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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Regarding the strange doings in Berkeley concerning Police Chief Michael Meehan and Oakland Tribune reporter Doug Oakley, Frances Dinkelspiel of our news associate Berkeleyside broke it all down for KQED’s Sarah Baughn this morning. Here’s the interview…\u003c/p>\n\u003cblockquote>\u003cp>On Thursday Mar 8 there was a very contentious meeting about the way Berkeley police responded to a recent murder. After this meeting, Oakland Tribune reporter Doug Oakley wrote a story in which he wrote that Chief Meehan said he apologized for the police response to that killing. Meehan saw the story online around midnight and got very angry because he said he did not apologize for the police response, only for the way he communicated after the murder. \u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://www.berkeleyside.com/2012/03/10/in-middle-of-the-night-police-chief-demands-changes/#comments\">\u003cstrong>Berkeleyside user comments on the story\u003c/strong>\u003c/a>\u003c/aside>\n\u003cp>So he tried to call Doug Oakley, send him emails asking for a correction. But when he couldn’t get him, he sent his public information officer, Sgt. Mary Kusmiss, over to Oakley’s house at 12:45 a.m. \u003c/p>\n\u003cp>Sgt Kusmiss knocked on Doug Oakley’s door, rousing him and his wife. Oakley went to the door and was completely bewildered to see Sgt Kusmiss there. He immediately thought that something had happened to a family member or that he was under arrest. Kusmiss informed him that the chief was very upset about the story and asked him if he would make some corrections to it. \u003c/p>\n\u003cp>Oakley explained nothing could be done until the morning, when Tribune editors got to the paper, but said he would withdraw the statement that Meehan had apologized forthe police response to the incident and instead say that Meehan would apologize for his communications with the community. So Oakley went back to bed and starting at 7 a.m., Meehan once again started to telephone Oakley and send him emails asking when the changes to the story would be made. Throughout much of the day Oakley and Chief Meehan had these communications, in which Meehan was pushing him to change other aspects of the story. \u003c/p>\n\u003cp>Doug Oakley at first didn’t think much of this incident, but as he pondered it, he began to feel very intimidated by the police actions. He felt very upset that Sgt Kusmiss had come to see him in the middle of the night. \u003c/p>\n\u003cp>Since this happened over the weekend, the city of Berkeley hasn’t quite figured out its response yet. Both Meehan and interim City Manager Christine Daniel have apologized profusely for Meehan’s actions, and it seems Meehan does truly seem remorseful. However many people are upset about this, including the rank and file of the police department, and they’ve issued a statement saying they were upset. \u003c/p>\n\u003cp>It’s important to note that prior to this people felt very good about Chief Meehan. Just last week he delivered a report to the city council talking about a large drop in crime. At the Thursday community meeting, people entered very angry, but they left assuaged; he did a good job explaining police actions. So he has a lot of goodwill in the city; the question is whether this stumble is a fireable offense or whether the city council will decide he just made a mistake and he can continue in his job. \u003c/p>\n\u003cp>Some people say there’s some irony here in that Berkeley is where the free speech movement began. But don’t forget this is also where Mayor Tom Bates a number of years ago stole more than a thousand copies of The Daily Californian on election day because it had endorsed his opponent. So there is some precedent in Berkeley for people in high office lashing out against the press. \u003c/p>\n\u003cp>Berkeley has very complex feelings about police departments. There’s a whole contingent of people who want police to tread lightly. Tasers are not permitted; they don’t’ use chokeholds. They’re circumscribed in some of the tools they use because Berkeley wants to make sure the department is not overbearing. \u003c/p>\n\u003cp>There was a lot of concern when Berkeley provided mutual aid in the Occupy Oakland protests. There was a lot of overzealousness on the part of the OPD, and that’s not the Berkeley Police Department’s reputation, and they want to stay away from that kind of policing. It’s a complicated city in which to be a police chief. \u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Mirkarimi Gets 3 Years Probation on False Imprisonment Plea; Domestic Violence Advocates Call For Ethics Probe; Ed Lee 'Reviewing Options'",
"title": "Mirkarimi Gets 3 Years Probation on False Imprisonment Plea; Domestic Violence Advocates Call For Ethics Probe; Ed Lee 'Reviewing Options'",
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"content": "\u003cfigure id=\"attachment_59161\" class=\"wp-caption alignright\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\" alt=\"\" title=\"Mirkarimi\" width=\"248\" height=\"140\" class=\"size-full wp-image-59161\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sheriff Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News and KQED) San Francisco Sheriff Ross Mirkarimi pleaded guilty today to a misdemeanor false imprisonment charge in connection with the domestic violence case involving his wife.\u003c/p>\n\u003cp>Mirkarimi, 50, appeared in court this morning after agreeing to the plea deal with prosecutors, who dropped three other misdemeanor charges related to a Dec. 31 incident in which he allegedly grabbed and bruised the arm of his wife, Eliana Lopez, during an argument.\u003c/p>\n\u003cp>The D.A.'s office announced the following details of the plea arrangement:\u003c/p>\n\u003cblockquote>\u003cp>Mirkarimi, in his plea agreement, agreed to 3 years probation, 100 hours community service, 52 weeks of domestic violence classes, $400 domestic violence fine, parenting or family counseling per Adult Probation Department’s recommendation, pay standard court fines and fees, and will waive any and all future appellate rights. The stay away order remains in full force and effect subject to a Family court order.\u003c/p>\n\u003cp>In addition, the District Attorney was steadfast in his requirement for Mirkarimi to issue a public apology to Ivory Madison and her family for the public scrutiny they endured. “Domestic violence is an underreported crime that happens behind closed doors. Ivory Madison and other witnesses should be commended for their courage, “said District Attorney Gascón. “If we are committed to ending domestic violence, we in law enforcement must continue to encourage witnesses to come forward because it is the right thing to do for the victim, for the community and for our city.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\"For the last two months, this case has caused my family, my department, the sheriff's department, and the city great turmoil, pain and disappointment,\" Mirkarimi said outside of court. \"This plea allows us to move forward.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said, \"I intend to return to the business of running one of the finest sheriff's departments in the nation, of mending my family and raising my son Theo in a safe and happy home.\"\u003c/p>\n\u003cp>Mirkarimi said he will comment further after the sentencing next week.\u003c/p>\n\u003cp>Mirkarimi will not be allowed to carry a weapon while the order is in effect, district attorney's office spokesman Omid Talai said.\u003c/p>\n\u003cp>While today's developments would seem to provide a legal resolution to a case that has transfixed the city -- or its political establishment and media, at least -- Mirkarimi's political problems may not be over. \u003ca href=\"http://ww2.kqed.org/news/2012/03/12/reports-mirkarimi-to-accept-plea-deal/#Lee\">Mayor Ed Lee issued a statement today\u003c/a> calling the situation \"serious and troubling.\"\u003c/p>\n\u003cp>\"One of our top law enforcement officials,\" Lee said, \"has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter.\" \u003c/p>\n\u003cp>Mirkarimi had initially pleaded not guilty to misdemeanor domestic violence battery, child endangerment and dissuading a witness charges, accusations that were denied by Lopez, who refused to cooperate with prosecutors.\u003c/p>\n\u003cp>But the attorneys for Mirkarimi and Lopez were denied in repeated efforts in court to exclude as evidence a 55-second video of Lopez recorded by a neighbor in which she reportedly cried while pointing to the bruise on her arm.\u003c/p>\n\u003cp>Peter Keane, professor of law at Golden Gate University, told KQED's Mina Kim that the deal \"was a practical and prudent move on the part of Mirkarimi. The evidence against him was very strong and there was a good likelihood that he would have been convicted of the abuse charges. Having convictions for spousal abuse and endangering a child would have carried a tremendous stigma against him and would also likely have called for some sort of substantial punishment beyond what it will be for the false imprisonment plea he put in today.\"\u003c/p>\n\u003cp>Keane said he thought the case had been swinging the prosecution's way, and that may have encouraged the Mirkarimi team to cut a deal. \u003c/p>\n\u003cp>\"I think a lot had to do with the rulings relating to the evidence that would be allowed in the case. The fact that the videotape was going to be allowed in, and that the friend that Ms. Lopez had spoken with [Ivory Madison] was going to be allowed to testify – those aspects of the evidence were very strong and I think Mirkarimi and his attorneys realized that for the best possible outcome, they'd better attempt to reach some sort of deal while they still have leverage, before the case starts going forward.\"\u003c/p>\n\u003cp>(\u003cstrong>Update\u003c/strong>: The \u003ca href=\"http://www.sfbg.com/politics/2012/03/12/why-mirkarimi-pled-guilty\">Bay Guardian's\u003c/a> Tim Redmond says \"people close to the sheriff\" told him that Mirkarimi copped the plea \"when it became clear that he was losing every single motion around the admissibility of evidence, even when he and his attorney, Lidia Stiglich, were convinced they were right on the merits -- and when it was clear from juror surveys that virtually everyone in town had read the salacious press accounts and it was impossible to find a neutral jury -- he decided he had no choice.\")\u003c/p>\n\u003cp>Keane said it was not uncommon for defendants to plead guilty to a different charge than what they had originally been accused of. He said the charge of false imprisonment was related to the allegations in the police report that Mirkarimi had grabbed Lopez and attempted to prevent her from leaving. \"When you restrain someone of their liberty, you keep them from doing what they want in terms of freedom of mobility -- that's enough for the charge of false imprisonment. Even if it was just a momentary thing.