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"content": "\u003cp>\u003cstrong>By Don Thompson, Associated Press\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_116396\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/116389/California-courts-gun-law-mentally-ill/rs4483_432945997_2f334dafab_o-scr-2/\" rel=\"attachment wp-att-116396\">\u003cimg class=\"size-full wp-image-116396\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/RS4483_432945997_2f334dafab_o-scr1-e1383095535761.jpg\" alt=\"Michael Glasgow/Flickr\" width=\"640\" height=\"428\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michael Glasgow/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>SACRAMENTO — Many California courts fail to tell state justice officials when someone is determined to be mentally ill, undermining efforts to take guns away from potentially dangerous owners, according to a state audit released Tuesday.\u003c/p>\n\u003cp>State law requires courts to tell the Department of Justice when it makes certain mental health determinations.\u003c/p>\n\u003cp>The department uses that information as part of a program unique to California that seizes guns from people who are prohibited from having them, including the mentally ill.\u003c/p>\n\u003cp>Auditors discovered that many courts were not aware of the reporting requirements.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>They surveyed 34 of California's 58 superior courts and found that only five knew of the law. The 34 courts collectively failed to report at least 2,300 mental health determinations over a three-year period ending in 2012.\u003c/p>\n\u003cp>Other courts only reported some of the information required by law.\u003c/p>\n\u003cp>The audit said San Bernardino County failed to report all 15 cases involving defendants deemed mentally incompetent to stand trial. Los Angeles County Superior Court failed to report nearly half the 27 cases reviewed by auditors, while Santa Clara County's largest courthouse made just nine of 15 required reports.\u003c/p>\n\u003cp>\u003c!--more-->Courts are required to report the information immediately, but auditors found some took up to seven days. They recommended that state law be changed to require reporting within 24 hours.\u003c/p>\n\u003cp>Meanwhile, Justice Department officials failed to remind courts of their responsibility, even when they knew reports were missing.\u003c/p>\n\u003cp>The department also failed to keep proper track of mental health facilities that also are required to report problems, and employees' judgments on who should be prohibited from owning firearms were sometimes flawed. Of eight decisions reviewed by auditors, three were incorrect.\u003c/p>\n\u003cp>The audit also criticized the department's backlog of cases, though the state this year allocated $24 million to eliminate the delays by 2016.\u003c/p>\n\u003cp>The Justice Department agreed with every finding, but spokesman Nick Pacilio declined further comment. The department sent a notice in August reminding courts of their responsibilities.\u003c/p>\n\u003cp>Court officials generally agreed with the findings, according to responses in the audit. However, the Administrative Office of the Courts raised concerns about changing state law to require reporting within 24 hours, citing budget cuts and court closures on nights and weekends. A new law gives the courts two days to report.\u003c/p>\n\u003cp>Republican Assemblymen Katcho Achadjian of San Luis Obispo and Allan Mansoor of Costa Mesa had sought the review by the nonpartisan Bureau of State Audits.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The audit \"confirmed our worst fears,'' Achadjian said in a statement. \"The safety of our communities relies upon government at every level doing better job of reporting this information.''\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Don Thompson, Associated Press\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_116396\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/116389/California-courts-gun-law-mentally-ill/rs4483_432945997_2f334dafab_o-scr-2/\" rel=\"attachment wp-att-116396\">\u003cimg class=\"size-full wp-image-116396\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/RS4483_432945997_2f334dafab_o-scr1-e1383095535761.jpg\" alt=\"Michael Glasgow/Flickr\" width=\"640\" height=\"428\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michael Glasgow/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>SACRAMENTO — Many California courts fail to tell state justice officials when someone is determined to be mentally ill, undermining efforts to take guns away from potentially dangerous owners, according to a state audit released Tuesday.\u003c/p>\n\u003cp>State law requires courts to tell the Department of Justice when it makes certain mental health determinations.\u003c/p>\n\u003cp>The department uses that information as part of a program unique to California that seizes guns from people who are prohibited from having them, including the mentally ill.\u003c/p>\n\u003cp>Auditors discovered that many courts were not aware of the reporting requirements.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>They surveyed 34 of California's 58 superior courts and found that only five knew of the law. The 34 courts collectively failed to report at least 2,300 mental health determinations over a three-year period ending in 2012.\u003c/p>\n\u003cp>Other courts only reported some of the information required by law.\u003c/p>\n\u003cp>The audit said San Bernardino County failed to report all 15 cases involving defendants deemed mentally incompetent to stand trial. Los Angeles County Superior Court failed to report nearly half the 27 cases reviewed by auditors, while Santa Clara County's largest courthouse made just nine of 15 required reports.\u003c/p>\n\u003cp>\u003c!--more-->Courts are required to report the information immediately, but auditors found some took up to seven days. They recommended that state law be changed to require reporting within 24 hours.\u003c/p>\n\u003cp>Meanwhile, Justice Department officials failed to remind courts of their responsibility, even when they knew reports were missing.\u003c/p>\n\u003cp>The department also failed to keep proper track of mental health facilities that also are required to report problems, and employees' judgments on who should be prohibited from owning firearms were sometimes flawed. Of eight decisions reviewed by auditors, three were incorrect.\u003c/p>\n\u003cp>The audit also criticized the department's backlog of cases, though the state this year allocated $24 million to eliminate the delays by 2016.\u003c/p>\n\u003cp>The Justice Department agreed with every finding, but spokesman Nick Pacilio declined further comment. The department sent a notice in August reminding courts of their responsibilities.\u003c/p>\n\u003cp>Court officials generally agreed with the findings, according to responses in the audit. However, the Administrative Office of the Courts raised concerns about changing state law to require reporting within 24 hours, citing budget cuts and court closures on nights and weekends. A new law gives the courts two days to report.\u003c/p>\n\u003cp>Republican Assemblymen Katcho Achadjian of San Luis Obispo and Allan Mansoor of Costa Mesa had sought the review by the nonpartisan Bureau of State Audits.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The audit \"confirmed our worst fears,'' Achadjian said in a statement. \"The safety of our communities relies upon government at every level doing better job of reporting this information.''\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Half Moon Bay Makes Big Waves, In and Out of the Water",
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"content": "\u003cfigure id=\"attachment_116367\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/116349/Half-Moon-Bay-Mavericks-Khosla-Martins-Beach/mavericks_surf_contest_2010a/\" rel=\"attachment wp-att-116367\">\u003cimg class=\"size-full wp-image-116367\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/Mavericks_Surf_Contest_2010a-e1383089187432.jpg\" alt=\"From the 2010 Mavericks surf contest (Jacobovs / Wikimedia Commons\" width=\"640\" height=\"458\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">From the 2010 Mavericks surf contest (Jacobovs / Wikimedia Commons)\u003c/figcaption>\u003c/figure>\n\u003cp>Half Moon Bay is always in the news around this time of year, what with all those giant gourds demanding attention.\u003c/p>\n\u003cp>But the past few days and going into this weekend, the area has been drawing scrutiny for some big waves, literally and figuratively: The world's top surfers could convene at HMB for the \u003ca href=\"http://mavericksinvitational.com/\">Mavericks' contest\u003c/a>, which might be as early as Friday. And last week Silicon Valley venture capitalist Vinod Khosla won a round in his controversial fight to block the public from walking or driving to \u003ca href=\"http://www.sfgate.com/default/article/Surfers-lose-fight-to-access-Half-Moon-Bay-beach-4926919.php\">Martins Beach\u003c/a>, just south of Half Moon Bay. Before Khosla purchased the property in 2008, the beach had been popular with surfers, fishermen and picnickers for decades.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>The judge's ruling skirts the fundamental conflict between the rights of private property owners and the rights of Californians to access the shoreline.\u003c/strong> \u003c/aside>\n\u003cp>The 2013-14 Body Glove Mavericks Invitational, held about a half-mile off Pillar Point, takes place when waves higher than 30 feet break at regular intervals, with good visibility and low winds. But all those conditions must be met, so even though the contest window opens Nov. 1, it could be months before the contest happens (the window closes March 31).\u003c/p>\n\u003cp>Among the two-dozen elite competitors expected to attend is Brazilian Carlos Burle, who on Monday was reported to have possibly \u003ca href=\"http://www.latimes.com/sports/sportsnow/la-sp-sn-watch-surfer-big-wave-portugal-guinness-record-20131029,0,4378709.htmlstory#axzz2j9bLKlRa\">surfed the world's biggest wave\u003c/a> off the coast of Portugal. Preliminary estimates put his wave at about 100 feet. (The current record is a 78-foot wave surfed in 2011, also off the coast of Portugal.) Other surfers at Mavericks this year include 2012-13 Mavericks winner Peter Mel, of Santa Cruz, and 2009-10 winner Chris Bertish, of South Africa.\u003c/p>\n\u003cp>Speaking of surfers, San Mateo County Superior Court Gerald Buchwald ruled against a group of surfers called Friends of Martin’s Beach, in Khosla's favor, saying that the history of the property as a mid-19th century land grant predates the creation of the state of California, and preempts the California Constitution.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!--more-->The \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_24380282/vinod-khosla-wins-key-martins-beach-battle\">Mercury News\u003c/a> explained the ruling:\u003c/p>\n\u003cblockquote>\u003cp>The judge's ruling skirts the fundamental conflict between the rights of private property owners and the rights of Californians to access the shoreline. Instead, Buchwald rooted his decision in the land's history during the mid-19th century. Since there was no public easement attached to the property at the time the United States acquired California from Mexico, the judge reasoned, the question of whether the California Constitution now guarantees access to the beach is immaterial.\u003c/p>\n\u003cp>The original owner of the property was Jose Maria Alviso, who received a provisional land grant from the Mexican government in the late 1830s. He later transferred the property to his brother, Jose Antonio Alviso, whose rights to the property were upheld under the 1848 Treaty of Guadalupe Hidalgo, which settled the Mexican-American War. The U.S. government challenged Alviso's land patent, but the Supreme Court confirmed Alviso's ownership in 1859.\u003c/p>\n\u003cp>All that complicated history led Buchwald to a basic conclusion: The nation's high court exempted this property from the full reach of California law.\u003c/p>\u003c/blockquote>\n\u003cp>The Friends plan to appeal. Another lawsuit against Khosla is headed for trial next spring: The Malibu-based nonprofit \u003ca href=\"http://www.surfrider.org/jims-blog/entry/vinod-khosla-beaches-belong-to-the-public-they-are-not-for-sale2\">Surfrider Foundation\u003c/a> contends that locking the gate to the road off Highway 1 constituted development under California coastal law, for which Khosla needed a California Coastal Commission permit. The foundation, together with surf publication \u003ca href=\"http://www.theinertia.com/\">The Inertia\u003c/a>, made a short film about Martins Beach, below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[vimeo 75373721 w=500 h=281]\u003c/p>\n\n",
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"title": "Half Moon Bay Makes Big Waves, In and Out of the Water | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_116367\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/29/116349/Half-Moon-Bay-Mavericks-Khosla-Martins-Beach/mavericks_surf_contest_2010a/\" rel=\"attachment wp-att-116367\">\u003cimg class=\"size-full wp-image-116367\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/Mavericks_Surf_Contest_2010a-e1383089187432.jpg\" alt=\"From the 2010 Mavericks surf contest (Jacobovs / Wikimedia Commons\" width=\"640\" height=\"458\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">From the 2010 Mavericks surf contest (Jacobovs / Wikimedia Commons)\u003c/figcaption>\u003c/figure>\n\u003cp>Half Moon Bay is always in the news around this time of year, what with all those giant gourds demanding attention.\u003c/p>\n\u003cp>But the past few days and going into this weekend, the area has been drawing scrutiny for some big waves, literally and figuratively: The world's top surfers could convene at HMB for the \u003ca href=\"http://mavericksinvitational.com/\">Mavericks' contest\u003c/a>, which might be as early as Friday. And last week Silicon Valley venture capitalist Vinod Khosla won a round in his controversial fight to block the public from walking or driving to \u003ca href=\"http://www.sfgate.com/default/article/Surfers-lose-fight-to-access-Half-Moon-Bay-beach-4926919.php\">Martins Beach\u003c/a>, just south of Half Moon Bay. Before Khosla purchased the property in 2008, the beach had been popular with surfers, fishermen and picnickers for decades.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>The judge's ruling skirts the fundamental conflict between the rights of private property owners and the rights of Californians to access the shoreline.\u003c/strong> \u003c/aside>\n\u003cp>The 2013-14 Body Glove Mavericks Invitational, held about a half-mile off Pillar Point, takes place when waves higher than 30 feet break at regular intervals, with good visibility and low winds. But all those conditions must be met, so even though the contest window opens Nov. 1, it could be months before the contest happens (the window closes March 31).\u003c/p>\n\u003cp>Among the two-dozen elite competitors expected to attend is Brazilian Carlos Burle, who on Monday was reported to have possibly \u003ca href=\"http://www.latimes.com/sports/sportsnow/la-sp-sn-watch-surfer-big-wave-portugal-guinness-record-20131029,0,4378709.htmlstory#axzz2j9bLKlRa\">surfed the world's biggest wave\u003c/a> off the coast of Portugal. Preliminary estimates put his wave at about 100 feet. (The current record is a 78-foot wave surfed in 2011, also off the coast of Portugal.) Other surfers at Mavericks this year include 2012-13 Mavericks winner Peter Mel, of Santa Cruz, and 2009-10 winner Chris Bertish, of South Africa.\u003c/p>\n\u003cp>Speaking of surfers, San Mateo County Superior Court Gerald Buchwald ruled against a group of surfers called Friends of Martin’s Beach, in Khosla's favor, saying that the history of the property as a mid-19th century land grant predates the creation of the state of California, and preempts the California Constitution.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->The \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_24380282/vinod-khosla-wins-key-martins-beach-battle\">Mercury News\u003c/a> explained the ruling:\u003c/p>\n\u003cblockquote>\u003cp>The judge's ruling skirts the fundamental conflict between the rights of private property owners and the rights of Californians to access the shoreline. Instead, Buchwald rooted his decision in the land's history during the mid-19th century. Since there was no public easement attached to the property at the time the United States acquired California from Mexico, the judge reasoned, the question of whether the California Constitution now guarantees access to the beach is immaterial.\u003c/p>\n\u003cp>The original owner of the property was Jose Maria Alviso, who received a provisional land grant from the Mexican government in the late 1830s. He later transferred the property to his brother, Jose Antonio Alviso, whose rights to the property were upheld under the 1848 Treaty of Guadalupe Hidalgo, which settled the Mexican-American War. The U.S. government challenged Alviso's land patent, but the Supreme Court confirmed Alviso's ownership in 1859.\u003c/p>\n\u003cp>All that complicated history led Buchwald to a basic conclusion: The nation's high court exempted this property from the full reach of California law.\u003c/p>\u003c/blockquote>\n\u003cp>The Friends plan to appeal. Another lawsuit against Khosla is headed for trial next spring: The Malibu-based nonprofit \u003ca href=\"http://www.surfrider.org/jims-blog/entry/vinod-khosla-beaches-belong-to-the-public-they-are-not-for-sale2\">Surfrider Foundation\u003c/a> contends that locking the gate to the road off Highway 1 constituted development under California coastal law, for which Khosla needed a California Coastal Commission permit. The foundation, together with surf publication \u003ca href=\"http://www.theinertia.com/\">The Inertia\u003c/a>, made a short film about Martins Beach, below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Local Nonprofits on List of Organizations Hit by Theft, Fraud",
"title": "Local Nonprofits on List of Organizations Hit by Theft, Fraud",
