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"content": "\u003cp>“The way something becomes iconic, it’s emblazoned in the minds and the memories of the citizens. Whether it was on television news, whether it was photographs in an AP story, or, like me, I saw these same photos as I sat as a witness in front of the three-judge panel in the states’ overcrowding case…It symbolized a system that was so overcrowded it could not work effectively or efficiently.” \u003c/p>\n\u003cp>That was CDCR Secretary Matthew Cate today, speaking about the “\u003ca href=\"http://cdcrtoday.blogspot.com/2012/03/cdcr-announces-final-deactivation-of.html\">final deactivation of non-traditional beds\u003c/a>” — double and triple-decker bunks crammed into gyms and other areas not designed to house inmates. CDCR was so motivated to highlight the dismantling of the “bad beds,” as they’re commonly called, that it posted a \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=j9bYyeRTOVE\">video\u003c/a> of them being detached with a blowtorch and carted away…\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe loading=\"lazy\" width=\"500\" height=\"284\" src=\"http://www.youtube.com/embed/j9bYyeRTOVE\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>The department even posted a \u003ca href=\"http://www.flickr.com//photos/37381942@N04/sets/72157628539832333/show/\">slideshow filled with images of the infamously overcrowded prison dormitories\u003c/a>\u003c/p>\n\u003cp>The state’s inmate population has been reduced by more than 17,000 since last October, says KQED’s Michael Montgomery, which is allowing for the more traditional housing of inmates. The reduction has been achieved through the state’s realignment plan, which “keeps parole violaters and low-level offenders out of state lockups, placing them instead in county facilities,” says Montgomery.\u003c/p>\n\u003cp>Last May, the \u003ca href=\"http://ww2.kqed.org/news/2011/05/23/scott-shafer-explains-todays-major-supreme-court-ruling-on-california-prison-overcrowding/\">U.S. Supreme Court upheld a lower court’s ruling that California’s overcrowded prison conditions constituted cruel and unusual punishment\u003c/a>, and the court ordered the state to shed tens of thousands of inmates from the system. The court took the unusual step of including \u003ca href=\"http://ww2.kqed.org/news/2011/05/23/scott-shafer-explains-todays-major-supreme-court-ruling-on-california-prison-overcrowding/\">photos of overcrowded prison conditions\u003c/a> in its decision. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Between the court order and the legislative changes, we now think those non serious, non violence, non sex inmates that were churning through our system are now leaving the system,” Secretary Cate said today. “I think what we’ll see is a safer, less expensive, more effective prison system.”\u003c/p>\n\u003cp>Rebekah Evenson of the Prison Law Office, which provides legal representation for prisoners, says inmate overcrowding is still a major problem. “The prisons still house far too many prisoners to provide basic levels of medical and mental health care,” she told Michael Montgomery. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Mina Kim discusses the end of “bad beds” with Michael Montgomery on KQED Public Radio today at 5:30 p.m. \u003ca href=\"http://www.kqed.org/radio/listen/\">\u003cstrong>Listen live here\u003c/strong>\u003c/a> or to an \u003ca href=\"http://www.kqed.org/radio/programs/radionews/\">\u003cstrong>archive\u003c/strong>\u003c/a> later. \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>“The way something becomes iconic, it’s emblazoned in the minds and the memories of the citizens. Whether it was on television news, whether it was photographs in an AP story, or, like me, I saw these same photos as I sat as a witness in front of the three-judge panel in the states’ overcrowding case…It symbolized a system that was so overcrowded it could not work effectively or efficiently.” \u003c/p>\n\u003cp>That was CDCR Secretary Matthew Cate today, speaking about the “\u003ca href=\"http://cdcrtoday.blogspot.com/2012/03/cdcr-announces-final-deactivation-of.html\">final deactivation of non-traditional beds\u003c/a>” — double and triple-decker bunks crammed into gyms and other areas not designed to house inmates. CDCR was so motivated to highlight the dismantling of the “bad beds,” as they’re commonly called, that it posted a \u003ca href=\"http://www.youtube.com/watch?feature=player_embedded&v=j9bYyeRTOVE\">video\u003c/a> of them being detached with a blowtorch and carted away…\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003ciframe loading=\"lazy\" width=\"500\" height=\"284\" src=\"http://www.youtube.com/embed/j9bYyeRTOVE\" frameborder=\"0\">\u003c/iframe>\u003c/div>\n\u003cp>The department even posted a \u003ca href=\"http://www.flickr.com//photos/37381942@N04/sets/72157628539832333/show/\">slideshow filled with images of the infamously overcrowded prison dormitories\u003c/a>\u003c/p>\n\u003cp>The state’s inmate population has been reduced by more than 17,000 since last October, says KQED’s Michael Montgomery, which is allowing for the more traditional housing of inmates. The reduction has been achieved through the state’s realignment plan, which “keeps parole violaters and low-level offenders out of state lockups, placing them instead in county facilities,” says Montgomery.\u003c/p>\n\u003cp>Last May, the \u003ca href=\"http://ww2.kqed.org/news/2011/05/23/scott-shafer-explains-todays-major-supreme-court-ruling-on-california-prison-overcrowding/\">U.S. Supreme Court upheld a lower court’s ruling that California’s overcrowded prison conditions constituted cruel and unusual punishment\u003c/a>, and the court ordered the state to shed tens of thousands of inmates from the system. The court took the unusual step of including \u003ca href=\"http://ww2.kqed.org/news/2011/05/23/scott-shafer-explains-todays-major-supreme-court-ruling-on-california-prison-overcrowding/\">photos of overcrowded prison conditions\u003c/a> in its decision. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Supervisors to Vote on Limiting Relationship Between SFPD and FBI",
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"content": "\u003cfigure id=\"attachment_58300\" class=\"wp-caption alignleft\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/sfpdfbihearingSM.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/sfpdfbihearingSM.jpg\" alt=\"\" title=\"sfpdfbihearingSM\" width=\"320\" height=\"240\" class=\"size-full wp-image-58300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Witnesses at an SF Board of Supervisors hearing on an ordinance meant to limit the relationship between the SFPD and the FBI. (Aarti Shahani/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco Board of Supervisors will soon vote on an ordinance that restricts the police department's relationship with the FBI. On Thursday, the Public Safety Committee approved the Safe San Francisco Civil Rights ordinance. Introduced by Supervisor Jane Kim, it urges – but does not require – the police to amend or terminate their agreement with the FBI. The SFPD, however, says the ordinance is unnecessary, as officers who work with the joint task force \"remain in the chain of command and under the supervision of SFPD and must comply with Department policies at all times.\" (\u003ca href=\"http://ww2.kqed.org/news/2012/03/02/supervisors-to-vote-on-limiting-relationship-between-sfpd-and-fbi/#statement\">Read the full statement below\u003c/a>.)\u003c/p>\n\u003cp>The legislation comes after supervisors learned a few months ago that, under an agreement with the FBI's Joint Terrorism Task Force, San Francisco police officers have interviewed people about their religious practices and political speech -- without reasonable suspicion of any crime.\u003c/p>\n\u003cp>At the hearing yesterday, John Crew of the ACLU charged that the partnership between the SFPD and FBI is a departure from standard criminal practice, and unacceptable. He said, “nobody in San Francisco or California decided to throw away our standards and take our local police officers and turn them into national security agents.”\u003c/p>\n\u003cp>Nasrina Bargzie, a lawyer with the Asian Law Caucus, said that in 2001, after she told friends she opposed the war in her native Afghanistan, officers contacted her and arranged an interview at a Concord Starbucks. Holding back tears, she testified, “this ordinance matters because based on the standards that applied to the FBI today, anybody could be subjected to the treatment I was.\"\u003c/p>\n\u003cp>The ordinance is slated for a reading and Board vote on March 13th.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"statement\">\u003c/a>Here is the statement from San Francisco Police Chief Greg Suhr's office:\u003c/p>\n\u003cblockquote>\n\u003cp>Chief Suhr, immediately and within 30 days of taking office, took steps to ensure that all San Francisco police officers adhere to local standards. The Chief issued a binding Bureau Order (#2011-07) setting forth the requirements that officers comply with local standards and adhere to General Order 8.10. \u003c/p>\n\u003cp>SFPD Personnel are bound by the provisions of that order which states, \"....SFPD officers who work with the JTTF remain in the chain of command and under the supervision of SFPD and must comply with Department policies at all times.\"\u003c/p>\n\u003cp>Furthermore, \"In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes.\"\u003c/p>\n\u003cp>The Department has been and continues to work with those interested organizations and parties to address their concerns. The San Francisco Police Department will continue its policy of openness and transparency.\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_58300\" class=\"wp-caption alignleft\" style=\"max-width: 320px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/sfpdfbihearingSM.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/sfpdfbihearingSM.jpg\" alt=\"\" title=\"sfpdfbihearingSM\" width=\"320\" height=\"240\" class=\"size-full wp-image-58300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Witnesses at an SF Board of Supervisors hearing on an ordinance meant to limit the relationship between the SFPD and the FBI. (Aarti Shahani/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>The San Francisco Board of Supervisors will soon vote on an ordinance that restricts the police department's relationship with the FBI. On Thursday, the Public Safety Committee approved the Safe San Francisco Civil Rights ordinance. Introduced by Supervisor Jane Kim, it urges – but does not require – the police to amend or terminate their agreement with the FBI. The SFPD, however, says the ordinance is unnecessary, as officers who work with the joint task force \"remain in the chain of command and under the supervision of SFPD and must comply with Department policies at all times.\" (\u003ca href=\"http://ww2.kqed.org/news/2012/03/02/supervisors-to-vote-on-limiting-relationship-between-sfpd-and-fbi/#statement\">Read the full statement below\u003c/a>.)\u003c/p>\n\u003cp>The legislation comes after supervisors learned a few months ago that, under an agreement with the FBI's Joint Terrorism Task Force, San Francisco police officers have interviewed people about their religious practices and political speech -- without reasonable suspicion of any crime.\u003c/p>\n\u003cp>At the hearing yesterday, John Crew of the ACLU charged that the partnership between the SFPD and FBI is a departure from standard criminal practice, and unacceptable. He said, “nobody in San Francisco or California decided to throw away our standards and take our local police officers and turn them into national security agents.”\u003c/p>\n\u003cp>Nasrina Bargzie, a lawyer with the Asian Law Caucus, said that in 2001, after she told friends she opposed the war in her native Afghanistan, officers contacted her and arranged an interview at a Concord Starbucks. Holding back tears, she testified, “this ordinance matters because based on the standards that applied to the FBI today, anybody could be subjected to the treatment I was.\"\u003c/p>\n\u003cp>The ordinance is slated for a reading and Board vote on March 13th.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "calif-high-court-to-review-pharmaceutical-cos-paying-to-kill-generics",
"title": "Calif High Court to Review Pharmaceutical Companies Paying to Kill Generics",
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"content": "\u003cp>\u003cstrong>By Bernice Yeung, \u003ca href=\"http://californiawatch.org/dailyreport/state-court-examine-pay-delay-deals-drugmakers-15133\">California Watch\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>California is the first state to examine whether pharmaceutical companies can pay competitors to \u003cem>not\u003c/em> make or sell cheaper generic versions of their prescription drugs.\u003c/p>\n\u003cfigure id=\"attachment_58256\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://www.flickr.com/photos/grumpy-puddin/5161819684/sizes/m/in/photostream/\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/pillsGrumpy-PUddinFlickr-300x199.jpg\" alt=\"\" title=\"pillsGrumpy-PUddinFlickr\" width=\"300\" height=\"199\" class=\"size-medium wp-image-58256\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Grumpy-Pudding/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>The California Supreme Court last month \u003ca href=\"http://www.scribd.com/doc/83404641/CIPROGrant\" target=\"_blank\" rel=\"noopener\">agreed to review\u003c/a> a 10-year-old class-action lawsuit involving the antibiotic Cipro (\u003ca href=\"http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000878/\" target=\"_blank\" rel=\"noopener\">ciprofloxacin\u003c/a>), which originally was manufactured by drugmaker Bayer. The suit argues that it was illegal for Bayer to pay a competitor to stay out of the market as part of a settlement in a legal dispute over the Cipro patent.\u003c/p>\n\u003cp>The deal forced hundreds of thousands of Californians to collectively overpay millions of dollars for the drug, the lawsuit claimed.\u003c/p>\n\u003cp>“Without generic competition, drug prices are enormously high,” said Joseph Saveri, an attorney with Lieff Cabraser Heimann & Bernstein, who is representing California consumers in the case. “These agreements are instrumental in keeping them enormously high.” \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The class-action case stems from a 1996 settlement of a patent dispute over Cipro between Bayer and Barr Laboratories, which was planning to sell a generic version of the antibiotic. After five years of litigation – and in light of projections that Bayer could lose about $1 billion in profits over several years if a generic were to step into the market – the companies settled the case.\u003c/p>\n\u003cp>The terms of the agreement involved Bayer paying Barr nearly $400 million to delay making or selling the generic until after the expiration of the patent in December 2003. Between 1997 and the end of 2003, Bayer raised the price of Cipro by 16 percent and made a profit of about $5 billion, according to court documents.\u003c/p>\n\u003cp>This practice of paying pharmaceutical competitors to delay entry into the market is not unusual. In fiscal year 2011, 28 of these so-called \u003ca href=\"http://www.ftc.gov/opa/2011/10/mma.shtm\" target=\"_blank\" rel=\"noopener\">“pay-for-delay” arrangements\u003c/a> were inked. They involved 25 drugs that had combined annual U.S. sales of more than $9 billion.