\" \u003c/p>\n\u003cp>Keane thought it was a good deal for Mirkarimi, \"because he was facing considerable punishment and stigma had he been convicted of the abuse charges.\"\u003c/p>\n\u003cp>\"Yet at the same time it's a reasonable call for the prosecutor in this situation to look at it and say there wasn't any terrific injury; there was indeed abuse, but it's not something we typically see in a spousal abuse charge. It's an indication of a one-time incident. [So the charge] is proportional to the incident.\"\u003c/p>\n\u003cp>Keane thought it unlikely that Mirkarimi would be removed from office through the city's ethics process.\u003c/p>\n\u003cp>\"My prediction is he'll probably serve out his four years, because the only alternative to that \u003ca href=\"http://blogs.sfweekly.com/thesnitch/2012/01/ross_mirkarimi_misconduct.php\">would be for the mayor to institute proceedings to remove him\u003c/a>, which would require a trial before the board of supervisors, with the supervisors in effect sitting as a court and the president of the board presiding like a judge. We saw that back in the 1970s with airport commissioner Joe Mazzola, and it turned out to be a very unwieldy kind of circus. And you also need a supermajority to vote for removal – Mirkarimii has many friends on that board. So I think it's unlikely Mayor Ed Lee will institute those proceedings.\"\u003c/p>\n\u003cp>However, Executive Director of \u003ca href=\"http://www.lacasa.org/\">La Casa le las Madres\u003c/a>, Kathy Black told Mina Kim that is exactly what she would like to see happen. The anti-domestic violence group made headlines last month when it \u003ca href=\"http://ww2.kqed.org/news/2012/02/16/domestic-violence-billboard-referring-to-mirkarimi-comment-to-be-unveiled/\">put up a billboard referencing Mirkarimi's comment\u003c/a> that the incident in question was a \"private matter, a family matter,\" \u003c/p>\n\u003cp>\"Now that it's gone through the justice system, it needs to go through the political system, through the mayor's office,\" Black said, \"to be looked at to see whether it should go to the ethics commission. It needs to go through that process. Then the city and county, and the citizens of San Francisco, can feel that it's gone through the right process.\u003c/p>\n\u003cp>\"It seems like a stretch to me that he would be able to execute his duties as sheriff and have all these domestic violence stipulations attached to his plea deal.\"\u003c/p>\n\u003cp>Black said she was satisified with the legal resolution.\u003c/p>\n\u003cp>\"I think that the legal system has done its job. I think that in misdemeanor domestic violence cases, these kinds of pleas are not uncommon, and in this deal there are some important pieces that satisfy the issue. One is the continued stay-away order, three years probation, a hundred hours of community service, the 52-week batterers intervention program, parenting classes and counseling, and the apology to the witnesses.\" \u003c/p>\n\u003cp>Minouche Kandel, who works on domestic violence cases for Bay Area Legal Aid, said she thinks Mirkarimi should step down. \"This is not the end of the story. This resolves the criminal case, but I think it remains troubling for the sheriff's department to be led by a person convicted of falsely imprisoning his wife -- the primary purpose for the sheriff's depart,emt is to imprison people, and here you have someone who's been convicted of false imprisonment.\u003c/p>\n\u003cp>\"I also want to add, one things that makes the sheriff's department unique is that they provide a lot of programming in the area of domestic violence. They have programs for batterers in the jails; they have a survivor restoration empowerment project. To have someone who's been convicted of falsely imprisoning his wife in charge of a deptarment providing those services is problematic. \u003c/p>\n\u003cp>\"The city leaders have said they want to wait for the resolution of the criminal case, now we have the guilty plea. So I don't think they need to wait any more to refer this case to the ethics commission.\" \u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Update 2:42 p.m.\u003c/strong> This statement from Mayor Ed Lee seems to indicate he will at least consider an ethics investigation in light of today's guilty plea:\u003c/p>\n\u003cblockquote>\n\u003cp>“This clearly remains serious and troubling for our City. The Sheriff, one of our top law enforcement officials, has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter. \u003c/p>\n\u003cp>I understand the troubling nature that this guilty plea raises, given the Sheriff’s role in overseeing and incarcerating criminals in our county jails. \u003c/p>\n\u003cp>I intend to make a decision based on all of the facts as quickly as possible.”\u003c/p>\u003c/blockquote>\n\n",
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"description": "(Bay City News and KQED) San Francisco Sheriff Ross Mirkarimi pleaded guilty today to a misdemeanor false imprisonment charge in connection with the domestic violence case involving his wife. Mirkarimi, 50, appeared in court this morning after agreeing to the plea deal with prosecutors, who dropped three other misdemeanor charges related to a Dec. 31",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_59161\" class=\"wp-caption alignright\" style=\"max-width: 248px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/Mirkarimi.jpg\" alt=\"\" title=\"Mirkarimi\" width=\"248\" height=\"140\" class=\"size-full wp-image-59161\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sheriff Ross Mirkarimi (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News and KQED) San Francisco Sheriff Ross Mirkarimi pleaded guilty today to a misdemeanor false imprisonment charge in connection with the domestic violence case involving his wife.\u003c/p>\n\u003cp>Mirkarimi, 50, appeared in court this morning after agreeing to the plea deal with prosecutors, who dropped three other misdemeanor charges related to a Dec. 31 incident in which he allegedly grabbed and bruised the arm of his wife, Eliana Lopez, during an argument.\u003c/p>\n\u003cp>The D.A.'s office announced the following details of the plea arrangement:\u003c/p>\n\u003cblockquote>\u003cp>Mirkarimi, in his plea agreement, agreed to 3 years probation, 100 hours community service, 52 weeks of domestic violence classes, $400 domestic violence fine, parenting or family counseling per Adult Probation Department’s recommendation, pay standard court fines and fees, and will waive any and all future appellate rights. The stay away order remains in full force and effect subject to a Family court order.\u003c/p>\n\u003cp>In addition, the District Attorney was steadfast in his requirement for Mirkarimi to issue a public apology to Ivory Madison and her family for the public scrutiny they endured. “Domestic violence is an underreported crime that happens behind closed doors. Ivory Madison and other witnesses should be commended for their courage, “said District Attorney Gascón. “If we are committed to ending domestic violence, we in law enforcement must continue to encourage witnesses to come forward because it is the right thing to do for the victim, for the community and for our city.”\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\"For the last two months, this case has caused my family, my department, the sheriff's department, and the city great turmoil, pain and disappointment,\" Mirkarimi said outside of court. \"This plea allows us to move forward.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He said, \"I intend to return to the business of running one of the finest sheriff's departments in the nation, of mending my family and raising my son Theo in a safe and happy home.\"\u003c/p>\n\u003cp>Mirkarimi said he will comment further after the sentencing next week.\u003c/p>\n\u003cp>Mirkarimi will not be allowed to carry a weapon while the order is in effect, district attorney's office spokesman Omid Talai said.\u003c/p>\n\u003cp>While today's developments would seem to provide a legal resolution to a case that has transfixed the city -- or its political establishment and media, at least -- Mirkarimi's political problems may not be over. \u003ca href=\"http://ww2.kqed.org/news/2012/03/12/reports-mirkarimi-to-accept-plea-deal/#Lee\">Mayor Ed Lee issued a statement today\u003c/a> calling the situation \"serious and troubling.\"\u003c/p>\n\u003cp>\"One of our top law enforcement officials,\" Lee said, \"has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter.\" \u003c/p>\n\u003cp>Mirkarimi had initially pleaded not guilty to misdemeanor domestic violence battery, child endangerment and dissuading a witness charges, accusations that were denied by Lopez, who refused to cooperate with prosecutors.\u003c/p>\n\u003cp>But the attorneys for Mirkarimi and Lopez were denied in repeated efforts in court to exclude as evidence a 55-second video of Lopez recorded by a neighbor in which she reportedly cried while pointing to the bruise on her arm.\u003c/p>\n\u003cp>Peter Keane, professor of law at Golden Gate University, told KQED's Mina Kim that the deal \"was a practical and prudent move on the part of Mirkarimi. The evidence against him was very strong and there was a good likelihood that he would have been convicted of the abuse charges. Having convictions for spousal abuse and endangering a child would have carried a tremendous stigma against him and would also likely have called for some sort of substantial punishment beyond what it will be for the false imprisonment plea he put in today.\"\u003c/p>\n\u003cp>Keane said he thought the case had been swinging the prosecution's way, and that may have encouraged the Mirkarimi team to cut a deal. \u003c/p>\n\u003cp>\"I think a lot had to do with the rulings relating to the evidence that would be allowed in the case. The fact that the videotape was going to be allowed in, and that the friend that Ms. Lopez had spoken with [Ivory Madison] was going to be allowed to testify – those aspects of the evidence were very strong and I think Mirkarimi and his attorneys realized that for the best possible outcome, they'd better attempt to reach some sort of deal while they still have leverage, before the case starts going forward.\"\u003c/p>\n\u003cp>(\u003cstrong>Update\u003c/strong>: The \u003ca href=\"http://www.sfbg.com/politics/2012/03/12/why-mirkarimi-pled-guilty\">Bay Guardian's\u003c/a> Tim Redmond says \"people close to the sheriff\" told him that Mirkarimi copped the plea \"when it became clear that he was losing every single motion around the admissibility of evidence, even when he and his attorney, Lidia Stiglich, were convinced they were right on the merits -- and when it was clear from juror surveys that virtually everyone in town had read the salacious press accounts and it was impossible to find a neutral jury -- he decided he had no choice.