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"content": "\u003cfigure id=\"attachment_116232\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/28/116200/nonprofits-theft-embezzlement-significant-diversion-of-assets/4670240255_7bbd3d583e_z/\" rel=\"attachment wp-att-116232\">\u003cimg class=\"size-full wp-image-116232\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/4670240255_7bbd3d583e_z.jpg\" alt=\"Fort Mason Center in San Francisco (Simon Collison / Flickr)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fort Mason Center in San Francisco. In 2009, according to its federal Form 990 filing, the center “discovered that a long-time employee had diverted funds from the organization over a period of years for his personal use, in the amount of $677,596.\" (Simon Collison / Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Correction:\u003c/strong> At the end of the original post, we ran the Washington Post's list of local nonprofits reporting misappropriation of funds to the IRS. The Northern California Chapter of the U.S. Green Building Council appeared on the list. The group says it had no misappropriation of funds, and it did not report a misappropriation of funds. It reported the theft of some checks, but it says no money was lost. Its name has been removed from our list below.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> An Oct. 26 investigation in the \u003ca href=\"http://www.washingtonpost.com/investigations/inside-the-hidden-world-of-thefts-scams-and-phantom-purchases-at-the-nations-nonprofits/2013/10/26/825a82ca-0c26-11e3-9941-6711ed662e71_story.html://\">Washington Post\u003c/a> on theft, fraud and embezzlement at nonprofits revealed huge losses by big and small nonprofits alike, across a range of services and missions. It also turned up nearly 50 local nonprofits that reported misappropriated funds, including Marin General Hospital, the Tides Foundation, Fort Mason Center and San Francisco Ballet. (See full list below.)\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>The diversions drained hundreds of millions of dollars from institutions that are underwritten by public donations and government funds.\u003c/strong>\u003c/aside>\n\u003cp>Since 2008, nonprofits have been required to report on federal Form 990 a \"significant diversion\" of assets totaling more than $250,000. The Post identified more than 1,000 nonprofits that reported diversions from 2008-2012, and while some involve legal exchanges, most are due to theft or embezzlement. Nonprofits are told to explain what happened on the form, but according to the Post, many provided few or no details, and many of these diversions have not been reported by the news media.\u003c/p>\n\u003cp>The amount of money involved is enormous. Said the Post:\u003c/p>\n\u003cblockquote>\u003cp>The diversions drained hundreds of millions of dollars from institutions that are underwritten by public donations and government funds. Just 10 of the largest disclosures identified by The Post cited combined losses to nonprofit groups and their affiliates that potentially totaled more than a half-billion dollars.\u003c/p>\u003c/blockquote>\n\u003cp>The Tides Foundation, which makes grants to nonprofits working toward social change in the U.S. and abroad, explained what happened in March 2008 in its filing:\u003c/p>\n\u003cblockquote>\u003cp>... Tides Foundation discovered that a long-time employee had diverted funds from Tides for personal use – approximately $45,000 per year for three years. This was accomplished through falsified documentation including falsified e-mails, invoices and progress reports from non-existent projects.\u003c!--more-->\u003c/p>\u003c/blockquote>\n\u003cp>Marin General Hospital described in its filing how it fell victim in 2010:\u003c/p>\n\u003cblockquote>\u003cp>... the Board of Directors of Marin General Hospital determined that the prior member of the organization, through its representatives, violated its fiduciary duty to Marin General Hospital by using its position of control to inappropriately divert assets totaling in excess of $100 million to its own accounts without the formal consent of the organization and without adequate consideration.\u003c/p>\u003c/blockquote>\n\u003cp>Joe Stephens, co-author of the Post story, was interviewed on \u003ca href=\"http://www.pbs.org/newshour/bb/nation/july-dec13/stephens_10-27.html\">\"PBS News Hour\"\u003c/a> and talked about the Post's \u003ca href=\"http://www.washingtonpost.com/wp-srv/special/local/nonprofit-diversions-database/\">database of nonprofits that reported diversions\u003c/a>. He said that just because a nonprofit has been victimized \"doesn’t mean it’s a bad organization or they did anything wrong. But the experts say this should be a sign to donors, to supporters, to volunteers, if you see this on the form, go your group and say what happened, give us details and what have you done to make sure there is not a reoccurrence?\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.bizjournals.com/sanfrancisco/blog/2013/10/bay-area-nonprofits-theft-embezzlement.html?page=all\">San Francisco Business Times\u003c/a> went through the Post's database and published this list of Bay Area nonprofits that reported misappropriated funds since 2008:\u003c/p>\n\u003cul>\n\u003cli>Fort Mason Center, San Francisco\u003c/li>\n\u003cli>Equal Access International, San Francisco\u003c/li>\n\u003cli>W Haywood Burns Institute, San Francisco\u003c/li>\n\u003cli>Acro-Sports Gymnastics and Sports Acrobatics Center, San Francisco\u003c/li>\n\u003cli>Plan of Action for Challenging Times, San Francisco\u003c/li>\n\u003cli>Youth Tennis Advantage, San Francisco\u003c/li>\n\u003cli>BlueEnergy, San Francisco\u003c/li>\n\u003cli>Psychoanalytic Institute of Northern California, San Francisco\u003c/li>\n\u003cli>Tides Foundation, San Francisco\u003c/li>\n\u003cli>San Francisco Ballet Association, San Francisco\u003c/li>\n\u003cli>Equal Access International, San Francisco\u003c/li>\n\u003cli>Chinese American Citizens Alliance, San Francisco\u003c/li>\n\u003cli>The North Beach Chamber of Commerce, San Francisco\u003c/li>\n\u003cli>American Musical Theater, San Jose\u003c/li>\n\u003cli>National Popular Vote, Lafayette\u003c/li>\n\u003cli>Positive Coaching Alliance, Mountain View\u003c/li>\n\u003cli>Great Valley Academy, Modesto\u003c/li>\n\u003cli>Laborers International Union of North America, Pleasanton\u003c/li>\n\u003cli>Housing for Independent People, Milpitas\u003c/li>\n\u003cli>Stride Center, Oakland\u003c/li>\n\u003cli>Deaf Counseling Advocacy & Referral Agency, San Leandro\u003c/li>\n\u003cli>Seacology, Berkeley\u003c/li>\n\u003cli>Pacific Boychoir Academy, Oakland\u003c/li>\n\u003cli>San Ramon Soccer Club, San Ramon\u003c/li>\n\u003cli>Asian Pacific Environmental Network, Oakland\u003c/li>\n\u003cli>Helios New School, Palo Alto\u003c/li>\n\u003cli>Discovery Counseling Center of the San Ramon Valley Inc., San Ramon\u003c/li>\n\u003cli>Common Counsel Foundation, Oakland\u003c/li>\n\u003cli>Partners for Adoption, Walnut Creek\u003c/li>\n\u003cli>Carr Educational Foundation, San Rafael\u003c/li>\n\u003cli>Richmond Art Center, Richmond\u003c/li>\n\u003cli>Peninsula Symphony of Northern California, Los Altos\u003c/li>\n\u003cli>Machine Intelligence Research Institute, Berkeley\u003c/li>\n\u003cli>Greenmeadow Community Association Inc., Palo Alto\u003c/li>\n\u003cli>University of Sciences and Technology of China Alumni Foundation, San Jose\u003c/li>\n\u003cli>Small World Christian School, Modesto\u003c/li>\n\u003cli>Alameda Education Foundation, Alameda\u003c/li>\n\u003cli>American Association of Russian Business Professionals AMBAR Inc, Palo Alto\u003c/li>\n\u003cli>SEIU UHW Local, Oakland\u003c/li>\n\u003cli>Amalgamated Transit Union, Fresno\u003c/li>\n\u003cli>Concerned Neighbors Against Illegal Billboards, San Rafael\u003c/li>\n\u003cli>Golden State Warriors Foundation, Oakland\u003c/li>\n\u003cli>California Congress of Parents Teachers & Students, Mill Valley\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_116232\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/28/116200/nonprofits-theft-embezzlement-significant-diversion-of-assets/4670240255_7bbd3d583e_z/\" rel=\"attachment wp-att-116232\">\u003cimg class=\"size-full wp-image-116232\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/4670240255_7bbd3d583e_z.jpg\" alt=\"Fort Mason Center in San Francisco (Simon Collison / Flickr)\" width=\"640\" height=\"480\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fort Mason Center in San Francisco. In 2009, according to its federal Form 990 filing, the center “discovered that a long-time employee had diverted funds from the organization over a period of years for his personal use, in the amount of $677,596.\" (Simon Collison / Flickr)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Correction:\u003c/strong> At the end of the original post, we ran the Washington Post's list of local nonprofits reporting misappropriation of funds to the IRS. The Northern California Chapter of the U.S. Green Building Council appeared on the list. The group says it had no misappropriation of funds, and it did not report a misappropriation of funds. It reported the theft of some checks, but it says no money was lost. Its name has been removed from our list below.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> An Oct. 26 investigation in the \u003ca href=\"http://www.washingtonpost.com/investigations/inside-the-hidden-world-of-thefts-scams-and-phantom-purchases-at-the-nations-nonprofits/2013/10/26/825a82ca-0c26-11e3-9941-6711ed662e71_story.html://\">Washington Post\u003c/a> on theft, fraud and embezzlement at nonprofits revealed huge losses by big and small nonprofits alike, across a range of services and missions. It also turned up nearly 50 local nonprofits that reported misappropriated funds, including Marin General Hospital, the Tides Foundation, Fort Mason Center and San Francisco Ballet. (See full list below.)\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>The diversions drained hundreds of millions of dollars from institutions that are underwritten by public donations and government funds.\u003c/strong>\u003c/aside>\n\u003cp>Since 2008, nonprofits have been required to report on federal Form 990 a \"significant diversion\" of assets totaling more than $250,000. The Post identified more than 1,000 nonprofits that reported diversions from 2008-2012, and while some involve legal exchanges, most are due to theft or embezzlement. Nonprofits are told to explain what happened on the form, but according to the Post, many provided few or no details, and many of these diversions have not been reported by the news media.\u003c/p>\n\u003cp>The amount of money involved is enormous. Said the Post:\u003c/p>\n\u003cblockquote>\u003cp>The diversions drained hundreds of millions of dollars from institutions that are underwritten by public donations and government funds. Just 10 of the largest disclosures identified by The Post cited combined losses to nonprofit groups and their affiliates that potentially totaled more than a half-billion dollars.\u003c/p>\u003c/blockquote>\n\u003cp>The Tides Foundation, which makes grants to nonprofits working toward social change in the U.S. and abroad, explained what happened in March 2008 in its filing:\u003c/p>\n\u003cblockquote>\u003cp>... Tides Foundation discovered that a long-time employee had diverted funds from Tides for personal use – approximately $45,000 per year for three years. This was accomplished through falsified documentation including falsified e-mails, invoices and progress reports from non-existent projects.\u003c!--more-->\u003c/p>\u003c/blockquote>\n\u003cp>Marin General Hospital described in its filing how it fell victim in 2010:\u003c/p>\n\u003cblockquote>\u003cp>... the Board of Directors of Marin General Hospital determined that the prior member of the organization, through its representatives, violated its fiduciary duty to Marin General Hospital by using its position of control to inappropriately divert assets totaling in excess of $100 million to its own accounts without the formal consent of the organization and without adequate consideration.\u003c/p>\u003c/blockquote>\n\u003cp>Joe Stephens, co-author of the Post story, was interviewed on \u003ca href=\"http://www.pbs.org/newshour/bb/nation/july-dec13/stephens_10-27.html\">\"PBS News Hour\"\u003c/a> and talked about the Post's \u003ca href=\"http://www.washingtonpost.com/wp-srv/special/local/nonprofit-diversions-database/\">database of nonprofits that reported diversions\u003c/a>. He said that just because a nonprofit has been victimized \"doesn’t mean it’s a bad organization or they did anything wrong. But the experts say this should be a sign to donors, to supporters, to volunteers, if you see this on the form, go your group and say what happened, give us details and what have you done to make sure there is not a reoccurrence?\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.bizjournals.com/sanfrancisco/blog/2013/10/bay-area-nonprofits-theft-embezzlement.html?page=all\">San Francisco Business Times\u003c/a> went through the Post's database and published this list of Bay Area nonprofits that reported misappropriated funds since 2008:\u003c/p>\n\u003cul>\n\u003cli>Fort Mason Center, San Francisco\u003c/li>\n\u003cli>Equal Access International, San Francisco\u003c/li>\n\u003cli>W Haywood Burns Institute, San Francisco\u003c/li>\n\u003cli>Acro-Sports Gymnastics and Sports Acrobatics Center, San Francisco\u003c/li>\n\u003cli>Plan of Action for Challenging Times, San Francisco\u003c/li>\n\u003cli>Youth Tennis Advantage, San Francisco\u003c/li>\n\u003cli>BlueEnergy, San Francisco\u003c/li>\n\u003cli>Psychoanalytic Institute of Northern California, San Francisco\u003c/li>\n\u003cli>Tides Foundation, San Francisco\u003c/li>\n\u003cli>San Francisco Ballet Association, San Francisco\u003c/li>\n\u003cli>Equal Access International, San Francisco\u003c/li>\n\u003cli>Chinese American Citizens Alliance, San Francisco\u003c/li>\n\u003cli>The North Beach Chamber of Commerce, San Francisco\u003c/li>\n\u003cli>American Musical Theater, San Jose\u003c/li>\n\u003cli>National Popular Vote, Lafayette\u003c/li>\n\u003cli>Positive Coaching Alliance, Mountain View\u003c/li>\n\u003cli>Great Valley Academy, Modesto\u003c/li>\n\u003cli>Laborers International Union of North America, Pleasanton\u003c/li>\n\u003cli>Housing for Independent People, Milpitas\u003c/li>\n\u003cli>Stride Center, Oakland\u003c/li>\n\u003cli>Deaf Counseling Advocacy & Referral Agency, San Leandro\u003c/li>\n\u003cli>Seacology, Berkeley\u003c/li>\n\u003cli>Pacific Boychoir Academy, Oakland\u003c/li>\n\u003cli>San Ramon Soccer Club, San Ramon\u003c/li>\n\u003cli>Asian Pacific Environmental Network, Oakland\u003c/li>\n\u003cli>Helios New School, Palo Alto\u003c/li>\n\u003cli>Discovery Counseling Center of the San Ramon Valley Inc., San Ramon\u003c/li>\n\u003cli>Common Counsel Foundation, Oakland\u003c/li>\n\u003cli>Partners for Adoption, Walnut Creek\u003c/li>\n\u003cli>Carr Educational Foundation, San Rafael\u003c/li>\n\u003cli>Richmond Art Center, Richmond\u003c/li>\n\u003cli>Peninsula Symphony of Northern California, Los Altos\u003c/li>\n\u003cli>Machine Intelligence Research Institute, Berkeley\u003c/li>\n\u003cli>Greenmeadow Community Association Inc., Palo Alto\u003c/li>\n\u003cli>University of Sciences and Technology of China Alumni Foundation, San Jose\u003c/li>\n\u003cli>Small World Christian School, Modesto\u003c/li>\n\u003cli>Alameda Education Foundation, Alameda\u003c/li>\n\u003cli>American Association of Russian Business Professionals AMBAR Inc, Palo Alto\u003c/li>\n\u003cli>SEIU UHW Local, Oakland\u003c/li>\n\u003cli>Amalgamated Transit Union, Fresno\u003c/li>\n\u003cli>Concerned Neighbors Against Illegal Billboards, San Rafael\u003c/li>\n\u003cli>Golden State Warriors Foundation, Oakland\u003c/li>\n\u003cli>California Congress of Parents Teachers & Students, Mill Valley\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "FBI to Investigate Deputy's Killing of Santa Rosa Teenager ",
