, CY 1978-2012; BPH Lifer Scheduling and Tracking System; Stanford Criminal Law Center\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem> Notes: Following methodology of Stanford Criminal Law Center, grant rate is calculated by dividing the number of parole grants in a given year by the number of conducted hearings.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Brown Administration Less Likely To Interfere\u003c/h2>\n\u003cp>Because of Prop. 89, California is one of only three states (Maryland and Oklahoma are the other two) where governors have the authority to review and reverse parole board recommendations for lifers. For lifers convicted of first- or second-degree murder, the governor may reverse the parole board’s grant outright. For lifers convicted of other crimes, the governor may send the parole case back to the full board of commissioners for reconsideration.\u003c/p>\n\u003cp>The higher parole rate for lifers has resulted in a record numbers of parole cases coming across the governor’s desk for review. In his first three years in office, Brown has reviewed nearly 1,678 lifer parole cases, nearly matching the total reviewed by Schwarzenegger over a seven-year period.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/reversalrate.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: Stanford Criminal Justice Center, Governor's Office\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Reversal rate is the percentage of parole grants for murder offenses reviewed by the governor's office that the governor reverses. Some parole decisions in November and December 2003 may be incorrectly attributed to Davis because of data limitations. Data through mid-December 2013.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>Unlike Govs. Schwarzenegger and Davis, Brown has been much less likely to interfere in the parole recommendations of the board. The reversal rate for Davis never dipped below 90 percent and the reversal rate for Schwarzenegger never dipped below 60 percent, but Brown has reversed less than 20 percent of the cases that have come across his desk.\u003c/p>\n\u003cp>The Brown administration has argued that the governor’s lower reversal rate stems from a more accurate interpretation of the laws behind parole review. According to the governor’s office, from January 2011 to June 2012, 111 of 158 reversals issued by Schwarzenegger were overturned in the courts.\u003c/p>\n\u003cp>Comprehensive data on the number of lifers granted parole through the courts is not available.\u003c/p>\n\u003ch2>Lower Risk of Recidivism\u003c/h2>\n\u003cp>While comprehensive data on how lifers fare after their release are limited, most studies point to a very low risk of recidivism. One study found that among 860 murderers paroled in California since 1995, only five individuals have returned to jail for new felonies since being released, and none of them for “life-term” crimes like murder. That stands in stark contrast to the state’s overall prisoner recidivism rate, which has neared 50 percent in recent years.\u003c/p>\n\u003cp>The reason behind lifers’ presumed lower risk of reoffending is simple: age. Most criminals typically “age out of crime” after they turn 30. The average age of lifers at the time of their parole hearing was 51.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, \"Second Chance: Lifers and Parole in California.\"\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Graphics by Olivia Allen-Price\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>[http_redir]Amid the specter of rising violent crime rates and “tough on crime” posturing from both Democrats and Republicans, California voters in 1988 approved Proposition 89, amending the state constitution so that governors could directly intervene in the parole process for inmates sentenced to life in prison with the possibility of parole. The measure, which passed with 55 percent of the vote, allowed the governor to rescind parole for offenders who had committed murder — the most common crime for so-called lifers sentenced to unfixed terms like “15 years to life.”\u003c/p>\n\u003cp>The political calculus for governors, when reviewing parole decisions, was obvious: No governor wanted to stand accused of letting a convicted murderer roam the streets. Gov. Gray Davis reversed positive parole decisions more than 90 percent of the time, while Gov. Arnold Schwarzenegger reversed 70 percent of the cases that came across his desk. (Gov. Pete Wilson was far more lenient, although he reviewed significantly fewer cases during his two terms in office.)\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>For most of the 1990s and 2000s, the state Board of Parole Hearings was unlikely to grant parole in the first place to convicted murderers. When combined with the governors' high reversal rates, the result was a mounting number of inmates serving life terms in state prison.\u003c/p>\n\u003cp>About one in five inmates in California prisons serves a life sentence with the possibility of parole — the highest percentage of lifers in a state prison population in the country. As of last year, there were more than 26,000 lifers behind bars.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For most of the past two decades, the odds that a lifer would ever set foot outside prison walls were slim. In 2010, a parole-eligible offender who had committed murder stood a 6 percent chance of leaving prison through the conventional parole process.\u003c/p>\n\u003cp>Three years later, the prospects for lifer parole had improved dramatically, and now lifers are leaving prison in record numbers. In the first 2½ years of the Brown administration, more lifers were released from prison (1,205) than during the previous three administrations combined (1,168).\u003c/p>\n\u003cp>Listen to Scott Shafer's California Report story on Lifer Releases.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/149719557&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The unprecedented exodus of lifers in recent years sparks several serious questions for California. What programs are in place to ensure that lifers can make a smooth transition into an outside world radically different from when they were first incarcerated? What are the political implications of this trend in an election year? And perhaps, most importantly, why is this happening now?\u003c/p>\n\u003cp>Several factors account for the spike in lifer releases in recent years, including landmark court decisions, rising caseloads and shifting attitudes among the Board of Parole Hearings and the Brown administration.\u003c/p>\n\u003ch2>The Lifer Exodus\u003c/h2>\n\u003cp>The number of lifers released from state prison has increased significantly over the past five years, with a dramatic uptick occurring in the last three. The trend began in 2009, a year after a key California Supreme Court ruling limiting the reasons a lifer may be denied parole. From 1991 through July 2013, 2,373 lifers have left California prisons. More than half of that total has occurred in the last 2.5 years.\u003c/p>\n\u003cp>In 2012, California voters approved Proposition 36, which modified the state’s 1994 three-strikes law. The measure allowed inmates sentenced to life in prison to petition for resentencing and release if their third-strike felony was not serious or violent. While not lifers in the traditional sense (and not included in the chart below), the number of “Prop. 36ers” released since 2012 nearly doubles the count of offenders once facing life in prison who are now set to be released under Gov. Jerry Brown.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/index.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: California Department of Corrections and Rehabilitation.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Lifer releases through July 2013. It is important to note that, because of court challenges and the time lag between a parole grant and date of release, individuals paroled under one administration may not be released until a new administration.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Parole Granted More Often\u003c/h2>\n\u003cp>Once a lifer serves the minimum amount of time required by his or her sentence in prison, a parole hearing date is set. A Board of Parole Hearings commissioner then hears the inmate’s case for getting out of prison, basing the decision on whether the inmate poses an unreasonable danger to society upon release. Commissioners are appointed by the governor and confirmed by the Senate Rules Committee.\u003c/p>\n\u003cp>Starting in 2009, the parole grant rate has increased dramatically. In 2008, the California Supreme Court issued a decision upholding the parole of Sandra Davis Lawrence, an inmate of 24 years convicted of murdering her lover’s wife. The court overturned Schwarzenegger’s reversal of Lawrence’s parole, ruling that decisions on parole grants should be based exclusively on the likelihood a parolee would reoffend. The Lawrence decision, combined with the changing composition of the Board of Parole Hearings since the arrival of Brown, had spurred a marked increase in the number of lifers being paroled.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/PBH.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: BPH Suitability Hearing Summary, CY 1978-2012; BPH Lifer Scheduling and Tracking System; Stanford Criminal Law Center\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem> Notes: Following methodology of Stanford Criminal Law Center, grant rate is calculated by dividing the number of parole grants in a given year by the number of conducted hearings.\u003c/em>\u003c/span>\u003c/p>\n\u003ch2>Brown Administration Less Likely To Interfere\u003c/h2>\n\u003cp>Because of Prop. 89, California is one of only three states (Maryland and Oklahoma are the other two) where governors have the authority to review and reverse parole board recommendations for lifers. For lifers convicted of first- or second-degree murder, the governor may reverse the parole board’s grant outright. For lifers convicted of other crimes, the governor may send the parole case back to the full board of commissioners for reconsideration.\u003c/p>\n\u003cp>The higher parole rate for lifers has resulted in a record numbers of parole cases coming across the governor’s desk for review. In his first three years in office, Brown has reviewed nearly 1,678 lifer parole cases, nearly matching the total reviewed by Schwarzenegger over a seven-year period.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://projects1.kqed.org/lifers/reversalrate.html\" width=\"100%\" height=\"400px\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Sources: Stanford Criminal Justice Center, Governor's Office\u003c/em>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: small\">\u003cem>Note: Reversal rate is the percentage of parole grants for murder offenses reviewed by the governor's office that the governor reverses. Some parole decisions in November and December 2003 may be incorrectly attributed to Davis because of data limitations. Data through mid-December 2013.\u003c/em>\u003c/span>\u003c/p>\n\u003cp>Unlike Govs. Schwarzenegger and Davis, Brown has been much less likely to interfere in the parole recommendations of the board. The reversal rate for Davis never dipped below 90 percent and the reversal rate for Schwarzenegger never dipped below 60 percent, but Brown has reversed less than 20 percent of the cases that have come across his desk.\u003c/p>\n\u003cp>The Brown administration has argued that the governor’s lower reversal rate stems from a more accurate interpretation of the laws behind parole review. According to the governor’s office, from January 2011 to June 2012, 111 of 158 reversals issued by Schwarzenegger were overturned in the courts.\u003c/p>\n\u003cp>Comprehensive data on the number of lifers granted parole through the courts is not available.\u003c/p>\n\u003ch2>Lower Risk of Recidivism\u003c/h2>\n\u003cp>While comprehensive data on how lifers fare after their release are limited, most studies point to a very low risk of recidivism. One study found that among 860 murderers paroled in California since 1995, only five individuals have returned to jail for new felonies since being released, and none of them for “life-term” crimes like murder. That stands in stark contrast to the state’s overall prisoner recidivism rate, which has neared 50 percent in recent years.\u003c/p>\n\u003cp>The reason behind lifers’ presumed lower risk of reoffending is simple: age. Most criminals typically “age out of crime” after they turn 30. The average age of lifers at the time of their parole hearing was 51.\u003c/p>\n\u003cp>\u003cem>This story is part of our series, \"Second Chance: Lifers and Parole in California.\"\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Judge Orders Silicon Valley Billionaire to Testify in Dispute Over Beach",