\")\u003c/p>\n\u003cp>Keane said it was not uncommon for defendants to plead guilty to a different charge than what they had originally been accused of. He said the charge of false imprisonment was related to the allegations in the police report that Mirkarimi had grabbed Lopez and attempted to prevent her from leaving. \"When you restrain someone of their liberty, you keep them from doing what they want in terms of freedom of mobility -- that's enough for the charge of false imprisonment. Even if it was just a momentary thing.\" \u003c/p>\n\u003cp>Keane thought it was a good deal for Mirkarimi, \"because he was facing considerable punishment and stigma had he been convicted of the abuse charges.\"\u003c/p>\n\u003cp>\"Yet at the same time it's a reasonable call for the prosecutor in this situation to look at it and say there wasn't any terrific injury; there was indeed abuse, but it's not something we typically see in a spousal abuse charge. It's an indication of a one-time incident. [So the charge] is proportional to the incident.\"\u003c/p>\n\u003cp>Keane thought it unlikely that Mirkarimi would be removed from office through the city's ethics process.\u003c/p>\n\u003cp>\"My prediction is he'll probably serve out his four years, because the only alternative to that \u003ca href=\"http://blogs.sfweekly.com/thesnitch/2012/01/ross_mirkarimi_misconduct.php\">would be for the mayor to institute proceedings to remove him\u003c/a>, which would require a trial before the board of supervisors, with the supervisors in effect sitting as a court and the president of the board presiding like a judge. We saw that back in the 1970s with airport commissioner Joe Mazzola, and it turned out to be a very unwieldy kind of circus. And you also need a supermajority to vote for removal – Mirkarimii has many friends on that board. So I think it's unlikely Mayor Ed Lee will institute those proceedings.\"\u003c/p>\n\u003cp>However, Executive Director of \u003ca href=\"http://www.lacasa.org/\">La Casa le las Madres\u003c/a>, Kathy Black told Mina Kim that is exactly what she would like to see happen. The anti-domestic violence group made headlines last month when it \u003ca href=\"http://ww2.kqed.org/news/2012/02/16/domestic-violence-billboard-referring-to-mirkarimi-comment-to-be-unveiled/\">put up a billboard referencing Mirkarimi's comment\u003c/a> that the incident in question was a \"private matter, a family matter,\" \u003c/p>\n\u003cp>\"Now that it's gone through the justice system, it needs to go through the political system, through the mayor's office,\" Black said, \"to be looked at to see whether it should go to the ethics commission. It needs to go through that process. Then the city and county, and the citizens of San Francisco, can feel that it's gone through the right process.\u003c/p>\n\u003cp>\"It seems like a stretch to me that he would be able to execute his duties as sheriff and have all these domestic violence stipulations attached to his plea deal.\"\u003c/p>\n\u003cp>Black said she was satisified with the legal resolution.\u003c/p>\n\u003cp>\"I think that the legal system has done its job. I think that in misdemeanor domestic violence cases, these kinds of pleas are not uncommon, and in this deal there are some important pieces that satisfy the issue. One is the continued stay-away order, three years probation, a hundred hours of community service, the 52-week batterers intervention program, parenting classes and counseling, and the apology to the witnesses.\" \u003c/p>\n\u003cp>Minouche Kandel, who works on domestic violence cases for Bay Area Legal Aid, said she thinks Mirkarimi should step down. \"This is not the end of the story. This resolves the criminal case, but I think it remains troubling for the sheriff's department to be led by a person convicted of falsely imprisoning his wife -- the primary purpose for the sheriff's depart,emt is to imprison people, and here you have someone who's been convicted of false imprisonment.\u003c/p>\n\u003cp>\"I also want to add, one things that makes the sheriff's department unique is that they provide a lot of programming in the area of domestic violence. They have programs for batterers in the jails; they have a survivor restoration empowerment project. To have someone who's been convicted of falsely imprisoning his wife in charge of a deptarment providing those services is problematic. \u003c/p>\n\u003cp>\"The city leaders have said they want to wait for the resolution of the criminal case, now we have the guilty plea. So I don't think they need to wait any more to refer this case to the ethics commission.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Update 2:42 p.m.\u003c/strong> This statement from Mayor Ed Lee seems to indicate he will at least consider an ethics investigation in light of today's guilty plea:\u003c/p>\n\u003cblockquote>\n\u003cp>“This clearly remains serious and troubling for our City. The Sheriff, one of our top law enforcement officials, has now pleaded guilty to an unexpected and very serious charge that has introduced a new set of legal issues that must be thoroughly reviewed. I am working with legal counsel to review the facts and determine what options are available to me under the City charter. \u003c/p>\n\u003cp>I understand the troubling nature that this guilty plea raises, given the Sheriff’s role in overseeing and incarcerating criminals in our county jails. \u003c/p>\n\u003cp>I intend to make a decision based on all of the facts as quickly as possible.”\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Former SF Mayor Art Agnos: Mirkarimi Prosecution is Political; Legal Analyst: Gascon Had No Choice",
"title": "Former SF Mayor Art Agnos: Mirkarimi Prosecution is Political; Legal Analyst: Gascon Had No Choice",
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"content": "\u003cfigure id=\"attachment_59050\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi.jpg\">\u003cimg class=\"size-medium wp-image-59050\" title=\"mirkarimi\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi-300x270.jpg\" alt=\"\" width=\"300\" height=\"270\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi stands in front city hall, date unkown. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The trial of Sheriff Ross Mirkarimi on three misdemeanor charges related to an alleged incident of domestic violence against his wife, Eliana Lopez, is plodding along. A jury has not yet been seated, with a couple of hundred people already \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/mirkarimi-trial-challenge-finding-jury/\">weeded out\u003c/a> based on their answers to a \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/take-ross-mirkarimi-jury-questionnaire/\">nine-page questionnaire\u003c/a>.\u003c/p>\n\u003cp>Legal motions from the defendant have to be sorted out as well. Today a video recorded by Lopez's neighbor, \u003ca href=\"http://www.huffingtonpost.com/2012/02/27/eliana-lopez-photos-released_n_1304146.html\">reportedly showing a bruise on Lopez's arm\u003c/a> allegedly caused by Mirkarimi, as well as Lopez herself stating \"this is the second time this is happening,\" was ruled admissible as evidence by a three-judge appellate panel from San Francisco Superior Court.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.mercurynews.com/news/ci_20107185\">motion for a venue change\u003c/a> filed by Mirkarimi's lead attorney, Lidia Stiglich, has yet to be ruled on. That motion, \u003ca href=\"http://www.chicagotribune.com/news/sns-rt-us-crime-sherifftre82618d-20120307,0,7141040.story\">reports Reuters\u003c/a>, claims that \"the case is intertwined with local politics and political ambitions. The political overtones that have encompassed this case from the beginning have created a significant contributing prejudice.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#agnos\">\u003cstrong>Interview with Art Agnos\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#little\">\u003cstrong>Interview with Prof. Rory Little\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.californiareport.org/archive/R201203091630/b\">\u003cstrong>Audio: Listen to The California Report story\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>One Mirkarimi supporter who agrees with that charge is former San Francisco Mayor Art Agnos. The two are close personally and have supported each other politically, with then-Supervisor Mirkarimi being Agnos' main proponent during the debate over who would be interim mayor when Gavin Newsom left for the lieutenant governorship.\u003c/p>\n\u003cp>Other observers, however, do not believe that is true. The California Report's Scott Shafer this week interviewed both Agnos and Hastings law professor Rory Little about the case. Agnos believes bad blood between San Francisco D.A. George Gascon and Mirkarimi is helping to drive the prosecution. But Professor Little says that given the evidence against the sheriff, Gascon had no choice but to prosecute.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Read edited transcripts of both interviews below:\u003c/p>\n\u003cp>\u003ca name=\"agnos\">\u003c/a>\u003cbr>\n\u003cem>Scott Shafer's interview with former Mayor Art Agnos\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case so far? They had a huge jury pool.\u003c/p>\n\u003cp>AGNOS: It’s really remarkable. These people are filling out these long questionnaires that were arrived at by both the D.A. and the feds. And these people are revealing a level of attitude that automatically disqualifies them. \u003c!--more-->\u003c/p>\n\u003cp>SHAFER: What do you think that says?\u003c/p>\n\u003cp>AGNOS: It means that this has been a subject of extraordinary coverage by the media. The Chronicle alone had a news story or a blog item in print 55 times in the month of January alone. By the end of this week, they’ll be at 100. And this is less than two-months old.\u003c/p>\n\u003caside class=\"pullquote alignleft\">There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003cbr>\n--Former SF Mayor Art Agnos\u003c/aside>\n\u003cp>They have covered this story, which is three misdemeanors, more than the president, governor, mayor combined. And I think the result of this excessive coverage by the media has resulted in this city being oversaturated with information about this that really comes from one side, which is the prosecution’s side, which leads to some very severe questions as to whether Ross can get a fair trial in this city.\u003c/p>\n\u003cp>SHAFER: Although some have suggested that he can get a fairer trial here than he could, say, in Shasta County or Humboldt County, where you might get a more conservative, pro-prosecution jury pool...\u003c/p>\n\u003cp>AGNOS: I don’t know. Right now, what the concern seems to be is whether people have an open mind, because the presumption is that he’s innocent until proven guilty. And yet, in politics it’s often the reverse. A politician is guilty until proven innocent, and the coverage has certainly reinforced that notion.\u003c/p>\n\u003cp>SHAFER: You have been a friend and a political supporter and ally of Mirkarimi's. What should people know about Ross Mirkarimi that they may not know from the media coverage?