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"content": "\u003cp>A hunger strike is continuing at one California prison but ended on Wednesday at another, according to Terry Thornton, a spokesperson for the California Department of Corrections.\u003c/p>\n\u003cfigure id=\"attachment_78453\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/unit-of-pbshu-prison-Michael-Montgomery2.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/unit-of-pbshu-prison-Michael-Montgomery2.jpg\" alt=\"\" title=\"unit of pbshu prison Michael Montgomery\" width=\"300\" height=\"225\" class=\"size-full wp-image-78453\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A unit of cells in the Security Housing Unit at Pelican Bay State prison. (Michael Montgomery/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Some of the strikers were protesting a new policy aimed at reducing activity by gangs and other “security threat groups,” she said. Others did not give a reason for the strike, or said they were protesting food or other conditions at the prisons, said Thornton.\u003c/p>\n\u003cp>She said 69 inmates at California State Prison, Corcoran, were refusing food, some of them since Oct. 13.\u003c/p>\n\u003cp>Meanwhile at California Correctional Institution in Tehachapi, inmates started refusing food on Oct. 10. The number fluctuated, reaching 208 before declining to 135 yesterday and zero today, said Thornton.\u003c/p>\n\u003cp>She said did not know why the strike ended in Tehachapi. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>And she pointed out that the department has not yet launched its new gang management policies which would change the definitions used to determine which prisoners are sent to high-security housing units.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2012/09/14/advocacy-groups-wary-of-new-plan-for-prison-isolation-units/\">report\u003c/a> by California Watch reporter Michael Montgomery described the new policy this way:\u003c/p>\n\u003cblockquote>\u003cp>\nThe changes will give prison staff more flexibility in dealing with a range of “security threat groups,” according to an Aug. 30 corrections department notice sent to the California Correctional Peace Officers Association, the powerful union representing prison guards.\u003c/p>\n\u003cp>The new policies will put California more closely in line with “recognized national standards and strategies,” staving off the “inevitable litigation and court mandated changes the State would face by remaining exclusively reliant on the current … system,” according to the document.\u003c/p>\n\u003cp>But revisions in a June 29 \u003ca href=\"https://www.documentcloud.org/documents/426284-stg-draft-policy-3-1-12.html\">corrections document\u003c/a> obtained by California Watch, The Bay Citizen’s sister site, suggest that officials are moving away from the narrower focus on specific criminal or violent acts. Rather, they appear to be reviving controversial guidelines that have allowed authorities to send inmates to the special units for violations such as gang-related tattoos and drawings.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Montgomery’s article quotes advocates for prisoners who were critical of the changes.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And she pointed out that the department has not yet launched its new gang management policies which would change the definitions used to determine which prisoners are sent to high-security housing units.\u003c/p>\n\u003cp>A \u003ca href=\"http://ww2.kqed.org/news/2012/09/14/advocacy-groups-wary-of-new-plan-for-prison-isolation-units/\">report\u003c/a> by California Watch reporter Michael Montgomery described the new policy this way:\u003c/p>\n\u003cblockquote>\u003cp>\nThe changes will give prison staff more flexibility in dealing with a range of “security threat groups,” according to an Aug. 30 corrections department notice sent to the California Correctional Peace Officers Association, the powerful union representing prison guards.\u003c/p>\n\u003cp>The new policies will put California more closely in line with “recognized national standards and strategies,” staving off the “inevitable litigation and court mandated changes the State would face by remaining exclusively reliant on the current … system,” according to the document.\u003c/p>\n\u003cp>But revisions in a June 29 \u003ca href=\"https://www.documentcloud.org/documents/426284-stg-draft-policy-3-1-12.html\">corrections document\u003c/a> obtained by California Watch, The Bay Citizen’s sister site, suggest that officials are moving away from the narrower focus on specific criminal or violent acts. Rather, they appear to be reviving controversial guidelines that have allowed authorities to send inmates to the special units for violations such as gang-related tattoos and drawings.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>Montgomery’s article quotes advocates for prisoners who were critical of the changes.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Federal agents are investigating the family of a Mendocino sheriff’s captain in connection with a marijuana farm, \u003ca href=\"http://www.pressdemocrat.com/article/20121015/ARTICLES/121019700/0/API?p=all&tc=pgall\">the Santa Rosa Press Democrat reports\u003c/a>.\u003c/p>\n\u003cblockquote>\u003cp>Officials on Thursday served a search warrant on property near Highway 20 in Potter Valley where agents reportedly found more than 500 marijuana plants. The property is owned by and is the residence of Johnny Johnson, the father of Sheriff’s Capt. Randy Johnson. The captain’s brother, John Johnson, also lives on the property. Randy Johnson owns and lives on property adjacent to his father’s, according to county records.\n\u003c/p>\u003c/blockquote>\n\u003cp>Randy Johnson was assigned to inspect pot farms as part of a program aimed at separating medical marijuana — which is legal under state law — from illegal marijuana farms. Growers were allowed to have up to 99 marijuana plants, and paid the county $50 each.\u003c/p>\n\u003cp>You can see Johnson at work in a video, Republic of Cannabis, on this topic produced by the Center for Investigative Reporting and KQED News in association with Frontline. Johnson comes in at about 3:10. \u003ciframe loading=\"lazy\" width=\"560\" height=\"315\" src=\"http://www.youtube.com/embed/2bFUASotNXk?rel=0\" frameborder=\"0\" allowfullscreen>\u003c/iframe>\u003c/p>\n\u003cp>Federal agents \u003ca href=\"http://www.kqed.org/news/story/2012/02/13/84607/mendocino_snuffing_medical_marijuana_experiment?source=npr&category=us\">raided the farm \u003c/a> featured in the program last year.\u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/tag/medical-marijuana/\">read past News Fix posts on medical marijuana here\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal agents are investigating the family of a Mendocino sheriff’s captain in connection with a marijuana farm, \u003ca href=\"http://www.pressdemocrat.com/article/20121015/ARTICLES/121019700/0/API?p=all&tc=pgall\">the Santa Rosa Press Democrat reports\u003c/a>.\u003c/p>\n\u003cblockquote>\u003cp>Officials on Thursday served a search warrant on property near Highway 20 in Potter Valley where agents reportedly found more than 500 marijuana plants. The property is owned by and is the residence of Johnny Johnson, the father of Sheriff’s Capt. Randy Johnson. The captain’s brother, John Johnson, also lives on the property. Randy Johnson owns and lives on property adjacent to his father’s, according to county records.\n\u003c/p>\u003c/blockquote>\n\u003cp>Randy Johnson was assigned to inspect pot farms as part of a program aimed at separating medical marijuana — which is legal under state law — from illegal marijuana farms. Growers were allowed to have up to 99 marijuana plants, and paid the county $50 each.\u003c/p>\n\u003cp>You can see Johnson at work in a video, Republic of Cannabis, on this topic produced by the Center for Investigative Reporting and KQED News in association with Frontline. Johnson comes in at about 3:10. \u003ciframe loading=\"lazy\" width=\"560\" height=\"315\" src=\"http://www.youtube.com/embed/2bFUASotNXk?rel=0\" frameborder=\"0\" allowfullscreen>\u003c/iframe>\u003c/p>\n\u003cp>Federal agents \u003ca href=\"http://www.kqed.org/news/story/2012/02/13/84607/mendocino_snuffing_medical_marijuana_experiment?source=npr&category=us\">raided the farm \u003c/a> featured in the program last year.\u003c/p>\n\u003cp>You can \u003ca href=\"http://ww2.kqed.org/news/tag/medical-marijuana/\">read past News Fix posts on medical marijuana here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Should Domestic Violence Counselors Have 'Reached Out' to Eliana Lopez?",
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"content": "\u003cp>\u003cem>by Laird Harrison and Jon Brooks\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_78229\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi-and-Lopez.jpg\">\u003cimg class=\"size-medium wp-image-78229\" title=\"Mirkarimi and Lopez\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi-and-Lopez-300x257.jpg\" alt=\"\" width=\"300\" height=\"257\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (far left) and Eliana Lopez were jubilant after a vote by the San Francisco Board of Supervisors left him in office as sheriff. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>We fully understand that many San Franciscans would rather repeatedly watch last year's video of Buster Posey getting his leg broken than delve further into the Ross Mirkarimi situation. But it appears, even after last week's climax of a vote to deny the mayor's move to oust the sheriff from office, that the old Yogi Berra maxim of \"It ain't over till it's over\" is going to apply for the foreseeable future.\u003c/p>\n\u003cp>Last Wednesday, for instance, San Francisco DA George Gascon \u003ca href=\"http://ww2.kqed.org/news/2012/10/10/sf-da-gascon-calls-on-mirkarimi-to-recuse-himself-from-domestic-violence-duties/\">called on Mirkarimi to recuse himself from any official duties related to domestic violence\u003c/a>, saying that \"at a minimum,\" he is \"incapable of adequately performing the functions of his office that relate to crimes of domestic violence.\" Meanwhile, Supervisor Jane Kim, one of the four votes on the Board against removing Mirkarimi from office, issued a \u003ca href=\"http://us1.campaign-archive2.com/?u=c161bfa7ff9163061f62e888f&id=51d23a6fcb\">statement on her web site\u003c/a> that \"the electorate has every right to recall the Sheriff, an action which I would support.\" Supervisor Malia Cohen, who voted for removal, has \u003ca href=\"http://www.ktvu.com/news/news/local-govt-politics/another-supervisor-expresses-support-potential-mir/nSdgb/\">said she would also support a recall.\u003c/a> And the \u003ca href=\"http://blog.sfgate.com/cityinsider/2012/10/10/lee-adviser-mirkarimi-is-a-wife-beater/\">Chronicle reported\u003c/a> that Tony Winnicker, Ed Lee's former press secretary and a current mayoral adviser, called Mirkarimi a \"wife-beater\" on his Facebook page. Winnicker also sent Supervisor Christina Olague, who was appointed by Lee but failed to reward her political patron with a \"Yes\" vote on ousting the sheriff, a nasty text:\u003c/p>\n\u003cp>\"As your constituent, you disgust me,\" the \u003ca href=\"http://www.sfgate.com/bayarea/article/Mirkarimi-fight-leaves-deep-political-scars-3941659.php#page-2\">Chron reports Winnicker\u003c/a> as saying. \"You are the most ungrateful and dishonorable person ever to serve on the board. You should resign in disgrace.\" \u003c!--more-->Mirkarimi, for his part, didn't exactly tamp down the rhetoric on his \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">appearance on KQED Public Radio's Forum show\u003c/a> last week when he made the following statements about some of the institutional forces that have both prosecuted and lobbied against him:\u003c/p>\n\u003cp>\"To this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use,\" Mirkarimi said, alluding to his wife, Eliana Lopez. \"The narrative that Eliana has not fallen into is what's bothered them, which is why I think they've intensified their attacks.\" (Lopez herself wrote in a\u003ca href=\"http://www.sfgate.com/opinion/openforum/article/Ross-Mirkarimi-s-wife-gives-her-side-of-story-3463213.php\"> San Francisco Chronicle piece\u003c/a> in April that \"From the beginning, my public voice has been ignored and treated as irrelevant.\")\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>So we wondered: Should law enforcement and/or domestic violence workers have tried to contact Lopez?\u003c/p>\n\u003cp>To recap the situation: a neighbor videotaped Lopez saying that Mirkarimi had bruised her arm in an argument on New Year's Eve, 2012. Police arrested the sheriff and separated him from Lopez and their son, but Lopez said she had no complaint against him and wanted to be reunited. Mirkarimi eventually pleaded guilty to falsely imprisoning Lopez.\u003c/p>\n\u003cp>We called an expert far from the hue and cry of San Francisco to see what\u003c/p>\n\u003cp>Darald Hanusa is a PhD psychotherapist who specializes in domestic violence, and he lectures on the subject at the University of Wisconsin. Hanusa says that victims' advocates had excellent reasons for not asking Lopez how they could help.\u003c/p>\n\u003cp>\"Most agencies that deal with domestic violence are very careful not to cross boundaries and reach out to victims if their help is not wanted,\" she said. \"It's a matter of safety and it's a matter of respect for the individual's autonomy.\"\u003c/p>\n\u003cp>Hanusa said domestic violence workers long ago decided that they shouldn't pick up the phone until the victim calls them. In the first place, an abuser might pick up the call and retaliate against the victim.\u003c/p>\n\u003cp>In the second place, Hanusa said, the victim \"needs to have autonomy and self-efficacy. If you preempt that you are dis-empowering them.\"\u003c/p>\n\u003cp>In many states, even health care workers are not required to report evidence of abuse against non-elderly adults, he pointed out.\u003c/p>\n\u003cp>Conversely, many jurisdictions require that police make an arrest if there is probable cause of domestic violence, even if the alleged victim sides with the alleged abuser. That's because victims are often afraid to testify against their abusers, may still be attached emotionally, or may be economically dependent on them, Hanusa said.\u003c/p>\n\u003cp>But domestic violence counselors don't always refrain from contacting alleged victims, said Kathleen Krenek, executive director of San Jose's Next Door Solutions to Domestic Violence. \"We want everything to be in her power and control, but it's not such a hard-and-fast rule.\"\u003c/p>\n\u003cp>For example if her agency hears from a third party -- such as a sister -- that someone is being abused and doesn't have the will to get help, a counselor might try to find a safe way of calling, disguising the call if necessary to keep the abuser from finding out.\u003c/p>\n\u003cp>She pointed out that Mirkarimi might not know if a domestic violence counselor contacted Lopez. \"She might not be comfortable telling him,\" said Krenek.\u003c/p>\n\u003cp>But shouldn't the district attorney's office have offered Lopez help or asked her side of the story?\u003c/p>\n\u003cp>In fact it did, said Alex Bastian, a spokesman for San Francisco Attorney George Gascón. \"A victim service advocate was assigned,\" he said. Advocates offer assistance to alleged victims, and also take evidence, including whatever statements the victims want to make. But Lopez's attorney told the advocate to stop trying to contact Lopez, Bastian said.\u003c/p>\n\u003cp>After that, DA's staff approached Lopez in court and in the presence of Lopez's attorney, he said, providing her with a \"safety plan\" in case she felt herself to be in danger, and with the business card of an assistant district attorney who spoke Spanish, Lopez's first language.\u003c/p>\n\u003cp>Mirkarimi did not return our call seeking to clarify his comments. Our call to the San Francisco Domestic Violence Consortium also went unanswered, and Kathy Black, of Casa de las Madres, said she was not able to comment. But she \u003ca href=\"http://www.sfgate.com/bayarea/article/Victims-advocates-decry-Mirkarimi-outcome-3948532.php#ixzz29Um53yml\">said to the Chronicle\u003c/a> after the vote that \"Right now, I've seen a lot of high fives. That doesn't feel too humble or like he's taking it too seriously to me.\u003c/p>\n\u003cp>And others who work on domestic violence issues said they were concerned about the effect of Mirkirimi's reinstatement. \"I think part of the fallout is that battered women are going to be much less likely to call the police,\" said Nancy Lemon, who teaches domestic violence law at the University of California, Berkeley, and served as an expert witness in both Mirkirimi's criminal case and the Ethics Commission hearing. \"It may have an effect on batterers who will be told that it's not a big deal, that it's a private family matter.\"\u003c/p>\n\u003cp>Krenek, who attended the Board of Supervisors Meeting, said she was disturbed by comments she heard in the halls minimizing the incident in which Mirkarimi injured Lopez.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"To me it was like what we used to hear 20 years ago,\" she said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Laird Harrison and Jon Brooks\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_78229\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi-and-Lopez.jpg\">\u003cimg class=\"size-medium wp-image-78229\" title=\"Mirkarimi and Lopez\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi-and-Lopez-300x257.jpg\" alt=\"\" width=\"300\" height=\"257\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (far left) and Eliana Lopez were jubilant after a vote by the San Francisco Board of Supervisors left him in office as sheriff. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>We fully understand that many San Franciscans would rather repeatedly watch last year's video of Buster Posey getting his leg broken than delve further into the Ross Mirkarimi situation. But it appears, even after last week's climax of a vote to deny the mayor's move to oust the sheriff from office, that the old Yogi Berra maxim of \"It ain't over till it's over\" is going to apply for the foreseeable future.