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"content": "\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\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\u003cul>\n\u003cli>\u003ca href=\"http://www.pe.com/local-news/breaking-news-headlines/20120223-highland-woman-charged-with-smuggling-black-rhino-horns.ece\">HIGHLAND: Woman charged with smuggling black rhino horns\u003c/a> (Riverside Press Enterprise)\u003c/li>\n\u003cli>\u003ca href=\"http://www.inlandsocal.com/iguide/dining/dining-headlines/20120223-palm-desert-3rd-annual-food-and-wine-festival.ece\">PALM DESERT: 3rd Annual Food and Wine Festival\u003c/a> (Riverside Press Enterprise)\u003c/li>\n\u003cli>\u003ca title=\"L.A. County sheriff would back 'sensible' plan to issue driver's licenses to illegal immigrants\" href=\"http://www.latimes.com/news/local/la-me-baca-20120224,0,3308732.story\" target=\"_top\">L.A. County sheriff would back 'sensible' plan to issue driver's licenses to illegal immigrants\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"Number of deportation cases drops by nearly a third, report says\" href=\"http://www.latimes.com/news/local/la-me-deportation-drop-20120224,0,5847742.story\" target=\"_top\">Number of deportation cases drops by nearly a third, report says\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/24/us/salvadoran-may-be-deported-from-us-for-80-murders-of-americans.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/24/us/salvadoran-may-be-deported-from-us-for-80-murders-of-americans.html?emc=tnt&tntemail0=y\">Salvadoran May Be Deported From U.S. for ’80 Murders of Americans\u003c/a> (New York Times)\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\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>(AP) - A divided federal appeals court ruled Thursday that California law enforcement officials can keep collecting DNA samples from people arrested for felonies.\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals said law enforcement's interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.\u003c/p>\n\u003cp>The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.\u003c/p>\n\u003cp>The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.\u003c/p>\n\u003cp>The DNA samples are obtained with a swab of the cheek and stored in the state's DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The state Department of Justice said it has had roughly 20,000 \"hits\" connecting suspects with previous crimes since it began collecting the DNA profiles.\u003c/p>\n\u003cp>Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn't any more intrusive than fingerprinting.\u003c/p>\n\u003cp>\"Law enforcement officers analyze only enough DNA information to identify the individual, making DNA collection substantially similar to fingerprinting, which law enforcement officials have used for decades to identify arrestees, without serious constitutional objection,\" wrote Smith, who also said investigators are prohibited by law from misusing the database.\u003c/p>\n\u003cp>Judge William Fletcher dissented, writing that fingerprinting a suspect is done exclusively for identification purposes. The DNA samples, he wrote, \"are taken solely for an investigative purpose, without a warrant or reasonable suspicion.\"\u003c/p>\n\u003cp>Fletcher noted that one-third of the 300,000 people arrested in the state for felonies each year are never charged with felonies. He said the state's offer to remove those samples from the database for those who apply is onerous.\u003c/p>\n\u003cp>\"Expungement is a lengthy, uncertain and expensive process, Fletcher said. \"Arrestees seeking expungement must pay their own expenses and attorney's fees.\"\u003c/p>\n\u003cp>Fletcher said he believed the privacy rights of arrestees never charged with felonies should trump law enforcement's need to collect to the DNA.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The same issue is also making its way through the state court system. A Court of Appeal decision striking down the collection as unconstitutional was put on hold when the California Supreme Court agreed to hear the case.\u003c/p>\n\n",
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"content": "\u003cfigure id=\"attachment_57409\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/charleshillshooting.jpg\">\u003cimg class=\"size-medium wp-image-57409\" title=\"charleshillshooting\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/charleshillshooting-300x225.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Still from surveillance video released by BART of the July 3, 2011 incident.\u003c/figcaption>\u003c/figure>\n\u003cp>A civil rights attorney says he is unmoved by official accounts of why a BART policeman shot a homeless man dead, and will sue the transit agency anyway.\u003c/p>\n\u003cp>In a \u003ca href=\"http://www.ktvu.com/news/news/sf-da-bart-officer-acted-lawfully-fatal-civic-cent/nJQwr/\">report made public Tuesday\u003c/a>, San Francisco District Attorney George Gascón cleared BART police officer James Crowell of criminal wrongdoing, finding no grounds to charge him. Crowell fatally shot the homeless man, Charles Hill, during a confrontation in July 2011 at the Civic Center station.\u003c/p>\n\u003cp>Oakland-based attorney John Burris is representing Hill's family, filing a wrongful death and civil rights lawsuit over the death. \"Our view is that excessive force was used,\" Burris says. \"Deadly force was not justified at the time.\"\u003c/p>\n\u003cp>The D.A.'s report says Officer Crowell \"acted lawfully in self-defense\" when Hill allegedly advanced on him and another officer with a knife. It also states that toxicology tests found a significant amount of drugs in Hill's system: alcohol, marijuana and a \"significant amount\" of methamphetamine. The toxicologist said that he has \"rarely seen living people with Methamphetamine present in their bodies at the level he saw in Hill's body,\" according to the report. In combination, these drugs have a compound effect, purportedly amping up Hill's aggressive, erratic behavior. \u003c/p>\n\u003caside class=\"pullquote alignleft\"> The toxicologist said that he has rarely seen living people with Methamphetamine present in their bodies at the level he saw in Hill's body. \u003c/aside>\n\u003cp>Burris has a long record of prosecuting police agencies over allegedly heavy-handed behavior. He says only once has he seen a district attorney's office charge a police officer for shooting someone. As it turns out, that someone was \u003ca href=\"http://ww2.kqed.org/news/tag/oscar-grant/\">Oscar Grant\u003c/a>, shot dead on New Year's Day 2009 by former BART Police Officer. Johannes Mehserle. A jury in Los Angeles convicted Mehserle of involuntary manslaughter in July 2010.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Burris concedes that Hill was drunk and clearly acting bizarrely, but the officers who responded, including Officer. Crowell, should have done a better job of easing the tensions on-scene rather than shooting Hill. \"D.A. offices are very reluctant to prosecute police officers,\" Burris says, \"and they look for ways to justify the officer's conduct. So it's not surprising.\"\u003c/p>\n\n",
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"content": "\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\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\u003cul>\n\u003cli>\u003ca title=\"Beck backs driver's licenses for illegal immigrants\" href=\"http://www.latimes.com/news/local/la-me-0223-beck-licenses-20120222,0,2763942.story\" target=\"_top\">Beck backs driver's licenses for illegal immigrants\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"UC Davis officials sued over pepper spraying\" href=\"http://www.latimes.com/news/local/la-me-0223-uc-davis-20120223,0,7874460.story\" target=\"_top\">UC Davis officials sued over pepper spraying\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/23/technology/google-glasses-will-be-powered-by-android.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/23/technology/google-glasses-will-be-powered-by-android.html?emc=tnt&tntemail0=y\">Google Glasses Will Be Powered by Android\u003c/a> (New York Times)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/AP227afb989e9d4577bfa75c84bcdb50f0.html?KEYWORDS=California\">Lawsuit says ambulance firm dissected man's brain\u003c/a> (Wall Street Journal)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/SB10001424052970203358704577237572607303882.html?KEYWORDS=California\">Hearsay May Prove Pivotal in San Francisco Case\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\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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\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\u003cul>\n\u003cli>\u003ca title=\"Beck backs driver's licenses for illegal immigrants\" href=\"http://www.latimes.com/news/local/la-me-0223-beck-licenses-20120222,0,2763942.story\" target=\"_top\">Beck backs driver's licenses for illegal immigrants\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"UC Davis officials sued over pepper spraying\" href=\"http://www.latimes.com/news/local/la-me-0223-uc-davis-20120223,0,7874460.story\" target=\"_top\">UC Davis officials sued over pepper spraying\u003c/a> (Los Angeles Times)\u003c/li>\n\u003cli>\u003ca title=\"http://www.nytimes.com/2012/02/23/technology/google-glasses-will-be-powered-by-android.html?emc=tnt&tntemail0=y\" href=\"http://www.nytimes.com/2012/02/23/technology/google-glasses-will-be-powered-by-android.html?emc=tnt&tntemail0=y\">Google Glasses Will Be Powered by Android\u003c/a> (New York Times)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/AP227afb989e9d4577bfa75c84bcdb50f0.html?KEYWORDS=California\">Lawsuit says ambulance firm dissected man's brain\u003c/a> (Wall Street Journal)\u003c/li>\n\u003cli>\u003ca href=\"http://online.wsj.com/article/SB10001424052970203358704577237572607303882.html?KEYWORDS=California\">Hearsay May Prove Pivotal in San Francisco Case\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\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Analysis of Prop 8 \u003ci>En Banc\u003c/i> Filing: Proponents Looking For Stronger Dissent to Take to SCOTUS",
"title": "Analysis of Prop 8 \u003ci>En Banc\u003c/i> Filing: Proponents Looking For Stronger Dissent to Take to SCOTUS",
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"content": "\u003cfigure id=\"attachment_57193\" class=\"wp-caption alignright\" style=\"max-width: 180px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\">\u003cimg class=\"size-full wp-image-57193\" title=\"Prop8Sm\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\" alt=\"Prop 8\" width=\"180\" height=\"122\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters at a 2011 hearing on Prop 8. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Proponents of Proposition 8, California's same-sex marriage ban, have asked the 9th Circuit Court of Appeals for an en banc review of a ruling by a three-judge panel upholding a lower court's striking down the law as unconstitutional. \u003c/p>\n\u003cp>An en banc panel is made up of 11 judges, chosen at random from the circuit.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8_EnBanc_Petition.pdf\">Read the petition for an en banc panel here\u003c/a>.\u003c/p>\n\u003cp>Earlier today, KQED's Scott Shafer talked to Hastings law professor Rory Little about the procedure for and the legal strategy behind asking for an en banc panel. Edited transcript \u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>Explain the en banc process. \u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong> \u003c/p>\n\u003cp>Normally the filing is styled as a petition for a rehearing or for a rehearing en banc. A rehearing by the original panel is not granted very often. It's possible that the original panel either determines that the petitioners have shown an obvious error, so we don't need to go en banc because we can correct it ourselves, or the panel will sometimes adjust their opinion trying to head off an en banc. They're not likely to consider granting a rehearing of their own, but you never know. \u003c/p>\n\u003cp>In a case like this, almost certainly the panel will refer it to the en banc court. It would then go to a judge who's called the en banc coordinator. That coordinator will send it out and say here's a petition for rehearing en banc – and they get a ton of these. But this one will get special attention. \u003c/p>\n\u003cp>A majority of active judges in the circuit needs to grant an en banc hearing. That's 13 votes, which is very hard to get in a circuit that has 7,000 – 8,000 appeals filed a year. They grant maybe 15-20 en bancs a year.