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"content": "\u003cfigure id=\"attachment_12954\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" rel=\"attachment wp-att-12954\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12954\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" alt=\"Martins Beach is home to the residents of about 45 small beach houses, all of whose leases expire in 2021. (Amy Standen/KQED)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Vinod Khosla, the Silicon Valley venture capitalist, bought the Martins Beach property for $37.5 million in 2008. (Amy Standen/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, Thursday, May 8:\u003c/strong> A San Mateo County Superior Court judge has ordered tech billionaire Vinod Khosla to testify in a lawsuit challenging \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\" target=\"_blank\" rel=\"noopener\">his decision to shut down public access\u003c/a> to a popular beach. \u003c/p>\n\u003cp>As the trial opened Thursday, San Mateo County Superior Court Judge Barbara Mallach rejected a motion to quash a subpoena for Khosla (embedded at the bottom of this article), who paid $37.5 million to buy the disputed Martin’s Beach property in 2008. Defense attorneys said the subpoena amounted to harassment and argued that the manager of the property, not Khosla, was responsible for decisions like closing off access. \u003c/p>\n\u003cp>Khosla, a cofounder of Sun Microsystems, is expected to appear in court Monday. \u003c/p>\n\u003cp>Lawyers for the Surfrider Foundation said in opening arguments Thursday that Khosla violated the California Coastal Act when he blocked access to Martins Beach, just south of Half Moon Bay. \u003c/p>\n\u003cp>“The people of the state of California passed legislation in 1976 saying that the beaches are public property,” said Surfrider attorney Joe Cotchett outside court. “We now have an individual who steps up and says I’m going to challenge that, because under my constitutional rights, I can buy a beach and close it to the public.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Defense attorney Jeffrey Essner argued that there’s no public right of access to the property because the previous owners routinely closed it for winter, private events and other occasions. \u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, May 5): \u003c/strong>\u003c/p>\n\u003cp>Attorneys for Silicon Valley billionaire Vinod Khosla have asked that the venture capitalist be excused from testifying in a \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\">public access dispute\u003c/a> over a scenic stretch of San Mateo coastline.\u003c/p>\n\u003cp>Two companies owned by Khosla, Martins Beach 1, LLC and Martins Beach 2, LLC, bought the 100-acre Martins Beach property for $37.5 million in 2008. The new owners subsequently put up a gate on the main access road and blacked out a welcome sign on Highway 1.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘He wants to hide behind a wall of lawyers.’\u003c/aside>\n\u003cp>Lawyers representing the non-profit \u003ca href=\"http://www.surfrider.org/\">Surfrider Foundation\u003c/a> allege that the gate and other work on the property violate \u003ca href=\"http://www.coastal.ca.gov/ccatc.html\">California’s Coastal Act\u003c/a>.\u003c/p>\n\u003cp>On April 29, Khosla’s attorneys filed a motion to quash Khosla’s subpoena, which would prevent plaintiffs from calling him to the stand as a witness. (The motion is embedded at the bottom of this article.)\u003c/p>\n\u003cp>“He wants to hide behind a wall of lawyers instead of coming to court and explain what he’s done,” said Mark Massara, an attorney with the Surfrider Foundation.\u003c/p>\n\u003cp>Representatives for Khosla did not respond to an interview request. But the motion states that Khosla has no “unique knowledge” about the case and therefore should not be required to testify.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘Surfrider’ s efforts …. can only be explained by an improper motive to harass.’\u003c/aside>\n\u003cp>“The Surfrider’s efforts to force Mr. Khosla to testify at trial can only be explained by an improper motive to harass, annoy, or invade the privacy of Mr. Khosla, to create some perceived leverage, or to generate publicity,” reads the motion.\u003c/p>\n\u003cp>Khosla’s attorneys have also \u003ca href=\"http://www.scribd.com/doc/222194141/Motion-for-Site-Visit-by-the-Trial-Judge\">requested a site visit\u003c/a>, which would bring both legal teams, along with the judge, to see “the unique properties” of the beach.\u003c/p>\n\u003cp>A few dozen residents still live on the beach property, but their leases expire in 2021. Khosla hasn’t commented publicly about the dispute, or revealed what he plans to do with the property.\u003c/p>\n\u003cp>The Surfrider suit is one of several attempts to preserve public access to Martins Beach, a favorite spot among local surfers. Until 2008, the beach was owned by the Deeney family, which charged visitors a $10 fee to park near the beach.\u003c/p>\n\u003cp>The trial is expected to begin on Wednesday in front of California Superior Court Judge Barbara Mallach.\u003c/p>\n\u003cp>Jerry Hill, a Democratic state senator from San Mateo, is \u003ca href=\"http://sd13.senate.ca.gov/news/2014-02-06-hill-introduce-bill-restore-public-access-martin-s-beach-near-half-moon-bay\">proposing to use eminent domain\u003c/a> to allow public access to the beach.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Motion to Quash Trial Subpoena to Khosla on Scribd\" href=\"http://www.scribd.com/doc/222194140/Motion-to-Quash-Trial-Subpoena-to-Khosla\">Motion to Quash Trial Subpoena to Khosla\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" id=\"doc_69598\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/222194140/content?start_page=1&view_mode=scroll&access_key=key-18gfqdttcr9luhx4nq0o&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_12954\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" rel=\"attachment wp-att-12954\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12954\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2014/01/P1140220-1024x768.jpg\" alt=\"Martins Beach is home to the residents of about 45 small beach houses, all of whose leases expire in 2021. (Amy Standen/KQED)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Vinod Khosla, the Silicon Valley venture capitalist, bought the Martins Beach property for $37.5 million in 2008. (Amy Standen/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, Thursday, May 8:\u003c/strong> A San Mateo County Superior Court judge has ordered tech billionaire Vinod Khosla to testify in a lawsuit challenging \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\" target=\"_blank\" rel=\"noopener\">his decision to shut down public access\u003c/a> to a popular beach. \u003c/p>\n\u003cp>As the trial opened Thursday, San Mateo County Superior Court Judge Barbara Mallach rejected a motion to quash a subpoena for Khosla (embedded at the bottom of this article), who paid $37.5 million to buy the disputed Martin’s Beach property in 2008. Defense attorneys said the subpoena amounted to harassment and argued that the manager of the property, not Khosla, was responsible for decisions like closing off access. \u003c/p>\n\u003cp>Khosla, a cofounder of Sun Microsystems, is expected to appear in court Monday. \u003c/p>\n\u003cp>Lawyers for the Surfrider Foundation said in opening arguments Thursday that Khosla violated the California Coastal Act when he blocked access to Martins Beach, just south of Half Moon Bay. \u003c/p>\n\u003cp>“The people of the state of California passed legislation in 1976 saying that the beaches are public property,” said Surfrider attorney Joe Cotchett outside court. “We now have an individual who steps up and says I’m going to challenge that, because under my constitutional rights, I can buy a beach and close it to the public.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defense attorney Jeffrey Essner argued that there’s no public right of access to the property because the previous owners routinely closed it for winter, private events and other occasions. \u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, May 5): \u003c/strong>\u003c/p>\n\u003cp>Attorneys for Silicon Valley billionaire Vinod Khosla have asked that the venture capitalist be excused from testifying in a \u003ca href=\"http://ww2.kqed.org/science/audio/silicon-valley-billionaire-battles-surfers-over-beach-access/\">public access dispute\u003c/a> over a scenic stretch of San Mateo coastline.\u003c/p>\n\u003cp>Two companies owned by Khosla, Martins Beach 1, LLC and Martins Beach 2, LLC, bought the 100-acre Martins Beach property for $37.5 million in 2008. The new owners subsequently put up a gate on the main access road and blacked out a welcome sign on Highway 1.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘He wants to hide behind a wall of lawyers.’\u003c/aside>\n\u003cp>Lawyers representing the non-profit \u003ca href=\"http://www.surfrider.org/\">Surfrider Foundation\u003c/a> allege that the gate and other work on the property violate \u003ca href=\"http://www.coastal.ca.gov/ccatc.html\">California’s Coastal Act\u003c/a>.\u003c/p>\n\u003cp>On April 29, Khosla’s attorneys filed a motion to quash Khosla’s subpoena, which would prevent plaintiffs from calling him to the stand as a witness. (The motion is embedded at the bottom of this article.)\u003c/p>\n\u003cp>“He wants to hide behind a wall of lawyers instead of coming to court and explain what he’s done,” said Mark Massara, an attorney with the Surfrider Foundation.\u003c/p>\n\u003cp>Representatives for Khosla did not respond to an interview request. But the motion states that Khosla has no “unique knowledge” about the case and therefore should not be required to testify.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘Surfrider’ s efforts …. can only be explained by an improper motive to harass.’\u003c/aside>\n\u003cp>“The Surfrider’s efforts to force Mr. Khosla to testify at trial can only be explained by an improper motive to harass, annoy, or invade the privacy of Mr. Khosla, to create some perceived leverage, or to generate publicity,” reads the motion.\u003c/p>\n\u003cp>Khosla’s attorneys have also \u003ca href=\"http://www.scribd.com/doc/222194141/Motion-for-Site-Visit-by-the-Trial-Judge\">requested a site visit\u003c/a>, which would bring both legal teams, along with the judge, to see “the unique properties” of the beach.\u003c/p>\n\u003cp>A few dozen residents still live on the beach property, but their leases expire in 2021. Khosla hasn’t commented publicly about the dispute, or revealed what he plans to do with the property.\u003c/p>\n\u003cp>The Surfrider suit is one of several attempts to preserve public access to Martins Beach, a favorite spot among local surfers. Until 2008, the beach was owned by the Deeney family, which charged visitors a $10 fee to park near the beach.\u003c/p>\n\u003cp>The trial is expected to begin on Wednesday in front of California Superior Court Judge Barbara Mallach.\u003c/p>\n\u003cp>Jerry Hill, a Democratic state senator from San Mateo, is \u003ca href=\"http://sd13.senate.ca.gov/news/2014-02-06-hill-introduce-bill-restore-public-access-martin-s-beach-near-half-moon-bay\">proposing to use eminent domain\u003c/a> to allow public access to the beach.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Motion to Quash Trial Subpoena to Khosla on Scribd\" href=\"http://www.scribd.com/doc/222194140/Motion-to-Quash-Trial-Subpoena-to-Khosla\">Motion to Quash Trial Subpoena to Khosla\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" id=\"doc_69598\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/222194140/content?start_page=1&view_mode=scroll&access_key=key-18gfqdttcr9luhx4nq0o&show_recommendations=true\" width=\"100%\" height=\"600\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "UC Berkeley Students Press for Stronger Action on Sexual Assaults",