\u003c/p>\n\u003cp>These types of settlements have been criticized by government agencies ranging from the \u003ca href=\"http://www.ftc.gov/os/testimony/100727antitrustoversight.pdf\" target=\"_blank\" rel=\"noopener\">Federal Trade Commission [PDF]\u003c/a> to the \u003ca href=\"http://www.justice.gov/atr/cases/f247700/247708.htm\" target=\"_blank\" rel=\"noopener\">U.S. Department of Justice\u003c/a> and \u003ca href=\"http://oag.ca.gov/news/press_release?id=2022\" target=\"_blank\" rel=\"noopener\">California attorney general’s office\u003c/a>. The FTC estimates that as a result of these pay-for-delay deals, American consumers pay an additional $3.5 billion for prescription drugs each year.\u003c/p>\n\u003cp>Drugmakers have largely prevailed when these arrangements are challenged in federal courts. Over the course of defending against the class-action case in California courts in the past decade, Bayer has won in both the trial and appeals courts with judges relying on federal case law. Bayer said the rulings illustrate the legality of these settlements.\u003c/p>\n\u003cp>“Bayer believes that the decisions of the trial and appellate courts are correct and will vigorously defend those decisions before the Supreme Court of California,” Bayer spokeswoman Marcy Funk wrote in an e-mail.\u003c/p>\n\u003cp>Drugmakers Hoechst Marion Roussel, The Rugby Group and Watson Pharmaceuticals, which subsequently purchased The Rugby Group, also are named in the lawsuit because they supposedly received a portion of the Bayer payments to Barr. They did not return requests for comment through their attorneys.\u003c/p>\n\u003cp>In making the recent argument for California Supreme Court review, attorneys representing the state’s consumers argued that while some federal courts may find these payment settlements permissible, they’re ultimately illegal under California antitrust law.\u003c/p>\n\u003cp>“California law does \u003cem>not\u003c/em> authorize or condone settlements that violate public policy, particularly a settlement where competitors are paid off to prevent competition,” stated \u003ca href=\"http://www.scribd.com/doc/83404594/Cipro-petition-for-CA-Supe-Ct-Review\" target=\"_blank\" rel=\"noopener\">documents\u003c/a> filed by attorneys for consumers.\u003c/p>\n\u003cp>Legal experts said the Cipro case is an example of the ways that federal and state antitrust legal case law and trends have diverged.\u003c/p>\n\u003cp>Federal antitrust law “moves around with trends in politics, economic theory,” said University of San Francisco law professor Jesse W. Markham Jr. while state antitrust statutes like California’s Cartwright Act have tended to take a broader view of what is considered an illegal, monopolistic practice.\u003c/p>\n\u003cp>“We live under a federal judiciary that has widely adopted a laissez-faire economic theory, so the federal antitrust laws that we have now are the most feeble that we’ve ever had,” Markham said.\u003c/p>\n\u003cp>Given this general split between state and federal courts on antitrust law, the Cipro case is “potentially very significant,” Mark A. Lemley, a law professor at Stanford University, wrote in an e-mail.\u003c/p>\n\u003cp>“If reverse payments are declared illegal in California, it may affect the behavior of pharmaceutical companies nationwide, because they will face liability in California if they continue to enter into such agreements,” wrote Lemley, who wrote an \u003ca href=\"http://www.scribd.com/doc/83404664/Amicus-Cipro\" target=\"_blank\" rel=\"noopener\">amicus brief\u003c/a> on behalf of 78 law professors arguing that the settlements are illegal.\u003c/p>\n\u003cp>A ruling in this case could come as early as this fall, and regardless of the outcome, the financial effects won’t be nominal. According to a January Government Accountability Office \u003ca href=\"http://www.gao.gov/products/GAO-12-371R\" target=\"_blank\" rel=\"noopener\">report\u003c/a>, Americans spent $307 billion on prescription drugs in 2010, which accounted for about 12 percent of all health care spending. The study also noted that substituting generic drugs for brand-name versions between 1999 and 2010 saved consumers more than $1 trillion.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem> Bernice Yeung is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"title": "Calif High Court to Review Pharmaceutical Companies Paying to Kill Generics | KQED",
"description": "By Bernice Yeung, California Watch California is the first state to examine whether pharmaceutical companies can pay competitors to not make or sell cheaper generic versions of their prescription drugs. The California Supreme Court last month agreed to review a 10-year-old class-action lawsuit involving the antibiotic Cipro (ciprofloxacin), which originally was manufactured by drugmaker Bayer. The suit argues that it was illegal for Bayer to pay a competitor to stay out of the market as part of a settlement in a legal dispute over the Cipro patent. The deal forced hundreds of thousands of Californians to collectively overpay millions of dollars for",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Bernice Yeung, \u003ca href=\"http://californiawatch.org/dailyreport/state-court-examine-pay-delay-deals-drugmakers-15133\">California Watch\u003c/a>\u003c/strong>\u003c/p>\n\u003cp>California is the first state to examine whether pharmaceutical companies can pay competitors to \u003cem>not\u003c/em> make or sell cheaper generic versions of their prescription drugs.\u003c/p>\n\u003cfigure id=\"attachment_58256\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://www.flickr.com/photos/grumpy-puddin/5161819684/sizes/m/in/photostream/\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/pillsGrumpy-PUddinFlickr-300x199.jpg\" alt=\"\" title=\"pillsGrumpy-PUddinFlickr\" width=\"300\" height=\"199\" class=\"size-medium wp-image-58256\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Grumpy-Pudding/Flickr\u003c/figcaption>\u003c/figure>\n\u003cp>The California Supreme Court last month \u003ca href=\"http://www.scribd.com/doc/83404641/CIPROGrant\" target=\"_blank\" rel=\"noopener\">agreed to review\u003c/a> a 10-year-old class-action lawsuit involving the antibiotic Cipro (\u003ca href=\"http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000878/\" target=\"_blank\" rel=\"noopener\">ciprofloxacin\u003c/a>), which originally was manufactured by drugmaker Bayer. The suit argues that it was illegal for Bayer to pay a competitor to stay out of the market as part of a settlement in a legal dispute over the Cipro patent.\u003c/p>\n\u003cp>The deal forced hundreds of thousands of Californians to collectively overpay millions of dollars for the drug, the lawsuit claimed.\u003c/p>\n\u003cp>“Without generic competition, drug prices are enormously high,” said Joseph Saveri, an attorney with Lieff Cabraser Heimann & Bernstein, who is representing California consumers in the case. “These agreements are instrumental in keeping them enormously high.” \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The class-action case stems from a 1996 settlement of a patent dispute over Cipro between Bayer and Barr Laboratories, which was planning to sell a generic version of the antibiotic. After five years of litigation – and in light of projections that Bayer could lose about $1 billion in profits over several years if a generic were to step into the market – the companies settled the case.\u003c/p>\n\u003cp>The terms of the agreement involved Bayer paying Barr nearly $400 million to delay making or selling the generic until after the expiration of the patent in December 2003. Between 1997 and the end of 2003, Bayer raised the price of Cipro by 16 percent and made a profit of about $5 billion, according to court documents.\u003c/p>\n\u003cp>This practice of paying pharmaceutical competitors to delay entry into the market is not unusual. In fiscal year 2011, 28 of these so-called \u003ca href=\"http://www.ftc.gov/opa/2011/10/mma.shtm\" target=\"_blank\" rel=\"noopener\">“pay-for-delay” arrangements\u003c/a> were inked. They involved 25 drugs that had combined annual U.S. sales of more than $9 billion.\u003c/p>\n\u003cp>These types of settlements have been criticized by government agencies ranging from the \u003ca href=\"http://www.ftc.gov/os/testimony/100727antitrustoversight.pdf\" target=\"_blank\" rel=\"noopener\">Federal Trade Commission [PDF]\u003c/a> to the \u003ca href=\"http://www.justice.gov/atr/cases/f247700/247708.htm\" target=\"_blank\" rel=\"noopener\">U.S. Department of Justice\u003c/a> and \u003ca href=\"http://oag.ca.gov/news/press_release?id=2022\" target=\"_blank\" rel=\"noopener\">California attorney general’s office\u003c/a>. The FTC estimates that as a result of these pay-for-delay deals, American consumers pay an additional $3.5 billion for prescription drugs each year.\u003c/p>\n\u003cp>Drugmakers have largely prevailed when these arrangements are challenged in federal courts. Over the course of defending against the class-action case in California courts in the past decade, Bayer has won in both the trial and appeals courts with judges relying on federal case law. Bayer said the rulings illustrate the legality of these settlements.\u003c/p>\n\u003cp>“Bayer believes that the decisions of the trial and appellate courts are correct and will vigorously defend those decisions before the Supreme Court of California,” Bayer spokeswoman Marcy Funk wrote in an e-mail.\u003c/p>\n\u003cp>Drugmakers Hoechst Marion Roussel, The Rugby Group and Watson Pharmaceuticals, which subsequently purchased The Rugby Group, also are named in the lawsuit because they supposedly received a portion of the Bayer payments to Barr. They did not return requests for comment through their attorneys.\u003c/p>\n\u003cp>In making the recent argument for California Supreme Court review, attorneys representing the state’s consumers argued that while some federal courts may find these payment settlements permissible, they’re ultimately illegal under California antitrust law.\u003c/p>\n\u003cp>“California law does \u003cem>not\u003c/em> authorize or condone settlements that violate public policy, particularly a settlement where competitors are paid off to prevent competition,” stated \u003ca href=\"http://www.scribd.com/doc/83404594/Cipro-petition-for-CA-Supe-Ct-Review\" target=\"_blank\" rel=\"noopener\">documents\u003c/a> filed by attorneys for consumers.\u003c/p>\n\u003cp>Legal experts said the Cipro case is an example of the ways that federal and state antitrust legal case law and trends have diverged.\u003c/p>\n\u003cp>Federal antitrust law “moves around with trends in politics, economic theory,” said University of San Francisco law professor Jesse W. Markham Jr. while state antitrust statutes like California’s Cartwright Act have tended to take a broader view of what is considered an illegal, monopolistic practice.\u003c/p>\n\u003cp>“We live under a federal judiciary that has widely adopted a laissez-faire economic theory, so the federal antitrust laws that we have now are the most feeble that we’ve ever had,” Markham said.\u003c/p>\n\u003cp>Given this general split between state and federal courts on antitrust law, the Cipro case is “potentially very significant,” Mark A. Lemley, a law professor at Stanford University, wrote in an e-mail.\u003c/p>\n\u003cp>“If reverse payments are declared illegal in California, it may affect the behavior of pharmaceutical companies nationwide, because they will face liability in California if they continue to enter into such agreements,” wrote Lemley, who wrote an \u003ca href=\"http://www.scribd.com/doc/83404664/Amicus-Cipro\" target=\"_blank\" rel=\"noopener\">amicus brief\u003c/a> on behalf of 78 law professors arguing that the settlements are illegal.\u003c/p>\n\u003cp>A ruling in this case could come as early as this fall, and regardless of the outcome, the financial effects won’t be nominal. According to a January Government Accountability Office \u003ca href=\"http://www.gao.gov/products/GAO-12-371R\" target=\"_blank\" rel=\"noopener\">report\u003c/a>, Americans spent $307 billion on prescription drugs in 2010, which accounted for about 12 percent of all health care spending. The study also noted that substituting generic drugs for brand-name versions between 1999 and 2010 saved consumers more than $1 trillion.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem> Bernice Yeung is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Emails From Oakland Employees Show Attitude on Occupy Went From Acceptance to Alarm",
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"headTitle": "Emails From Oakland Employees Show Attitude on Occupy Went From Acceptance to Alarm | KQED",
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"content": "\u003cfigure id=\"attachment_58194\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakalndmichellegachetoct28.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakalndmichellegachetoct28-300x199.jpg\" alt=\"\" title=\"occupyoakalndmichellegachetoct28\" width=\"250\" height=\"165\" class=\"size-medium wp-image-58194\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The former encampment at Frank Ogawa Plaza (Michelle Gachet, KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Journalist Thomas Peele and database producer Daniel Willis from the Bay Area News Group have been posting dozens of emails about Occupy Oakland, culled from a \u003ca href=\"http://www.mercurynews.com/documents/ci_20040081\">\u003cstrong>set of 1,200\u003c/strong>\u003c/a> sent by Oakland city officials during the period when the Occupy encampment took root at Frank Ogawa Plaza, up to the first police raid on Oct 25. The emails were obtained under the Public Records Act.\u003c/p>\n\u003cp>As Peele writes, the emails were sent by “the people assigned to decide how to deal with protesters and shape the city’s image under an increasingly glaring spotlight.”\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/occupy/ci_20030387\">\u003cstrong>Occupy Oakland according to city officials Part 1\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.contracostatimes.com/ci_20040091\">\u003cstrong>Occupy Oakland according to city officials Part 2\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/occupy/ci_20040092\">\u003cstrong>Occupy Oakland according to city officials Part 3\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/documents/ci_20040081\">\u003cstrong>Full set of 1,200 emails\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Here are nine extracts from the emails, in chronological order, which show the evolution from support to alarm in the city’s attitude about the encampment.\u003c/p>\n\u003cp>\u003cem>Oct 11, 2011\u003c/em>\u003c/p>\n\u003cp>“The [protest] activity is protected and to the best of my knowledge we have not had incidents. I stopped by on the way out last night and we have many friends in the crowd.”\u003cbr>\n–Former Deputy Mayor Sharon Cornu\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>Oct 17, 2011\u003c/em>\u003c/p>\n\u003cp>“This is a very dangerous situation and one that exposes the City to liability if another person needs our assistance and we cannot provide it. This will only get worse as they feel more empowered to challenge authority. I recommend that discussions begin to remove the campers from the plaza.”\u003cbr>\n–Jeffrey Israel, Former Deputy Police Chief\u003c/p>\n\u003cp>\u003cem>Oct 18, 2011\u003c/em>\u003c/p>\n\u003cp>“Demonstrators were initially cooperative, but the City has been growing increasingly concerned about public health, safety and crowd control issues. We appreciate that you and others have brought those concerns to our attention, and we are informing the demonstrators of our requirement to address those concerns as a condition of our peaceful coexistence.\u003c/p>\n\u003cp>Attached is the latest flyer being delivered to demonstrators this morning. We have also set up a section on our homepage where these instructions will be posted so that as participants join the demonstration they will have a place to reference the rules.”