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think [Prop 8 proponents] are pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/aside>\n\u003cp>The Supreme Court has said more than once that the 9th circuit ought to use its en banc power to clear up problematic decisions before the cases get to us. Then there are other judges who believe that if a case is an outlier, it's the Supreme Court's job to clear it up, not the en banc court. \u003c/p>\n\u003cp>Here's the kind of case that's always granted en banc: a case in which different panels of the 9th circuit have reached opposite conclusions, meaning an intra-circuit conflict. This case is not going to have any intra-circuit conflicts associated with it. The other kind of case is an inter-circuit conflict, where the opinion of the panel conflicts with opinions from other circuits. \u003c/p>\n\u003cp>The Prop 8 backers will assert that the panel's opinion conflicts with Supreme Court authority. The other thing they'll say is this is a matter of exceptional importance, even though it's a California case, because it's a huge state and also because parts of the panel's opinion cannot be limited to California. For example, the panel's rejecting the pro-Prop 8 rationale for the law as not having a rational basis is not restricted to California. That rational basis analysis, you would think, applies to virtually any gay rights case. \u003c/p>\n\u003cp>There are judges on the circuit who believe that if there's an inter-circuit conflict, that's not a job for the en banc court, it's a job for the Supreme Court. But the Supreme Court, frankly, believes that 9th circuit panels generate more outlier decisions, and that a number of decisions every year are obviously incorrect. So they think these cases should be handled by the circuit en banc and not by the Supreme Court in a summary reversal. Every year a large number of summary reversals by the Supreme Court are from the 9th circuit. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>What’s the legal strategy in asking for an en banc panel? The en banc panel is chosen at random, so it's a bit of a crapshoot, isn't it?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>The strategy is that if they ask for en banc and it's denied, then in a sense they've exhausted all the remedies, and it makes it a slightly stronger case for Supreme Court review. Because the Supreme Court often says 'why didn't you ask for an en banc hearing?' \u003c/p>\n\u003cp>Secondly, my guess is they believe they would do better if the right judges were put on the en banc panel. If they get \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=1803&cid=999&ctype=na&instate=na\">O`Scannlain\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=2981&cid=999&ctype=na&instate=na\">Bybee\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=3121&cid=999&ctype=na&instate=na\">Ikuta\u003c/a> my guess is they might get a stronger dissent. \u003c/p>\n\u003cp>I think they're pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\" \u003c/p>\n\u003cp>Here's the best result for proponents: They don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers. \u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>In terms of timing, do new briefs have to be filed with the en banc panel?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>They do not have to have a second round of briefing. There are circuits that routinely do en banc without new briefs being filed. The 9th Circuit has tended to ask for a new en banc briefing, because sometimes the cases on which they grant en banc haven't been briefed very well, frankly. But that's hard to say in this case. \u003c/p>\n\u003cp>There will be people really strategically maneuvering within the court on this one, on both sides. 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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_57193\" class=\"wp-caption alignright\" style=\"max-width: 180px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\">\u003cimg class=\"size-full wp-image-57193\" title=\"Prop8Sm\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8Sm.jpg\" alt=\"Prop 8\" width=\"180\" height=\"122\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters at a 2011 hearing on Prop 8. (Photo: Scott Shafer/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Proponents of Proposition 8, California's same-sex marriage ban, have asked the 9th Circuit Court of Appeals for an en banc review of a ruling by a three-judge panel upholding a lower court's striking down the law as unconstitutional. \u003c/p>\n\u003cp>An en banc panel is made up of 11 judges, chosen at random from the circuit.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/Prop8_EnBanc_Petition.pdf\">Read the petition for an en banc panel here\u003c/a>.\u003c/p>\n\u003cp>Earlier today, KQED's Scott Shafer talked to Hastings law professor Rory Little about the procedure for and the legal strategy behind asking for an en banc panel. Edited transcript \u003c/p>\n\u003cblockquote>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>Explain the en banc process. \u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong> \u003c/p>\n\u003cp>Normally the filing is styled as a petition for a rehearing or for a rehearing en banc. A rehearing by the original panel is not granted very often. It's possible that the original panel either determines that the petitioners have shown an obvious error, so we don't need to go en banc because we can correct it ourselves, or the panel will sometimes adjust their opinion trying to head off an en banc. They're not likely to consider granting a rehearing of their own, but you never know. \u003c/p>\n\u003cp>In a case like this, almost certainly the panel will refer it to the en banc court. It would then go to a judge who's called the en banc coordinator. That coordinator will send it out and say here's a petition for rehearing en banc – and they get a ton of these. But this one will get special attention. \u003c/p>\n\u003cp>A majority of active judges in the circuit needs to grant an en banc hearing. That's 13 votes, which is very hard to get in a circuit that has 7,000 – 8,000 appeals filed a year. They grant maybe 15-20 en bancs a year.\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think [Prop 8 proponents] are pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\"\u003c/aside>\n\u003cp>The Supreme Court has said more than once that the 9th circuit ought to use its en banc power to clear up problematic decisions before the cases get to us. Then there are other judges who believe that if a case is an outlier, it's the Supreme Court's job to clear it up, not the en banc court. \u003c/p>\n\u003cp>Here's the kind of case that's always granted en banc: a case in which different panels of the 9th circuit have reached opposite conclusions, meaning an intra-circuit conflict. This case is not going to have any intra-circuit conflicts associated with it. The other kind of case is an inter-circuit conflict, where the opinion of the panel conflicts with opinions from other circuits. \u003c/p>\n\u003cp>The Prop 8 backers will assert that the panel's opinion conflicts with Supreme Court authority. The other thing they'll say is this is a matter of exceptional importance, even though it's a California case, because it's a huge state and also because parts of the panel's opinion cannot be limited to California. For example, the panel's rejecting the pro-Prop 8 rationale for the law as not having a rational basis is not restricted to California. That rational basis analysis, you would think, applies to virtually any gay rights case. \u003c/p>\n\u003cp>There are judges on the circuit who believe that if there's an inter-circuit conflict, that's not a job for the en banc court, it's a job for the Supreme Court. But the Supreme Court, frankly, believes that 9th circuit panels generate more outlier decisions, and that a number of decisions every year are obviously incorrect. So they think these cases should be handled by the circuit en banc and not by the Supreme Court in a summary reversal. Every year a large number of summary reversals by the Supreme Court are from the 9th circuit. \u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>What’s the legal strategy in asking for an en banc panel? The en banc panel is chosen at random, so it's a bit of a crapshoot, isn't it?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>The strategy is that if they ask for en banc and it's denied, then in a sense they've exhausted all the remedies, and it makes it a slightly stronger case for Supreme Court review. Because the Supreme Court often says 'why didn't you ask for an en banc hearing?' \u003c/p>\n\u003cp>Secondly, my guess is they believe they would do better if the right judges were put on the en banc panel. If they get \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=1803&cid=999&ctype=na&instate=na\">O`Scannlain\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=2981&cid=999&ctype=na&instate=na\">Bybee\u003c/a> or \u003ca href=\"http://www.fjc.gov/servlet/nGetInfo?jid=3121&cid=999&ctype=na&instate=na\">Ikuta\u003c/a> my guess is they might get a stronger dissent. \u003c/p>\n\u003cp>I think they're pretty disappointed with Judge Smith's dissent, which was not a ringing Scalia-like forceful \"this is wrong.\" It was more like \"we should be cautious, although there are a lot of good points here.\" \u003c/p>\n\u003cp>Here's the best result for proponents: They don't get enough votes for en banc, but they get a forceful dissent from the denial of en banc from O`Scannlain and Bybee and whoever they can pick up, which they can then use as their petition to the Supreme Court. Bybee and O`Scannlain have had a number of cases granted in the last five years from their dissents from en banc. Those guys are in the business of writing cert petitions, basically. And they're powerful writers. \u003c/p>\n\u003cp>\u003cstrong>Scott Shafer\u003c/strong>\u003c/p>\n\u003cp>In terms of timing, do new briefs have to be filed with the en banc panel?\u003c/p>\n\u003cp>\u003cstrong>Rory Little\u003c/strong>\u003c/p>\n\u003cp>They do not have to have a second round of briefing. There are circuits that routinely do en banc without new briefs being filed. The 9th Circuit has tended to ask for a new en banc briefing, because sometimes the cases on which they grant en banc haven't been briefed very well, frankly. But that's hard to say in this case. \u003c/p>\n\u003cp>There will be people really strategically maneuvering within the court on this one, on both sides. There is an argument that says, fine, let's re-hear it en banc, and now we'll get eight judges to say it's unconstitutional instead of just two.\n \u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Hundreds Protest at San Quentin",
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"content": "\u003cp>(Bay City News) Hundreds of people have gathered outside San Quentin State Prison this afternoon for a protest that organizers are calling historic because they say it merges the Occupy and prisoners' rights movements.\u003c/p>\n\u003cfigure id=\"attachment_57131\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/sanquentin.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/sanquentin-300x225.jpg\" alt=\"\" title=\"sanquentin\" width=\"300\" height=\"225\" class=\"size-medium wp-image-57131\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: Mina Kim/KQED\u003c/figcaption>\u003c/figure>\n\u003cp>Between 600 and 700 demonstrators were protesting peacefully outside the prison's East Gate as of 2 p.m., according to the Marin County Sheriff's Office.\u003c/p>\n\u003cp>The protest began at noon and was scheduled to continue until 3 p.m. A prison spokesman said San Quentin is on lockdown and that prisoners are being kept in their cells.\u003c/p>\n\u003cp>Organizer Barbara Becnel said the protesters are calling for a number of reforms, including the elimination of solitary confinement, the death penalty and California's \"three strikes\" law, and an end to the practice of trying some juveniles as adults.\u003c/p>\n\u003cp>The crowd included activists Sara Shourd, Shane Bauer and Josh Fattal, who served time in an Iranian prison after being arrested by Iranian authorities while hiking along the Iraq border in July 2009.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Shourd was freed in September 2010, and Bauer and Fattal were released about a year later.\u003c/p>\n\u003cp>Speaking at today's rally, Shourd said, \"The prison officials say they need more time to end solitary confinement ... I say we need to keep the pressure on and we need to end solitary confinement now.\"\u003c/p>\n\u003cp>Bectel said the protesters have already achieved one of their goals: bringing the Occupy movement and the prisoners' rights movement together.\u003cbr>\n\u003ca href=\"http://occupyoakland.org/2012/02/national-occupy-day-in-support-of-prisoners-san-quentin-state-prison-monday-february-20-2012-presidents-day-1200-to-300-pm/\">\u003cbr>\nOccupy Oakland's website\u003c/a> encourages its members to participate and lists carpool information for those who planned to attend.\u003c/p>\n\u003cp>She said the San Quentin rally is one of 15 taking place today at prisons throughout the country -- including in New York, Baltimore and Boston -- as part of National Occupy Day in Support of Prisoners.\u003c/p>\n\u003cp>The groups are seeking change at both the state and federal levels, and are planning an \"Occupy the Justice Department\" action in Washington, D.C., on April 24.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Authorities have shut down the Interstate Highway 580 on- and off-ramps at East Francisco Boulevard while the protest continues. \u003c/p>\n\n",