\u003c/p>\n\u003cp>Last Wednesday, for instance, San Francisco DA George Gascon \u003ca href=\"http://ww2.kqed.org/news/2012/10/10/sf-da-gascon-calls-on-mirkarimi-to-recuse-himself-from-domestic-violence-duties/\">called on Mirkarimi to recuse himself from any official duties related to domestic violence\u003c/a>, saying that \"at a minimum,\" he is \"incapable of adequately performing the functions of his office that relate to crimes of domestic violence.\" Meanwhile, Supervisor Jane Kim, one of the four votes on the Board against removing Mirkarimi from office, issued a \u003ca href=\"http://us1.campaign-archive2.com/?u=c161bfa7ff9163061f62e888f&id=51d23a6fcb\">statement on her web site\u003c/a> that \"the electorate has every right to recall the Sheriff, an action which I would support.\" Supervisor Malia Cohen, who voted for removal, has \u003ca href=\"http://www.ktvu.com/news/news/local-govt-politics/another-supervisor-expresses-support-potential-mir/nSdgb/\">said she would also support a recall.\u003c/a> And the \u003ca href=\"http://blog.sfgate.com/cityinsider/2012/10/10/lee-adviser-mirkarimi-is-a-wife-beater/\">Chronicle reported\u003c/a> that Tony Winnicker, Ed Lee's former press secretary and a current mayoral adviser, called Mirkarimi a \"wife-beater\" on his Facebook page. Winnicker also sent Supervisor Christina Olague, who was appointed by Lee but failed to reward her political patron with a \"Yes\" vote on ousting the sheriff, a nasty text:\u003c/p>\n\u003cp>\"As your constituent, you disgust me,\" the \u003ca href=\"http://www.sfgate.com/bayarea/article/Mirkarimi-fight-leaves-deep-political-scars-3941659.php#page-2\">Chron reports Winnicker\u003c/a> as saying. \"You are the most ungrateful and dishonorable person ever to serve on the board. You should resign in disgrace.\" \u003c!--more-->Mirkarimi, for his part, didn't exactly tamp down the rhetoric on his \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">appearance on KQED Public Radio's Forum show\u003c/a> last week when he made the following statements about some of the institutional forces that have both prosecuted and lobbied against him:\u003c/p>\n\u003cp>\"To this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use,\" Mirkarimi said, alluding to his wife, Eliana Lopez. \"The narrative that Eliana has not fallen into is what's bothered them, which is why I think they've intensified their attacks.\" (Lopez herself wrote in a\u003ca href=\"http://www.sfgate.com/opinion/openforum/article/Ross-Mirkarimi-s-wife-gives-her-side-of-story-3463213.php\"> San Francisco Chronicle piece\u003c/a> in April that \"From the beginning, my public voice has been ignored and treated as irrelevant.\")\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So we wondered: Should law enforcement and/or domestic violence workers have tried to contact Lopez?\u003c/p>\n\u003cp>To recap the situation: a neighbor videotaped Lopez saying that Mirkarimi had bruised her arm in an argument on New Year's Eve, 2012. Police arrested the sheriff and separated him from Lopez and their son, but Lopez said she had no complaint against him and wanted to be reunited. Mirkarimi eventually pleaded guilty to falsely imprisoning Lopez.\u003c/p>\n\u003cp>We called an expert far from the hue and cry of San Francisco to see what\u003c/p>\n\u003cp>Darald Hanusa is a PhD psychotherapist who specializes in domestic violence, and he lectures on the subject at the University of Wisconsin. Hanusa says that victims' advocates had excellent reasons for not asking Lopez how they could help.\u003c/p>\n\u003cp>\"Most agencies that deal with domestic violence are very careful not to cross boundaries and reach out to victims if their help is not wanted,\" she said. \"It's a matter of safety and it's a matter of respect for the individual's autonomy.\"\u003c/p>\n\u003cp>Hanusa said domestic violence workers long ago decided that they shouldn't pick up the phone until the victim calls them. In the first place, an abuser might pick up the call and retaliate against the victim.\u003c/p>\n\u003cp>In the second place, Hanusa said, the victim \"needs to have autonomy and self-efficacy. If you preempt that you are dis-empowering them.\"\u003c/p>\n\u003cp>In many states, even health care workers are not required to report evidence of abuse against non-elderly adults, he pointed out.\u003c/p>\n\u003cp>Conversely, many jurisdictions require that police make an arrest if there is probable cause of domestic violence, even if the alleged victim sides with the alleged abuser. That's because victims are often afraid to testify against their abusers, may still be attached emotionally, or may be economically dependent on them, Hanusa said.\u003c/p>\n\u003cp>But domestic violence counselors don't always refrain from contacting alleged victims, said Kathleen Krenek, executive director of San Jose's Next Door Solutions to Domestic Violence. \"We want everything to be in her power and control, but it's not such a hard-and-fast rule.\"\u003c/p>\n\u003cp>For example if her agency hears from a third party -- such as a sister -- that someone is being abused and doesn't have the will to get help, a counselor might try to find a safe way of calling, disguising the call if necessary to keep the abuser from finding out.\u003c/p>\n\u003cp>She pointed out that Mirkarimi might not know if a domestic violence counselor contacted Lopez. \"She might not be comfortable telling him,\" said Krenek.\u003c/p>\n\u003cp>But shouldn't the district attorney's office have offered Lopez help or asked her side of the story?\u003c/p>\n\u003cp>In fact it did, said Alex Bastian, a spokesman for San Francisco Attorney George Gascón. \"A victim service advocate was assigned,\" he said. Advocates offer assistance to alleged victims, and also take evidence, including whatever statements the victims want to make. But Lopez's attorney told the advocate to stop trying to contact Lopez, Bastian said.\u003c/p>\n\u003cp>After that, DA's staff approached Lopez in court and in the presence of Lopez's attorney, he said, providing her with a \"safety plan\" in case she felt herself to be in danger, and with the business card of an assistant district attorney who spoke Spanish, Lopez's first language.\u003c/p>\n\u003cp>Mirkarimi did not return our call seeking to clarify his comments. Our call to the San Francisco Domestic Violence Consortium also went unanswered, and Kathy Black, of Casa de las Madres, said she was not able to comment. But she \u003ca href=\"http://www.sfgate.com/bayarea/article/Victims-advocates-decry-Mirkarimi-outcome-3948532.php#ixzz29Um53yml\">said to the Chronicle\u003c/a> after the vote that \"Right now, I've seen a lot of high fives. That doesn't feel too humble or like he's taking it too seriously to me.\u003c/p>\n\u003cp>And others who work on domestic violence issues said they were concerned about the effect of Mirkirimi's reinstatement. \"I think part of the fallout is that battered women are going to be much less likely to call the police,\" said Nancy Lemon, who teaches domestic violence law at the University of California, Berkeley, and served as an expert witness in both Mirkirimi's criminal case and the Ethics Commission hearing. \"It may have an effect on batterers who will be told that it's not a big deal, that it's a private family matter.\"\u003c/p>\n\u003cp>Krenek, who attended the Board of Supervisors Meeting, said she was disturbed by comments she heard in the halls minimizing the incident in which Mirkarimi injured Lopez.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"To me it was like what we used to hear 20 years ago,\" she said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Clipper Cards Reveal Travelers' Whereabouts to Police, Lawyers, Apps",
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"content": "\u003cp>by Zusha Elinson, \u003ca href=\"http://www.baycitizen.org/transportation/story/clipper-cards-reveal-travelers-police/\">The Bay Citizen\u003c/a>\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo3.png\">\u003cimg class=\"alignleft size-full wp-image-78325\" title=\"BayCitizenLogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo3.png\" alt=\"\" width=\"218\" height=\"74\">\u003c/a>San Francisco police arrested Marcel Largaespada on April 30 after a gunpoint robbery at a Lombard Street business, but they couldn’t catch his alleged accomplice, Alan McCahill.\u003c/p>\n\u003cp>McCahill gave officers the slip, investigators believed, by hopping on a Muni bus.\u003c/p>\n\u003cp>He was caught days later. To try to place McCahill at the scene, prosecutors subpoenaed the information from his Clipper card, which they believed he’d used to pay his bus fare.\u003c/p>\n\u003cp>The request for McCahill’s travel record was one of the rare occasions that police or lawyers have sought to use the Clipper card database to track the whereabouts of a cardholder.\u003c/p>\n\u003cfigure id=\"attachment_78323\" class=\"wp-caption alignright\" style=\"max-width: 235px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/clipper-card-scott-james-the-bay-citizen.jpg\">\u003cimg class=\"size-full wp-image-78323\" title=\"clipper card scott james the bay citizen\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/clipper-card-scott-james-the-bay-citizen.jpg\" alt=\"\" width=\"235\" height=\"230\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Clipper card (Scott James/The Bay Citizen)\u003c/figcaption>\u003c/figure>\n\u003cp>According to the Metropolitan Transportation Commission, which administers the card, it has received three search warrants or subpoenas seeking customers’ personal travel information since the card’s inception in 2010. In only one of those cases did the search turn up any relevant travel information, according to the commission’s response to a public records request from The Bay Citizen.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Use of the card, accepted by every major Bay Area public transit system, is soaring with 689,000 transactions a day and more than 1 million active Clipper cards. Many cardholders might not realize that data tracking their every move on public transit is stored on computers and available to anyone with a search warrant or subpoena. Personal data can be stored for seven years after a Clipper account is closed, according to the commission’s policy.\u003c/p>\n\u003cp>In addition, a new smartphone app, called FareBot, allows anyone to scan a Clipper card and find out where the owner has been.\u003c!--more-->\u003c/p>\n\u003cp>Privacy advocates say the transportation commission should not store data on individuals’ locations.\u003c/p>\n\u003cp>“As with all location information, Clipper cards can tell quite a bit about a person – it could show that a person got off BART at a rally,” said Chris Conley, an attorney with the American Civil Liberties Union on Northern California. “Clipper is one place that collects this data that people might not really be aware of.”\u003c/p>\n\u003cp>John Goodwin, a spokesman for the Metropolitan Transportation Commission, said that three search warrants or subpoenas was a relatively low number and that people’s private information is well protected.\u003c/p>\n\u003cp>“Absent a subpoena or a search warrant, we would not turn over any information,” Goodwin said.\u003c/p>\n\u003cp>Transit riders can remain anonymous if they pay for a Clipper card in cash and do not register it, he noted. People who don’t register stand to lose any money on their card if it is lost, stolen or stops working.\u003c/p>\n\u003cp>As for the new app that scans Clipper cards for travel information, Goodwin said he was “completely unconcerned” because there is “no personally identifiable information on the card.” He said Clipper might even roll out a similar app so people can access their travel history.\u003c/p>\n\u003cp>In the case of the robbery getaway, prosecutors wrote in the subpoena that McCahill “is believed to have used his Clipper card to escape from police.” But it turned out that the suspect had not used the card to pay his fare – or perhaps had not traveled on Muni at all. The Metropolitan Transportation Commission didn’t have any data related to McCahill’s alleged escape, said Pam Grove, a commission spokeswoman. The case is ongoing.\u003c/p>\n\u003cp>In another case, an attorney for the family of a man who died after a fall on a Muni Metro train sought Clipper card records to determine which train he was riding. Hin Don, 81, fell after the operator of the M line allegedly jerked the train forward before the elderly man could sit down. Don suffered bleeding in his brain and went into a coma for a month before dying Dec. 25, 2011.\u003c/p>\n\u003cp>Chuck Geerhart, a lawyer for Don’s family, sued the city. Geerhart said he wanted to depose the train operator, but the city wouldn’t tell him which train or operator was involved. For that reason, he said he subpoenaed Don’s Clipper card information to find out which train he’d been riding. The Metropolitan Transportation Commission handed over the information, and Geerhart plans to depose the train operator.\u003c/p>\n\u003cp>In the third instance, a San Francisco police officer obtained a search warrant seeking information about the credit card that an unnamed person used to purchase a Clipper card, saying it could help in the investigation of an unspecified felony. The police also asked for “dates and exact times and exact locations where this Clipper card was used.” A police spokesman declined to comment on the warrant. Grove said the transportation commission didn’t have any information to turn over.\u003c/p>\n\u003cp>Civil rights advocates say there might be few requests for Clipper card information because law enforcement officials have easy access to cellphone location data. Cellphone tracking is on the rise, and police often can get the information without a warrant, the ACLU’s Conley said.\u003c/p>\n\u003cp>In 2010, California enacted a law limiting the use of data collected on bridges and toll roads through FasTrak devices, but Clipper cards were not included in the legislation.\u003c/p>\n\u003cp>The FareBot app has been put to use by travelers who want to check their balance or see where they've been. Eric Butler, the software developer behind FareBot, said he was \"a little surprised\" to find that a person's entire travel history is stored on his or her Clipper card.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"You can read them from some distance, so it is possible that somebody could brush their phone on your back pocket and they could know where you live, where you shop and quite a bit about your life,\" he said.\u003cbr>\n\u003cem>\u003cbr>\nThis story was produced by The Bay Citizen, a project of the Center for Investigative Reporting. Learn more at www.baycitizen.org.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Zusha Elinson, \u003ca href=\"http://www.baycitizen.org/transportation/story/clipper-cards-reveal-travelers-police/\">The Bay Citizen\u003c/a>\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo3.png\">\u003cimg class=\"alignleft size-full wp-image-78325\" title=\"BayCitizenLogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/BayCitizenLogo3.png\" alt=\"\" width=\"218\" height=\"74\">\u003c/a>San Francisco police arrested Marcel Largaespada on April 30 after a gunpoint robbery at a Lombard Street business, but they couldn’t catch his alleged accomplice, Alan McCahill.\u003c/p>\n\u003cp>McCahill gave officers the slip, investigators believed, by hopping on a Muni bus.\u003c/p>\n\u003cp>He was caught days later. To try to place McCahill at the scene, prosecutors subpoenaed the information from his Clipper card, which they believed he’d used to pay his bus fare.\u003c/p>\n\u003cp>The request for McCahill’s travel record was one of the rare occasions that police or lawyers have sought to use the Clipper card database to track the whereabouts of a cardholder.\u003c/p>\n\u003cfigure id=\"attachment_78323\" class=\"wp-caption alignright\" style=\"max-width: 235px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/clipper-card-scott-james-the-bay-citizen.jpg\">\u003cimg class=\"size-full wp-image-78323\" title=\"clipper card scott james the bay citizen\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/clipper-card-scott-james-the-bay-citizen.jpg\" alt=\"\" width=\"235\" height=\"230\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Clipper card (Scott James/The Bay Citizen)\u003c/figcaption>\u003c/figure>\n\u003cp>According to the Metropolitan Transportation Commission, which administers the card, it has received three search warrants or subpoenas seeking customers’ personal travel information since the card’s inception in 2010. In only one of those cases did the search turn up any relevant travel information, according to the commission’s response to a public records request from The Bay Citizen.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Use of the card, accepted by every major Bay Area public transit system, is soaring with 689,000 transactions a day and more than 1 million active Clipper cards. Many cardholders might not realize that data tracking their every move on public transit is stored on computers and available to anyone with a search warrant or subpoena. Personal data can be stored for seven years after a Clipper account is closed, according to the commission’s policy.\u003c/p>\n\u003cp>In addition, a new smartphone app, called FareBot, allows anyone to scan a Clipper card and find out where the owner has been.\u003c!--more-->\u003c/p>\n\u003cp>Privacy advocates say the transportation commission should not store data on individuals’ locations.\u003c/p>\n\u003cp>“As with all location information, Clipper cards can tell quite a bit about a person – it could show that a person got off BART at a rally,” said Chris Conley, an attorney with the American Civil Liberties Union on Northern California. “Clipper is one place that collects this data that people might not really be aware of.”\u003c/p>\n\u003cp>John Goodwin, a spokesman for the Metropolitan Transportation Commission, said that three search warrants or subpoenas was a relatively low number and that people’s private information is well protected.\u003c/p>\n\u003cp>“Absent a subpoena or a search warrant, we would not turn over any information,” Goodwin said.\u003c/p>\n\u003cp>Transit riders can remain anonymous if they pay for a Clipper card in cash and do not register it, he noted. People who don’t register stand to lose any money on their card if it is lost, stolen or stops working.\u003c/p>\n\u003cp>As for the new app that scans Clipper cards for travel information, Goodwin said he was “completely unconcerned” because there is “no personally identifiable information on the card.” He said Clipper might even roll out a similar app so people can access their travel history.