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"content": "\u003cp>by Laird Harrison and Scott Shafer\u003c/p>\n\u003cp>He waffled. He backtracked. And on Friday David Blankenhorn, a leading opponent of gay marriage, announced in the \u003ca href=\"http://www.nytimes.com/2012/06/23/opinion/how-my-view-on-gay-marriage-changed.html?_r=1\">New York Times\u003c/a> that he is giving in.\u003c/p>\n\u003cfigure id=\"attachment_68608\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/1073613061.jpg\">\u003cimg class=\"size-medium wp-image-68608\" title=\"Federal Appeals Court Holds Hearing On Prop 8\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/1073613061-300x212.jpg\" alt=\"\" width=\"300\" height=\"212\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters on both sides closely watched the 9th Circuit U.S. Court of Appeals decision on Proposition 8.\u003c/figcaption>\u003c/figure>\n\u003cp>In his 2007 book \"The Future of Marriage,\" and in testimony defending California's Proposition 8 in court, Blankenhorn argued that marriage should only be between a man and a woman.\u003c/p>\n\u003cp>The founder of the \u003ca href=\"http://www.americanvalues.org/\">Institute for American Values\u003c/a>, Blankenhorn served as the star witness for the defense in Perry vs. Brown, the federal case against the state's ban on same-sex marriage.\u003c/p>\n\u003cp>Blankenhorn still believes in the principle that led him to oppose gay marriage, he writes:\u003c/p>\n\u003cblockquote>\u003cp>I opposed gay marriage believing that children have the right, insofar as society makes it possible, to know and to be cared for by the two parents who brought them into this world.\u003c/p>\u003c/blockquote>\n\u003cp>But fighting gay marriage hasn't strengthened heterosexual marriage at all, he writes. The institution has continued to disintegrate, and the argument about gay marriage is tainted by \"anti-gay animus.\"\u003c/p>\n\u003cblockquote>\u003cp>So my intention is to try something new. Instead of fighting gay marriage, I’d like to help build new coalitions bringing together gays who want to strengthen marriage with straight people who want to do the same.\u003c/p>\u003c/blockquote>\n\u003cp>Anyone who witnessed the Prop. 8 trial in 2010 (and sadly few \u003cem>did\u003c/em> since the U.S. Supreme Court banned cameras in the courtroom at the last minute) remembers Blankenhorn's testimony as one of the highlights.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Blankenhorn testified that allowing gays and lesbians to wed would undermine traditional marriage. That's when the fireworks began.\u003c/p>\n\u003cp>During hours of withering cross examination by Prop. 8 opponent David Boies, Blankenhorn bickered, argued and stonewalled -- often refusing to answer Boies' \"yes or no\" questions with a one word answer. Speaking of marriage at one point Blankenhorn said, \"If you change the definition of the 'thing', it is hard to imagine how it wouldn't have an impact on the 'thing'.\"\u003c/p>\n\u003cp>It left both men -- and Judge Vaughn Walker -- a little exasperated.\u003c/p>\n\u003cp>Boies also questioned Blankenhorn's appearance as an \"expert witness.\" (Blankenhorn earned a masters degree in England, where he studied the history of labor unions.)\u003c/p>\n\u003cp>Under persistent questioning by Boies, Blankenhorn was forced to acknowledge that legalizing same sex marriage would most likely \"improve the well being of gay and lesbian households and their children.\"\u003c/p>\n\u003cp>Blankenhorn also confirmed an earlier statement in \"The Future of Marriage\" that the U.S. would be \"more American on the day we permit same-sex marriage than we we were on the day before.\"\u003c/p>\n\u003cp>A perfect witness for Prop. 8 Mr. Blankenhorn was not. And his ambivalence on the stand makes his conversion to same sex supporter less than surprising.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The question now is how far will he go? Will he file an amicus brief for the opponents of Prop. 8 if and when it reaches the U.S. Supreme Court? Where does his evolution end?\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Laird Harrison and Scott Shafer\u003c/p>\n\u003cp>He waffled. He backtracked. And on Friday David Blankenhorn, a leading opponent of gay marriage, announced in the \u003ca href=\"http://www.nytimes.com/2012/06/23/opinion/how-my-view-on-gay-marriage-changed.html?_r=1\">New York Times\u003c/a> that he is giving in.\u003c/p>\n\u003cfigure id=\"attachment_68608\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/1073613061.jpg\">\u003cimg class=\"size-medium wp-image-68608\" title=\"Federal Appeals Court Holds Hearing On Prop 8\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/1073613061-300x212.jpg\" alt=\"\" width=\"300\" height=\"212\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters on both sides closely watched the 9th Circuit U.S. Court of Appeals decision on Proposition 8.\u003c/figcaption>\u003c/figure>\n\u003cp>In his 2007 book \"The Future of Marriage,\" and in testimony defending California's Proposition 8 in court, Blankenhorn argued that marriage should only be between a man and a woman.\u003c/p>\n\u003cp>The founder of the \u003ca href=\"http://www.americanvalues.org/\">Institute for American Values\u003c/a>, Blankenhorn served as the star witness for the defense in Perry vs. Brown, the federal case against the state's ban on same-sex marriage.\u003c/p>\n\u003cp>Blankenhorn still believes in the principle that led him to oppose gay marriage, he writes:\u003c/p>\n\u003cblockquote>\u003cp>I opposed gay marriage believing that children have the right, insofar as society makes it possible, to know and to be cared for by the two parents who brought them into this world.\u003c/p>\u003c/blockquote>\n\u003cp>But fighting gay marriage hasn't strengthened heterosexual marriage at all, he writes. The institution has continued to disintegrate, and the argument about gay marriage is tainted by \"anti-gay animus.\"\u003c/p>\n\u003cblockquote>\u003cp>So my intention is to try something new. Instead of fighting gay marriage, I’d like to help build new coalitions bringing together gays who want to strengthen marriage with straight people who want to do the same.\u003c/p>\u003c/blockquote>\n\u003cp>Anyone who witnessed the Prop. 8 trial in 2010 (and sadly few \u003cem>did\u003c/em> since the U.S. Supreme Court banned cameras in the courtroom at the last minute) remembers Blankenhorn's testimony as one of the highlights.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Blankenhorn testified that allowing gays and lesbians to wed would undermine traditional marriage. That's when the fireworks began.\u003c/p>\n\u003cp>During hours of withering cross examination by Prop. 8 opponent David Boies, Blankenhorn bickered, argued and stonewalled -- often refusing to answer Boies' \"yes or no\" questions with a one word answer. Speaking of marriage at one point Blankenhorn said, \"If you change the definition of the 'thing', it is hard to imagine how it wouldn't have an impact on the 'thing'.\"\u003c/p>\n\u003cp>It left both men -- and Judge Vaughn Walker -- a little exasperated.\u003c/p>\n\u003cp>Boies also questioned Blankenhorn's appearance as an \"expert witness.\" (Blankenhorn earned a masters degree in England, where he studied the history of labor unions.)\u003c/p>\n\u003cp>Under persistent questioning by Boies, Blankenhorn was forced to acknowledge that legalizing same sex marriage would most likely \"improve the well being of gay and lesbian households and their children.\"\u003c/p>\n\u003cp>Blankenhorn also confirmed an earlier statement in \"The Future of Marriage\" that the U.S. would be \"more American on the day we permit same-sex marriage than we we were on the day before.\"\u003c/p>\n\u003cp>A perfect witness for Prop. 8 Mr. Blankenhorn was not. And his ambivalence on the stand makes his conversion to same sex supporter less than surprising.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The question now is how far will he go? Will he file an amicus brief for the opponents of Prop. 8 if and when it reaches the U.S. Supreme Court? Where does his evolution end?\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Oakland officials are acknowledging that Mayor Jean Quan’s \"one-hundred block\" crime-fighting plan miscalculated where most violent crime in the city takes place.\u003c/p>\n\u003cp>Quan has been saying that 90 percent of the crime in Oakland takes place in 100 blocks, and that the city is focusing police and other city services on those blocks.\u003c/p>\n\u003cfigure id=\"attachment_68610\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/JeanQuanandPolice-chief1.jpg\">\u003cimg class=\"size-medium wp-image-68610\" title=\"Mayor Jean Quan and Police Chief Howard Jordan\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/JeanQuanandPolice-chief1-300x197.jpg\" alt=\"\" width=\"300\" height=\"197\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mayor Jean Quan has asked Police Chief Howard Jordan to focus law enforcement on 100 blocks of the city. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>On Wednesday her chief of staff disavowed those numbers. \"I don't know where the 90 percent number came from,\" said Campbell Washington, who joined Quan's staff after the release of the 100 Blocks plan, according to the \u003ca href=\"http://www.insidebayarea.com/ci_20902778/jean-quan-aide-oaklands-100-blocks-statistic-inaccurate?source=most_viewed\">Oakland Tribune\u003c/a>.\u003c/p>\n\u003cp>Earlier this month, the Urban Strategies Council analyzed crime data, and reported that violence was much more spread out geographically.\u003c/p>\n\u003cp>In an interview with KQED’s Andrew Stelzer Thursday, Junious William, the group’s CEO, said Quan’s crime-fighting strategy includes many praise-worthy aspects which should now be adjusted. But he said the larger lesson is that data about the Mayor’s plan and its effectiveness should have been made public.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It's really I think a safeguard for all of us to have the data openly available and the ability for people to look at it and drill down,” he said. “It’s really a sort of self-correcting mechanism.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Quan's office says the mayor didn’t know her data was incorrect until last week.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Oakland officials are acknowledging that Mayor Jean Quan’s \"one-hundred block\" crime-fighting plan miscalculated where most violent crime in the city takes place.\u003c/p>\n\u003cp>Quan has been saying that 90 percent of the crime in Oakland takes place in 100 blocks, and that the city is focusing police and other city services on those blocks.\u003c/p>\n\u003cfigure id=\"attachment_68610\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/JeanQuanandPolice-chief1.jpg\">\u003cimg class=\"size-medium wp-image-68610\" title=\"Mayor Jean Quan and Police Chief Howard Jordan\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/JeanQuanandPolice-chief1-300x197.jpg\" alt=\"\" width=\"300\" height=\"197\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mayor Jean Quan has asked Police Chief Howard Jordan to focus law enforcement on 100 blocks of the city. (Justin Sullivan/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>On Wednesday her chief of staff disavowed those numbers. \"I don't know where the 90 percent number came from,\" said Campbell Washington, who joined Quan's staff after the release of the 100 Blocks plan, according to the \u003ca href=\"http://www.insidebayarea.com/ci_20902778/jean-quan-aide-oaklands-100-blocks-statistic-inaccurate?source=most_viewed\">Oakland Tribune\u003c/a>.\u003c/p>\n\u003cp>Earlier this month, the Urban Strategies Council analyzed crime data, and reported that violence was much more spread out geographically.\u003c/p>\n\u003cp>In an interview with KQED’s Andrew Stelzer Thursday, Junious William, the group’s CEO, said Quan’s crime-fighting strategy includes many praise-worthy aspects which should now be adjusted. But he said the larger lesson is that data about the Mayor’s plan and its effectiveness should have been made public.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It's really I think a safeguard for all of us to have the data openly available and the ability for people to look at it and drill down,” he said. “It’s really a sort of self-correcting mechanism.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Quan's office says the mayor didn’t know her data was incorrect until last week.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>SAN FRANCISCO (BCN) A bicyclist accused of fatally striking a pedestrian in San Francisco’s Castro District in March pleaded not guilty today [Wednesday] to a felony vehicular manslaughter charge.\u003c/p>\n\u003cp>Chris Bucchere, 36, struck 71-year-old Sutchi Hui at Market and Castro streets shortly before 8:10 a.m. on March 29, according to police.\u003c/p>\n\u003cp>Bucchere, who was riding south on Castro Street, struck Hui as he walked east in a crosswalk with a green light, police said. Hui died at a hospital days later.\u003c/p>\n\u003cp>The goateed Bucchere, who wore a blazer and slacks in court, did not speak to reporters after his brief arraignment hearing this afternoon, but his attorneys issued a statement on his behalf.\u003c/p>\n\u003cp>“Chris anticipates the day when he may express his deepest condolences to the Hui family for their tragic loss. But for now, while the case is ongoing, he will continue to cooperate with the authorities and to respond responsibly to the charges in court,” the statement read.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>District Attorney George Gascon filed the charges last week, saying that Bucchere was facing a felony rather than a misdemeanor charge because witnesses reported that he committed “a pattern of vehicle code violations” prior to the collision, including running red lights and stop signs at other intersections.\u003c/p>\n\u003cp>Gascon said that, according to surveillance video footage obtained by prosecutors, it did not appear that Bucchere tried to brake before striking Hui.\u003c/p>\n\u003cp>The case gained further attention when it was revealed that on the day of the collision, someone using the name Chris Bucchere wrote about the accident on an online cycling forum.\u003c/p>\n\u003cp>In the post, Bucchere expressed hope that Hui was OK, but ended by saying the moral of the story was the importance of wearing a helmet, which elicited criticism from other forum members. The post has since been taken off the site.\u003c/p>\n\u003cp>Bucchere surrendered to police on Thursday after the charges were filed, but has since posted $150,000 bail and is out of custody, prosecutors said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>He will return to court on July 27 to set a date for the preliminary hearing.\u003c/p>\n\n",