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"description": "(Bay City News) Hundreds of people have gathered outside San Quentin State Prison this afternoon for a protest that organizers are calling historic because they say it merges the Occupy and prisoners' rights movements. Between 600 and 700 demonstrators were protesting peacefully outside the prison's East Gate as of 2 p.m., according to the Marin",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) Hundreds of people have gathered outside San Quentin State Prison this afternoon for a protest that organizers are calling historic because they say it merges the Occupy and prisoners' rights movements.\u003c/p>\n\u003cfigure id=\"attachment_57131\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/sanquentin.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/sanquentin-300x225.jpg\" alt=\"\" title=\"sanquentin\" width=\"300\" height=\"225\" class=\"size-medium wp-image-57131\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: Mina Kim/KQED\u003c/figcaption>\u003c/figure>\n\u003cp>Between 600 and 700 demonstrators were protesting peacefully outside the prison's East Gate as of 2 p.m., according to the Marin County Sheriff's Office.\u003c/p>\n\u003cp>The protest began at noon and was scheduled to continue until 3 p.m. A prison spokesman said San Quentin is on lockdown and that prisoners are being kept in their cells.\u003c/p>\n\u003cp>Organizer Barbara Becnel said the protesters are calling for a number of reforms, including the elimination of solitary confinement, the death penalty and California's \"three strikes\" law, and an end to the practice of trying some juveniles as adults.\u003c/p>\n\u003cp>The crowd included activists Sara Shourd, Shane Bauer and Josh Fattal, who served time in an Iranian prison after being arrested by Iranian authorities while hiking along the Iraq border in July 2009.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Shourd was freed in September 2010, and Bauer and Fattal were released about a year later.\u003c/p>\n\u003cp>Speaking at today's rally, Shourd said, \"The prison officials say they need more time to end solitary confinement ... I say we need to keep the pressure on and we need to end solitary confinement now.\"\u003c/p>\n\u003cp>Bectel said the protesters have already achieved one of their goals: bringing the Occupy movement and the prisoners' rights movement together.\u003cbr>\n\u003ca href=\"http://occupyoakland.org/2012/02/national-occupy-day-in-support-of-prisoners-san-quentin-state-prison-monday-february-20-2012-presidents-day-1200-to-300-pm/\">\u003cbr>\nOccupy Oakland's website\u003c/a> encourages its members to participate and lists carpool information for those who planned to attend.\u003c/p>\n\u003cp>She said the San Quentin rally is one of 15 taking place today at prisons throughout the country -- including in New York, Baltimore and Boston -- as part of National Occupy Day in Support of Prisoners.\u003c/p>\n\u003cp>The groups are seeking change at both the state and federal levels, and are planning an \"Occupy the Justice Department\" action in Washington, D.C., on April 24.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Authorities have shut down the Interstate Highway 580 on- and off-ramps at East Francisco Boulevard while the protest continues. \u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "In Mendocino County, a Sheriff's Department Split Over Marijuana Permitting",
"title": "In Mendocino County, a Sheriff's Department Split Over Marijuana Permitting",
"headTitle": "News Fix | KQED News",
"content": "\u003cfigure id=\"attachment_57069\" class=\"wp-caption alignright\" style=\"max-width: 238px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/cohen-4.jpg\">\u003cimg class=\"size-medium wp-image-57069\" title=\"cohen 4\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/cohen-4-238x300.jpg\" alt=\"\" width=\"238\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Medical marijuana grower Matthew Cohen examines plants at his Mendocino County farm before a raid by federal drug agents last year. (Michael Montgomery/California Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>Last Tuesday the Mendocino County Board of Supervisors voted to \u003ca href=\"http://www.npr.org/2012/02/13/146826169/mendocino-ending-its-medical-marijuana-experiment\">end a unique program\u003c/a> that placed medical marijuana cultivation under the supervision of the sheriff’s department, approving a \u003ca href=\"http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCwQFjAB&url=http%3A%2F%2Fwww.mendocinosheriff.com%2Fmm%2F931SheriffsSummary.pdf&ei=MrRCT86yOsSWiQKfzuDSAQ&usg=AFQjCNGsin9PsGlFzLlISkKNqH-jYT4x4w&sig2=dQ86nnOA1jxjBacKxkmF6g\">watered down version of the ordinance\u003c/a> (pdf), known as 9.31, instead.\u003c/p>\n\u003cp>The permit program was the first of its kind in the nation, but it ran afoul of the federal Controlled Substances Act. At least, that’s how US Attorney Melinda Haag’s office saw it. She warned the county that it faced litigation if the program continued, forcing the county’s hand.\u003c/p>\n\u003cp>But it’s not just federal law enforcement that opposed the effort. Mendocino’s own sheriff’s department has been deeply divided over whether to authorize pot growers, even if they are in compliance with state medical marijuana laws and county regulations.\u003c/p>\n\u003cp>Recently, I spoke with Mendocino County Sheriff Tom Allman, a strong advocate of the program. While several active deputies have spoken privately about their hostility toward 9.31 and their general view that medical marijuana is a sham, none has been willing to talk on the record. I did, however speak with retired sheriff’s lieutenant Rusty Noe, who did not support the permitting effort while he was head of the department’s investigations unit.\u003c/p>\n\u003ch2>First, here's an edited transcript of my \u003cstrong>interview with Sheriff Tom Allman\u003c/strong>, who worked closely with some growers to come into \u003ca href=\"http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CEEQFjAE&url=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%26esrc%3Ds%26source%3Dweb%26cd%3D5%26ved%3D0CEEQFjAE%26url%3Dhttp%253A%252F%252Fwww.sonomacountyduilawyer.com%252Fpdf%252FmendosheriffreqtsCompliance2010.pdf%26ei%3DrLlCT42kBKWPigKExtiqAQ%26usg%3DAFQjCNHAv4bt6s5nE8DuA9PEkdaX4MtSAA%26sig2%3Dm6zMN06PUV5-gE-ke-EClA&ei=rLlCT42kBKWPigKExtiqAQ&usg=AFQjCNHAv4bt6s5nE8DuA9PEkdaX4MtSAA&sig2=m6zMN06PUV5-gE-ke-EClA\">compliance\u003c/a> with the program. Stipulations included limitations on cultivation locations; limitations on noise, odor, and lighting; fencing requirements, and additional conditions.\u003c/h2>\n\u003cp>\u003cstrong>Michael Montgomery: What did the program accomplish?\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Sheriff Allman: What Mendocino County was able to accomplish with the program known as 9.31 was that it allowed people who have been underground in the past to come forward and legitimize their medical marijuana operations. And at the same time pay a substantial amount of money to government for the purpose of inspections on a monthly basis.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>I'm surprised, based on some of the statements that President Obama and Attorney General Holder have made... that those comments are so contrary to the actions of the US attorneys.\u003c/p>\n\u003c/aside>\n\u003cp>It also allowed us to comply with former Attorney General Jerry Brown's guidelines of allowing government to oversee marijuana cooperatives. Attorney General Brown was very generous in his opinion of allowing government to step in and say if you're going to have medical marijuana and it has an effect on government operations, then you should be able to get reimbursed for it.\u003c/p>\n\u003cp>Anyone who says medical marijuana doesn’t have an impact on local law enforcement, I would gladly debate. 9.31 allowed us to clearly document and clearly inspect and clearly have an idea of where the medical marijuana was being cultivated, so that we didn't have to send a bunch of deputies to every location every time someone called something in.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Talk about the culture shift, the idea that the program created this different relationship between growers and law enforcement... \u003c/strong>\u003c/p>\n\u003cp>There was clearly a shift. There are people who are pro-marijuana and people who are anti-marijuana. \u003ca href=\"http://ballotpedia.org/wiki/index.php/California_Proposition_215,_the_Medical_Marijuana_Initiative_%281996%29\">Proposition 215\u003c/a> put law enforcement in the middle. I'm not for it, I'm not against it; it's part of the law.\u003c/p>\n\u003cp>No one ever asks me what I think about the speed limit; they just say go out and enforce it. No one every asks whether I like medical marijuana or not; neither side wants to hear my answer. They just want to hear me as sheriff say I have an understanding of what the law is, and that we are going to make the law work as the courts, the judicial branch and the legislative branch have intended it to work. That's what 9.31 accomplished.\u003c/p>\n\u003cp>There are 16 states and the District of Columbia that have said in one way or another that we will deal with medical marijuana. But there's not a consistent law throughout our nation of what medical marijuana is. So there's this huge amount of confusion; you can call it a gray area , you can call it a lack of intestinal fortitude from the legislative branch. Call it whatever you want. But I'm calling it confusion as far as law enforcement goes.\u003c/p>\n\u003cp>We don't get up in the morning and say we want to violate someone's rights. What we do is say let's go enforce the law.\u003c/p>\n\u003cp>9.31 very clearly was allowing us to protect the rights of legitimate medical marijuana growers and enforce the law against those who were growing outside the boundaries of 9.31, cultivating a huge amount of crops.\u003c/p>\n\u003cp>When people hear the words Mendocino County they immediately think of marijuana. I want to remind people that last year alone Mendocino County eradicated almost 650,000 marijuana plants. So we're not embracing marijuana, saying bring us your sick, your ill, and your people who have sore shoulders. I don’t' want people to move to Mendocino County for the purpose of growing medical marijuana.\u003c/p>\n\u003cp>What we're doing is looking at what the legislative branch and the judicial branch through its interpretation of the law, and in this situation the voters, have given us. And we're trying to figure out a way to make it work.\u003c/p>\n\u003cp>\u003cstrong>Some people, including some of your own officers, say this whole effort was doomed to fail. What do you say to the idea that it never should have even been tried?\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">Protecting the rights of our citizens does not depend on whether my deputies are happy or unhappy about it.\u003c/aside>\n\u003cp>I say that if somebody can come up with a better idea, I am here 24-7. But we're not going to come up with an answer that everyone's going to embrace. If you look at where we are now in 2012 and in California where we were in 1996 when Prop 215 was enacted, things are being accepted now that never would have been accepted then.\u003c/p>\n\u003cp>We're trying to hone the rough edges of this problem, and get to the point where people say its palatable.\u003c/p>\n\u003cp>We're not going to come up with an answer that 80% of the people agree with. We're going to come up with a solution that 51% of our voters say 'that's a solution I can live with.' And once we get to that point we can deal with some other issues.\u003c/p>\n\u003cp>\u003cstrong>Were you surprised to find the US Attorney had threatened the county with civil action? \u003c/strong>\u003c/p>\n\u003cp>I'm surprised, based on some of the statements that President Obama and Attorney General Holder have made at the national level, that those comments are so contrary to the actions of the US attorneys.\u003c/p>\n\u003cp>Because I've had US attorneys in this office sitting in that chair right there assuring me that any legitimate medical marijuana program that Mendocino County adopts will be accepted by the US attorney. However, that person's not a US attorney anymore. So we've got a group of four US Attorneys whom I respect, and Melinda Haag -- she and I have had many conversations about other topics that we respect each other on.\u003c/p>\n\u003cp>As far as marijuana goes, I saw her last week and I merely said we can agree to disagree. But I said that this step that the US Attorney's Office took in California, in my humble opinion as an elected sheriff, was a step backwards. We're further away from a solution today than we were two months ago.\u003c/p>\n\u003cp>\u003cstrong>Does part of you feel that all the work you've done on this was for nothing?