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"content": "\u003cfigure id=\"attachment_115995\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/coroner-deputies-shot-santa-rosa-teenager-seven-times/andylopez-2/\" rel=\"attachment wp-att-115995\">\u003cimg class=\"size-full wp-image-115995\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/andylopez-e1382677982562.jpg\" alt=\"Andy Lopez, shot and killed by a Sonoma County sheriff's deputy earlier this week. \" width=\"640\" height=\"473\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Andy Lopez, shot and killed by a Sonoma County sheriff's deputy earlier this week.\u003c/figcaption>\u003c/figure>\n\u003cp>Also on KQED's News Fix: \u003ca href=\"http://ww2.kqed.org/news/2013/10/23/sonoma-county-deputies-kill-13-year-old-carrying-replica-rifle/\" target=\"_blank\">Hundreds Protest Police Killing of Santa Rosa Eighth Grader\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>Update, Friday 11:45 p.m.: \u003c/strong>The FBI says it's investigating Tuesday's fatal shooting of 13-year-old Andy Lopez by a Sonoma County sheriff's deputy. Sheriff Steve Freitas announced the FBI's entry into the case in \u003ca href=\"https://local.nixle.com/alert/5082446/\" target=\"_blank\">a brief press release\u003c/a> Friday evening. The Santa Rosa Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131025/articles/131029673\" target=\"_blank\">reports this statement\u003c/a> from the FBI in San Francisco:\u003c/p>\n\u003cblockquote>\u003cp>A spokesman in the FBI’s San Francisco office called the agency’s inquiry a “shooting review,” looking into the “incident itself (and) the deputies’ response.”\u003c/p>\n\u003cp>“We’re going to look into the facts of that,” said Peter Lee, a public affairs specialist with the bureau. “It’s a civil rights-type of case.”\u003c/p>\u003c/blockquote>\n\u003cp>Among the prominent issues in the case is a timeline released Thursday by Santa Rosa police, who are also investigating the shooting. That account shows that only 10 seconds passed between the time two deputies first reported spotting Lopez, who was carrying a replica assault rifle that was actually a pellet or BB gun, and the time they reported shots fired. The deputies had pulled up behind Lopez and, according to police and sheriff's accounts, and in that 10 seconds, they called for backup, took cover behind their open car doors, and warned Lopez twice to put down his gun. Police say one of the deputies, a 24-year veteran of the department, opened fire when the teen turned around. The deputy fired eight shots with his service weapon, hitting the eighth grader seven times. The second deputy did not open fire. \u003c/p>\n\u003cp>Lopez died at the scene of the shooting.\u003c/p>\n\u003cp>Lopez's death prompted yet another protest in Santa Rosa on Friday, with hundreds of students marching to the sheriff's office and other locations.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Santa Rosa Police Department issued a statement Thursday on coroner's findings in the fatal shooting earlier this week of 13-year-old Andy Lopez by a Sonoma County sheriff's deputy. Police say eight shots were fired in the encounter and an autopsy found Thursday the boy had been hit seven times. The statement also includes a timeline that indicates only 10 seconds passed between the time dispatchers recorded a \"suspicious person\" report from deputies — who had spotted Lopez carrying what turned out to be a BB gun that resembled an assault rifle — and the moment one of the officers opened fire.\u003c/p>\n\u003cp>The killing has provoked anger in Santa Rosa, and for the second night in a row hundreds of people marched to protest the shooting Thursday evening.\u003c/p>\n\u003cp>The Santa Rosa Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131024/articles/131029764\" target=\"_blank\">reports\u003c/a> the deputy who killed Lopez is a veteran officer:\u003c/p>\n\u003cblockquote>\u003cp>The deputy ... is a 24-year veteran of the force, Assistant Sheriff Lorenzo Dueñas said Thursday.\u003c/p>\n\u003cp>His partner, who did not fire his weapon, was a new hire to the Sheriff's Office with 11 years of experience in law enforcement and was in a period of training, Dueñas said.\u003c/p>\n\u003cp>Dueñas declined to release the deputies' names and said they were investigating a series of threats made to the deputies' lives.\u003c/p>\u003c/blockquote>\n\u003cp>The Police Department gave this account of the preliminary autopsy findings:\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>On Thursday, October 24, 2013, the Sonoma County Coroner’s Office conducted an autopsy of Andy Lopez Cruz. The autopsy was performed by Dr. Arthur Josselson with the Forensic Medical Group. The examination was attended by investigators\u003cbr>\nfrom the Santa Rosa Police Department and the Sonoma County District Attorney’s Office. Final autopsy results will not be available for several weeks. The following preliminary information can be released.\u003c/p>\n\u003cp>There were seven apparent entry wounds discovered in the body. Two of the wounds were determined to be fatal wounds. One of the bullets that resulted in a fatal wound entered the right side of his chest. The second fatal wound was caused by a bullet entering the right hip. There were non-fatal wounds on his right wrist, left bicep, right forearm, right buttocks and right hip. Three bullets were recovered in the body.\u003c/p>\n\u003cp>Investigators believe that a total of eight rounds were fired at the scene. Four rounds were recovered at the scene and three rounds were recovered in the body.\u003c/p>\u003c/blockquote>\n\u003cp>On Wednesday, Santa Rosa police Lt. Paul Henry issued a narrative of the incident that said the deputies spotted Lopez, called for backup, then pulled up behind the boy. Both deputies then exited their vehicle while taking cover behind the car's doors. Henry's statement continues:\u003c/p>\n\u003cblockquote>\u003cp>One of the deputies shouted at the subject to, “put the gun down.” A witness in the area reported that he heard the deputy shout two times to “put the gun down.” Initially, the subject’s back was toward the deputies. When the deputy shouted at the subject, the subject began to turn toward the deputies. One of the deputies described that as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his direction.\u003c/p>\u003c/blockquote>\n\u003cp>That deputy said that he feared Lopez was about to begin shooting, so he fired \"several rounds,\" causing Lopez to fall to the ground. The police account emphasized the similarity between the replica rifle Lopez carried, which lacked a bright-orange barrel tip common on toy weapons, and a real AK-47.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The Santa Rosa police timeline of the incident suggests the deadly episode evolved very rapidly: After the deputies spotted Lopez, dispatchers \"created an incident of a suspicious person\" at 3:14:15 p.m. — that is, 15 seconds after 3:14 p.m. The deputies issued a call for backup four seconds later, at 3:14:19 p.m. They reported \"shots fired\" just six seconds after that, at 3:14:25 p.m., and emergency medical attention was called after another 16 seconds, at 3:14:41 p.m. Here's the verbatim account from the Santa Rosa police:\u003c/p>\n\u003cul>\n\u003cli>1514:15 hrs – Sonoma County Sheriff’s Dispatch created an incident of a suspicious person in the area of Moorland Ave. and West Robles Ave.\u003c/li>\n\u003cli>1514:19 hrs – The Deputies call for emergency assistance from other Deputies in the area\u003c/li>\n\u003cli>1514:25 hrs – The Deputies notify dispatch that shots have been fired\u003c/li>\n\u003cli>1514:41 hrs – Emergency medical advised to respond to the scene\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_115995\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/24/coroner-deputies-shot-santa-rosa-teenager-seven-times/andylopez-2/\" rel=\"attachment wp-att-115995\">\u003cimg class=\"size-full wp-image-115995\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/andylopez-e1382677982562.jpg\" alt=\"Andy Lopez, shot and killed by a Sonoma County sheriff's deputy earlier this week. \" width=\"640\" height=\"473\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Andy Lopez, shot and killed by a Sonoma County sheriff's deputy earlier this week.\u003c/figcaption>\u003c/figure>\n\u003cp>Also on KQED's News Fix: \u003ca href=\"http://ww2.kqed.org/news/2013/10/23/sonoma-county-deputies-kill-13-year-old-carrying-replica-rifle/\" target=\"_blank\">Hundreds Protest Police Killing of Santa Rosa Eighth Grader\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>Update, Friday 11:45 p.m.: \u003c/strong>The FBI says it's investigating Tuesday's fatal shooting of 13-year-old Andy Lopez by a Sonoma County sheriff's deputy. Sheriff Steve Freitas announced the FBI's entry into the case in \u003ca href=\"https://local.nixle.com/alert/5082446/\" target=\"_blank\">a brief press release\u003c/a> Friday evening. The Santa Rosa Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131025/articles/131029673\" target=\"_blank\">reports this statement\u003c/a> from the FBI in San Francisco:\u003c/p>\n\u003cblockquote>\u003cp>A spokesman in the FBI’s San Francisco office called the agency’s inquiry a “shooting review,” looking into the “incident itself (and) the deputies’ response.”\u003c/p>\n\u003cp>“We’re going to look into the facts of that,” said Peter Lee, a public affairs specialist with the bureau. “It’s a civil rights-type of case.”\u003c/p>\u003c/blockquote>\n\u003cp>Among the prominent issues in the case is a timeline released Thursday by Santa Rosa police, who are also investigating the shooting. That account shows that only 10 seconds passed between the time two deputies first reported spotting Lopez, who was carrying a replica assault rifle that was actually a pellet or BB gun, and the time they reported shots fired. The deputies had pulled up behind Lopez and, according to police and sheriff's accounts, and in that 10 seconds, they called for backup, took cover behind their open car doors, and warned Lopez twice to put down his gun. Police say one of the deputies, a 24-year veteran of the department, opened fire when the teen turned around. The deputy fired eight shots with his service weapon, hitting the eighth grader seven times. The second deputy did not open fire. \u003c/p>\n\u003cp>Lopez died at the scene of the shooting.\u003c/p>\n\u003cp>Lopez's death prompted yet another protest in Santa Rosa on Friday, with hundreds of students marching to the sheriff's office and other locations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Santa Rosa Police Department issued a statement Thursday on coroner's findings in the fatal shooting earlier this week of 13-year-old Andy Lopez by a Sonoma County sheriff's deputy. Police say eight shots were fired in the encounter and an autopsy found Thursday the boy had been hit seven times. The statement also includes a timeline that indicates only 10 seconds passed between the time dispatchers recorded a \"suspicious person\" report from deputies — who had spotted Lopez carrying what turned out to be a BB gun that resembled an assault rifle — and the moment one of the officers opened fire.\u003c/p>\n\u003cp>The killing has provoked anger in Santa Rosa, and for the second night in a row hundreds of people marched to protest the shooting Thursday evening.\u003c/p>\n\u003cp>The Santa Rosa Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131024/articles/131029764\" target=\"_blank\">reports\u003c/a> the deputy who killed Lopez is a veteran officer:\u003c/p>\n\u003cblockquote>\u003cp>The deputy ... is a 24-year veteran of the force, Assistant Sheriff Lorenzo Dueñas said Thursday.\u003c/p>\n\u003cp>His partner, who did not fire his weapon, was a new hire to the Sheriff's Office with 11 years of experience in law enforcement and was in a period of training, Dueñas said.\u003c/p>\n\u003cp>Dueñas declined to release the deputies' names and said they were investigating a series of threats made to the deputies' lives.\u003c/p>\u003c/blockquote>\n\u003cp>The Police Department gave this account of the preliminary autopsy findings:\u003cbr>\n\u003c!--more-->\u003c/p>\n\u003cblockquote>\u003cp>On Thursday, October 24, 2013, the Sonoma County Coroner’s Office conducted an autopsy of Andy Lopez Cruz. The autopsy was performed by Dr. Arthur Josselson with the Forensic Medical Group. The examination was attended by investigators\u003cbr>\nfrom the Santa Rosa Police Department and the Sonoma County District Attorney’s Office. Final autopsy results will not be available for several weeks. The following preliminary information can be released.\u003c/p>\n\u003cp>There were seven apparent entry wounds discovered in the body. Two of the wounds were determined to be fatal wounds. One of the bullets that resulted in a fatal wound entered the right side of his chest. The second fatal wound was caused by a bullet entering the right hip. There were non-fatal wounds on his right wrist, left bicep, right forearm, right buttocks and right hip. Three bullets were recovered in the body.\u003c/p>\n\u003cp>Investigators believe that a total of eight rounds were fired at the scene. Four rounds were recovered at the scene and three rounds were recovered in the body.\u003c/p>\u003c/blockquote>\n\u003cp>On Wednesday, Santa Rosa police Lt. Paul Henry issued a narrative of the incident that said the deputies spotted Lopez, called for backup, then pulled up behind the boy. Both deputies then exited their vehicle while taking cover behind the car's doors. Henry's statement continues:\u003c/p>\n\u003cblockquote>\u003cp>One of the deputies shouted at the subject to, “put the gun down.” A witness in the area reported that he heard the deputy shout two times to “put the gun down.” Initially, the subject’s back was toward the deputies. When the deputy shouted at the subject, the subject began to turn toward the deputies. One of the deputies described that as the subject was turning toward him the barrel of the assault rifle was rising up and turning in his direction.\u003c/p>\u003c/blockquote>\n\u003cp>That deputy said that he feared Lopez was about to begin shooting, so he fired \"several rounds,\" causing Lopez to fall to the ground. The police account emphasized the similarity between the replica rifle Lopez carried, which lacked a bright-orange barrel tip common on toy weapons, and a real AK-47.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Santa Rosa police timeline of the incident suggests the deadly episode evolved very rapidly: After the deputies spotted Lopez, dispatchers \"created an incident of a suspicious person\" at 3:14:15 p.m. — that is, 15 seconds after 3:14 p.m. The deputies issued a call for backup four seconds later, at 3:14:19 p.m. They reported \"shots fired\" just six seconds after that, at 3:14:25 p.m., and emergency medical attention was called after another 16 seconds, at 3:14:41 p.m. Here's the verbatim account from the Santa Rosa police:\u003c/p>\n\u003cul>\n\u003cli>1514:15 hrs – Sonoma County Sheriff’s Dispatch created an incident of a suspicious person in the area of Moorland Ave. and West Robles Ave.\u003c/li>\n\u003cli>1514:19 hrs – The Deputies call for emergency assistance from other Deputies in the area\u003c/li>\n\u003cli>1514:25 hrs – The Deputies notify dispatch that shots have been fired\u003c/li>\n\u003cli>1514:41 hrs – Emergency medical advised to respond to the scene\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Hundreds Protest Police Killing of Santa Rosa Eighth-Grader",
"title": "Hundreds Protest Police Killing of Santa Rosa Eighth-Grader",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/23/sonoma-county-deputies-kill-13-year-old-carrying-replica-rifle/lopez-rifle/\" rel=\"attachment wp-att-115841\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Also on KQED's News Fix:\u003c/strong> \u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">Coroner: Deputy Shot Santa Rosa Teenager Seven Time\u003c/a>s\u003c/p>\n\u003cp>\u003cstrong>Update, 8:45 a.m. Thursday:\u003c/strong> The fatal police shooting of a 13-year-old in Santa Rosa earlier this week prompted hundreds of people to protest Wednesday night. Here's \u003ca href=\"http://www.pressdemocrat.com/article/20131023/articles/131029842\" target=\"_blank\">the Santa Rosa Press Democrat account\u003c/a>: \u003c/p>\n\u003cblockquote>\u003cp>A Sonoma County sheriff's deputy's fatal shooting of a Santa Rosa eighth-grader Tuesday sent several hundred people to streets Wednesday night to mourn and demand answers as to how deputies mistook a BB gun for an AK-47-style assault rifle.\u003c/p>\n\u003cp>A march of families and neighbors moved down Corby and Moorland avenues toward the site where 13-year-old Andy Lopez was shot and killed, chanting “We need justice” as passing cars honked.\u003c/p>\n\u003cp>“We don't know the reason why they killed him; they should know if a gun is real,” said one marcher, Katia Ontiveros, 18, who said Lopez was her brother's friend.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update, 5:30 p.m. Wednesday:\u003c/strong> At a press conference at Santa Rosa's Finley Community Center this afternoon, new details were released about the Tuesday shooting of 13-year-old Andy Lopez by Sonoma County sheriff's deputies.\u003c/p>\n\u003cp>Lt. Paul Henry of the Santa Rosa Police Department, which is handling the investigation, displayed the \"toy\" or \"replica\" gun Andy was holding alongside a real AK-47 assault rifle. According to Bay City News, Henry said \"Andy's gun had a thinner barrel that was 6 to 8 inches shorter than the real rifle and was colored differently but was missing the orange plastic tip that typical differentiates a fake gun from a real one.\"\u003c/p>\n\u003cp>The Press Democrat describes the toy and real weapons as being \"remarkably similar,\" but adds:\u003c/p>\n\u003cblockquote>\u003cp>... In the light of the Finley Center the model Lopez carried was clearly plastic with a transparent center section. The BB gun also had a shorter barrel. Henry noted that the orange or red tip often found on toy guns appeared to be missing from the model Lopez carried.\u003c/p>\u003c/blockquote>\n\u003cp>The BCN report continues:\u003c/p>\n\u003cblockquote>\u003cp>After spotting Andy and stopping their marked patrol car with the top rotating lights activated about 20 to 30 feet from him, the deputies called for backup, sheltered behind the open car door and ordered Andy to \"put the gun down,\" Henry said.\u003c/p>\n\u003cp>Andy, wearing a blue hooded sweatshirt and shorts, was walking with his back to the two deputies. After they yelled the order, he started turning around and as he did one of the deputies said he saw the barrel of the gun rising and turning toward him, according to Henry.\u003c/p>\n\u003cp>The deputy, fearing for his safety and knowing that style of gun could penetrate body armor, the metal exterior of the patrol car and the walls of the houses nearby, fired several rounds at Andy, striking him at least once, Henry said.\u003c/p>\n\u003cp>Andy immediately fell to the ground. The deputies approached him and handcuffed him and realized he was unresponsive.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post:\u003c/strong>\u003cbr>\nLaw-enforcement agencies are investigating a Tuesday afternoon shooting on the outskirts of Santa Rosa in which two Sonoma County sheriff's deputies shot and killed an eighth-grader carrying what's being described as a \"toy\" or \"replica\" version of an AK-47 assault rifle.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The \u003ca href=\"http://www.pressdemocrat.com/article/20131022/articles/131029886?title=Deputies-shoot,-kill-13-year-old-boy-in-Santa-Rosa?title=Deputies-shoot,-kill-toy-gun-toting-Santa-Rosa-boy,-13-\" target=\"_blank\">Santa Rosa Press Democrat reports\u003c/a> deputies spotted 13-year-old Andy Lopez carrying the object in a neighborhood on the southern edge of the city at 3 p.m. Tuesday According to a statement from the Sheriff's Department, here's what happened next:\u003c/p>\n\u003cblockquote>\u003cp>\u003c!--more-->[The deputies] immediately called for an emergency response from other deputies and officers that were in the area. The two deputies repeatedly ordered the subject to drop the rifle and at some point immediately thereafter, the deputies fired several rounds from their handguns at the subject striking him several times. The subject fell to the ground and landed on top of the rifle he was carrying.\u003c/p>\n\u003cp>After several commands ordering the subject to move away from the rifle deputies approached and placed him in handcuffs. At this point the subject was unresponsive. After securing the rifle the deputies began administering first aid and requested emergency medical aid from fire and ambulance. The subject was pronounced deceased at the scene by the responding paramedics. ...