\u003cbr>\n–Karen Boyd, Oakland Communications Director\u003c/p>\n\u003cp>\u003cem>Oct 18, 2011\u003c/em>\u003c/p>\n\u003cp>“The flyer did not go over well. They consider any OPD attempt to escort marchers an escalation. They indicated they have burned all notices and intend not to ever comply because the city has not asked for compliance but attempted to direct the occupation. ‘Any attempt to favilitate the march will be considered an escalation and lead to riots'”\u003cbr>\n–Arturo Sanchez, Assistant to the City Administrator\u003c/p>\n\u003cp>\u003cem>Oct 19, 2011\u003c/em>\u003c/p>\n\u003cp>“I think the time has come to end the encampment on the Plaza. Your memos to the campers illustrate the range of public health and safety issues that have been occurring. I think the encampment served its purpose in drawing attention to national issues that many of us are also concerned about, but I don’t think that maintaining this tent city in downtown Oakland is likely to have futher impact on Wall Street. Instead, it has become a serious blight in the middle of our downtown and is negatively impacting surrounding businesses and the legitimate activities of other Oaklanders. Perhaps most importantly, it is costing the City considerable money to manage.”\u003cbr>\n–Pat Kernighan, Oakland City Councilmember\u003c/p>\n\u003cp>\u003cem>Oct 23, 2011\u003c/em>\u003c/p>\n\u003cp>“Looks like the Occupy Oakland movement has impacted a business. I can’t click thru to read article as IndyBay.org has been blocked by IT.”\u003cbr>\n–Harry Hamilton, Community and Economic Development Agency\u003c/p>\n\u003cp>\u003cem>Oct 24, 2011\u003c/em>\u003c/p>\n\u003cp>“I saw mention of subscribing to Occupy Oakland texts in this Digital Journal article. I’m wondering if OPD intell has signed up?\u003cbr>\n–Harry Hamilton, Community and Economic Development Agency\u003c/p>\n\u003cp>\u003cem>Oct 25, 2011\u003c/em>\u003c/p>\n\u003cp>“Dear City Council President Reid and Members of the City Council,\u003c/p>\n\u003cp>This morning at 4 am, the Oakland Police Department will enforce the “Notice of Violations and Demand to Cease Violations” issued on Friday, October 24 to persons staying overnight in Frank Ogawa Plaza and Snow Park related to the Occupy Oakland demonstration…\u003c/p>\n\u003cp>[T]he City can no longer assure adequate public health and safety at the Plaza. The Administration and OPD have planned this operation in a manner that is mindful of the various marches and scheduled events that have taken place on the Plaza and downtown over the past two weeks as well as seeking to minimize disruption to the daytime population in downtown Oakland, including City employees, businesses and merchants…\u003c/p>\n\u003cp>The City remains committed to respecting free speech as well as maintaining the City’s responsibility to protect public health and safety. Peaceful daytime assembly will continue to be allowed between 6 am and 10 pm daily, but no camping or overnight stays will be permitted.”\u003cbr>\n–Deanna Santana, City Administrator\u003c/p>\n\u003cp>\u003cem>Oct 25, 2011\u003c/em>\u003c/p>\n\u003cp>Subject: Phone call feedback\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“The folks calling are not happy about the take down of camp, most from out of the area. But their calls are based on inaccurate information and really based on twitter feeds where occupy Oakland made a lot of false claims.”\u003cbr>\n–Arturo Sanchez, Assistant to the City Administrator\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_58194\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakalndmichellegachetoct28.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/03/occupyoakalndmichellegachetoct28-300x199.jpg\" alt=\"\" title=\"occupyoakalndmichellegachetoct28\" width=\"250\" height=\"165\" class=\"size-medium wp-image-58194\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The former encampment at Frank Ogawa Plaza (Michelle Gachet, KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Journalist Thomas Peele and database producer Daniel Willis from the Bay Area News Group have been posting dozens of emails about Occupy Oakland, culled from a \u003ca href=\"http://www.mercurynews.com/documents/ci_20040081\">\u003cstrong>set of 1,200\u003c/strong>\u003c/a> sent by Oakland city officials during the period when the Occupy encampment took root at Frank Ogawa Plaza, up to the first police raid on Oct 25. The emails were obtained under the Public Records Act.\u003c/p>\n\u003cp>As Peele writes, the emails were sent by “the people assigned to decide how to deal with protesters and shape the city’s image under an increasingly glaring spotlight.”\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/occupy/ci_20030387\">\u003cstrong>Occupy Oakland according to city officials Part 1\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.contracostatimes.com/ci_20040091\">\u003cstrong>Occupy Oakland according to city officials Part 2\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.insidebayarea.com/occupy/ci_20040092\">\u003cstrong>Occupy Oakland according to city officials Part 3\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"http://www.mercurynews.com/documents/ci_20040081\">\u003cstrong>Full set of 1,200 emails\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>Here are nine extracts from the emails, in chronological order, which show the evolution from support to alarm in the city’s attitude about the encampment.\u003c/p>\n\u003cp>\u003cem>Oct 11, 2011\u003c/em>\u003c/p>\n\u003cp>“The [protest] activity is protected and to the best of my knowledge we have not had incidents. I stopped by on the way out last night and we have many friends in the crowd.”\u003cbr>\n–Former Deputy Mayor Sharon Cornu\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Oct 17, 2011\u003c/em>\u003c/p>\n\u003cp>“This is a very dangerous situation and one that exposes the City to liability if another person needs our assistance and we cannot provide it. This will only get worse as they feel more empowered to challenge authority. I recommend that discussions begin to remove the campers from the plaza.”\u003cbr>\n–Jeffrey Israel, Former Deputy Police Chief\u003c/p>\n\u003cp>\u003cem>Oct 18, 2011\u003c/em>\u003c/p>\n\u003cp>“Demonstrators were initially cooperative, but the City has been growing increasingly concerned about public health, safety and crowd control issues. We appreciate that you and others have brought those concerns to our attention, and we are informing the demonstrators of our requirement to address those concerns as a condition of our peaceful coexistence.\u003c/p>\n\u003cp>Attached is the latest flyer being delivered to demonstrators this morning. We have also set up a section on our homepage where these instructions will be posted so that as participants join the demonstration they will have a place to reference the rules.”\u003cbr>\n–Karen Boyd, Oakland Communications Director\u003c/p>\n\u003cp>\u003cem>Oct 18, 2011\u003c/em>\u003c/p>\n\u003cp>“The flyer did not go over well. They consider any OPD attempt to escort marchers an escalation. They indicated they have burned all notices and intend not to ever comply because the city has not asked for compliance but attempted to direct the occupation. ‘Any attempt to favilitate the march will be considered an escalation and lead to riots'”\u003cbr>\n–Arturo Sanchez, Assistant to the City Administrator\u003c/p>\n\u003cp>\u003cem>Oct 19, 2011\u003c/em>\u003c/p>\n\u003cp>“I think the time has come to end the encampment on the Plaza. Your memos to the campers illustrate the range of public health and safety issues that have been occurring. I think the encampment served its purpose in drawing attention to national issues that many of us are also concerned about, but I don’t think that maintaining this tent city in downtown Oakland is likely to have futher impact on Wall Street. Instead, it has become a serious blight in the middle of our downtown and is negatively impacting surrounding businesses and the legitimate activities of other Oaklanders. Perhaps most importantly, it is costing the City considerable money to manage.”\u003cbr>\n–Pat Kernighan, Oakland City Councilmember\u003c/p>\n\u003cp>\u003cem>Oct 23, 2011\u003c/em>\u003c/p>\n\u003cp>“Looks like the Occupy Oakland movement has impacted a business. I can’t click thru to read article as IndyBay.org has been blocked by IT.”\u003cbr>\n–Harry Hamilton, Community and Economic Development Agency\u003c/p>\n\u003cp>\u003cem>Oct 24, 2011\u003c/em>\u003c/p>\n\u003cp>“I saw mention of subscribing to Occupy Oakland texts in this Digital Journal article. I’m wondering if OPD intell has signed up?\u003cbr>\n–Harry Hamilton, Community and Economic Development Agency\u003c/p>\n\u003cp>\u003cem>Oct 25, 2011\u003c/em>\u003c/p>\n\u003cp>“Dear City Council President Reid and Members of the City Council,\u003c/p>\n\u003cp>This morning at 4 am, the Oakland Police Department will enforce the “Notice of Violations and Demand to Cease Violations” issued on Friday, October 24 to persons staying overnight in Frank Ogawa Plaza and Snow Park related to the Occupy Oakland demonstration…\u003c/p>\n\u003cp>[T]he City can no longer assure adequate public health and safety at the Plaza. The Administration and OPD have planned this operation in a manner that is mindful of the various marches and scheduled events that have taken place on the Plaza and downtown over the past two weeks as well as seeking to minimize disruption to the daytime population in downtown Oakland, including City employees, businesses and merchants…\u003c/p>\n\u003cp>The City remains committed to respecting free speech as well as maintaining the City’s responsibility to protect public health and safety. Peaceful daytime assembly will continue to be allowed between 6 am and 10 pm daily, but no camping or overnight stays will be permitted.”\u003cbr>\n–Deanna Santana, City Administrator\u003c/p>\n\u003cp>\u003cem>Oct 25, 2011\u003c/em>\u003c/p>\n\u003cp>Subject: Phone call feedback\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“The folks calling are not happy about the take down of camp, most from out of the area. But their calls are based on inaccurate information and really based on twitter feeds where occupy Oakland made a lot of false claims.”\u003cbr>\n–Arturo Sanchez, Assistant to the City Administrator\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Laird Harrison is at the Ross Mirkarimi trial today and reports the following: \u003c/p>\n\u003cp>Judge Garrett Wong dismissed a motion by the lawyer for Ross Mirkarimi's wife, Eliana Lopez, to bar video of her on the night of his alleged attack as evidence in the trial. The video shows a bruise on Lopez's arm, which prosecutors say she suffered in a fight with her husband on New Year's Eve. \u003c/p>\n\u003cfigure id=\"attachment_58029\" class=\"wp-caption alignleft\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"250\" height=\"187\" class=\"size-medium wp-image-58029\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi has been charged on one misdemeanor count each of domestic violence battery, child endangerment, and dissuading a witness from testifying.\u003c/p>\n\u003cp>Lopez's attorney, Paula Canny, argued that the video, recorded by Lopez's neighbor Ivory Madison on the night of the incident, falls under attorney-client privilege, since Lopez thought Madison was an attorney. In Lopez's birthplace of Venezuela, Canny said, lawyers can practice upon graduation from law school. Madison never passed the California bar. \u003c/p>\n\u003cp>But Judge Garrett Wong struck the motion down on the grounds that Lopez does not have standing in the case since she is not the defendant, and due to lack of evidence that Lopez thought Madison was an attorney. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lopez's attorney also filed a motion to sanction the prosecution over releasing \u003ca href=\"http://abclocal.go.com/kgo/gallery?section=news/local/san_francisco&id=8557339&photo=1\">photos\u003c/a> taken from the video of Lopez's bruise, images that wound up being disseminated by the media. The release of the photos was an attempt to intimidate and coerce Eliana Lopez into testifying, Canny asserted. The judge again ruled she had no standing to make that argument. \u003c/p>\n\u003cp>Judge Wong had previously struck down a request by Ross Mirkarimi to have the video excluded on the grounds that it's hearsay. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jury selection begins this afternoon. There will be a very large pool of over 100 potential jurors. \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Laird Harrison is at the Ross Mirkarimi trial today and reports the following: \u003c/p>\n\u003cp>Judge Garrett Wong dismissed a motion by the lawyer for Ross Mirkarimi's wife, Eliana Lopez, to bar video of her on the night of his alleged attack as evidence in the trial. The video shows a bruise on Lopez's arm, which prosecutors say she suffered in a fight with her husband on New Year's Eve. \u003c/p>\n\u003cfigure id=\"attachment_58029\" class=\"wp-caption alignleft\" style=\"max-width: 250px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/elianalopez-300x225.jpg\" alt=\"\" title=\"elianalopez\" width=\"250\" height=\"187\" class=\"size-medium wp-image-58029\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Eliana Lopez in court, Jan 26 (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Mirkarimi has been charged on one misdemeanor count each of domestic violence battery, child endangerment, and dissuading a witness from testifying.\u003c/p>\n\u003cp>Lopez's attorney, Paula Canny, argued that the video, recorded by Lopez's neighbor Ivory Madison on the night of the incident, falls under attorney-client privilege, since Lopez thought Madison was an attorney. In Lopez's birthplace of Venezuela, Canny said, lawyers can practice upon graduation from law school. Madison never passed the California bar. \u003c/p>\n\u003cp>But Judge Garrett Wong struck the motion down on the grounds that Lopez does not have standing in the case since she is not the defendant, and due to lack of evidence that Lopez thought Madison was an attorney. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lopez's attorney also filed a motion to sanction the prosecution over releasing \u003ca href=\"http://abclocal.go.com/kgo/gallery?section=news/local/san_francisco&id=8557339&photo=1\">photos\u003c/a> taken from the video of Lopez's bruise, images that wound up being disseminated by the media. The release of the photos was an attempt to intimidate and coerce Eliana Lopez into testifying, Canny asserted. The judge again ruled she had no standing to make that argument. \u003c/p>\n\u003cp>Judge Wong had previously struck down a request by Ross Mirkarimi to have the video excluded on the grounds that it's hearsay. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jury selection begins this afternoon. There will be a very large pool of over 100 potential jurors. \u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A videotape that prosecutors say is related to the domestic abuse charges against Sheriff Ross Mirkarimi will be admitted into evidence. Mirkarimi's lawyer had filed a motion asking to \u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/22/BA281NB8H4.DTL\">exclude the tape\u003c/a> on Wednesday, which shows the Sheriff's wife, Illiana Lopez, displaying a bruise on her arm and describing the incident.\u003c/p>\n\u003cp>\"We've been saying all along that this is admissible evidence, and evidence that is critical to the case,\" said San Francisco District Attorney George Gascón at a separate press conference.\u003c/p>\n\u003cp>Judge Garrett Wong also said he wants to meet with another possible witness, Christina Flores, who alleges she was abused by Mirkarimi four years ago, before deciding if she can testify.