\u003c/strong>\u003c/p>\n\u003cp>Not at all. Because I absolutely believe that in the next 8, 10, or 12 months, we're going to get to the point where people say: you know, Mendocino county, you weren't wrong. You were doing it within the boundaries of the law, and we're going to get these files out, blow the dust off the zip ties, and say for 2013 let's take care of the problems we had from 2011. History will show 2012 as a 12-month hiatus in progress.\u003c/p>\n\u003cp>\u003cstrong>How can the county get around the line that the federal government has drawn? \u003c/strong>\u003c/p>\n\u003cp>The one consistent thing we can agree on about marijuana is that the situation is ever-changing. The highest law in the land as we know it is our constitution. We pay nine US justices to interpret that constitution. The best wish I have is for the Supreme Court to interpret the constitution to give these 16 states and the District of Columbia a clear direction. Because if there's one thing that's lacking from this whole conversation, it's a clear direction at a national level.\u003c/p>\n\u003cp>\u003cstrong>Do you think this move by the county to back away from the program will heal some of the rifts within your own department? You have plenty of deputies that don’t' like the program…\u003c/strong>\u003c/p>\n\u003cp>That hasn't been part of my thought process. I understand what my role is, as an elected sheriff in a rural county in California. That's to fairly enforce the law, protect the rights of my citizens, and to make sure justice is carried out. Protecting the rights of our citizens does not depend on whether my deputies are happy or unhappy about it.\u003c/p>\n\u003cp>As I've said many times, I've never smoked marijuana in my entire life, but if 57% of the voters in California have said legitimate medical marijuana will be respected, am I going to say that my deputies don’t think they should respect it so we're not going to? No. And if the voters say well we want a sheriff who goes against marijuana, in 2014 they'll have a chance at that.\u003c/p>\n\u003cp>As a sheriff, the constitution reigns. Until someone says that Prop 215 is contrary to the constitution, then we're going to continue respecting the rights of legitimate medical marijuana caregivers.\u003c/p>\n\u003cp>\u003cstrong>Was it hard for you to see the rights of one of your citizens arguably trampled? I’m referring to the \u003ca href=\"http://ww2.kqed.org/news/2011/10/13/mendocino-county-raid-has-marijuana-advocates-riled/\">DEA raid on Matt Cohen's Northstone Organics\u003c/a>.\u003c/strong>\u003c/p>\n\u003cp>It disturbed me. It made me a little bit distrustful, because of one of the US attorneys sitting in this office saying we are going to respect the rights of legitimate medical marijuana caregivers in Mendocino County if they're compliant with our guidelines.\u003c/p>\n\u003cp>If the US Attorney 's office had come to me and said hey, we'd like to see this person's file, we would have had a little negotiation, but ultimately I would have sat down with them and said this is what we're doing. If you guys want to go along with us on one of our inspections maybe that could have been worked out.\u003c/p>\n\u003cp>I totally respect the US Attorney's office and the US Attorney General, but I'm hoping that this wasn't intentional saber-rattling -- if we show Mendocino County we mean business, then all of these other counties will back off.\u003c/p>\n\u003cp>Really? Then if that's the will of the legislative and judicial branch, then bring it on. Tell us what the law is. But it's very important that we understand the executive branch, and a prosecuting attorney is part of the executive branch.\u003c/p>\n\u003cp>We don't make the law; we don’t' interpret the law. We enforce the law. And if they're going to come in and enforce federal law, they have my blessing to do so in my county -- they don’t' need it, actually. But I'm asking them to follow through. If they come up and in the name of the federal government eradicate marijuana, then push it all the way up. Maybe this is a case that's going to get to our nine justices and we're going to have an answer. But we're not going to have an answer in 2012.\u003c/p>\n\u003cp>Law enforcement wants clear direction.\u003c/p>\n\u003ch2>Now here's an edited transcript of my \u003cstrong>interview with retired lieutenant Rusty Noe\u003c/strong>, who opposes 9.31.\u003c/h2>\n\u003cp>\u003cstrong>Michael Montgomery: A lot of growers thought 9.31 was really a success, and it was a tragedy that the program has to be ended. But what is the view of you and other law enforcement ? \u003c/strong>\u003c/p>\n\u003cp>Rusty Noe: Marijuana's illegal. When you take the oath and you swear to the badge, you uphold the law, you don't get to pick and choose what the law is. As far as I'm concerned, the board of supervisors can pretty much do what they want, and it's an accepted practice in this area and several other areas around us that marijuana's okay. But it's not. It's against the law. Whether its' federal or state laws on the books that makes it illegal.\u003c/p>\n\u003cp>\u003cstrong>What about the argument that this program was meant to help law enforcement distinguish between legal medical marijuana and illegal marijuana so it could use limited resources to focus on the big growers.\u003c/strong>\u003c/p>\n\u003cp>Well I understand that. But 9.31 is allowing cooperatives, and all these cooperatives are is just a license to grow a lot of dope. You can be a cooperative, and I don't really understand all the ways that the laws are written – they're unclear. But if you are going to be a part of a cooperative, seems to me that you should not benefit financially. If sick people need marijuana, I'm all for it. I have no problem with that.\u003c/p>\n\u003caside class=\"pullquote alignleft\">It's an accepted practice in this area and several other areas around us that marijuana's okay. But it's not. It's against the law.\u003c/aside>\n\u003cp>But 99 plants, given the way they grow up here, that's far more than anybody's' cooperative should realize. Then you've got people like Matt Cohen -- what is the difference between someone who takes methamphetamine and transports it to San Francisco and Cohen, who transports it to San Francisco and sells it?\u003c/p>\n\u003cp>You've got these cooperatives and the primary role is to take marijuana, grow it, manicure it, process it and sell it. If you take methamphetamine to San Francisco, you're a drug dealer. You take marijuana to San Francisco and you're making a profit, there's no difference, you're still a drug dealer.\u003c/p>\n\u003cp>If you had a program that was low-key... But you start getting these co-ops that are transporting it to the Bay Area and even L.A., then the feds have to deal with it.\u003c/p>\n\u003cp>\u003cstrong>Some people say this is just a modest effort to get a handle on local marijuana cultivation, but you're saying that's not the reality.\u003c/strong>\u003c/p>\n\u003cp>The reality is that this is a good opportunity to make money, and a lot of money at that. I understand the history of this whole thing. When they passed Prop 215 it was understood people were going to be allowed to use it and grow it with limitations. But the law was written too ambiguously, so each county could interpret it differently. You could have 5 plants or 500 plants depending on what you were trying to get away with.\u003c/p>\n\u003cp>Then the state passes \u003ca href=\"http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.html\">SB 420\u003c/a>, which says what you can have, which is all law endorsement ever asked, to give us a clear line. Then all of a sudden 420 says unless the county chooses not to abide by these rules. So the voters in Mendocino county said enough is enough because of all the problems they were having, and they did vote to accept the rules of 420. It allowed all these people to move in here from all over the US and grow 100 plants in their backyards and realize thousands and thousands of dollars.\u003c/p>\n\u003cp>And 9.31 made it a more acceptable practice because the sheriff's office was licensing these people.\u003c/p>\n\u003cp>\u003cstrong>Just how much marijuana is the 99 plants that were allowed?\u003c/strong>\u003c/p>\n\u003cp>The way these cooperatives grow, minimum, a plant is going to produce 3 pounds of marijuana. Even if it's 2 pounds, that's 200 pounds of weed. The normal person, even chronic heavy users of marijuana, cannot physically possibly use more than 16 pounds, because mathematically, if you smoke a joint every hour, it works out to just about 16 pounds. So okay, what are you going to do with the rest?\u003c/p>\n\u003cp>\u003cstrong>What was the impact of this program, sanctioned by the sheriff, on the department?\u003c/strong>\u003c/p>\n\u003cp>People were upset. My own gut reaction was we shouldn’t have been in that business regardless of what the board of supervisors wanted. It's not the feds vs. California. You took an oath to uphold those laws. I know from all the research I've done and all the cases I've done that 85% of this is criminal activity. There are the poor sick people who have 3 or 4 plants in the backyard. And they're doing the right thing. And when we used to do our raids, we'd knock on somebody's door and say what's up, what's wrong with you and how much do you truly need? We would analyze the problem,\u003c/p>\n\u003cp>In my entire career, probably 20 cases out of hundreds were legitimate persons who were using marijuana for some ailment and had the proper amount to do the property thing with it, whether they used a vaporizer or smoked it.\u003c/p>\n\u003cp>\u003cstrong>Was there an aspect of this thgat had a demoralizing effect on the force?\u003c/strong>\u003c/p>\n\u003cp>Sure it did. You have the guys who want to go out there and take care of business, because it is a problem. Last year, I had neighbors move in next to me, first time in 16 years I couldn’t sleep with my windows open in the summertime because I couldn't stand that stench. But I couldn't do anything about it, because of 9.31. I think they were 9.31 because I went to Google Earth and did a search and saw that they had 99 plants exactly in their backyard.\u003c/p>\n\u003cp>These people were not from here. They were here during the summer, and once the marijuana was harvested they were gone.\u003c/p>\n\u003cp>\u003cstrong>The argument is that Mendocino County was getting a handle on the problem by bringing it into some kind of regulatory control. But you seem to be saying that all it did was attract more people to come in and take advantage of the system.\u003c/strong>\u003c/p>\n\u003cp>That's exactly it. Control, taxation, legalization, it's not going to mean anything in my opinion. If a guy's been growing marijuana since 1984 for instance, and he's made a hundreds thousand every year tax free, and all of a sudden you come to him and say you have to pay taxes on that, why would he? It's still illegal in the federal view. Why would he pay taxes to the state of California or Mendocino County? It doesn't legitimize it.\u003c/p>\n\u003cp>\u003cstrong>When DEA raided Matt Cohen's farm, was there a sense that it was long overdue that someone took action?\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">It's the people who are using medical marijuana to get rich and then thumbing their nose at the government and law enforcement, and saying you know what, this is our god given right. Those are the guys we need to deal with.\u003c/aside>\n\u003cp>It's been an ongoing battle with the DEA doing raids and things like that. What tended to happen is the DEA does a raid and they take people's marijuana. The Hill family, they were just in your face, they were in the New York Times, people coming over every day filming. They were growing these monster plants. They were big advocates. The DEA comes and raids them. Same thing with Matt Cohen, another guy who's in your face. The Feds are telling him don't do it. And the sheriff is saying as far as we're concerned its legal. But he don't run the federal government. So when they did that raid I thought it was overdue. I think they need to take some of these people and prosecute them.\u003c/p>\n\u003cp>\u003cstrong>So there will be no more permits at least this year, and no more 99-plant exemptions, bringing it down to 25. Is that a positive move in your mind?\u003c/strong>\u003c/p>\n\u003cp>No, it's a stopgap measure to avoid any kind of federal prosecution. Is it going to change anything? No, they're still going to grow a hundred plants, permitted or not. There's no way law enforcement can deal with that. It's just too big an area with too many people doing it.\u003c/p>\n\u003cp>\u003cstrong>The sheriff's dept made $600,000 on fees from the program. Do you consider that dirty money?\u003c/strong>\u003c/p>\n\u003cp>Sure. It's from illegal gains. Those fees are about six to eight thousand dollars. Wouldn't I go get one of your $8,000 dollar permits so I can make my million dollars?\u003c/p>\n\u003cp>\u003cstrong>The argument was that they could use some of that money to target big illicit growers in the Mendocino National Forest...