\u003c/p>\n\u003cp>... Once the scene was secured deputies learned that the rifle was a replica of an assault weapon. When the deputies searched the subject they also found a plastic hand gun in his waistband.\u003c/p>\u003c/blockquote>\n\u003cp>Lopez was pronounced dead at the scene of the shooting.\u003c/p>\n\u003cp>Among the questions not answered by the sheriff's account so far is how much time elapsed between the time deputies ordered the teen-ager to drop the object or how the teen responded to the order.\u003c/p>\n\u003cp>The Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131023/articles/131029862?title=Shooting-death-rocks-Santa-Rosa-school\" target=\"_blank\">also reports\u003c/a> that Lopez had attended Cook Middle School until earlier this week. Administrators there informed teachers and students of his death:\u003c/p>\n\u003cblockquote>\u003cp>“We're having a tough day,” said Assistant Principal Linsey Gannon. “Our community has been rocked by this tragedy.”\u003c/p>\n\u003cp>Lopez had gone to Cook for seventh grade and up until Friday was an eighth grader at the Sebastopol Road school.\u003c/p>\n\u003cp>At Cook he was well known and well liked, said Gannon. She said he also played trumpet in the school band.\u003c/p>\n\u003cp>“He was a very popular student, very smart, very capable,” Gannon said.\u003c/p>\u003c/blockquote>\n\u003cp>Sonoma County Sheriff Steve Freitas \u003ca href=\"https://local.nixle.com/alert/5081077/\" target=\"_blank\">issued a statement\u003c/a> on the shooting Wednesday that reads in part:\u003c/p>\n\u003cblockquote>\u003cp>As a father of two boys about this age, I can't begin to imagine the grief this family is going through. This is a tragedy on many levels…for the terrible loss of Andy Lopez, his family, the family's loved ones, friends, our community, and the members of the Sheriff's Office. ...\u003c/p>\n\u003cp>The public expects that the investigation will be thorough and transparent. As Sheriff, I will do all in my power to see that expectation is satisfied.\u003c/p>\n\u003cp>My hope is that we can work with the community to help prevent a similar tragedy from happening in the future.\u003c/p>\u003c/blockquote>\n\u003cp>The Sheriff's Department says that, following normal protocol after a deputy-involved shooting, Santa Rosa and Petaluma police and the Sonoma County District Attorney's Office are all investigating the incident. The unidentified officers who killed Lopez have been placed on administrative leave — also routine procedure after a shooting.\u003c/p>\n\u003cp>Tuesday's incident was the third fatal officer-involved shooting in Sonoma County this year. It was also one of three fatal police shootings in the Bay Area in 24 hours. The two other incidents:\u003c/p>\n\u003cul>\n\u003cli>The \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_24362036/san-bruno-police-fatally-shoot-stolen-car-suspect\" target=\"_blank\">San Jose Mercury News reports\u003c/a> that San Bruno police killed an auto-theft suspect, Ryan Salonga, 25, of San Francisco. Police say Salonga drove toward an officer early Tuesday morning while trying to get out of a dead-end street. They say the officer opened fire because he feared for his life.\u003c/li>\n\u003cli>On Monday night, \u003ca href=\"http://www.sfgate.com/crime/article/Union-City-police-shoot-and-kill-suspect-4916133.php\" target=\"_blank\">the Chronicle reports\u003c/a>, a Union City police officer killed a man who allegedly threatened him with a pipe.\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>There are many questions surrounding this tragic event. To find out more, KQED's Mina Kim spoke with Peter Keane, Dean Emeritus at Golden Gate University Law School.\u003c/p>\n\u003cdiv>\n\u003cdiv class=\"embedly\">\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F116775343&show_artwork=true&maxwidth=900\" frameborder=\"no\" scrolling=\"no\" width=\"640\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float: right\">\u003ca title=\"Powered by Embedly\" href=\"http://embed.ly?src=anywhere\" target=\"_blank\">\u003cimg src=\"http://static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">\u003cspan>via \u003c/span>\u003ca class=\"media-attribution-link\" href=\"http://soundcloud.com\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_115841\" class=\"wp-caption alignright\" style=\"max-width: 240px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/23/sonoma-county-deputies-kill-13-year-old-carrying-replica-rifle/lopez-rifle/\" rel=\"attachment wp-att-115841\">\u003cimg class=\"size-full wp-image-115841\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lopez-rifle-e1382549371664.jpeg\" alt=\"The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies. \" width=\"240\" height=\"180\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Sonoma County Sheriff's Department released this photo of a replica assault rifle they say a 13-year-old boy was carrying when shot and killed by deputies.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Also on KQED's News Fix:\u003c/strong> \u003ca href=\"http://ww2.kqed.org/news/2013/10/24/sonoma-county-deputy-shot-santa-rosa-teenager-seven-times/\" target=\"_blank\">Coroner: Deputy Shot Santa Rosa Teenager Seven Time\u003c/a>s\u003c/p>\n\u003cp>\u003cstrong>Update, 8:45 a.m. Thursday:\u003c/strong> The fatal police shooting of a 13-year-old in Santa Rosa earlier this week prompted hundreds of people to protest Wednesday night. Here's \u003ca href=\"http://www.pressdemocrat.com/article/20131023/articles/131029842\" target=\"_blank\">the Santa Rosa Press Democrat account\u003c/a>: \u003c/p>\n\u003cblockquote>\u003cp>A Sonoma County sheriff's deputy's fatal shooting of a Santa Rosa eighth-grader Tuesday sent several hundred people to streets Wednesday night to mourn and demand answers as to how deputies mistook a BB gun for an AK-47-style assault rifle.\u003c/p>\n\u003cp>A march of families and neighbors moved down Corby and Moorland avenues toward the site where 13-year-old Andy Lopez was shot and killed, chanting “We need justice” as passing cars honked.\u003c/p>\n\u003cp>“We don't know the reason why they killed him; they should know if a gun is real,” said one marcher, Katia Ontiveros, 18, who said Lopez was her brother's friend.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Update, 5:30 p.m. Wednesday:\u003c/strong> At a press conference at Santa Rosa's Finley Community Center this afternoon, new details were released about the Tuesday shooting of 13-year-old Andy Lopez by Sonoma County sheriff's deputies.\u003c/p>\n\u003cp>Lt. Paul Henry of the Santa Rosa Police Department, which is handling the investigation, displayed the \"toy\" or \"replica\" gun Andy was holding alongside a real AK-47 assault rifle. According to Bay City News, Henry said \"Andy's gun had a thinner barrel that was 6 to 8 inches shorter than the real rifle and was colored differently but was missing the orange plastic tip that typical differentiates a fake gun from a real one.\"\u003c/p>\n\u003cp>The Press Democrat describes the toy and real weapons as being \"remarkably similar,\" but adds:\u003c/p>\n\u003cblockquote>\u003cp>... In the light of the Finley Center the model Lopez carried was clearly plastic with a transparent center section. The BB gun also had a shorter barrel. Henry noted that the orange or red tip often found on toy guns appeared to be missing from the model Lopez carried.\u003c/p>\u003c/blockquote>\n\u003cp>The BCN report continues:\u003c/p>\n\u003cblockquote>\u003cp>After spotting Andy and stopping their marked patrol car with the top rotating lights activated about 20 to 30 feet from him, the deputies called for backup, sheltered behind the open car door and ordered Andy to \"put the gun down,\" Henry said.\u003c/p>\n\u003cp>Andy, wearing a blue hooded sweatshirt and shorts, was walking with his back to the two deputies. After they yelled the order, he started turning around and as he did one of the deputies said he saw the barrel of the gun rising and turning toward him, according to Henry.\u003c/p>\n\u003cp>The deputy, fearing for his safety and knowing that style of gun could penetrate body armor, the metal exterior of the patrol car and the walls of the houses nearby, fired several rounds at Andy, striking him at least once, Henry said.\u003c/p>\n\u003cp>Andy immediately fell to the ground. The deputies approached him and handcuffed him and realized he was unresponsive.\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Original post:\u003c/strong>\u003cbr>\nLaw-enforcement agencies are investigating a Tuesday afternoon shooting on the outskirts of Santa Rosa in which two Sonoma County sheriff's deputies shot and killed an eighth-grader carrying what's being described as a \"toy\" or \"replica\" version of an AK-47 assault rifle.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.pressdemocrat.com/article/20131022/articles/131029886?title=Deputies-shoot,-kill-13-year-old-boy-in-Santa-Rosa?title=Deputies-shoot,-kill-toy-gun-toting-Santa-Rosa-boy,-13-\" target=\"_blank\">Santa Rosa Press Democrat reports\u003c/a> deputies spotted 13-year-old Andy Lopez carrying the object in a neighborhood on the southern edge of the city at 3 p.m. Tuesday According to a statement from the Sheriff's Department, here's what happened next:\u003c/p>\n\u003cblockquote>\u003cp>\u003c!--more-->[The deputies] immediately called for an emergency response from other deputies and officers that were in the area. The two deputies repeatedly ordered the subject to drop the rifle and at some point immediately thereafter, the deputies fired several rounds from their handguns at the subject striking him several times. The subject fell to the ground and landed on top of the rifle he was carrying.\u003c/p>\n\u003cp>After several commands ordering the subject to move away from the rifle deputies approached and placed him in handcuffs. At this point the subject was unresponsive. After securing the rifle the deputies began administering first aid and requested emergency medical aid from fire and ambulance. The subject was pronounced deceased at the scene by the responding paramedics. ...\u003c/p>\n\u003cp>... Once the scene was secured deputies learned that the rifle was a replica of an assault weapon. When the deputies searched the subject they also found a plastic hand gun in his waistband.\u003c/p>\u003c/blockquote>\n\u003cp>Lopez was pronounced dead at the scene of the shooting.\u003c/p>\n\u003cp>Among the questions not answered by the sheriff's account so far is how much time elapsed between the time deputies ordered the teen-ager to drop the object or how the teen responded to the order.\u003c/p>\n\u003cp>The Press Democrat \u003ca href=\"http://www.pressdemocrat.com/article/20131023/articles/131029862?title=Shooting-death-rocks-Santa-Rosa-school\" target=\"_blank\">also reports\u003c/a> that Lopez had attended Cook Middle School until earlier this week. Administrators there informed teachers and students of his death:\u003c/p>\n\u003cblockquote>\u003cp>“We're having a tough day,” said Assistant Principal Linsey Gannon. “Our community has been rocked by this tragedy.”\u003c/p>\n\u003cp>Lopez had gone to Cook for seventh grade and up until Friday was an eighth grader at the Sebastopol Road school.\u003c/p>\n\u003cp>At Cook he was well known and well liked, said Gannon. She said he also played trumpet in the school band.\u003c/p>\n\u003cp>“He was a very popular student, very smart, very capable,” Gannon said.\u003c/p>\u003c/blockquote>\n\u003cp>Sonoma County Sheriff Steve Freitas \u003ca href=\"https://local.nixle.com/alert/5081077/\" target=\"_blank\">issued a statement\u003c/a> on the shooting Wednesday that reads in part:\u003c/p>\n\u003cblockquote>\u003cp>As a father of two boys about this age, I can't begin to imagine the grief this family is going through. This is a tragedy on many levels…for the terrible loss of Andy Lopez, his family, the family's loved ones, friends, our community, and the members of the Sheriff's Office. ...\u003c/p>\n\u003cp>The public expects that the investigation will be thorough and transparent. As Sheriff, I will do all in my power to see that expectation is satisfied.\u003c/p>\n\u003cp>My hope is that we can work with the community to help prevent a similar tragedy from happening in the future.\u003c/p>\u003c/blockquote>\n\u003cp>The Sheriff's Department says that, following normal protocol after a deputy-involved shooting, Santa Rosa and Petaluma police and the Sonoma County District Attorney's Office are all investigating the incident. The unidentified officers who killed Lopez have been placed on administrative leave — also routine procedure after a shooting.\u003c/p>\n\u003cp>Tuesday's incident was the third fatal officer-involved shooting in Sonoma County this year. It was also one of three fatal police shootings in the Bay Area in 24 hours. The two other incidents:\u003c/p>\n\u003cul>\n\u003cli>The \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_24362036/san-bruno-police-fatally-shoot-stolen-car-suspect\" target=\"_blank\">San Jose Mercury News reports\u003c/a> that San Bruno police killed an auto-theft suspect, Ryan Salonga, 25, of San Francisco. Police say Salonga drove toward an officer early Tuesday morning while trying to get out of a dead-end street. They say the officer opened fire because he feared for his life.\u003c/li>\n\u003cli>On Monday night, \u003ca href=\"http://www.sfgate.com/crime/article/Union-City-police-shoot-and-kill-suspect-4916133.php\" target=\"_blank\">the Chronicle reports\u003c/a>, a Union City police officer killed a man who allegedly threatened him with a pipe.\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>There are many questions surrounding this tragic event. To find out more, KQED's Mina Kim spoke with Peter Keane, Dean Emeritus at Golden Gate University Law School.\u003c/p>\n\u003cdiv>\n\u003cdiv class=\"embedly\">\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F116775343&show_artwork=true&maxwidth=900\" frameborder=\"no\" scrolling=\"no\" width=\"640\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003cp>\u003cspan class=\"embedly-powered\" style=\"float: right\">\u003ca title=\"Powered by Embedly\" href=\"http://embed.ly?src=anywhere\" target=\"_blank\">\u003cimg src=\"http://static.embed.ly/images/logos/embedly-powered-small-light.png\" alt=\"Embedly Powered\">\u003c/a>\u003c/span>\u003c/p>\n\u003cdiv class=\"media-attribution\">\u003cspan>via \u003c/span>\u003ca class=\"media-attribution-link\" href=\"http://soundcloud.com\" target=\"_blank\">SoundCloud\u003c/a>\u003c/div>\n\u003cdiv class=\"embedly-clear\">\u003c/div>\n\u003c/div>\n\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Contra Costa Sheriff Pursues State Funding to Expand West County Jail",
"title": "Contra Costa Sheriff Pursues State Funding to Expand West County Jail",
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"content": "\u003cfigure id=\"attachment_115692\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-115692\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/West-County.jpg\" alt=\"Sheriff Livingston wants to build 240 new cells and increase services at the West County Detention Facility (Rachel Witte/Richmond Confidential)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Sheriff Livingston wants to build 240 new cells and increase services at the West County Detention Facility (Rachel Witte/Richmond Confidential)\u003c/figcaption>\u003c/figure>\n\u003cp>By Joaquin Palomino, \u003ca href=\"http://richmondconfidential.org/2013/10/18/sheriff-pursues-state-funding-to-expand-cells-and-services-at-west-county-jail/\">Richmond Confidential\u003c/a>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.co.contra-costa.ca.us/index.aspx?nid=60\">Contra Costa County Sheriff\u003c/a> is pursuing an $80 million state grant that could upgrade the \u003ca href=\"http://www.co.contra-costa.ca.us/index.aspx?NID=1928\">West County Detention Facility\u003c/a>. If awarded, Sheriff David Livingston plans to build a new wing with increased jail space and re-entry services at the 30-acre site.\u003c/p>\n\u003cp>“Ultimately it will make our neighborhoods safe, our staff safer, and hopefully will result in lower recidivism rates,” Livingston told the Board of Supervisors at a meeting last Tuesday. While Livingston got the green light to submit a proposal to the state, some supervisors are proceeding with caution.\u003c/p>\n\u003cp>The main point of contention is whether to add 240 more jail cells, which the Sheriff’s Department is pushing for. “The idea behind it is good, but the devil’s in the details,” Supervisor John Gioia said. “My impression is that we need far fewer jail cells. We should be moving towards alternatives to incarceration.”\u003c/p>\n\u003cp>Since \u003ca href=\"http://ww2.kqed.org/news/?s=prison+realignment\">prison realignment\u003c/a> — also known by its legislative name \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_109_bill_20110329_enrolled.pdf\">AB 109\u003c/a> — took effect in 2011, the federal courts have ordered the state to reduce its inmate population. Contra Costa County has assumed responsibility for thousands of low-level offenders that would have otherwise been sent to state prisons.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cimg class=\"alignright size-medium wp-image-115694\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/Richmond-Confidential-logo1-300x43.jpg\" alt=\"Richmond-Confidential-logo\" width=\"300\" height=\"43\">This has made local jails less safe and more chaotic, according to the Sheriff’s office. In the West County facility 23 assaults on inmates and staff have been reported in the past two months alone. “I worked [there] when it first opened and I can’t ever remember a staff member being assaulted,” Contra Costa Undersheriff Mike Casten told the board meeting.\u003c!--more-->\u003c/p>\n\u003cp>In June, the Sheriff tried to obtain AB 109 money to increase the holding capacity in the West County jail and to improve safety, but the plan was shelved due to widespread community resistance.\u003c/p>\n\u003cp>The Sheriff is now seeking an allotment of \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1022_bill_20120627_enrolled.pdf\">SB 1022\u003c/a> funds — money that the state has set aside for jail construction and expansion — to deal with the operational and safety concerns stemming from realignment. “It’s the greatest opportunity we’ve seen in our law enforcement careers,” Casten said.