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>In the first week or so of February, police and media reports said seven people had been killed and 21 wounded in a rash of shootings, prompting me to try to keep a running count using media and police reports.\u003c/p>\n\u003cp>A quick key: *Green* placemarks denote homicides. *Red* placemarks denote attacks on people. Where possible, I've used published media synopses of those shootings; when those aren't readily available, I've used Oakland Police Department spreadsheet data that does not contain information on casualties associated with shooting incidents. *Yellow* placemarks denote reports of shooting into inhabited or uninhabited homes and vehicles or negligent discharge of firearms. One purple marker denotes the site of a police shooting. One blue marker denotes an arrest after a shooting incident. \u003c/p>\n\u003cp> \u003ca href=\"http://maps.google.com/maps/ms?msid=214482319292510809356.0004b8437a4b7d5c014ac&msa=0&ie=UTF8&t=m&ll=37.789446,-122.228493&spn=0.120128,0.138783&source=embed\">Click on the map\u003c/a> to see details of the shootings in the left column. \u003c/p>\n\u003cp>\u003ciframe width=\"425\" height=\"350\" frameborder=\"0\" scrolling=\"no\" marginheight=\"0\" marginwidth=\"0\" src=\"http://maps.google.com/maps/ms?msid=214482319292510809356.0004b8437a4b7d5c014ac&msa=0&ie=UTF8&t=m&ll=37.789446,-122.228493&spn=0.120128,0.138783&output=embed\">\u003c/iframe>\u003cbr>View \u003ca href=\"http://maps.google.com/maps/ms?msid=214482319292510809356.0004b8437a4b7d5c014ac&msa=0&ie=UTF8&t=m&ll=37.789446,-122.228493&spn=0.120128,0.138783&source=embed\">A Month of Oakland Violence\u003c/a> in a larger map\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Related\u003c/em>:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"http://ww2.kqed.org/news/2011/03/30/oakland-homicide-map/\">Oakland Homicide Map Shows Names, Faces of the Dead\u003c/a> (News Fix, March 2011)\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cp>Rachael Myrow here, host of the California Report, with a handful of links to cool and/or important stories outside the Bay Area local readers should check out.\u003c/p>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cul>\n\u003cli>\u003ca title=\"Complex effort to rid San Nicolas Island of cats declared a success\" href=\"http://www.latimes.com/news/local/la-me-adv-san-nicolas-20120227,0,5323367.story\" target=\"_top\">Complex effort to rid San Nicolas Island of cats declared a success\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003cstrong>\u003c/strong>\u003ca title=\"Unprecedented number of sea otter deaths along California coast\" href=\"http://www.latimes.com/news/local/la-me-0227-sea-otter-20120227,0,2779949.story\" target=\"_top\">Unprecedented number of sea otter deaths along California coast\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/27/technology/attack-on-vatican-web-site-offers-view-of-hacker-groups-tactics.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/27/technology/attack-on-vatican-web-site-offers-view-of-hacker-groups-tactics.html?emc=tnt&tntemail0=y\">Attack on Vatican Web Site Offers View of Hacker Group’s Tactics\u003c/a> (New York Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/25/business/homes-arent-selling-but-its-an-apartment-landlords-market.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/25/business/homes-arent-selling-but-its-an-apartment-landlords-market.html?emc=tnt&tntemail0=y\">Homes Aren’t Selling, but It’s an Apartment Landlord’s Market\u003c/a> (New York Times)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/SB10001424052970204520204577247771406244702.html?KEYWORDS=California\">France Télécom's Orange to Use Intel Chips\u003c/a> (Wall Street Journal)\u003c/li>\n\u003c/ul>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rachael Myrow here, host of the California Report, with a handful of links to cool and/or important stories outside the Bay Area local readers should check out.\u003c/p>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cdiv>\n\u003cul>\n\u003cli>\u003ca title=\"Complex effort to rid San Nicolas Island of cats declared a success\" href=\"http://www.latimes.com/news/local/la-me-adv-san-nicolas-20120227,0,5323367.story\" target=\"_top\">Complex effort to rid San Nicolas Island of cats declared a success\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003cstrong>\u003c/strong>\u003ca title=\"Unprecedented number of sea otter deaths along California coast\" href=\"http://www.latimes.com/news/local/la-me-0227-sea-otter-20120227,0,2779949.story\" target=\"_top\">Unprecedented number of sea otter deaths along California coast\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/27/technology/attack-on-vatican-web-site-offers-view-of-hacker-groups-tactics.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/27/technology/attack-on-vatican-web-site-offers-view-of-hacker-groups-tactics.html?emc=tnt&tntemail0=y\">Attack on Vatican Web Site Offers View of Hacker Group’s Tactics\u003c/a> (New York Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/25/business/homes-arent-selling-but-its-an-apartment-landlords-market.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/25/business/homes-arent-selling-but-its-an-apartment-landlords-market.html?emc=tnt&tntemail0=y\">Homes Aren’t Selling, but It’s an Apartment Landlord’s Market\u003c/a> (New York Times)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/SB10001424052970204520204577247771406244702.html?KEYWORDS=California\">France Télécom's Orange to Use Intel Chips\u003c/a> (Wall Street Journal)\u003c/li>\n\u003c/ul>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>by \u003cstrong>Dan Brekke and Andrew Stelzer\u003c/strong>\u003c/p>\n\u003cp>An Oakland judge has issued an injunction against 38 alleged members of the Norteños gang in the city's Fruitvale neighborhood. \u003c/p>\n\u003cp>The order. issued this week by Alameda County Superior Court Judge Robert Freedman, places severe restrictions on the daily activities of those named in the injunction, including whom they can meet and what they can wear. \u003c/p>\n\u003cp>City Council-member Ignacio De Le Fuente said the order will help suppress violent crime in his district. \"It's a very detailed order that I think will allow the city and the Police Department to really make a dent.\" \u003c/p>\n\u003cp>Gang-injunction critics say the tactic violates civil rights while doing little to curb violence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"If the goal is to control violence, this tactic doesn't work,\" defendants' attorney Yolanda Huang said. \"All the major studies on gang injunctions have shown that it doesn't work.\"\u003c/p>\n\u003cp>The men named in the order can apply to have their names removed from the injunction -- after a wait of one or two years. A three-member panel will consider each application.\u003c/p>\n\u003cp>Attorney Huang, who represents two of the men named in the order, said the defendants won a concession in that process. \"The panel will not have as members anyone from law enforcement,\" she said. \"The defendants will get to choose one member of the panel, the city will appoint one member of the panel and the two together will appoint the third.\"\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/82738319/People-v-Nortenos-Alameda-County-Superior-Court\">Read the judge's order here\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca title=\"View People v. Norteños-Alameda County Superior Court on Scribd\" href=\"http://www.scribd.com/doc/82743782/People-v-Nortenos-Alameda-County-Superior-Court\">People v. Norteños-Alameda County Superior Court\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/82743782/content?start_page=1&view_mode=list&access_key=key-2dwe7jspfefehqgzzhn7\" scrolling=\"no\" width=\"500\" height=\"667\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"If the goal is to control violence, this tactic doesn't work,\" defendants' attorney Yolanda Huang said. \"All the major studies on gang injunctions have shown that it doesn't work.\"\u003c/p>\n\u003cp>The men named in the order can apply to have their names removed from the injunction -- after a wait of one or two years. A three-member panel will consider each application.\u003c/p>\n\u003cp>Attorney Huang, who represents two of the men named in the order, said the defendants won a concession in that process. \"The panel will not have as members anyone from law enforcement,\" she said. \"The defendants will get to choose one member of the panel, the city will appoint one member of the panel and the two together will appoint the third.\"\u003c/p>\n\u003cp>\u003ca href=\"http://www.scribd.com/doc/82738319/People-v-Nortenos-Alameda-County-Superior-Court\">Read the judge's order here\u003c/a>:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca title=\"View People v. Norteños-Alameda County Superior Court on Scribd\" href=\"http://www.scribd.com/doc/82743782/People-v-Nortenos-Alameda-County-Superior-Court\">People v. Norteños-Alameda County Superior Court\u003c/a>\u003ciframe src=\"http://www.scribd.com/embeds/82743782/content?start_page=1&view_mode=list&access_key=key-2dwe7jspfefehqgzzhn7\" scrolling=\"no\" width=\"500\" height=\"667\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Police Force’s Sloppy Investigations Leave Abuse of Disabled Unsolved",
"title": "Police Force’s Sloppy Investigations Leave Abuse of Disabled Unsolved",
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"content": "\u003cp>From \u003ca href=\"http://californiawatch.org/public-safety/police-force-s-sloppy-investigations-leave-abuse-disabled-unsolved-14971\">\u003cstrong>California Watch\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>California has assembled a unique police force to protect about 1,800 of its most vulnerable patients – men and women with cerebral palsy, severe autism and other mental disabilities who live in state institutions and require round-the-clock monitoring and protection from abuse.\u003c/p>\n\u003cfigure id=\"attachment_57538\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/lazzini5.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/lazzini5-300x199.jpg\" alt=\"\" title=\"lazzini\" width=\"300\" height=\"199\" class=\"size-medium wp-image-57538\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Donna Lazzini embraces her son, Timothy Lazzini, a resident of the Sonoma Developmental Center who died in 2005. The picture is part of a family photo collage celebrating his life. (Monica Lam/ California Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>But an investigation by California Watch has found that detectives and patrol officers at the state’s five board-and-care institutions routinely fail to conduct basic police work even when patients die under mysterious circumstances.\u003c/p>\n\u003cp>Federal audits and investigations by disability-rights groups, as well as thousands of pages of case files, government data and lawsuits dating back to 2000, show caregivers and other facility staff allegedly involved in choking, shoving, hitting and sexually assaulting patients. None of these cases were prosecuted. \u003c!--more-->\u003c/p>\n\u003cp>Cases investigated as possible crimes include the death of a severely autistic man whose neck was broken. Three medical experts said the 50-year-old patient, Van Ingraham, likely had been killed. But the developmental center’s detective, a former nurse who’d never handled a suspicious death, failed to identify how the fatal injury occurred.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The police force, called the Office of Protective Services, often learns about potential criminal abuse hours or days after the fact – if they find out at all. Of the hundreds of abuse cases reported at the centers since 2006, California Watch could find just two cases where the department made an arrest.\u003c/p>\n\u003cp>The people that the police force is sworn to protect have profound developmental disabilities and live in a different world from most Californians. Some patients have spent decades in the centers, from childhood to death. Some cannot form words and have IQ scores in the single digits.\u003c/p>\n\u003cp>The precise number of times nurses, janitors or staff supervisors have been implicated in patient abuse cases is unknown; the state has censored thousands of pages of documents detailing the cases.\u003c/p>\n\u003cp>California is budgeted to spend $577 million this fiscal year to operate the centers, or roughly $320,000 per patient. More than 5,200 people work in the institutions – roughly 2.5 staff members for each patient. The five centers are in Los Angeles, Orange, Riverside, Sonoma and Tulare counties.\u003c/p>\n\u003cp>In most other states, local law enforcement or state police take the lead in conducting criminal investigations at developmental centers.\u003c/p>\n\u003cp>Critics of the state Department of Developmental Services, which oversees the institutions and the Office of Protective Services, have said the tight-knit atmosphere between the in-house police and staff makes it difficult to create a separation between the investigators and the investigated.\u003c/p>\n\u003cp>In a few cases, caregivers and others with minimal police training have been hired to work as law enforcement in the same facility. The commander at the Lanterman Developmental Center in Pomona worked there as a primary caregiver. The force’s police chief is a former firefighter at the Sonoma Developmental Center.\u003c/p>\n\u003cp>The police force also suffers from a convoluted chain of command, interviews and records show. Detectives cannot make arrests without checking with department lawyers in Sacramento. Local police must be informed when serious injuries or deaths occur, but most defer investigations to the Office of Protective Services.\u003c/p>\n\u003cp>“It seems like something is not working in California. And that’s probably a major understatement,” said Tamie Hopp, an official with the national organization Voice of the Retarded, who noted the volume of abuse cases in California, and the lack of prosecutions, is cause for alarm.\u003c/p>\n\u003cp>Terri Delgadillo, director of the Department of Developmental Services, said her department has a zero-tolerance policy that includes reporting any injuries, even those remotely suspicious, to the state Department of Public Health. She said the department is committed to conducting thorough investigations.\u003c/p>\n\u003cp>“For the department, the priority is to make sure that we’re doing the best job providing consumer safety and services,” Delgadillo said in an interview. “And if there are issues that need to be addressed – and there’s always room for improvement – we’re looking to do that.”\u003c/p>\n\u003cp>She has hired a consulting group, the Consortium on Innovative Practices based in Alabama, to review the methods and training of her police force. The nonprofit group was recommended by the U.S. Department of Justice, which issued a \u003ca href=\"https://www.documentcloud.org/documents/256286-justicedept-lanterman-findings.html#document/p11/a35580\" target=\"_blank\">scathing critique\u003c/a> of the department in 2006.\u003c/p>\n\u003cp>The department said that from January 2008 to last month, 67 developmental center employees were fired for “client-related” offenses. But officials declined to say how many of those, if any, were dismissed for abusing patients, where they worked or if any of them had been arrested.\u003c/p>\n\u003cp>Delgadillo also declined to comment on specific cases of alleged abuse or mistreatment at the developmental centers, citing patient privacy laws. Corey Smith, the former firefighter who is now police chief, said he was not permitted to speak with reporters for this story.