\u003c/p>\n\u003cp>AGNOS: Well I haven’t known Ross that long. I first met him in the Matt Gonzalez-for-mayor campaign, then supported him when he ran for supervisor the first time.\u003c/p>\n\u003cp>But I have found him to be a very honest, sincere, passionate person about public service. And I think that has cost him in this process, because his passionate, committed approach has led to misunderstandings regarding why he’s doing something. When he is driving hard on an issue for poor people, for the underdog, he can be very passionate, and sometimes that’s misunderstood as someone who is being overbearing. And I think that may have caused people to get a different impression of him than he really deserves.\u003c/p>\n\u003cp>SHAFER: Because you know him in a personal way, you probably know something about this situation you can’t talk about. But based on what you know, is he the kind of person who could commit domestic violence?\u003c/p>\n\u003cp>AGNOS: Ross is not a violent person. He is not someone who would do this. He was raised by a mother who struggled throughout his childhood. He was raised by a very loving and caring grandmother. In fact, as he says, he was raised by a group of doting women who were very strong. His mother was a leader in civil rights in her day.\u003c/p>\n\u003cp>So Ross Mirkarimi is really a feminist who is terribly humiliated by this experience, because he and his wife have not had a chance to give their side. They’ve been obviously advised by attorneys that they have to make their case in front of a jury who will make that decision. It has been very difficult for him to read the kinds of things that have been said and written about him without having the opportunity to respond.\u003c/p>\n\u003cp>His wife says that no violent act occurred. Did they have a disagreement? Yes. Was it a serious one between a husband and wife? Yes. But there was no violence according to his wife and according to him, and I believe and trust in that statement.\u003c/p>\n\u003cp>I think when the trial unfolds we will find out some facts that involve a lot of issues in this city, and around politics, that will surprise people.\u003c/p>\n\u003cp>SHAFER: In terms of how this came to be and the way it’s being prosecuted?\u003c/p>\n\u003cp>AGNOS: It’s no secret that Ross has had a bad relationship or a difficult political relationship with the current DA and then-police chief Gascon. They disagreed over community policing in his district and in the city when he was a supervisor. They disagreed over Gascon's insulting comments when he was police chief around attacks or threats against the Hall of Justice by, quote, Middle Easterners, something he had to \u003ca href=\"http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=7364156\">apologize for\u003c/a>. They’ve also had a number of issues around the cost of safety for protection for the mayor.\u003c/p>\n\u003cp>So there is a history there. And there are a number of apparent conflicts within the D.A.'s office, as pointed out in the \u003ca href=\"http://online.wsj.com/article/SB10001424052970204520204577251670304522432.html\">Wall Street Journal\u003c/a>. There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003c/p>\n\u003cp>SHAFER: As mayor you experienced what it’s like for someone who is not part of the political establishment to come to city hall. What do you think this case says about the political dynamics in the city?\u003c/p>\n\u003cp>AGNOS: For all of it’s cosmopolitan image, San Francisco is a city of insiders and outsiders even within the political world, so that if you come into this city as a person who grew up somewhere else, didn’t go to the traditional schools in this city and don’t belong to the traditional clubs, it can be a difficult political climb up the ladder.\u003c/p>\n\u003cp>Ross, like me, has made that climb. I think that in this particular case Ross won a big victory over a traditional San Francisco insider, and that’s the former president of the police union, Chris Cunnie. He came in third in the election and I think there are people today who would like to see a vacancy in the sheriff’s department so that Chris Cunnie could snatch victory from the jaws of defeat.\u003c/p>\n\u003cp>SHAFER: You in the legislature and as mayor have been a big advocate of women’s rights and laws protecting women. Are you critical or disappointed at all in the way that Ross responded to the initial allegations? He called it a private matter, which is anathema to advocates.\u003c/p>\n\u003cp>AGNOS: There’s no question that domestic violence is a serious issue. However, in this case his wife says that the disagreement between them was not domestic violence, was not a matter for the district attorney to prosecute. When they made the statement that this was a private matter, they were referring to the specific issue that led to the argument, not the fact that they were being accused of domestic violence.\u003c/p>\n\u003cp>So the private matter was whether how long his wife and young son should leave the country for a vacation in Venezuela. Ross as a newly elected sheriff was understandably worried, not only about the length of time they might leave but also the threat of kidnapping. Just last fall a major league baseball player for the Washington Nationals was kidnapped in Venezuela and held for a high ransom. Certainly a television star, the wife of the sheriff of San Francisco was a bigger target than a major league baseball player. So that's what led to the matter that broke out.\u003c/p>\n\u003cp>SHAFER: Shortly after this happened a number of women’s advocates called on him to step aside until this is resolved. Do you think they're part of the political persecution, if you will, that you described earlier, or do you think they’re sincere and just doing what they do as advocates?\u003c/p>\n\u003cp>AGNOS: I think some of them clearly believe very strongly in this issue, and I think others are maybe using this for political advantage, because it’s clear some of those who have been in the press, calling for him to step down, were strong supporters and advocates, and contributors to Chris Cunnie, his major opponent last fall.\u003c/p>\n\u003cp>SHAFER: We don’t know how this is going to end up, but what impact is it likely to have you think?\u003c/p>\n\u003cp>AGNOS: Well there’s no question that this has had an enormous impact on Ross, on his wife and his family. I know from being close to him during this crisis that it has been a humiliating, embarrassing, and very depressing experience.\u003c/p>\n\u003cp>Because of the stay-away order, what Ross has to do every day is stand 100 yards away from his house while someone brings his child to him, on a corner somewhere. And then he’s got two hours with that two-year old, and then he brings him back to the corner so that another person can take him back to his house. That’s the way he’s been living for the last two or three weeks and for the foreseeable future. I don’t think that helps strengthen a family. I think it hurts it.\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca name=\"little\">\u003c/a>\u003cbr>\n\u003cem>Now here's Scott Shafer's interview with Rory Little, Professor of Law at Hastings\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case against Mirkarimi?\u003c/p>\n\u003cp>RORY LITTLE: If the tape is ruled admissible evidence, the government's case looks very strong. If there isn't any of that evidence, then really what do you have? Almost nothing.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003cbr>\n--Law Prof. Rory Little, UC Hastings\u003c/aside>\n\u003cp>What's unusual here is that normally in these domestic violence cases, you have a first-time offender, no serious physical injury -- many of these are resolved with a simple consent order for anger management or mediation. It's one day's publicity and you move on. We allow the first offender to resolve it in kind of a trust-me way, often because the spouse does decide she doesn't want to tear up their entire life, and with mediation and some court supervision you can prevent a serious incident.\u003c/p>\n\u003cp>But it's been blown out of proportion, in a sense, because the sheriff has decided to fight as hard as he can. He's going for an all or nothing result.\u003c/p>\n\u003cp>It's a high-risk legal strategy, and it's not one you see very often. Most defendants will play a less risky strategy. But I think he believes his career depends on this moment. It may be at this point he regrets having gone down this path, but it's pretty hard to go back.\u003c/p>\n\u003cp>SCOTT SHAFER: How much of that is because of the way the defense is handling this and how much because of the way the prosecutor is handling this?\u003c/p>\n\u003cp>RORY LITTLE: I don’t' think it has anything to do with how the DA's handling it. The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003c/p>\n\u003cp>In fact you would have seen some heavy criticism of the government had they not charged this case, particularly since Mirkarimi is a high-ranking government official and a law-enforcement official.\u003c/p>\n\u003cp>So I think the government actually believed, \"well we have to charge this,\" and they probably thought \"this evidence is strong, we'll get a quick resolution.\" What they didn’t anticipate was that the sheriff would in a sense stake his political career on this matter. But they can't let it go at this point.\u003c/p>\n\u003cp>And what you have now is the phenonenon you see in these cases sometimes, which is former romantic partners coming forward saying \"me too.\" We never know if the me-toos are true or false, because the incidents they cite are old, and why didn't they report it before, etc. But the more me-toos come out, the more he's damaged in the eyes of the community.\u003c/p>\n\u003cp>SCOTT SHAFER: What about the desire to change the venue? What are the pros and cons?\u003c/p>\n\u003cp>RORY LITTLE: You almost never see venue-change motions in misdemeanor cases, and you don’t see them granted even in big felony cases. Only in a big homicide case do you see them granted.\u003c/p>\n\u003cp>But the venue-change motion here is not a crazy thing. As they've examined these potential jurors, what they've learned is that almost everybody has read about this and has a general ideas as to what they think happened. Often that's a reason to change venue.\u003c/p>\n\u003cp>On the other hand, do you want to leave the San Francisco jury pool? You're likely to go to a county that has a more conservative jury pool. Normally conservative communities have a sympathy for law enforcement agents, but at the same time there's a real dislike for law enforcement agents who may be domestic batterers.\u003c/p>\n\u003cp>It seems to me to be sort of an amazing gamble. It seems like a lawyer's strategy to make a motion that if denied becomes a basis for appeal a year later.\u003c/p>\n\u003cp>SCOTT SHAFER: what do you make of the fact that the three charges filed are misdemeanors?