\u003c/strong>\u003c/p>\n\u003cp>That whole national forest thing is kind of a misnomer. Yeah they do grow a lot of marijuana there and nobody likes it. But the federal government has the tendency to throw lots of money at a problem. So if you're in the Mendocino National Forest, they're going to throw a lot of money at that. You don’t' need that 9.31 money because the feds are going to give you the money to combat that problem.\u003c/p>\n\u003cp>I don't know where this 9.31 money went, but I told the sheriff I don’t' want anything to do with it. I don't like it.\u003c/p>\n\u003cp>\u003cstrong>The number of department personnel involved in the program was actually very small, wasn't it? \u003c/strong>\u003c/p>\n\u003cp>Just about everyone I know in the department didn't want anything to do with it.\u003c/p>\n\u003cp>\u003cstrong>I'm sure you've heard the argument that you're stuck in an old way of thinking, and you need to accept that medical marijuana is here to stay.\u003c/strong>\u003c/p>\n\u003cp>I've been listening to that for years and years and have had all kinds of discussions about it. But all the federal government needs to do is reclassify marijuana. And it will take all this guesswork out of it. Reclassify it as a Schedule II prescription drug by a medical doctor. Then you'll have big tobacco coming in and growing and providing it, and the rest of it is illegal.\u003c/p>\n\u003cp>California passed this compassionate use law, but they didn't foresee that there's nothing compassionate about it. If I'm going to grow compassionately and turn around and sell it for $100,000 a year, then I'm not going to be voting for any regulatory effect. Because it's going to take money out of my pocket. 9.31 was a great program for dopers because they could make a million dollars. Now it's gone, boo hoo, everybody's crying. But it's not going to slow them down a bit. The argument that it's bringing illegality back into marijuana is nonsense, because it's already illegal.\u003c/p>\n\u003cp>Then you take poor sick grandma and maybe she does get some relief from marijuana. I'm not going to argue with that. But she's only got her two or three plants in the backyard. She gets 2-4 pounds she can use during the year to alleviate her pain. I really don’t care about those people.\u003c/p>\n\u003cp>But it's the people who are using medical marijuana to get rich and then thumbing their nose at the government and law enforcement, and saying you know what, this is our god given right. Those are the guys we need to deal with because those are the ones making the money.\u003c/p>\n\u003cp>\u003cstrong>So you're saying the program overwhelmingly benefited people who wanted to grow as much as they could within a legal framework to make money. Was that the motivating factor, not to help sick people?\u003c/strong>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Exactly. I can't think of anyone in my career who was growing that many plants who was ever actually a compassionate person, who was giving it away or growing it for people who actually needed it.\u003c/p>\n\n",
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"description": "Last Tuesday the Mendocino County Board of Supervisors voted to end a unique program that placed medical marijuana cultivation under the supervision of the sheriff’s department, approving a watered down version of the ordinance (pdf), known as 9.31, instead. The permit program was the first of its kind in the nation, but it ran afoul",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_57069\" class=\"wp-caption alignright\" style=\"max-width: 238px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/cohen-4.jpg\">\u003cimg class=\"size-medium wp-image-57069\" title=\"cohen 4\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/cohen-4-238x300.jpg\" alt=\"\" width=\"238\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Medical marijuana grower Matthew Cohen examines plants at his Mendocino County farm before a raid by federal drug agents last year. (Michael Montgomery/California Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>Last Tuesday the Mendocino County Board of Supervisors voted to \u003ca href=\"http://www.npr.org/2012/02/13/146826169/mendocino-ending-its-medical-marijuana-experiment\">end a unique program\u003c/a> that placed medical marijuana cultivation under the supervision of the sheriff’s department, approving a \u003ca href=\"http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCwQFjAB&url=http%3A%2F%2Fwww.mendocinosheriff.com%2Fmm%2F931SheriffsSummary.pdf&ei=MrRCT86yOsSWiQKfzuDSAQ&usg=AFQjCNGsin9PsGlFzLlISkKNqH-jYT4x4w&sig2=dQ86nnOA1jxjBacKxkmF6g\">watered down version of the ordinance\u003c/a> (pdf), known as 9.31, instead.\u003c/p>\n\u003cp>The permit program was the first of its kind in the nation, but it ran afoul of the federal Controlled Substances Act. At least, that’s how US Attorney Melinda Haag’s office saw it. She warned the county that it faced litigation if the program continued, forcing the county’s hand.\u003c/p>\n\u003cp>But it’s not just federal law enforcement that opposed the effort. Mendocino’s own sheriff’s department has been deeply divided over whether to authorize pot growers, even if they are in compliance with state medical marijuana laws and county regulations.\u003c/p>\n\u003cp>Recently, I spoke with Mendocino County Sheriff Tom Allman, a strong advocate of the program. While several active deputies have spoken privately about their hostility toward 9.31 and their general view that medical marijuana is a sham, none has been willing to talk on the record. I did, however speak with retired sheriff’s lieutenant Rusty Noe, who did not support the permitting effort while he was head of the department’s investigations unit.\u003c/p>\n\u003ch2>First, here's an edited transcript of my \u003cstrong>interview with Sheriff Tom Allman\u003c/strong>, who worked closely with some growers to come into \u003ca href=\"http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CEEQFjAE&url=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3D%26esrc%3Ds%26source%3Dweb%26cd%3D5%26ved%3D0CEEQFjAE%26url%3Dhttp%253A%252F%252Fwww.sonomacountyduilawyer.com%252Fpdf%252FmendosheriffreqtsCompliance2010.pdf%26ei%3DrLlCT42kBKWPigKExtiqAQ%26usg%3DAFQjCNHAv4bt6s5nE8DuA9PEkdaX4MtSAA%26sig2%3Dm6zMN06PUV5-gE-ke-EClA&ei=rLlCT42kBKWPigKExtiqAQ&usg=AFQjCNHAv4bt6s5nE8DuA9PEkdaX4MtSAA&sig2=m6zMN06PUV5-gE-ke-EClA\">compliance\u003c/a> with the program. Stipulations included limitations on cultivation locations; limitations on noise, odor, and lighting; fencing requirements, and additional conditions.\u003c/h2>\n\u003cp>\u003cstrong>Michael Montgomery: What did the program accomplish?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sheriff Allman: What Mendocino County was able to accomplish with the program known as 9.31 was that it allowed people who have been underground in the past to come forward and legitimize their medical marijuana operations. And at the same time pay a substantial amount of money to government for the purpose of inspections on a monthly basis.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp>I'm surprised, based on some of the statements that President Obama and Attorney General Holder have made... that those comments are so contrary to the actions of the US attorneys.\u003c/p>\n\u003c/aside>\n\u003cp>It also allowed us to comply with former Attorney General Jerry Brown's guidelines of allowing government to oversee marijuana cooperatives. Attorney General Brown was very generous in his opinion of allowing government to step in and say if you're going to have medical marijuana and it has an effect on government operations, then you should be able to get reimbursed for it.\u003c/p>\n\u003cp>Anyone who says medical marijuana doesn’t have an impact on local law enforcement, I would gladly debate. 9.31 allowed us to clearly document and clearly inspect and clearly have an idea of where the medical marijuana was being cultivated, so that we didn't have to send a bunch of deputies to every location every time someone called something in.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003cstrong>Talk about the culture shift, the idea that the program created this different relationship between growers and law enforcement... \u003c/strong>\u003c/p>\n\u003cp>There was clearly a shift. There are people who are pro-marijuana and people who are anti-marijuana. \u003ca href=\"http://ballotpedia.org/wiki/index.php/California_Proposition_215,_the_Medical_Marijuana_Initiative_%281996%29\">Proposition 215\u003c/a> put law enforcement in the middle. I'm not for it, I'm not against it; it's part of the law.\u003c/p>\n\u003cp>No one ever asks me what I think about the speed limit; they just say go out and enforce it. No one every asks whether I like medical marijuana or not; neither side wants to hear my answer. They just want to hear me as sheriff say I have an understanding of what the law is, and that we are going to make the law work as the courts, the judicial branch and the legislative branch have intended it to work. That's what 9.31 accomplished.\u003c/p>\n\u003cp>There are 16 states and the District of Columbia that have said in one way or another that we will deal with medical marijuana. But there's not a consistent law throughout our nation of what medical marijuana is. So there's this huge amount of confusion; you can call it a gray area , you can call it a lack of intestinal fortitude from the legislative branch. Call it whatever you want. But I'm calling it confusion as far as law enforcement goes.\u003c/p>\n\u003cp>We don't get up in the morning and say we want to violate someone's rights. What we do is say let's go enforce the law.\u003c/p>\n\u003cp>9.31 very clearly was allowing us to protect the rights of legitimate medical marijuana growers and enforce the law against those who were growing outside the boundaries of 9.31, cultivating a huge amount of crops.\u003c/p>\n\u003cp>When people hear the words Mendocino County they immediately think of marijuana. I want to remind people that last year alone Mendocino County eradicated almost 650,000 marijuana plants. So we're not embracing marijuana, saying bring us your sick, your ill, and your people who have sore shoulders. I don’t' want people to move to Mendocino County for the purpose of growing medical marijuana.\u003c/p>\n\u003cp>What we're doing is looking at what the legislative branch and the judicial branch through its interpretation of the law, and in this situation the voters, have given us. And we're trying to figure out a way to make it work.\u003c/p>\n\u003cp>\u003cstrong>Some people, including some of your own officers, say this whole effort was doomed to fail. What do you say to the idea that it never should have even been tried?\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">Protecting the rights of our citizens does not depend on whether my deputies are happy or unhappy about it.\u003c/aside>\n\u003cp>I say that if somebody can come up with a better idea, I am here 24-7. But we're not going to come up with an answer that everyone's going to embrace. If you look at where we are now in 2012 and in California where we were in 1996 when Prop 215 was enacted, things are being accepted now that never would have been accepted then.\u003c/p>\n\u003cp>We're trying to hone the rough edges of this problem, and get to the point where people say its palatable.\u003c/p>\n\u003cp>We're not going to come up with an answer that 80% of the people agree with. We're going to come up with a solution that 51% of our voters say 'that's a solution I can live with.' And once we get to that point we can deal with some other issues.\u003c/p>\n\u003cp>\u003cstrong>Were you surprised to find the US Attorney had threatened the county with civil action? \u003c/strong>\u003c/p>\n\u003cp>I'm surprised, based on some of the statements that President Obama and Attorney General Holder have made at the national level, that those comments are so contrary to the actions of the US attorneys.\u003c/p>\n\u003cp>Because I've had US attorneys in this office sitting in that chair right there assuring me that any legitimate medical marijuana program that Mendocino County adopts will be accepted by the US attorney. However, that person's not a US attorney anymore. So we've got a group of four US Attorneys whom I respect, and Melinda Haag -- she and I have had many conversations about other topics that we respect each other on.\u003c/p>\n\u003cp>As far as marijuana goes, I saw her last week and I merely said we can agree to disagree. But I said that this step that the US Attorney's Office took in California, in my humble opinion as an elected sheriff, was a step backwards. We're further away from a solution today than we were two months ago.\u003c/p>\n\u003cp>\u003cstrong>Does part of you feel that all the work you've done on this was for nothing?