\u003c/p>\n\u003cp>In the case of the robbery getaway, prosecutors wrote in the subpoena that McCahill “is believed to have used his Clipper card to escape from police.” But it turned out that the suspect had not used the card to pay his fare – or perhaps had not traveled on Muni at all. The Metropolitan Transportation Commission didn’t have any data related to McCahill’s alleged escape, said Pam Grove, a commission spokeswoman. The case is ongoing.\u003c/p>\n\u003cp>In another case, an attorney for the family of a man who died after a fall on a Muni Metro train sought Clipper card records to determine which train he was riding. Hin Don, 81, fell after the operator of the M line allegedly jerked the train forward before the elderly man could sit down. Don suffered bleeding in his brain and went into a coma for a month before dying Dec. 25, 2011.\u003c/p>\n\u003cp>Chuck Geerhart, a lawyer for Don’s family, sued the city. Geerhart said he wanted to depose the train operator, but the city wouldn’t tell him which train or operator was involved. For that reason, he said he subpoenaed Don’s Clipper card information to find out which train he’d been riding. The Metropolitan Transportation Commission handed over the information, and Geerhart plans to depose the train operator.\u003c/p>\n\u003cp>In the third instance, a San Francisco police officer obtained a search warrant seeking information about the credit card that an unnamed person used to purchase a Clipper card, saying it could help in the investigation of an unspecified felony. The police also asked for “dates and exact times and exact locations where this Clipper card was used.” A police spokesman declined to comment on the warrant. Grove said the transportation commission didn’t have any information to turn over.\u003c/p>\n\u003cp>Civil rights advocates say there might be few requests for Clipper card information because law enforcement officials have easy access to cellphone location data. Cellphone tracking is on the rise, and police often can get the information without a warrant, the ACLU’s Conley said.\u003c/p>\n\u003cp>In 2010, California enacted a law limiting the use of data collected on bridges and toll roads through FasTrak devices, but Clipper cards were not included in the legislation.\u003c/p>\n\u003cp>The FareBot app has been put to use by travelers who want to check their balance or see where they've been. Eric Butler, the software developer behind FareBot, said he was \"a little surprised\" to find that a person's entire travel history is stored on his or her Clipper card.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"You can read them from some distance, so it is possible that somebody could brush their phone on your back pocket and they could know where you live, where you shop and quite a bit about your life,\" he said.\u003cbr>\n\u003cem>\u003cbr>\nThis story was produced by The Bay Citizen, a project of the Center for Investigative Reporting. Learn more at www.baycitizen.org.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Oakland Police Officers Disciplined for Occupy Protest Misconduct",
"title": "Oakland Police Officers Disciplined for Occupy Protest Misconduct",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_78237\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130-300x199.jpg\" alt=\"\" title=\"Police officers stand their ground to su\" width=\"300\" height=\"199\" class=\"size-medium wp-image-78237\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Police officers stand their ground to surround protesters from Occupy Oakland during a march on January 28, 2012. (Kimihiro Hoshino/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND, Calif. (AP) — Two police officers should be fired and another 42 officers disciplined for misconduct during the Occupy Oakland protests that turned violent late last year and in January, city leaders said Friday.\u003c/p>\n\u003cp>The early findings come from a police internal affairs investigation triggered by more than 1,100 complaints issued against officers following the three major protests, police Chief Howard Jordan said.\u003c/p>\n\u003cp>An internal affairs investigation has found that 44 officers committed some sort of misconduct, ranging from use of excessive force to failing to turn on their tiny video cameras attached to their uniforms, Jordan said.\u003c/p>\n\u003cp>Jordan recommended that the two officers be fired, another one demoted and 15 others suspended. Another 23 officers were given written reprimands and three others were ordered to undergo counseling and training, Jordan said.\u003c/p>\n\u003cp>\"I've taken action to hold them accountable,\" he said at a briefing for several reporters. \"Because in the end, I want our officers to exercise good constitutional policing.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nIn June, an independent study reported that police were ill-equipped to handle a violent protest on Oct. 25 because of inadequate staffing, poor planning and training.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The protest came hours after officers cleared Occupy Oakland's encampment in front of City Hall. Police fired tear gas canisters and beanbag projectiles and some demonstrators threw glass and other objects.\u003c/p>\n\u003cp>Critics and residents complained about the police response that night, most notably after protester Scott Olsen was struck by a police beanbag and received a fractured skull that resulted in a brain injury and speech problems.\u003c/p>\n\u003cp>With Mayor Jean Quan and City Administrator Deanna Santana alongside, Jordan acknowledged Friday that an Oakland police officer fired a bean bag at Olsen and that another officer fired a gas canister at the crowd while some were attending to Olsen, who lay bleeding on the street.\u003c/p>\n\u003cp>Olsen, an Iraqi war veteran, is considering a lawsuit against the city.\u003c/p>\n\u003cp>\"I think it's gratifying that the authorities in Oakland are taking some meaningful action,\" his lawyer, Mark Martel, said Friday.\u003c/p>\n\u003cp>Friday's announcement also comes a week after lawyers overseeing the terms of a settlement resulting from a decade-old Oakland police corruption scandal filed a motion requesting that the federal government take over the embattled department. A hearing is scheduled in December.\u003c/p>\n\u003cp>City officials say the majority of the misconduct occurred during three major Occupy-related protests. That includes after officers cleared an encampment on Oct. 25 outside City Hall and a \"General Strike\" on Nov. 2 that attracted several thousand people and led to a shutdown of the Port of Oakland.\u003c/p>\n\u003cp>A third protest on Jan. 28 turned violent and led to more than 400 arrests after protesters damaged property inside City Hall, burned an American flag and tried taking over a vacant convention center.\u003c/p>\n\u003cp>Complaints have led to about 150 different cases, and a number of those cases have turned into criminal investigations that are being handled by the Alameda County District Attorney's office and the FBI, Jordan said.\u003c/p>\n\u003cp>City officials wouldn't release the names of the officers who are being disciplined, citing confidentiality. The two officers facing possible termination were on paid leave and the others facing suspension haven't been disciplined. They all have a right to a hearing under state law, Jordan said.\u003c/p>\n\u003cp>Quan said she believes that many will be \"surprised\" by the number of disciplinary actions that have been recommended.\u003c/p>\n\u003cp>\"Following the Oct. 25 protest, I apologized because we had made mistakes,\" the mayor said. \"We have some officers who have not followed correct procedures and in many cases we had to retrain them on that. Most officers follow the rules.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jordan said those corrections were evident during a May 1 protest that resulted in nine complaints against the police. None of those complaints has led to a finding of misconduct.\u003c/p>\n\n",
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"description": "OAKLAND, Calif. (AP) — Two police officers should be fired and another 42 officers disciplined for misconduct during the Occupy Oakland protests that turned violent late last year and in January, city leaders said Friday. The early findings come from a police internal affairs investigation triggered by more than 1,100 complaints issued against officers following",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_78237\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130-300x199.jpg\" alt=\"\" title=\"Police officers stand their ground to su\" width=\"300\" height=\"199\" class=\"size-medium wp-image-78237\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Police officers stand their ground to surround protesters from Occupy Oakland during a march on January 28, 2012. (Kimihiro Hoshino/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND, Calif. (AP) — Two police officers should be fired and another 42 officers disciplined for misconduct during the Occupy Oakland protests that turned violent late last year and in January, city leaders said Friday.\u003c/p>\n\u003cp>The early findings come from a police internal affairs investigation triggered by more than 1,100 complaints issued against officers following the three major protests, police Chief Howard Jordan said.\u003c/p>\n\u003cp>An internal affairs investigation has found that 44 officers committed some sort of misconduct, ranging from use of excessive force to failing to turn on their tiny video cameras attached to their uniforms, Jordan said.\u003c/p>\n\u003cp>Jordan recommended that the two officers be fired, another one demoted and 15 others suspended. Another 23 officers were given written reprimands and three others were ordered to undergo counseling and training, Jordan said.\u003c/p>\n\u003cp>\"I've taken action to hold them accountable,\" he said at a briefing for several reporters. \"Because in the end, I want our officers to exercise good constitutional policing.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nIn June, an independent study reported that police were ill-equipped to handle a violent protest on Oct. 25 because of inadequate staffing, poor planning and training.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The protest came hours after officers cleared Occupy Oakland's encampment in front of City Hall. Police fired tear gas canisters and beanbag projectiles and some demonstrators threw glass and other objects.\u003c/p>\n\u003cp>Critics and residents complained about the police response that night, most notably after protester Scott Olsen was struck by a police beanbag and received a fractured skull that resulted in a brain injury and speech problems.\u003c/p>\n\u003cp>With Mayor Jean Quan and City Administrator Deanna Santana alongside, Jordan acknowledged Friday that an Oakland police officer fired a bean bag at Olsen and that another officer fired a gas canister at the crowd while some were attending to Olsen, who lay bleeding on the street.\u003c/p>\n\u003cp>Olsen, an Iraqi war veteran, is considering a lawsuit against the city.\u003c/p>\n\u003cp>\"I think it's gratifying that the authorities in Oakland are taking some meaningful action,\" his lawyer, Mark Martel, said Friday.\u003c/p>\n\u003cp>Friday's announcement also comes a week after lawyers overseeing the terms of a settlement resulting from a decade-old Oakland police corruption scandal filed a motion requesting that the federal government take over the embattled department. A hearing is scheduled in December.\u003c/p>\n\u003cp>City officials say the majority of the misconduct occurred during three major Occupy-related protests. That includes after officers cleared an encampment on Oct. 25 outside City Hall and a \"General Strike\" on Nov. 2 that attracted several thousand people and led to a shutdown of the Port of Oakland.\u003c/p>\n\u003cp>A third protest on Jan. 28 turned violent and led to more than 400 arrests after protesters damaged property inside City Hall, burned an American flag and tried taking over a vacant convention center.\u003c/p>\n\u003cp>Complaints have led to about 150 different cases, and a number of those cases have turned into criminal investigations that are being handled by the Alameda County District Attorney's office and the FBI, Jordan said.\u003c/p>\n\u003cp>City officials wouldn't release the names of the officers who are being disciplined, citing confidentiality. The two officers facing possible termination were on paid leave and the others facing suspension haven't been disciplined. They all have a right to a hearing under state law, Jordan said.\u003c/p>\n\u003cp>Quan said she believes that many will be \"surprised\" by the number of disciplinary actions that have been recommended.\u003c/p>\n\u003cp>\"Following the Oct. 25 protest, I apologized because we had made mistakes,\" the mayor said. \"We have some officers who have not followed correct procedures and in many cases we had to retrain them on that. Most officers follow the rules.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jordan said those corrections were evident during a May 1 protest that resulted in nine complaints against the police. None of those complaints has led to a finding of misconduct.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "heres-how-oakland-thinks-it-can-stop-the-u-s-from-shutting-pot-dispensaries",
"title": "Here's How Oakland Thinks it Can Stop The U.S. From Shutting Pot Dispensaries",
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"headTitle": "Here’s How Oakland Thinks it Can Stop The U.S. From Shutting Pot Dispensaries | KQED",
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"content": "\u003cp>In a lawsuit filed Wednesday, the cash-poor city of Oakland is trying to make the mighty United States of America stop enforcing its laws against the sale of marijuana. We wondered on what basis the city expects to prevail.\u003c/p>\n\u003cfigure id=\"attachment_78086\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Harborside-press-conference.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-78086\" title=\"Harborside press conference\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Harborside-press-conference-300x224.jpg\" alt=\"\" width=\"300\" height=\"224\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Harborside management held a press conference to denounce the federal lawsuit against it. (Caitlin Esch/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The answer comes from the legal concept estoppel, which in plain English means something like “a promise is a promise.”\u003c/p>\n\u003cp>The city is arguing that U.S. officials — including President Barack Obama — said they would not stop dispensaries from selling pot if the dispensaries comply with state and local law. So Oakland invested a lot of money and staff time in to setting up a regulatory system for the dispensaries. And now the feds are legally obligated to keep their word and leave these pot sellers alone, Oakland officials say.\u003c/p>\n\u003cp>“We’re concerned that the government through its action and inaction caused the city to rely on the fact that we could proceed to dedicate the resources that we did to set up this dispensary system,” Oakland City Attorney Parker told us.\u003c!--more-->\u003c/p>\n\u003cp>On Oct. 19, 2009, U.S. Attorney General Eric Holder announced \u003ca href=\"http://blogs.justice.gov/main/archives/192\">guidelines\u003c/a> that his department would use in enforcing the U.S. laws making marijuana illegal:\u003c/p>\n\u003cblockquote>\u003cp>As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.\u003c/p>\u003c/blockquote>\n\u003cp>But the government continued to prosecute some cases, and in 2011 began a series of high-profile raids and legal actions against large dispensaries, including some of the best-known marijuana businesses in Oakland.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>Read \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/oakland-lawsuit-against-US-2012-10-10-complaint.pdf\">the text of Oakland’s lawsuit against the U.S.\u003c/a>.\u003c/p>\n\u003c/aside>\n\u003cp>On March 15, Melinda Haag, U.S. Attorney for Northern California, \u003ca href=\"http://ww2.kqed.org/news/2012/03/15/interview-w-us-attorney-haag-on-pot-operations-if-its-close-to-children-thats-a-line-were-going-to-draw/\">told KQED’s Michael Montgomery \u003c/a>that her office was flooded with complaints about marijuana dispensaries, and that the Oct. 19 memo didn’t mean marijuana that comply with state and local law would not be prosecuted. She said federal agents would focus on marijuana businesses close to schools and other places children gather.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On July 11, workers arrived at Harborside Health Center in downtown Oakland — which is billed as the largest pot dispensary in the world, but is not near a children’s school — to find notices taped to the door saying that the U.S. government had filed suit to seize the building.\u003c/p>\n\u003cp>The change in policy is hurting Oakland in several ways, Parker told us. Crime related to marijuana has dropped since regulated dispensaries opened up, she said. “That’s my understanding, that now that people can buy this safely and affordably through this regulated dispensary process we don’t have the crime that would be associated with them attempting to do the same thing on the illegal market,” she said.\u003c/p>\n\u003cp>In addition, the city is harmed because patients who need marijuana won’t be able to get it safely, she said. “We think it is vital for this continue, otherwise these patients would be left to their own devices to buy this vital medicine on the black market, which would endanger their lives.”\u003c/p>\n\u003cp>The city made a big investment in regulating marijuana, said Cedric Chao, who is acting as outside counsel to the city on the lawsuit. The city requires dispensaries to submit business plans, submit to audits and background checks, hire security, install lighting and cameras in parking lots, among other regulations. The dispensaries even have to furnish samples of marijuana to outside laboratories that verify the quality, he said.\u003c/p>\n\u003cp>The city expects to collect $1.4 million in taxes from dispensaries in 2012, said Chao, and loss of this revenue is another way in which it would be harmed by shuttering them.\u003c/p>\n\u003cp>Another legal basis for the lawsuit is the city’s claim that the statute of limitation has expired for the prosecution. Prosecutors must act within five years of the time they become aware of a crime, said Chao.\u003c/p>\n\u003cp>The city is asking Judge Maria Elena James of the U.S. District Court for Northern California to stop the federal government from shutting dispensaries that comply with the law. It is not seeking damages.\u003c/p>\n\u003cp>The City Council authorized the lawsuit last week, and Parker filed it Wednesday. The first court date, a case management conference, is scheduled for Jan. 10 2013. The federal government has 60 days to respond, said Chao.\u003c/p>\n\u003cp>Calls to U.S. Northern California Attorney Melinda Haag’s office, and to the Department of Justice, were not returned.\u003c/p>\n\u003cp>Oakland has not been in touch with any other local governments considering any similar actions, Parker said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But Kevin A. Sabet, a former advisor to the Obama administration drug policy director Gil Kerlikowske told Reuters that Oakland’s marijuana policy is misguided:\u003c/p>\n\u003cblockquote>\u003cp>This lawsuit is just the latest bizarre twist in California’s laughable medical marijuana program, a system where over 95% of users have no life threatening illness. If Oakland really cared about getting marijuana’s medical value to the truly sick and dying, they would be applying for research studies to explore the potential medical benefit of marijuana’s components for those with cancer pain or a terminal illness, as called for by the Institute of Medicine and American Medical Association. The current system, where the average user is a 32-year-old male with a history of drug abuse and no chronic illness is a sad joke.\u003c/p>\u003c/blockquote>\n\n",