\u003c/p>\n\u003cp>RORY LITTLE: Gascon is well aware of the political ramifications here. I'm relatively certain that he gave it to his domestic violence unit and told them to treat this like every other case.\u003c/p>\n\u003cp>I think this case was charged as a standard domestic violence case, one they couldn't avoid because they thought they had strong evidence. The case wouldn't normally be charged as a felony. And the witness-tampering charge is the sort of natural human interaction you have in these cases.\u003c/p>\n\u003cp>I think the DA is trying to avoid the appearance of going too hard as well as going too soft. Right down the middle.\u003c/p>\n\u003cp>SCOTT SHAFER: There are charges by Mirkarimi supporters that this is political, that the defendant and D.A. have previously crossed paths and disagreed. What do you make of that?\u003c/p>\n\u003cp>RORY LITTLE: It's hard to look at this case and think it's being too aggressively prosecuted. If Gascon has been intelligent about his own political future, he has handed this off to somebody in his office and said you handle it the way you normally do.\u003c/p>\n\u003cp>The only part of this that looked aggressive was the stay-away order, which stayed in place a couple of weeks, with a young child and wife who didn’t want the order. But the judge who heard that part of the case was experienced with domestic violence and said this is normally the way we do it, and you have to prove to me that I should lift it. The stay-away order is automatically imposed whenever the child is in sight of the incident. That seems a little harsh, but it's an automatic thing. It happens in every case.\u003c/p>\n\u003cp>But that's a problem with our domestic violence system; the pendulum has swung very far now in favor of aggressive enforcement. Because for a long time these laws weren't aggressively enforced at all.\u003c/p>\u003c/blockquote>\n\n",
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"description": "The trial of Sheriff Ross Mirkarimi on three misdemeanor charges related to an alleged incident of domestic violence against his wife, Eliana Lopez, is plodding along. A jury has not yet been seated, with a couple of hundred people already weeded out based on their answers to a nine-page questionnaire. Legal motions from the defendant",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_59050\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi.jpg\">\u003cimg class=\"size-medium wp-image-59050\" title=\"mirkarimi\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/mirkarimi-300x270.jpg\" alt=\"\" width=\"300\" height=\"270\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ross Mirkarimi stands in front city hall, date unkown. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The trial of Sheriff Ross Mirkarimi on three misdemeanor charges related to an alleged incident of domestic violence against his wife, Eliana Lopez, is plodding along. A jury has not yet been seated, with a couple of hundred people already \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/mirkarimi-trial-challenge-finding-jury/\">weeded out\u003c/a> based on their answers to a \u003ca href=\"http://www.baycitizen.org/ross-mirkarimi-3/story/take-ross-mirkarimi-jury-questionnaire/\">nine-page questionnaire\u003c/a>.\u003c/p>\n\u003cp>Legal motions from the defendant have to be sorted out as well. Today a video recorded by Lopez's neighbor, \u003ca href=\"http://www.huffingtonpost.com/2012/02/27/eliana-lopez-photos-released_n_1304146.html\">reportedly showing a bruise on Lopez's arm\u003c/a> allegedly caused by Mirkarimi, as well as Lopez herself stating \"this is the second time this is happening,\" was ruled admissible as evidence by a three-judge appellate panel from San Francisco Superior Court.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.mercurynews.com/news/ci_20107185\">motion for a venue change\u003c/a> filed by Mirkarimi's lead attorney, Lidia Stiglich, has yet to be ruled on. That motion, \u003ca href=\"http://www.chicagotribune.com/news/sns-rt-us-crime-sherifftre82618d-20120307,0,7141040.story\">reports Reuters\u003c/a>, claims that \"the case is intertwined with local politics and political ambitions. The political overtones that have encompassed this case from the beginning have created a significant contributing prejudice.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#agnos\">\u003cstrong>Interview with Art Agnos\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2012/03/09/ross-mirkarimi-art-agnos-rory-little/#little\">\u003cstrong>Interview with Prof. Rory Little\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.californiareport.org/archive/R201203091630/b\">\u003cstrong>Audio: Listen to The California Report story\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>One Mirkarimi supporter who agrees with that charge is former San Francisco Mayor Art Agnos. The two are close personally and have supported each other politically, with then-Supervisor Mirkarimi being Agnos' main proponent during the debate over who would be interim mayor when Gavin Newsom left for the lieutenant governorship.\u003c/p>\n\u003cp>Other observers, however, do not believe that is true. The California Report's Scott Shafer this week interviewed both Agnos and Hastings law professor Rory Little about the case. Agnos believes bad blood between San Francisco D.A. George Gascon and Mirkarimi is helping to drive the prosecution. But Professor Little says that given the evidence against the sheriff, Gascon had no choice but to prosecute.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Read edited transcripts of both interviews below:\u003c/p>\n\u003cp>\u003ca name=\"agnos\">\u003c/a>\u003cbr>\n\u003cem>Scott Shafer's interview with former Mayor Art Agnos\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case so far? They had a huge jury pool.\u003c/p>\n\u003cp>AGNOS: It’s really remarkable. These people are filling out these long questionnaires that were arrived at by both the D.A. and the feds. And these people are revealing a level of attitude that automatically disqualifies them. \u003c!--more-->\u003c/p>\n\u003cp>SHAFER: What do you think that says?\u003c/p>\n\u003cp>AGNOS: It means that this has been a subject of extraordinary coverage by the media. The Chronicle alone had a news story or a blog item in print 55 times in the month of January alone. By the end of this week, they’ll be at 100. And this is less than two-months old.\u003c/p>\n\u003caside class=\"pullquote alignleft\">There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003cbr>\n--Former SF Mayor Art Agnos\u003c/aside>\n\u003cp>They have covered this story, which is three misdemeanors, more than the president, governor, mayor combined. And I think the result of this excessive coverage by the media has resulted in this city being oversaturated with information about this that really comes from one side, which is the prosecution’s side, which leads to some very severe questions as to whether Ross can get a fair trial in this city.\u003c/p>\n\u003cp>SHAFER: Although some have suggested that he can get a fairer trial here than he could, say, in Shasta County or Humboldt County, where you might get a more conservative, pro-prosecution jury pool...\u003c/p>\n\u003cp>AGNOS: I don’t know. Right now, what the concern seems to be is whether people have an open mind, because the presumption is that he’s innocent until proven guilty. And yet, in politics it’s often the reverse. A politician is guilty until proven innocent, and the coverage has certainly reinforced that notion.\u003c/p>\n\u003cp>SHAFER: You have been a friend and a political supporter and ally of Mirkarimi's. What should people know about Ross Mirkarimi that they may not know from the media coverage?\u003c/p>\n\u003cp>AGNOS: Well I haven’t known Ross that long. I first met him in the Matt Gonzalez-for-mayor campaign, then supported him when he ran for supervisor the first time.\u003c/p>\n\u003cp>But I have found him to be a very honest, sincere, passionate person about public service. And I think that has cost him in this process, because his passionate, committed approach has led to misunderstandings regarding why he’s doing something. When he is driving hard on an issue for poor people, for the underdog, he can be very passionate, and sometimes that’s misunderstood as someone who is being overbearing. And I think that may have caused people to get a different impression of him than he really deserves.\u003c/p>\n\u003cp>SHAFER: Because you know him in a personal way, you probably know something about this situation you can’t talk about. But based on what you know, is he the kind of person who could commit domestic violence?\u003c/p>\n\u003cp>AGNOS: Ross is not a violent person. He is not someone who would do this. He was raised by a mother who struggled throughout his childhood. He was raised by a very loving and caring grandmother. In fact, as he says, he was raised by a group of doting women who were very strong. His mother was a leader in civil rights in her day.\u003c/p>\n\u003cp>So Ross Mirkarimi is really a feminist who is terribly humiliated by this experience, because he and his wife have not had a chance to give their side. They’ve been obviously advised by attorneys that they have to make their case in front of a jury who will make that decision. It has been very difficult for him to read the kinds of things that have been said and written about him without having the opportunity to respond.\u003c/p>\n\u003cp>His wife says that no violent act occurred. Did they have a disagreement? Yes. Was it a serious one between a husband and wife? Yes. But there was no violence according to his wife and according to him, and I believe and trust in that statement.\u003c/p>\n\u003cp>I think when the trial unfolds we will find out some facts that involve a lot of issues in this city, and around politics, that will surprise people.\u003c/p>\n\u003cp>SHAFER: In terms of how this came to be and the way it’s being prosecuted?\u003c/p>\n\u003cp>AGNOS: It’s no secret that Ross has had a bad relationship or a difficult political relationship with the current DA and then-police chief Gascon. They disagreed over community policing in his district and in the city when he was a supervisor. They disagreed over Gascon's insulting comments when he was police chief around attacks or threats against the Hall of Justice by, quote, Middle Easterners, something he had to \u003ca href=\"http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=7364156\">apologize for\u003c/a>. They’ve also had a number of issues around the cost of safety for protection for the mayor.\u003c/p>\n\u003cp>So there is a history there. And there are a number of apparent conflicts within the D.A.'s office, as pointed out in the \u003ca href=\"http://online.wsj.com/article/SB10001424052970204520204577251670304522432.html\">Wall Street Journal\u003c/a>. There are a lot of entanglements that raise questions as to whether this district attorney can really be the appropriate prosecuting agent for this case.