\u003c/p>\n\u003cp>If Contra Costa County receives the $80 million grant, the Sheriff wants to increase holding capacity at the West County jail. The office also plans to provide a suite of educational and vocational services at the facility, although it already offers an assortment of re-entry programs to inmates.\u003c/p>\n\u003cp>Sheriff’s officials are adamant that the new facility will not lead to a spike in the number of inmates housed in the county. Instead, the project will allow some of the more serious criminals from the Martinez jail — which only has a handful of educational and religious programs — to be transferred to West County so that they can access services. It will “allow high risk inmates with serious charges the opportunity to have the same opportunities as the lower risk, less serious offenders,” Casten stated in an email.\u003c/p>\n\u003cp>However, some activists are wary about expanding the county jail, and are pushing for more alternatives to incarceration. Many suggest reducing the number of inmates in pre-trial detention. About 85 percent of people held in Contra Costa County jails were awaiting trial in 2012, according to the ACLU.\u003c/p>\n\u003cp>“If you take those people and give them bail reduction or electronic monitoring, that would clear so many bed spaces that [the Sheriff] wouldn’t even know why he was asking for that money,” said Andres Abarra, a member of the criminal justice research group \u003ca href=\"http://www.pacinst.org/publication/safe-return-project-research-project-for-formerly-incarcerated-residents-in-richmond-calif/\">Safe Return\u003c/a>.\u003c/p>\n\u003cp>While roughly 90 percent of the $80 million expansion project would be covered by the state, Contra Costa County residents would have to foot the bill for increased staffing and upkeep at the facility, Abarra said.\u003c/p>\n\u003cp>Sheriff’s officials say that maintenance and staffing costs stemming from with the expansion would be covered by state funds — including some AB 109 money. Contra Costa County leads the state in split-sentences — where a portion of the term is served in jail and another portion on probation — and has a “robust” policy for pursuing alternatives to incarceration, such as pre-trial release and ankle monitoring, Casten said.\u003c/p>\n\u003cp>Adam Kruggel, the executive director of \u003ca href=\"https://www.facebook.com/CCISCOCA\">Contra Costa Interfaith Supporting Community Organization\u003c/a>, cautiously supports the Sheriff’s plan. “He should be applauded for his efforts to increase programming,” Kruggel said. “But it’s still not a good use of tax-payer dollars to build more beds when there are so many other alternatives.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Sheriff’s application is due October 24.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_115692\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-115692\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/West-County.jpg\" alt=\"Sheriff Livingston wants to build 240 new cells and increase services at the West County Detention Facility (Rachel Witte/Richmond Confidential)\" width=\"640\" height=\"360\">\u003cfigcaption class=\"wp-caption-text\">Sheriff Livingston wants to build 240 new cells and increase services at the West County Detention Facility (Rachel Witte/Richmond Confidential)\u003c/figcaption>\u003c/figure>\n\u003cp>By Joaquin Palomino, \u003ca href=\"http://richmondconfidential.org/2013/10/18/sheriff-pursues-state-funding-to-expand-cells-and-services-at-west-county-jail/\">Richmond Confidential\u003c/a>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.co.contra-costa.ca.us/index.aspx?nid=60\">Contra Costa County Sheriff\u003c/a> is pursuing an $80 million state grant that could upgrade the \u003ca href=\"http://www.co.contra-costa.ca.us/index.aspx?NID=1928\">West County Detention Facility\u003c/a>. If awarded, Sheriff David Livingston plans to build a new wing with increased jail space and re-entry services at the 30-acre site.\u003c/p>\n\u003cp>“Ultimately it will make our neighborhoods safe, our staff safer, and hopefully will result in lower recidivism rates,” Livingston told the Board of Supervisors at a meeting last Tuesday. While Livingston got the green light to submit a proposal to the state, some supervisors are proceeding with caution.\u003c/p>\n\u003cp>The main point of contention is whether to add 240 more jail cells, which the Sheriff’s Department is pushing for. “The idea behind it is good, but the devil’s in the details,” Supervisor John Gioia said. “My impression is that we need far fewer jail cells. We should be moving towards alternatives to incarceration.”\u003c/p>\n\u003cp>Since \u003ca href=\"http://ww2.kqed.org/news/?s=prison+realignment\">prison realignment\u003c/a> — also known by its legislative name \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_109_bill_20110329_enrolled.pdf\">AB 109\u003c/a> — took effect in 2011, the federal courts have ordered the state to reduce its inmate population. Contra Costa County has assumed responsibility for thousands of low-level offenders that would have otherwise been sent to state prisons.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"alignright size-medium wp-image-115694\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/Richmond-Confidential-logo1-300x43.jpg\" alt=\"Richmond-Confidential-logo\" width=\"300\" height=\"43\">This has made local jails less safe and more chaotic, according to the Sheriff’s office. In the West County facility 23 assaults on inmates and staff have been reported in the past two months alone. “I worked [there] when it first opened and I can’t ever remember a staff member being assaulted,” Contra Costa Undersheriff Mike Casten told the board meeting.\u003c!--more-->\u003c/p>\n\u003cp>In June, the Sheriff tried to obtain AB 109 money to increase the holding capacity in the West County jail and to improve safety, but the plan was shelved due to widespread community resistance.\u003c/p>\n\u003cp>The Sheriff is now seeking an allotment of \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1022_bill_20120627_enrolled.pdf\">SB 1022\u003c/a> funds — money that the state has set aside for jail construction and expansion — to deal with the operational and safety concerns stemming from realignment. “It’s the greatest opportunity we’ve seen in our law enforcement careers,” Casten said.\u003c/p>\n\u003cp>If Contra Costa County receives the $80 million grant, the Sheriff wants to increase holding capacity at the West County jail. The office also plans to provide a suite of educational and vocational services at the facility, although it already offers an assortment of re-entry programs to inmates.\u003c/p>\n\u003cp>Sheriff’s officials are adamant that the new facility will not lead to a spike in the number of inmates housed in the county. Instead, the project will allow some of the more serious criminals from the Martinez jail — which only has a handful of educational and religious programs — to be transferred to West County so that they can access services. It will “allow high risk inmates with serious charges the opportunity to have the same opportunities as the lower risk, less serious offenders,” Casten stated in an email.\u003c/p>\n\u003cp>However, some activists are wary about expanding the county jail, and are pushing for more alternatives to incarceration. Many suggest reducing the number of inmates in pre-trial detention. About 85 percent of people held in Contra Costa County jails were awaiting trial in 2012, according to the ACLU.\u003c/p>\n\u003cp>“If you take those people and give them bail reduction or electronic monitoring, that would clear so many bed spaces that [the Sheriff] wouldn’t even know why he was asking for that money,” said Andres Abarra, a member of the criminal justice research group \u003ca href=\"http://www.pacinst.org/publication/safe-return-project-research-project-for-formerly-incarcerated-residents-in-richmond-calif/\">Safe Return\u003c/a>.\u003c/p>\n\u003cp>While roughly 90 percent of the $80 million expansion project would be covered by the state, Contra Costa County residents would have to foot the bill for increased staffing and upkeep at the facility, Abarra said.\u003c/p>\n\u003cp>Sheriff’s officials say that maintenance and staffing costs stemming from with the expansion would be covered by state funds — including some AB 109 money. Contra Costa County leads the state in split-sentences — where a portion of the term is served in jail and another portion on probation — and has a “robust” policy for pursuing alternatives to incarceration, such as pre-trial release and ankle monitoring, Casten said.\u003c/p>\n\u003cp>Adam Kruggel, the executive director of \u003ca href=\"https://www.facebook.com/CCISCOCA\">Contra Costa Interfaith Supporting Community Organization\u003c/a>, cautiously supports the Sheriff’s plan. “He should be applauded for his efforts to increase programming,” Kruggel said. “But it’s still not a good use of tax-payer dollars to build more beds when there are so many other alternatives.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Sheriff’s application is due October 24.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_36359\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2011/08/05/lao-publishes-status-report-recommendations-on-prison-overcrowding/supreme-court-to-rule-on-californias-overcrowded-prisons-2/\" rel=\"attachment wp-att-36359\">\u003cimg class=\"size-full wp-image-36359\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794-e1382397760276.jpg\" alt=\"A gymnasium that was modified to house prisoners on December 10, 2010, at Chino State Prison — one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"431\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A gymnasium that was modified to house prisoners on December 10, 2010, at Chino State Prison — one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Don Thompson\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO (AP) Federal judges on Monday gave California an additional month to reduce its prison population, as negotiations continue over a longer-term delay.\u003c/p>\n\u003cp>The judges said in a one-paragraph order, without comment, that a court-appointed mediator needs more time to seek agreement on how the state should reduce inmate crowding.\u003c/p>\n\u003cp>The delay could signal that the judges see some progress in talks orchestrated by state Appellate Judge Peter Siggins, based on his confidential report and recommendations to the court.\u003c/p>\n\u003cp>It came a week after the \u003ca href=\"http://ww2.kqed.org/news/2013/10/15/115011/supreme-court-dismisses-prison-overcrowding-appeal\">U.S. Supreme Court refused to hear the state's appeal of a lower court's order\u003c/a> requiring California to reduce crowding to improve conditions for sick and mentally ill inmates.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>However, Michael Bien, an attorney representing inmates, said that to his knowledge there have been no meetings with Gov. Jerry Brown's administration and none were scheduled.\u003c/p>\n\u003cp>\"Justice Siggins is a very experienced mediator and we assume that he sees a reason to continue the process. Based on that, we're hopeful,'' Bien said.\u003c/p>\n\u003cp>Deborah Hoffman, a spokeswoman for the administration and state corrections department, said she could not immediately comment.\u003c/p>\n\u003cp>Brown and state lawmakers want a three-year delay to give proposed rehabilitation programs time to work. Under a new state law, the alternative is to spend $315 million this fiscal year to house thousands of inmates in private prisons and county jails.\u003c/p>\n\u003cp>If the judges grant the delay, part of the money that would have gone to lease cells would instead go to fund programs designed to keep criminals out of prisons.\u003c/p>\n\u003cp>Under the court order, the state must reduce the population of its major prisons to about 110,000 inmates by the end of February. It has taken steps to comply but still is about 4,400 inmates above the population cap set by the courts.\u003c/p>\n\u003cp>Meanwhile, a state Assembly committee on Monday had the first of a planned series of hearings on problems with the state prisons system that led to the judges' orders.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_36359\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2011/08/05/lao-publishes-status-report-recommendations-on-prison-overcrowding/supreme-court-to-rule-on-californias-overcrowded-prisons-2/\" rel=\"attachment wp-att-36359\">\u003cimg class=\"size-full wp-image-36359\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794-e1382397760276.jpg\" alt=\"A gymnasium that was modified to house prisoners on December 10, 2010, at Chino State Prison — one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"431\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A gymnasium that was modified to house prisoners on December 10, 2010, at Chino State Prison — one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Don Thompson\u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO (AP) Federal judges on Monday gave California an additional month to reduce its prison population, as negotiations continue over a longer-term delay.\u003c/p>\n\u003cp>The judges said in a one-paragraph order, without comment, that a court-appointed mediator needs more time to seek agreement on how the state should reduce inmate crowding.\u003c/p>\n\u003cp>The delay could signal that the judges see some progress in talks orchestrated by state Appellate Judge Peter Siggins, based on his confidential report and recommendations to the court.\u003c/p>\n\u003cp>It came a week after the \u003ca href=\"http://ww2.kqed.org/news/2013/10/15/115011/supreme-court-dismisses-prison-overcrowding-appeal\">U.S. Supreme Court refused to hear the state's appeal of a lower court's order\u003c/a> requiring California to reduce crowding to improve conditions for sick and mentally ill inmates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However, Michael Bien, an attorney representing inmates, said that to his knowledge there have been no meetings with Gov. Jerry Brown's administration and none were scheduled.\u003c/p>\n\u003cp>\"Justice Siggins is a very experienced mediator and we assume that he sees a reason to continue the process. Based on that, we're hopeful,'' Bien said.\u003c/p>\n\u003cp>Deborah Hoffman, a spokeswoman for the administration and state corrections department, said she could not immediately comment.\u003c/p>\n\u003cp>Brown and state lawmakers want a three-year delay to give proposed rehabilitation programs time to work. Under a new state law, the alternative is to spend $315 million this fiscal year to house thousands of inmates in private prisons and county jails.\u003c/p>\n\u003cp>If the judges grant the delay, part of the money that would have gone to lease cells would instead go to fund programs designed to keep criminals out of prisons.\u003c/p>\n\u003cp>Under the court order, the state must reduce the population of its major prisons to about 110,000 inmates by the end of February. It has taken steps to comply but still is about 4,400 inmates above the population cap set by the courts.\u003c/p>\n\u003cp>Meanwhile, a state Assembly committee on Monday had the first of a planned series of hearings on problems with the state prisons system that led to the judges' orders.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "State Supreme Court Chief Justice Decries 'Two-Tier System'",
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"content": "\u003cp>[youtube http://www.youtube.com/watch?v=LBXzWmiGZio&w=640&h=360]\u003c/p>\n\u003cp>When she was still a young law student at UC Davis, Tani Cantil-Sakauye made good tip money dealing blackjack at Harrah’s Lake Tahoe casino. By her own account, she could hit you with a card from across the room. But as \u003ca href=\"http://www.courts.ca.gov/13330.htm#ad-image-0\">Chief Justice\u003c/a> of the California Supreme Court, Cantil-Sakauye has been dealt a pretty weak hand.\u003c/p>\n\u003cp>In her interview with me this week, the Chief said severe state budget cuts had created a “two-tier system of justice” in California, where shuttered courthouses and shorter courtroom hours are “basically denying justice across the state.”\u003c/p>\n\u003cp>Those who suffer most, she said, are “low-income, middle-income businesses” trying to resolve disputes.\u003c/p>\n\u003cp>“The truth is, those who can will use other, private alternatives” to settle their differences, she added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“But those of us who need to go to the court, who don’t have those resources, find ourselves frankly getting a second system of justice.”\u003c!--more-->\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.ppic.org/main/event.asp?i=1319\">talk \u003c/a>at the Public Policy Institute earlier this year, Cantil-Sakauye complained that state budget cuts were threatening a “dismemberment of the judicial branch.” Some of those cuts have been restored in the current year budget, but the reductions are still widely felt.\u003c/p>\n\u003cp>Her predecessor, \u003ca href=\"http://en.wikipedia.org/wiki/Ronald_M._George\">Ronald George,\u003c/a> was widely praised for many things, including his acumen cultivating relationships in Sacramento, where decisions on court funding get made. George, who was appointed and elevated to Chief Justice by then-Gov. Pete Wilson, was known for a soothing, nonconfrontational style that may have played well at the state capitol.\u003c/p>\n\u003cp>Judges generally avoid discussing politics. Like journalists, they get paid to evaluate the facts of each case and set aside their personal views. So it’s no surprise that when I asked Cantil-Sakauye this week for her views about the Republican Party, her public information officers cried foul.\u003c/p>\n\u003cp>“You shouldn’t have asked her about that,” a testy Peter Allen said to me after the interview.\u003c/p>\n\u003cp>Cantil-Sakauye was first named to the Sacramento Municipal Court in 1990 by her boss, then-Gov. George Deukmejian. She was elevated on the bench by Republican Governors Pete Wilson and then Arnold Schwarzenegger, who named her Chief Justice in 2010.