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"description": "In a lawsuit filed Wednesday, the cash-poor city of Oakland is trying to make the mighty United States of America stop enforcing its laws against the sale of marijuana. We wondered on what basis the city expects to prevail. The answer comes from the legal concept estoppel, which in plain English means something like "a promise is a promise." The city is arguing that U.S. officials -- including President Barack Obama -- said they would not stop dispensaries from selling pot if the dispensaries comply with state and local law. So Oakland invested a lot of money and staff time",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a lawsuit filed Wednesday, the cash-poor city of Oakland is trying to make the mighty United States of America stop enforcing its laws against the sale of marijuana. We wondered on what basis the city expects to prevail.\u003c/p>\n\u003cfigure id=\"attachment_78086\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Harborside-press-conference.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-78086\" title=\"Harborside press conference\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Harborside-press-conference-300x224.jpg\" alt=\"\" width=\"300\" height=\"224\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Harborside management held a press conference to denounce the federal lawsuit against it. (Caitlin Esch/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The answer comes from the legal concept estoppel, which in plain English means something like “a promise is a promise.”\u003c/p>\n\u003cp>The city is arguing that U.S. officials — including President Barack Obama — said they would not stop dispensaries from selling pot if the dispensaries comply with state and local law. So Oakland invested a lot of money and staff time in to setting up a regulatory system for the dispensaries. And now the feds are legally obligated to keep their word and leave these pot sellers alone, Oakland officials say.\u003c/p>\n\u003cp>“We’re concerned that the government through its action and inaction caused the city to rely on the fact that we could proceed to dedicate the resources that we did to set up this dispensary system,” Oakland City Attorney Parker told us.\u003c!--more-->\u003c/p>\n\u003cp>On Oct. 19, 2009, U.S. Attorney General Eric Holder announced \u003ca href=\"http://blogs.justice.gov/main/archives/192\">guidelines\u003c/a> that his department would use in enforcing the U.S. laws making marijuana illegal:\u003c/p>\n\u003cblockquote>\u003cp>As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.\u003c/p>\u003c/blockquote>\n\u003cp>But the government continued to prosecute some cases, and in 2011 began a series of high-profile raids and legal actions against large dispensaries, including some of the best-known marijuana businesses in Oakland.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>Read \u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/oakland-lawsuit-against-US-2012-10-10-complaint.pdf\">the text of Oakland’s lawsuit against the U.S.\u003c/a>.\u003c/p>\n\u003c/aside>\n\u003cp>On March 15, Melinda Haag, U.S. Attorney for Northern California, \u003ca href=\"http://ww2.kqed.org/news/2012/03/15/interview-w-us-attorney-haag-on-pot-operations-if-its-close-to-children-thats-a-line-were-going-to-draw/\">told KQED’s Michael Montgomery \u003c/a>that her office was flooded with complaints about marijuana dispensaries, and that the Oct. 19 memo didn’t mean marijuana that comply with state and local law would not be prosecuted. She said federal agents would focus on marijuana businesses close to schools and other places children gather.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On July 11, workers arrived at Harborside Health Center in downtown Oakland — which is billed as the largest pot dispensary in the world, but is not near a children’s school — to find notices taped to the door saying that the U.S. government had filed suit to seize the building.\u003c/p>\n\u003cp>The change in policy is hurting Oakland in several ways, Parker told us. Crime related to marijuana has dropped since regulated dispensaries opened up, she said. “That’s my understanding, that now that people can buy this safely and affordably through this regulated dispensary process we don’t have the crime that would be associated with them attempting to do the same thing on the illegal market,” she said.\u003c/p>\n\u003cp>In addition, the city is harmed because patients who need marijuana won’t be able to get it safely, she said. “We think it is vital for this continue, otherwise these patients would be left to their own devices to buy this vital medicine on the black market, which would endanger their lives.”\u003c/p>\n\u003cp>The city made a big investment in regulating marijuana, said Cedric Chao, who is acting as outside counsel to the city on the lawsuit. The city requires dispensaries to submit business plans, submit to audits and background checks, hire security, install lighting and cameras in parking lots, among other regulations. The dispensaries even have to furnish samples of marijuana to outside laboratories that verify the quality, he said.\u003c/p>\n\u003cp>The city expects to collect $1.4 million in taxes from dispensaries in 2012, said Chao, and loss of this revenue is another way in which it would be harmed by shuttering them.\u003c/p>\n\u003cp>Another legal basis for the lawsuit is the city’s claim that the statute of limitation has expired for the prosecution. Prosecutors must act within five years of the time they become aware of a crime, said Chao.\u003c/p>\n\u003cp>The city is asking Judge Maria Elena James of the U.S. District Court for Northern California to stop the federal government from shutting dispensaries that comply with the law. It is not seeking damages.\u003c/p>\n\u003cp>The City Council authorized the lawsuit last week, and Parker filed it Wednesday. The first court date, a case management conference, is scheduled for Jan. 10 2013. The federal government has 60 days to respond, said Chao.\u003c/p>\n\u003cp>Calls to U.S. Northern California Attorney Melinda Haag’s office, and to the Department of Justice, were not returned.\u003c/p>\n\u003cp>Oakland has not been in touch with any other local governments considering any similar actions, Parker said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But Kevin A. Sabet, a former advisor to the Obama administration drug policy director Gil Kerlikowske told Reuters that Oakland’s marijuana policy is misguided:\u003c/p>\n\u003cblockquote>\u003cp>This lawsuit is just the latest bizarre twist in California’s laughable medical marijuana program, a system where over 95% of users have no life threatening illness. If Oakland really cared about getting marijuana’s medical value to the truly sick and dying, they would be applying for research studies to explore the potential medical benefit of marijuana’s components for those with cancer pain or a terminal illness, as called for by the Institute of Medicine and American Medical Association. The current system, where the average user is a 32-year-old male with a history of drug abuse and no chronic illness is a sad joke.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Gascon Calls on Mirkarimi to Recuse Himself From Domestic Violence Duties; Jane Kim Says Would Support Recall",
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"content": "\u003cfigure id=\"attachment_62422\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/mirkarimi2postsentencemar19mina-e1334617824926.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/mirkarimi2postsentencemar19mina-e1334617824926-225x300.jpg\" alt=\"\" title=\"mirkarimi2postsentencemar19mina\" width=\"225\" height=\"300\" class=\"size-medium wp-image-62422\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Political analyst Corey Cook told me today in relation to the Mirkarimi vote that his \"hope is that last night ended this and now we can talk about other things ... rather than continuing to litigate this issue about whether Mirkarimi should be removed.\" \u003c/p>\n\u003cp>That's may be wishful thinking.\u003c/p>\n\u003cp>DA George Gascon today called on Mirkarimi to recuse himself from part of his official duties, saying that \"at a minimum,\" he is \"incapable of adequately performing the functions of his office that relate to crimes of domestic violence.\"\u003c/p>\n\u003cp>Gascon said, \"I will not allow the clock to be rolled back on thirty years of progress in protecting victims of domestic violence. No victim of crime should fear that their call for help will go unanswered. No victim should have to consider whether their claim will be taken seriously because they are reporting it to an individual who has committed the same crime.\"\u003c/p>\n\u003cp>Gascon listed seven areas related to domestic violence that he wants overseen by a high level administrator \"pulled out from under the Sheriff's supervision.\" (\u003ca href=\"http://ww2.kqed.org/news/2012/10/10/sf-da-gascon-calls-on-mirkarimi-to-recuse-himself-from-domestic-violence-duties/#statement\">Full statement\u003c/a> below.)\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>We have a call out to Mirkarimi now.\u003c/p>\n\u003cp>And in other this-will-never-be-over news, Supervisor Jane Kim, one of four votes against removing the sheriff from office, said in a \u003ca href=\"http://us1.campaign-archive2.com/?u=c161bfa7ff9163061f62e888f&id=51d23a6fcb\">statement explaining her decision\u003c/a> that she would support recalling him. \u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>To recap, on Tuesday the San Francisco Board of Supervisors declined to remove Mirkarimi from his position as San Francisco sheriff on charges, filed by Mayor Ed Lee, of official misconduct. The charge stemmed from the sheriff's guilty plea related to an incident of domestic violence against his wife. Four supervisors -- David Campos, John Avalos, Kim and Christina Olague -- voted against removal, depriving the mayor of the nine-vote super-majority he needed to prevail. \u003c/p>\n\u003cp>Today on KQED's Forum program, Suzy Loftus, a member of the San Francisco Police Commission who has also prosecuted many domestic violence cases, also strongly questioned whether Mirkarimi could perform his job in relation to domestic violence...\u003c/p>\n\u003cp>\"There's been one overriding concern...from the moment we learned of the domestic violence that occurred... Can someone who is convicted of domestic violence, who has subsequently minimized the violence, who has been a part of vilifying witnesseses who come forward to report the violence, discharge the duties of sheriff in one of the most progressive cities in America, where we really believe we are leaders in the fight against violence, against women and vulnerable communities? It's been clear...he can't do that. We're scratching our heads at how the Board of Supervisors found otherwise.\"\u003c/p>\n\u003cp>And two domestic violence organizations, Domestic Violence Consortium and La Casa de las Madres, have sent out this joint statement: \u003c/p>\n\u003cblockquote>\u003cp>The advocacy community shares the concern of the San Francisco Ethics Commission, the mayor, the district attorney, the city attorney, seven supervisors and two out of three San Francisco voters--that a person convicted of domestic violence, and one who has consistently minimized the severity of this crime, is simply unfit to serve in a leading law enforcement role in our city. It is a conflict of interest to have the current Sheriff oversee San Francisco's pioneering domestic violence programs, and as a probationer, he cannot even access his own jail without special approval that he must give himself. San Francisco deserves better\u003c/p>\u003c/blockquote>\n\u003cp>Mirkarimi, for his part, today \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">criticized both law enforcement and the domestic violence community\u003c/a> on Forum, saying, \"To this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use.\" That was a reference to his wife, Eliana Lopez, who disavowed the case against her husband despite willingly appearing in a video made by a neighbor in which she showed a bruise she'd received from Mirkarimi.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca name=\"statement\">\u003c/a>\u003cbr>\n\u003cem>Gascon statement\u003c/em>:\u003c/p>\n\u003cblockquote>\u003cp>I believe I echo the sentiment of many San Franciscans when I say I have grave concerns about Ross Mirkarimi’s ability to manage the Sheriff’s Department. While Ross was entitled to the process that unfolded and it has been resolved with his reinstatement, there are serious public safety concerns that remain unresolved.\u003c/p>\n\u003cp>I appreciate the work of the Ethics Commission, the Mayor and the Board of Supervisors. The Mayor sought suspension which the Ethics Commission recommended and the Board of Supervisors rejected. Ross is now reinstated as our Sheriff and I accept that. What I will not accept is any compromise of public safety as a result of his reinstatement. \u003c!--more-->Ross Mirkarimi is on probation in this county for a crime of domestic violence. He is, at a minimum, incapable of adequately performing the functions of his office that relate to crimes of domestic violence. I am calling upon Ross to recuse himself from the duties in his office that relate to the custody, supervision, safety and rehabilitation of domestic violence offenders.\u003c/p>\n\u003cp>During the remainder of his probation he needs to wall himself off from this conflict by appointing a high level administrator within his department to oversee all domestic violence related work. This independent authority should be pulled out from under the Sheriff’s supervision and be allowed to make all decisions related to domestic violence matters including:\u003c/p>\n\u003cp>· The Domestic Violence Batterer’s Program that the Sheriff’s\u003cbr>\nDepartment oversees, both in custody and out of custody programs.\u003cbr>\n· Supervision of inmates for domestic violence related crimes\u003cbr>\n· Direct disciplinary decision making on Sheriff’s personnel charged for domestic violence crimes and any administrative discipline related to domestic violence incidents.\u003cbr>\n· Bailiffs in Domestic Violence Court including Dept 50 and Domestic Violence cases sent to other departments\u003cbr>\n· Sheriff’s classification services on all incoming domestic violence suspects booked into custody\u003cbr>\n· Investigation by Sheriff’s Department Detectives in pending or future domestic violence related matters by current inmates including monitoring of jail calls\u003cbr>\n· Process for serving civil restraining orders related to domestic violence proceedings in Family Court.\u003c/p>\n\u003cp>This request is specific, limited and operational. It is crafted to address the core public safety concern arising from the Sheriff’s criminal conduct.\u003c/p>\n\u003cp>As leaders in public safety, we have a moral obligation to protect all victims of crime. These roles demand that we think beyond ourselves and prioritize the most vulnerable members of our community. These roles should not be self serving, but rather, a noble undertaking to give voice to the voiceless. I implore Ross to embrace this obligation and rectify what he has broken.\u003c/p>\n\u003cp>I will not allow the clock to be rolled back on thirty years of progress in protecting victims of domestic violence. No victim of crime should fear that their call for help will go unanswered. No victim should have to consider whether their claim will be taken seriously because they are reporting it to an individual who has committed the same crime.\u003c/p>\n\u003cp>As the chief law enforcement official in this City and County, I will stand unapologetically with the victims. I will work tirelessly to be sure both victims and witnesses know this city does not tolerate domestic violence. I will work to ensure that all of our public safety leaders and agencies afford these victims and every victim a safe refuge where they will be heard and protected.\u003c/p>\n\u003cp>Our mission in public safety must be to protect and reassure the victims of crime over and above the individual desires of one elected official with a criminal record. San Francisco is better than this moment.\u003c/p>\n\u003cp>The Sheriff has another opportunity to act with grace and true compassion by recusing himself from the supervision of domestic violence activities in his department. He can begin to heal the divide in this city and reassure victims that he can be the kind of Sheriff they deserve. I hope he will take this opportunity and begin to rebuild trust with all of us.\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_62422\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/mirkarimi2postsentencemar19mina-e1334617824926.