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"content": "\u003cfigure id=\"attachment_134918\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"wp-image-134918 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/2878339067_8280ebb062_b-640x426.jpg\" alt='U.C. Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/<a href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr</a>)' width=\"640\" height=\"426\">\u003cfigcaption class=\"wp-caption-text\">UC Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/\u003ca href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Berkeley students have provoked policy reforms and sparked a federal investigation into their university's handling of sexual assault cases on campus — and they're still pressing for further change.\u003c/p>\n\u003cp>They're part of a growing movement of students at universities across the country, and they're getting support from \u003ca href=\"http://ww2.kqed.org/news/2014/04/22/speier-legislation-sexual-assault-on-campus/\">Congress\u003c/a> and the \u003ca href=\"http://www.kqed.org/news/story/2014/04/30/137079/training_men_and_women_on_campus_to_speak_up_to_prevent_rape?source=npr&category=u.s.\">White House\u003c/a> to change discipline practices that they say gloss over allegations, re-traumatize victims and heavily favor the rights of the accused.\u003c/p>\n\u003cp>“I think that Cal’s been responding to sexual assault and to sexual assault survivors in a very deliberately indifferent way, honestly, for decades,” says Diva Kass, one of 31 current and former Cal students who filed a federal complaint against the school in February.\u003c/p>\n\u003cp>The movement began about a year and a half ago with well-publicized cases at Yale University and Amherst College. Then women who’d experienced similar traumas at other universities started connecting with each other on social media, teaching each other how to file complaints under the federal Title IX law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It was humiliating, and it was really a second trauma.'\u003ccite>— Diva Kass,\u003cbr>\nSexual assault survivor\u003c/cite>\u003c/aside>\n\u003cp>And the chorus of complaints spread to the University of North Carolina at Chapel Hill, Harvard College, Occidental College, the University of Southern California and more — so many that the Department of Education’s Office for Civil Rights is now investigating more than 50 schools across the country. As of last month, that includes UC Berkeley.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kass's story echoes many of those told by students at other schools. She grew up in Los Angeles and graduated from Cal in 2009. She says when she was a junior, a fellow student drugged and raped her in his fraternity bedroom.\u003c/p>\n\u003cp>“I only remember about 30 seconds or so of the actual assault,\" she recalls. \"I remember pushing the guy off of me and saying no and him not stopping, and then my memory of the night goes blank.”\u003c/p>\n\u003cp>Kass is now a law student at the University of Notre Dame. In her written testimony to the Department of Education, she says her experience with UC Berkeley went like this:\u003c/p>\n\u003cp>She struggled with fear and anxiety during the five months it took the university to hold a hearing about her claims. A university officer told Kass she couldn’t bring a lawyer or witnesses to the hearing, but when she got there, her alleged attacker had both. After she told her story, her alleged assailant got to directly interrogate her. When it was his turn to tell his side of the story, she had to leave the room.\u003c/p>\n\u003cp>“This person … completely took away my voice and violated my body,\" says Kass. \"And by allowing him to then question me about it and sort of set it up in a way where he had the control and the power of the situation again. … It was humiliating, and it was really a second trauma.”\u003c/p>\n\u003cp>The university found Kass’s alleged assailant not responsible for sexual assault. A university official told Kass that the accused could appeal the decision if he wanted, but she could not. Within a week, she was hospitalized for anxiety. His fraternity, she says, threw him a party.\u003c/p>\n\u003cp>“These stories are heartbreaking, and it just is very hard to hear that anybody on our campus would have had to endure such a difficult situation,\" says Claire Holmes, an associate vice chancellor and UC Berkeley spokeswoman.\u003c/p>\n\u003cp>[contextly_sidebar id=\"6f41fc8e274269b62a586277deb2fbfa\"]\u003c/p>\n\u003cp>She points out that Cal has recently made significant changes to its sexual assault policy and hired a survivor advocate to help victims through the process — though student activists still want them to go further.\u003c/p>\n\u003cp>Under the reforms, \u003cem>both\u003c/em> parties in a sexual assault case now can bring a lawyer and witnesses and can appeal a judicial decision, and officials must try to resolve cases within 60 days. Accused students can still directly question their accusers, as in Diva Kass’s case -- although federal guidelines explicitly discourage this practice. Cal says it will try to accommodate students who don’t feel comfortable being in the same room with their alleged attackers.\u003c/p>\n\u003cp>Besides the trauma for individuals like Diva Kass, advocates argue there’s a bigger issue of campus safety: If the judicial process is unsympathetic and ineffective, survivors won’t want to go through it. Sexual assaults will go unreported, and assailants will return to their dorm rooms.\u003c/p>\n\u003cp>That's part of what motivated Michele Dauber, a Stanford University law professor, to help lead a transformation of her school’s policies in 2010.\u003c/p>\n\u003cp>“If you have so many reported cases and so few findings of responsibility and disciplinary punishments, then you have an unchecked situation potentially of sexual assault on campus,\" Dauber says. \"You can’t guarantee the safety of your students.”\u003c/p>\n\u003cp>Nationally, researchers estimate that one in five college women suffers an actual or attempted sexual assault during her undergraduate years. The risk is especially high for freshmen and sophomores. And the vast majority of those assaults go unreported.\u003c/p>\n\u003cp>Reports appear to be low at Cal, too. The university was seeing only about six reports of sexual harassment and sexual assault annually until 2012, when the number jumped to 12. Last year it rose again to 16. But still, on a campus of 35,000 students, those numbers are small.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Students ... maybe felt that this was wrong but didn’t know that they had rights.'\u003ccite>— Professor Michele Dauber,\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>By most accounts, sexual assault has gone on mostly silently at universities for decades — until a pivotal moment came in 2011. The U.S. Department of Education issued a letter clarifying that Title IX, which prohibits sex discrimination and sexual harassment on college campuses, should also be understood to cover sexual assault. It made plain that universities that don’t act to stop such violence are breaking the law.\u003c/p>\n\u003cp>\"That letter really spurred some people to action,\" Dauber says. \"Some students who maybe felt that this was wrong but didn’t know that they had rights, and that told them that they did have rights.”\u003c/p>\n\u003cp>Now, the Department of Education’s Office for Civil Rights is investigating more than 50 schools -- and the list includes Harvard, Amherst, Occidental College and the University of Southern California.\u003c/p>\n\u003cp>There’s a reason why university policies have leaned so heavily toward the rights of the accused. It stems from cases in the 1960s when some universities expelled students for participating in civil rights protests, often without giving them any due process. The students sued, and the courts ordered schools to give accused students ample opportunity to defend themselves. That practice stuck.\u003c/p>\n\u003cp>\"If you look at that period from 1960 until almost the present day, the legal pressures that have been placed on institutions … have been almost exclusively from the perspective of the rights of accused students,\" says John Wesley Lowery. He's a professor of student affairs in higher education at Indiana University of Pennsylvania, and he’s studied student conduct systems across the country.\u003c/p>\n\u003cp>\"Only in recent years have we seen the federal government, and to a much lesser degree the courts, say 'We think there needs to be a balance here,' \" Lowery explains.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148046329&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Still, advocates for the defense caution that in trying to address survivors’ concerns, universities shouldn’t swing too far and abandon the accused students’ rights instead. Autumn Paine is an Oakland lawyer who has represented Cal students accused of sexual assault in criminal court, which is separate from the university judicial process.\u003c/p>\n\u003cp>“The person who’s being accused faces pretty significant consequences. This could ruin their academic career, this could end job prospects,\" she says. \"We want to make sure that that person has every opportunity to defend themselves.”\u003c/p>\n\u003cp>Paine says the reforms Cal has made so far sound reasonable.\u003c/p>\n\u003cp>But Sofie Karasek says they don't go far enough.\u003c/p>\n\u003cp>She’s a junior at Cal and one of the organizers of the complainants. She says she reported being assaulted — not raped — by another student in 2012. But the university resolved the matter privately with him, without conducting a formal investigation and without telling her what was going on.\u003c/p>\n\u003cp>Karasek wants Cal to provide a guaranteed right to a formal investigation, if the alleged victim wants one. And despite the reforms, she still perceives her university’s attitude toward sexual assault like this: “Don’t get raped. And if you do get raped, we’re not going to help you in any way. You’re on your own.”\u003c/p>\n\u003cp>UC Berkeley's Claire Holmes says that pains her to hear. “I certainly hope we can do a better job,\" she says. “We’re constantly reviewing and updating our policies. We want to work in coordination with our students, and I applaud these women who are incredibly brave who are trying to raise national attention to this important topic.”\u003c/p>\n\u003cp>Karasek and other Cal students recently met with California Rep. Jackie Speier (D-Hillsborough), who plans to introduce a bill this month to strengthen federal enforcement.\u003c/p>\n\u003cp>They’re part of a growing national network of students who connecting with each other on social media, teaching each other how to file federal complaints -- and even craft media strategies. And they’re not stopping until they see that universities not only change their policies on paper, but also follow through.\u003c/p>\n\u003cp>\u003cstrong>Resources\u003c/strong>\u003cbr>\n\u003ca href=\"http://endrapeoncampus.org/\">End Rape on Campus\u003c/a> (student network)\u003cbr>\n\u003ca href=\"http://knowyourix.org/\">Know Your IX\u003c/a> (student network)\u003cbr>\n\u003ca href=\"https://www.notalone.gov/\">Not Alone\u003c/a> (U.S. government portal)\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Colleges and universities currently under Title IX investigation by the Department of Education's Office for Civil Rights for their handling of sexual harassment and assault:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Arizona State University\u003c/li>\n\u003cli>Butte-Glen Community College District\u003c/li>\n\u003cli>Occidental College\u003c/li>\n\u003cli>University of California-Berkeley\u003c/li>\n\u003cli>University of Southern California\u003c/li>\n\u003cli>Regis University\u003c/li>\n\u003cli>University of Colorado at Boulder\u003c/li>\n\u003cli>University of Colorado at Denver\u003c/li>\n\u003cli>University of Denver\u003c/li>\n\u003cli>University of Connecticut\u003c/li>\n\u003cli>Catholic University of America\u003c/li>\n\u003cli>Florida State University\u003c/li>\n\u003cli>Emory University\u003c/li>\n\u003cli>University of Hawaii at Manoa\u003c/li>\n\u003cli>University of Idaho\u003c/li>\n\u003cli>Knox College\u003c/li>\n\u003cli>University of Chicago\u003c/li>\n\u003cli>Indiana University-Bloomington\u003c/li>\n\u003cli>Vincennes University\u003c/li>\n\u003cli>Boston University\u003c/li>\n\u003cli>Emerson College\u003c/li>\n\u003cli>Harvard College\u003c/li>\n\u003cli>Harvard Law\u003c/li>\n\u003cli>Amherst College\u003c/li>\n\u003cli>University of Massachusetts-Amherst\u003c/li>\n\u003cli>Frostburg State University\u003c/li>\n\u003cli>Michigan State University\u003c/li>\n\u003cli>University of Michigan-Ann Arbor\u003c/li>\n\u003cli>Guilford College\u003c/li>\n\u003cli>University of North Carolina-Chapel Hill\u003c/li>\n\u003cli>Minot State University\u003c/li>\n\u003cli>Dartmouth College\u003c/li>\n\u003cli>Princeton University\u003c/li>\n\u003cli>City University of New York - Hunter College\u003c/li>\n\u003cli>Hobart & William Smith Colleges\u003c/li>\n\u003cli>Sarah Lawrence College\u003c/li>\n\u003cli>State University of New York at Binghamton\u003c/li>\n\u003cli>Denison University\u003c/li>\n\u003cli>Ohio State University\u003c/li>\n\u003cli>Wittenberg University\u003c/li>\n\u003cli>Oklahoma State University\u003c/li>\n\u003cli>Carnegie Mellon University\u003c/li>\n\u003cli>Franklin & Marshall College\u003c/li>\n\u003cli>Pennsylvania State University\u003c/li>\n\u003cli>Swarthmore College\u003c/li>\n\u003cli>Temple University\u003c/li>\n\u003cli>Vanderbilt University\u003c/li>\n\u003cli>Southern Methodist University\u003c/li>\n\u003cli>University of Texas-Pan American\u003c/li>\n\u003cli>College of William & Mary\u003c/li>\n\u003cli>University of Virginia\u003c/li>\n\u003cli>Washington State University\u003c/li>\n\u003cli>University of Wisconsin-Whitewater\u003c/li>\n\u003cli>Bethany College\u003c/li>\n\u003cli>West Virginia School of Osteopathic Medicine\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134918\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"wp-image-134918 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/2878339067_8280ebb062_b-640x426.jpg\" alt='U.C. Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/<a href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr</a>)' width=\"640\" height=\"426\">\u003cfigcaption class=\"wp-caption-text\">UC Berkeley is among the schools being investigated for their response to sexual assault cases. (Bernt Rostad/\u003ca href=\"https://www.flickr.com/photos/brostad/\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>UC Berkeley students have provoked policy reforms and sparked a federal investigation into their university's handling of sexual assault cases on campus — and they're still pressing for further change.\u003c/p>\n\u003cp>They're part of a growing movement of students at universities across the country, and they're getting support from \u003ca href=\"http://ww2.kqed.org/news/2014/04/22/speier-legislation-sexual-assault-on-campus/\">Congress\u003c/a> and the \u003ca href=\"http://www.kqed.org/news/story/2014/04/30/137079/training_men_and_women_on_campus_to_speak_up_to_prevent_rape?source=npr&category=u.s.\">White House\u003c/a> to change discipline practices that they say gloss over allegations, re-traumatize victims and heavily favor the rights of the accused.\u003c/p>\n\u003cp>“I think that Cal’s been responding to sexual assault and to sexual assault survivors in a very deliberately indifferent way, honestly, for decades,” says Diva Kass, one of 31 current and former Cal students who filed a federal complaint against the school in February.\u003c/p>\n\u003cp>The movement began about a year and a half ago with well-publicized cases at Yale University and Amherst College. Then women who’d experienced similar traumas at other universities started connecting with each other on social media, teaching each other how to file complaints under the federal Title IX law.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'It was humiliating, and it was really a second trauma.'\u003ccite>— Diva Kass,\u003cbr>\nSexual assault survivor\u003c/cite>\u003c/aside>\n\u003cp>And the chorus of complaints spread to the University of North Carolina at Chapel Hill, Harvard College, Occidental College, the University of Southern California and more — so many that the Department of Education’s Office for Civil Rights is now investigating more than 50 schools across the country. As of last month, that includes UC Berkeley.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kass's story echoes many of those told by students at other schools. She grew up in Los Angeles and graduated from Cal in 2009. She says when she was a junior, a fellow student drugged and raped her in his fraternity bedroom.\u003c/p>\n\u003cp>“I only remember about 30 seconds or so of the actual assault,\" she recalls. \"I remember pushing the guy off of me and saying no and him not stopping, and then my memory of the night goes blank.”\u003c/p>\n\u003cp>Kass is now a law student at the University of Notre Dame. In her written testimony to the Department of Education, she says her experience with UC Berkeley went like this:\u003c/p>\n\u003cp>She struggled with fear and anxiety during the five months it took the university to hold a hearing about her claims. A university officer told Kass she couldn’t bring a lawyer or witnesses to the hearing, but when she got there, her alleged attacker had both. After she told her story, her alleged assailant got to directly interrogate her. When it was his turn to tell his side of the story, she had to leave the room.\u003c/p>\n\u003cp>“This person … completely took away my voice and violated my body,\" says Kass. \"And by allowing him to then question me about it and sort of set it up in a way where he had the control and the power of the situation again. … It was humiliating, and it was really a second trauma.”\u003c/p>\n\u003cp>The university found Kass’s alleged assailant not responsible for sexual assault. A university official told Kass that the accused could appeal the decision if he wanted, but she could not. Within a week, she was hospitalized for anxiety. His fraternity, she says, threw him a party.\u003c/p>\n\u003cp>“These stories are heartbreaking, and it just is very hard to hear that anybody on our campus would have had to endure such a difficult situation,\" says Claire Holmes, an associate vice chancellor and UC Berkeley spokeswoman.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>She points out that Cal has recently made significant changes to its sexual assault policy and hired a survivor advocate to help victims through the process — though student activists still want them to go further.\u003c/p>\n\u003cp>Under the reforms, \u003cem>both\u003c/em> parties in a sexual assault case now can bring a lawyer and witnesses and can appeal a judicial decision, and officials must try to resolve cases within 60 days. Accused students can still directly question their accusers, as in Diva Kass’s case -- although federal guidelines explicitly discourage this practice. Cal says it will try to accommodate students who don’t feel comfortable being in the same room with their alleged attackers.\u003c/p>\n\u003cp>Besides the trauma for individuals like Diva Kass, advocates argue there’s a bigger issue of campus safety: If the judicial process is unsympathetic and ineffective, survivors won’t want to go through it. Sexual assaults will go unreported, and assailants will return to their dorm rooms.\u003c/p>\n\u003cp>That's part of what motivated Michele Dauber, a Stanford University law professor, to help lead a transformation of her school’s policies in 2010.\u003c/p>\n\u003cp>“If you have so many reported cases and so few findings of responsibility and disciplinary punishments, then you have an unchecked situation potentially of sexual assault on campus,\" Dauber says. \"You can’t guarantee the safety of your students.”\u003c/p>\n\u003cp>Nationally, researchers estimate that one in five college women suffers an actual or attempted sexual assault during her undergraduate years. The risk is especially high for freshmen and sophomores. And the vast majority of those assaults go unreported.\u003c/p>\n\u003cp>Reports appear to be low at Cal, too. The university was seeing only about six reports of sexual harassment and sexual assault annually until 2012, when the number jumped to 12. Last year it rose again to 16. But still, on a campus of 35,000 students, those numbers are small.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Students ... maybe felt that this was wrong but didn’t know that they had rights.'\u003ccite>— Professor Michele Dauber,\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>By most accounts, sexual assault has gone on mostly silently at universities for decades — until a pivotal moment came in 2011. The U.S. Department of Education issued a letter clarifying that Title IX, which prohibits sex discrimination and sexual harassment on college campuses, should also be understood to cover sexual assault. It made plain that universities that don’t act to stop such violence are breaking the law.\u003c/p>\n\u003cp>\"That letter really spurred some people to action,\" Dauber says. \"Some students who maybe felt that this was wrong but didn’t know that they had rights, and that told them that they did have rights.”\u003c/p>\n\u003cp>Now, the Department of Education’s Office for Civil Rights is investigating more than 50 schools -- and the list includes Harvard, Amherst, Occidental College and the University of Southern California.\u003c/p>\n\u003cp>There’s a reason why university policies have leaned so heavily toward the rights of the accused. It stems from cases in the 1960s when some universities expelled students for participating in civil rights protests, often without giving them any due process. The students sued, and the courts ordered schools to give accused students ample opportunity to defend themselves. That practice stuck.\u003c/p>\n\u003cp>\"If you look at that period from 1960 until almost the present day, the legal pressures that have been placed on institutions … have been almost exclusively from the perspective of the rights of accused students,\" says John Wesley Lowery. He's a professor of student affairs in higher education at Indiana University of Pennsylvania, and he’s studied student conduct systems across the country.\u003c/p>\n\u003cp>\"Only in recent years have we seen the federal government, and to a much lesser degree the courts, say 'We think there needs to be a balance here,' \" Lowery explains.\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/148046329&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Still, advocates for the defense caution that in trying to address survivors’ concerns, universities shouldn’t swing too far and abandon the accused students’ rights instead. Autumn Paine is an Oakland lawyer who has represented Cal students accused of sexual assault in criminal court, which is separate from the university judicial process.\u003c/p>\n\u003cp>“The person who’s being accused faces pretty significant consequences. This could ruin their academic career, this could end job prospects,\" she says. \"We want to make sure that that person has every opportunity to defend themselves.”\u003c/p>\n\u003cp>Paine says the reforms Cal has made so far sound reasonable.\u003c/p>\n\u003cp>But Sofie Karasek says they don't go far enough.\u003c/p>\n\u003cp>She’s a junior at Cal and one of the organizers of the complainants. She says she reported being assaulted — not raped — by another student in 2012. But the university resolved the matter privately with him, without conducting a formal investigation and without telling her what was going on.\u003c/p>\n\u003cp>Karasek wants Cal to provide a guaranteed right to a formal investigation, if the alleged victim wants one. And despite the reforms, she still perceives her university’s attitude toward sexual assault like this: “Don’t get raped. And if you do get raped, we’re not going to help you in any way. You’re on your own.”\u003c/p>\n\u003cp>UC Berkeley's Claire Holmes says that pains her to hear. “I certainly hope we can do a better job,\" she says. “We’re constantly reviewing and updating our policies. We want to work in coordination with our students, and I applaud these women who are incredibly brave who are trying to raise national attention to this important topic.”\u003c/p>\n\u003cp>Karasek and other Cal students recently met with California Rep. Jackie Speier (D-Hillsborough), who plans to introduce a bill this month to strengthen federal enforcement.\u003c/p>\n\u003cp>They’re part of a growing national network of students who connecting with each other on social media, teaching each other how to file federal complaints -- and even craft media strategies. And they’re not stopping until they see that universities not only change their policies on paper, but also follow through.\u003c/p>\n\u003cp>\u003cstrong>Resources\u003c/strong>\u003cbr>\n\u003ca href=\"http://endrapeoncampus.org/\">End Rape on Campus\u003c/a> (student network)\u003cbr>\n\u003ca href=\"http://knowyourix.org/\">Know Your IX\u003c/a> (student network)\u003cbr>\n\u003ca href=\"https://www.notalone.gov/\">Not Alone\u003c/a> (U.S. government portal)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Colleges and universities currently under Title IX investigation by the Department of Education's Office for Civil Rights for their handling of sexual harassment and assault:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>Arizona State University\u003c/li>\n\u003cli>Butte-Glen Community College District\u003c/li>\n\u003cli>Occidental College\u003c/li>\n\u003cli>University of California-Berkeley\u003c/li>\n\u003cli>University of Southern California\u003c/li>\n\u003cli>Regis University\u003c/li>\n\u003cli>University of Colorado at Boulder\u003c/li>\n\u003cli>University of Colorado at Denver\u003c/li>\n\u003cli>University of Denver\u003c/li>\n\u003cli>University of Connecticut\u003c/li>\n\u003cli>Catholic University of America\u003c/li>\n\u003cli>Florida State University\u003c/li>\n\u003cli>Emory University\u003c/li>\n\u003cli>University of Hawaii at Manoa\u003c/li>\n\u003cli>University of Idaho\u003c/li>\n\u003cli>Knox College\u003c/li>\n\u003cli>University of Chicago\u003c/li>\n\u003cli>Indiana University-Bloomington\u003c/li>\n\u003cli>Vincennes University\u003c/li>\n\u003cli>Boston University\u003c/li>\n\u003cli>Emerson College\u003c/li>\n\u003cli>Harvard College\u003c/li>\n\u003cli>Harvard Law\u003c/li>\n\u003cli>Amherst College\u003c/li>\n\u003cli>University of Massachusetts-Amherst\u003c/li>\n\u003cli>Frostburg State University\u003c/li>\n\u003cli>Michigan State University\u003c/li>\n\u003cli>University of Michigan-Ann Arbor\u003c/li>\n\u003cli>Guilford College\u003c/li>\n\u003cli>University of North Carolina-Chapel Hill\u003c/li>\n\u003cli>Minot State University\u003c/li>\n\u003cli>Dartmouth College\u003c/li>\n\u003cli>Princeton University\u003c/li>\n\u003cli>City University of New York - Hunter College\u003c/li>\n\u003cli>Hobart & William Smith Colleges\u003c/li>\n\u003cli>Sarah Lawrence College\u003c/li>\n\u003cli>State University of New York at Binghamton\u003c/li>\n\u003cli>Denison University\u003c/li>\n\u003cli>Ohio State University\u003c/li>\n\u003cli>Wittenberg University\u003c/li>\n\u003cli>Oklahoma State University\u003c/li>\n\u003cli>Carnegie Mellon University\u003c/li>\n\u003cli>Franklin & Marshall College\u003c/li>\n\u003cli>Pennsylvania State University\u003c/li>\n\u003cli>Swarthmore College\u003c/li>\n\u003cli>Temple University\u003c/li>\n\u003cli>Vanderbilt University\u003c/li>\n\u003cli>Southern Methodist University\u003c/li>\n\u003cli>University of Texas-Pan American\u003c/li>\n\u003cli>College of William & Mary\u003c/li>\n\u003cli>University of Virginia\u003c/li>\n\u003cli>Washington State University\u003c/li>\n\u003cli>University of Wisconsin-Whitewater\u003c/li>\n\u003cli>Bethany College\u003c/li>\n\u003cli>West Virginia School of Osteopathic Medicine\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "'Victory Lap' for San Francisco’s Prop. 8 Legal Team",