\u003c/p>\n\u003cp>\u003cstrong>\u003ca name=\"facts\">\u003c/a>Abuse cases increase\u003c/strong>\u003c/p>\n\u003cp>\u003ca name=\"since06\">\u003c/a>The developmental centers have been the scene of 327 patient abuse cases since 2006, according to inspection data from the California Department of Public Health. Patients have suffered an additional 762 injuries of “unknown origin” – often a signal of abuse that under state policy should be investigated as a potential crime.\u003c/p>\n\u003cp>At the state’s five centers, the list of unexplained injuries includes patients who suffered deep cuts on the head; a fractured pelvis; a broken jaw; busted ribs, shins and wrists; bruises and tears to male genitalia; and burns on the skin the size and shape of a cigarette butt.\u003c/p>\n\u003cp>Timothy Lazzini, a quadriplegic cerebral palsy patient at the Sonoma Developmental Center, died in 2005 after he swallowed 4-inch swabs that shredded his esophagus. After his death, Lazzini’s doctor and a \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p23/a45400\" target=\"_blank\">pathologist concluded\u003c/a> it was highly unlikely that Lazzini could have placed the swabs in his own mouth.\u003c/p>\n\u003cp>But records show detectives waited too long to start their investigation. If any physical evidence was left in Lazzini's room, it had been removed by the time investigators arrived.\u003c/p>\n\u003cp>His death, and the slow response by the Office of Protective Services, has left Lazzini’s family heartbroken and without a conclusive answer as to how he was killed.\u003c/p>\n\u003cp>“He is gone and they really haven’t given us as a family the information that we need to be at peace,” said Stephanie Contreras, Lazzini’s sister. “There is no peace at all.”\u003c/p>\n\u003cp>The rate of suspected abuse cases within the walls of the five institutions has risen – even as hundreds of developmentally disabled patients have been moved to group homes and smaller nursing facilities.\u003c/p>\n\u003cp>The patient population at developmental centers \u003ca href=\"http://www.dds.ca.gov/DevCtrs/AllFacPop.cfm\" target=\"_blank\">dropped by 12 percent\u003c/a> from 2008 to 2010, state records show, but reports of abuse have increased 43 percent during those three years. \u003ca href=\"http://projects.californiawatch.org/broken-shield\" target=\"_blank\">Unexplained injuries\u003c/a> jumped 8 percent in the same period.\u003c/p>\n\u003cp>Public health officials acknowledged the state doesn’t keep a tally of the number of times caregivers have abused patients. That information is kept hidden from the public in individual case files.\u003c/p>\n\u003cp>Kathleen Billingsley, director of policy and programs for the Department of Public Health, said she also didn’t know whether inspectors were notifying law enforcement agencies when they uncover evidence of abuse. She said public health inspectors conduct thorough investigations separately from the police.\u003c/p>\n\u003cp>“If there is any cross between enforcement individuals at the state facility and the work we do, I am not familiar with that,” Billingsley said.\u003c/p>\n\u003cp>The Los Angeles County district attorney’s office, which oversees Lanterman, couldn’t identify a single criminal case referred from the center’s police force. District attorneys in Tulare, Orange and Riverside counties also reported no prosecutions for patient abuse in the past decade. Sonoma County refused to disclose its records.\u003c/p>\n\u003cp>On average, police in California solve about two-thirds of all homicides and about half of all aggravated assaults – or at least make an arrest and “clear” the cases. The clearance rate for the Office of Protective Services is unknown because the department keeps the information secret.\u003c/p>\n\u003cp>\u003cstrong>Thankless jobs, hidden from the public\u003c/strong>\u003c/p>\n\u003cp>The Office of Protective Services has existed in various forms and names since the late 19\u003csup>th\u003c/sup> century, when California opened its first institution for the developmentally disabled. That facility in San Jose – first known as the Agnews Insane Asylum – opened in 1885 and closed in 2009.\u003c/p>\n\u003cp>Interviews with current and former Office of Protective Services employees suggest the organization’s structure from its beginning has contributed to its dysfunction.\u003c/p>\n\u003cp>Patrol officers dress much like those at any other police department. They wear tan and green uniforms with gold badges. Handcuffs are hooked to their belts. They drive marked squad cars. But there are key differences.\u003c/p>\n\u003cp>Officers and caregivers are confined together in a 24-hour facility monitoring an unpredictable, sometimes uncontrollable population. Beyond a paycheck, the job is mostly thankless and hidden from the public. Officers are not allowed to carry guns; many carry pepper spray instead. They often work their shifts alone.\u003c/p>\n\u003cp>Greg Wardwell, a sergeant who spent more than 20 years patrolling the Sonoma Developmental Center before retiring last year, said the state has undermined its own police force through neglect and incompetence.\u003c/p>\n\u003cp>“You can look like a cop and we’ll call you a cop, but you don’t really have any way of being a cop,” Wardwell said. “Because we’re not going to train you, we won’t provide safety equipment. The salary will be so bad that we won’t be able to recruit anybody of talent.”\u003c/p>\n\u003cp>Salaries for the roughly 90 sworn officers are half of what police earn in the state’s big city departments. Yet, roughly a third of officers within the Office of Protective Services are among the best compensated in California law enforcement, with much of their pay gained through overtime. One officer’s income has topped $200,000 a year.\u003c/p>\n\u003cp>Families must rely on the Office of Protective Services to provide evidence for lawsuits when their relatives are harmed or killed at a developmental center. Records show the state paid out nearly $9 million in legal settlements – out of 68 separate lawsuits – from 2004 to 2010.\u003c/p>\n\u003cp>In 2005, Disability Rights California issued a report on a pattern of unexplained genital lacerations suffered by male patients at an unnamed developmental center. The cases were potentially sex assaults, but the investigations were woefully incomplete, documents show.\u003c/p>\n\u003cp>“Photographs were not taken,” the report states. “Not all witnesses, nor all key witnesses, were interviewed. Physical evidence was not collected. Victims did not receive thorough medical workups to look for other indications of abuse.”\u003c/p>\n\u003cp>Leslie Morrison, director of investigations at \u003ca href=\"http://www.disabilityrightsca.org/\" target=\"_blank\">Disability Rights California\u003c/a>, said the report showed how the developmentally disabled can be treated as second-class citizens.\u003c/p>\n\u003cp>“If this had happened to 3-year-old boys in a day care center, people would have been alarmed, police would have been called, there would have been an outrage,” Morrison said. “It wouldn't have just been treated as just, 'Oh, look, there's a cut, we better sew that up.' ”\u003c/p>\n\u003cp>In the case of the 50-year-old autistic man, Van Ingraham, his family received $800,000 in a settlement with the state. Ingraham died in 2007 after sustaining a broken neck while in his room at the Fairview Developmental Center in Orange County.\u003c/p>\n\u003cp>Fairview officers didn’t collect physical evidence from Ingraham’s room, records show. Detectives overlooked evidence that a caregiver last seen with Ingraham had \u003ca href=\"https://www.documentcloud.org/documents/251733-ops-ingraham-casefile-rg.html#document/p15/a45401\" target=\"_blank\">altered the log of his activities\u003c/a>. And they omitted from the case file an expert’s opinion that Ingraham’s death “was likely a homicide.”\u003c/p>\n\u003cp>“This incompetent, horrendous organization called Office of Protective Services takes it and just makes a mess, just a complete mangled mess of the investigation,” said Larry Ingraham, the patient’s older brother and a veteran of the San Diego Police Department.\u003c/p>\n\u003cp>\u003cstrong>Sexual assaults unprosecuted\u003c/strong>\u003c/p>\n\u003cp>Sex abuse cases, too, have been shelved without prosecution.\u003c/p>\n\u003cp>In April 2010, at the Canyon Springs Developmental Center in Riverside County, a janitor twice sexually abused a mentally disabled female patient when caregivers were out of sight. Under California law, having sex with any developmentally disabled person who is incapable of giving consent is considered rape.\u003c/p>\n\u003cp>The patient, who is not identified in state records, had a history of being assaulted. She was institutionalized at age 12 after her father impregnated her, a state health department citation shows.\u003c/p>\n\u003cp>The patient had been diagnosed with moderate mental retardation, schizoaffective disorder and post-traumatic stress disorder. Canyon Springs staff had been working with her to curb any behavior “possibly leading to sexual activity,” her file states.\u003c/p>\n\u003cp>The female patient, then 39 years old, \u003ca href=\"https://www.documentcloud.org/documents/282341-170007499-redacted.html#document/p1/a42068\" target=\"_blank\">told center employees\u003c/a> she “did it” with the janitor in the women’s bathroom and in a hallway during a fire drill. An unidentified Canyon Springs employee notified the state Department of Public Health.\u003c/p>\n\u003cp>The Office of Protective Services investigated the case but made no arrests. State regulators also investigated and ruled the incidents as sexual abuse, according to a citation issued to Canyon Springs.\u003c/p>\n\u003cp>In December 2010, Canyon Springs was fined $800 by public health officials for the incidents. No criminal charges followed. The Riverside County district attorney’s office said it has no record of receiving any case referrals from Canyon Springs, which houses about 50 patients.\u003c/p>\n\u003cp>Rather than placing the janitor under arrest, developmental center officials ordered him to undergo training on his “legal duty” regarding patient abuse, according to state records.\u003c/p>\n\u003cp>The Office of Protective Services concluded that the janitor didn’t commit a crime, Delgadillo said. She declined to answer other questions about the incident or to say whether the janitor, whose name the state has redacted from case files, continues to work at Canyon Springs.\u003c/p>\n\u003cp>\u003ca name=\"sexualabuse2\">\u003c/a>In another case with even fewer details available, a female patient at the Sonoma Developmental Center accused a male caregiver of sexually assaulting her during a bath in early 2000, police records show. The institution responded by assigning two men to bathe the patient.\u003c/p>\n\u003cp>On July 6, 2000, both caregivers allegedly raped her, again during bathing.\u003c/p>\n\u003cp>The institution did not inform its own police officers about the details of either incident. Records show Ed Contreras, then Sonoma’s police commander, received an anonymous tip four days after the second alleged rape.\u003c/p>\n\u003cp>“They weren’t following the law,” Contreras said in an interview. “They weren’t reporting it to the police department. They weren’t reporting it to me.”\u003c/p>\n\u003cp>Contreras said no arrests were made in the sex assaults. The Sonoma County district attorney’s office declined to release records on the cases or any other criminal allegations from the developmental center.\u003c/p>\n\u003cp>\u003cstrong>Inside institutions, a different world\u003c/strong>\u003c/p>\n\u003cp>The Sonoma Developmental Center is located in a quaint neighborhood in the middle of wine country. Fairview in Costa Mesa is near the Orange County fairgrounds and surrounded by strip malls and a golf course. Lanterman is wedged between train tracks and a highway east of Los Angeles.\u003c/p>\n\u003cp>Next door to a Cathedral City cemetery, tiny Canyon Springs could be mistaken for an office park. The Porterville Developmental Center, southeast of Visalia, does have the look of an institution. Among the 500 patients, the facility houses about 200 developmentally disabled patients who have committed crimes or who are under arrest.\u003c/p>\n\u003cp>Inside, the centers feature wide hallways. Walls are decorated much the same as elementary school classrooms, with colors and construction paper cutouts to signal upcoming holidays.\u003c/p>\n\u003cp>Primary caregivers, called psychiatric technicians, guide patients from place to place, feeding them and distributing medication. Each patient communicates differently, and the units are filled with shouts, groans, shrieks and crying. Patients share bedrooms. Some are crowded with stuffed animals, posters and family pictures. Others are empty, save for the full-sized beds and a cabinet.\u003c/p>\n\u003cp>Parents and siblings can visit every week for hours at a time. Fairview patients range from 15 to 94 years old, said Bill Wilson, the institution’s executive director. Most are between the ages of 40 and 60.\u003c/p>\n\u003cp>More than two-thirds of patients are diagnosed with profound mental disabilities, \u003ca href=\"https://www.documentcloud.org/documents/295214-factors-associated-with-living-in-developmental.html#document/p7/a45411\" target=\"_blank\">according to research\u003c/a> from UC San Francisco. The institutions have whole units for patients who are emotionally volatile, prone to striking themselves and others.\u003c/p>\n\u003cp>The disabled population adds greater complexity to criminal investigations. For a host of reasons, their observations can be tainted by fantasies and falsehoods. Their emotions veer from happy to inconsolable without warning. Patients slap and punch at their faces and legs, and at each other.\u003c/p>\n\u003cp>“They come to us after they’ve burned every bridge in the community,” said Erinn Kanney, a program manager at Fairview.\u003c/p>\n\u003cp>Outside of California, local or state police most often are responsible for investigating criminal cases at institutions. But city and county law enforcement agencies inside the state have not shown an interest in developmental center cases and don’t have funding to expand their scope, according to Delgadillo.\u003c/p>\n\u003cp>“Oftentimes, local law enforcement does not want to get involved,” said Delgadillo, who in the past has worked for the California Department of Corrections and Rehabilitation as a manager in the juvenile justice division.\u003c/p>\n\u003cp>Local police or sheriff’s deputies can act more independently than an internal police force responsible for probes into their colleagues and bosses, said Jane Hudson, senior staff attorney for the National Disability Rights Network, a patient advocacy organization\u003c/p>\n\u003cp>\u003ca name=\"quote\">\u003c/a>“If there’s a crime committed,” Hudson said, “you let the criminal investigators go in first rather than the institution bagging the bloody shirt.”\u003c/p>\n\u003cp>\u003cstrong>Delayed notification hinders investigations\u003c/strong>\u003c/p>\n\u003cp>Delays by the Office of Protective Services often make cases harder to solve.\u003c/p>\n\u003cp>\u003ca name=\"dozen\">\u003c/a>Although no public records exist showing how frequently the police force receives late notification of potential abuse cases, California Watch was able to identify at least a dozen incidents in which delays from 24 hours to several days occurred.\u003c/p>\n\u003cp>Forensic experts say the first hours following a crime are critical. A person walking through a crime scene can ruin fingerprints, DNA samples and other evidence, said Dennis Kilcoyne, a Los Angeles Police Department homicide detective. Witness statements can change with time, especially after they’ve conferred with others, he said.