\u003c/strong>\u003c/p>\n\u003cp>Not at all. Because I absolutely believe that in the next 8, 10, or 12 months, we're going to get to the point where people say: you know, Mendocino county, you weren't wrong. You were doing it within the boundaries of the law, and we're going to get these files out, blow the dust off the zip ties, and say for 2013 let's take care of the problems we had from 2011. History will show 2012 as a 12-month hiatus in progress.\u003c/p>\n\u003cp>\u003cstrong>How can the county get around the line that the federal government has drawn? \u003c/strong>\u003c/p>\n\u003cp>The one consistent thing we can agree on about marijuana is that the situation is ever-changing. The highest law in the land as we know it is our constitution. We pay nine US justices to interpret that constitution. The best wish I have is for the Supreme Court to interpret the constitution to give these 16 states and the District of Columbia a clear direction. Because if there's one thing that's lacking from this whole conversation, it's a clear direction at a national level.\u003c/p>\n\u003cp>\u003cstrong>Do you think this move by the county to back away from the program will heal some of the rifts within your own department? You have plenty of deputies that don’t' like the program…\u003c/strong>\u003c/p>\n\u003cp>That hasn't been part of my thought process. I understand what my role is, as an elected sheriff in a rural county in California. That's to fairly enforce the law, protect the rights of my citizens, and to make sure justice is carried out. Protecting the rights of our citizens does not depend on whether my deputies are happy or unhappy about it.\u003c/p>\n\u003cp>As I've said many times, I've never smoked marijuana in my entire life, but if 57% of the voters in California have said legitimate medical marijuana will be respected, am I going to say that my deputies don’t think they should respect it so we're not going to? No. And if the voters say well we want a sheriff who goes against marijuana, in 2014 they'll have a chance at that.\u003c/p>\n\u003cp>As a sheriff, the constitution reigns. Until someone says that Prop 215 is contrary to the constitution, then we're going to continue respecting the rights of legitimate medical marijuana caregivers.\u003c/p>\n\u003cp>\u003cstrong>Was it hard for you to see the rights of one of your citizens arguably trampled? I’m referring to the \u003ca href=\"http://ww2.kqed.org/news/2011/10/13/mendocino-county-raid-has-marijuana-advocates-riled/\">DEA raid on Matt Cohen's Northstone Organics\u003c/a>.\u003c/strong>\u003c/p>\n\u003cp>It disturbed me. It made me a little bit distrustful, because of one of the US attorneys sitting in this office saying we are going to respect the rights of legitimate medical marijuana caregivers in Mendocino County if they're compliant with our guidelines.\u003c/p>\n\u003cp>If the US Attorney 's office had come to me and said hey, we'd like to see this person's file, we would have had a little negotiation, but ultimately I would have sat down with them and said this is what we're doing. If you guys want to go along with us on one of our inspections maybe that could have been worked out.\u003c/p>\n\u003cp>I totally respect the US Attorney's office and the US Attorney General, but I'm hoping that this wasn't intentional saber-rattling -- if we show Mendocino County we mean business, then all of these other counties will back off.\u003c/p>\n\u003cp>Really? Then if that's the will of the legislative and judicial branch, then bring it on. Tell us what the law is. But it's very important that we understand the executive branch, and a prosecuting attorney is part of the executive branch.\u003c/p>\n\u003cp>We don't make the law; we don’t' interpret the law. We enforce the law. And if they're going to come in and enforce federal law, they have my blessing to do so in my county -- they don’t' need it, actually. But I'm asking them to follow through. If they come up and in the name of the federal government eradicate marijuana, then push it all the way up. Maybe this is a case that's going to get to our nine justices and we're going to have an answer. But we're not going to have an answer in 2012.\u003c/p>\n\u003cp>Law enforcement wants clear direction.\u003c/p>\n\u003ch2>Now here's an edited transcript of my \u003cstrong>interview with retired lieutenant Rusty Noe\u003c/strong>, who opposes 9.31.\u003c/h2>\n\u003cp>\u003cstrong>Michael Montgomery: A lot of growers thought 9.31 was really a success, and it was a tragedy that the program has to be ended. But what is the view of you and other law enforcement ? \u003c/strong>\u003c/p>\n\u003cp>Rusty Noe: Marijuana's illegal. When you take the oath and you swear to the badge, you uphold the law, you don't get to pick and choose what the law is. As far as I'm concerned, the board of supervisors can pretty much do what they want, and it's an accepted practice in this area and several other areas around us that marijuana's okay. But it's not. It's against the law. Whether its' federal or state laws on the books that makes it illegal.\u003c/p>\n\u003cp>\u003cstrong>What about the argument that this program was meant to help law enforcement distinguish between legal medical marijuana and illegal marijuana so it could use limited resources to focus on the big growers.\u003c/strong>\u003c/p>\n\u003cp>Well I understand that. But 9.31 is allowing cooperatives, and all these cooperatives are is just a license to grow a lot of dope. You can be a cooperative, and I don't really understand all the ways that the laws are written – they're unclear. But if you are going to be a part of a cooperative, seems to me that you should not benefit financially. If sick people need marijuana, I'm all for it. I have no problem with that.\u003c/p>\n\u003caside class=\"pullquote alignleft\">It's an accepted practice in this area and several other areas around us that marijuana's okay. But it's not. It's against the law.\u003c/aside>\n\u003cp>But 99 plants, given the way they grow up here, that's far more than anybody's' cooperative should realize. Then you've got people like Matt Cohen -- what is the difference between someone who takes methamphetamine and transports it to San Francisco and Cohen, who transports it to San Francisco and sells it?\u003c/p>\n\u003cp>You've got these cooperatives and the primary role is to take marijuana, grow it, manicure it, process it and sell it. If you take methamphetamine to San Francisco, you're a drug dealer. You take marijuana to San Francisco and you're making a profit, there's no difference, you're still a drug dealer.\u003c/p>\n\u003cp>If you had a program that was low-key... But you start getting these co-ops that are transporting it to the Bay Area and even L.A., then the feds have to deal with it.\u003c/p>\n\u003cp>\u003cstrong>Some people say this is just a modest effort to get a handle on local marijuana cultivation, but you're saying that's not the reality.\u003c/strong>\u003c/p>\n\u003cp>The reality is that this is a good opportunity to make money, and a lot of money at that. I understand the history of this whole thing. When they passed Prop 215 it was understood people were going to be allowed to use it and grow it with limitations. But the law was written too ambiguously, so each county could interpret it differently. You could have 5 plants or 500 plants depending on what you were trying to get away with.\u003c/p>\n\u003cp>Then the state passes \u003ca href=\"http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.html\">SB 420\u003c/a>, which says what you can have, which is all law endorsement ever asked, to give us a clear line. Then all of a sudden 420 says unless the county chooses not to abide by these rules. So the voters in Mendocino county said enough is enough because of all the problems they were having, and they did vote to accept the rules of 420. It allowed all these people to move in here from all over the US and grow 100 plants in their backyards and realize thousands and thousands of dollars.\u003c/p>\n\u003cp>And 9.31 made it a more acceptable practice because the sheriff's office was licensing these people.\u003c/p>\n\u003cp>\u003cstrong>Just how much marijuana is the 99 plants that were allowed?\u003c/strong>\u003c/p>\n\u003cp>The way these cooperatives grow, minimum, a plant is going to produce 3 pounds of marijuana. Even if it's 2 pounds, that's 200 pounds of weed. The normal person, even chronic heavy users of marijuana, cannot physically possibly use more than 16 pounds, because mathematically, if you smoke a joint every hour, it works out to just about 16 pounds. So okay, what are you going to do with the rest?\u003c/p>\n\u003cp>\u003cstrong>What was the impact of this program, sanctioned by the sheriff, on the department?\u003c/strong>\u003c/p>\n\u003cp>People were upset. My own gut reaction was we shouldn’t have been in that business regardless of what the board of supervisors wanted. It's not the feds vs. California. You took an oath to uphold those laws. I know from all the research I've done and all the cases I've done that 85% of this is criminal activity. There are the poor sick people who have 3 or 4 plants in the backyard. And they're doing the right thing. And when we used to do our raids, we'd knock on somebody's door and say what's up, what's wrong with you and how much do you truly need? We would analyze the problem,\u003c/p>\n\u003cp>In my entire career, probably 20 cases out of hundreds were legitimate persons who were using marijuana for some ailment and had the proper amount to do the property thing with it, whether they used a vaporizer or smoked it.\u003c/p>\n\u003cp>\u003cstrong>Was there an aspect of this thgat had a demoralizing effect on the force?\u003c/strong>\u003c/p>\n\u003cp>Sure it did. You have the guys who want to go out there and take care of business, because it is a problem. Last year, I had neighbors move in next to me, first time in 16 years I couldn’t sleep with my windows open in the summertime because I couldn't stand that stench. But I couldn't do anything about it, because of 9.31. I think they were 9.31 because I went to Google Earth and did a search and saw that they had 99 plants exactly in their backyard.\u003c/p>\n\u003cp>These people were not from here. They were here during the summer, and once the marijuana was harvested they were gone.\u003c/p>\n\u003cp>\u003cstrong>The argument is that Mendocino County was getting a handle on the problem by bringing it into some kind of regulatory control. But you seem to be saying that all it did was attract more people to come in and take advantage of the system.\u003c/strong>\u003c/p>\n\u003cp>That's exactly it. Control, taxation, legalization, it's not going to mean anything in my opinion. If a guy's been growing marijuana since 1984 for instance, and he's made a hundreds thousand every year tax free, and all of a sudden you come to him and say you have to pay taxes on that, why would he? It's still illegal in the federal view. Why would he pay taxes to the state of California or Mendocino County? It doesn't legitimize it.\u003c/p>\n\u003cp>\u003cstrong>When DEA raided Matt Cohen's farm, was there a sense that it was long overdue that someone took action?\u003c/strong>\u003c/p>\n\u003caside class=\"pullquote alignleft\">It's the people who are using medical marijuana to get rich and then thumbing their nose at the government and law enforcement, and saying you know what, this is our god given right. Those are the guys we need to deal with.\u003c/aside>\n\u003cp>It's been an ongoing battle with the DEA doing raids and things like that. What tended to happen is the DEA does a raid and they take people's marijuana. The Hill family, they were just in your face, they were in the New York Times, people coming over every day filming. They were growing these monster plants. They were big advocates. The DEA comes and raids them. Same thing with Matt Cohen, another guy who's in your face. The Feds are telling him don't do it. And the sheriff is saying as far as we're concerned its legal. But he don't run the federal government. So when they did that raid I thought it was overdue. I think they need to take some of these people and prosecute them.\u003c/p>\n\u003cp>\u003cstrong>So there will be no more permits at least this year, and no more 99-plant exemptions, bringing it down to 25. Is that a positive move in your mind?\u003c/strong>\u003c/p>\n\u003cp>No, it's a stopgap measure to avoid any kind of federal prosecution. Is it going to change anything? No, they're still going to grow a hundred plants, permitted or not. There's no way law enforcement can deal with that. It's just too big an area with too many people doing it.\u003c/p>\n\u003cp>\u003cstrong>The sheriff's dept made $600,000 on fees from the program. Do you consider that dirty money?\u003c/strong>\u003c/p>\n\u003cp>Sure. It's from illegal gains. Those fees are about six to eight thousand dollars. Wouldn't I go get one of your $8,000 dollar permits so I can make my million dollars?\u003c/p>\n\u003cp>\u003cstrong>The argument was that they could use some of that money to target big illicit growers in the Mendocino National Forest...