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/04/mirkarimi2postsentencemar19mina-e1334617824926-225x300.jpg\" alt=\"\" title=\"mirkarimi2postsentencemar19mina\" width=\"225\" height=\"300\" class=\"size-medium wp-image-62422\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Political analyst Corey Cook told me today in relation to the Mirkarimi vote that his \"hope is that last night ended this and now we can talk about other things ... rather than continuing to litigate this issue about whether Mirkarimi should be removed.\" \u003c/p>\n\u003cp>That's may be wishful thinking.\u003c/p>\n\u003cp>DA George Gascon today called on Mirkarimi to recuse himself from part of his official duties, saying that \"at a minimum,\" he is \"incapable of adequately performing the functions of his office that relate to crimes of domestic violence.\"\u003c/p>\n\u003cp>Gascon said, \"I will not allow the clock to be rolled back on thirty years of progress in protecting victims of domestic violence. No victim of crime should fear that their call for help will go unanswered. No victim should have to consider whether their claim will be taken seriously because they are reporting it to an individual who has committed the same crime.\"\u003c/p>\n\u003cp>Gascon listed seven areas related to domestic violence that he wants overseen by a high level administrator \"pulled out from under the Sheriff's supervision.\" (\u003ca href=\"http://ww2.kqed.org/news/2012/10/10/sf-da-gascon-calls-on-mirkarimi-to-recuse-himself-from-domestic-violence-duties/#statement\">Full statement\u003c/a> below.)\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>We have a call out to Mirkarimi now.\u003c/p>\n\u003cp>And in other this-will-never-be-over news, Supervisor Jane Kim, one of four votes against removing the sheriff from office, said in a \u003ca href=\"http://us1.campaign-archive2.com/?u=c161bfa7ff9163061f62e888f&id=51d23a6fcb\">statement explaining her decision\u003c/a> that she would support recalling him. \u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>To recap, on Tuesday the San Francisco Board of Supervisors declined to remove Mirkarimi from his position as San Francisco sheriff on charges, filed by Mayor Ed Lee, of official misconduct. The charge stemmed from the sheriff's guilty plea related to an incident of domestic violence against his wife. Four supervisors -- David Campos, John Avalos, Kim and Christina Olague -- voted against removal, depriving the mayor of the nine-vote super-majority he needed to prevail. \u003c/p>\n\u003cp>Today on KQED's Forum program, Suzy Loftus, a member of the San Francisco Police Commission who has also prosecuted many domestic violence cases, also strongly questioned whether Mirkarimi could perform his job in relation to domestic violence...\u003c/p>\n\u003cp>\"There's been one overriding concern...from the moment we learned of the domestic violence that occurred... Can someone who is convicted of domestic violence, who has subsequently minimized the violence, who has been a part of vilifying witnesseses who come forward to report the violence, discharge the duties of sheriff in one of the most progressive cities in America, where we really believe we are leaders in the fight against violence, against women and vulnerable communities? It's been clear...he can't do that. We're scratching our heads at how the Board of Supervisors found otherwise.\"\u003c/p>\n\u003cp>And two domestic violence organizations, Domestic Violence Consortium and La Casa de las Madres, have sent out this joint statement: \u003c/p>\n\u003cblockquote>\u003cp>The advocacy community shares the concern of the San Francisco Ethics Commission, the mayor, the district attorney, the city attorney, seven supervisors and two out of three San Francisco voters--that a person convicted of domestic violence, and one who has consistently minimized the severity of this crime, is simply unfit to serve in a leading law enforcement role in our city. It is a conflict of interest to have the current Sheriff oversee San Francisco's pioneering domestic violence programs, and as a probationer, he cannot even access his own jail without special approval that he must give himself. San Francisco deserves better\u003c/p>\u003c/blockquote>\n\u003cp>Mirkarimi, for his part, today \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">criticized both law enforcement and the domestic violence community\u003c/a> on Forum, saying, \"To this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use.\" That was a reference to his wife, Eliana Lopez, who disavowed the case against her husband despite willingly appearing in a video made by a neighbor in which she showed a bruise she'd received from Mirkarimi.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"statement\">\u003c/a>\u003cbr>\n\u003cem>Gascon statement\u003c/em>:\u003c/p>\n\u003cblockquote>\u003cp>I believe I echo the sentiment of many San Franciscans when I say I have grave concerns about Ross Mirkarimi’s ability to manage the Sheriff’s Department. While Ross was entitled to the process that unfolded and it has been resolved with his reinstatement, there are serious public safety concerns that remain unresolved.\u003c/p>\n\u003cp>I appreciate the work of the Ethics Commission, the Mayor and the Board of Supervisors. The Mayor sought suspension which the Ethics Commission recommended and the Board of Supervisors rejected. Ross is now reinstated as our Sheriff and I accept that. What I will not accept is any compromise of public safety as a result of his reinstatement. \u003c!--more-->Ross Mirkarimi is on probation in this county for a crime of domestic violence. He is, at a minimum, incapable of adequately performing the functions of his office that relate to crimes of domestic violence. I am calling upon Ross to recuse himself from the duties in his office that relate to the custody, supervision, safety and rehabilitation of domestic violence offenders.\u003c/p>\n\u003cp>During the remainder of his probation he needs to wall himself off from this conflict by appointing a high level administrator within his department to oversee all domestic violence related work. This independent authority should be pulled out from under the Sheriff’s supervision and be allowed to make all decisions related to domestic violence matters including:\u003c/p>\n\u003cp>· The Domestic Violence Batterer’s Program that the Sheriff’s\u003cbr>\nDepartment oversees, both in custody and out of custody programs.\u003cbr>\n· Supervision of inmates for domestic violence related crimes\u003cbr>\n· Direct disciplinary decision making on Sheriff’s personnel charged for domestic violence crimes and any administrative discipline related to domestic violence incidents.\u003cbr>\n· Bailiffs in Domestic Violence Court including Dept 50 and Domestic Violence cases sent to other departments\u003cbr>\n· Sheriff’s classification services on all incoming domestic violence suspects booked into custody\u003cbr>\n· Investigation by Sheriff’s Department Detectives in pending or future domestic violence related matters by current inmates including monitoring of jail calls\u003cbr>\n· Process for serving civil restraining orders related to domestic violence proceedings in Family Court.\u003c/p>\n\u003cp>This request is specific, limited and operational. It is crafted to address the core public safety concern arising from the Sheriff’s criminal conduct.\u003c/p>\n\u003cp>As leaders in public safety, we have a moral obligation to protect all victims of crime. These roles demand that we think beyond ourselves and prioritize the most vulnerable members of our community. These roles should not be self serving, but rather, a noble undertaking to give voice to the voiceless. I implore Ross to embrace this obligation and rectify what he has broken.\u003c/p>\n\u003cp>I will not allow the clock to be rolled back on thirty years of progress in protecting victims of domestic violence. No victim of crime should fear that their call for help will go unanswered. No victim should have to consider whether their claim will be taken seriously because they are reporting it to an individual who has committed the same crime.\u003c/p>\n\u003cp>As the chief law enforcement official in this City and County, I will stand unapologetically with the victims. I will work tirelessly to be sure both victims and witnesses know this city does not tolerate domestic violence. I will work to ensure that all of our public safety leaders and agencies afford these victims and every victim a safe refuge where they will be heard and protected.\u003c/p>\n\u003cp>Our mission in public safety must be to protect and reassure the victims of crime over and above the individual desires of one elected official with a criminal record. San Francisco is better than this moment.\u003c/p>\n\u003cp>The Sheriff has another opportunity to act with grace and true compassion by recusing himself from the supervision of domestic violence activities in his department. He can begin to heal the divide in this city and reassure victims that he can be the kind of Sheriff they deserve. I hope he will take this opportunity and begin to rebuild trust with all of us.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Reaction to Decision Not to Remove SF Sheriff Mirkarimi Over Domestic Violence Case",
"title": "Reaction to Decision Not to Remove SF Sheriff Mirkarimi Over Domestic Violence Case",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_77980\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimi20121010.jpg\">\u003cimg class=\"size-medium wp-image-77980\" title=\"mirkarimi20121010\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimi20121010-200x300.jpg\" alt=\"\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez waves her hands in the air to support a speaker during public comments Tuesday at the Board of Supervisors vote on Ross Mirkarimi. Supporters had been ordered to keep quiet so waved their hands. (Photo by Deborah Svoboda)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>\u003cstrong>Update 3:05 p.m.\u003c/strong> \u003c/em>KQED's Peter Jon Shuler reports that San Francisco District Attorney George Gascon has announced he's \u003ca href=\"http://ww2.kqed.org/news/2012/10/10/sf-da-gascon-calls-on-mirkarimi-to-recuse-himself-from-domestic-violence-duties/\">asking Ross Mirkarimi to recuse himself\u003c/a> from any part of his duties having to do with domestic violence cases.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>Four members of the San Francisco Board of Supervisors \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">voted\u003c/a> late Tuesday that San Francisco Sheriff Ross Mirkarimi should not be removed from office over a domestic violence case involving his actress wife. Mirkarimi and his wife, Eliana Lopez, thanked supporters after the vote.\u003c/p>\n\u003cp>Political analyst Corey Cook told KQED's Jon Brooks he was actually impressed by how the Board handled the matter. \"I thought they handled a very difficult issue in a thoughtful and nuanced way. I'm not surprised by the outcome; I'm a little bit surprised by the individual votes. But seven to four doesn't surprise me and I think it reveals how hard it is in the charter to remove someone. Nine to two is a really high bar. Seven to four is a big majority, but on an issue like this it's still well short.\"\u003c/p>\n\u003cp>When asked about Mirkarimi's \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">comments on KQED's Forum show today\u003c/a> criticizing domestic violence agencies and law enforcement authorities for the way in which they pursued the case against him, Cook said, \"My advice to Sheriff Mirkarimi would be to take a cue from the Board of Supervisors and tone down the rhetoric a bit. My hope is that last night ended this and now we can talk about other things -- including how we actually can deal with domestic violence in San Francisco -- rather than continuing to litigate this issue about whether Mirkarimi should be removed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The Board did an effective job last night in saying this is about the charter, it's been a tough 10 months, let's move on. Because my view is this overshadowed a lot of the things that were achieved this year, whether you're talking about the payroll tax reform, the budget, the housing trust fund.\"\u003c/p>\n\u003cp>Reaction from the public concerning the Board's action was more mixed, as you can see in our \u003cstrong>\u003ca href=\"http://storify.com/kqednews/reaction-sf-supervisors-decide-not-to-oust-sheriff?utm_source=embed_header\">Storify\u003c/a>\u003c/strong> below... \u003c!--more-->\u003c/p>\n\u003cfigure id=\"attachment_77895\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirk.jpeg\">\u003cimg class=\"size-full wp-image-77895\" title=\"mirk\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirk.jpeg\" alt=\"\" width=\"640\" height=\"640\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mirkarimi talks to reporters in June. Photo by Steve Rhodes/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>\u003c/p>\n\u003cp>http://storify.com/kqednews/reaction-sf-supervisors-decide-not-to-oust-sheriff\u003c/p>\n\n",
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"excerpt": "Four members of the San Francisco Board of Supervisors voted late Tuesday that San Francisco Sheriff Ross Mirkarimi should not be removed from office over a domestic violence case involving his actress wife. Mirkarimi and his wife, Eliana Lopez, thanked supporters after the vote.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_77980\" class=\"wp-caption alignleft\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimi20121010.jpg\">\u003cimg class=\"size-medium wp-image-77980\" title=\"mirkarimi20121010\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimi20121010-200x300.jpg\" alt=\"\" width=\"200\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez waves her hands in the air to support a speaker during public comments Tuesday at the Board of Supervisors vote on Ross Mirkarimi. Supporters had been ordered to keep quiet so waved their hands. (Photo by Deborah Svoboda)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>\u003cstrong>Update 3:05 p.m.\u003c/strong> \u003c/em>KQED's Peter Jon Shuler reports that San Francisco District Attorney George Gascon has announced he's \u003ca href=\"http://ww2.kqed.org/news/2012/10/10/sf-da-gascon-calls-on-mirkarimi-to-recuse-himself-from-domestic-violence-duties/\">asking Ross Mirkarimi to recuse himself\u003c/a> from any part of his duties having to do with domestic violence cases.\u003c/p>\n\u003cp>\u003cem>Original post\u003c/em>\u003c/p>\n\u003cp>Four members of the San Francisco Board of Supervisors \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">voted\u003c/a> late Tuesday that San Francisco Sheriff Ross Mirkarimi should not be removed from office over a domestic violence case involving his actress wife. Mirkarimi and his wife, Eliana Lopez, thanked supporters after the vote.\u003c/p>\n\u003cp>Political analyst Corey Cook told KQED's Jon Brooks he was actually impressed by how the Board handled the matter. \"I thought they handled a very difficult issue in a thoughtful and nuanced way. I'm not surprised by the outcome; I'm a little bit surprised by the individual votes. But seven to four doesn't surprise me and I think it reveals how hard it is in the charter to remove someone. Nine to two is a really high bar. Seven to four is a big majority, but on an issue like this it's still well short.\"\u003c/p>\n\u003cp>When asked about Mirkarimi's \u003ca href=\"http://ww2.kqed.org/news/2012/10/09/sf-supes-reinstate-mirkarimi/\">comments on KQED's Forum show today\u003c/a> criticizing domestic violence agencies and law enforcement authorities for the way in which they pursued the case against him, Cook said, \"My advice to Sheriff Mirkarimi would be to take a cue from the Board of Supervisors and tone down the rhetoric a bit. My hope is that last night ended this and now we can talk about other things -- including how we actually can deal with domestic violence in San Francisco -- rather than continuing to litigate this issue about whether Mirkarimi should be removed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The Board did an effective job last night in saying this is about the charter, it's been a tough 10 months, let's move on. Because my view is this overshadowed a lot of the things that were achieved this year, whether you're talking about the payroll tax reform, the budget, the housing trust fund.\"\u003c/p>\n\u003cp>Reaction from the public concerning the Board's action was more mixed, as you can see in our \u003cstrong>\u003ca href=\"http://storify.com/kqednews/reaction-sf-supervisors-decide-not-to-oust-sheriff?utm_source=embed_header\">Storify\u003c/a>\u003c/strong> below... \u003c!--more-->\u003c/p>\n\u003cfigure id=\"attachment_77895\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirk.jpeg\">\u003cimg class=\"size-full wp-image-77895\" title=\"mirk\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirk.jpeg\" alt=\"\" width=\"640\" height=\"640\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mirkarimi talks to reporters in June. Photo by Steve Rhodes/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>\u003c/p>\n\u003cp>http://storify.com/kqednews/reaction-sf-supervisors-decide-not-to-oust-sheriff\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Transcript, Audio: Mirkarimi Criticizes DA, Police, Domestic Violence Agencies ",
"title": "Transcript, Audio: Mirkarimi Criticizes DA, Police, Domestic Violence Agencies ",