\u003c/p>\n\u003cp>“People’s emotions are in play, and they may say things that, after they’ve thought about it or consulted with an attorney, (they) won’t say a week from now,” said Kilcoyne, a 27-year veteran.\u003c/p>\n\u003cp>Delays have hurt criminal investigations and given the centers’ employees time to alter and destroy evidence, records and interviews show.\u003c/p>\n\u003cp>That’s what happened in the case of Timothy Lazzini, the 25-year-old quadriplegic patient with cerebral palsy, who coughed up a bloody glycerin swab at the Sonoma Developmental Center. He died from internal bleeding that night, Oct. 22, 2005.\u003c/p>\n\u003cp>Three swabs – each 4 inches long and twice as thick as a Q-tip – had torn Lazzini’s esophagus. He coughed out one, but two others remained lodged in his stomach, autopsy records show.\u003c/p>\n\u003cp>At that point in his life, Lazzini’s disabilities had left him mostly paralyzed, and he received food through a tube in his abdomen.\u003c/p>\n\u003cp>Someone at the developmental center likely put the swabs inside his mouth before he died. Dr. Ken Christensen, Lazzini’s doctor, told Office of Protective Services investigators that it was possible for Lazzini to swallow the swabs, but “it is unlikely for him to be able to pick it up and put it into his mouth.” The pathologist who performed Lazzini’s autopsy \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p13/a45403\" target=\"_blank\">noted the same thing\u003c/a>.\u003c/p>\n\u003cp>The Office of Protective Services assigned the case to a detective more than 24 hours after a caregiver discovered Lazzini bleeding from the mouth, the police file shows. By then, if any evidence was available at the scene, it was gone.\u003c/p>\n\u003cp>“\u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p17/a13\" target=\"_blank\">I noted the area was cleaned up\u003c/a>,” Rod Beck, the detective, wrote in his report. “I did not note G-swabs in the bedroom area and none were seen in the drawers of his dresser.”\u003c/p>\n\u003cp>The glycerin swabs are lemon flavored and intended to moisten a patient’s mouth, but caregivers were not supposed to use them on Lazzini, \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p18/a45405\" target=\"_blank\">according to the case file\u003c/a>. The patient did not have the physical ability to remove the swabs himself, one of Lazzini’s doctors told police.\u003c/p>\n\u003cp>During his \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p37/a45407\" target=\"_blank\">interviews with caregivers\u003c/a>, Beck learned that some technicians had been using the glycerin swabs as a pacifier for Lazzini, putting them in his mouth when he “got vocal.”\u003c/p>\n\u003cp>Lazzini’s caregivers all denied ever putting swabs in his mouth, however. Only one of the seven questioned by police admitted to using them on any patient.\u003c/p>\n\u003cp>Records that might have proven otherwise were destroyed, according to the police report. Daily caregiver notes from the previous week went missing. Someone blacked out information in two separate logs documenting patient care on the day Sonoma employees discovered Lazzini bleeding.\u003c/p>\n\u003cp>“The initials were heavily lined out,” Beck wrote.\u003c/p>\n\u003cp>Mark Czworniak, a Chicago Police Department homicide detective, reviewed the Lazzini case file for California Watch. He said that without records, crime scene evidence or corroborating statements from witnesses, there is no way to link anyone to the swabs that killed Lazzini.\u003c/p>\n\u003cp>It might have been multiple caregivers, Czworniak wrote, “or a completely unobservant health care worker, supplying Timothy L. with the G-swab one after another, not noticing, or caring where each swab disappeared to, and not surmising that Timothy L. was swallowing them.”\u003c/p>\n\u003cp>Lazzini's sister, Stephanie Contreras, who lives in the Sonoma County town of Windsor, and other family members sued the state in 2006 over Lazzini’s death and settled two years later for $100,000.\u003c/p>\n\u003cp>The Department of Public Health also fined the Sonoma Developmental Center $90,000 in August 2007, citing “mistreatment, neglect or misappropriation of resident property” – the failure to prevent Lazzini from swallowing the swabs.\u003c/p>\n\u003cp>But the Office of Protective Services closed the Lazzini case without determining what had happened.\u003c/p>\n\u003cp>\u003cstrong>Oversight reorganized\u003c/strong>\u003c/p>\n\u003cp>For much of its history, the Office of Protective Services was fragmented, with officers reporting only to administrators at their own facility.\u003c/p>\n\u003cp>Then, after a \u003ca href=\"http://www.inclusiondaily.com/news/institutions/ca/sdc.htm\" target=\"_blank\">series of critical stories\u003c/a> about the Sonoma center in the local Index-Tribune newspaper, Sacramento officials took greater control of the Office of Protective Services. They created a statewide police chief and borrowed veteran officers from the California Highway Patrol to fill the job.\u003c/p>\n\u003cp>In 2006, the U.S. Justice Department’s Civil Rights Division criticized the care at Lanterman, in Pomona, in a letter sent to Gov. Arnold Schwarzenegger. They noted a failure to properly collect evidence, inadequate witness interviews, delays in beginning investigations and the inability to close unsolved cases.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/256286-justicedept-lanterman-findings.html#document/p4/a45408\" target=\"_blank\">The audit outlined\u003c/a> the case of a patient, identified only as A.Z., who died on Aug. 7, 2002. The federal audit did not include details of the case but said the patient “died of multiple blunt force trauma after being stomped repeatedly in his bedroom at Lanterman.”\u003c/p>\n\u003cp>The Office of Protective Services identified two suspects – the patient’s caregiver and a roommate. Although there was evidence pointing to both men, the audit said, Lanterman police concluded the roommate had committed the crime but was too mentally impaired to face charges.\u003c/p>\n\u003cp>“Regardless of who was responsible,” the auditors said, “the fact that A.Z. suffered severe pain and ultimately died at Lanterman, in spite of the state’s obligation to keep him safe, is deeply disturbing.”\u003c/p>\n\u003cp>Patricia Flannery, the state official responsible for developmental center operations, said Lanterman has remedied the deficiencies documented by the justice department. “We haven’t heard from them in two years,” she said.\u003c/p>\n\u003cp>During the Schwarzenegger administration, however, the Department of Developmental Services hired less-experienced candidates to run the police force.\u003c/p>\n\u003cp>In 2007, the department hired Nancy Irving, a longtime government labor mediator, analyst and program manager, as the force’s interim police chief. She had not been certified as a law enforcement officer.\u003c/p>\n\u003cp>The career path of Victor Davis is not unusual.\u003c/p>\n\u003cp>Davis started at Lanterman as a part-time psychiatric technician in 1989, working his way up to a supervising caregiver. In 1998, the Department of Developmental Services put him on the police force as an investigator, skipping him over two ranks of police officers despite his lack of law enforcement background.\u003c/p>\n\u003cp>Today, Davis is Lanterman’s commanding officer, in charge of all criminal investigations. Davis declined to comment in detail, and attempts to interview him during a tour of Lanterman were cut off by a top-level official with the department.\u003c/p>\n\u003cp>The police force in 2008 added its first policies on investigating abuse and neglect, closing investigations, responding to sex assault and responding to a crime scene or emergency. But policies on preserving evidence, managing investigations and collaborating with outside law enforcement remain unwritten to this day.\u003c/p>\n\u003cp>Detectives have not had the authority to send investigations to prosecutors themselves. In most police departments, officers and detectives begin working with prosecutors in the early stages of an investigation. Some district attorneys send their prosecutors to work hand in hand with police at crime scenes.\u003c/p>\n\u003cp>But the Office of Protective Services follows a different playbook. The agency’s manual states that detectives and commanders must clear cases with administrators and civil attorneys at the Sacramento headquarters before sharing cases with local police or prosecutors.\u003c/p>\n\u003cp>Delgadillo, director of the Department of Developmental Services for the past five years, said the police agency follows state standards for evidence collection.\u003c/p>\n\u003cp>Delgadillo said she has reorganized the force so that police commanders answer to Sacramento rather than local administrators at the centers. This move, which was fully enacted in 2007, is intended to protect against interference by employees and officials who might be implicated in wrongdoing, she said.\u003c/p>\n\u003cp>Delgadillo acknowledged the old policy had been a potential conflict of interest.\u003c/p>\n\u003cp>“They're reporting directly up to us to make sure that there's no conflict between the developmental center and the investigation that's actually being conducted,” Delgadillo said.\u003c/p>\n\u003cp>The department’s legal team exists to protect the state from civil liability claims, a fact that raises concerns among patient advocates and legal experts who say prosecutions and arrests for abuse of patients have taken a back seat.\u003c/p>\n\u003cp>Delgadillo said the Office of Protective Services submits cases to department lawyers first to ensure “the investigation and the information is as complete as possible.”\u003c/p>\n\u003cp>Since 2006, state regulators have confirmed 21 patient abuse cases and 173 injuries of unknown origin at the Lanterman Developmental Center in Pomona. But the Los Angeles County district attorney’s office said it is unable to find a single case referred by Lanterman investigators in the past decade.\u003c/p>\n\u003cp>And the head of the district attorney’s elder abuse and dependent adult section, Robin Allen, said she didn’t know the developmental center had its own officers and detectives. With more than 300 patients, Lanterman is one of the largest elder caregivers in Los Angeles County.\u003c/p>\n\u003cp>Department of Developmental Services officials provided California Watch with the case numbers for six incidents they claim had been forwarded to prosecutors in Los Angeles County. But the district attorney’s office said the case numbers didn’t match anything in their records.\u003c/p>\n\u003cp>Even cases of brazenly documented abuse have ended without criminal charges.\u003c/p>\n\u003cp>In 2005, a caregiver at Lanterman \u003ca href=\"https://www.documentcloud.org/documents/256224-scan0002.html\" target=\"_blank\">took a cell phone picture\u003c/a> of her co-worker with his hands wrapped around the neck of a 48-year-old male patient with mental disabilities.\u003c/p>\n\u003cp>In the photo, the patient’s “facial expression showed that he was not enjoying the action,” a state Department of Public Health inspector \u003ca href=\"https://www.documentcloud.org/documents/256224-scan0002.html#document/p2/a45410\" target=\"_blank\">wrote in a report\u003c/a> about the incident.\u003c/p>\n\u003cp>The photograph, taken May 5, 2005, was e-mailed to the phones of multiple Lanterman employees – itself a violation of patient privacy laws. Another caregiver witnessed the choking and anonymously reported it a week later in a letter to public health officials and Lanterman administrators.\u003c/p>\n\u003cp>But the Office of Protective Services did not arrest the employees involved or forward the case to prosecutors. Inspection records don’t say whether the caregivers were reprimanded or fired, but Lanterman itself was fined $800 by the Department of Public Health.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Ryan Gabrielson is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a>. CIR staff writers Agustin Armendariz, Emily Hartley and Michael Montgomery contributed to this report. This story was edited by Robert Salladay and Mark Katches. It was copy edited by Nikki Frick. \u003c/em>\u003c/p>\n\n",
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"description": "From California Watch California has assembled a unique police force to protect about 1,800 of its most vulnerable patients – men and women with cerebral palsy, severe autism and other mental disabilities who live in state institutions and require round-the-clock monitoring and protection from abuse. But an investigation by California Watch has found that detectives",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>From \u003ca href=\"http://californiawatch.org/public-safety/police-force-s-sloppy-investigations-leave-abuse-disabled-unsolved-14971\">\u003cstrong>California Watch\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>California has assembled a unique police force to protect about 1,800 of its most vulnerable patients – men and women with cerebral palsy, severe autism and other mental disabilities who live in state institutions and require round-the-clock monitoring and protection from abuse.\u003c/p>\n\u003cfigure id=\"attachment_57538\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/lazzini5.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/lazzini5-300x199.jpg\" alt=\"\" title=\"lazzini\" width=\"300\" height=\"199\" class=\"size-medium wp-image-57538\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Donna Lazzini embraces her son, Timothy Lazzini, a resident of the Sonoma Developmental Center who died in 2005. The picture is part of a family photo collage celebrating his life. (Monica Lam/ California Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>But an investigation by California Watch has found that detectives and patrol officers at the state’s five board-and-care institutions routinely fail to conduct basic police work even when patients die under mysterious circumstances.\u003c/p>\n\u003cp>Federal audits and investigations by disability-rights groups, as well as thousands of pages of case files, government data and lawsuits dating back to 2000, show caregivers and other facility staff allegedly involved in choking, shoving, hitting and sexually assaulting patients. None of these cases were prosecuted. \u003c!--more-->\u003c/p>\n\u003cp>Cases investigated as possible crimes include the death of a severely autistic man whose neck was broken. Three medical experts said the 50-year-old patient, Van Ingraham, likely had been killed. But the developmental center’s detective, a former nurse who’d never handled a suspicious death, failed to identify how the fatal injury occurred.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The police force, called the Office of Protective Services, often learns about potential criminal abuse hours or days after the fact – if they find out at all. Of the hundreds of abuse cases reported at the centers since 2006, California Watch could find just two cases where the department made an arrest.\u003c/p>\n\u003cp>The people that the police force is sworn to protect have profound developmental disabilities and live in a different world from most Californians. Some patients have spent decades in the centers, from childhood to death. Some cannot form words and have IQ scores in the single digits.\u003c/p>\n\u003cp>The precise number of times nurses, janitors or staff supervisors have been implicated in patient abuse cases is unknown; the state has censored thousands of pages of documents detailing the cases.