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"content": "\u003cfigure id=\"attachment_134896\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517.jpg\">\u003cimg class=\"size-medium wp-image-134896\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517-640x413.jpg\" alt=\"San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\" width=\"640\" height=\"413\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco City Attorney Dennis Herrera hosted a book signing and legal victory lap in his office Thursday afternoon. The guest of honor: New York Times writer Jo Becker, whose new book, “\u003ca href=\"http://www.nytimes.com/2014/05/01/books/forcing-the-spring-by-jo-becker.html?_r=0\" target=\"_blank\">Forcing the Spring: Inside the Fight for Marriage Equality\u003c/a>,” details the legal strategy that culminated in the U.S. Supreme Court striking down Prop. 8 and allowing same-sex couples to resume getting married here after a five-year hiatus.\u003c/p>\n\u003cp>Herrera, whose office began its legal support of same-sex marriage in 2004 — when San Francisco started issuing marriage licenses in defiance of state law — declared the book “a spellbinder” even though he witnessed much of it firsthand.\u003c/p>\n\u003cp>“As I read it, I wondered what’s going to happen on the next page,” he joked.\u003c/p>\n\u003cp>Herrera, whom the book describes as “jovial,” also admitted a little ambivalence about “Forcing the Spring.\"\u003c/p>\n\u003cp>“The book captured my anxiety and concern about my professional credibility really well,” he joked, referring to a passage in the book noting that the city attorney had not questioned a witness at trial in nine years before doing so during the Prop. 8 trial.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some of Herrera’s staff attorneys, the real local heroes of the book, recalled their shock at having a reporter present as they prepared for the case behind closed doors. “It goes against everything we learned in law school,” one told me, adding it took a while to let down their guard in front of a journalist.\u003c/p>\n\u003cp>Becker said the collaboration of conservative attorney Ted Olson with his Bush vs. Gore nemesis David Boies was what drew her to the story. She said Olson had actually turned down Prop. 8 proponents when they asked him to defend the ban on same-sex marriage.\u003c/p>\n\u003cp>When asked if Olson ever remarked on the irony of his own four marriages (his third wife, Barbara Olson, died on the 9/11 flight that crashed into the Pentagon), Becker said, \"Yeah, he and David Boies have, I think, seven marriages between them, so they joked that they're \u003cem>really\u003c/em> pro-marriage.\"\u003c/p>\n\u003cp>Becker said in exchange for the extraordinary access she got, she promised not to write anything in the New York Times until the case had made its way through the U.S. Supreme Court. When asked what she’d have done if the case had turned out differently — with a less sympathetic judge than Vaughn Walker (his personal revelations and reflections are a highlight of the book), or one who didn’t order a full trial, or a less positive outcome at the Supreme Court — Becker said she was just there to document the back story of a major civil rights case.\u003c/p>\n\u003cp>In fact, she noted that the Supreme Court’s decision invalidating Prop. 8 on technical grounds, rather the legal team’s arguments that marriage was a fundamental right for all couples regardless of sexual orientation, was considered a disappointment.\u003c/p>\n\u003cp>On the flight back to California from the East Coast after the decision was announced, Becker said, the attorneys and their plaintiffs were “a little down” because they didn’t get the sweeping 50-state ruling they always wanted.\u003c/p>\n\u003cp>“The mood changed toward the end of the flight,” she recalled, “when Adam Umhoefer of the American Foundation for Equal Rights stood up and shouted, ‘The plane has just passed into California airspace, where all of us are treated like equal citizens.’ ”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Of course, with a series of recent rulings overturning same-sex marriage bans in states like Utah and Oklahoma making their way through federal courts, they might get that 50-state ruling yet.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134896\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517.jpg\">\u003cimg class=\"size-medium wp-image-134896\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/05/RS10257_IMG_0517-640x413.jpg\" alt=\"San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\" width=\"640\" height=\"413\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Attorney Dennis Herrera, left, and New York Times reporter Jo Becker at City Hall on Thursday. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco City Attorney Dennis Herrera hosted a book signing and legal victory lap in his office Thursday afternoon. The guest of honor: New York Times writer Jo Becker, whose new book, “\u003ca href=\"http://www.nytimes.com/2014/05/01/books/forcing-the-spring-by-jo-becker.html?_r=0\" target=\"_blank\">Forcing the Spring: Inside the Fight for Marriage Equality\u003c/a>,” details the legal strategy that culminated in the U.S. Supreme Court striking down Prop. 8 and allowing same-sex couples to resume getting married here after a five-year hiatus.\u003c/p>\n\u003cp>Herrera, whose office began its legal support of same-sex marriage in 2004 — when San Francisco started issuing marriage licenses in defiance of state law — declared the book “a spellbinder” even though he witnessed much of it firsthand.\u003c/p>\n\u003cp>“As I read it, I wondered what’s going to happen on the next page,” he joked.\u003c/p>\n\u003cp>Herrera, whom the book describes as “jovial,” also admitted a little ambivalence about “Forcing the Spring.\"\u003c/p>\n\u003cp>“The book captured my anxiety and concern about my professional credibility really well,” he joked, referring to a passage in the book noting that the city attorney had not questioned a witness at trial in nine years before doing so during the Prop. 8 trial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some of Herrera’s staff attorneys, the real local heroes of the book, recalled their shock at having a reporter present as they prepared for the case behind closed doors. “It goes against everything we learned in law school,” one told me, adding it took a while to let down their guard in front of a journalist.\u003c/p>\n\u003cp>Becker said the collaboration of conservative attorney Ted Olson with his Bush vs. Gore nemesis David Boies was what drew her to the story. She said Olson had actually turned down Prop. 8 proponents when they asked him to defend the ban on same-sex marriage.\u003c/p>\n\u003cp>When asked if Olson ever remarked on the irony of his own four marriages (his third wife, Barbara Olson, died on the 9/11 flight that crashed into the Pentagon), Becker said, \"Yeah, he and David Boies have, I think, seven marriages between them, so they joked that they're \u003cem>really\u003c/em> pro-marriage.\"\u003c/p>\n\u003cp>Becker said in exchange for the extraordinary access she got, she promised not to write anything in the New York Times until the case had made its way through the U.S. Supreme Court. When asked what she’d have done if the case had turned out differently — with a less sympathetic judge than Vaughn Walker (his personal revelations and reflections are a highlight of the book), or one who didn’t order a full trial, or a less positive outcome at the Supreme Court — Becker said she was just there to document the back story of a major civil rights case.\u003c/p>\n\u003cp>In fact, she noted that the Supreme Court’s decision invalidating Prop. 8 on technical grounds, rather the legal team’s arguments that marriage was a fundamental right for all couples regardless of sexual orientation, was considered a disappointment.\u003c/p>\n\u003cp>On the flight back to California from the East Coast after the decision was announced, Becker said, the attorneys and their plaintiffs were “a little down” because they didn’t get the sweeping 50-state ruling they always wanted.\u003c/p>\n\u003cp>“The mood changed toward the end of the flight,” she recalled, “when Adam Umhoefer of the American Foundation for Equal Rights stood up and shouted, ‘The plane has just passed into California airspace, where all of us are treated like equal citizens.’ ”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Of course, with a series of recent rulings overturning same-sex marriage bans in states like Utah and Oklahoma making their way through federal courts, they might get that 50-state ruling yet.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>California has begun releasing some nonviolent prisoners early in order to meet a court order to ease overcrowding in the state's prison population.\u003c/p>\n\u003cp>Those early releases began two weeks ago, according to a \u003ca href=\"http://www.latimes.com/local/la-me-ff-prison-release-20140430,0,122976.story#axzz30Q7lmeSU\" target=\"_blank\">Los Angeles Times report\u003c/a> Tuesday.\u003c/p>\n\u003cp>Back in February, a panel of federal judges agreed to give Gov. Jerry Brown two more years to meet the court's inmate population targets. The state remains more than 5,000 inmates over that target.\u003c/p>\n\u003cp>The Brown administration has estimated that about 1,400 inmates would be released early over the federally granted two-year period.\u003c/p>\n\u003cp>L.A. Times reporter Paige St. John spoke with KQED's Mina Kim about the releases (listen to the interview below). St. John said the California Department of Corrections and Rehabilitation has not told her how many inmates have been released so far.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The Corrections Department has been refusing for a week to comment on this matter, and in fact, probation departments themselves were unaware they were already receiving these released prisoners until we contacted them and had them go through the intake forms of people arriving at the door,\" St. John said.\u003c/p>\n\u003cp>But the Corrections Department has to give an update to federal judges by May 15 on what it's doing, and St. John said it's likely to count those numbers in its next report. St. John also said concerns over public safety and recidivism of these early inmate releases are probably overblown.\u003c/p>\n\u003cp>\"This particular population is not expected to have a dramatic or even measurable increase on public safety or crime rates, largely because these are individuals who would be released anyway,\" St. John said. \"They're just being released sooner. And experts who had been working for the prisoners in the class-action litigation over California's prison conditions have submitted their own reports finding that there would be no impact on public safety, and in fact, might improve things by allowing people to have a goal of working toward early release by allowing them to earn good-behavior credits, encouraging them to participate in things that will give them a better chance of staying out of trouble when they're on the street.\"\u003c/p>\n\u003cp>Listen to the full interview below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/147311240\"]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California has begun releasing some nonviolent prisoners early in order to meet a court order to ease overcrowding in the state's prison population.\u003c/p>\n\u003cp>Those early releases began two weeks ago, according to a \u003ca href=\"http://www.latimes.com/local/la-me-ff-prison-release-20140430,0,122976.story#axzz30Q7lmeSU\" target=\"_blank\">Los Angeles Times report\u003c/a> Tuesday.\u003c/p>\n\u003cp>Back in February, a panel of federal judges agreed to give Gov. Jerry Brown two more years to meet the court's inmate population targets. The state remains more than 5,000 inmates over that target.