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"content": "\u003cp>\u003cstrong>Update 9:38 a.m.\u003c/strong> Here's \u003ca href=\"http://soundcloud.com/kqed/san-francisco-sheriff-ross-2\">audio of Mirkarimi speaking\u003c/a> on KQED Public Radio's Forum show today.\u003c/p>\n\u003cp>\u003ciframe src=\"http://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F62927052&auto_play=false&show_artwork=false&color=ff7700\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>Here's an edited transcript: \u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: You must be feeling pretty exuberant.\u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong>: Exuberant, yes. My family hasn't slept any. But I'm eternally grateful for all our incredible support and to the people of SF for having to endure this agonizing process.\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: But the polls show 61 percent of the people feeling this shouldn’t have gone down this way, and seven of the supervisors were not with reinstatement.\u003c/p>\n\u003caside class=\"pullquote alignleft\">To this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use.\u003cbr>\n--Ross Mirkarimi\n\u003c/aside>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong> Well I don't know what poll you're quoting and I know that a number of people were quoting a variety of polls. We've seen polls leading up to yesterday, very recent polls, that even had district by district breakdowns. And I have to tell you those were not push-button polls. These were well in-depth polls that demonstrated that the high majority of people in many districts throughout he city were undecided about this, and that we either were receiving strong support for reinstatement or it was almost an even split if the undecided was not that large. \u003c/p>\n\u003cp>I think what people are tired of is this torture that has been kind of well-played out in the press. Distorted, misportrayed, of me and my family, and I think everyone looks forward to just now going forward. \u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: How are you going to really roll up your sleeves and get to work in building trust, not only with the supervisors but with Mayor Lee? \u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong> I started already. As the events were concluding last night, I reached out to the caretaker sheriff, spoke with [her] almost around midnight. We have planned a transition debriefing starting later today and over the next several days. I've reached out to members of the command staff and the president of the rank and file union already to let them know I look forward to a debriefing and catching up with them. \u003c/p>\n\u003caside class=\"pullquote alignleft\">The narrative that Eliana has not fallen into is what's bothered them, which is why I think they've intensified their attacks.\u003cbr>\n--Ross Mirkarimi\u003c/aside>\n\u003cp>I think people should not forget, when you last had me on your show, which was my coming out interview after being quiet about all of this just because of how humiliated and ashamed and lost I was feeling... that I had served as sheriff for nearly three months, and a lot of what we began ...which was halted or stalled... are now the kind of action we can return to. \u003c/p>\n\u003cp>But I come into this as a very humbled person, one that has gone through an incredibly difficult process publicly...and that's not an experience one just loses, that now...indelibly has marked me and I would like to believe enhances me in what it means to be a very effective and dedicated public servant. \u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: What do you say to those detractors who argue that now it's like the fox being in charge of the henhouse? It was a very serious crime according to the attorneys who spoke on behalf of the mayor, and in fact one deputy city attorney said it would be like Michael Vick being in charge of animal control.\u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong> Since day one of this whole ordeal there's been an incredible amount of mischaracterization and mistportrayal about who I am and what I've done. And yet to this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use. \u003c/p>\n\u003cp>And yet she has written a number of pieces just outraged at that level of dismissal. So If in fact this is a representation of victims rights, they should talk to the person that they claim to represent and hear what the full story is. And that has never been well told. \u003c/p>\n\u003cp>The narrative that Eliana has not fallen into is what's bothered them, which is why I think they've intensified their attacks. Such as a Michael Vick analogy, or such as even suggesting to us last night that the next thing I could do is seriously hurt or kill my family. I mean my god to say those kind of things in order to enhance your position, while that might be politics and that might be legal maneuvering in a court contest, it does not mean you have to scare people into falsehoods thinking that is the kind of branding that is going to support their narrative. And I reject that. \u003c/p>\n\u003c/blockquote>\n\u003cp>SAN FRANCISCO (AP) — After nine months of headlines and bitter legal squabbling over the fate of San Francisco's sheriff, three members of the San Francisco Board of Supervisors said Tuesday that they decided he should not be removed from office over a domestic violence case involving his actress wife. Four supervisors voted in favor of Mirkarimi: John Avalos, David Campos, Jane Kim, and Christina Olague, whom Lee had appointed to replace Mirkarimi on the Board after he became sheriff.\u003c/p>\n\u003cfigure id=\"attachment_77908\" class=\"wp-caption alignright\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimilopez3.jpg\">\u003cimg class=\"size-medium wp-image-77908\" title=\"mirkarimilopez\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimilopez3-225x300.jpg\" alt=\"\" width=\"225\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez and Ross Mirkarimi with a well-wisher after the vote.\u003c/figcaption>\u003c/figure>\n\u003cp>It would take at least nine votes from the 11-member board to oust Sheriff Ross Mirkarimi, who was elected last fall and mired in controversy before his swearing-in ceremony. But three of the first four supervisors to discuss their upcoming vote said they would not find that Mirkarimi was guilty of official misconduct.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When the third announced his intention, Mirkarimi smiled and appeared stunned, and his wife embraced her attorney. A throng of Mirkarimi supporters cheered.\u003c/p>\n\u003cp>Inside an intense overflow board chambers mostly filled with Mirkarimi supporters, lawyers for both the mayor's office and the sheriff stated their respective cases before board members during an hours-long hearing.\u003c/p>\n\u003cp>Deputy City Attorney Sherri Kaiser said that Mirkarimi simply committed an act of domestic violence and that should not be ignored.\u003c/p>\n\u003cp>\"It wasn't a mistake on December 31. It was a crime, a very serious crime,\" said Kaiser as a chorus of boos erupted from the crowd.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2012/10/10/reaction-to-decision-not-to-remove-sf-sheriff-mirkarimi-over-domestic-violence-case/\">Reaction to the Vote\u003c/a>\u003c/strong>\u003c/aside>\n\u003cp>Mirkarimi's attorneys, David Waggoner and Shepard Kopp said that city continues to give ambiguous interpretations of what is \"official misconduct.\"\u003c/p>\n\u003cp>\"The punishment doesn't fit the crime,\" Waggoner said.\u003c/p>\n\u003cp>The dramatic case has played out all year long.\u003c/p>\n\u003cp>In March, Mayor Ed Lee suspended Mirkarimi without pay after the sheriff pleaded guilty to misdemeanor false imprisonment related to a New Year's Eve dispute with his wife, Venezuela soap opera star Eliana Lopez, who suffered a bruised bicep. Mirkarimi was sentenced to three years of probation, fined $590 and ordered to undergo one year of counseling and parenting classes.\u003c/p>\n\u003cp>The mayor then took the unprecedented step of trying to permanently remove Mirkarimi from office. Lee testified before the city's Ethics Commission in June that he would find it \"extremely difficult\" to work with Mirkarimi again, and said he thought Mirkarimi committed domestic violence.\u003c/p>\n\u003cp>In August, the commission decided 4-1 that Mirkarimi committed official misconduct, setting the stage for the supervisors' vote on whether to oust him.\u003c/p>\n\u003cp>Mirkarimi was elected sheriff in November after serving seven years as one of the city's more liberal supervisors.\u003c/p>\n\u003cp>Lopez, who starred in numerous TV shows and films in Latin America, seemingly put her budding career on hold to become a mother and the wife of a rising political figure in San Francisco.\u003c/p>\n\u003cp>Mirkarimi's woes began Dec. 31 when the couple got into an argument over whether she could travel to her native Venezuela with their toddler son, Theo. Authorities say Mirkarimi bruised his wife's arm during the fight with an overly firm grip.\u003c/p>\n\u003cp>The next day, Lopez turned to a neighbor, Ivory Madison, who later contacted police. Authorities eventually confiscated video Madison had taken, along with text messages and emails between the two women. The video shows Lopez pointing to a bruise on her right bicep where she said Mirkarimi had grabbed her.\u003c/p>\n\u003cp>When Mirkarimi appeared at his swearing in with his wife and son on Jan. 8, reporters asked him about the incident. He called it a \"private matter, a family matter\" — a comment that caused anti-domestic-violence activists to call for him to step down.\u003c/p>\n\u003cp>The couple has since reunited and said attempts to remove Mirkarimi are a political witch hunt.\u003c/p>\n\u003cp>They sat together during the hearing Tuesday, as more than 100 people spoke, an overwhelming majority in favor of Mirkarimi — some wearing \"Stand with Ross\" buttons.\u003c/p>\n\u003cp>Relatively few called for the sheriff's ouster. Beverly Upton, executive director of the San Francisco Domestic Violence Consortium, told board members that Mirkarimi's crime requires disciplinary action on their behalf.\u003c/p>\n\u003cp>\"I know today will take leadership and courage,\" said Upton, the anti-domestic violence advocate. \"The facts matter. The world is watching.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Brenda Barros of San Francisco said many people don't entirely agree with the anti-domestic violence advocacy groups regarding Mirkarimi. \"Don't make the assumption that all women agree with these women, because we don't,\" Barros said to loud applause.\u003c/p>\n\n",
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"description": "Update 9:38 a.m. Here's audio of Mirkarimi speaking on KQED Public Radio's Forum show today. Here's an edited transcript: Michael Krasny: You must be feeling pretty exuberant. Ross Mirkarimi: Exuberant, yes. My family hasn't slept any. But I'm eternally grateful for all our incredible support and to the people of SF for having to endure",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 9:38 a.m.\u003c/strong> Here's \u003ca href=\"http://soundcloud.com/kqed/san-francisco-sheriff-ross-2\">audio of Mirkarimi speaking\u003c/a> on KQED Public Radio's Forum show today.\u003c/p>\n\u003cp>\u003ciframe src=\"http://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F62927052&auto_play=false&show_artwork=false&color=ff7700\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>Here's an edited transcript: \u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: You must be feeling pretty exuberant.\u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong>: Exuberant, yes. My family hasn't slept any. But I'm eternally grateful for all our incredible support and to the people of SF for having to endure this agonizing process.\u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: But the polls show 61 percent of the people feeling this shouldn’t have gone down this way, and seven of the supervisors were not with reinstatement.\u003c/p>\n\u003caside class=\"pullquote alignleft\">To this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use.\u003cbr>\n--Ross Mirkarimi\n\u003c/aside>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong> Well I don't know what poll you're quoting and I know that a number of people were quoting a variety of polls. We've seen polls leading up to yesterday, very recent polls, that even had district by district breakdowns. And I have to tell you those were not push-button polls. These were well in-depth polls that demonstrated that the high majority of people in many districts throughout he city were undecided about this, and that we either were receiving strong support for reinstatement or it was almost an even split if the undecided was not that large. \u003c/p>\n\u003cp>I think what people are tired of is this torture that has been kind of well-played out in the press. Distorted, misportrayed, of me and my family, and I think everyone looks forward to just now going forward. \u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: How are you going to really roll up your sleeves and get to work in building trust, not only with the supervisors but with Mayor Lee? \u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong> I started already. As the events were concluding last night, I reached out to the caretaker sheriff, spoke with [her] almost around midnight. We have planned a transition debriefing starting later today and over the next several days. I've reached out to members of the command staff and the president of the rank and file union already to let them know I look forward to a debriefing and catching up with them. \u003c/p>\n\u003caside class=\"pullquote alignleft\">The narrative that Eliana has not fallen into is what's bothered them, which is why I think they've intensified their attacks.\u003cbr>\n--Ross Mirkarimi\u003c/aside>\n\u003cp>I think people should not forget, when you last had me on your show, which was my coming out interview after being quiet about all of this just because of how humiliated and ashamed and lost I was feeling... that I had served as sheriff for nearly three months, and a lot of what we began ...which was halted or stalled... are now the kind of action we can return to. \u003c/p>\n\u003cp>But I come into this as a very humbled person, one that has gone through an incredibly difficult process publicly...and that's not an experience one just loses, that now...indelibly has marked me and I would like to believe enhances me in what it means to be a very effective and dedicated public servant. \u003c/p>\n\u003cp>\u003cstrong>Michael Krasny\u003c/strong>: What do you say to those detractors who argue that now it's like the fox being in charge of the henhouse? It was a very serious crime according to the attorneys who spoke on behalf of the mayor, and in fact one deputy city attorney said it would be like Michael Vick being in charge of animal control.\u003c/p>\n\u003cp>\u003cstrong>Ross Mirkarimi\u003c/strong> Since day one of this whole ordeal there's been an incredible amount of mischaracterization and mistportrayal about who I am and what I've done. And yet to this day, nobody from the domestic violence agencies, nobody from the police department, district attorney, has ever reached out... [to] the very person they claimed to defend, the very person that they have tried to use. \u003c/p>\n\u003cp>And yet she has written a number of pieces just outraged at that level of dismissal. So If in fact this is a representation of victims rights, they should talk to the person that they claim to represent and hear what the full story is. And that has never been well told. \u003c/p>\n\u003cp>The narrative that Eliana has not fallen into is what's bothered them, which is why I think they've intensified their attacks. Such as a Michael Vick analogy, or such as even suggesting to us last night that the next thing I could do is seriously hurt or kill my family. I mean my god to say those kind of things in order to enhance your position, while that might be politics and that might be legal maneuvering in a court contest, it does not mean you have to scare people into falsehoods thinking that is the kind of branding that is going to support their narrative. And I reject that. \u003c/p>\n\u003c/blockquote>\n\u003cp>SAN FRANCISCO (AP) — After nine months of headlines and bitter legal squabbling over the fate of San Francisco's sheriff, three members of the San Francisco Board of Supervisors said Tuesday that they decided he should not be removed from office over a domestic violence case involving his actress wife. Four supervisors voted in favor of Mirkarimi: John Avalos, David Campos, Jane Kim, and Christina Olague, whom Lee had appointed to replace Mirkarimi on the Board after he became sheriff.\u003c/p>\n\u003cfigure id=\"attachment_77908\" class=\"wp-caption alignright\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimilopez3.jpg\">\u003cimg class=\"size-medium wp-image-77908\" title=\"mirkarimilopez\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/mirkarimilopez3-225x300.jpg\" alt=\"\" width=\"225\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez and Ross Mirkarimi with a well-wisher after the vote.\u003c/figcaption>\u003c/figure>\n\u003cp>It would take at least nine votes from the 11-member board to oust Sheriff Ross Mirkarimi, who was elected last fall and mired in controversy before his swearing-in ceremony. But three of the first four supervisors to discuss their upcoming vote said they would not find that Mirkarimi was guilty of official misconduct.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When the third announced his intention, Mirkarimi smiled and appeared stunned, and his wife embraced her attorney. A throng of Mirkarimi supporters cheered.\u003c/p>\n\u003cp>Inside an intense overflow board chambers mostly filled with Mirkarimi supporters, lawyers for both the mayor's office and the sheriff stated their respective cases before board members during an hours-long hearing.\u003c/p>\n\u003cp>Deputy City Attorney Sherri Kaiser said that Mirkarimi simply committed an act of domestic violence and that should not be ignored.\u003c/p>\n\u003cp>\"It wasn't a mistake on December 31. It was a crime, a very serious crime,\" said Kaiser as a chorus of boos erupted from the crowd.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cstrong>\u003ca href=\"http://ww2.kqed.org/news/2012/10/10/reaction-to-decision-not-to-remove-sf-sheriff-mirkarimi-over-domestic-violence-case/\">Reaction to the Vote\u003c/a>\u003c/strong>\u003c/aside>\n\u003cp>Mirkarimi's attorneys, David Waggoner and Shepard Kopp said that city continues to give ambiguous interpretations of what is \"official misconduct.\"\u003c/p>\n\u003cp>\"The punishment doesn't fit the crime,\" Waggoner said.\u003c/p>\n\u003cp>The dramatic case has played out all year long.\u003c/p>\n\u003cp>In March, Mayor Ed Lee suspended Mirkarimi without pay after the sheriff pleaded guilty to misdemeanor false imprisonment related to a New Year's Eve dispute with his wife, Venezuela soap opera star Eliana Lopez, who suffered a bruised bicep. Mirkarimi was sentenced to three years of probation, fined $590 and ordered to undergo one year of counseling and parenting classes.\u003c/p>\n\u003cp>The mayor then took the unprecedented step of trying to permanently remove Mirkarimi from office. Lee testified before the city's Ethics Commission in June that he would find it \"extremely difficult\" to work with Mirkarimi again, and said he thought Mirkarimi committed domestic violence.\u003c/p>\n\u003cp>In August, the commission decided 4-1 that Mirkarimi committed official misconduct, setting the stage for the supervisors' vote on whether to oust him.\u003c/p>\n\u003cp>Mirkarimi was elected sheriff in November after serving seven years as one of the city's more liberal supervisors.\u003c/p>\n\u003cp>Lopez, who starred in numerous TV shows and films in Latin America, seemingly put her budding career on hold to become a mother and the wife of a rising political figure in San Francisco.\u003c/p>\n\u003cp>Mirkarimi's woes began Dec. 31 when the couple got into an argument over whether she could travel to her native Venezuela with their toddler son, Theo. Authorities say Mirkarimi bruised his wife's arm during the fight with an overly firm grip.\u003c/p>\n\u003cp>The next day, Lopez turned to a neighbor, Ivory Madison, who later contacted police. Authorities eventually confiscated video Madison had taken, along with text messages and emails between the two women. The video shows Lopez pointing to a bruise on her right bicep where she said Mirkarimi had grabbed her.\u003c/p>\n\u003cp>When Mirkarimi appeared at his swearing in with his wife and son on Jan. 8, reporters asked him about the incident. He called it a \"private matter, a family matter\" — a comment that caused anti-domestic-violence activists to call for him to step down.\u003c/p>\n\u003cp>The couple has since reunited and said attempts to remove Mirkarimi are a political witch hunt.\u003c/p>\n\u003cp>They sat together during the hearing Tuesday, as more than 100 people spoke, an overwhelming majority in favor of Mirkarimi — some wearing \"Stand with Ross\" buttons.\u003c/p>\n\u003cp>Relatively few called for the sheriff's ouster. Beverly Upton, executive director of the San Francisco Domestic Violence Consortium, told board members that Mirkarimi's crime requires disciplinary action on their behalf.\u003c/p>\n\u003cp>\"I know today will take leadership and courage,\" said Upton, the anti-domestic violence advocate. \"The facts matter. The world is watching.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Brenda Barros of San Francisco said many people don't entirely agree with the anti-domestic violence advocacy groups regarding Mirkarimi. \"Don't make the assumption that all women agree with these women, because we don't,\" Barros said to loud applause.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Live Video, Tweet Coverage: SF Supes Reinstate Mirkarimi as Sheriff",