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> My ideals of law and order resonated with George Deukmejian’s, and I’ve remained a Republican ever since. — From a 2011 interview \u003c/aside>\n\u003cp>When I spoke to her back in \u003ca href=\"http://ww2.kqed.org/news/2011/03/29/california-supreme-court-justice-tani-cantil-sakauye-on-proposition-8/\">2011,\u003c/a> shortly after she became Chief, she said she joined the Republican Party when she was “barely 18” to get an internship with State Sen. Jim Nielsen, whom she described as “a law and order man.” She actually never took that internship, but later went to work for Gov. Deukmejian.\u003c/p>\n\u003cp>“My ideals of law and order resonated with George Deukmejian’s, and I’ve remained a Republican ever since,” she told me back then.\u003c/p>\n\u003cp>California’s judicial system is relatively free of unseemly politics. Unlike some states, where anyone can run for the supreme court and raise unlimited campaign contributions to win, California Supreme Court justices are appointed by the governor, confirmed by a judicial panel, and then approved again every 12 years by the voters. This process allows them to stay relatively removed from the political fray.\u003c/p>\n\u003cp>Perhaps with that in mind, several prominent attorneys and civic leaders announced this week the formation of a new nonprofit foundation to advocate for California courts. The \u003ca href=\"http://foundationfordemocracyandjustice.com/members-of-the-board-of-directors/\">Foundation for Democracy and Justice\u003c/a> counts among its founders former UC President Mark Yudof and Allan Zaremberg, president of the California Chamber of Commerce, both of whom know their way around the state capitol quite well.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The video above is from the premiere episode of \u003ca href=\"http://www.kqed.org/tv/programs/newsroom/\" target=\"_blank\" rel=\"noopener\">\u003cstrong>KQED NEWSROOM\u003c/strong>\u003c/a>, a weekly news magazine program on television, radio and online, featuring \u003cstrong>Thuy Vu\u003c/strong> and \u003cstrong>Scott Shafer\u003c/strong>. Tune in to KQED Public Television 9 on Friday, Oct. 18, at 8 p.m. to watch the entire show. Listen to a rebroadcast at KQED Public Radio 88.5 FM on Sunday, Oct. 20, at 6 p.m.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\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/LBXzWmiGZio'\n title='//www.youtube.com/embed/LBXzWmiGZio'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\u003cp>When she was still a young law student at UC Davis, Tani Cantil-Sakauye made good tip money dealing blackjack at Harrah’s Lake Tahoe casino. By her own account, she could hit you with a card from across the room. But as \u003ca href=\"http://www.courts.ca.gov/13330.htm#ad-image-0\">Chief Justice\u003c/a> of the California Supreme Court, Cantil-Sakauye has been dealt a pretty weak hand.\u003c/p>\n\u003cp>In her interview with me this week, the Chief said severe state budget cuts had created a “two-tier system of justice” in California, where shuttered courthouses and shorter courtroom hours are “basically denying justice across the state.”\u003c/p>\n\u003cp>Those who suffer most, she said, are “low-income, middle-income businesses” trying to resolve disputes.\u003c/p>\n\u003cp>“The truth is, those who can will use other, private alternatives” to settle their differences, she added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“But those of us who need to go to the court, who don’t have those resources, find ourselves frankly getting a second system of justice.”\u003c!--more-->\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.ppic.org/main/event.asp?i=1319\">talk \u003c/a>at the Public Policy Institute earlier this year, Cantil-Sakauye complained that state budget cuts were threatening a “dismemberment of the judicial branch.” Some of those cuts have been restored in the current year budget, but the reductions are still widely felt.\u003c/p>\n\u003cp>Her predecessor, \u003ca href=\"http://en.wikipedia.org/wiki/Ronald_M._George\">Ronald George,\u003c/a> was widely praised for many things, including his acumen cultivating relationships in Sacramento, where decisions on court funding get made. George, who was appointed and elevated to Chief Justice by then-Gov. Pete Wilson, was known for a soothing, nonconfrontational style that may have played well at the state capitol.\u003c/p>\n\u003cp>Judges generally avoid discussing politics. Like journalists, they get paid to evaluate the facts of each case and set aside their personal views. So it’s no surprise that when I asked Cantil-Sakauye this week for her views about the Republican Party, her public information officers cried foul.\u003c/p>\n\u003cp>“You shouldn’t have asked her about that,” a testy Peter Allen said to me after the interview.\u003c/p>\n\u003cp>Cantil-Sakauye was first named to the Sacramento Municipal Court in 1990 by her boss, then-Gov. George Deukmejian. She was elevated on the bench by Republican Governors Pete Wilson and then Arnold Schwarzenegger, who named her Chief Justice in 2010.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> My ideals of law and order resonated with George Deukmejian’s, and I’ve remained a Republican ever since. — From a 2011 interview \u003c/aside>\n\u003cp>When I spoke to her back in \u003ca href=\"http://ww2.kqed.org/news/2011/03/29/california-supreme-court-justice-tani-cantil-sakauye-on-proposition-8/\">2011,\u003c/a> shortly after she became Chief, she said she joined the Republican Party when she was “barely 18” to get an internship with State Sen. Jim Nielsen, whom she described as “a law and order man.” She actually never took that internship, but later went to work for Gov. Deukmejian.\u003c/p>\n\u003cp>“My ideals of law and order resonated with George Deukmejian’s, and I’ve remained a Republican ever since,” she told me back then.\u003c/p>\n\u003cp>California’s judicial system is relatively free of unseemly politics. Unlike some states, where anyone can run for the supreme court and raise unlimited campaign contributions to win, California Supreme Court justices are appointed by the governor, confirmed by a judicial panel, and then approved again every 12 years by the voters. This process allows them to stay relatively removed from the political fray.\u003c/p>\n\u003cp>Perhaps with that in mind, several prominent attorneys and civic leaders announced this week the formation of a new nonprofit foundation to advocate for California courts. The \u003ca href=\"http://foundationfordemocracyandjustice.com/members-of-the-board-of-directors/\">Foundation for Democracy and Justice\u003c/a> counts among its founders former UC President Mark Yudof and Allan Zaremberg, president of the California Chamber of Commerce, both of whom know their way around the state capitol quite well.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The video above is from the premiere episode of \u003ca href=\"http://www.kqed.org/tv/programs/newsroom/\" target=\"_blank\" rel=\"noopener\">\u003cstrong>KQED NEWSROOM\u003c/strong>\u003c/a>, a weekly news magazine program on television, radio and online, featuring \u003cstrong>Thuy Vu\u003c/strong> and \u003cstrong>Scott Shafer\u003c/strong>. Tune in to KQED Public Television 9 on Friday, Oct. 18, at 8 p.m. to watch the entire show. Listen to a rebroadcast at KQED Public Radio 88.5 FM on Sunday, Oct. 20, at 6 p.m.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "News Pix: BART Strikes Again, Wild Turkeys in Berkeley and Richmond Protest Against Chevron",
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"content": "\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115421\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/striking.jpg\" alt=\"striking\" width=\"640\" height=\"450\">\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/2013/10/15/bart-strike-deadline-update-talks-continue\">BART workers on strike\u003c/a> showed up to their 4 a.m. shift on Friday, October 18, and took to the street in front of Lake Merritt BART station to picket. Unions and BART management made progress during this week's negotiations on pay, pensions and health benefits, but work rules and conditions remained a sticking point. The Bay Area had been watching the negotiations all week with a sense of foreboding after BART unions gave notice they could strike as early as Sunday night, October 13. (Deborah Svoboda / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115403\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/charter-bus.jpg\" alt=\"charter bus\" width=\"640\" height=\"449\">\u003cbr>\nEarly morning commuters board BART charter buses in El Cerrito for their commute to San Francisco. (Isabel Angell / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115407\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018vallejoline.jpg\" alt=\"PhotoWeek131018vallejoline\" width=\"640\" height=\"450\">\u003cbr>\nBefore the sun had fully risen commuters in Vallejo lined up for the ferry to San Francisco. (Jennifer Louie / KQED)\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115408\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018traffic.jpg\" alt=\"PhotoWeek131018traffic\" width=\"640\" height=\"450\">\u003cbr>\nThere was heavy traffic on the West Grand on-ramp to the Bay Bridge. KQED staff report that despite signs indicating an HOV lane, there were numerous cars in the lane with fewer than the three required passengers. (Lisa Aliferis / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115409\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018ACTransit-Oa.jpg\" alt=\"PhotoWeek131018ACTransit-Oa\" width=\"640\" height=\"450\">\u003cbr>\nCommuters lined up at the Transbay Terminal in San Francisco for AC Transit buses heading to the East Bay. AC Transit union workers had planned to strike on Thursday, but Gov. Brown stepped in to initiate what is likely to be a 60-day cooling-off period. (Molly Samuel / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115410\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018bikecommute.jpg\" alt=\"PhotoWeek131018bikecommute\" width=\"640\" height=\"450\">\u003cbr>\nFor those not commuting over the Bay Bridge Friday morning, the commute was calmer. Cyclists waited to cross Stanyan Street leaving Golden Gate Park headed towards downtown. As the morning fog lifts, there's no sense that this commute is any different from other days. (Katrina Schwartz / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115411\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018turkeys.jpg\" alt=\"PhotoWeek131018turkeys\" width=\"640\" height=\"450\">\u003cbr>\n\u003ca href=\"http://www.berkeleyside.com/2013/10/17/berkeleys-wild-turkeys-on-the-roof-street-at-city-hall/\">Wild turkeys\u003c/a> are part and parcel of daily life in the city of Berkeley. Sometimes the birds come in pairs, sometimes in large flocks — rarely alone. And, it seems, there is nowhere they will not deign to roam, including the doors of City Hall. (Catherine Ference / \u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018EcaudorProte.jpg\" alt=\"PhotoWeek131018EcaudorProte\" width=\"640\" height=\"450\">\u003cbr>\nEnvironmental activists joined Richmond Mayor Gayle McLaughlin Tuesday, October 15, to \u003ca href=\"http://richmondconfidential.org/2013/10/16/mayor-activists-protest-chevrons-lawsuit-against-ecuadorians/\">protest the opening of Chevron's civil trial against dozens of Ecuadorians\u003c/a>. Activists held pictures of Ecuadorian villagers who were involved in a $18 billion lawsuit against the oil company for pollution in the Amazon rain forest. Chevron is now countersuing 47 of the Ecuadorian plaintiffs, claiming that the Ecuadorians' lawyers committed fraud and extortion during the trial. (Sally Schilling / \u003ca href=\"http://richmondconfidential.org/\">Richmond Confidential\u003c/a>)\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/18/news-pix-bart-strikes-again-wild-turkeys-run-wild-in-berkeley-and-richmond-residents-protest-cheveron/lookingout/\" rel=\"attachment wp-att-115432\">\u003cimg class=\"alignleft size-full wp-image-115432\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lookingout.jpg\" alt=\"lookingout\" width=\"640\" height=\"960\">\u003c/a>\u003c/p>\n\u003cp>The Loma Prieta Earthquake 24 years ago demonstrated that the city's water system is aging. Now, San Francisco is three years into building a 5-mile-long, 15-foot-wide tunnel 100 feet beneath the bay in order to update that system. For the anniversary of the earthquake Thursday, the San Francisco Public Utilities Commission invited media to \u003ca href=\"http://blogs.kqed.org/science/2013/10/17/inside-the-new-tunnel-100-feet-below-san-francisco-bay/\">have a look inside\u003c/a>. (Molly Samuel / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115408\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018traffic.jpg\" alt=\"PhotoWeek131018traffic\" width=\"640\" height=\"450\">\u003cbr>\nThere was heavy traffic on the West Grand on-ramp to the Bay Bridge. KQED staff report that despite signs indicating an HOV lane, there were numerous cars in the lane with fewer than the three required passengers. (Lisa Aliferis / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115409\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018ACTransit-Oa.jpg\" alt=\"PhotoWeek131018ACTransit-Oa\" width=\"640\" height=\"450\">\u003cbr>\nCommuters lined up at the Transbay Terminal in San Francisco for AC Transit buses heading to the East Bay. AC Transit union workers had planned to strike on Thursday, but Gov. Brown stepped in to initiate what is likely to be a 60-day cooling-off period. (Molly Samuel / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115410\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018bikecommute.jpg\" alt=\"PhotoWeek131018bikecommute\" width=\"640\" height=\"450\">\u003cbr>\nFor those not commuting over the Bay Bridge Friday morning, the commute was calmer. Cyclists waited to cross Stanyan Street leaving Golden Gate Park headed towards downtown. As the morning fog lifts, there's no sense that this commute is any different from other days. (Katrina Schwartz / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115411\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018turkeys.jpg\" alt=\"PhotoWeek131018turkeys\" width=\"640\" height=\"450\">\u003cbr>\n\u003ca href=\"http://www.berkeleyside.com/2013/10/17/berkeleys-wild-turkeys-on-the-roof-street-at-city-hall/\">Wild turkeys\u003c/a> are part and parcel of daily life in the city of Berkeley. Sometimes the birds come in pairs, sometimes in large flocks — rarely alone. And, it seems, there is nowhere they will not deign to roam, including the doors of City Hall. (Catherine Ference / \u003ca href=\"http://www.berkeleyside.com/\">Berkeleyside\u003c/a>)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-115412\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/PhotoWeek131018EcaudorProte.jpg\" alt=\"PhotoWeek131018EcaudorProte\" width=\"640\" height=\"450\">\u003cbr>\nEnvironmental activists joined Richmond Mayor Gayle McLaughlin Tuesday, October 15, to \u003ca href=\"http://richmondconfidential.org/2013/10/16/mayor-activists-protest-chevrons-lawsuit-against-ecuadorians/\">protest the opening of Chevron's civil trial against dozens of Ecuadorians\u003c/a>. Activists held pictures of Ecuadorian villagers who were involved in a $18 billion lawsuit against the oil company for pollution in the Amazon rain forest. Chevron is now countersuing 47 of the Ecuadorian plaintiffs, claiming that the Ecuadorians' lawyers committed fraud and extortion during the trial. (Sally Schilling / \u003ca href=\"http://richmondconfidential.org/\">Richmond Confidential\u003c/a>)\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/10/18/news-pix-bart-strikes-again-wild-turkeys-run-wild-in-berkeley-and-richmond-residents-protest-cheveron/lookingout/\" rel=\"attachment wp-att-115432\">\u003cimg class=\"alignleft size-full wp-image-115432\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/lookingout.jpg\" alt=\"lookingout\" width=\"640\" height=\"960\">\u003c/a>\u003c/p>\n\u003cp>The Loma Prieta Earthquake 24 years ago demonstrated that the city's water system is aging. Now, San Francisco is three years into building a 5-mile-long, 15-foot-wide tunnel 100 feet beneath the bay in order to update that system. For the anniversary of the earthquake Thursday, the San Francisco Public Utilities Commission invited media to \u003ca href=\"http://blogs.kqed.org/science/2013/10/17/inside-the-new-tunnel-100-feet-below-san-francisco-bay/\">have a look inside\u003c/a>. (Molly Samuel / KQED)\u003c/p>\n\u003cp> \u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Supreme Court Dismisses State's Prison Overcrowding Appeal",