\u003c/p>\n\u003cp>California is budgeted to spend $577 million this fiscal year to operate the centers, or roughly $320,000 per patient. More than 5,200 people work in the institutions – roughly 2.5 staff members for each patient. The five centers are in Los Angeles, Orange, Riverside, Sonoma and Tulare counties.\u003c/p>\n\u003cp>In most other states, local law enforcement or state police take the lead in conducting criminal investigations at developmental centers.\u003c/p>\n\u003cp>Critics of the state Department of Developmental Services, which oversees the institutions and the Office of Protective Services, have said the tight-knit atmosphere between the in-house police and staff makes it difficult to create a separation between the investigators and the investigated.\u003c/p>\n\u003cp>In a few cases, caregivers and others with minimal police training have been hired to work as law enforcement in the same facility. The commander at the Lanterman Developmental Center in Pomona worked there as a primary caregiver. The force’s police chief is a former firefighter at the Sonoma Developmental Center.\u003c/p>\n\u003cp>The police force also suffers from a convoluted chain of command, interviews and records show. Detectives cannot make arrests without checking with department lawyers in Sacramento. Local police must be informed when serious injuries or deaths occur, but most defer investigations to the Office of Protective Services.\u003c/p>\n\u003cp>“It seems like something is not working in California. And that’s probably a major understatement,” said Tamie Hopp, an official with the national organization Voice of the Retarded, who noted the volume of abuse cases in California, and the lack of prosecutions, is cause for alarm.\u003c/p>\n\u003cp>Terri Delgadillo, director of the Department of Developmental Services, said her department has a zero-tolerance policy that includes reporting any injuries, even those remotely suspicious, to the state Department of Public Health. She said the department is committed to conducting thorough investigations.\u003c/p>\n\u003cp>“For the department, the priority is to make sure that we’re doing the best job providing consumer safety and services,” Delgadillo said in an interview. “And if there are issues that need to be addressed – and there’s always room for improvement – we’re looking to do that.”\u003c/p>\n\u003cp>She has hired a consulting group, the Consortium on Innovative Practices based in Alabama, to review the methods and training of her police force. The nonprofit group was recommended by the U.S. Department of Justice, which issued a \u003ca href=\"https://www.documentcloud.org/documents/256286-justicedept-lanterman-findings.html#document/p11/a35580\" target=\"_blank\">scathing critique\u003c/a> of the department in 2006.\u003c/p>\n\u003cp>The department said that from January 2008 to last month, 67 developmental center employees were fired for “client-related” offenses. But officials declined to say how many of those, if any, were dismissed for abusing patients, where they worked or if any of them had been arrested.\u003c/p>\n\u003cp>Delgadillo also declined to comment on specific cases of alleged abuse or mistreatment at the developmental centers, citing patient privacy laws. Corey Smith, the former firefighter who is now police chief, said he was not permitted to speak with reporters for this story.\u003c/p>\n\u003cp>\u003cstrong>\u003ca name=\"facts\">\u003c/a>Abuse cases increase\u003c/strong>\u003c/p>\n\u003cp>\u003ca name=\"since06\">\u003c/a>The developmental centers have been the scene of 327 patient abuse cases since 2006, according to inspection data from the California Department of Public Health. Patients have suffered an additional 762 injuries of “unknown origin” – often a signal of abuse that under state policy should be investigated as a potential crime.\u003c/p>\n\u003cp>At the state’s five centers, the list of unexplained injuries includes patients who suffered deep cuts on the head; a fractured pelvis; a broken jaw; busted ribs, shins and wrists; bruises and tears to male genitalia; and burns on the skin the size and shape of a cigarette butt.\u003c/p>\n\u003cp>Timothy Lazzini, a quadriplegic cerebral palsy patient at the Sonoma Developmental Center, died in 2005 after he swallowed 4-inch swabs that shredded his esophagus. After his death, Lazzini’s doctor and a \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p23/a45400\" target=\"_blank\">pathologist concluded\u003c/a> it was highly unlikely that Lazzini could have placed the swabs in his own mouth.\u003c/p>\n\u003cp>But records show detectives waited too long to start their investigation. If any physical evidence was left in Lazzini's room, it had been removed by the time investigators arrived.\u003c/p>\n\u003cp>His death, and the slow response by the Office of Protective Services, has left Lazzini’s family heartbroken and without a conclusive answer as to how he was killed.\u003c/p>\n\u003cp>“He is gone and they really haven’t given us as a family the information that we need to be at peace,” said Stephanie Contreras, Lazzini’s sister. “There is no peace at all.”\u003c/p>\n\u003cp>The rate of suspected abuse cases within the walls of the five institutions has risen – even as hundreds of developmentally disabled patients have been moved to group homes and smaller nursing facilities.\u003c/p>\n\u003cp>The patient population at developmental centers \u003ca href=\"http://www.dds.ca.gov/DevCtrs/AllFacPop.cfm\" target=\"_blank\">dropped by 12 percent\u003c/a> from 2008 to 2010, state records show, but reports of abuse have increased 43 percent during those three years. \u003ca href=\"http://projects.californiawatch.org/broken-shield\" target=\"_blank\">Unexplained injuries\u003c/a> jumped 8 percent in the same period.\u003c/p>\n\u003cp>Public health officials acknowledged the state doesn’t keep a tally of the number of times caregivers have abused patients. That information is kept hidden from the public in individual case files.\u003c/p>\n\u003cp>Kathleen Billingsley, director of policy and programs for the Department of Public Health, said she also didn’t know whether inspectors were notifying law enforcement agencies when they uncover evidence of abuse. She said public health inspectors conduct thorough investigations separately from the police.\u003c/p>\n\u003cp>“If there is any cross between enforcement individuals at the state facility and the work we do, I am not familiar with that,” Billingsley said.\u003c/p>\n\u003cp>The Los Angeles County district attorney’s office, which oversees Lanterman, couldn’t identify a single criminal case referred from the center’s police force. District attorneys in Tulare, Orange and Riverside counties also reported no prosecutions for patient abuse in the past decade. Sonoma County refused to disclose its records.\u003c/p>\n\u003cp>On average, police in California solve about two-thirds of all homicides and about half of all aggravated assaults – or at least make an arrest and “clear” the cases. The clearance rate for the Office of Protective Services is unknown because the department keeps the information secret.\u003c/p>\n\u003cp>\u003cstrong>Thankless jobs, hidden from the public\u003c/strong>\u003c/p>\n\u003cp>The Office of Protective Services has existed in various forms and names since the late 19\u003csup>th\u003c/sup> century, when California opened its first institution for the developmentally disabled. That facility in San Jose – first known as the Agnews Insane Asylum – opened in 1885 and closed in 2009.\u003c/p>\n\u003cp>Interviews with current and former Office of Protective Services employees suggest the organization’s structure from its beginning has contributed to its dysfunction.\u003c/p>\n\u003cp>Patrol officers dress much like those at any other police department. They wear tan and green uniforms with gold badges. Handcuffs are hooked to their belts. They drive marked squad cars. But there are key differences.\u003c/p>\n\u003cp>Officers and caregivers are confined together in a 24-hour facility monitoring an unpredictable, sometimes uncontrollable population. Beyond a paycheck, the job is mostly thankless and hidden from the public. Officers are not allowed to carry guns; many carry pepper spray instead. They often work their shifts alone.\u003c/p>\n\u003cp>Greg Wardwell, a sergeant who spent more than 20 years patrolling the Sonoma Developmental Center before retiring last year, said the state has undermined its own police force through neglect and incompetence.\u003c/p>\n\u003cp>“You can look like a cop and we’ll call you a cop, but you don’t really have any way of being a cop,” Wardwell said. “Because we’re not going to train you, we won’t provide safety equipment. The salary will be so bad that we won’t be able to recruit anybody of talent.”\u003c/p>\n\u003cp>Salaries for the roughly 90 sworn officers are half of what police earn in the state’s big city departments. Yet, roughly a third of officers within the Office of Protective Services are among the best compensated in California law enforcement, with much of their pay gained through overtime. One officer’s income has topped $200,000 a year.\u003c/p>\n\u003cp>Families must rely on the Office of Protective Services to provide evidence for lawsuits when their relatives are harmed or killed at a developmental center. Records show the state paid out nearly $9 million in legal settlements – out of 68 separate lawsuits – from 2004 to 2010.\u003c/p>\n\u003cp>In 2005, Disability Rights California issued a report on a pattern of unexplained genital lacerations suffered by male patients at an unnamed developmental center. The cases were potentially sex assaults, but the investigations were woefully incomplete, documents show.\u003c/p>\n\u003cp>“Photographs were not taken,” the report states. “Not all witnesses, nor all key witnesses, were interviewed. Physical evidence was not collected. Victims did not receive thorough medical workups to look for other indications of abuse.”\u003c/p>\n\u003cp>Leslie Morrison, director of investigations at \u003ca href=\"http://www.disabilityrightsca.org/\" target=\"_blank\">Disability Rights California\u003c/a>, said the report showed how the developmentally disabled can be treated as second-class citizens.\u003c/p>\n\u003cp>“If this had happened to 3-year-old boys in a day care center, people would have been alarmed, police would have been called, there would have been an outrage,” Morrison said. “It wouldn't have just been treated as just, 'Oh, look, there's a cut, we better sew that up.' ”\u003c/p>\n\u003cp>In the case of the 50-year-old autistic man, Van Ingraham, his family received $800,000 in a settlement with the state. Ingraham died in 2007 after sustaining a broken neck while in his room at the Fairview Developmental Center in Orange County.\u003c/p>\n\u003cp>Fairview officers didn’t collect physical evidence from Ingraham’s room, records show. Detectives overlooked evidence that a caregiver last seen with Ingraham had \u003ca href=\"https://www.documentcloud.org/documents/251733-ops-ingraham-casefile-rg.html#document/p15/a45401\" target=\"_blank\">altered the log of his activities\u003c/a>. And they omitted from the case file an expert’s opinion that Ingraham’s death “was likely a homicide.”\u003c/p>\n\u003cp>“This incompetent, horrendous organization called Office of Protective Services takes it and just makes a mess, just a complete mangled mess of the investigation,” said Larry Ingraham, the patient’s older brother and a veteran of the San Diego Police Department.\u003c/p>\n\u003cp>\u003cstrong>Sexual assaults unprosecuted\u003c/strong>\u003c/p>\n\u003cp>Sex abuse cases, too, have been shelved without prosecution.\u003c/p>\n\u003cp>In April 2010, at the Canyon Springs Developmental Center in Riverside County, a janitor twice sexually abused a mentally disabled female patient when caregivers were out of sight. Under California law, having sex with any developmentally disabled person who is incapable of giving consent is considered rape.\u003c/p>\n\u003cp>The patient, who is not identified in state records, had a history of being assaulted. She was institutionalized at age 12 after her father impregnated her, a state health department citation shows.\u003c/p>\n\u003cp>The patient had been diagnosed with moderate mental retardation, schizoaffective disorder and post-traumatic stress disorder. Canyon Springs staff had been working with her to curb any behavior “possibly leading to sexual activity,” her file states.\u003c/p>\n\u003cp>The female patient, then 39 years old, \u003ca href=\"https://www.documentcloud.org/documents/282341-170007499-redacted.html#document/p1/a42068\" target=\"_blank\">told center employees\u003c/a> she “did it” with the janitor in the women’s bathroom and in a hallway during a fire drill. An unidentified Canyon Springs employee notified the state Department of Public Health.\u003c/p>\n\u003cp>The Office of Protective Services investigated the case but made no arrests. State regulators also investigated and ruled the incidents as sexual abuse, according to a citation issued to Canyon Springs.\u003c/p>\n\u003cp>In December 2010, Canyon Springs was fined $800 by public health officials for the incidents. No criminal charges followed. The Riverside County district attorney’s office said it has no record of receiving any case referrals from Canyon Springs, which houses about 50 patients.\u003c/p>\n\u003cp>Rather than placing the janitor under arrest, developmental center officials ordered him to undergo training on his “legal duty” regarding patient abuse, according to state records.\u003c/p>\n\u003cp>The Office of Protective Services concluded that the janitor didn’t commit a crime, Delgadillo said. She declined to answer other questions about the incident or to say whether the janitor, whose name the state has redacted from case files, continues to work at Canyon Springs.\u003c/p>\n\u003cp>\u003ca name=\"sexualabuse2\">\u003c/a>In another case with even fewer details available, a female patient at the Sonoma Developmental Center accused a male caregiver of sexually assaulting her during a bath in early 2000, police records show. The institution responded by assigning two men to bathe the patient.\u003c/p>\n\u003cp>On July 6, 2000, both caregivers allegedly raped her, again during bathing.\u003c/p>\n\u003cp>The institution did not inform its own police officers about the details of either incident. Records show Ed Contreras, then Sonoma’s police commander, received an anonymous tip four days after the second alleged rape.\u003c/p>\n\u003cp>“They weren’t following the law,” Contreras said in an interview. “They weren’t reporting it to the police department. They weren’t reporting it to me.”\u003c/p>\n\u003cp>Contreras said no arrests were made in the sex assaults. The Sonoma County district attorney’s office declined to release records on the cases or any other criminal allegations from the developmental center.\u003c/p>\n\u003cp>\u003cstrong>Inside institutions, a different world\u003c/strong>\u003c/p>\n\u003cp>The Sonoma Developmental Center is located in a quaint neighborhood in the middle of wine country. Fairview in Costa Mesa is near the Orange County fairgrounds and surrounded by strip malls and a golf course. Lanterman is wedged between train tracks and a highway east of Los Angeles.\u003c/p>\n\u003cp>Next door to a Cathedral City cemetery, tiny Canyon Springs could be mistaken for an office park. The Porterville Developmental Center, southeast of Visalia, does have the look of an institution. Among the 500 patients, the facility houses about 200 developmentally disabled patients who have committed crimes or who are under arrest.\u003c/p>\n\u003cp>Inside, the centers feature wide hallways. Walls are decorated much the same as elementary school classrooms, with colors and construction paper cutouts to signal upcoming holidays.