\u003c/p>\n\u003cp>The Brown administration has estimated that about 1,400 inmates would be released early over the federally granted two-year period.\u003c/p>\n\u003cp>L.A. Times reporter Paige St. John spoke with KQED's Mina Kim about the releases (listen to the interview below). St. John said the California Department of Corrections and Rehabilitation has not told her how many inmates have been released so far.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The Corrections Department has been refusing for a week to comment on this matter, and in fact, probation departments themselves were unaware they were already receiving these released prisoners until we contacted them and had them go through the intake forms of people arriving at the door,\" St. John said.\u003c/p>\n\u003cp>But the Corrections Department has to give an update to federal judges by May 15 on what it's doing, and St. John said it's likely to count those numbers in its next report. St. John also said concerns over public safety and recidivism of these early inmate releases are probably overblown.\u003c/p>\n\u003cp>\"This particular population is not expected to have a dramatic or even measurable increase on public safety or crime rates, largely because these are individuals who would be released anyway,\" St. John said. \"They're just being released sooner. And experts who had been working for the prisoners in the class-action litigation over California's prison conditions have submitted their own reports finding that there would be no impact on public safety, and in fact, might improve things by allowing people to have a goal of working toward early release by allowing them to earn good-behavior credits, encouraging them to participate in things that will give them a better chance of staying out of trouble when they're on the street.\"\u003c/p>\n\u003cp>Listen to the full interview below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='undefined' height='undefined'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/147311240&visual=true&undefined'\n title='https://api.soundcloud.com/tracks/147311240'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Obamacare in Jail: How San Francisco Policy Helps Inmates",
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"content": "\u003cfigure id=\"attachment_18958\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"https://www.flickr.com/photos/thomashawk/3396042806/in/photolist-hKr7ZG-NyYN7-Q4Sue-8BJVgU-NyYVm-efaaEg-effU5b-efa9kz-efaafp-effSPE-effS5L-NzrB4-NyZ2o-6b6Bdb-ba34VP-ba35eF-o4dSz-YteKt-9PtxFt-516wLR-51aJB5-kEtxz-6mvNzB-6Gh5QT-51aLt1-5GCTEz-fNW3uU-6GkWYj-6GkUN7-6Gm7rd-itxXGM-8rRNtd-6Gh31B-8rNHLR-er2Fr7-8rNHgH-8rRNyN-8rRPuY-8rNJdD-8rRNom-8rNHBn-8rRNJq-8rNHuB-8rRNgY-eZbpkD-6Gm3BC-6GgYiz-arK7kf-ba3aYt-97TLvP\">\u003cimg class=\"size-large wp-image-18958\" title=\"\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2014/04/3396042806_104f70f704_b-640x376.jpg\" alt=\"A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\" width=\"640\" height=\"376\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco Sheriff's Department is implementing a new city law allowing its staff to enroll inmates into health insurance under the Affordable Care Act. Sheriff Ross Mirkarimi believes that making sure people have health coverage when they're released will help prevent them from committing another crime and coming back.\u003c/p>\n\u003cp>“I believe that will go a long way to helping us improve public safety by using a public health strategy,” he said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Health insurance sign-ups available to all inmates at the San Francisco county jail.\u003c/aside>\n\u003cp>He estimates this will help save taxpayers millions of dollars.\u003c/p>\n\u003cp>One inmate – Sophia – recently requested help signing up for health insurance. Sophia, who asked that her last name not be used, was caught driving a stolen car in January and sentenced to three months in the county jail. She says that was because she stopped getting treatment for her substance abuse and mental health problems when her health insurance expired.\u003c!--more-->\u003c/p>\n\u003cp>“It stopped in December. And I didn’t get it reinstated. So I didn’t address any of my issues and I guess that’s why I found myself in a car, driving around,” she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She thought she might not do that again if she could get back on a health plan. She asked the jail if they could help her find one. Tanya Mara, the director of the health division of jail reentry services, came to walk her through the process of applying for health insurance.\u003c/p>\n\u003cp>“Prior to your arrest, did you have an income?\" Mara asked Sophia. \"Does your income change from month to month? What do you expect your income to be for 2014?”\u003c/p>\n\u003cp>Mara quickly identified a program for Sophia.\u003c/p>\n\u003cp>“You would likely qualify for Medi-Cal,” she says. “With the Affordable Care Act, you can now qualify for Medi-Cal based on income.” Medi-Cal is California's version of Medicaid, health insurance for people who are low income.\u003c/p>\n\u003cp>Obamacare has changed two key things for the formerly incarcerated. First, it expanded Medicaid to include childless adults. That means most prisoners will now qualify for the free government health coverage when they get out. Second, all plans must now cover treatment for mental health and substance use disorders –- problems that affect more than half the people in prison or jail, according to a report by the U.S. Department of Justice.\u003c/p>\n\u003cp>\u003cstrong>\"Captive Audience\" for Enrollment\u003c/strong>\u003c/p>\n\u003cp>Pretty soon, health insurance sign-ups like Sophia’s will happen for all inmates at the San Francisco county jail -- whether they request it or not. And they’ll happen right when most new arrivals get booked into custody.\u003c/p>\n\u003cp>“You have a captive audience,” Sheriff Mirkarimi said. He wants to make sure the 30,000 prisoners who come through the jail system every year are covered on the day they’re released.\u003c/p>\n\u003cp>The sheriff was behind the new city law. It authorizes his staff to enroll people into health care plans under the Affordable Care Act, 24 hours a day, 7 days a week. Other counties and states are exploring similar efforts for people exiting jail or prison.\u003c/p>\n\u003cp>But Mirkarimi acknowledges that getting coverage is just one small step. Just because someone has a newly minted Medi-Cal card doesn't mean they'll know how to use it.\u003c/p>\n\u003cp>“No, they’re going to have to demonstrate the wherewithal and resourcefulness to use that Medi-Cal card,” he said. “We, and our staff, help them get ready. But ultimately, it’s on them.”\u003c/p>\n\u003cp>That’s not how Wanda Fain sees it. She was just released from state prison after 21 years behind bars. Everything is new to her. Getting on and off escalators is weird. Mobile phones are a new concept. She says she needs a friend just to help her ride the bus.\u003c/p>\n\u003cp>“They tell me what bus we on, they tell me what stops to get off,” she said, “what specific things to look for so I won’t miss a stop.”\u003c/p>\n\u003cp>Don’t even get her started on housing.\u003c/p>\n\u003cp>“Us parolees, we can’t leave San Francisco. But at the same token, we can’t afford to stay in San Francisco,” she said. “Cause it’s, what ,$4,000 for a one bedroom? Who coming out of prison got that money?”\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/147255043&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Navigating the health care system is even more confusing. Fain has seizures, lymphoma, and bipolar disorder. In prison, the guards regulated all of her care for her. She wasn't allowed to eat a meal until she took her meds. But on the outside, it's up to her to find the right doctor, the right pharmacy –- and to figure out which four buses she needs to take to get there.\u003c/p>\n\u003cp>“It's little things like that that people think are so easy,\" she said, shaking her head. “They are so overwhelming.”\u003c/p>\n\u003cp>If Sheriff Mirkarimi's plan is going to work, people getting out of jail are going to need help on the other side.\u003c/p>\n\u003cp>\u003cstrong>Clinic Helps Former Prisoners Navigate Health Care System\u003c/strong>\u003c/p>\n\u003cp>Most inmates leaving jail or prison are like Fain and have several chronic conditions. And most are so focused on other things that they rarely get medical help until things are so bad that they end up in the Emergency Room.\u003c/p>\n\u003cp>“These are really some of the sickest patients we see in our system,” said Shira Shavit, a family doctor in San Francisco. “They have high rates of hospitalization, very high rates of using the emergency room, and also very high rates of death.”\u003c/p>\n\u003cp>Dr. Shavit is trying to shift those trends. She’s the director of The Transitions Clinic, a specialized program designed for former prisoners, where doctors, psychiatrists, and social workers all consult together on the same patients. But its key staff are community health workers who have all spent time behind bars, too; people like Juanita Alvarado who help patients with all the tasks that would otherwise get in the way of caring for their health -- applying for housing, social security, finding a job, printing out paperwork or bus maps.\u003c/p>\n\u003cp>“Basically holding their hands in the first few weeks after they’re out,” Alvarado said.\u003c/p>\n\u003cp>She keeps the bookshelf behind her desk stocked with soup, breakfast bars, peanut butter, and tuna fish. A lot of their patients are denied food stamps because of drug convictions and have trouble finding affordable groceries.\u003c/p>\n\u003cp>“So I hook them up with a little bag,” Alvarado said.\u003c/p>\n\u003cp>The one-stop-shop approach works. Transition program patients show up for their appointments at higher rates than other patients, and, Dr. Shavit says ER use among their patients has dropped by 50 percent.\u003c/p>\n\u003cp>That caught the attention of the federal government, which foots a lot of those ER bills with taxpayer dollars. It gave the clinic a special $6.8 million \u003ca href=\"http://innovation.cms.gov/initiatives/Health-Care-Innovation-Awards/California.html\" target=\"_blank\">innovation grant\u003c/a> created under the Affordable Care Act to expand the concept beyond San Francisco. The team is using the money to help 11 clinics in six states and Puerto Rico hire and train former prisoners to staff similar programs. Federal health officials believe this will ultimately save $8 million.\u003c/p>\n\u003cp>The even broader goal – for both Mirkarimi’s plan and the Transitions Clinic – is that health care will help keep people from going back to jail or prison. Recidivism rates have dipped in recent years, but they are still high – 61 percent of people who leave a California prison return within three years. For people on parole or probation in San Francisco, the rate is even higher.\u003c/p>\n\u003cp>Wanda Fain feels like she’s just skirting those statistics. She lives a short walk away from the Transitions Clinic and comes often to get help with a range of tasks and health issues.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“If I didn't have Juanita Alvarado, or Dr. Shavit, or any of them, I’d be in – I don’t know where I’d be,” she said. “Probably on my way back.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_18958\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"https://www.flickr.com/photos/thomashawk/3396042806/in/photolist-hKr7ZG-NyYN7-Q4Sue-8BJVgU-NyYVm-efaaEg-effU5b-efa9kz-efaafp-effSPE-effS5L-NzrB4-NyZ2o-6b6Bdb-ba34VP-ba35eF-o4dSz-YteKt-9PtxFt-516wLR-51aJB5-kEtxz-6mvNzB-6Gh5QT-51aLt1-5GCTEz-fNW3uU-6GkWYj-6GkUN7-6Gm7rd-itxXGM-8rRNtd-6Gh31B-8rNHLR-er2Fr7-8rNHgH-8rRNyN-8rRPuY-8rNJdD-8rRNom-8rNHBn-8rRNJq-8rNHuB-8rRNgY-eZbpkD-6Gm3BC-6GgYiz-arK7kf-ba3aYt-97TLvP\">\u003cimg class=\"size-large wp-image-18958\" title=\"\" src=\"http://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2014/04/3396042806_104f70f704_b-640x376.jpg\" alt=\"A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\" width=\"640\" height=\"376\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A new law permits San Francisco Sheriff Department staff to enroll people into health plans. (Thomas Hawk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco Sheriff's Department is implementing a new city law allowing its staff to enroll inmates into health insurance under the Affordable Care Act. Sheriff Ross Mirkarimi believes that making sure people have health coverage when they're released will help prevent them from committing another crime and coming back.\u003c/p>\n\u003cp>“I believe that will go a long way to helping us improve public safety by using a public health strategy,” he said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Health insurance sign-ups available to all inmates at the San Francisco county jail.\u003c/aside>\n\u003cp>He estimates this will help save taxpayers millions of dollars.