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"content": "\u003cfigure id=\"attachment_105477\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/08/02/105475/supreme-court-state-prisoner-release/rs50_chinostateprisoninmates20130108-scr-2/\" rel=\"attachment wp-att-105477\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-105477\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/08/RS50_ChinoStatePrisonInmates20130108-scr-e1375475166921.jpg\" alt=\"Inmates at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Inmates at Chino State Prison. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update:\u003c/strong> KQED’s Peter Lollo spoke with Michael Bien, lead counsel for the class of mentally ill prisoners in Coleman vs. Brown, about today’s ruling.\u003cem>\u003cbr>\n\u003c/em>\u003c/p>\n\u003cp>“The key now is implementation,” Bien said. “The state needs to show that it’s really willing to stop putting its brake on these reforms and actually redouble its efforts to implement them.\u003c/p>\n\u003cp>“It’s time to face up to the three judge’s court orders and sit down and get the job done. There’s much more that needs to be done in California’s prisons to really bring them to a constitutional level.”\u003c/p>\n\u003cp>\u003cem> Original post…\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>By Don Thompson\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>SACRAMENTO (AP) The Supreme Court said Tuesday it will not interfere with a previous order requiring California to cut its prison population by thousands of inmates, leaving Gov. Jerry Brown with just one more chance to persuade a lower court to delay or stop the releases.\u003c/p>\n\u003cp>The justices did not comment on their order, which leaves in place the earlier \u003ca href=\"http://ww2.kqed.org/news/2011/05/23/supreme-courts-prison-ruling-the-highlights/\">ruling\u003c/a> by a panel of three federal judges requiring California to reduce its prison population by an additional 9,600 inmates to improve medical and mental health treatment.\u003c/p>\n\u003cp>Spokesmen for Brown and the state Department of Corrections and Rehabilitation said they could not immediately comment.\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Settlement talks continue\u003c/strong>\u003c/p>\n\u003cp>The decision came as state officials are in settlement talks with attorneys representing inmates. The state hopes to persuade the skeptical lower court judges that its latest plan will work.\u003c/p>\n\u003cp>Last month, Brown signed a \u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/\">bill\u003c/a> allowing the state to spend $315 million this fiscal year to house thousands of inmates in private prisons and county jails unless the lower court postpones its deadline for reducing the prison population.\u003c/p>\n\u003cp>If the court agrees to a three-year delay, as the Legislature wants, the bill requires the state to spent part of the money on rehabilitation programs intended to reduce the inmate count over time.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> ‘The appeal is dismissed for want of jurisdiction,’ the court said, without further explanation. \u003c/aside>\n\u003cp>Both proposals would replace a previous ruling that said the state can safely release more than 4,000 inmates by increasing good-behavior credits. The ruling also calls for early releases for elderly and medically incapacitated inmates and sending more inmates to firefighting camps and new facilities.\u003c/p>\n\u003cp>The lower court had threatened to cite Brown for contempt if he did not comply, but last month the judges ordered the state to negotiate with inmates’ attorneys toward a possible compromise.\u003c/p>\n\u003cp>In 2011, Supreme Court justices ruled that the lower court panel had the authority to order California to reduce inmate overcrowding as the key condition for improving conditions.\u003c/p>\n\u003cp>\u003cstrong>Court had three options\u003c/strong>\u003c/p>\n\u003cp>In considering the state’s appeal a second time, the high court had three options: affirming the three-judge court’s decision, dismissing it because of a lack of jurisdiction, or accepting the case on appeal.\u003c/p>\n\u003cp>“The appeal is dismissed for want of jurisdiction,” the court said, without further explanation. The court earlier this year rejected the state’s request to delay the lower court’s order, signaling that it was unlikely to consider the appeal.\u003c/p>\n\u003cp>At the heart of the case is a 2001 lawsuit filed on behalf of inmates who claimed medical treatment in the prisons was so poor it was leading to a death a week through neglect or malpractice.\u003c/p>\n\u003cp>The federal courts agreed, saying conditions were so bad that they violated inmates’ constitutional rights against cruel and unusual punishment.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> The state’s prison population already has been reduced by more than 46,000 inmates since 2006 to meet the federal court mandates. \u003c/aside>\n\u003cp>In addition to spending billions of dollars on new medical facilities and staff, the state also has been ordered to reduce \u003ca href=\"http://ww2.kqed.org/news/tag/prison-overcrowding/\">overcrowding\u003c/a>, which was seen as a main obstacle to providing better health care. The state has also been forced to take similar steps to improve inmate mental health treatment, the subject of a separate lawsuit.\u003c/p>\n\u003cp>\u003cstrong>110,000 more inmates to be released\u003c/strong>\u003c/p>\n\u003cp>California’s state prison population already has been reduced by more than 46,000 inmates since 2006 to meet the federal court mandates. The judges have ordered that the population in the state’s 33 adult prisons be reduced to 137.5 percent of design capacity — or 110,000 inmates — by the end of this year.\u003c/p>\n\u003cp>In arguing against the inmate-reduction order, the Brown administration said the state would have to release serious and violent offenders. The governor also argued in court filings that the lower court has overstepped its authority under federal law.\u003c/p>\n\u003cp>Brown remained combative even after the lower court gave the state a one month reprieve from its year-end deadline for releasing prisoners, to allow time for the negotiations. Brown immediately filed a supplemental appeal with the Supreme Court objecting that the lower court simultaneously blocked the state from contracting to send more inmates to private prisons in other states.\u003c/p>\n\u003cp>“The (lower) court’s interest appears to be in legislating criminal justice policy by reducing the prison population through outright releases of inmates,” the administration said in its filing.\u003c/p>\n\u003cp>Brown argues that the population cap is no longer needed because prison health care has improved significantly. He also contends that the state lacks lower-risk offenders who could safely be released early because most of those already being sentenced to county jails instead of state prisons under a two-year-old state law — commonly referred to as realignment — that is designed to reduce prison overcrowding in response to earlier court orders.\u003c/p>\n\u003cp>But the high court’s refusal to intervene gives him little choice, unless he can negotiate more favorable terms with inmates’ attorneys.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“We hope that this means that the governor will finally realize that he has to comply with the court’s order and stop litigating, and use his energy and resources to reform the prison system,” said Don Specter, director of the Prison Law Office that filed the lawsuit over prison medical care.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_105477\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/08/02/105475/supreme-court-state-prisoner-release/rs50_chinostateprisoninmates20130108-scr-2/\" rel=\"attachment wp-att-105477\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-105477\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/08/RS50_ChinoStatePrisonInmates20130108-scr-e1375475166921.jpg\" alt=\"Inmates at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Inmates at Chino State Prison. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update:\u003c/strong> KQED’s Peter Lollo spoke with Michael Bien, lead counsel for the class of mentally ill prisoners in Coleman vs. Brown, about today’s ruling.\u003cem>\u003cbr>\n\u003c/em>\u003c/p>\n\u003cp>“The key now is implementation,” Bien said. “The state needs to show that it’s really willing to stop putting its brake on these reforms and actually redouble its efforts to implement them.\u003c/p>\n\u003cp>“It’s time to face up to the three judge’s court orders and sit down and get the job done. There’s much more that needs to be done in California’s prisons to really bring them to a constitutional level.”\u003c/p>\n\u003cp>\u003cem> Original post…\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>By Don Thompson\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>SACRAMENTO (AP) The Supreme Court said Tuesday it will not interfere with a previous order requiring California to cut its prison population by thousands of inmates, leaving Gov. Jerry Brown with just one more chance to persuade a lower court to delay or stop the releases.\u003c/p>\n\u003cp>The justices did not comment on their order, which leaves in place the earlier \u003ca href=\"http://ww2.kqed.org/news/2011/05/23/supreme-courts-prison-ruling-the-highlights/\">ruling\u003c/a> by a panel of three federal judges requiring California to reduce its prison population by an additional 9,600 inmates to improve medical and mental health treatment.\u003c/p>\n\u003cp>Spokesmen for Brown and the state Department of Corrections and Rehabilitation said they could not immediately comment.\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Settlement talks continue\u003c/strong>\u003c/p>\n\u003cp>The decision came as state officials are in settlement talks with attorneys representing inmates. The state hopes to persuade the skeptical lower court judges that its latest plan will work.\u003c/p>\n\u003cp>Last month, Brown signed a \u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/\">bill\u003c/a> allowing the state to spend $315 million this fiscal year to house thousands of inmates in private prisons and county jails unless the lower court postpones its deadline for reducing the prison population.\u003c/p>\n\u003cp>If the court agrees to a three-year delay, as the Legislature wants, the bill requires the state to spent part of the money on rehabilitation programs intended to reduce the inmate count over time.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> ‘The appeal is dismissed for want of jurisdiction,’ the court said, without further explanation. \u003c/aside>\n\u003cp>Both proposals would replace a previous ruling that said the state can safely release more than 4,000 inmates by increasing good-behavior credits. The ruling also calls for early releases for elderly and medically incapacitated inmates and sending more inmates to firefighting camps and new facilities.\u003c/p>\n\u003cp>The lower court had threatened to cite Brown for contempt if he did not comply, but last month the judges ordered the state to negotiate with inmates’ attorneys toward a possible compromise.\u003c/p>\n\u003cp>In 2011, Supreme Court justices ruled that the lower court panel had the authority to order California to reduce inmate overcrowding as the key condition for improving conditions.\u003c/p>\n\u003cp>\u003cstrong>Court had three options\u003c/strong>\u003c/p>\n\u003cp>In considering the state’s appeal a second time, the high court had three options: affirming the three-judge court’s decision, dismissing it because of a lack of jurisdiction, or accepting the case on appeal.\u003c/p>\n\u003cp>“The appeal is dismissed for want of jurisdiction,” the court said, without further explanation. The court earlier this year rejected the state’s request to delay the lower court’s order, signaling that it was unlikely to consider the appeal.\u003c/p>\n\u003cp>At the heart of the case is a 2001 lawsuit filed on behalf of inmates who claimed medical treatment in the prisons was so poor it was leading to a death a week through neglect or malpractice.\u003c/p>\n\u003cp>The federal courts agreed, saying conditions were so bad that they violated inmates’ constitutional rights against cruel and unusual punishment.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> The state’s prison population already has been reduced by more than 46,000 inmates since 2006 to meet the federal court mandates. \u003c/aside>\n\u003cp>In addition to spending billions of dollars on new medical facilities and staff, the state also has been ordered to reduce \u003ca href=\"http://ww2.kqed.org/news/tag/prison-overcrowding/\">overcrowding\u003c/a>, which was seen as a main obstacle to providing better health care. The state has also been forced to take similar steps to improve inmate mental health treatment, the subject of a separate lawsuit.\u003c/p>\n\u003cp>\u003cstrong>110,000 more inmates to be released\u003c/strong>\u003c/p>\n\u003cp>California’s state prison population already has been reduced by more than 46,000 inmates since 2006 to meet the federal court mandates. The judges have ordered that the population in the state’s 33 adult prisons be reduced to 137.5 percent of design capacity — or 110,000 inmates — by the end of this year.\u003c/p>\n\u003cp>In arguing against the inmate-reduction order, the Brown administration said the state would have to release serious and violent offenders. The governor also argued in court filings that the lower court has overstepped its authority under federal law.\u003c/p>\n\u003cp>Brown remained combative even after the lower court gave the state a one month reprieve from its year-end deadline for releasing prisoners, to allow time for the negotiations. Brown immediately filed a supplemental appeal with the Supreme Court objecting that the lower court simultaneously blocked the state from contracting to send more inmates to private prisons in other states.\u003c/p>\n\u003cp>“The (lower) court’s interest appears to be in legislating criminal justice policy by reducing the prison population through outright releases of inmates,” the administration said in its filing.\u003c/p>\n\u003cp>Brown argues that the population cap is no longer needed because prison health care has improved significantly. He also contends that the state lacks lower-risk offenders who could safely be released early because most of those already being sentenced to county jails instead of state prisons under a two-year-old state law — commonly referred to as realignment — that is designed to reduce prison overcrowding in response to earlier court orders.\u003c/p>\n\u003cp>But the high court’s refusal to intervene gives him little choice, unless he can negotiate more favorable terms with inmates’ attorneys.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“We hope that this means that the governor will finally realize that he has to comply with the court’s order and stop litigating, and use his energy and resources to reform the prison system,” said Don Specter, director of the Prison Law Office that filed the lawsuit over prison medical care.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Jose Gets Split Ruling in Suit Over A's Move ",
"title": "San Jose Gets Split Ruling in Suit Over A's Move ",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_114722\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/11/san-jose-gets-split-ruling-in-suit-over-as-move/oaklandcoliseum/\" rel=\"attachment wp-att-114722\">\u003cimg class=\"size-full wp-image-114722\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/OaklandColiseum.jpg\" alt=\"The Oakland A's at their current home, O.co Coliseum. ((Kwong Yee Cheng/Flickr)\" width=\"640\" height=\"376\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Oakland A's at their current home, O.co Coliseum. (Kwong Yee Cheng/\u003ca href=\"http://www.flickr.com/photos/98153629@N00/9659994199/in/photolist-fHBZJ8-f9dhKY-fHUy5A-fHUxPm-fHBYqg-fHUwVU-fHBYQ4-fHBU7D-fHUyW9-fHUuy5-fHBWz2-fHUv6A-fHBW1p-fHBV9c-fHBYAX-fHUu6q-fHUukd-fHBXVr-84Nbzn-7C9LAW-fHBUAM-5aUypU-4Gcz6X-bXYZfE-5aUxv1-ejBkMW-ejvmJP-ejvBBx-ejyuUg-ejB5af-fHUwnE-f9djPo-fHUzcd-fHBX2c-5aUzf1-a4o4xs-cA6TWu-cA6Uuo-cA6V9G-cA6ThQ-cA6VMU-cA6Wrb-a4kcPe-4GgKrj-bB6o9j-6fJ598-p5QHX-4VVvY8-8rsfb1-8rsfkY-8rp8KX\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal court judge in San Jose threw out a big part of the city's lawsuit against Major League Baseball, an action that accuses the sport's officials and team owners of violating antitrust laws by failing to act on the Oakland A's request to move to the South Bay.\u003c/p>\n\u003cp>But U.S. District Court Judge Ronald Whyte also ruled that San Jose can go ahead with its claim that Major League Baseball has broken state law by interfering with its contract to sell the A's a stadium site. The city's lawyers say that ruling creates an opening for a resolution of the longstanding dispute over the A's relocation because baseball officials, including Commissioner Bud Selig, will try to avoid testifying about why the A's move has been blocked.\u003c/p>\n\u003cp>The A's and San Jose have been working for more than four years to make the move happen, with the city and team signing a deal that would let the A's buy downtown parcels where the team would build a 32,000-seat stadium. But major league owners have never acted on the request. That's because the San Francisco Giants have refused to give up their exclusive territorial rights to the South Bay. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\"They're going to now have to give depositions as to why they wouldn't allow Oakland to go down there.\"\u003c/aside>\n\u003cp>Last June, \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/san-jose-city-council-votes-to-sue-mlb-over-as-move/\" target=\"_blank\">the city sued\u003c/a>, saying baseball's failure to act on the request and its system of exclusive territories amounted to monopolistic behavior barred by federal anti-trust laws. The suit also alleged baseball had illegally interfered with San Jose's contract with the A's. That \u003ca href=\"http://www.law.cornell.edu/wex/tortious_interference\" target=\"_blank\">tortious interference\u003c/a> had cost the city money, the San Jose suit alleged, and damaged its future economic prospects.\u003c/p>\n\u003cp>In his \u003ca href=\"http://www.scribd.com/doc/175443473/Ruling-in-San-Jose-v-Major-League-Baseball-et-al\" target=\"_blank\">26-page ruling\u003c/a> (embedded below), Whyte stuck closely to 60 years of federal case law in dismissing San Jose's antitrust claims. He noted that many courts have questioned a 1922 U.S. Supreme Court ruling that exempted baseball from the nation's antitrust statutes. Whyte said he agreed with earlier jurists that the exemption is “unrealistic, inconsistent, or illogical.\" But like them, he concluded it's up to Congress, not the courts, to remove the exemption.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On the contract-interference claim, Whyte found that the city had presented a substantial enough claim that that part of the case can proceed. Joe Cotchett and Philip Gregory, the lead attorneys for San Jose, say that depositions and document disclosure in the case could prove embarrassing for MLB Commissioner Bud Selig, team owners and the Giants.\u003cbr>\n\u003c!--more-->\u003cbr>\n\"They're going to now have to give depositions as to why they wouldn't allow Oakland to go down there,\" Cotchett said after the ruling was released. \"Bud Selig now has to come into court and under oath testify.\"\u003c/p>\n\u003cp>\"The issue all along has been Major League Baseball refusing to deal with either the city or the A's on this issue and delaying and delaying and delaying,\" Gregory said. \"Now they have the prospect of having to open their books and allow the citizens of San Jose to see the real reason why the team hasn't been allowed to relocate.\"\u003c/p>\n\u003cp>Cotchett told KQED he doesn't think things will get that far. He thinks that under pressure to reveal what goes on behind MLB's closed doors, something will give. \"I think the case, at this point, will get resolved.