\u003c/strong>\u003c/p>\n\u003cp>That whole national forest thing is kind of a misnomer. Yeah they do grow a lot of marijuana there and nobody likes it. But the federal government has the tendency to throw lots of money at a problem. So if you're in the Mendocino National Forest, they're going to throw a lot of money at that. You don’t' need that 9.31 money because the feds are going to give you the money to combat that problem.\u003c/p>\n\u003cp>I don't know where this 9.31 money went, but I told the sheriff I don’t' want anything to do with it. I don't like it.\u003c/p>\n\u003cp>\u003cstrong>The number of department personnel involved in the program was actually very small, wasn't it? \u003c/strong>\u003c/p>\n\u003cp>Just about everyone I know in the department didn't want anything to do with it.\u003c/p>\n\u003cp>\u003cstrong>I'm sure you've heard the argument that you're stuck in an old way of thinking, and you need to accept that medical marijuana is here to stay.\u003c/strong>\u003c/p>\n\u003cp>I've been listening to that for years and years and have had all kinds of discussions about it. But all the federal government needs to do is reclassify marijuana. And it will take all this guesswork out of it. Reclassify it as a Schedule II prescription drug by a medical doctor. Then you'll have big tobacco coming in and growing and providing it, and the rest of it is illegal.\u003c/p>\n\u003cp>California passed this compassionate use law, but they didn't foresee that there's nothing compassionate about it. If I'm going to grow compassionately and turn around and sell it for $100,000 a year, then I'm not going to be voting for any regulatory effect. Because it's going to take money out of my pocket. 9.31 was a great program for dopers because they could make a million dollars. Now it's gone, boo hoo, everybody's crying. But it's not going to slow them down a bit. The argument that it's bringing illegality back into marijuana is nonsense, because it's already illegal.\u003c/p>\n\u003cp>Then you take poor sick grandma and maybe she does get some relief from marijuana. I'm not going to argue with that. But she's only got her two or three plants in the backyard. She gets 2-4 pounds she can use during the year to alleviate her pain. I really don’t care about those people.\u003c/p>\n\u003cp>But it's the people who are using medical marijuana to get rich and then thumbing their nose at the government and law enforcement, and saying you know what, this is our god given right. Those are the guys we need to deal with because those are the ones making the money.\u003c/p>\n\u003cp>\u003cstrong>So you're saying the program overwhelmingly benefited people who wanted to grow as much as they could within a legal framework to make money. Was that the motivating factor, not to help sick people?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Exactly. I can't think of anyone in my career who was growing that many plants who was ever actually a compassionate person, who was giving it away or growing it for people who actually needed it.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "UC Davis Chancellor Katehi Faces Faculty No-Confidence Vote Over Pepper-Spray Incident ",
"title": "UC Davis Chancellor Katehi Faces Faculty No-Confidence Vote Over Pepper-Spray Incident ",
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"content": "\u003cp>DAVIS, Calif. (AP) The chancellor of the University of California, Davis is facing a faculty vote on her ability to lead the campus following the widely condemned pepper-spraying of student protesters.\u003c/p>\n\u003cfigure id=\"attachment_56900\" class=\"wp-caption alignright\" style=\"max-width: 169px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/katehi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/katehi-281x300.jpg\" alt=\"\" title=\"katehi\" width=\"169\" height=\"180\" class=\"size-medium wp-image-56900\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Davis Chancellor Linda Katehi\u003c/figcaption>\u003c/figure>\n\u003cp>Members of the UC Davis Academic Senate have been voting on a motion of no-confidence in the leadership of Chancellor Linda Katehi. A competing motion approves of her leadership.\u003c/p>\n\u003cp>Results are expected after the two-week voting period ends at 5 p.m. Friday.\u003c/p>\n\u003cp>The motions are nonbinding but could influence the future of the 57-year-old Katehi, who became chancellor more than two years ago.\u003c/p>\n\u003cp>The faculty vote comes three months after a campus police officer doused pepper-spray on sitting students who had set up an Occupy camp on campus. Widely circulated video of the Nov. 18 incident sparked national outrage.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here is the \"\u003ca href=\"http://academicsenate.ucdavis.edu/forums/index.cfm?forum_id=46\">Motion Concerning the Chancellor's Judgment\u003c/a>\" from the Academic Senate:\u003c/p>\n\u003cblockquote>\u003cp>TO: Professor Linda Bisson, Chair, Davis Division of the Academic Senate\u003c/p>\n\u003cp>Dear Chair Bisson\u003c/p>\n\u003cp>The undersigned members of the Davis Division of the Academic Senate hereby petition you to put the following motion of non-confidence in the leadership of the Chancellor to a vote of the entire membership of the Davis Division of the Academic Senate at the earliest date that is feasible under Senate rules.\u003c/p>\n\u003cp>Motion: In light of the events on the quadrangle of the UC Davis campus on the afternoon of Friday November 18, 2011, in light of Chancellor Linda Katehi’s email to faculty of November 18 in which she admitted that she had ordered the police to take action against the students who were demonstrating on the quadrangle and said that she had had “no option” but to proceed in this way, and in light of the failure of Chancellor Katehi to act effectively to resolve the resulting crisis in the intervening days, Be it therefore resolved that the Davis Division of the Senate of the University of California lacks confidence in the leadership of Chancellor Katehi, and Be it also resolved that the result of the vote on this motion be communicated to the Board of Regents and the President of the University of California.\u003c/p>\n\u003cp>Thank you for your attention to this matter. \u003c/p>\n\u003cp>Yours sincerely,\u003c/p>\n\u003cp>\u003ca href=\"http://academicsenate.ucdavis.edu/forums/signatories-nc.cfm\">Signatories\u003c/a>\n\u003c/p>\u003c/blockquote>\n\n",
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"description": "DAVIS, Calif. (AP) The chancellor of the University of California, Davis is facing a faculty vote on her ability to lead the campus following the widely condemned pepper-spraying of student protesters. Members of the UC Davis Academic Senate have been voting on a motion of no-confidence in the leadership of Chancellor Linda Katehi. A competing",
"title": "UC Davis Chancellor Katehi Faces Faculty No-Confidence Vote Over Pepper-Spray Incident | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>DAVIS, Calif. (AP) The chancellor of the University of California, Davis is facing a faculty vote on her ability to lead the campus following the widely condemned pepper-spraying of student protesters.\u003c/p>\n\u003cfigure id=\"attachment_56900\" class=\"wp-caption alignright\" style=\"max-width: 169px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/katehi.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/02/katehi-281x300.jpg\" alt=\"\" title=\"katehi\" width=\"169\" height=\"180\" class=\"size-medium wp-image-56900\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Davis Chancellor Linda Katehi\u003c/figcaption>\u003c/figure>\n\u003cp>Members of the UC Davis Academic Senate have been voting on a motion of no-confidence in the leadership of Chancellor Linda Katehi. A competing motion approves of her leadership.\u003c/p>\n\u003cp>Results are expected after the two-week voting period ends at 5 p.m. Friday.\u003c/p>\n\u003cp>The motions are nonbinding but could influence the future of the 57-year-old Katehi, who became chancellor more than two years ago.\u003c/p>\n\u003cp>The faculty vote comes three months after a campus police officer doused pepper-spray on sitting students who had set up an Occupy camp on campus. Widely circulated video of the Nov. 18 incident sparked national outrage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here is the \"\u003ca href=\"http://academicsenate.ucdavis.edu/forums/index.cfm?forum_id=46\">Motion Concerning the Chancellor's Judgment\u003c/a>\" from the Academic Senate:\u003c/p>\n\u003cblockquote>\u003cp>TO: Professor Linda Bisson, Chair, Davis Division of the Academic Senate\u003c/p>\n\u003cp>Dear Chair Bisson\u003c/p>\n\u003cp>The undersigned members of the Davis Division of the Academic Senate hereby petition you to put the following motion of non-confidence in the leadership of the Chancellor to a vote of the entire membership of the Davis Division of the Academic Senate at the earliest date that is feasible under Senate rules.\u003c/p>\n\u003cp>Motion: In light of the events on the quadrangle of the UC Davis campus on the afternoon of Friday November 18, 2011, in light of Chancellor Linda Katehi’s email to faculty of November 18 in which she admitted that she had ordered the police to take action against the students who were demonstrating on the quadrangle and said that she had had “no option” but to proceed in this way, and in light of the failure of Chancellor Katehi to act effectively to resolve the resulting crisis in the intervening days, Be it therefore resolved that the Davis Division of the Senate of the University of California lacks confidence in the leadership of Chancellor Katehi, and Be it also resolved that the result of the vote on this motion be communicated to the Board of Regents and the President of the University of California.\u003c/p>\n\u003cp>Thank you for your attention to this matter. \u003c/p>\n\u003cp>Yours sincerely,\u003c/p>\n\u003cp>\u003ca href=\"http://academicsenate.ucdavis.edu/forums/signatories-nc.cfm\">Signatories\u003c/a>\n\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"title": "Under Realignment, Far More Inmates Transferred to Contra Costa County Than Expected",
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"content": "\u003cp>(Bay City News) More than four months after California transferred responsibility for low-level offenders to counties, law enforcement officials in Contra Costa County are seeing far more inmates than projected.\u003c/p>\n\u003cp>Last year, Gov. Jerry Brown signed Assembly Bills 109 and 117, which shifted the responsibility for monitoring, tracking and imprisoning low-level offenders previously bound for state prison to county jails.\u003c/p>\n\u003cp>The unprecedented move stemmed from an October 2010 U.S. Supreme Court order that deemed overcrowded conditions in California’s 33 prisons unconstitutional. \u003c/p>\n\u003cp>The court mandate requires the state’s prison population to drop to 137.5 percent of design capacity by 2013.\u003c/p>\n\u003cp>Since realignment took effect on Oct. 1, Contra Costa County jails have taken in 420 additional non-violent, non-sexual, non-serious inmates — a staggering 500 percent above state officials’ early projections, according to county Undersheriff Mike Casten. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Many of those additional inmates are parolees that would have normally gone back to state prisons after violating terms of their parole. \u003c/p>\n\u003cp>So far, the county has admitted 259 percent more parole violators than the state estimated, Casten said.\u003c/p>\n\u003cp>“We have a lot more of these people than we anticipated, and the average custody days they’re getting on (parole) violations has increased steadily,” Casten said.\u003c/p>\n\u003cp>Last fall, low-level parole violators in Contra Costa County were sentenced to an average of 31 days in jail under the realignment plan, he said.\u003c/p>\n\u003cp>Now, that number has more than doubled.\u003c/p>\n\u003cp>The county’s main detention facility in Martinez has been the most heavily impacted since realignment took effect, Casten said.\u003c/p>\n\u003cp>He said it is the only county jail able to accept “special needs” inmates — those with gang affiliations or who require prescription medications for mental health issues.\u003c/p>\n\u003cp>The Martinez facility already houses the bulk of the county’s inmates, which Casten said now includes 149 gang members, 307 high-security inmates — or those who “don’t get along with others” — and 178 inmates who are in protective custody, such as sex offenders, who are especially at risk in jail.\u003c/p>\n\u003cp>“When you take all those people and the special needs population from AB 109, that causes that count to run higher than we want it to,” the undersheriff said.\u003c/p>\n\u003cp>In January, 639 of the jail’s 695 beds were filled.\u003c/p>\n\u003cp>If the number of incoming inmates under AB 109 who also fall under the “special needs” camp continues to rise, the Martinez facility will inch closer toward full capacity, Casten said.\u003c/p>\n\u003cp>For now, he said, the greatest fiscal impact is on the day-to-day costs of feeding, housing and clothing county jails’ rising populations.