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"content": "\u003cp>by G.W. Shultz, \u003ca href=\"http://californiawatch.org/dailyreport/feds-want-inventory-free-military-equipment-given-police-16696\">California Watch\u003c/a>\u003c/p>\n\u003cp>Local police will temporarily be barred from receiving free surplus Defense Department weapons until state governments can prove they've adequately kept track of an array of military equipment – including armored vehicles, computers, tactical gear and more – handed over through a special program.\u003c/p>\n\u003cfigure id=\"attachment_68403\" class=\"wp-caption alignright\" style=\"max-width: 304px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/Florida-truck-pic-3.jpg\">\u003cimg class=\"size-full wp-image-68403\" title=\"Florida-truck-pic-3\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/Florida-truck-pic-3.jpg\" alt=\"\" width=\"304\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Trucks for the Los Angeles County Sheriff’s Department crisscross the country to pick up loads of surplus military equipment. (Los Angeles County Sheriff's Department)\u003c/figcaption>\u003c/figure>\n\u003cp>Federal officials attribute the one-time nationwide inventory in part to recent stories from California Watch and The Arizona Republic and state-by-state inquiries made by the Associated Press into oversight of the program, created by Congress during the 1990s to help police in the wars on drugs and terror.\u003c/p>\n\u003cp>California Watch \u003ca href=\"http://californiawatch.org/public-safety/free-military-surplus-gear-boon-local-calif-law-enforcement-15493\" target=\"_blank\">reported\u003c/a> in March that agencies in the Golden State had snapped up more in cast-off military goods during 2011 than any other year in the program's two-decade history. The Los Angeles County Sheriff's Department acquires an average of $4 million to $5 million annually in excess gear and uses four long-haul semitrailers to crisscross the country picking it all up.\u003c/p>\n\u003cp>Michelle McCaskill, spokeswoman for the Defense Logistics Agency, said in an email that her office wants state coordinators of the program to certify their inventories of “weapons, and in some cases, other specified kinds of property.” McCaskill said it’s unclear how long the inventory will take, but weapons will not be issued until the requested information is received and verified.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“There was not a total cessation of the program, and the only items not being issued now are weapons,” she wrote.\u003c/p>\n\u003cp>The Associated Press first noted the development June 8 and said accounting records kept under the program vary state by state. “Most of the state surplus program coordinators who have responded to records requests from the (Associated Press) say they only keep paper records. The few states that keep electronic records only recently made the switch from paper.”\u003c/p>\n\u003cp>The Arizona Republic revealed in May that the Pinal County Sheriff’s Office had acquired millions of dollars worth of Humvees, barber chairs, guns, fire trucks, thermal-imaging scopes and more through the program, but it planned to sell some of the equipment in order to pad its budget. Local police are permitted to auction off surplus items after a period of time, but not expressly for the purpose of raising money.\u003c/p>\n\u003cp>“In March, (Sheriff Paul) Babeu told Pinal County supervisors that he had acquired a huge amount of military goods that would be sold to help balance his office’s $47 million budget,” according to the paper's story. “He said auctions were to begin in April, and proceeds ‘could crest 200,000 (to) a half-million (dollars) in a period of six months.’ (Retired Arizona Department of Public Safety officer Norman) Jones said the Pinal County practice is outrageous. ‘They hoard stuff,’ he said. ‘They’ve opened a little swap meet.’ ”\u003c/p>\n\u003cp>California Watch found that last year alone, more than 163,000 items valued at more than $26.2 million were transferred to local agencies in the Golden State, including a full-tracked tank given to rural San Joaquin County. Police across the country went after nearly a half-billion dollars worth of equipment, including 60 aircraft and thousands more weapons than the previous year. Dollar amounts listed in data obtained by California Watch were based on what the military initially paid for the items.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Examples of equipment included riot shields and tactical apparel given to campus police at El Camino College in Torrance; hundreds of rifles for the California Highway Patrol; bayonet knives, ammunition cans and workout equipment for the LA sheriff; and 34 M16s for the Elk Grove Police Department in Sacramento County.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>by G.W. Shultz, \u003ca href=\"http://californiawatch.org/dailyreport/feds-want-inventory-free-military-equipment-given-police-16696\">California Watch\u003c/a>\u003c/p>\n\u003cp>Local police will temporarily be barred from receiving free surplus Defense Department weapons until state governments can prove they've adequately kept track of an array of military equipment – including armored vehicles, computers, tactical gear and more – handed over through a special program.\u003c/p>\n\u003cfigure id=\"attachment_68403\" class=\"wp-caption alignright\" style=\"max-width: 304px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/Florida-truck-pic-3.jpg\">\u003cimg class=\"size-full wp-image-68403\" title=\"Florida-truck-pic-3\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/Florida-truck-pic-3.jpg\" alt=\"\" width=\"304\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Trucks for the Los Angeles County Sheriff’s Department crisscross the country to pick up loads of surplus military equipment. (Los Angeles County Sheriff's Department)\u003c/figcaption>\u003c/figure>\n\u003cp>Federal officials attribute the one-time nationwide inventory in part to recent stories from California Watch and The Arizona Republic and state-by-state inquiries made by the Associated Press into oversight of the program, created by Congress during the 1990s to help police in the wars on drugs and terror.\u003c/p>\n\u003cp>California Watch \u003ca href=\"http://californiawatch.org/public-safety/free-military-surplus-gear-boon-local-calif-law-enforcement-15493\" target=\"_blank\">reported\u003c/a> in March that agencies in the Golden State had snapped up more in cast-off military goods during 2011 than any other year in the program's two-decade history. The Los Angeles County Sheriff's Department acquires an average of $4 million to $5 million annually in excess gear and uses four long-haul semitrailers to crisscross the country picking it all up.\u003c/p>\n\u003cp>Michelle McCaskill, spokeswoman for the Defense Logistics Agency, said in an email that her office wants state coordinators of the program to certify their inventories of “weapons, and in some cases, other specified kinds of property.” McCaskill said it’s unclear how long the inventory will take, but weapons will not be issued until the requested information is received and verified.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“There was not a total cessation of the program, and the only items not being issued now are weapons,” she wrote.\u003c/p>\n\u003cp>The Associated Press first noted the development June 8 and said accounting records kept under the program vary state by state. “Most of the state surplus program coordinators who have responded to records requests from the (Associated Press) say they only keep paper records. The few states that keep electronic records only recently made the switch from paper.”\u003c/p>\n\u003cp>The Arizona Republic revealed in May that the Pinal County Sheriff’s Office had acquired millions of dollars worth of Humvees, barber chairs, guns, fire trucks, thermal-imaging scopes and more through the program, but it planned to sell some of the equipment in order to pad its budget. Local police are permitted to auction off surplus items after a period of time, but not expressly for the purpose of raising money.\u003c/p>\n\u003cp>“In March, (Sheriff Paul) Babeu told Pinal County supervisors that he had acquired a huge amount of military goods that would be sold to help balance his office’s $47 million budget,” according to the paper's story. “He said auctions were to begin in April, and proceeds ‘could crest 200,000 (to) a half-million (dollars) in a period of six months.’ (Retired Arizona Department of Public Safety officer Norman) Jones said the Pinal County practice is outrageous. ‘They hoard stuff,’ he said. ‘They’ve opened a little swap meet.’ ”\u003c/p>\n\u003cp>California Watch found that last year alone, more than 163,000 items valued at more than $26.2 million were transferred to local agencies in the Golden State, including a full-tracked tank given to rural San Joaquin County. Police across the country went after nearly a half-billion dollars worth of equipment, including 60 aircraft and thousands more weapons than the previous year. Dollar amounts listed in data obtained by California Watch were based on what the military initially paid for the items.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Examples of equipment included riot shields and tactical apparel given to campus police at El Camino College in Torrance; hundreds of rifles for the California Highway Patrol; bayonet knives, ammunition cans and workout equipment for the LA sheriff; and 34 M16s for the Elk Grove Police Department in Sacramento County.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Ever tried commuting by bicycle from the East Bay to San Francisco? It's a challenge. Bikes are banned on the Bay Bridge at all hours, and on BART in commute directions at rush hour.\u003c/p>\n\u003cp>Of course you can leave your bike at your local station, then hop on a train -- but then you run the risk of theft.\u003c/p>\n\u003cp>Now BART is offering at least some temporary good news.\u003c/p>\n\u003cp>The transit agency's police believe they have collared a thief who targeted its stations. And as an experiment the agency will allow bicyclists to ride in commute times and directions on Fridays in August.\u003c/p>\n\u003cp>The police say they caught 47-year-old Brett Major of San Francisco in the act of stealing a bicycle at the 24th Street Station.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>BART police booked Major at San Francisco County Jail on suspicion of burglary, theft, possession of burglary tools, and an outstanding warrant originating from Alameda County. A subsequent search of Majors’ home turned up seven bicycle frames and parts, which BART Police believe to be stolen, the agency said.\u003c/p>\n\u003cp>If you are missing a bike -- especially if it's one you parked at a BART station -- take a look at the \u003ca href=\"http://www.bart.gov/news/articles/2012/news20120612.aspx\">photos\u003c/a> of frames BART has posted to see if one of them belongs to you.