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"content": "\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://sanfrancisco.granicus.com/MediaPlayer.php?publish_id=6\">Watch the hearing live on SFGovTV.\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://soundcloud.com/kqed/sets/san-francisco-sheriff/\">Watch archival videos and read News Fix's coverage of the story so far.\u003cbr>\n\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://soundcloud.com/kqed/sets/san-francisco-sheriff/\">Listen to recordings of Mirkarimi, Mayor Ed Lee and interim Sheriff Vicki Hennessy discussing the case.\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>San Francisco Supervisors are planning to decide today whether Sheriff Ross Mirkarimi may keep his job after pleading guilty in a domestic violence case.\u003c/p>\n\u003cp>It would take at least nine votes from the 11-member board to oust Mirkarimi, who was elected last fall and mired in controversy before his swearing-in ceremony. Five board members currently are campaigning to keep their jobs.\u003c/p>\n\u003cp>\"I wouldn't be surprised if it ends up 7-to-4 to keep him or 11-0 to remove him,\" University of San Francisco political scientist Corey Cook told the Associated Press Monday. \"We don't know what to expect. It's been such a roller coaster that I can't even venture a guess.\"\u003c/p>\n\u003cp>KQED reporter Caitlin Esch and other journalists are tweeting live from the hearing.\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ciframe style=\"border: 1px solid #000\" src=\"http://embed.scribblelive.com/Embed/v5.aspx?Id=63878&ThemeId=6104\" frameborder=\"0\" width=\"640\" height=\"700\">\u003c/iframe>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>And by the way, KQED's Mina Kim today, on her way to get coffee, ran into Board of Supervisors President David Chiu out on the street. She asked him what amounted to a rhetorical question, as there was little chance he was going to give a substantial answer: \"What's your thinking on Ross Mirkarimi?\" He laughed and said, \"You'll know in about nine hours.\"\u003c/p>\n\u003cp>That was at about 11 a.m. Could be a looong afternoon.\u003c/p>\n\u003cp>As to the background of the case, it's played out for months at City Hall.\u003c!--more-->\u003c/p>\n\u003cp>In March, Mayor Ed Lee suspended Mirkarimi without pay after the sheriff pleaded guilty to misdemeanor false imprisonment related to a New Year's Eve dispute with his wife, Venezuela soap opera star Eliana Lopez, who suffered a bruised bicep. Mirkarimi was sentenced to three years of probation, fined $590 and ordered to undergo one year of counseling and parenting classes.\u003c/p>\n\u003cp>The mayor then took the unprecedented step of trying to permanently remove Mirkarimi from office. Lee testified before the city's Ethics Commission in June that he would find it \"extremely difficult\" to work with Mirkarimi again, and said he thought Mirkarimi committed domestic violence.\u003c/p>\n\u003cp>In August, the commission decided 4-1 that Mirkarimi committed official misconduct, setting the stage for the supervisors' vote on whether to oust him.\u003c/p>\n\u003cfigure id=\"attachment_77750\" class=\"wp-caption alignleft\" style=\"max-width: 264px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi.jpg\">\u003cimg class=\"size-full wp-image-77750\" title=\"Mirkarimi\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi.jpg\" alt=\"\" width=\"264\" height=\"352\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi was elected sheriff in November after serving seven years as one of the city's more liberal supervisors.\u003c/p>\n\u003cp>Lopez, who starred in numerous TV shows and films in Latin America, seemingly put her budding career on hold to become a mother and the wife of a rising political figure in San Francisco.\u003c/p>\n\u003cp>Mirkarimi's woes began Dec. 31 when the couple got into an argument over whether she could travel to her native Venezuela with their toddler son, Theo. Authorities say Mirkarimi bruised his wife's arm during the fight with an overly firm grip.\u003c/p>\n\u003cp>The next day, Lopez turned to a neighbor, Ivory Madison, who later contacted police. Authorities eventually confiscated video Madison had taken, along with text messages and emails between the two women. The video shows Lopez pointing to a bruise on her right bicep where she said Mirkarimi had grabbed her.\u003c/p>\n\u003cp>When Mirkarimi appeared at his swearing in with his wife and son on Jan. 8, reporters asked him about the incident. He called it a \"private matter, a family matter\" — a comment that caused anti-domestic-violence activists to call for him to step down.\u003c/p>\n\u003cp>The couple has since reunited. They have said the attempts to remove Mirkarimi are political.\u003c/p>\n\u003cp>His attorney, Shepard Kopp, has argued Mirkarimi's guilty plea did not constitute official misconduct because the marital incident had nothing to do with his job as sheriff. In exchange for Mirkarimi's plea, prosecutors dropped three other misdemeanor charges.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We see this case as a situation where the mayor is completely overstepping his authority by trying to remove an elected official from office,\" Kopp said. \"There is absolutely no precedent for this. None.\"\u003c/p>\n\n",
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"description": "Watch the hearing live on SFGovTV. Watch archival videos and read News Fix's coverage of the story so far. Listen to recordings of Mirkarimi, Mayor Ed Lee and interim Sheriff Vicki Hennessy discussing the case. San Francisco Supervisors are planning to decide today whether Sheriff Ross Mirkarimi may keep his job after pleading guilty in a",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://sanfrancisco.granicus.com/MediaPlayer.php?publish_id=6\">Watch the hearing live on SFGovTV.\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://soundcloud.com/kqed/sets/san-francisco-sheriff/\">Watch archival videos and read News Fix's coverage of the story so far.\u003cbr>\n\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://soundcloud.com/kqed/sets/san-francisco-sheriff/\">Listen to recordings of Mirkarimi, Mayor Ed Lee and interim Sheriff Vicki Hennessy discussing the case.\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>San Francisco Supervisors are planning to decide today whether Sheriff Ross Mirkarimi may keep his job after pleading guilty in a domestic violence case.\u003c/p>\n\u003cp>It would take at least nine votes from the 11-member board to oust Mirkarimi, who was elected last fall and mired in controversy before his swearing-in ceremony. Five board members currently are campaigning to keep their jobs.\u003c/p>\n\u003cp>\"I wouldn't be surprised if it ends up 7-to-4 to keep him or 11-0 to remove him,\" University of San Francisco political scientist Corey Cook told the Associated Press Monday. \"We don't know what to expect. It's been such a roller coaster that I can't even venture a guess.\"\u003c/p>\n\u003cp>KQED reporter Caitlin Esch and other journalists are tweeting live from the hearing.\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ciframe style=\"border: 1px solid #000\" src=\"http://embed.scribblelive.com/Embed/v5.aspx?Id=63878&ThemeId=6104\" frameborder=\"0\" width=\"640\" height=\"700\">\u003c/iframe>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>And by the way, KQED's Mina Kim today, on her way to get coffee, ran into Board of Supervisors President David Chiu out on the street. She asked him what amounted to a rhetorical question, as there was little chance he was going to give a substantial answer: \"What's your thinking on Ross Mirkarimi?\" He laughed and said, \"You'll know in about nine hours.\"\u003c/p>\n\u003cp>That was at about 11 a.m. Could be a looong afternoon.\u003c/p>\n\u003cp>As to the background of the case, it's played out for months at City Hall.\u003c!--more-->\u003c/p>\n\u003cp>In March, Mayor Ed Lee suspended Mirkarimi without pay after the sheriff pleaded guilty to misdemeanor false imprisonment related to a New Year's Eve dispute with his wife, Venezuela soap opera star Eliana Lopez, who suffered a bruised bicep. Mirkarimi was sentenced to three years of probation, fined $590 and ordered to undergo one year of counseling and parenting classes.\u003c/p>\n\u003cp>The mayor then took the unprecedented step of trying to permanently remove Mirkarimi from office. Lee testified before the city's Ethics Commission in June that he would find it \"extremely difficult\" to work with Mirkarimi again, and said he thought Mirkarimi committed domestic violence.\u003c/p>\n\u003cp>In August, the commission decided 4-1 that Mirkarimi committed official misconduct, setting the stage for the supervisors' vote on whether to oust him.\u003c/p>\n\u003cfigure id=\"attachment_77750\" class=\"wp-caption alignleft\" style=\"max-width: 264px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi.jpg\">\u003cimg class=\"size-full wp-image-77750\" title=\"Mirkarimi\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Mirkarimi.jpg\" alt=\"\" width=\"264\" height=\"352\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi was elected sheriff in November after serving seven years as one of the city's more liberal supervisors.\u003c/p>\n\u003cp>Lopez, who starred in numerous TV shows and films in Latin America, seemingly put her budding career on hold to become a mother and the wife of a rising political figure in San Francisco.\u003c/p>\n\u003cp>Mirkarimi's woes began Dec. 31 when the couple got into an argument over whether she could travel to her native Venezuela with their toddler son, Theo. Authorities say Mirkarimi bruised his wife's arm during the fight with an overly firm grip.\u003c/p>\n\u003cp>The next day, Lopez turned to a neighbor, Ivory Madison, who later contacted police. Authorities eventually confiscated video Madison had taken, along with text messages and emails between the two women. The video shows Lopez pointing to a bruise on her right bicep where she said Mirkarimi had grabbed her.\u003c/p>\n\u003cp>When Mirkarimi appeared at his swearing in with his wife and son on Jan. 8, reporters asked him about the incident. He called it a \"private matter, a family matter\" — a comment that caused anti-domestic-violence activists to call for him to step down.\u003c/p>\n\u003cp>The couple has since reunited. They have said the attempts to remove Mirkarimi are political.\u003c/p>\n\u003cp>His attorney, Shepard Kopp, has argued Mirkarimi's guilty plea did not constitute official misconduct because the marital incident had nothing to do with his job as sheriff. In exchange for Mirkarimi's plea, prosecutors dropped three other misdemeanor charges.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We see this case as a situation where the mayor is completely overstepping his authority by trying to remove an elected official from office,\" Kopp said. \"There is absolutely no precedent for this. None.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Shoshana Walter, \u003ca href=\"http://californiawatch.org/dailyreport/disabled-inmates-suffer-shift-county-jails-18298\">California Watch\u003c/a>\u003c/p>\n\u003cp>One day in March, a blind man was booked into the San Bernardino County jail.\u003c/p>\n\u003cfigure id=\"attachment_77734\" class=\"wp-caption alignleft\" style=\"max-width: 328px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/jail-monica-lam-cir.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-77734 \" title=\"jail monical lam cir\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/jail-monical-lam-cir.jpg\" alt=\"\" width=\"328\" height=\"185\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fresno's jail population has shot up by 30 percent, one of the highest increases in the state. (Monical Lam/CIR)\u003c/figcaption>\u003c/figure>\n\u003cp>A parole violator, he could see only four inches in front of his face. At the West Valley Detention Center, according to his account, deputies assigned him the upper bunk in a cell at the top of a tall staircase. “The deputy laughed at me and told me I could see just fine,” he recounted. Several days later, he missed a step and, flailing for a handrail, tumbled down the steel staircase. When he returned from the hospital in a wheelchair, deputies confiscated it.\u003c/p>\n\u003cp>The blind prisoner’s account, dictated to an attorney, is one of dozens of complaints cited in a federal lawsuit alleging that the state violated the rights of disabled prisoners by not ensuring they would receive adequate care in county jails. The San Bernardino Sheriff’s Department did not respond to requests for comment.\u003c!--more-->\u003c/p>\n\u003cp>The debate over the state’s responsibility for disabled prisoners has taken on increasing importance as the state shifts the burden of housing many thousands of inmates onto the counties in a policy euphemistically known as “realignment.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The blind prisoner’s account, dictated to an attorney, is one of dozens of complaints cited in a federal lawsuit alleging that the state violated the rights of disabled prisoners by not ensuring they would receive adequate care in county jails. The San Bernardino Sheriff’s Department did not respond to requests for comment.\u003c/p>\n\u003cp>The debate over the state’s responsibility for disabled prisoners has taken on increasing importance as the state shifts the burden of housing many thousands of inmates onto the counties in a policy euphemistically known as “realignment.”\u003c/p>\n\u003cp>The state, facing a federal court mandate to shrink its prison population, enacted the Public Safety Realignment Act last year, flooding county jails with felons, nonviolent offenders and parolees who have been rearrested. Among them are thousands of disabled prisoners with special medical needs.\u003c/p>\n\u003cp>For county governments already reeling from budget cutbacks, the cost of upgrading jails and caring for disabled prisoners could be huge.\u003c/p>\n\u003cp>“I’m crossing my fingers that we can accommodate some of those needs here in our county,” said Undersheriff Dahl Cleek, of Tulare County, where advocates found disability rights violations earlier this year. “But it’s not like we have a built-in hospital inside these jails. Those could bankrupt a county pretty quick.”\u003c/p>\n\u003cp>For more than two decades, attorneys representing disabled prisoners have fought the state in federal court to improve their treatment.\u003c/p>\n\u003cp>In 1994, lawyers filed a class-action lawsuit against the California Department of Corrections and Rehabilitation alleging that the department housed disabled prisoners in poor conditions and discriminated against them by failing to provide equal access to programs and services.\u003c/p>\n\u003cp>The landmark suit, now known as the Armstrong case after lead plaintiff John Armstrong, ultimately compelled the prison system to improve its facilities and expand services for disabled prisoners. State prisons began keeping track of disabled inmates, giving them vests that identified their disability status and making sure they had access to showers, toilets, medical supplies and prison programs.\u003c/p>\n\u003cp>“We underwent tremendous changes,” said Jeanne Woodford, the former corrections department director who helped implement the policies.\u003c/p>\n\u003cp>With the surge of inmates in county jails, lawyers for the disabled gathered dozens of complaints from prisoners and presented them to U.S. District Judge Claudia Wilken, who deemed them evidence of widespread rights violations in county facilities. The cases included:\u003c/p>\n\u003cp>At Santa Rita Jail in Dublin, an inmate with 80 percent hearing loss was denied a hearing aid and then disciplined for failing to listen to deputies’ directions.\u003c/p>\n\u003cp>In Santa Barbara County, a bipolar and suicidal parole violator said he was denied the medication he had received while in prison.\u003c/p>\n\u003cp>In Sacramento County, a blind parole violator was denied a tapping cane, forcing him to rely on inmates and deputies to escort him to the toilet, the showers and meals. He had been permitted a cane in prison.