\u003c/p>\n\u003cp>SHAFER: As mayor you experienced what it’s like for someone who is not part of the political establishment to come to city hall. What do you think this case says about the political dynamics in the city?\u003c/p>\n\u003cp>AGNOS: For all of it’s cosmopolitan image, San Francisco is a city of insiders and outsiders even within the political world, so that if you come into this city as a person who grew up somewhere else, didn’t go to the traditional schools in this city and don’t belong to the traditional clubs, it can be a difficult political climb up the ladder.\u003c/p>\n\u003cp>Ross, like me, has made that climb. I think that in this particular case Ross won a big victory over a traditional San Francisco insider, and that’s the former president of the police union, Chris Cunnie. He came in third in the election and I think there are people today who would like to see a vacancy in the sheriff’s department so that Chris Cunnie could snatch victory from the jaws of defeat.\u003c/p>\n\u003cp>SHAFER: You in the legislature and as mayor have been a big advocate of women’s rights and laws protecting women. Are you critical or disappointed at all in the way that Ross responded to the initial allegations? He called it a private matter, which is anathema to advocates.\u003c/p>\n\u003cp>AGNOS: There’s no question that domestic violence is a serious issue. However, in this case his wife says that the disagreement between them was not domestic violence, was not a matter for the district attorney to prosecute. When they made the statement that this was a private matter, they were referring to the specific issue that led to the argument, not the fact that they were being accused of domestic violence.\u003c/p>\n\u003cp>So the private matter was whether how long his wife and young son should leave the country for a vacation in Venezuela. Ross as a newly elected sheriff was understandably worried, not only about the length of time they might leave but also the threat of kidnapping. Just last fall a major league baseball player for the Washington Nationals was kidnapped in Venezuela and held for a high ransom. Certainly a television star, the wife of the sheriff of San Francisco was a bigger target than a major league baseball player. So that's what led to the matter that broke out.\u003c/p>\n\u003cp>SHAFER: Shortly after this happened a number of women’s advocates called on him to step aside until this is resolved. Do you think they're part of the political persecution, if you will, that you described earlier, or do you think they’re sincere and just doing what they do as advocates?\u003c/p>\n\u003cp>AGNOS: I think some of them clearly believe very strongly in this issue, and I think others are maybe using this for political advantage, because it’s clear some of those who have been in the press, calling for him to step down, were strong supporters and advocates, and contributors to Chris Cunnie, his major opponent last fall.\u003c/p>\n\u003cp>SHAFER: We don’t know how this is going to end up, but what impact is it likely to have you think?\u003c/p>\n\u003cp>AGNOS: Well there’s no question that this has had an enormous impact on Ross, on his wife and his family. I know from being close to him during this crisis that it has been a humiliating, embarrassing, and very depressing experience.\u003c/p>\n\u003cp>Because of the stay-away order, what Ross has to do every day is stand 100 yards away from his house while someone brings his child to him, on a corner somewhere. And then he’s got two hours with that two-year old, and then he brings him back to the corner so that another person can take him back to his house. That’s the way he’s been living for the last two or three weeks and for the foreseeable future. I don’t think that helps strengthen a family. I think it hurts it.\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"little\">\u003c/a>\u003cbr>\n\u003cem>Now here's Scott Shafer's interview with Rory Little, Professor of Law at Hastings\u003c/em>\u003c/p>\n\u003cblockquote>\u003cp>SCOTT SHAFER: What do you think of the case against Mirkarimi?\u003c/p>\n\u003cp>RORY LITTLE: If the tape is ruled admissible evidence, the government's case looks very strong. If there isn't any of that evidence, then really what do you have? Almost nothing.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003cbr>\n--Law Prof. Rory Little, UC Hastings\u003c/aside>\n\u003cp>What's unusual here is that normally in these domestic violence cases, you have a first-time offender, no serious physical injury -- many of these are resolved with a simple consent order for anger management or mediation. It's one day's publicity and you move on. We allow the first offender to resolve it in kind of a trust-me way, often because the spouse does decide she doesn't want to tear up their entire life, and with mediation and some court supervision you can prevent a serious incident.\u003c/p>\n\u003cp>But it's been blown out of proportion, in a sense, because the sheriff has decided to fight as hard as he can. He's going for an all or nothing result.\u003c/p>\n\u003cp>It's a high-risk legal strategy, and it's not one you see very often. Most defendants will play a less risky strategy. But I think he believes his career depends on this moment. It may be at this point he regrets having gone down this path, but it's pretty hard to go back.\u003c/p>\n\u003cp>SCOTT SHAFER: How much of that is because of the way the defense is handling this and how much because of the way the prosecutor is handling this?\u003c/p>\n\u003cp>RORY LITTLE: I don’t' think it has anything to do with how the DA's handling it. The DA was given a videotape of a victim in tears saying here's the bruise and I'm frightened. If you're a prosecutor in a domestic violence unit and you are given that kind of evidence, this is not a close case.\u003c/p>\n\u003cp>In fact you would have seen some heavy criticism of the government had they not charged this case, particularly since Mirkarimi is a high-ranking government official and a law-enforcement official.\u003c/p>\n\u003cp>So I think the government actually believed, \"well we have to charge this,\" and they probably thought \"this evidence is strong, we'll get a quick resolution.\" What they didn’t anticipate was that the sheriff would in a sense stake his political career on this matter. But they can't let it go at this point.\u003c/p>\n\u003cp>And what you have now is the phenonenon you see in these cases sometimes, which is former romantic partners coming forward saying \"me too.\" We never know if the me-toos are true or false, because the incidents they cite are old, and why didn't they report it before, etc. But the more me-toos come out, the more he's damaged in the eyes of the community.\u003c/p>\n\u003cp>SCOTT SHAFER: What about the desire to change the venue? What are the pros and cons?\u003c/p>\n\u003cp>RORY LITTLE: You almost never see venue-change motions in misdemeanor cases, and you don’t see them granted even in big felony cases. Only in a big homicide case do you see them granted.\u003c/p>\n\u003cp>But the venue-change motion here is not a crazy thing. As they've examined these potential jurors, what they've learned is that almost everybody has read about this and has a general ideas as to what they think happened. Often that's a reason to change venue.\u003c/p>\n\u003cp>On the other hand, do you want to leave the San Francisco jury pool? You're likely to go to a county that has a more conservative jury pool. Normally conservative communities have a sympathy for law enforcement agents, but at the same time there's a real dislike for law enforcement agents who may be domestic batterers.\u003c/p>\n\u003cp>It seems to me to be sort of an amazing gamble. It seems like a lawyer's strategy to make a motion that if denied becomes a basis for appeal a year later.\u003c/p>\n\u003cp>SCOTT SHAFER: what do you make of the fact that the three charges filed are misdemeanors?\u003c/p>\n\u003cp>RORY LITTLE: Gascon is well aware of the political ramifications here. I'm relatively certain that he gave it to his domestic violence unit and told them to treat this like every other case.\u003c/p>\n\u003cp>I think this case was charged as a standard domestic violence case, one they couldn't avoid because they thought they had strong evidence. The case wouldn't normally be charged as a felony. And the witness-tampering charge is the sort of natural human interaction you have in these cases.\u003c/p>\n\u003cp>I think the DA is trying to avoid the appearance of going too hard as well as going too soft. Right down the middle.\u003c/p>\n\u003cp>SCOTT SHAFER: There are charges by Mirkarimi supporters that this is political, that the defendant and D.A. have previously crossed paths and disagreed. What do you make of that?\u003c/p>\n\u003cp>RORY LITTLE: It's hard to look at this case and think it's being too aggressively prosecuted. If Gascon has been intelligent about his own political future, he has handed this off to somebody in his office and said you handle it the way you normally do.\u003c/p>\n\u003cp>The only part of this that looked aggressive was the stay-away order, which stayed in place a couple of weeks, with a young child and wife who didn’t want the order. But the judge who heard that part of the case was experienced with domestic violence and said this is normally the way we do it, and you have to prove to me that I should lift it. The stay-away order is automatically imposed whenever the child is in sight of the incident. That seems a little harsh, but it's an automatic thing. It happens in every case.\u003c/p>\n\u003cp>But that's a problem with our domestic violence system; the pendulum has swung very far now in favor of aggressive enforcement. Because for a long time these laws weren't aggressively enforced at all.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Video of Mirkarimi's Wife Can Be Used as Evidence, Appeals Panel Rules",
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"content": "\u003cfigure id=\"attachment_58983\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"225\" height=\"169\" class=\"size-medium wp-image-58983\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News) A key piece of video evidence can be used as evidence in the upcoming domestic violence trial against San Francisco Sheriff Ross Mirkarimi, appellate division judges ruled today.\u003c/p>\n\u003cp>The three-judge panel from the San Francisco Superior Court's appellate division had been considering whether to allow the use of a 55-second video recorded by a neighbor that reportedly shows Mirkarimi's wife Eliana Lopez crying and pointing to a bruise on her arm.\u003c/p>\n\u003cp>After use of the video was allowed by Judge Garrett Wong, Lopez's attorney Paula Canny appealed Wong's decision to the appellate judges, who today ruled that they denied the appeal. \u003c!--more-->\u003c/p>\n\u003cp>Prosecutors have called the video the central part of their case against Mirkarimi, 50, who faces misdemeanor domestic violence battery, child endangerment and dissuading a witness charges in connection with the Dec. 31 incident in which he allegedly grabbed Lopez's arm during an argument, causing the bruise.\u003c/p>\n\u003cp>Canny was not immediately available to comment on the ruling this morning.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mirkarimi's defense attorney Lidia Stiglich has filed a separate motion regarding the video, arguing it should not be admissible because if Lopez does not testify in the trial, there is no way for Stiglich to cross-examine the alleged testimony from the video.\u003c/p>\n\u003cp>Stiglich has also filed a motion to move the trial to a different county, arguing that the extensive media coverage of the case has prevented Mirkarimi's ability to get a fair trial.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Wong, who is overseeing the case, has not yet ruled on those motions, but is scheduled to rule this afternoon on a motion by prosecutors to include California at Berkeley School of Law lecturer Nancy Lemon as an expert witness in the trial.\u003c/p>\n\n",