\u003c/p>\n\u003cp>You'll have to provide either a case number from a theft report or show other proof of ownership before you can claim your missing ride. (For example, you could show a receipt with a serial number or other identifiable marks unique to the bicycle.) If you recognize the bicycle parts as yours, telephone the BART Police Investigations Unit at (510) 464-7040, or email Detective Wendy Sanchez at Wsanche@bart.gov.\u003c/p>\n\u003cp>You can also look for your stolen bicycles on a website posted by the San Francisco Police Department’s Ingleside Station. That agency seized 114 recovered stolen bicycles \u003ca href=\"http://inglesidepolicestation.com/#1%21_bike-recovery\">and posted information and photos\u003c/a> on May 17, 2012.\u003c/p>\n\u003cp>In a separate initiative, BART will allow bikes on BART all day on Fridays in August. The idea is to see how bikes during rush hour \"will affect passengers and train operations.\" This pilot program does not change bicycle rules for Monday through Thursday, or BART’s prohibition of riders boarding with bikes in the first car or crowded trains.\u003c/p>\n\u003cp>If the program goes smoothly, BART might expand it. Its evaluation will include feedback from BART riders, both cyclists and non-cyclists, and an analysis of \"operational issues, such as the amount of time a train remains at each station to accommodate bicycle boarding,\" the agency said.\u003c/p>\n\u003cp>About 4% of BART customers ride bikes to BART stations. Among those 4%, about 60% bring their bikes on board trains, the agency says.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>For more information on BART's bike rules see \u003ca href=\"http://www.bart.gov/bikes\">www.bart.gov/bikes\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>BART police booked Major at San Francisco County Jail on suspicion of burglary, theft, possession of burglary tools, and an outstanding warrant originating from Alameda County. A subsequent search of Majors’ home turned up seven bicycle frames and parts, which BART Police believe to be stolen, the agency said.\u003c/p>\n\u003cp>If you are missing a bike -- especially if it's one you parked at a BART station -- take a look at the \u003ca href=\"http://www.bart.gov/news/articles/2012/news20120612.aspx\">photos\u003c/a> of frames BART has posted to see if one of them belongs to you.\u003c/p>\n\u003cp>You'll have to provide either a case number from a theft report or show other proof of ownership before you can claim your missing ride. (For example, you could show a receipt with a serial number or other identifiable marks unique to the bicycle.) If you recognize the bicycle parts as yours, telephone the BART Police Investigations Unit at (510) 464-7040, or email Detective Wendy Sanchez at Wsanche@bart.gov.\u003c/p>\n\u003cp>You can also look for your stolen bicycles on a website posted by the San Francisco Police Department’s Ingleside Station. That agency seized 114 recovered stolen bicycles \u003ca href=\"http://inglesidepolicestation.com/#1%21_bike-recovery\">and posted information and photos\u003c/a> on May 17, 2012.\u003c/p>\n\u003cp>In a separate initiative, BART will allow bikes on BART all day on Fridays in August. The idea is to see how bikes during rush hour \"will affect passengers and train operations.\" This pilot program does not change bicycle rules for Monday through Thursday, or BART’s prohibition of riders boarding with bikes in the first car or crowded trains.\u003c/p>\n\u003cp>If the program goes smoothly, BART might expand it. Its evaluation will include feedback from BART riders, both cyclists and non-cyclists, and an analysis of \"operational issues, such as the amount of time a train remains at each station to accommodate bicycle boarding,\" the agency said.\u003c/p>\n\u003cp>About 4% of BART customers ride bikes to BART stations. Among those 4%, about 60% bring their bikes on board trains, the agency says.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>For more information on BART's bike rules see \u003ca href=\"http://www.bart.gov/bikes\">www.bart.gov/bikes\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "governor-wants-fire-retardants-out-of-california-couches",
"title": "Governor Wants Fire Retardants Out of California Couches",
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"content": "\u003cp>by Christina Jewett, \u003ca href=\"http://www.baycitizen.org/health/story/governor-calls-state-agency-get-out/\">The Bay Citizen\u003c/a>\u003c/p>\n\u003cp>Gov. Jerry Brown announced Monday that he directed a state agency to change a decades-old legal provision that, in essence, forces furniture makers to pump pounds of hazardous chemicals into couches and other furniture.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/BayCitizenLogo.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-full wp-image-68299\" title=\"BayCitizenLogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/BayCitizenLogo.png\" alt=\"\" width=\"218\" height=\"74\">\u003c/a>Mounting research \u003ca href=\"http://media.apps.chicagotribune.com/flames/index.html\" target=\"_blank\" rel=\"noopener\">and news reports\u003c/a> have shown that fire-retardant chemicals are linked to health risks and that the industry that sells them has gone to great lengths to see that they are infused in furniture foam.\u003c/p>\n\u003cp>Brown’s \u003ca href=\"http://dl5.activatedirect.com/fs/distribution:wl/ze7pzanwmhlzgt/10nggl68nst5q4c/daid/10ngmaugp28kagv?_c=d%7Cze7pzanwmhlzgt%7C10ngmaugp28kagv&_ce=1340045392.ea99e7f4a2fb765628a93f206d6c6eb7\" target=\"_blank\" rel=\"noopener\">order is a nod\u003c/a> to evolving furniture-safety science that shows that fire prevention can be achieved without the use of chemicals that are connected to cancer and reproductive harm.\u003c/p>\n\u003cp>“Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” Brown said in a statement. “We must find better ways to meet fire safety standards by reducing and eliminating – wherever possible – dangerous chemicals.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Brown’s order calls on the state’s consumer safety bureau to reduce chemicals used to ensure product safety. Fire safety authorities say there are ways to regulate the weave of fabrics and construction of products to reduce fire risk while limiting chemical use.\u003c/p>\n\u003cp>The newfound resolve to limit the chemicals will \u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">mark a reversal\u003c/a> for several state agencies. State consumer product and environmental agencies have opposed several of state Sen. Mark Leno’s, D-San Francisco,\u003ca href=\"http://californiawatch.org/dailyreport/advocates-continue-battle-against-flame-retardant-chemicals-16355\" target=\"_blank\" rel=\"noopener\">efforts to limit\u003c/a> flame-retardant chemicals in couches in 2007 through 2009.\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">Legislative review documents\u003c/a> \u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">show that\u003c/a> in 2007, both the California Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment opposed proposed bills that would have limited chemical use.\u003c/p>\n\u003cp>In 2008 and 2009, the Department of Consumer Affairs \u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">opposed two\u003c/a> bills that would have changed the state’s fire safety standard or called for removal of flame retardants from juvenile products, such as strollers and nursing pillows.\u003c/p>\n\u003cp>\u003ca href=\"http://www.eastbayexpress.com/ebx/money-to-burn/Content?oid=3042155\" target=\"_blank\" rel=\"noopener\">News reports and\u003c/a> lobbying records show that the chemical industry spent tens of millions of dollars fighting such proposed bills and have lobbied the Department of Consumer Affairs and environmental agencies.\u003c/p>\n\u003cp>The American Chemistry Council, which represents makers of flame retardants, has said that the chemicals are safe as used and they play a key role in reducing fires in homes.\u003c/p>\n\u003cp>Russ Heimerich, a spokesman for the Department of Consumer Affairs, said officials are now committed to revising Technical Bulletin 117, the provision of law that leads to the heavy use of chemicals in furniture.\u003c/p>\n\u003cp>“We have been looking at TB 117 for a while, so now that we have direction from the governor, we’re in a position to execute that direction quickly,” Heimerich said.\u003c/p>\n\u003cp>He said the agency is planning to meet with environmental and industry leaders in coming weeks and aims to draft a new regulation by late August. He said they can take up to a year to take effect.\u003c/p>\n\u003cp>Sarah Jannsen, senior scientist for the \u003ca href=\"http://www.nrdc.org/\">Natural Resources Defense Council\u003c/a>, applauded the governor’s announcement. She said a mounting body of research has shown high levels of flame-fighting chemicals in Californians’ blood and linked them to reproductive and learning challenges.\u003c/p>\n\u003cp>“Ultimately the signal is that we’ll be able to have couches that meet modern manufacturing and flammability standards without contaminating our homes and our bodies with toxic chemicals,” she said.\u003c/p>\n\u003cp>Jannsen said a couch she bought in 2007 was infused with chlorinated Tris, a chemical that last year was\u003ca href=\"http://californiawatch.org/dailyreport/flame-retardant-added-states-list-cancer-causing-chemicals-13065\" target=\"_blank\" rel=\"noopener\">added to the state’s\u003c/a> list of cancer-causing substances.\u003c/p>\n\u003cp>Before Tris was outlawed, PBDEs, chemicals that have been linked to lower IQs in children, were banned from couches by 2003 state legislation. “We’ve replaced one bad chemical with another, again and again and again,” Jannsen said.\u003c/p>\n\u003cp>Andrew McGuire, policy director of Green Science Policy Institute, said Brown’s announcement is a major victory in what’s been a lengthy battle for environmentalists. He said the next phase of work needs to examine getting the chemicals, which have been found in the bodies of whales near Alaska, out of the environment.\u003c/p>\n\u003cp>He said couches are dumped in landfills, and rain carries the flame-retardant chemicals into groundwater and the ocean. “I think generations are going to deal with this,” he said.\u003c/p>\n\u003cp>Lawmakers will begin a discussion of the chemicals during an informational \u003ca href=\"http://aesm.assembly.ca.gov/hearings\" target=\"_blank\" rel=\"noopener\">hearing\u003c/a> June 26 called by Assemblyman Bob Wieckowski, D-Fremont, chairman of the Assembly Committee on Environmental Safety and Toxic Materials.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Note: KQED’s Amy Standen has \u003ca href=\"http://www.kqed.org/news/story/2012/06/18/98102/governor_orders_change_in_state_policy_on_flame_retardants_in?category=bay+area\">reported\u003c/a> on this issue as well.\u003c/em>\u003c/p>\n\n",
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"title": "Governor Wants Fire Retardants Out of California Couches | KQED",
"description": "by Christina Jewett, The Bay Citizen Gov. Jerry Brown announced Monday that he directed a state agency to change a decades-old legal provision that, in essence, forces furniture makers to pump pounds of hazardous chemicals into couches and other furniture. Mounting research and news reports have shown that fire-retardant chemicals are linked to health risks and that the industry that sells them has gone to great lengths to see that they are infused in furniture foam. Brown’s order is a nod to evolving furniture-safety science that shows that fire prevention can be achieved without the use of chemicals that are connected to cancer and",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Christina Jewett, \u003ca href=\"http://www.baycitizen.org/health/story/governor-calls-state-agency-get-out/\">The Bay Citizen\u003c/a>\u003c/p>\n\u003cp>Gov. Jerry Brown announced Monday that he directed a state agency to change a decades-old legal provision that, in essence, forces furniture makers to pump pounds of hazardous chemicals into couches and other furniture.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/BayCitizenLogo.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignleft size-full wp-image-68299\" title=\"BayCitizenLogo\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/BayCitizenLogo.png\" alt=\"\" width=\"218\" height=\"74\">\u003c/a>Mounting research \u003ca href=\"http://media.apps.chicagotribune.com/flames/index.html\" target=\"_blank\" rel=\"noopener\">and news reports\u003c/a> have shown that fire-retardant chemicals are linked to health risks and that the industry that sells them has gone to great lengths to see that they are infused in furniture foam.\u003c/p>\n\u003cp>Brown’s \u003ca href=\"http://dl5.activatedirect.com/fs/distribution:wl/ze7pzanwmhlzgt/10nggl68nst5q4c/daid/10ngmaugp28kagv?_c=d%7Cze7pzanwmhlzgt%7C10ngmaugp28kagv&_ce=1340045392.ea99e7f4a2fb765628a93f206d6c6eb7\" target=\"_blank\" rel=\"noopener\">order is a nod\u003c/a> to evolving furniture-safety science that shows that fire prevention can be achieved without the use of chemicals that are connected to cancer and reproductive harm.