\u003c/p>\n\u003cp>One inmate – Sophia – recently requested help signing up for health insurance. Sophia, who asked that her last name not be used, was caught driving a stolen car in January and sentenced to three months in the county jail. She says that was because she stopped getting treatment for her substance abuse and mental health problems when her health insurance expired.\u003c!--more-->\u003c/p>\n\u003cp>“It stopped in December. And I didn’t get it reinstated. So I didn’t address any of my issues and I guess that’s why I found myself in a car, driving around,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She thought she might not do that again if she could get back on a health plan. She asked the jail if they could help her find one. Tanya Mara, the director of the health division of jail reentry services, came to walk her through the process of applying for health insurance.\u003c/p>\n\u003cp>“Prior to your arrest, did you have an income?\" Mara asked Sophia. \"Does your income change from month to month? What do you expect your income to be for 2014?”\u003c/p>\n\u003cp>Mara quickly identified a program for Sophia.\u003c/p>\n\u003cp>“You would likely qualify for Medi-Cal,” she says. “With the Affordable Care Act, you can now qualify for Medi-Cal based on income.” Medi-Cal is California's version of Medicaid, health insurance for people who are low income.\u003c/p>\n\u003cp>Obamacare has changed two key things for the formerly incarcerated. First, it expanded Medicaid to include childless adults. That means most prisoners will now qualify for the free government health coverage when they get out. Second, all plans must now cover treatment for mental health and substance use disorders –- problems that affect more than half the people in prison or jail, according to a report by the U.S. Department of Justice.\u003c/p>\n\u003cp>\u003cstrong>\"Captive Audience\" for Enrollment\u003c/strong>\u003c/p>\n\u003cp>Pretty soon, health insurance sign-ups like Sophia’s will happen for all inmates at the San Francisco county jail -- whether they request it or not. And they’ll happen right when most new arrivals get booked into custody.\u003c/p>\n\u003cp>“You have a captive audience,” Sheriff Mirkarimi said. He wants to make sure the 30,000 prisoners who come through the jail system every year are covered on the day they’re released.\u003c/p>\n\u003cp>The sheriff was behind the new city law. It authorizes his staff to enroll people into health care plans under the Affordable Care Act, 24 hours a day, 7 days a week. Other counties and states are exploring similar efforts for people exiting jail or prison.\u003c/p>\n\u003cp>But Mirkarimi acknowledges that getting coverage is just one small step. Just because someone has a newly minted Medi-Cal card doesn't mean they'll know how to use it.\u003c/p>\n\u003cp>“No, they’re going to have to demonstrate the wherewithal and resourcefulness to use that Medi-Cal card,” he said. “We, and our staff, help them get ready. But ultimately, it’s on them.”\u003c/p>\n\u003cp>That’s not how Wanda Fain sees it. She was just released from state prison after 21 years behind bars. Everything is new to her. Getting on and off escalators is weird. Mobile phones are a new concept. She says she needs a friend just to help her ride the bus.\u003c/p>\n\u003cp>“They tell me what bus we on, they tell me what stops to get off,” she said, “what specific things to look for so I won’t miss a stop.”\u003c/p>\n\u003cp>Don’t even get her started on housing.\u003c/p>\n\u003cp>“Us parolees, we can’t leave San Francisco. But at the same token, we can’t afford to stay in San Francisco,” she said. “Cause it’s, what ,$4,000 for a one bedroom? Who coming out of prison got that money?”\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/147255043&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>Navigating the health care system is even more confusing. Fain has seizures, lymphoma, and bipolar disorder. In prison, the guards regulated all of her care for her. She wasn't allowed to eat a meal until she took her meds. But on the outside, it's up to her to find the right doctor, the right pharmacy –- and to figure out which four buses she needs to take to get there.\u003c/p>\n\u003cp>“It's little things like that that people think are so easy,\" she said, shaking her head. “They are so overwhelming.”\u003c/p>\n\u003cp>If Sheriff Mirkarimi's plan is going to work, people getting out of jail are going to need help on the other side.\u003c/p>\n\u003cp>\u003cstrong>Clinic Helps Former Prisoners Navigate Health Care System\u003c/strong>\u003c/p>\n\u003cp>Most inmates leaving jail or prison are like Fain and have several chronic conditions. And most are so focused on other things that they rarely get medical help until things are so bad that they end up in the Emergency Room.\u003c/p>\n\u003cp>“These are really some of the sickest patients we see in our system,” said Shira Shavit, a family doctor in San Francisco. “They have high rates of hospitalization, very high rates of using the emergency room, and also very high rates of death.”\u003c/p>\n\u003cp>Dr. Shavit is trying to shift those trends. She’s the director of The Transitions Clinic, a specialized program designed for former prisoners, where doctors, psychiatrists, and social workers all consult together on the same patients. But its key staff are community health workers who have all spent time behind bars, too; people like Juanita Alvarado who help patients with all the tasks that would otherwise get in the way of caring for their health -- applying for housing, social security, finding a job, printing out paperwork or bus maps.\u003c/p>\n\u003cp>“Basically holding their hands in the first few weeks after they’re out,” Alvarado said.\u003c/p>\n\u003cp>She keeps the bookshelf behind her desk stocked with soup, breakfast bars, peanut butter, and tuna fish. A lot of their patients are denied food stamps because of drug convictions and have trouble finding affordable groceries.\u003c/p>\n\u003cp>“So I hook them up with a little bag,” Alvarado said.\u003c/p>\n\u003cp>The one-stop-shop approach works. Transition program patients show up for their appointments at higher rates than other patients, and, Dr. Shavit says ER use among their patients has dropped by 50 percent.\u003c/p>\n\u003cp>That caught the attention of the federal government, which foots a lot of those ER bills with taxpayer dollars. It gave the clinic a special $6.8 million \u003ca href=\"http://innovation.cms.gov/initiatives/Health-Care-Innovation-Awards/California.html\" target=\"_blank\">innovation grant\u003c/a> created under the Affordable Care Act to expand the concept beyond San Francisco. The team is using the money to help 11 clinics in six states and Puerto Rico hire and train former prisoners to staff similar programs. Federal health officials believe this will ultimately save $8 million.\u003c/p>\n\u003cp>The even broader goal – for both Mirkarimi’s plan and the Transitions Clinic – is that health care will help keep people from going back to jail or prison. Recidivism rates have dipped in recent years, but they are still high – 61 percent of people who leave a California prison return within three years. For people on parole or probation in San Francisco, the rate is even higher.\u003c/p>\n\u003cp>Wanda Fain feels like she’s just skirting those statistics. She lives a short walk away from the Transitions Clinic and comes often to get help with a range of tasks and health issues.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cfigure id=\"attachment_134492\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-134492\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o-640x426.jpg\" alt=\"Roughly 90% of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\" width=\"400\" height=\"266\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Roughly 90 percent of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday, April 30: \u003c/strong> The two-hour oral arguments in Riley v. California at the Supreme Court on Tuesday were, according to press accounts, lively.\u003c/p>\n\u003cp>The more liberal justices (Kagan, Sotomayor, Breyer and Ginsburg) seemed most concerned about warrantless searches of cellphones.\u003c/p>\n\u003cp>“People carry their lives on cellphones,” said Justice Kagan at one point.\u003c/p>\n\u003cp>Justice Anthony Kennedy, who is often the SCOTUS tiebreaker, and Justice Antonin Scalia both indicated interest in some kind of “middle ground” decision.\u003c/p>\n\u003cp>“It seems absurd you should be able to search that person’s iPhone because of an arrest for a minor crime,” Scalia said. Those kinds of comments suggested an ultimate decision short of a “bright line” all-or-nothing ruling, such as “you must have a warrant to search a cell phone at any time for any reason.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The justices, who are sometimes portrayed as “less than with it” when it comes to technology (will there ever be cameras in the courtroom?) seemed to go out of their way to show their hipness.\u003c/p>\n\u003cp>Chief Justice John Roberts wondered if some data on cellphones might not be legally protected, given how public it already is. “What about something (from) Facebook or Twitter? The privacy interest in a Facebook account is at least diminished,” he said. Someone out there is sure to have “liked” that comment.\u003c/p>\n\u003cp>Here’s some of the coverage of the arguments:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>SCOTUSBlog:\u003c/strong> \u003ca href=\"http://www.scotusblog.com/2014/04/argument-analysis-limiting-a-search-sure-but-how/\" target=\"_blank\" rel=\"noopener\">Argument analysis: Limiting a search? Sure, but how?\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>NPR’s Nina Totenberg:\u003c/strong> \u003ca href=\"http://www.npr.org/2014/04/29/308068253/supreme-court-considers-where-lines-drawn-in-cell-phone-searches?utm_campaign=storyshare&utm_source=share&utm_medium=twitter\" target=\"_blank\" rel=\"noopener\">Court struggles to adapt modern technology to traditional legal rules\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>New York Times:\u003c/strong> \u003ca href=\"http://www.nytimes.com/2014/04/30/us/justices-seem-torn-on-cellphone-warrants.html?ref=us&_r=1\" target=\"_blank\" rel=\"noopener\">Justices Appear Divided on Cellphone Warrants\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>Truthdig: \u003c/strong>\u003ca href=\"http://www.truthdig.com/report/item/two_felons_could_force_the_supreme_court_to_protect_privacy_in_the_digital_\" target=\"_blank\" rel=\"noopener\">Two felons could force the Supreme Court to protect privacy in the digital age\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A ruling on the issue is expected by the end of June.\u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, April 28):\u003c/strong> Early one morning in 2009, college student David Riley was pulled over by San Diego police. Riley’s plates had expired tags and he was driving with a suspended license.\u003c/p>\n\u003cp>In the course of searching his car, the police found two concealed and loaded handguns.\u003c/p>\n\u003cp>Riley was placed under arrest and the officer took a Samsung smartphone from his pocket. That phone — and everything stored on it — was later searched by the police without a warrant. The contents of the phone were used to connect Riley to gang activity, leading to several charges, including attempted murder. He was sentenced to 15 years to life.\u003c/p>\n\u003cp>\u003ca href=\"http://www.law.stanford.edu/profile/jeffrey-l-fisher\" target=\"_blank\" rel=\"noopener\">Stanford Law Professor Jeff Fisher\u003c/a>, who is Riley’s attorney, explains that police “found photographs and videos of Mr. Riley near a red car — a car that had been involved in an altercation where shots were fired.”\u003c/p>\n\u003cp>His conviction and the warrantless phone search were later upheld by the California Supreme Court, which had previously ruled that such searches are constitutional. Now Riley is asking the U.S. Supreme Court to declare that such searches violate the Fourth Amendment’s ban on “unreasonable searches and seizures.” The case will be heard Tuesday.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146960041&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>“A cellphone is, in essence, a portal into the most private and sensitive information in our lives,” Fisher says. “Our work, our personal life, our banking, our medical records — all the way down the line.”\u003c/p>\n\u003cp>In its \u003ca href=\"http://www.volokh.com/wp-content/uploads/2013/08/Riley-cert-petition-final-1.pdf\" target=\"_blank\" rel=\"noopener\">brief to the Supreme Court\u003c/a>, the government contends the Fourth Amendment \u003cem>allows\u003c/em> the search of objects found on someone arrested, including a cellphone. That information, they argue, “is not different in kind from wallets, address books, personal papers and other items that have long been subject to examination.