\"\u003c/p>\n\u003cp>Major League Baseball released a statement suggesting it believes the case will get resolved, too -- in its favor, in court:\u003c/p>\n\u003cblockquote>\u003cp>“Major League Baseball is pleased that the Court dismissed the heart of San Jose's action and confirmed that MLB has the legal right to make decisions about the relocation of its member Clubs. The Court dismissed all of San Jose's state and federal law claims challenging that right. We are confident that the remaining state law claims, which assert that San Jose's costs associated with the option agreement for the sale of real estate were increased by the timing of MLB's decision-making process, will be decided in MLB's favor, and that San Jose has not suffered any compensable injury.\"\u003c/p>\u003c/blockquote>\n\u003cp> San Jose Mayor Chuck Reed also issued a statement: \u003c/p>\n\u003cblockquote>\u003cp>\"I am pleased that the judge has allowed our case to move forward. Major League Baseball’s unfair and anti-competitive actions are costing San Jose residents millions of dollars in annual tax revenues that could go towards paying for more police officers, firefighters, libraries, road repairs and other critical services. \u003c/p>\n\u003cp>San Jose filed this lawsuit after waiting patiently for more than four years for a decision from Commissioner Selig. The court’s decision this brings us one step closer to paving the way for San Jose to host a major league ballclub.\u003c/p>\u003c/blockquote>\n\u003cp>(Gregory and Cotchett also hailed Whyte's ruling in language that will warm the hearts of their South Bay clients and infuriate A's partisans still hurting after last night's season-ending loss to the Detroit Tigers: \"While the A's may have lost a playoff series last night, the city [of San Jose] and the A's won in court today,\" Gregory said.)\u003c/p>\n\u003cp>For a takeaway, I'm going to turn to Wendy Thurm, a journalist and former lawyer whose tweets\u003ca href=\"http://ww2.kqed.org/news/2013/10/04/oakland-as-san-jose-baseball-lawsuit\" target=\"_blank\"> we followed closely\u003c/a> during Judge Whyte's hearing on the MLB dismissal motion last week. She \u003ca href=\"http://www.fangraphs.com/blogs/san-jose-mlb-oakland-athletics-antitrust-lawsuit-court-order/\" target=\"_blank\">writes on the Fangraph sports site\u003c/a> this afternoon:\u003c/p>\n\u003cblockquote>\u003cp>So, now what?\u003c/p>\n\u003cp>There’s no question that the antitrust claims were the main attraction in the lawsuit. MLB wants to keep its exemption in place, and San Jose’s challenge to it presented a threat. That threat is gone, for now, as the city decides whether to immediately appeal the court’s order. Whether San Jose can appeal now — with the one state law claim surviving the motion to dismiss — is a complicated question. Typically, courts do not permit piecemeal appeals. San Jose also lost the ability to ask the court to force MLB to permit the A’s to relocate. That kind of remedy would have been potentially available only under the antitrust law.\u003c/p>\n\u003cp>On the other hand, the city can proceed on its interference claim. That means MLB will be forced to turn over documents related to its decision-making process and MLB witnesses — including Commissioner Selig, the members of his Blue Ribbon Commission on the relocation, and MLB owners — will have to answer questions under oath.\u003c/p>\n\u003cp>My guess is that San Jose will try to proceed on two tracks: ask the Ninth Circuit Court of Appeals to hear an appeal on the antitrust claims immediately and start issuing subpoenas for documents and depositions. MLB will resist both an immediate appeal and San Jose’s effort to dig deep on the league’s decision-making process.\u003c/p>\n\u003cp>To me, Judge Whyte’s order screams “settlement” — in the sense that neither side got what it wanted and there might be just enough to get the two sides talking about a resolution. If that’s the court’s intent — and I could be wrong on that — we’ll see him give San Jose wide latitude on documents it can subpoena and witnesses it can question under oath, all with the idea that MLB would rather resolve the matter than have to reveal its inner workings in discovery.\u003c/p>\u003c/blockquote>\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 Ruling in San Jose v. Major League Baseball et al. on Scribd\" href=\"http://www.scribd.com/doc/175443473/Ruling-in-San-Jose-v-Major-League-Baseball-et-al\">Ruling in San Jose v. Major League Baseball et al.\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ciframe id=\"doc_7298\" src=\"//www.scribd.com/embeds/175443473/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_114722\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/10/11/san-jose-gets-split-ruling-in-suit-over-as-move/oaklandcoliseum/\" rel=\"attachment wp-att-114722\">\u003cimg class=\"size-full wp-image-114722\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/OaklandColiseum.jpg\" alt=\"The Oakland A's at their current home, O.co Coliseum. ((Kwong Yee Cheng/Flickr)\" width=\"640\" height=\"376\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Oakland A's at their current home, O.co Coliseum. (Kwong Yee Cheng/\u003ca href=\"http://www.flickr.com/photos/98153629@N00/9659994199/in/photolist-fHBZJ8-f9dhKY-fHUy5A-fHUxPm-fHBYqg-fHUwVU-fHBYQ4-fHBU7D-fHUyW9-fHUuy5-fHBWz2-fHUv6A-fHBW1p-fHBV9c-fHBYAX-fHUu6q-fHUukd-fHBXVr-84Nbzn-7C9LAW-fHBUAM-5aUypU-4Gcz6X-bXYZfE-5aUxv1-ejBkMW-ejvmJP-ejvBBx-ejyuUg-ejB5af-fHUwnE-f9djPo-fHUzcd-fHBX2c-5aUzf1-a4o4xs-cA6TWu-cA6Uuo-cA6V9G-cA6ThQ-cA6VMU-cA6Wrb-a4kcPe-4GgKrj-bB6o9j-6fJ598-p5QHX-4VVvY8-8rsfb1-8rsfkY-8rp8KX\" target=\"_blank\">Flickr\u003c/a>)\u003c/figcaption>\u003c/figure>\n\u003cp>A federal court judge in San Jose threw out a big part of the city's lawsuit against Major League Baseball, an action that accuses the sport's officials and team owners of violating antitrust laws by failing to act on the Oakland A's request to move to the South Bay.\u003c/p>\n\u003cp>But U.S. District Court Judge Ronald Whyte also ruled that San Jose can go ahead with its claim that Major League Baseball has broken state law by interfering with its contract to sell the A's a stadium site. The city's lawyers say that ruling creates an opening for a resolution of the longstanding dispute over the A's relocation because baseball officials, including Commissioner Bud Selig, will try to avoid testifying about why the A's move has been blocked.\u003c/p>\n\u003cp>The A's and San Jose have been working for more than four years to make the move happen, with the city and team signing a deal that would let the A's buy downtown parcels where the team would build a 32,000-seat stadium. But major league owners have never acted on the request. That's because the San Francisco Giants have refused to give up their exclusive territorial rights to the South Bay. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\"They're going to now have to give depositions as to why they wouldn't allow Oakland to go down there.\"\u003c/aside>\n\u003cp>Last June, \u003ca href=\"http://ww2.kqed.org/news/2013/06/18/san-jose-city-council-votes-to-sue-mlb-over-as-move/\" target=\"_blank\">the city sued\u003c/a>, saying baseball's failure to act on the request and its system of exclusive territories amounted to monopolistic behavior barred by federal anti-trust laws. The suit also alleged baseball had illegally interfered with San Jose's contract with the A's. That \u003ca href=\"http://www.law.cornell.edu/wex/tortious_interference\" target=\"_blank\">tortious interference\u003c/a> had cost the city money, the San Jose suit alleged, and damaged its future economic prospects.\u003c/p>\n\u003cp>In his \u003ca href=\"http://www.scribd.com/doc/175443473/Ruling-in-San-Jose-v-Major-League-Baseball-et-al\" target=\"_blank\">26-page ruling\u003c/a> (embedded below), Whyte stuck closely to 60 years of federal case law in dismissing San Jose's antitrust claims. He noted that many courts have questioned a 1922 U.S. Supreme Court ruling that exempted baseball from the nation's antitrust statutes. Whyte said he agreed with earlier jurists that the exemption is “unrealistic, inconsistent, or illogical.\" But like them, he concluded it's up to Congress, not the courts, to remove the exemption.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On the contract-interference claim, Whyte found that the city had presented a substantial enough claim that that part of the case can proceed. Joe Cotchett and Philip Gregory, the lead attorneys for San Jose, say that depositions and document disclosure in the case could prove embarrassing for MLB Commissioner Bud Selig, team owners and the Giants.\u003cbr>\n\u003c!--more-->\u003cbr>\n\"They're going to now have to give depositions as to why they wouldn't allow Oakland to go down there,\" Cotchett said after the ruling was released. \"Bud Selig now has to come into court and under oath testify.\"\u003c/p>\n\u003cp>\"The issue all along has been Major League Baseball refusing to deal with either the city or the A's on this issue and delaying and delaying and delaying,\" Gregory said. \"Now they have the prospect of having to open their books and allow the citizens of San Jose to see the real reason why the team hasn't been allowed to relocate.\"\u003c/p>\n\u003cp>Cotchett told KQED he doesn't think things will get that far. He thinks that under pressure to reveal what goes on behind MLB's closed doors, something will give. \"I think the case, at this point, will get resolved.\"\u003c/p>\n\u003cp>Major League Baseball released a statement suggesting it believes the case will get resolved, too -- in its favor, in court:\u003c/p>\n\u003cblockquote>\u003cp>“Major League Baseball is pleased that the Court dismissed the heart of San Jose's action and confirmed that MLB has the legal right to make decisions about the relocation of its member Clubs. The Court dismissed all of San Jose's state and federal law claims challenging that right. We are confident that the remaining state law claims, which assert that San Jose's costs associated with the option agreement for the sale of real estate were increased by the timing of MLB's decision-making process, will be decided in MLB's favor, and that San Jose has not suffered any compensable injury.\"\u003c/p>\u003c/blockquote>\n\u003cp> San Jose Mayor Chuck Reed also issued a statement: \u003c/p>\n\u003cblockquote>\u003cp>\"I am pleased that the judge has allowed our case to move forward. Major League Baseball’s unfair and anti-competitive actions are costing San Jose residents millions of dollars in annual tax revenues that could go towards paying for more police officers, firefighters, libraries, road repairs and other critical services. \u003c/p>\n\u003cp>San Jose filed this lawsuit after waiting patiently for more than four years for a decision from Commissioner Selig. The court’s decision this brings us one step closer to paving the way for San Jose to host a major league ballclub.\u003c/p>\u003c/blockquote>\n\u003cp>(Gregory and Cotchett also hailed Whyte's ruling in language that will warm the hearts of their South Bay clients and infuriate A's partisans still hurting after last night's season-ending loss to the Detroit Tigers: \"While the A's may have lost a playoff series last night, the city [of San Jose] and the A's won in court today,\" Gregory said.)\u003c/p>\n\u003cp>For a takeaway, I'm going to turn to Wendy Thurm, a journalist and former lawyer whose tweets\u003ca href=\"http://ww2.kqed.org/news/2013/10/04/oakland-as-san-jose-baseball-lawsuit\" target=\"_blank\"> we followed closely\u003c/a> during Judge Whyte's hearing on the MLB dismissal motion last week. She \u003ca href=\"http://www.fangraphs.com/blogs/san-jose-mlb-oakland-athletics-antitrust-lawsuit-court-order/\" target=\"_blank\">writes on the Fangraph sports site\u003c/a> this afternoon:\u003c/p>\n\u003cblockquote>\u003cp>So, now what?\u003c/p>\n\u003cp>There’s no question that the antitrust claims were the main attraction in the lawsuit. MLB wants to keep its exemption in place, and San Jose’s challenge to it presented a threat. That threat is gone, for now, as the city decides whether to immediately appeal the court’s order. Whether San Jose can appeal now — with the one state law claim surviving the motion to dismiss — is a complicated question. Typically, courts do not permit piecemeal appeals. San Jose also lost the ability to ask the court to force MLB to permit the A’s to relocate. That kind of remedy would have been potentially available only under the antitrust law.\u003c/p>\n\u003cp>On the other hand, the city can proceed on its interference claim. That means MLB will be forced to turn over documents related to its decision-making process and MLB witnesses — including Commissioner Selig, the members of his Blue Ribbon Commission on the relocation, and MLB owners — will have to answer questions under oath.\u003c/p>\n\u003cp>My guess is that San Jose will try to proceed on two tracks: ask the Ninth Circuit Court of Appeals to hear an appeal on the antitrust claims immediately and start issuing subpoenas for documents and depositions. MLB will resist both an immediate appeal and San Jose’s effort to dig deep on the league’s decision-making process.\u003c/p>\n\u003cp>To me, Judge Whyte’s order screams “settlement” — in the sense that neither side got what it wanted and there might be just enough to get the two sides talking about a resolution. If that’s the court’s intent — and I could be wrong on that — we’ll see him give San Jose wide latitude on documents it can subpoena and witnesses it can question under oath, all with the idea that MLB would rather resolve the matter than have to reveal its inner workings in discovery.\u003c/p>\u003c/blockquote>\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 Ruling in San Jose v. Major League Baseball et al. on Scribd\" href=\"http://www.scribd.com/doc/175443473/Ruling-in-San-Jose-v-Major-League-Baseball-et-al\">Ruling in San Jose v. Major League Baseball et al.\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Attorney General Kamala Harris Sues For-Profit College Company",
"title": "Attorney General Kamala Harris Sues For-Profit College Company",
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"content": "\u003cfigure id=\"attachment_114699\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/KamalaHarris131010B.jpg\">\u003cimg class=\"size-medium wp-image-114699 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/10/KamalaHarris131010B-300x225.jpg\" alt=\"Kamala Harris at a press conference on Oct. 10, 2013. Christine Hsu/KQED\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kamala Harris at a press conference on Oct. 10, 2013. Christine Hsu/KQED\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Christine Hsu\u003c/strong>\u003c/p>\n\u003cp>California Attorney General Kamala Harris filed a lawsuit yesterday against Santa Ana-based \u003ca href=\"http://http://www.cci.edu/\">Corinthian Colleges, Inc. (CCi)\u003c/a> and its subsidiaries Everest, Heald and WyoTech colleges for false and predatory advertising, securities fraud and intentional misrepresentations to students.\u003c/p>\n\u003cp>Harris said the colleges targeted low-income people, minorities and veterans in the state to enroll as students.\u003c/p>\n\u003cp>Harris alleged that Corinthian promised students, “a hundred percent guarantee of job placement. Our investigation, however, found that this was false information and in some programs, not one single student obtained a job coming out of that program.”\u003cstrong>\u003cem> \u003c/em>\u003c/strong>\u003c/p>\n\u003cp>Kent Jenkins, a spokesman for Corinthian, issued the following statement: “We are committed to regulatory compliance and have robust processes in place to correctly record and disclose the job placement information we receive from our graduates and their employers.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He added, “we will vigorously defend against this complaint.”\u003c/p>\n\u003cp>Harris issued a call to current and former CCi students to file complaints at the \u003ca href=\"http://http://oag.ca.gov/contact/consumer-complaint-against-business-or-company\">website\u003c/a> of the Attorney General’s Office.\u003c/p>\n\u003cp>She said Corinthian executives had conducted a \"predatory scheme\" that is \"unconscionable.\"\u003c/p>\n\u003cp>There are 24 colleges run by Corinthian in California with approximately 27,000 students enrolled.\u003c/p>\n\u003cp>Heald College has a long history in San Francisco. One of the country's oldest business careers college, Heald was founded in 1863 and now includes 12 campuses across the western United States. Its alumni includes Bank of America founder A.P. Giannini, museum founder M.H. de Young, and former California Governor Hiram Johnson.\u003c/p>\n\u003cp>Here is the lawsuit:\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 Document on Scribd\" href=\"http://www.scribd.com/doc/175463827/Document\">Document\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_6010\" src=\"//www.scribd.com/embeds/175463827/content?start_page=1&view_mode=scroll&show_recommendations=true\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"excerpt": "Suit alleges that some of the college's programs guaranteeing jobs lead to no jobs whatsoever.",
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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": "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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"order": 12
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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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"title": "Political Breakdown",
"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": {
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"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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"title": "PRI's The World: Latest Edition",
"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": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
"airtime": "SAT 4pm-5pm",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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},
"rightnowish": {
"id": "rightnowish",
"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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"order": 16
},
"link": "/podcasts/rightnowish",
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