\u003c/p>\n\u003cp>“Toxic flame retardants are found in everything from high chairs to couches and a growing body of evidence suggests that these chemicals harm human health and the environment,” Brown said in a statement. “We must find better ways to meet fire safety standards by reducing and eliminating – wherever possible – dangerous chemicals.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Brown’s order calls on the state’s consumer safety bureau to reduce chemicals used to ensure product safety. Fire safety authorities say there are ways to regulate the weave of fabrics and construction of products to reduce fire risk while limiting chemical use.\u003c/p>\n\u003cp>The newfound resolve to limit the chemicals will \u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">mark a reversal\u003c/a> for several state agencies. State consumer product and environmental agencies have opposed several of state Sen. Mark Leno’s, D-San Francisco,\u003ca href=\"http://californiawatch.org/dailyreport/advocates-continue-battle-against-flame-retardant-chemicals-16355\" target=\"_blank\" rel=\"noopener\">efforts to limit\u003c/a> flame-retardant chemicals in couches in 2007 through 2009.\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">Legislative review documents\u003c/a> \u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">show that\u003c/a> in 2007, both the California Department of Toxic Substances Control and the Office of Environmental Health Hazard Assessment opposed proposed bills that would have limited chemical use.\u003c/p>\n\u003cp>In 2008 and 2009, the Department of Consumer Affairs \u003ca href=\"http://www.scribd.com/doc/97475785/tb-117-docs\" target=\"_blank\" rel=\"noopener\">opposed two\u003c/a> bills that would have changed the state’s fire safety standard or called for removal of flame retardants from juvenile products, such as strollers and nursing pillows.\u003c/p>\n\u003cp>\u003ca href=\"http://www.eastbayexpress.com/ebx/money-to-burn/Content?oid=3042155\" target=\"_blank\" rel=\"noopener\">News reports and\u003c/a> lobbying records show that the chemical industry spent tens of millions of dollars fighting such proposed bills and have lobbied the Department of Consumer Affairs and environmental agencies.\u003c/p>\n\u003cp>The American Chemistry Council, which represents makers of flame retardants, has said that the chemicals are safe as used and they play a key role in reducing fires in homes.\u003c/p>\n\u003cp>Russ Heimerich, a spokesman for the Department of Consumer Affairs, said officials are now committed to revising Technical Bulletin 117, the provision of law that leads to the heavy use of chemicals in furniture.\u003c/p>\n\u003cp>“We have been looking at TB 117 for a while, so now that we have direction from the governor, we’re in a position to execute that direction quickly,” Heimerich said.\u003c/p>\n\u003cp>He said the agency is planning to meet with environmental and industry leaders in coming weeks and aims to draft a new regulation by late August. He said they can take up to a year to take effect.\u003c/p>\n\u003cp>Sarah Jannsen, senior scientist for the \u003ca href=\"http://www.nrdc.org/\">Natural Resources Defense Council\u003c/a>, applauded the governor’s announcement. She said a mounting body of research has shown high levels of flame-fighting chemicals in Californians’ blood and linked them to reproductive and learning challenges.\u003c/p>\n\u003cp>“Ultimately the signal is that we’ll be able to have couches that meet modern manufacturing and flammability standards without contaminating our homes and our bodies with toxic chemicals,” she said.\u003c/p>\n\u003cp>Jannsen said a couch she bought in 2007 was infused with chlorinated Tris, a chemical that last year was\u003ca href=\"http://californiawatch.org/dailyreport/flame-retardant-added-states-list-cancer-causing-chemicals-13065\" target=\"_blank\" rel=\"noopener\">added to the state’s\u003c/a> list of cancer-causing substances.\u003c/p>\n\u003cp>Before Tris was outlawed, PBDEs, chemicals that have been linked to lower IQs in children, were banned from couches by 2003 state legislation. “We’ve replaced one bad chemical with another, again and again and again,” Jannsen said.\u003c/p>\n\u003cp>Andrew McGuire, policy director of Green Science Policy Institute, said Brown’s announcement is a major victory in what’s been a lengthy battle for environmentalists. He said the next phase of work needs to examine getting the chemicals, which have been found in the bodies of whales near Alaska, out of the environment.\u003c/p>\n\u003cp>He said couches are dumped in landfills, and rain carries the flame-retardant chemicals into groundwater and the ocean. “I think generations are going to deal with this,” he said.\u003c/p>\n\u003cp>Lawmakers will begin a discussion of the chemicals during an informational \u003ca href=\"http://aesm.assembly.ca.gov/hearings\" target=\"_blank\" rel=\"noopener\">hearing\u003c/a> June 26 called by Assemblyman Bob Wieckowski, D-Fremont, chairman of the Assembly Committee on Environmental Safety and Toxic Materials.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Note: KQED’s Amy Standen has \u003ca href=\"http://www.kqed.org/news/story/2012/06/18/98102/governor_orders_change_in_state_policy_on_flame_retardants_in?category=bay+area\">reported\u003c/a> on this issue as well.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Why One US Marshal is Still Looking for Alcatraz Escapees",
"title": "Why One US Marshal is Still Looking for Alcatraz Escapees",
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"content": "\u003cfigure id=\"attachment_67693\" class=\"wp-caption alignright\" style=\"max-width: 270px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/alcatraz1.jpg\">\u003cimg class=\"size-medium wp-image-67693\" title=\"alcatraz\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/alcatraz1-300x225.jpg\" alt=\"\" width=\"270\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Aerial view of Alcatraz. (Craig Miller/Climate Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>Today marks the 50th anniversary of the only successful jailbreak from the \u003ca href=\"http://www.nps.gov/alca/historyculture/us-penitentiary-alcatraz.htm\">federal penitentary on Alcatraz Island\u003c/a>. And there's one guy at least, who's not treating this as history.\u003c/p>\n\u003cp>KQED's Joshua Johnson on Friday talked to U.S. Marshal Michael Dyke, the lone investigator still on the case, and believe us, he's \u003ca href=\"http://www.usmarshals.gov/news/chron/2012/060712a.htm\">not out there\u003c/a> looking for \u003ca href=\"http://www.youtube.com/watch?v=s3zJKwzeyQE\">Clint Eastwood\u003c/a>.\u003c/p>\n\u003cp>Here's the edited interview on Dyke's hunt for Frank Morris, Clarence Anglin and John Anglin, who in 1962 slipped through the prison's vents and off the island in a raft made of old raincoats.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: Take us back to June 11, 1962. What happened in the case?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: After months of preparation, Frank Morris and John and Clarence Anglin left through holes they had chiseled [with spoons and knives] out of the back of their cell, climbed up a utility corridor, put together a raft they'd been working on and life vests, exited a ventilation unit at the top of the building, climbed down a stove pipe in back of the kitchen and went all the way down to the water's edge without being detected. [Note: As the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/08/MNQ61OV4QK.DTL\">Chronicle report\u003c/a>s, they also used \"realistic dummy heads made from plaster, soap and hair in their beds\" to buy time for the escape.] \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At that point they inflated the raft and left the island. After that, nobody seems to know what happened.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: I wonder why this case is still relevant. Is there a point at which the U.S. Marshals Service considers it OK to stop looking?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: The U.S. Marshals Service continues to look for anybody with a federal warrant until such time as we can determine that person to be dead or in custody, or 99 years old.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: Have there been many leads in the case?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: There have been many, many leads that really never panned out. There are a lot of leads in foreign countries, and those are difficult to follow up because of lack of record-keeping or lack of information. Even the leads in this country are very old, so it's hard to trace that information.\u003c/p>\n\u003cp>Fortunately there are a lot of records that are still around. But others have been destroyed and some witnesses have died. You can't interview a dead person. So it's very difficult.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: When did you last get a hot tip?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: I have been dealing on and off with a lead in the Bahamas for about nine years now. The person was claiming that Clarence Anglin had lived in the Bahamas since 1962, had gotten married there, and had recently died there. But recently I received some additional photographs, and I ended up deciding that they didn't match. When you do facial geometry -- the distance between the eyes, the shape of the nose, the frown lines, things that don't change over time -- you can tell it's not the same person.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: What's the point of continuing to search for people after so much time? They could be at the bottom of the bay....\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: If the Marshals Service gave up on every case just because it's hard or just because it's a long time, we would give up on a lot of people who later get caught, and those are often homicide cases.\u003c/p>\n\u003cp>Three or four months ago, one of the deputies in my Oakland office caught a homicide suspect from Arizona in a 20-year-old case. There are a lot of cases we work, and we do have good results even on older cases.\u003c/p>\n\u003cp>Also every investigation involves more than just looking at old records, it involves interviews that lead to other things. While I worked on one case, I got information that led to another case that corroborated evidence that led to an arrest.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: Is it worth the money?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: The Marshals Service doesn't waste hardly any money on anything. I spend almost nothing on the case in terms of dollars. I have a lot of other things I do and this case is not a priority. I work on it almost as much on my own time as here in the office. The time is well spent.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: If someone does have information, what should they do?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: There is a \u003ca href=\"mailto:usms.wanted@usdoj.gov\">way to leave tips on our website\u003c/a>, and there is a \u003ca href=\"http://www.usmarshals.gov/contacts/index.html\">phone number\u003c/a> to call.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>More on the anniversary and the hunt for the escapees from the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/08/MNQ61OV4QK.DTL\">Chronicle\u003c/a> and \u003ca href=\"http://www.npr.org/2012/06/10/154614456/return-to-alcatraz-will-a-legend-end-after-50-years\">NPR\u003c/a>\u003c/em>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_67693\" class=\"wp-caption alignright\" style=\"max-width: 270px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/alcatraz1.jpg\">\u003cimg class=\"size-medium wp-image-67693\" title=\"alcatraz\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/06/alcatraz1-300x225.jpg\" alt=\"\" width=\"270\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Aerial view of Alcatraz. (Craig Miller/Climate Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>Today marks the 50th anniversary of the only successful jailbreak from the \u003ca href=\"http://www.nps.gov/alca/historyculture/us-penitentiary-alcatraz.htm\">federal penitentary on Alcatraz Island\u003c/a>. And there's one guy at least, who's not treating this as history.\u003c/p>\n\u003cp>KQED's Joshua Johnson on Friday talked to U.S. Marshal Michael Dyke, the lone investigator still on the case, and believe us, he's \u003ca href=\"http://www.usmarshals.gov/news/chron/2012/060712a.htm\">not out there\u003c/a> looking for \u003ca href=\"http://www.youtube.com/watch?v=s3zJKwzeyQE\">Clint Eastwood\u003c/a>.\u003c/p>\n\u003cp>Here's the edited interview on Dyke's hunt for Frank Morris, Clarence Anglin and John Anglin, who in 1962 slipped through the prison's vents and off the island in a raft made of old raincoats.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: Take us back to June 11, 1962. What happened in the case?