\u003c/p>\n\u003cp>Primary caregivers, called psychiatric technicians, guide patients from place to place, feeding them and distributing medication. Each patient communicates differently, and the units are filled with shouts, groans, shrieks and crying. Patients share bedrooms. Some are crowded with stuffed animals, posters and family pictures. Others are empty, save for the full-sized beds and a cabinet.\u003c/p>\n\u003cp>Parents and siblings can visit every week for hours at a time. Fairview patients range from 15 to 94 years old, said Bill Wilson, the institution’s executive director. Most are between the ages of 40 and 60.\u003c/p>\n\u003cp>More than two-thirds of patients are diagnosed with profound mental disabilities, \u003ca href=\"https://www.documentcloud.org/documents/295214-factors-associated-with-living-in-developmental.html#document/p7/a45411\" target=\"_blank\">according to research\u003c/a> from UC San Francisco. The institutions have whole units for patients who are emotionally volatile, prone to striking themselves and others.\u003c/p>\n\u003cp>The disabled population adds greater complexity to criminal investigations. For a host of reasons, their observations can be tainted by fantasies and falsehoods. Their emotions veer from happy to inconsolable without warning. Patients slap and punch at their faces and legs, and at each other.\u003c/p>\n\u003cp>“They come to us after they’ve burned every bridge in the community,” said Erinn Kanney, a program manager at Fairview.\u003c/p>\n\u003cp>Outside of California, local or state police most often are responsible for investigating criminal cases at institutions. But city and county law enforcement agencies inside the state have not shown an interest in developmental center cases and don’t have funding to expand their scope, according to Delgadillo.\u003c/p>\n\u003cp>“Oftentimes, local law enforcement does not want to get involved,” said Delgadillo, who in the past has worked for the California Department of Corrections and Rehabilitation as a manager in the juvenile justice division.\u003c/p>\n\u003cp>Local police or sheriff’s deputies can act more independently than an internal police force responsible for probes into their colleagues and bosses, said Jane Hudson, senior staff attorney for the National Disability Rights Network, a patient advocacy organization\u003c/p>\n\u003cp>\u003ca name=\"quote\">\u003c/a>“If there’s a crime committed,” Hudson said, “you let the criminal investigators go in first rather than the institution bagging the bloody shirt.”\u003c/p>\n\u003cp>\u003cstrong>Delayed notification hinders investigations\u003c/strong>\u003c/p>\n\u003cp>Delays by the Office of Protective Services often make cases harder to solve.\u003c/p>\n\u003cp>\u003ca name=\"dozen\">\u003c/a>Although no public records exist showing how frequently the police force receives late notification of potential abuse cases, California Watch was able to identify at least a dozen incidents in which delays from 24 hours to several days occurred.\u003c/p>\n\u003cp>Forensic experts say the first hours following a crime are critical. A person walking through a crime scene can ruin fingerprints, DNA samples and other evidence, said Dennis Kilcoyne, a Los Angeles Police Department homicide detective. Witness statements can change with time, especially after they’ve conferred with others, he said.\u003c/p>\n\u003cp>“People’s emotions are in play, and they may say things that, after they’ve thought about it or consulted with an attorney, (they) won’t say a week from now,” said Kilcoyne, a 27-year veteran.\u003c/p>\n\u003cp>Delays have hurt criminal investigations and given the centers’ employees time to alter and destroy evidence, records and interviews show.\u003c/p>\n\u003cp>That’s what happened in the case of Timothy Lazzini, the 25-year-old quadriplegic patient with cerebral palsy, who coughed up a bloody glycerin swab at the Sonoma Developmental Center. He died from internal bleeding that night, Oct. 22, 2005.\u003c/p>\n\u003cp>Three swabs – each 4 inches long and twice as thick as a Q-tip – had torn Lazzini’s esophagus. He coughed out one, but two others remained lodged in his stomach, autopsy records show.\u003c/p>\n\u003cp>At that point in his life, Lazzini’s disabilities had left him mostly paralyzed, and he received food through a tube in his abdomen.\u003c/p>\n\u003cp>Someone at the developmental center likely put the swabs inside his mouth before he died. Dr. Ken Christensen, Lazzini’s doctor, told Office of Protective Services investigators that it was possible for Lazzini to swallow the swabs, but “it is unlikely for him to be able to pick it up and put it into his mouth.” The pathologist who performed Lazzini’s autopsy \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p13/a45403\" target=\"_blank\">noted the same thing\u003c/a>.\u003c/p>\n\u003cp>The Office of Protective Services assigned the case to a detective more than 24 hours after a caregiver discovered Lazzini bleeding from the mouth, the police file shows. By then, if any evidence was available at the scene, it was gone.\u003c/p>\n\u003cp>“\u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p17/a13\" target=\"_blank\">I noted the area was cleaned up\u003c/a>,” Rod Beck, the detective, wrote in his report. “I did not note G-swabs in the bedroom area and none were seen in the drawers of his dresser.”\u003c/p>\n\u003cp>The glycerin swabs are lemon flavored and intended to moisten a patient’s mouth, but caregivers were not supposed to use them on Lazzini, \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p18/a45405\" target=\"_blank\">according to the case file\u003c/a>. The patient did not have the physical ability to remove the swabs himself, one of Lazzini’s doctors told police.\u003c/p>\n\u003cp>During his \u003ca href=\"https://www.documentcloud.org/documents/243541-ops-lazzini.html#document/p37/a45407\" target=\"_blank\">interviews with caregivers\u003c/a>, Beck learned that some technicians had been using the glycerin swabs as a pacifier for Lazzini, putting them in his mouth when he “got vocal.”\u003c/p>\n\u003cp>Lazzini’s caregivers all denied ever putting swabs in his mouth, however. Only one of the seven questioned by police admitted to using them on any patient.\u003c/p>\n\u003cp>Records that might have proven otherwise were destroyed, according to the police report. Daily caregiver notes from the previous week went missing. Someone blacked out information in two separate logs documenting patient care on the day Sonoma employees discovered Lazzini bleeding.\u003c/p>\n\u003cp>“The initials were heavily lined out,” Beck wrote.\u003c/p>\n\u003cp>Mark Czworniak, a Chicago Police Department homicide detective, reviewed the Lazzini case file for California Watch. He said that without records, crime scene evidence or corroborating statements from witnesses, there is no way to link anyone to the swabs that killed Lazzini.\u003c/p>\n\u003cp>It might have been multiple caregivers, Czworniak wrote, “or a completely unobservant health care worker, supplying Timothy L. with the G-swab one after another, not noticing, or caring where each swab disappeared to, and not surmising that Timothy L. was swallowing them.”\u003c/p>\n\u003cp>Lazzini's sister, Stephanie Contreras, who lives in the Sonoma County town of Windsor, and other family members sued the state in 2006 over Lazzini’s death and settled two years later for $100,000.\u003c/p>\n\u003cp>The Department of Public Health also fined the Sonoma Developmental Center $90,000 in August 2007, citing “mistreatment, neglect or misappropriation of resident property” – the failure to prevent Lazzini from swallowing the swabs.\u003c/p>\n\u003cp>But the Office of Protective Services closed the Lazzini case without determining what had happened.\u003c/p>\n\u003cp>\u003cstrong>Oversight reorganized\u003c/strong>\u003c/p>\n\u003cp>For much of its history, the Office of Protective Services was fragmented, with officers reporting only to administrators at their own facility.\u003c/p>\n\u003cp>Then, after a \u003ca href=\"http://www.inclusiondaily.com/news/institutions/ca/sdc.htm\" target=\"_blank\">series of critical stories\u003c/a> about the Sonoma center in the local Index-Tribune newspaper, Sacramento officials took greater control of the Office of Protective Services. They created a statewide police chief and borrowed veteran officers from the California Highway Patrol to fill the job.\u003c/p>\n\u003cp>In 2006, the U.S. Justice Department’s Civil Rights Division criticized the care at Lanterman, in Pomona, in a letter sent to Gov. Arnold Schwarzenegger. They noted a failure to properly collect evidence, inadequate witness interviews, delays in beginning investigations and the inability to close unsolved cases.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/256286-justicedept-lanterman-findings.html#document/p4/a45408\" target=\"_blank\">The audit outlined\u003c/a> the case of a patient, identified only as A.Z., who died on Aug. 7, 2002. The federal audit did not include details of the case but said the patient “died of multiple blunt force trauma after being stomped repeatedly in his bedroom at Lanterman.”\u003c/p>\n\u003cp>The Office of Protective Services identified two suspects – the patient’s caregiver and a roommate. Although there was evidence pointing to both men, the audit said, Lanterman police concluded the roommate had committed the crime but was too mentally impaired to face charges.\u003c/p>\n\u003cp>“Regardless of who was responsible,” the auditors said, “the fact that A.Z. suffered severe pain and ultimately died at Lanterman, in spite of the state’s obligation to keep him safe, is deeply disturbing.”\u003c/p>\n\u003cp>Patricia Flannery, the state official responsible for developmental center operations, said Lanterman has remedied the deficiencies documented by the justice department. “We haven’t heard from them in two years,” she said.\u003c/p>\n\u003cp>During the Schwarzenegger administration, however, the Department of Developmental Services hired less-experienced candidates to run the police force.\u003c/p>\n\u003cp>In 2007, the department hired Nancy Irving, a longtime government labor mediator, analyst and program manager, as the force’s interim police chief. She had not been certified as a law enforcement officer.\u003c/p>\n\u003cp>The career path of Victor Davis is not unusual.\u003c/p>\n\u003cp>Davis started at Lanterman as a part-time psychiatric technician in 1989, working his way up to a supervising caregiver. In 1998, the Department of Developmental Services put him on the police force as an investigator, skipping him over two ranks of police officers despite his lack of law enforcement background.\u003c/p>\n\u003cp>Today, Davis is Lanterman’s commanding officer, in charge of all criminal investigations. Davis declined to comment in detail, and attempts to interview him during a tour of Lanterman were cut off by a top-level official with the department.\u003c/p>\n\u003cp>The police force in 2008 added its first policies on investigating abuse and neglect, closing investigations, responding to sex assault and responding to a crime scene or emergency. But policies on preserving evidence, managing investigations and collaborating with outside law enforcement remain unwritten to this day.\u003c/p>\n\u003cp>Detectives have not had the authority to send investigations to prosecutors themselves. In most police departments, officers and detectives begin working with prosecutors in the early stages of an investigation. Some district attorneys send their prosecutors to work hand in hand with police at crime scenes.\u003c/p>\n\u003cp>But the Office of Protective Services follows a different playbook. The agency’s manual states that detectives and commanders must clear cases with administrators and civil attorneys at the Sacramento headquarters before sharing cases with local police or prosecutors.\u003c/p>\n\u003cp>Delgadillo, director of the Department of Developmental Services for the past five years, said the police agency follows state standards for evidence collection.\u003c/p>\n\u003cp>Delgadillo said she has reorganized the force so that police commanders answer to Sacramento rather than local administrators at the centers. This move, which was fully enacted in 2007, is intended to protect against interference by employees and officials who might be implicated in wrongdoing, she said.\u003c/p>\n\u003cp>Delgadillo acknowledged the old policy had been a potential conflict of interest.\u003c/p>\n\u003cp>“They're reporting directly up to us to make sure that there's no conflict between the developmental center and the investigation that's actually being conducted,” Delgadillo said.\u003c/p>\n\u003cp>The department’s legal team exists to protect the state from civil liability claims, a fact that raises concerns among patient advocates and legal experts who say prosecutions and arrests for abuse of patients have taken a back seat.\u003c/p>\n\u003cp>Delgadillo said the Office of Protective Services submits cases to department lawyers first to ensure “the investigation and the information is as complete as possible.”\u003c/p>\n\u003cp>Since 2006, state regulators have confirmed 21 patient abuse cases and 173 injuries of unknown origin at the Lanterman Developmental Center in Pomona. But the Los Angeles County district attorney’s office said it is unable to find a single case referred by Lanterman investigators in the past decade.\u003c/p>\n\u003cp>And the head of the district attorney’s elder abuse and dependent adult section, Robin Allen, said she didn’t know the developmental center had its own officers and detectives. With more than 300 patients, Lanterman is one of the largest elder caregivers in Los Angeles County.\u003c/p>\n\u003cp>Department of Developmental Services officials provided California Watch with the case numbers for six incidents they claim had been forwarded to prosecutors in Los Angeles County. But the district attorney’s office said the case numbers didn’t match anything in their records.\u003c/p>\n\u003cp>Even cases of brazenly documented abuse have ended without criminal charges.\u003c/p>\n\u003cp>In 2005, a caregiver at Lanterman \u003ca href=\"https://www.documentcloud.org/documents/256224-scan0002.html\" target=\"_blank\">took a cell phone picture\u003c/a> of her co-worker with his hands wrapped around the neck of a 48-year-old male patient with mental disabilities.\u003c/p>\n\u003cp>In the photo, the patient’s “facial expression showed that he was not enjoying the action,” a state Department of Public Health inspector \u003ca href=\"https://www.documentcloud.org/documents/256224-scan0002.html#document/p2/a45410\" target=\"_blank\">wrote in a report\u003c/a> about the incident.\u003c/p>\n\u003cp>The photograph, taken May 5, 2005, was e-mailed to the phones of multiple Lanterman employees – itself a violation of patient privacy laws. Another caregiver witnessed the choking and anonymously reported it a week later in a letter to public health officials and Lanterman administrators.\u003c/p>\n\u003cp>But the Office of Protective Services did not arrest the employees involved or forward the case to prosecutors. Inspection records don’t say whether the caregivers were reprimanded or fired, but Lanterman itself was fined $800 by the Department of Public Health.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Ryan Gabrielson is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a>. CIR staff writers Agustin Armendariz, Emily Hartley and Michael Montgomery contributed to this report. This story was edited by Robert Salladay and Mark Katches. It was copy edited by Nikki Frick. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"soldout": {
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