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"description": "(Bay City News) A key piece of video evidence can be used as evidence in the upcoming domestic violence trial against San Francisco Sheriff Ross Mirkarimi, appellate division judges ruled today. The three-judge panel from the San Francisco Superior Court's appellate division had been considering whether to allow the use of a 55-second video recorded",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_58983\" class=\"wp-caption alignleft\" style=\"max-width: 225px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/elianalopez1-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"225\" height=\"169\" class=\"size-medium wp-image-58983\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>(Bay City News) A key piece of video evidence can be used as evidence in the upcoming domestic violence trial against San Francisco Sheriff Ross Mirkarimi, appellate division judges ruled today.\u003c/p>\n\u003cp>The three-judge panel from the San Francisco Superior Court's appellate division had been considering whether to allow the use of a 55-second video recorded by a neighbor that reportedly shows Mirkarimi's wife Eliana Lopez crying and pointing to a bruise on her arm.\u003c/p>\n\u003cp>After use of the video was allowed by Judge Garrett Wong, Lopez's attorney Paula Canny appealed Wong's decision to the appellate judges, who today ruled that they denied the appeal. \u003c!--more-->\u003c/p>\n\u003cp>Prosecutors have called the video the central part of their case against Mirkarimi, 50, who faces misdemeanor domestic violence battery, child endangerment and dissuading a witness charges in connection with the Dec. 31 incident in which he allegedly grabbed Lopez's arm during an argument, causing the bruise.\u003c/p>\n\u003cp>Canny was not immediately available to comment on the ruling this morning.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>In recent weeks judges have issued stay-away orders to about 20 Occupy Oakland protesters who have been charged but not yet convicted of any crimes, according to lawyers from the National Lawyers Guild and Occupy Oakland organizers. The orders, issued at the request of Alameda County District Attorney Nancy O'Malley, bar the protesters from coming within up to 300 yards of Frank Ogawa Plaza, formerly the epicenter of the Occupy Oakland movement. \u003c/p>\n\u003cfigure id=\"attachment_58948\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakbrokenglasseschnov2.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakbrokenglasseschnov2-300x224.jpg\" alt=\"\" title=\"occupyoakbrokenglasseschnov2\" width=\"300\" height=\"224\" class=\"size-medium wp-image-58948\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Glass broken at an Occupy Oakland protest in Nov 2011 (Caitlin Esch/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>But on Thursday, the ACLU challenged the orders, filing petitions with the Alameda County Superior Court on behalf of four protesters facing charges ranging from blocking a sidewalk to assaulting a police officer. \u003c/p>\n\u003cp>ACLU Staff Attorney Michael Risher said the stay-away orders violate First Amendment rights and the California constitution.\u003c/p>\n\u003cp>“Courts have made it clear, there’s a special value in being able to speak in front of the seat of governmental authority, whether it’s the White House or whether it’s Oakland City Hall, which of course borders on Frank Ogawa Plaza,” Risher said. “And that right doesn’t go away simply because someone has been arrested at a previous demonstration.” \u003c!--more-->\u003c/p>\n\u003cp>Deputy District Attorney Teresa Drenick said in a statement that the stay-away orders are aimed at violent protesters and are “reasonable and necessary.” In an \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/19/IN391N7O9U.DTL\">op-ed published last month in the San Francisco Chronicle\u003c/a>, Alameda County District Attorney Nancy O’Malley wrote:\u003c/p>\n\u003cblockquote>\u003cp>Let me be clear: These individuals were not rallying on behalf of Occupy Wall Street, or even the greater Occupy Oakland movement. Rather, they advertise themselves as \"militant, anti-government, anti-police, and anarchists,\" with a mission to destroy the community fabric of Oakland through the use of violence.\u003c/p>\u003c/blockquote>\n\u003cp>But Risher said the use of stay-away orders for protest movements is uncommon.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“They’re being used to keep people away from the site of a political demonstration, that’s extremely uncommon. It’s not even authorized in most states. And other state courts that have looked at this have said that their laws simply don’t allow this type of thing. The law in California is not clear.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In recent weeks judges have issued stay-away orders to about 20 Occupy Oakland protesters who have been charged but not yet convicted of any crimes, according to lawyers from the National Lawyers Guild and Occupy Oakland organizers. The orders, issued at the request of Alameda County District Attorney Nancy O'Malley, bar the protesters from coming within up to 300 yards of Frank Ogawa Plaza, formerly the epicenter of the Occupy Oakland movement. \u003c/p>\n\u003cfigure id=\"attachment_58948\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakbrokenglasseschnov2.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakbrokenglasseschnov2-300x224.jpg\" alt=\"\" title=\"occupyoakbrokenglasseschnov2\" width=\"300\" height=\"224\" class=\"size-medium wp-image-58948\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Glass broken at an Occupy Oakland protest in Nov 2011 (Caitlin Esch/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>But on Thursday, the ACLU challenged the orders, filing petitions with the Alameda County Superior Court on behalf of four protesters facing charges ranging from blocking a sidewalk to assaulting a police officer. \u003c/p>\n\u003cp>ACLU Staff Attorney Michael Risher said the stay-away orders violate First Amendment rights and the California constitution.\u003c/p>\n\u003cp>“Courts have made it clear, there’s a special value in being able to speak in front of the seat of governmental authority, whether it’s the White House or whether it’s Oakland City Hall, which of course borders on Frank Ogawa Plaza,” Risher said. “And that right doesn’t go away simply because someone has been arrested at a previous demonstration.” \u003c!--more-->\u003c/p>\n\u003cp>Deputy District Attorney Teresa Drenick said in a statement that the stay-away orders are aimed at violent protesters and are “reasonable and necessary.” In an \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/19/IN391N7O9U.DTL\">op-ed published last month in the San Francisco Chronicle\u003c/a>, Alameda County District Attorney Nancy O’Malley wrote:\u003c/p>\n\u003cblockquote>\u003cp>Let me be clear: These individuals were not rallying on behalf of Occupy Wall Street, or even the greater Occupy Oakland movement. Rather, they advertise themselves as \"militant, anti-government, anti-police, and anarchists,\" with a mission to destroy the community fabric of Oakland through the use of violence.\u003c/p>\u003c/blockquote>\n\u003cp>But Risher said the use of stay-away orders for protest movements is uncommon.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Delay of UC Davis Pepper Spray Report Has Its Roots in Police Privacy Laws",
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"content": "\u003cp>On Tuesday, an Alameda County judge granted a UC campus police officers’ union request for a restraining order concerning the release of the university's report on the campus pepper-spray incident last November. The judge ruled that union attorneys should be able to read the report before it's released to the public.\u003c/p>\n\u003cfigure id=\"attachment_58746\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/UCDavisOccupyProtestPepperS.jpg\">\u003cimg class=\"size-full wp-image-58746\" title=\"UCDavisOccupyProtestPepperS\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/UCDavisOccupyProtestPepperS.jpg\" alt=\"\" width=\"300\" height=\"201\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nov 21 protest at UC Davis over pepper-spray incident. (Justin Sullivan/Getty\u003c/figcaption>\u003c/figure>\n\u003cp>Last November, UC Davis campus police doused a group of student protesters with the spray. Student and public outrage ensued, and the university assigned a task force to investigate the incident . The group was scheduled to release its findings yesterday afternoon, but it postponed at the last minute after learning of the request for a restraining order by the officers’ union.\u003c/p>\n\u003cp>The judge ordered the task force to give its report to the officers’ attorneys so they could determine which parts, if any, contain information about accused officers that might violate legal protections for police.\u003c/p>\n\u003cp>Steve Montiel, a UC spokesperson, said the university was disappointed with the judge’s decision. “We feel it’s important for this report to be made accessible to the UC Davis community and the public. It’s important so that the healing can begin and so the university can move forward.” \u003c!--more-->\u003c/p>\n\u003cp>At issue are privacy protections afforded law enforcement officers. Police union attorney John Bakhit said the law prohibits public dissemination of information about officers’ personnel histories. He referred to section \u003ca href=\"http://law.onecle.com/california/penal/832.7.html\">832.7 of the California Penal Code\u003c/a>, which says officer personnel records are confidential and shall not be disclosed in any criminal or civil proceeding.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That law was passed after a 1974 requirement that law enforcement agencies establish a system for investigating and documenting complaints against peace officers; and a 1974 California Supreme Court ruling requiring the Los Angeles County Sheriff’s Department to produce records that could aid a defendant in establishing excessive force during an arrest.