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: After months of preparation, Frank Morris and John and Clarence Anglin left through holes they had chiseled [with spoons and knives] out of the back of their cell, climbed up a utility corridor, put together a raft they'd been working on and life vests, exited a ventilation unit at the top of the building, climbed down a stove pipe in back of the kitchen and went all the way down to the water's edge without being detected. [Note: As the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/08/MNQ61OV4QK.DTL\">Chronicle report\u003c/a>s, they also used \"realistic dummy heads made from plaster, soap and hair in their beds\" to buy time for the escape.] \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At that point they inflated the raft and left the island. After that, nobody seems to know what happened.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: I wonder why this case is still relevant. Is there a point at which the U.S. Marshals Service considers it OK to stop looking?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: The U.S. Marshals Service continues to look for anybody with a federal warrant until such time as we can determine that person to be dead or in custody, or 99 years old.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: Have there been many leads in the case?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: There have been many, many leads that really never panned out. There are a lot of leads in foreign countries, and those are difficult to follow up because of lack of record-keeping or lack of information. Even the leads in this country are very old, so it's hard to trace that information.\u003c/p>\n\u003cp>Fortunately there are a lot of records that are still around. But others have been destroyed and some witnesses have died. You can't interview a dead person. So it's very difficult.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: When did you last get a hot tip?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: I have been dealing on and off with a lead in the Bahamas for about nine years now. The person was claiming that Clarence Anglin had lived in the Bahamas since 1962, had gotten married there, and had recently died there. But recently I received some additional photographs, and I ended up deciding that they didn't match. When you do facial geometry -- the distance between the eyes, the shape of the nose, the frown lines, things that don't change over time -- you can tell it's not the same person.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: What's the point of continuing to search for people after so much time? They could be at the bottom of the bay....\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: If the Marshals Service gave up on every case just because it's hard or just because it's a long time, we would give up on a lot of people who later get caught, and those are often homicide cases.\u003c/p>\n\u003cp>Three or four months ago, one of the deputies in my Oakland office caught a homicide suspect from Arizona in a 20-year-old case. There are a lot of cases we work, and we do have good results even on older cases.\u003c/p>\n\u003cp>Also every investigation involves more than just looking at old records, it involves interviews that lead to other things. While I worked on one case, I got information that led to another case that corroborated evidence that led to an arrest.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: Is it worth the money?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: The Marshals Service doesn't waste hardly any money on anything. I spend almost nothing on the case in terms of dollars. I have a lot of other things I do and this case is not a priority. I work on it almost as much on my own time as here in the office. The time is well spent.\u003c/p>\n\u003cp>\u003cstrong>JOSHUA JOHNSON\u003c/strong>: If someone does have information, what should they do?\u003c/p>\n\u003cp>\u003cstrong>MICHAEL DYKE\u003c/strong>: There is a \u003ca href=\"mailto:usms.wanted@usdoj.gov\">way to leave tips on our website\u003c/a>, and there is a \u003ca href=\"http://www.usmarshals.gov/contacts/index.html\">phone number\u003c/a> to call.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>More on the anniversary and the hunt for the escapees from the \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/08/MNQ61OV4QK.DTL\">Chronicle\u003c/a> and \u003ca href=\"http://www.npr.org/2012/06/10/154614456/return-to-alcatraz-will-a-legend-end-after-50-years\">NPR\u003c/a>\u003c/em>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>SAN FRANCISCO (Bay City News) A state appeals court in San Francisco today upheld the involuntary manslaughter conviction of former BART police officer Johannes Mehserle in the killing of an unarmed passenger in 2009.\u003c/p>\n\u003cp>Mehserle, 30, has already served his sentence for the fatal shooting of Oscar Grant, 22, of Hayward, at BART's Fruitvale station in Oakland early on New Year's Day in 2009.\u003c/p>\n\u003cp>After being convicted in 2010 in a trial that was moved to Los Angeles, Mehserle was sentenced to two years in prison. He was released last year after receiving credits that reduced his time in custody to about a year.\u003c/p>\n\u003cp>Mehserle appealed his conviction to the Court of Appeal in a bid to clear his name of a felony record, his lawyers have said. \u003c!--more-->\u003c/p>\n\u003cp>In today's decision, a three-judge panel of the appeals court rejected his claim that there was insufficient evidence to support a conviction of involuntary manslaughter.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mehserle testified at his trial that he intended to use his Taser stun gun to subdue Grant but accidentally used his service revolver instead. \u003c/p>\n\u003cp>His lawyers argued in the appeal that while he made a \"tragic and horrible\" error, he didn't act with the level of criminal recklessness or negligence that legally defines involuntary manslaughter.\u003c/p>\n\u003cp>But the appeals court said, \"We find sufficient evidence that his conduct of mistakenly drawing and firing his handgun instead of his taser constitutes criminal negligence.\"\u003c/p>\n\u003cp>The court said Mehserle's handgun was \"peculiarly distinguishable from his taser for a number of reasons\": the handgun was more than three times heavier; the gun was black and the taser was bright yellow; the gun was on his right side and the taser on his left; and the two devices were kept in their holsters in different ways.\u003c/p>\n\u003cp>\"The jury could have reasonably found defendant's conduct rose to the level of conscious indifference to the consequences of his acts, and was not a mere mistake,\" Justice James Marchiano wrote for the court.\u003c/p>\n\u003cp>The panel also turned down Mehserle's challenge to jury instructions given at his trial and his claim that he should have been granted probation instead of a prison sentence.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mehserle's attorneys were not immediately available for comment on the decision, which could be appealed further to the California Supreme Court.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SAN FRANCISCO (Bay City News) A state appeals court in San Francisco today upheld the involuntary manslaughter conviction of former BART police officer Johannes Mehserle in the killing of an unarmed passenger in 2009.\u003c/p>\n\u003cp>Mehserle, 30, has already served his sentence for the fatal shooting of Oscar Grant, 22, of Hayward, at BART's Fruitvale station in Oakland early on New Year's Day in 2009.\u003c/p>\n\u003cp>After being convicted in 2010 in a trial that was moved to Los Angeles, Mehserle was sentenced to two years in prison. He was released last year after receiving credits that reduced his time in custody to about a year.\u003c/p>\n\u003cp>Mehserle appealed his conviction to the Court of Appeal in a bid to clear his name of a felony record, his lawyers have said. \u003c!--more-->\u003c/p>\n\u003cp>In today's decision, a three-judge panel of the appeals court rejected his claim that there was insufficient evidence to support a conviction of involuntary manslaughter.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mehserle testified at his trial that he intended to use his Taser stun gun to subdue Grant but accidentally used his service revolver instead. \u003c/p>\n\u003cp>His lawyers argued in the appeal that while he made a \"tragic and horrible\" error, he didn't act with the level of criminal recklessness or negligence that legally defines involuntary manslaughter.\u003c/p>\n\u003cp>But the appeals court said, \"We find sufficient evidence that his conduct of mistakenly drawing and firing his handgun instead of his taser constitutes criminal negligence.\"\u003c/p>\n\u003cp>The court said Mehserle's handgun was \"peculiarly distinguishable from his taser for a number of reasons\": the handgun was more than three times heavier; the gun was black and the taser was bright yellow; the gun was on his right side and the taser on his left; and the two devices were kept in their holsters in different ways.\u003c/p>\n\u003cp>\"The jury could have reasonably found defendant's conduct rose to the level of conscious indifference to the consequences of his acts, and was not a mere mistake,\" Justice James Marchiano wrote for the court.\u003c/p>\n\u003cp>The panel also turned down Mehserle's challenge to jury instructions given at his trial and his claim that he should have been granted probation instead of a prison sentence.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mehserle's attorneys were not immediately available for comment on the decision, which could be appealed further to the California Supreme Court.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Will the Supreme Court Take Up Prop 8? Another Opinion...",
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"content": "\u003cfigure id=\"attachment_57193\" class=\"wp-caption alignleft\" style=\"max-width: 180px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\">\u003cimg class=\"size-full wp-image-57193\" title=\"Prop8Sm\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\" alt=\"Prop 8\" width=\"180\" height=\"122\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters at a 2011 hearing on Prop 8. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The other day we posted \u003ca href=\"http://ww2.kqed.org/news/2012/06/06/analysis-will-the-supreme-court-hear-the-proposition-8-case/\">Rachael Myrow's interview with UC Davis law professor Vik Amar\u003c/a> about the likelihood that the U.S. Supreme Court would take up the Proposition 8 case now that the \u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/\">high court is the last available avenue of appeal\u003c/a> to the measure's supporters.\u003c/p>\n\u003cp>Amar said that the Ninth Circuit's narrow, exclusive-to-California opinion was an attempt to ward off the Supremes from interesting themselves in the ruling, which holds that California's same-sex marriage ban is unconstitutional. He also said the high court might want to hear a \u003ca href=\"http://ww2.kqed.org/news/2012/05/31/federal-appeals-court-rules-defense-of-marriage-act-unconstitutional/\">First Circuit case stemming from the Defense of Marriage Act\u003c/a> before or instead of the Prop 8 matter, because the DOMA case raised less sweeping issues than Prop 8.\u003c/p>\n\u003cp>Finally, Amar said that the issue of whether or not Prop 8 proponents should have been given standing to defend the law in the first place was not adequately dealt with by either the Ninth Circuit or the California Supreme Court, which \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">advised the Ninth Circuit that standing should indeed be granted\u003c/a>.\u003c/p>\n\u003cp>Now, we turn to another legal analyst, Professor Rory Little of UC Hastings College of the Law, to address some of the same issues in answering the question: Will the Supreme Court agree to rule on Proposition 8?\u003c/p>\n\u003cp>Edited transcript from Rachael Myrow's interview earlier this week:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: So what do you think the Supreme Court will do? Vik Amar said he thought the Supreme Court might look at the case involving the Defense of Marriage Act first?\u003c/p>\n\u003cp>\u003cstrong>PROFESSOR RORY LITTLE OF HASTINGS COLLEGE OF LAW\u003c/strong>: Predicting what the Supreme Court will do is kind of like predicting what number is going to come up on a roll of the dice. It's all tea-leaf reading.\u003c/p>\n\u003cp>It seems to me that the Supreme Court will be interested in the DOMA case, but I think they're also likely to be interested in this case. And it's not uncommon to decide to grant review on two related cases and set them for argument at about the same time. I think the Supreme Court may well decide to grant review on both of them if they're interested in the issue. And if they're not, they may decide to grant review on neither.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: Do you think the Supreme Court might decide that the Ninth Circuit was wrong to say that Prop 8 proponents have standing to defend the case?\u003c/p>\n\u003cp>\u003cstrong>RORY LITTLE\u003c/strong>: That's possible, but I think it's unlikely. Certainly the standing issue will be argued.