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘A cellphone is, in essence, a portal into the most private and sensitive information in our lives.’\u003ccite>— Professor Jeff Fisher\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>Law enforcement groups agree. Richard Littlehale represents the \u003ca href=\"https://www.ascia.org\" target=\"_blank\" rel=\"noopener\">Association of State Criminal Investigative Agencies\u003c/a>, part of a consortium of groups asking the court to uphold these searches. Littlehale says that in the future more and more evidence is going to be found in digital formats. Unless police are allowed to immediately search a smartphone, he says, evidence could be lost forever.\u003c/p>\n\u003cp>“We need to get out there more and explain why we need these records and make our case to the courts and make our case to the public that this evidence is important in our quest to protect them,” Littlehale says.\u003c/p>\n\u003cp>Privacy advocates say the fear of losing potential evidence is overblown, arguing that there are ways to preserve the information on cellphones until the police have a search warrant. They argue that the amount and sensitivity of information stored on cellphones require a higher level of privacy.\u003c/p>\n\u003cp>In addition to \u003ca href=\"http://www.scotusblog.com/case-files/cases/riley-v-california/\" target=\"_blank\" rel=\"noopener\">Riley v. California\u003c/a>, the Supreme Court on Tuesday will also hear a second case, \u003ca href=\"http://media.ca1.uscourts.gov/pdf.opinions/11-1792P-01A.pdf\" target=\"_blank\" rel=\"noopener\">U.S. v. Wurie\u003c/a>, arising from a 2007 Boston case in which police searched the call log of a flip phone, leading to gun and drug charges. Last year, a federal appeals court ruled that evidence was obtained illegally, the opposite finding to the California case.\u003c/p>\n\u003cp>The pervasiveness of mobile phones — nine out of 10 adults in the U.S. have cellphones — make these cases the most important in the Supreme Court’s criminal docket this term, according to UC Hastings Law Professor Rory Little.\u003c/p>\n\u003cp>“These cases have been sort of brewing for years,” Little says. “How’s the Fourth Amendment going to be applied in the 21st century when the framers had no conception of any of the technology that we now have to deal with?”\u003c/p>\n\u003cp>Unlike some issues, Little says, this one may not break along the usual liberal-conservative lines. For example, conservative Justice Antonin Scalia often expresses concern about law enforcement’s encroachment on personal privacy.\u003c/p>\n\u003cp>In the end, Little says, the court may not issue a sweeping decision. “My prediction is they will move incrementally. They won’t decide a case which then decides every issue for the future.”\u003c/p>\n\u003cp>\u003cem>Watch Scott Shafer’s interview with UC Hastings Law Professor Rory Little and San Jose Mercury News Reporter Michelle Quinn, on “KQED Newsroom.”\u003c/em>\u003c/p>\n\u003cdiv class=\"single-video\">[youtube http://www.youtube.com/watch?v=4hEaiqvOutk&w=560&h=315]\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://www.kqed.org/tv/programs/newsroom/\" target=\"_blank\" rel=\"noopener\">KQED NEWSROOM\u003c/a> is a weekly news magazine program on television, radio and online. Watch Fridays at 8 p.m. on KQED Public Television 9, listen on Sundays at 6 p.m. on KQED Public Radio 88.5 FM and watch on demand \u003ca href=\"http://www.kqed.org/tv/programs/newsroom/\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_134492\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-134492\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/699487712_efff9943f2_o-640x426.jpg\" alt=\"Roughly 90% of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\" width=\"400\" height=\"266\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Roughly 90 percent of adults in the United States have cellphones. (Pieter Ouwerkerk/Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update Wednesday, April 30: \u003c/strong> The two-hour oral arguments in Riley v. California at the Supreme Court on Tuesday were, according to press accounts, lively.\u003c/p>\n\u003cp>The more liberal justices (Kagan, Sotomayor, Breyer and Ginsburg) seemed most concerned about warrantless searches of cellphones.\u003c/p>\n\u003cp>“People carry their lives on cellphones,” said Justice Kagan at one point.\u003c/p>\n\u003cp>Justice Anthony Kennedy, who is often the SCOTUS tiebreaker, and Justice Antonin Scalia both indicated interest in some kind of “middle ground” decision.\u003c/p>\n\u003cp>“It seems absurd you should be able to search that person’s iPhone because of an arrest for a minor crime,” Scalia said. Those kinds of comments suggested an ultimate decision short of a “bright line” all-or-nothing ruling, such as “you must have a warrant to search a cell phone at any time for any reason.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The justices, who are sometimes portrayed as “less than with it” when it comes to technology (will there ever be cameras in the courtroom?) seemed to go out of their way to show their hipness.\u003c/p>\n\u003cp>Chief Justice John Roberts wondered if some data on cellphones might not be legally protected, given how public it already is. “What about something (from) Facebook or Twitter? The privacy interest in a Facebook account is at least diminished,” he said. Someone out there is sure to have “liked” that comment.\u003c/p>\n\u003cp>Here’s some of the coverage of the arguments:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>SCOTUSBlog:\u003c/strong> \u003ca href=\"http://www.scotusblog.com/2014/04/argument-analysis-limiting-a-search-sure-but-how/\" target=\"_blank\" rel=\"noopener\">Argument analysis: Limiting a search? Sure, but how?\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>NPR’s Nina Totenberg:\u003c/strong> \u003ca href=\"http://www.npr.org/2014/04/29/308068253/supreme-court-considers-where-lines-drawn-in-cell-phone-searches?utm_campaign=storyshare&utm_source=share&utm_medium=twitter\" target=\"_blank\" rel=\"noopener\">Court struggles to adapt modern technology to traditional legal rules\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>New York Times:\u003c/strong> \u003ca href=\"http://www.nytimes.com/2014/04/30/us/justices-seem-torn-on-cellphone-warrants.html?ref=us&_r=1\" target=\"_blank\" rel=\"noopener\">Justices Appear Divided on Cellphone Warrants\u003c/a>\u003c/li>\n\u003cli>\u003cstrong>Truthdig: \u003c/strong>\u003ca href=\"http://www.truthdig.com/report/item/two_felons_could_force_the_supreme_court_to_protect_privacy_in_the_digital_\" target=\"_blank\" rel=\"noopener\">Two felons could force the Supreme Court to protect privacy in the digital age\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>A ruling on the issue is expected by the end of June.\u003c/p>\n\u003cp>\u003cstrong>Original post (Monday, April 28):\u003c/strong> Early one morning in 2009, college student David Riley was pulled over by San Diego police. Riley’s plates had expired tags and he was driving with a suspended license.\u003c/p>\n\u003cp>In the course of searching his car, the police found two concealed and loaded handguns.\u003c/p>\n\u003cp>Riley was placed under arrest and the officer took a Samsung smartphone from his pocket. That phone — and everything stored on it — was later searched by the police without a warrant. The contents of the phone were used to connect Riley to gang activity, leading to several charges, including attempted murder. He was sentenced to 15 years to life.\u003c/p>\n\u003cp>\u003ca href=\"http://www.law.stanford.edu/profile/jeffrey-l-fisher\" target=\"_blank\" rel=\"noopener\">Stanford Law Professor Jeff Fisher\u003c/a>, who is Riley’s attorney, explains that police “found photographs and videos of Mr. Riley near a red car — a car that had been involved in an altercation where shots were fired.”\u003c/p>\n\u003cp>His conviction and the warrantless phone search were later upheld by the California Supreme Court, which had previously ruled that such searches are constitutional. Now Riley is asking the U.S. Supreme Court to declare that such searches violate the Fourth Amendment’s ban on “unreasonable searches and seizures.” The case will be heard Tuesday.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146960041&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>“A cellphone is, in essence, a portal into the most private and sensitive information in our lives,” Fisher says. “Our work, our personal life, our banking, our medical records — all the way down the line.”\u003c/p>\n\u003cp>In its \u003ca href=\"http://www.volokh.com/wp-content/uploads/2013/08/Riley-cert-petition-final-1.pdf\" target=\"_blank\" rel=\"noopener\">brief to the Supreme Court\u003c/a>, the government contends the Fourth Amendment \u003cem>allows\u003c/em> the search of objects found on someone arrested, including a cellphone. That information, they argue, “is not different in kind from wallets, address books, personal papers and other items that have long been subject to examination.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘A cellphone is, in essence, a portal into the most private and sensitive information in our lives.’\u003ccite>— Professor Jeff Fisher\u003cbr>\nStanford Law School\u003c/cite>\u003c/aside>\n\u003cp>Law enforcement groups agree. Richard Littlehale represents the \u003ca href=\"https://www.ascia.org\" target=\"_blank\" rel=\"noopener\">Association of State Criminal Investigative Agencies\u003c/a>, part of a consortium of groups asking the court to uphold these searches. Littlehale says that in the future more and more evidence is going to be found in digital formats. Unless police are allowed to immediately search a smartphone, he says, evidence could be lost forever.\u003c/p>\n\u003cp>“We need to get out there more and explain why we need these records and make our case to the courts and make our case to the public that this evidence is important in our quest to protect them,” Littlehale says.\u003c/p>\n\u003cp>Privacy advocates say the fear of losing potential evidence is overblown, arguing that there are ways to preserve the information on cellphones until the police have a search warrant. They argue that the amount and sensitivity of information stored on cellphones require a higher level of privacy.\u003c/p>\n\u003cp>In addition to \u003ca href=\"http://www.scotusblog.com/case-files/cases/riley-v-california/\" target=\"_blank\" rel=\"noopener\">Riley v. California\u003c/a>, the Supreme Court on Tuesday will also hear a second case, \u003ca href=\"http://media.ca1.uscourts.gov/pdf.opinions/11-1792P-01A.pdf\" target=\"_blank\" rel=\"noopener\">U.S. v. Wurie\u003c/a>, arising from a 2007 Boston case in which police searched the call log of a flip phone, leading to gun and drug charges. Last year, a federal appeals court ruled that evidence was obtained illegally, the opposite finding to the California case.\u003c/p>\n\u003cp>The pervasiveness of mobile phones — nine out of 10 adults in the U.S. have cellphones — make these cases the most important in the Supreme Court’s criminal docket this term, according to UC Hastings Law Professor Rory Little.\u003c/p>\n\u003cp>“These cases have been sort of brewing for years,” Little says. “How’s the Fourth Amendment going to be applied in the 21st century when the framers had no conception of any of the technology that we now have to deal with?”\u003c/p>\n\u003cp>Unlike some issues, Little says, this one may not break along the usual liberal-conservative lines. For example, conservative Justice Antonin Scalia often expresses concern about law enforcement’s encroachment on personal privacy.\u003c/p>\n\u003cp>In the end, Little says, the court may not issue a sweeping decision. “My prediction is they will move incrementally. They won’t decide a case which then decides every issue for the future.”\u003c/p>\n\u003cp>\u003cem>Watch Scott Shafer’s interview with UC Hastings Law Professor Rory Little and San Jose Mercury News Reporter Michelle Quinn, on “KQED Newsroom.”\u003c/em>\u003c/p>\n\u003cdiv class=\"single-video\">\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/4hEaiqvOutk'\n title='//www.youtube.com/embed/4hEaiqvOutk'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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"radiolab": {
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"reveal": {
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},
"rightnowish": {
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"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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},
"science-friday": {
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"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"snap-judgment": {
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"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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},
"soldout": {
"id": "soldout",
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