\u003c/p>\n\u003cp>Before the high court ruling, law enforcement agencies saved records of complaints, assuming they would be kept confidential. But in the wake of the decision, agencies realized they might have to disclose that information in legal proceedings, and they were accused of shredding the records.\u003c/p>\n\u003cp>In response, the legislature in 1977 enacted Penal Code 832.7—the one Bakhit cites in the UC Davis case. The code was designed to define specific circumstances under which complaints against police can be released.\u003c/p>\n\u003cp>Another protection for police, the Public Safety Officers Procedural Bill of Rights Act, was passed in 1977. It says that no statement made by a public safety officer \"under duress, coercion or threat of punitive action shall be admissible in any subsequent civil proceeding.”\u003c/p>\n\u003cp>Bakhit said that is exactly what happened in the pepper-spray case. “These officers were compelled to speak to these 'quote' investigators,” he said, “and that in and of itself gives [the investigators] access to confidential information.”\u003c/p>\n\u003cp>The most recent legal battle over officer confidentiality was in 2006, when the California Supreme Court upheld police privacy laws. Copley Press, which published the San Diego Union Tribune, sued the county to gain access to an appeals hearing involving the termination of a sheriff’s deputy. The state Supreme Court rejected Copley’s demands.\u003c/p>\n\u003cp>Michael Risher, staff attorney with the ACLU, says the UC Davis report should be published in full, and that California courts have interpreted the police privacy laws too broadly.\u003c/p>\n\u003cp>“If California law really prohibits the university from making this information public, that's a big problem, and the law should be changed...This veil of secrecy that protects internal discipline proceedings does not prevent the government from releasing the names of police officers who are involved in interactions with the public.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Related:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.porac.org/POBOR.html\">Peace Officers’ Bill of Rights\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.readability.com/read?url=http%3A%2F%2Fcolorlines.com%2Farchives%2F2011%2F08%2Fdeadly_secrets_how_california_law_has_shielded_oakland_police_violence.html\">How California Law Shields Oakland Police Violence\u003c/a> (ColorLines)\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Tuesday, an Alameda County judge granted a UC campus police officers’ union request for a restraining order concerning the release of the university's report on the campus pepper-spray incident last November. The judge ruled that union attorneys should be able to read the report before it's released to the public.\u003c/p>\n\u003cfigure id=\"attachment_58746\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/UCDavisOccupyProtestPepperS.jpg\">\u003cimg class=\"size-full wp-image-58746\" title=\"UCDavisOccupyProtestPepperS\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/UCDavisOccupyProtestPepperS.jpg\" alt=\"\" width=\"300\" height=\"201\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nov 21 protest at UC Davis over pepper-spray incident. (Justin Sullivan/Getty\u003c/figcaption>\u003c/figure>\n\u003cp>Last November, UC Davis campus police doused a group of student protesters with the spray. Student and public outrage ensued, and the university assigned a task force to investigate the incident . The group was scheduled to release its findings yesterday afternoon, but it postponed at the last minute after learning of the request for a restraining order by the officers’ union.\u003c/p>\n\u003cp>The judge ordered the task force to give its report to the officers’ attorneys so they could determine which parts, if any, contain information about accused officers that might violate legal protections for police.\u003c/p>\n\u003cp>Steve Montiel, a UC spokesperson, said the university was disappointed with the judge’s decision. “We feel it’s important for this report to be made accessible to the UC Davis community and the public. It’s important so that the healing can begin and so the university can move forward.” \u003c!--more-->\u003c/p>\n\u003cp>At issue are privacy protections afforded law enforcement officers. Police union attorney John Bakhit said the law prohibits public dissemination of information about officers’ personnel histories. He referred to section \u003ca href=\"http://law.onecle.com/california/penal/832.7.html\">832.7 of the California Penal Code\u003c/a>, which says officer personnel records are confidential and shall not be disclosed in any criminal or civil proceeding.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That law was passed after a 1974 requirement that law enforcement agencies establish a system for investigating and documenting complaints against peace officers; and a 1974 California Supreme Court ruling requiring the Los Angeles County Sheriff’s Department to produce records that could aid a defendant in establishing excessive force during an arrest.\u003c/p>\n\u003cp>Before the high court ruling, law enforcement agencies saved records of complaints, assuming they would be kept confidential. But in the wake of the decision, agencies realized they might have to disclose that information in legal proceedings, and they were accused of shredding the records.\u003c/p>\n\u003cp>In response, the legislature in 1977 enacted Penal Code 832.7—the one Bakhit cites in the UC Davis case. The code was designed to define specific circumstances under which complaints against police can be released.\u003c/p>\n\u003cp>Another protection for police, the Public Safety Officers Procedural Bill of Rights Act, was passed in 1977. It says that no statement made by a public safety officer \"under duress, coercion or threat of punitive action shall be admissible in any subsequent civil proceeding.”\u003c/p>\n\u003cp>Bakhit said that is exactly what happened in the pepper-spray case. “These officers were compelled to speak to these 'quote' investigators,” he said, “and that in and of itself gives [the investigators] access to confidential information.”\u003c/p>\n\u003cp>The most recent legal battle over officer confidentiality was in 2006, when the California Supreme Court upheld police privacy laws. Copley Press, which published the San Diego Union Tribune, sued the county to gain access to an appeals hearing involving the termination of a sheriff’s deputy. The state Supreme Court rejected Copley’s demands.\u003c/p>\n\u003cp>Michael Risher, staff attorney with the ACLU, says the UC Davis report should be published in full, and that California courts have interpreted the police privacy laws too broadly.\u003c/p>\n\u003cp>“If California law really prohibits the university from making this information public, that's a big problem, and the law should be changed...This veil of secrecy that protects internal discipline proceedings does not prevent the government from releasing the names of police officers who are involved in interactions with the public.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Related:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.porac.org/POBOR.html\">Peace Officers’ Bill of Rights\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.readability.com/read?url=http%3A%2F%2Fcolorlines.com%2Farchives%2F2011%2F08%2Fdeadly_secrets_how_california_law_has_shielded_oakland_police_violence.html\">How California Law Shields Oakland Police Violence\u003c/a> (ColorLines)\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>",
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"description": "The American Foundation for Equal Rights, which is sponsoring the court challenge to Proposition 8, live-streamed Saturday night a Los Angeles reading of 8, Dustin Lance Black's play about the trial in which Judge Vaughn Walker ruled that California's same-sex marriage ban was unconstitutional. The play is made up largely of transcripts from the trial.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The American Foundation for Equal Rights, which is sponsoring the court challenge to Proposition 8, live-streamed Saturday night a Los Angeles reading of \u003cem>8\u003c/em>, Dustin Lance Black's play about the trial in which Judge Vaughn Walker ruled that California's same-sex marriage ban was unconstitutional. The play is made up largely of \u003ca href=\"http://www.afer.org/our-work/hearing-transcripts/page/2/\">transcripts from the trial\u003c/a>. \u003c/p>\n\u003cp>\u003cstrong>\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">Click here or on the image below to watch a video replay of the play\u003c/a>\u003c/strong>.\u003c/p>\n\u003cp>\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/8LA-live-2-300x155.jpg\" alt=\"\" title=\"prop 8 play live Pitt Clooney\" width=\"300\" height=\"155\" class=\"aligncenter size-medium wp-image-58365\">\u003c/a>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ca href=\"http://www.youtube.com/user/AmericanEqualRights/featured?v=qlUG8F9uVgM\">\u003cstrong>Watch video replay on YouTube\u003c/strong>\u003c/a>\u003c/div>\n\u003cp>\u003c/p>\n\u003cp>The all-star cast included:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Brad Pitt as Vaughn Walker\u003cbr>\nGeorge Clooney as plaintiffs' attorney David Boies\u003cbr>\nMartin Sheen as plaintiffs' attorney Theodore Olson\u003cbr>\nChristine Lahti and Jamie Lee Curtis as plaintiffs Kris Perry and Sandy Stier\u003c/p>\n\u003cp>Kevin Bacon, John C Reilly and Jane Lynch also had roles. \u003c/p>\n\u003cp>\u003ca href=\"http://act.afer.org/site/PageServer?pagename=8LALivestreamRSVP\">Full cast here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here's director \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=DcGbPqRqS8o\">Rob Reiner talking about the performance\u003c/a>. \"The Prop 8 proponents are still trying to hide what happened at the trial,\" Reiner says, perhaps referring to Prop 8 backers' \u003ca href=\"http://abclocal.go.com/kabc/story?section=news/state&id=8529684\">successful attempt at preventing the release of videotapes from the trial\u003c/a>. \"So we're going to do the exact opposite, we're gonna broadcast it to the entire world.\" \u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe width=\"480\" height=\"274\" src=\"http://www.youtube.com/embed/DcGbPqRqS8o\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\n\u003c/div>\u003c/p>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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},
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"title": "Rightnowish",
"tagline": "Art is where you find it",
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"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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