\u003c/p>\n\u003cp>You remember the Ninth Circuit certified the standing question over to the California Supreme Court and the California Supreme Court rendered its own opinion on the topic and said there was standing. And I think that probably is going to settle the issue even for the Supreme Court. They're going to say if the state is prepared to say there's injury here based on state law, that's good enough for us.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: What is the absolute earliest the Supreme Court might decide to take this up?\u003c/p>\n\u003cp>\u003cstrong>RORY LITTLE\u003c/strong> October. They're in the last three weeks of the term right now. Then they will recess to October. Which means they won't have a conference, a voting meeting of the entire court, until late September. I think it's not likely they will take it up at that point. It will depend on how fast the parties file their briefs. You have 90 days to file a cert petition and extensions are routinely granted. So it's very likely this would not be ripe for the court to decide to review until November or December.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>You can \u003ca href=\"http://ww2.kqed.org/news/2012/06/06/analysis-will-the-supreme-court-hear-the-proposition-8-case/\">read Rachael Myrow's earlier interview with Professor Vik Amar about this issue here\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_57193\" class=\"wp-caption alignleft\" style=\"max-width: 180px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\">\u003cimg class=\"size-full wp-image-57193\" title=\"Prop8Sm\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\" alt=\"Prop 8\" width=\"180\" height=\"122\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters at a 2011 hearing on Prop 8. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The other day we posted \u003ca href=\"http://ww2.kqed.org/news/2012/06/06/analysis-will-the-supreme-court-hear-the-proposition-8-case/\">Rachael Myrow's interview with UC Davis law professor Vik Amar\u003c/a> about the likelihood that the U.S. Supreme Court would take up the Proposition 8 case now that the \u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/\">high court is the last available avenue of appeal\u003c/a> to the measure's supporters.\u003c/p>\n\u003cp>Amar said that the Ninth Circuit's narrow, exclusive-to-California opinion was an attempt to ward off the Supremes from interesting themselves in the ruling, which holds that California's same-sex marriage ban is unconstitutional. He also said the high court might want to hear a \u003ca href=\"http://ww2.kqed.org/news/2012/05/31/federal-appeals-court-rules-defense-of-marriage-act-unconstitutional/\">First Circuit case stemming from the Defense of Marriage Act\u003c/a> before or instead of the Prop 8 matter, because the DOMA case raised less sweeping issues than Prop 8.\u003c/p>\n\u003cp>Finally, Amar said that the issue of whether or not Prop 8 proponents should have been given standing to defend the law in the first place was not adequately dealt with by either the Ninth Circuit or the California Supreme Court, which \u003ca href=\"http://ww2.kqed.org/news/2011/11/17/california-ruling-on-standing-in-prop-8-case-due-at-10-a-m/\">advised the Ninth Circuit that standing should indeed be granted\u003c/a>.\u003c/p>\n\u003cp>Now, we turn to another legal analyst, Professor Rory Little of UC Hastings College of the Law, to address some of the same issues in answering the question: Will the Supreme Court agree to rule on Proposition 8?\u003c/p>\n\u003cp>Edited transcript from Rachael Myrow's interview earlier this week:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: So what do you think the Supreme Court will do? Vik Amar said he thought the Supreme Court might look at the case involving the Defense of Marriage Act first?\u003c/p>\n\u003cp>\u003cstrong>PROFESSOR RORY LITTLE OF HASTINGS COLLEGE OF LAW\u003c/strong>: Predicting what the Supreme Court will do is kind of like predicting what number is going to come up on a roll of the dice. It's all tea-leaf reading.\u003c/p>\n\u003cp>It seems to me that the Supreme Court will be interested in the DOMA case, but I think they're also likely to be interested in this case. And it's not uncommon to decide to grant review on two related cases and set them for argument at about the same time. I think the Supreme Court may well decide to grant review on both of them if they're interested in the issue. And if they're not, they may decide to grant review on neither.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: Do you think the Supreme Court might decide that the Ninth Circuit was wrong to say that Prop 8 proponents have standing to defend the case?\u003c/p>\n\u003cp>\u003cstrong>RORY LITTLE\u003c/strong>: That's possible, but I think it's unlikely. Certainly the standing issue will be argued.\u003c/p>\n\u003cp>You remember the Ninth Circuit certified the standing question over to the California Supreme Court and the California Supreme Court rendered its own opinion on the topic and said there was standing. And I think that probably is going to settle the issue even for the Supreme Court. They're going to say if the state is prepared to say there's injury here based on state law, that's good enough for us.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: What is the absolute earliest the Supreme Court might decide to take this up?\u003c/p>\n\u003cp>\u003cstrong>RORY LITTLE\u003c/strong> October. They're in the last three weeks of the term right now. Then they will recess to October. Which means they won't have a conference, a voting meeting of the entire court, until late September. I think it's not likely they will take it up at that point. It will depend on how fast the parties file their briefs. You have 90 days to file a cert petition and extensions are routinely granted. So it's very likely this would not be ripe for the court to decide to review until November or December.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>You can \u003ca href=\"http://ww2.kqed.org/news/2012/06/06/analysis-will-the-supreme-court-hear-the-proposition-8-case/\">read Rachael Myrow's earlier interview with Professor Vik Amar about this issue here\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Yesterday the Ninth Circuit Court of Appeals declined to grant a rehearing of the Proposition 8 case. In February, a three-judge panel of the court voted 2-1 to uphold a lower court's ruling that the same-sex marriage ban is unconstitutional, and Proposition 8 proponents, on the losing side of that decision, had wanted a larger group of Ninth Circuit judges, called an \"en banc\" panel, to rehear the case.\u003c/p>\n\u003cp>After this latest setback, Prop 8 supporters, who have now lost at two levels of the federal judiciary, said they would \"absolutely\" ask the Supreme Court to review the case.\u003c/p>\n\u003cp>When the Ninth Circuit issued its ruling on the case in February, UC Davis law professor Vik Amar told KQED's Scott Shafer that he thought the opinion was written as narrowly as possible in order to ward off the Supreme Court from taking -- and perhaps overturning -- the case.\u003c/p>\n\u003cp>Yesterday, after the Ninth Circuit announced it would not take up the case again, KQED's Rachael Myrow checked in with Professor Amar to get his reading of the tea leaves in terms of whether the Supreme Court will take up the matter of Proposition 8. Edited transcript of that interview:\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>:Recap the narrow ruling that the Ninth Circuit issued in February.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: They tried to decide the case on very California-specific grounds, so the Supreme Court wouldn't feel it had to intervene and take review. If the Ninth Circuit had held that not only had Prop 8 violated the federal constitution, but that every state's ban on same-sex marriage in the western U.S. also violated the federal constitution, than I think the U.S. Supreme Court would have had no choice but to take review.\u003c/p>\n\u003cp>There's still a good chance the Supreme Court will step in, but at least by making the ruling so California-specific they offer the Supreme Court an excuse not to step in if it wants to wait.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: A lot of people are talking as if it's a given that the Supreme Court will take up the case. But might it leave it alone?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: It might. But the California-specific reasoning that Judge Reinhardt employed is not convincing to a lot of people. So there's a good chance the Supreme Court will still want to take the case.\u003c/p>\n\u003cp>But complicating things more now is the decision by the First Circuit Court of Appeals in the Defense of Marriage case last week. The DOMA case raises narrower questions than the Prop 8 case does. So they may want to look at the DOMA issues and wait a year or more before they take on the more momentous question of whether states have to recognize same-sex marriage, if they want to take up the question of gay marriage a little more incrementally.\u003c/p>\n\u003cp>Because in the First Circuit's DOMA ruling, the question wasn't whether states have to recognize same sex marriage, it was if a state recognizes same sex marriage, should the federal government have to abide by that and allow that couple to be considered married for federal purposes as well? The court may want to look at that narrower issue before it confronts the bigger issue presented by Prop 8 and other bans on same-sex marriage like it.\u003c/p>\n\u003cp>Sometimes the Supreme Court will sit on a request for review for awhile until it decides another case that may be relevant. So if the Supreme Court decides it wants to take the DOMA case first, it could grant review in that case and let the Prop 8 case sit.\u003c/p>\n\u003cp>One more thing that's important – we've been focusing on the merits of the Prop 8 case, whether the California constitutional ban on same-sex marriage violates the 14th Amendment. But there's still that looming question of whether the defenders of Prop 8 had standing to defend the law in the first place. The Supreme Court could dispose of the Prop 8 case if it wanted to on standing grounds without ever ruling on the merits. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: How likely is that?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: I think it's not unlikely. In 1996 the Supreme Court unanimously wrote an opinion that slapped the Ninth Circuit down for recognizing initiative-sponsored standing in Arizona. This case is arguably different than the Arizona case, but there's a lot of skepticism on the part of U.S. Supreme Court justices about whether unelected individuals should easily be able to step into the shoes of voters and defend enactments in federal court, especially when the people who passed Prop 8, the voters, may not have really known who the sponsors of Prop 8 were who were going to be their legal representatives.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>I think the standing question is a really complex one and I don't really think the Ninth circuit and the California Supreme Court did it justice in deciding that the sponsors really did have standing.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Yesterday the Ninth Circuit Court of Appeals declined to grant a rehearing of the Proposition 8 case. In February, a three-judge panel of the court voted 2-1 to uphold a lower court's ruling that the same-sex marriage ban is unconstitutional, and Proposition 8 proponents, on the losing side of that decision, had wanted a larger group of Ninth Circuit judges, called an \"en banc\" panel, to rehear the case.\u003c/p>\n\u003cp>After this latest setback, Prop 8 supporters, who have now lost at two levels of the federal judiciary, said they would \"absolutely\" ask the Supreme Court to review the case.\u003c/p>\n\u003cp>When the Ninth Circuit issued its ruling on the case in February, UC Davis law professor Vik Amar told KQED's Scott Shafer that he thought the opinion was written as narrowly as possible in order to ward off the Supreme Court from taking -- and perhaps overturning -- the case.\u003c/p>\n\u003cp>Yesterday, after the Ninth Circuit announced it would not take up the case again, KQED's Rachael Myrow checked in with Professor Amar to get his reading of the tea leaves in terms of whether the Supreme Court will take up the matter of Proposition 8. Edited transcript of that interview:\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>:Recap the narrow ruling that the Ninth Circuit issued in February.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: They tried to decide the case on very California-specific grounds, so the Supreme Court wouldn't feel it had to intervene and take review. If the Ninth Circuit had held that not only had Prop 8 violated the federal constitution, but that every state's ban on same-sex marriage in the western U.S. also violated the federal constitution, than I think the U.S. Supreme Court would have had no choice but to take review.