\u003c/p>\n\u003cp>In Los Angeles County, a paralyzed parolee reported that deputies replaced her custom wheelchair with a broken one, tying her feet to the footrests to keep them from dragging, then gave her a cell with a door that was not wide enough for a wheelchair. Deputies later returned her personal wheelchair.\u003c/p>\n\u003cp>In Tulare County, an inmate with swollen legs from chronic liver disease reported that deputies had confiscated his cane. In prison, he had been allowed to use a cane.\u003c/p>\n\u003cp>Also in Tulare County, a parole violator scheduled for knee replacement surgery was given an upper bunk; he fell 11 times while trying to climb onto his bed, he said. In prison, he had been assigned a lower bunk.\u003c/p>\n\u003cp>In Butte County, a deaf inmate said he could not communicate with medical staff about an ear infection because the jail did not provide a sign language interpreter.\u003c/p>\n\u003cp>Woodford was asked by the prisoners’ attorneys to review jail polices and the prisoners’ complaints. She said many county jails are now in the same position the state prisons were before the Armstrong case was filed.\u003c/p>\n\u003cp>“County jails are providing accommodations only sporadically, resulting in significant harm to CDCR prisoners and parolees,” Woodford said in a declaration to the court.\u003c/p>\n\u003cp>In August, Wilken upheld her earlier order that the state is responsible for disabled parole violators and prisoners who are being held in county facilities. She ordered the state to begin emailing jails with information about disabled prisoners coming into their care and describing the past services they received. She also ordered the state to give prisoners grievance forms and investigate complaints.\u003c/p>\n\u003cp>Since Sept. 10, the state has notified county jails that more than 1,300 of their newly arrived inmates are disabled.\u003c/p>\n\u003cp>Gay Grunfeld, the lead attorney for prisoners in the Armstrong case, said the judge’s order would improve conditions in the jails.\u003c/p>\n\u003cp>“This idea that the state and the counties are totally separate is just inconsistent with reality,” she said. “I’m very confident that providing information about the particular parolees is going to help everybody improve.”\u003c/p>\n\u003cp>The state, however, has appealed Wilken’s decision. And in June, Gov. Jerry Brown signed legislation declaring that any parolee locked up in a county jail is under the county’s “sole legal custody and jurisdiction.”\u003c/p>\n\u003cp>County officials are concerned that if the state prevails, they may be on the hook for expensive jail renovations, long-term treatment programs and services such as sign language interpreters.\u003c/p>\n\u003cp>“It’s a question that we don’t yet know the answer to,” said Butte County Undersheriff Kory Honea. “Certainly, there is the possibility that litigation costs, or the costs associated with retrofitting the facility or providing accommodations could increase. It could be substantial.”\u003c/p>\n\u003cp>But Grunfeld said county jails have no excuse for not following the federal law that protects all Americans with disabilities.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“If they’re worried,” she said, “they should start complying.”\u003c/p>\n\n",
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"description": "Shoshana Walter, California Watch One day in March, a blind man was booked into the San Bernardino County jail. A parole violator, he could see only four inches in front of his face. At the West Valley Detention Center, according to his account, deputies assigned him the upper bunk in a cell at the top",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Shoshana Walter, \u003ca href=\"http://californiawatch.org/dailyreport/disabled-inmates-suffer-shift-county-jails-18298\">California Watch\u003c/a>\u003c/p>\n\u003cp>One day in March, a blind man was booked into the San Bernardino County jail.\u003c/p>\n\u003cfigure id=\"attachment_77734\" class=\"wp-caption alignleft\" style=\"max-width: 328px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/jail-monica-lam-cir.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-77734 \" title=\"jail monical lam cir\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/jail-monical-lam-cir.jpg\" alt=\"\" width=\"328\" height=\"185\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fresno's jail population has shot up by 30 percent, one of the highest increases in the state. (Monical Lam/CIR)\u003c/figcaption>\u003c/figure>\n\u003cp>A parole violator, he could see only four inches in front of his face. At the West Valley Detention Center, according to his account, deputies assigned him the upper bunk in a cell at the top of a tall staircase. “The deputy laughed at me and told me I could see just fine,” he recounted. Several days later, he missed a step and, flailing for a handrail, tumbled down the steel staircase. When he returned from the hospital in a wheelchair, deputies confiscated it.\u003c/p>\n\u003cp>The blind prisoner’s account, dictated to an attorney, is one of dozens of complaints cited in a federal lawsuit alleging that the state violated the rights of disabled prisoners by not ensuring they would receive adequate care in county jails. The San Bernardino Sheriff’s Department did not respond to requests for comment.\u003c!--more-->\u003c/p>\n\u003cp>The debate over the state’s responsibility for disabled prisoners has taken on increasing importance as the state shifts the burden of housing many thousands of inmates onto the counties in a policy euphemistically known as “realignment.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The blind prisoner’s account, dictated to an attorney, is one of dozens of complaints cited in a federal lawsuit alleging that the state violated the rights of disabled prisoners by not ensuring they would receive adequate care in county jails. The San Bernardino Sheriff’s Department did not respond to requests for comment.\u003c/p>\n\u003cp>The debate over the state’s responsibility for disabled prisoners has taken on increasing importance as the state shifts the burden of housing many thousands of inmates onto the counties in a policy euphemistically known as “realignment.”\u003c/p>\n\u003cp>The state, facing a federal court mandate to shrink its prison population, enacted the Public Safety Realignment Act last year, flooding county jails with felons, nonviolent offenders and parolees who have been rearrested. Among them are thousands of disabled prisoners with special medical needs.\u003c/p>\n\u003cp>For county governments already reeling from budget cutbacks, the cost of upgrading jails and caring for disabled prisoners could be huge.\u003c/p>\n\u003cp>“I’m crossing my fingers that we can accommodate some of those needs here in our county,” said Undersheriff Dahl Cleek, of Tulare County, where advocates found disability rights violations earlier this year. “But it’s not like we have a built-in hospital inside these jails. Those could bankrupt a county pretty quick.”\u003c/p>\n\u003cp>For more than two decades, attorneys representing disabled prisoners have fought the state in federal court to improve their treatment.\u003c/p>\n\u003cp>In 1994, lawyers filed a class-action lawsuit against the California Department of Corrections and Rehabilitation alleging that the department housed disabled prisoners in poor conditions and discriminated against them by failing to provide equal access to programs and services.\u003c/p>\n\u003cp>The landmark suit, now known as the Armstrong case after lead plaintiff John Armstrong, ultimately compelled the prison system to improve its facilities and expand services for disabled prisoners. State prisons began keeping track of disabled inmates, giving them vests that identified their disability status and making sure they had access to showers, toilets, medical supplies and prison programs.\u003c/p>\n\u003cp>“We underwent tremendous changes,” said Jeanne Woodford, the former corrections department director who helped implement the policies.\u003c/p>\n\u003cp>With the surge of inmates in county jails, lawyers for the disabled gathered dozens of complaints from prisoners and presented them to U.S. District Judge Claudia Wilken, who deemed them evidence of widespread rights violations in county facilities. The cases included:\u003c/p>\n\u003cp>At Santa Rita Jail in Dublin, an inmate with 80 percent hearing loss was denied a hearing aid and then disciplined for failing to listen to deputies’ directions.\u003c/p>\n\u003cp>In Santa Barbara County, a bipolar and suicidal parole violator said he was denied the medication he had received while in prison.\u003c/p>\n\u003cp>In Sacramento County, a blind parole violator was denied a tapping cane, forcing him to rely on inmates and deputies to escort him to the toilet, the showers and meals. He had been permitted a cane in prison.\u003c/p>\n\u003cp>In Los Angeles County, a paralyzed parolee reported that deputies replaced her custom wheelchair with a broken one, tying her feet to the footrests to keep them from dragging, then gave her a cell with a door that was not wide enough for a wheelchair. Deputies later returned her personal wheelchair.\u003c/p>\n\u003cp>In Tulare County, an inmate with swollen legs from chronic liver disease reported that deputies had confiscated his cane. In prison, he had been allowed to use a cane.\u003c/p>\n\u003cp>Also in Tulare County, a parole violator scheduled for knee replacement surgery was given an upper bunk; he fell 11 times while trying to climb onto his bed, he said. In prison, he had been assigned a lower bunk.\u003c/p>\n\u003cp>In Butte County, a deaf inmate said he could not communicate with medical staff about an ear infection because the jail did not provide a sign language interpreter.\u003c/p>\n\u003cp>Woodford was asked by the prisoners’ attorneys to review jail polices and the prisoners’ complaints. She said many county jails are now in the same position the state prisons were before the Armstrong case was filed.\u003c/p>\n\u003cp>“County jails are providing accommodations only sporadically, resulting in significant harm to CDCR prisoners and parolees,” Woodford said in a declaration to the court.\u003c/p>\n\u003cp>In August, Wilken upheld her earlier order that the state is responsible for disabled parole violators and prisoners who are being held in county facilities. She ordered the state to begin emailing jails with information about disabled prisoners coming into their care and describing the past services they received. She also ordered the state to give prisoners grievance forms and investigate complaints.\u003c/p>\n\u003cp>Since Sept. 10, the state has notified county jails that more than 1,300 of their newly arrived inmates are disabled.\u003c/p>\n\u003cp>Gay Grunfeld, the lead attorney for prisoners in the Armstrong case, said the judge’s order would improve conditions in the jails.\u003c/p>\n\u003cp>“This idea that the state and the counties are totally separate is just inconsistent with reality,” she said. “I’m very confident that providing information about the particular parolees is going to help everybody improve.”\u003c/p>\n\u003cp>The state, however, has appealed Wilken’s decision. And in June, Gov. Jerry Brown signed legislation declaring that any parolee locked up in a county jail is under the county’s “sole legal custody and jurisdiction.”\u003c/p>\n\u003cp>County officials are concerned that if the state prevails, they may be on the hook for expensive jail renovations, long-term treatment programs and services such as sign language interpreters.\u003c/p>\n\u003cp>“It’s a question that we don’t yet know the answer to,” said Butte County Undersheriff Kory Honea. “Certainly, there is the possibility that litigation costs, or the costs associated with retrofitting the facility or providing accommodations could increase. It could be substantial.”\u003c/p>\n\u003cp>But Grunfeld said county jails have no excuse for not following the federal law that protects all Americans with disabilities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Facing Legal Pressure, Oakland Police Announce Tip Line, Gang Initiative",
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"content": "\u003cp>Under legal pressure, Oakland police are unveiling two new programs they hope will help fight the spike in violent crime in the city.\u003c/p>\n\u003cfigure id=\"attachment_77501\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Howard-Jordan.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Howard-Jordan.jpg\" alt=\"\" title=\"Howard Jordan\" width=\"225\" height=\"300\" class=\"size-full wp-image-77501\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Howard Jordan became police chief of Oakland in February 2012. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Five men were shot to death in a 18-hour period Monday night and Tuesday in the city. At the same time, \u003ca href=\"http://ww2.kqed.org/news/2012/10/03/after-raucous-city-council-meeting-reid-hands-police-report-to-blueford-family-redacted/\">pressure is mounting\u003c/a> on the police to account for recent shootings by police.\u003c/p>\n\u003cp>At a media conference Thursday, police announced a new anonymous text-message system to report crimes. “Anyone out on the street can pull out their phone and go as if they were sending a text message, to the number 888-777, and put in the words ‘tip OPD,'” said Travis Scott of Nixle, the company offering the technology.\u003c/p>\n\u003cp>Simultaneously the police commanders said they are launching “Operation Cease-fire,” a program that imposes tough penalties on gang leaders.\u003c/p>\n\u003cp>But East Oakland minister Bishop Bob Jackson said these initiatives are not enough.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I mean the ceasefire movement will take a while to put into effect,” he told KQED’s Andrew Stelzer. “The police officers that are in training right now, they’ll take a while for them to hit the street. I’m talking about some instant action that we need right now. That we need yesterday.”\u003c/p>\n\u003cp>Police Chief Howard Jordan said the 5 recent killings were unrelated and targeted, and there are some leads and witnesses.\u003c/p>\n\u003cp>He refused to answer questions about a filing Thursday by attorneys asking a judge to put the department under federal receivership. The motion by attorneys John Burris and Jim Chanin asks San Francisco U.S. District Court Judge Thelton Henderson to impose a federal receiver to oversee the department. The attorneys say that Oakland city officials and the police have not kept their promises to reform the department after a 2003 lawsuit claimed brutality and other malfeasance.\u003c/p>\n\u003cp>Jordan also had little to say about a report from a court-imposed federal monitor that faults the department for fatally shooting suspects. \u003c/p>\n\u003cp>Instead he cited statistics from a report by the International Association of Chiefs of Police.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“But just to put things into context,” he said, “the IACP just released a report that states that 58 thousand law enforcement officers were feloniously assaulted last year. You have the 4th most dangerous city in America. These are challenges that my officers face very single day.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Under legal pressure, Oakland police are unveiling two new programs they hope will help fight the spike in violent crime in the city.\u003c/p>\n\u003cfigure id=\"attachment_77501\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Howard-Jordan.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/Howard-Jordan.jpg\" alt=\"\" title=\"Howard Jordan\" width=\"225\" height=\"300\" class=\"size-full wp-image-77501\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Howard Jordan became police chief of Oakland in February 2012. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Five men were shot to death in a 18-hour period Monday night and Tuesday in the city. At the same time, \u003ca href=\"http://ww2.kqed.org/news/2012/10/03/after-raucous-city-council-meeting-reid-hands-police-report-to-blueford-family-redacted/\">pressure is mounting\u003c/a> on the police to account for recent shootings by police.\u003c/p>\n\u003cp>At a media conference Thursday, police announced a new anonymous text-message system to report crimes. “Anyone out on the street can pull out their phone and go as if they were sending a text message, to the number 888-777, and put in the words ‘tip OPD,'” said Travis Scott of Nixle, the company offering the technology.\u003c/p>\n\u003cp>Simultaneously the police commanders said they are launching “Operation Cease-fire,” a program that imposes tough penalties on gang leaders.\u003c/p>\n\u003cp>But East Oakland minister Bishop Bob Jackson said these initiatives are not enough.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I mean the ceasefire movement will take a while to put into effect,” he told KQED’s Andrew Stelzer. “The police officers that are in training right now, they’ll take a while for them to hit the street. I’m talking about some instant action that we need right now. That we need yesterday.”\u003c/p>\n\u003cp>Police Chief Howard Jordan said the 5 recent killings were unrelated and targeted, and there are some leads and witnesses.\u003c/p>\n\u003cp>He refused to answer questions about a filing Thursday by attorneys asking a judge to put the department under federal receivership. The motion by attorneys John Burris and Jim Chanin asks San Francisco U.S. District Court Judge Thelton Henderson to impose a federal receiver to oversee the department. The attorneys say that Oakland city officials and the police have not kept their promises to reform the department after a 2003 lawsuit claimed brutality and other malfeasance.\u003c/p>\n\u003cp>Jordan also had little to say about a report from a court-imposed federal monitor that faults the department for fatally shooting suspects. \u003c/p>\n\u003cp>Instead he cited statistics from a report by the International Association of Chiefs of Police.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“But just to put things into context,” he said, “the IACP just released a report that states that 58 thousand law enforcement officers were feloniously assaulted last year. You have the 4th most dangerous city in America. These are challenges that my officers face very single day.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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