\u003c/p>\n\u003cp>There's still a good chance the Supreme Court will step in, but at least by making the ruling so California-specific they offer the Supreme Court an excuse not to step in if it wants to wait.\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: A lot of people are talking as if it's a given that the Supreme Court will take up the case. But might it leave it alone?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: It might. But the California-specific reasoning that Judge Reinhardt employed is not convincing to a lot of people. So there's a good chance the Supreme Court will still want to take the case.\u003c/p>\n\u003cp>But complicating things more now is the decision by the First Circuit Court of Appeals in the Defense of Marriage case last week. The DOMA case raises narrower questions than the Prop 8 case does. So they may want to look at the DOMA issues and wait a year or more before they take on the more momentous question of whether states have to recognize same-sex marriage, if they want to take up the question of gay marriage a little more incrementally.\u003c/p>\n\u003cp>Because in the First Circuit's DOMA ruling, the question wasn't whether states have to recognize same sex marriage, it was if a state recognizes same sex marriage, should the federal government have to abide by that and allow that couple to be considered married for federal purposes as well? The court may want to look at that narrower issue before it confronts the bigger issue presented by Prop 8 and other bans on same-sex marriage like it.\u003c/p>\n\u003cp>Sometimes the Supreme Court will sit on a request for review for awhile until it decides another case that may be relevant. So if the Supreme Court decides it wants to take the DOMA case first, it could grant review in that case and let the Prop 8 case sit.\u003c/p>\n\u003cp>One more thing that's important – we've been focusing on the merits of the Prop 8 case, whether the California constitutional ban on same-sex marriage violates the 14th Amendment. But there's still that looming question of whether the defenders of Prop 8 had standing to defend the law in the first place. The Supreme Court could dispose of the Prop 8 case if it wanted to on standing grounds without ever ruling on the merits. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>RACHAEL MYROW\u003c/strong>: How likely is that?\u003c/p>\n\u003cp>\u003cstrong>VIK AMAR\u003c/strong>: I think it's not unlikely. In 1996 the Supreme Court unanimously wrote an opinion that slapped the Ninth Circuit down for recognizing initiative-sponsored standing in Arizona. This case is arguably different than the Arizona case, but there's a lot of skepticism on the part of U.S. Supreme Court justices about whether unelected individuals should easily be able to step into the shoes of voters and defend enactments in federal court, especially when the people who passed Prop 8, the voters, may not have really known who the sponsors of Prop 8 were who were going to be their legal representatives.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>I think the standing question is a really complex one and I don't really think the Ninth circuit and the California Supreme Court did it justice in deciding that the sponsors really did have standing.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "South San Francisco Police Fatally Shoot 15-Year-Old",
"headTitle": "South San Francisco Police Fatally Shoot 15-Year-Old | KQED",
"content": "\u003cp>Last night a South San Francisco police officer shot and killed 15-year-old Derrick Gaines. \u003ca href=\"http://southsanfrancisco.patch.com/articles/ssfpd-officer-shoots-kills-armed-pedestrian\">South San Francisco Patch\u003c/a> has a report on what police say happened:\u003c/p>\n\u003cblockquote>\u003cp>An officer on duty initiated contact with two juveniles at the Arco gas station shortly before 9 p.m. on Tuesday night because they were acting “in a suspicious manner,” according Capt. Mike Brosnan. One complied with the officer and one, Gaines, ran away, Brosnan said. Gaines removed a handgun from his waistband, at which point the officer feared for his life and shot him, Brosnan said. \u003ca href=\"http://southsanfrancisco.patch.com/articles/ssfpd-officer-shoots-kills-armed-pedestrian\">Full story\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>More details from the \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_20795106/reports-teen-shot-by-south-san-francisco-police\">San Mateo County Times\u003c/a>:\u003c/p>\n\u003cblockquote>\n\u003cp>[Police say] Gaines was walking with another teen…One teen complied with an order to stop, but Gaines took off running and pulled a pistol from his waistband… Then the officer, fearing for his safety, fired once.\u003c/p>\n\u003cp>Police said they recovered the pistol, but they did not disclose the make or model. The officer’s name has not been released.\u003c/p>\n\u003cp>The boy’s father, also named Derrick Gaines, questioned whether it was necessary for police to shoot his son.\u003c/p>\n\u003cp>“They are supposed to protect and serve,” the elder Gaines said. “Anybody can get spooked an run.\u003c/p>\n\u003cp>He said he would go to police to get the report in order to see the facts for himself. In the meantime the loss of his child is just beginning to hit him.\u003c/p>\n\u003cp>“I’m in mourning, we’re all in mourning,” said Gaines.\u003c/p>\n\u003c/blockquote>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last night a South San Francisco police officer shot and killed 15-year-old Derrick Gaines. \u003ca href=\"http://southsanfrancisco.patch.com/articles/ssfpd-officer-shoots-kills-armed-pedestrian\">South San Francisco Patch\u003c/a> has a report on what police say happened:\u003c/p>\n\u003cblockquote>\u003cp>An officer on duty initiated contact with two juveniles at the Arco gas station shortly before 9 p.m. on Tuesday night because they were acting “in a suspicious manner,” according Capt. Mike Brosnan. One complied with the officer and one, Gaines, ran away, Brosnan said. Gaines removed a handgun from his waistband, at which point the officer feared for his life and shot him, Brosnan said. \u003ca href=\"http://southsanfrancisco.patch.com/articles/ssfpd-officer-shoots-kills-armed-pedestrian\">Full story\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>More details from the \u003ca href=\"http://www.mercurynews.com/san-mateo-county-times/ci_20795106/reports-teen-shot-by-south-san-francisco-police\">San Mateo County Times\u003c/a>:\u003c/p>\n\u003cblockquote>\n\u003cp>[Police say] Gaines was walking with another teen…One teen complied with an order to stop, but Gaines took off running and pulled a pistol from his waistband… Then the officer, fearing for his safety, fired once.\u003c/p>\n\u003cp>Police said they recovered the pistol, but they did not disclose the make or model. The officer’s name has not been released.\u003c/p>\n\u003cp>The boy’s father, also named Derrick Gaines, questioned whether it was necessary for police to shoot his son.\u003c/p>\n\u003cp>“They are supposed to protect and serve,” the elder Gaines said. “Anybody can get spooked an run.\u003c/p>\n\u003cp>He said he would go to police to get the report in order to see the facts for himself. In the meantime the loss of his child is just beginning to hit him.\u003c/p>\n\u003cp>“I’m in mourning, we’re all in mourning,” said Gaines.\u003c/p>\n\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Request for En Banc Rehearing of Prop 8 Case Denied by 9th Circuit",
"title": "Request for En Banc Rehearing of Prop 8 Case Denied by 9th Circuit",
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"content": "\u003cfigure id=\"attachment_55522\" class=\"wp-caption alignright\" style=\"max-width: 220px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11.jpg\">\u003cimg class=\"size-medium wp-image-55522\" title=\"Prop8plaintiffsSM1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11-300x225.jpg\" alt=\"\" width=\"220\" height=\"166\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Couples challenging Prop 8 pose before an Appeals Court hearing in Dec, 2010. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The petition by Prop 8 proponents for a rehearing of the case by a larger panel of the Ninth Circuit Court of Appeals has been denied.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.ca9.uscourts.gov/datastore/general/2012/06/05/1016696ebofinal.pdf\">\u003cstrong>Read the ruling here\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Prop 8 proponents now have 90 days to file an appeal to the U.S. Supreme Court, during which time same-sex marriage in California will remain prohibited, as it will if and when the Supreme Court takes the case. Backers of the ban said today they \u003ca href=\"http://www.kqed.org/news/story/2012/06/05/96369/prop_8_backers_say_theyll_take_case_to_supreme_court?category=bay+area\">will indeed ask the high court to review the decision\u003c/a>. From AP:\u003c/p>\n\u003cblockquote>\u003cp>Alliance Defense Fund lawyer Brian Raum said Proposition 8 backers ``absolutely'' would take the case to the high court now that it has run its course at the 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>Raum said he expected to get a ruling from the Supreme Court sometime in the fall on whether it would take the case. He did not know if the Proposition 8 defense team would take the entire 90 days they have to petition the Supreme Court.\u003c/p>\u003c/blockquote>\n\u003cp>If the high court declines to hear the case, or if it upholds the Ninth Circuit's ruling, then same-sex marriage will be legal in California. If the Supreme Court takes the case and reverses the Ninth Circuit decision, then it will remain illegal. \u003c/p>\n\u003cp>Theodore Olson, one of the lead attorneys for the plaintiffs challenging Prop 8, speculated on a conference call today that he expects the Supreme Court would announce its decision on whether it will hear the case in October. If the court takes up the matter, Olson said, he thinks arguments would occur some time in the spring of 2013, with a decision by June, 2013. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/#react\">\u003cstrong>Reaction from around the web and live chat\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>As for today's ruling, proponents of Prop 8 asked the 9th Circuit for the en banc review in February, after a \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">decision by a three-judge panel\u003c/a> upheld Judge Vaughn Walker's 2010 decision striking down the law as unconstitutional.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the 2-1 decision validating Walker's ruling, the court wrote: \"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.\" \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Update 10:30 a.m.\u003c/strong> KQED's Scott Shafer today talked to Vik Amar of the UC Davis School of Law, who said there were actually two requests before the court:\u003c/p>\n\u003cul>\n\u003cli>A request to the original three-judge panel for a rehearing. That request was denied 2 to 1, with Judge Smith, who wrote the original dissent to the decision, in the minority.\u003c/li>\n\u003cli>Having lost that vote, a request for an en banc hearing was then put to the full court, and at least three judges voted to rehear the case. The opinion, written by Judge O’Scannlain, was publicly joined by Judges Byee and Bea. Other judges may have also voted for a rehearing but declined to make their names public.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Update 10:40 a.m.\u003c/strong> In February, Hastings law professor Rory Little told Scott Shafer he thought Prop 8 supporters were pretty disappointed with Judge Smith's dissent to the original decision, \"which was not a ringing Scalia-like forceful 'this is wrong.' It was more like 'we should be cautious, although there are a lot of good points here.'\u003c/p>\n\u003cp>Little continued: \"Here's the best result for proponents -- they don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers.\"\u003c/p>\n\u003cp>Well, Judge O'Scannlain did indeed write a dissent...\u003c/p>\n\u003cblockquote>\u003cp>A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same-sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”\u003c/p>\n\u003cp>Today our court has silenced any such respectful conversation. Based on a two-judge majority’s gross misapplication of \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia. Even worse, we have overruled the will of seven million California Proposition 8 voters based on a reading of Romer that would be unrecognizable to the Justices who joined it, to those who dissented from it, and to the judges from sister circuits who have since interpreted it. We should not have so roundly trumped California’s democratic process without at least discussing this unparalleled decision as an en banc court.\u003c/p>\u003c/blockquote>\n\u003cp>And the retort from Judges Reinhardt and Hawkins, who made up the majority in February's 2-1 decision:\u003c/p>\n\u003cblockquote>\u003cp>We are puzzled by our dissenting colleagues’ unusual reliance on the President’s views regarding the Constitution, especially as the President did not discuss the narrow issue that we decided in our opinion. We held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage. That question may be decided in the near future, but if so, it should be in some other case, at some other time.\u003c/p>\u003c/blockquote>\n\u003cp>The reference here to the \"the particular circumstances relating to California’s Proposition 8\" and to the lack of resolution to \"the fundamental question [of] whether the Constitution prohibits the states from banning same-sex marriage\" may also be noteworthy.\u003c/p>\n\u003cp>After the Ninth Circuit panel's decision against Prop 8 in February, UC Davis' Vik Amar told Scott Shafer that \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">Reinhardt and Hawkins may have tailored their decision in the narrowest way possible\u003c/a>, making it applicable only to California, so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court.\u003c/p>\n\u003cp>But Amar also said: \"There was no way the Ninth circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\"\u003c/p>\n\u003cp>Professor Rory Little of Hastings agreed with that today, in an interview with KQED's Rachael Myrow. \"I think it's a little naieve to believe that the court will see this as limited to just California. Certainly the Ninth Circuit's ruling only relates to California, but its analysis is much broader than just California. And of course the Ninth Circuit governs the entire western United states, so its analysis would be precedent for the entire [region]. \u003c/p>\n\u003cp>\"I think the Supreme Court is likely to think this issue is ripe, this is ready for a national decision. One way or the other, there are enough states that have gone in different directions, there's enough controversy about it, [so] let's try to put the issue to rest one way or the other.\"\u003c/p>\n\u003cp>\u003ca name=\"react\">\u003c/a>\u003cbr>\nReaction and coverage from around the web below...\u003c/p>\n\u003cp>\u003ciframe style=\"border: 1px solid #000000\" src=\"http://embed.scribblelive.com/Embed/v5.aspx?Id=48944&ThemeId=5349\" frameborder=\"0\" width=\"400\" height=\"300\">\u003c/iframe>\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/96044529/Ninth-Circuit-Denies-Rehearing-of-Prop-8-Case-Decision\">Read the full decision here\u003c/a>:\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca title=\"View Ninth Circuit Denies Rehearing of Prop. 8 Case - Decision on Scribd\" href=\"http://www.scribd.com/doc/96044529/Ninth-Circuit-Denies-Rehearing-of-Prop-8-Case-Decision\">Ninth Circuit Denies Rehearing of Prop. 8 Case - Decision\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/96044529/content?start_page=1&view_mode=list&access_key=key-2f8llfbytss95ikdjxx2\" frameborder=\"0\" scrolling=\"no\" width=\"100%\" height=\"600\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_55522\" class=\"wp-caption alignright\" style=\"max-width: 220px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11.jpg\">\u003cimg class=\"size-medium wp-image-55522\" title=\"Prop8plaintiffsSM1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8plaintiffsSM11-300x225.jpg\" alt=\"\" width=\"220\" height=\"166\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Couples challenging Prop 8 pose before an Appeals Court hearing in Dec, 2010. (Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The petition by Prop 8 proponents for a rehearing of the case by a larger panel of the Ninth Circuit Court of Appeals has been denied.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.ca9.uscourts.gov/datastore/general/2012/06/05/1016696ebofinal.pdf\">\u003cstrong>Read the ruling here\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Prop 8 proponents now have 90 days to file an appeal to the U.S. Supreme Court, during which time same-sex marriage in California will remain prohibited, as it will if and when the Supreme Court takes the case. Backers of the ban said today they \u003ca href=\"http://www.kqed.org/news/story/2012/06/05/96369/prop_8_backers_say_theyll_take_case_to_supreme_court?category=bay+area\">will indeed ask the high court to review the decision\u003c/a>. From AP:\u003c/p>\n\u003cblockquote>\u003cp>Alliance Defense Fund lawyer Brian Raum said Proposition 8 backers ``absolutely'' would take the case to the high court now that it has run its course at the 9th U.S. Circuit Court of Appeals.\u003c/p>\n\u003cp>Raum said he expected to get a ruling from the Supreme Court sometime in the fall on whether it would take the case. He did not know if the Proposition 8 defense team would take the entire 90 days they have to petition the Supreme Court.\u003c/p>\u003c/blockquote>\n\u003cp>If the high court declines to hear the case, or if it upholds the Ninth Circuit's ruling, then same-sex marriage will be legal in California. If the Supreme Court takes the case and reverses the Ninth Circuit decision, then it will remain illegal. \u003c/p>\n\u003cp>Theodore Olson, one of the lead attorneys for the plaintiffs challenging Prop 8, speculated on a conference call today that he expects the Supreme Court would announce its decision on whether it will hear the case in October. If the court takes up the matter, Olson said, he thinks arguments would occur some time in the spring of 2013, with a decision by June, 2013. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2012/06/05/prop-8-en-banc-ruling/#react\">\u003cstrong>Reaction from around the web and live chat\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>As for today's ruling, proponents of Prop 8 asked the 9th Circuit for the en banc review in February, after a \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/read-the-full-prop-8-ruling-and-key-passages/\">decision by a three-judge panel\u003c/a> upheld Judge Vaughn Walker's 2010 decision striking down the law as unconstitutional.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the 2-1 decision validating Walker's ruling, the court wrote: \"Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.\" \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Update 10:30 a.m.\u003c/strong> KQED's Scott Shafer today talked to Vik Amar of the UC Davis School of Law, who said there were actually two requests before the court:\u003c/p>\n\u003cul>\n\u003cli>A request to the original three-judge panel for a rehearing. That request was denied 2 to 1, with Judge Smith, who wrote the original dissent to the decision, in the minority.\u003c/li>\n\u003cli>Having lost that vote, a request for an en banc hearing was then put to the full court, and at least three judges voted to rehear the case. The opinion, written by Judge O’Scannlain, was publicly joined by Judges Byee and Bea. Other judges may have also voted for a rehearing but declined to make their names public.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Update 10:40 a.m.\u003c/strong> In February, Hastings law professor Rory Little told Scott Shafer he thought Prop 8 supporters were pretty disappointed with Judge Smith's dissent to the original decision, \"which was not a ringing Scalia-like forceful 'this is wrong.' It was more like 'we should be cautious, although there are a lot of good points here.'\u003c/p>\n\u003cp>Little continued: \"Here's the best result for proponents -- they don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers.\"\u003c/p>\n\u003cp>Well, Judge O'Scannlain did indeed write a dissent...\u003c/p>\n\u003cblockquote>\u003cp>A few weeks ago, subsequent to oral argument in this case, the President of the United States ignited a media firestorm by announcing that he supports same-sex marriage as a policy matter. Drawing less attention, however, were his comments that the Constitution left this matter to the States and that “one of the things that [he]’d like to see is–that [the] conversation continue in a respectful way.”\u003c/p>\n\u003cp>Today our court has silenced any such respectful conversation. Based on a two-judge majority’s gross misapplication of \u003ca href=\"http://www.oyez.org/cases/1990-1999/1995/1995_94_1039\">Romer v. Evans\u003c/a>, we have now declared that animus must have been the only conceivable motivation for a sovereign State to have remained committed to a definition of marriage that has existed for millennia. Even worse, we have overruled the will of seven million California Proposition 8 voters based on a reading of Romer that would be unrecognizable to the Justices who joined it, to those who dissented from it, and to the judges from sister circuits who have since interpreted it. We should not have so roundly trumped California’s democratic process without at least discussing this unparalleled decision as an en banc court.\u003c/p>\u003c/blockquote>\n\u003cp>And the retort from Judges Reinhardt and Hawkins, who made up the majority in February's 2-1 decision:\u003c/p>\n\u003cblockquote>\u003cp>We are puzzled by our dissenting colleagues’ unusual reliance on the President’s views regarding the Constitution, especially as the President did not discuss the narrow issue that we decided in our opinion. We held only that under the particular circumstances relating to California’s Proposition 8, that measure was invalid. In line with the rules governing judicial resolution of constitutional issues, we did not resolve the fundamental question that both sides asked us to: whether the Constitution prohibits the states from banning same-sex marriage. That question may be decided in the near future, but if so, it should be in some other case, at some other time.\u003c/p>\u003c/blockquote>\n\u003cp>The reference here to the \"the particular circumstances relating to California’s Proposition 8\" and to the lack of resolution to \"the fundamental question [of] whether the Constitution prohibits the states from banning same-sex marriage\" may also be noteworthy.\u003c/p>\n\u003cp>After the Ninth Circuit panel's decision against Prop 8 in February, UC Davis' Vik Amar told Scott Shafer that \u003ca href=\"http://ww2.kqed.org/news/2012/02/07/prop-8-ruling-legal-analysis-decision-was-made-with-eye-toward-supreme-court/\">Reinhardt and Hawkins may have tailored their decision in the narrowest way possible\u003c/a>, making it applicable only to California, so as to give the ruling the best possible chance of \u003cem>not\u003c/em> being taken up by the U.S. Supreme Court.\u003c/p>\n\u003cp>But Amar also said: \"There was no way the Ninth circuit was going to rule for the plaintiffs and not create a significant risk that the Supreme Court would step in. The question wasn't whether the Supreme Court had its eye on this case, the question was how do you minimize that, and I think they tried to do that by keeping the reasoning specific to California.\"\u003c/p>\n\u003cp>Professor Rory Little of Hastings agreed with that today, in an interview with KQED's Rachael Myrow. \"I think it's a little naieve to believe that the court will see this as limited to just California. Certainly the Ninth Circuit's ruling only relates to California, but its analysis is much broader than just California. And of course the Ninth Circuit governs the entire western United states, so its analysis would be precedent for the entire [region]. \u003c/p>\n\u003cp>\"I think the Supreme Court is likely to think this issue is ripe, this is ready for a national decision. One way or the other, there are enough states that have gone in different directions, there's enough controversy about it, [so] let's try to put the issue to rest one way or the other.\"\u003c/p>\n\u003cp>\u003ca name=\"react\">\u003c/a>\u003cbr>\nReaction and coverage from around the web below...\u003c/p>\n\u003cp>\u003ciframe style=\"border: 1px solid #000000\" src=\"http://embed.scribblelive.com/Embed/v5.aspx?Id=48944&ThemeId=5349\" frameborder=\"0\" width=\"400\" height=\"300\">\u003c/iframe>\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/96044529/Ninth-Circuit-Denies-Rehearing-of-Prop-8-Case-Decision\">Read the full decision here\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"order": 8
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},
"link": "https://www.cityarts.net",
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"order": 1
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"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
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"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"order": 9
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
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"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"hyphenacion": {
"id": "hyphenacion",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"order": 18
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},
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"id": "latino-usa",
"title": "Latino USA",
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"link": "/radio/program/latino-usa",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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