\u003c/p>\n\u003cp>The county has also reopened a long-closed portion of a West County jail building to accommodate new inmates.\u003c/p>\n\u003cp>Since October, the county sheriff’s office has hired seven new deputies and a sergeant using AB 109 funding to help cover the rising inmate load.\u003c/p>\n\u003cp>Meanwhile, the county’s parole department has added four new staff members to handle its additional duties monitoring parolees, according to Philip Kader, the county’s chief probation officer.\u003c/p>\n\u003cp>“The impact on overall probation services has been buffered by adding new staff to these caseloads using AB 109 funds,” Kader said in December.\u003c/p>\n\u003cp>But Casten said that in order to cover the cost of incoming inmates shifted to the county over the next fiscal year, “we would need almost double the funding that we get now.”\u003c/p>\n\u003cp>The state allocated a relatively low dollar amount to Contra Costa County versus other counties based on how many offenders the county sends to state prison on average, according to Casten and Kader.\u003c/p>\n\u003cp>Since the county has historically sent fewer felons to state prison, opting more often for alternative programs than in some counties, it has received less state funding to manage its additional public safety responsibilities, they said.\u003c/p>\n\u003cp>As other counties statewide began feeling the pinch of realignment last fall, the California State Association of Counties, or CSAC, proposed a measure to ensure state funding for these added duties. The proposal garnered support from the California Sheriff’s Association and Chief Probation Officers of California, according to Jean Hurst, a CSAC legislative representative.\u003c/p>\n\u003cp>Since then, the governor has proposed a November ballot initiative that if approved, would provide constitutional protection for counties’ realignment funding and also proposes a tax increase to fund education.\u003c/p>\n\u003cp>“It essentially has the same realignment protections that we had in our own measure,” Hurst said. “The governor has a broad range of support from labor and business and the education community…so we’re hopeful his measure can be successful.”\u003c/p>\n\u003cp>Hurst said that the sheriff’s association and chief probation officers group have both voted to support the measure, and that CSAC’s board will decide next week whether to back the initiative.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Casten said that while the county gets enough state funding now, some type of protective measure would be critical to continue managing its new public safety role.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>(Bay City News) More than four months after California transferred responsibility for low-level offenders to counties, law enforcement officials in Contra Costa County are seeing far more inmates than projected.\u003c/p>\n\u003cp>Last year, Gov. Jerry Brown signed Assembly Bills 109 and 117, which shifted the responsibility for monitoring, tracking and imprisoning low-level offenders previously bound for state prison to county jails.\u003c/p>\n\u003cp>The unprecedented move stemmed from an October 2010 U.S. Supreme Court order that deemed overcrowded conditions in California’s 33 prisons unconstitutional. \u003c/p>\n\u003cp>The court mandate requires the state’s prison population to drop to 137.5 percent of design capacity by 2013.\u003c/p>\n\u003cp>Since realignment took effect on Oct. 1, Contra Costa County jails have taken in 420 additional non-violent, non-sexual, non-serious inmates — a staggering 500 percent above state officials’ early projections, according to county Undersheriff Mike Casten. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many of those additional inmates are parolees that would have normally gone back to state prisons after violating terms of their parole. \u003c/p>\n\u003cp>So far, the county has admitted 259 percent more parole violators than the state estimated, Casten said.\u003c/p>\n\u003cp>“We have a lot more of these people than we anticipated, and the average custody days they’re getting on (parole) violations has increased steadily,” Casten said.\u003c/p>\n\u003cp>Last fall, low-level parole violators in Contra Costa County were sentenced to an average of 31 days in jail under the realignment plan, he said.\u003c/p>\n\u003cp>Now, that number has more than doubled.\u003c/p>\n\u003cp>The county’s main detention facility in Martinez has been the most heavily impacted since realignment took effect, Casten said.\u003c/p>\n\u003cp>He said it is the only county jail able to accept “special needs” inmates — those with gang affiliations or who require prescription medications for mental health issues.\u003c/p>\n\u003cp>The Martinez facility already houses the bulk of the county’s inmates, which Casten said now includes 149 gang members, 307 high-security inmates — or those who “don’t get along with others” — and 178 inmates who are in protective custody, such as sex offenders, who are especially at risk in jail.\u003c/p>\n\u003cp>“When you take all those people and the special needs population from AB 109, that causes that count to run higher than we want it to,” the undersheriff said.\u003c/p>\n\u003cp>In January, 639 of the jail’s 695 beds were filled.\u003c/p>\n\u003cp>If the number of incoming inmates under AB 109 who also fall under the “special needs” camp continues to rise, the Martinez facility will inch closer toward full capacity, Casten said.\u003c/p>\n\u003cp>For now, he said, the greatest fiscal impact is on the day-to-day costs of feeding, housing and clothing county jails’ rising populations.\u003c/p>\n\u003cp>The county has also reopened a long-closed portion of a West County jail building to accommodate new inmates.\u003c/p>\n\u003cp>Since October, the county sheriff’s office has hired seven new deputies and a sergeant using AB 109 funding to help cover the rising inmate load.\u003c/p>\n\u003cp>Meanwhile, the county’s parole department has added four new staff members to handle its additional duties monitoring parolees, according to Philip Kader, the county’s chief probation officer.\u003c/p>\n\u003cp>“The impact on overall probation services has been buffered by adding new staff to these caseloads using AB 109 funds,” Kader said in December.\u003c/p>\n\u003cp>But Casten said that in order to cover the cost of incoming inmates shifted to the county over the next fiscal year, “we would need almost double the funding that we get now.”\u003c/p>\n\u003cp>The state allocated a relatively low dollar amount to Contra Costa County versus other counties based on how many offenders the county sends to state prison on average, according to Casten and Kader.\u003c/p>\n\u003cp>Since the county has historically sent fewer felons to state prison, opting more often for alternative programs than in some counties, it has received less state funding to manage its additional public safety responsibilities, they said.\u003c/p>\n\u003cp>As other counties statewide began feeling the pinch of realignment last fall, the California State Association of Counties, or CSAC, proposed a measure to ensure state funding for these added duties. The proposal garnered support from the California Sheriff’s Association and Chief Probation Officers of California, according to Jean Hurst, a CSAC legislative representative.\u003c/p>\n\u003cp>Since then, the governor has proposed a November ballot initiative that if approved, would provide constitutional protection for counties’ realignment funding and also proposes a tax increase to fund education.\u003c/p>\n\u003cp>“It essentially has the same realignment protections that we had in our own measure,” Hurst said. “The governor has a broad range of support from labor and business and the education community…so we’re hopeful his measure can be successful.”\u003c/p>\n\u003cp>Hurst said that the sheriff’s association and chief probation officers group have both voted to support the measure, and that CSAC’s board will decide next week whether to back the initiative.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Casten said that while the county gets enough state funding now, some type of protective measure would be critical to continue managing its new public safety role.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>SAN FRANCISCO (Bay City News) Domestic violence victim advocates in San Francisco will \u003ca href=\"http://www.lacasa.org/our-voice/2012/02/billboard-funded-help-us-raise-a-second-message/\">unveil a billboard\u003c/a> in the city's South of Market neighborhood this afternoon that they say is a reaction to a domestic violence case against Sheriff Ross Mirkarimi.\u003c/p>\n\u003cp>La Casa de las Madres, which runs a San Francisco shelter for domestic violence victims, will unveil the billboard on Harrison Street between Ninth and 10th streets at 3 p.m. today.\u003c/p>\n\u003cp>The billboard will be up for two weeks. The group says it was inspired by a comment made by Mirkarimi, who is accused of grabbing and bruising the arm of his wife, Eliana Lopez, during a Dec. 31 argument.\u003c/p>\n\u003cp>The billboard will read, \"Domestic Violence is NEVER a private matter. If you need help, call (877) 503-1850.\" \u003c/p>\n\u003cp>The message is a reference to a statement Mirkarimi made the day of his swearing-in as sheriff on Jan. 8, when he called the case \"a private matter, a family matter.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mirkarimi was arrested and charged five days later with misdemeanor domestic violence battery, child endangerment and dissuading a witness. The case is set to go to trial Feb. 24.\u003c/p>\n\u003cp>After raising $4,000 for the billboard, La Casa de las Madres is now trying to raise an additional $2,500 in the next two weeks to put up a second billboard with a similar message in Spanish.\u003c/p>\n\u003cp>As of today, the nonprofit had raised roughly half of that amount.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>More information about the campaign can be found on the organization's \u003ca href=\"http://www.lacasa.org\">website\u003c/a>.\u003c/p>\n\n",
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"info": "The day's top stories from BBC News compiled twice daily in the week, once at weekends.",
"airtime": "MON-FRI 9pm-10pm, TUE-FRI 1am-2am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg",
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"meta": {
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"source": "BBC World Service"
},
"link": "/radio/program/bbc-world-service",
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"tuneIn": "https://tunein.com/radio/BBC-World-Service-p455581/",
"rss": "https://podcasts.files.bbci.co.uk/p02nq0gn.rss"
}
},
"californiareport": {
"id": "californiareport",
"title": "The California Report",
"tagline": "California, day by day",
"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-California-Report-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED The California Report",
"officialWebsiteLink": "/californiareport",
"meta": {
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"source": "kqed",
"order": 8
},
"link": "/californiareport",
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"amazon": "https://music.amazon.com/podcasts/26099305-72af-4542-9dde-ac1807fe36d5/kqed-s-the-california-report",
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}
},
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"id": "californiareportmagazine",
"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
"airtime": "FRI 4:30pm-5pm, 6:30pm-7pm, 11pm-11:30pm",
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"officialWebsiteLink": "/californiareportmagazine",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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}
},
"city-arts": {
"id": "city-arts",
"title": "City Arts & Lectures",
"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/cityartsandlecture-300x300.jpg",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
"subscribe": {
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"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
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"info": "Close All Tabs breaks down how digital culture shapes our world through thoughtful insights and irreverent humor.",
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"order": 1
},
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"id": "code-switch-life-kit",
"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"meta": {
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
"site": "news",
"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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},
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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},
"freakonomics-radio": {
"id": "freakonomics-radio",
"title": "Freakonomics Radio",
"info": "Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/4s8b",
"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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}
},
"fresh-air": {
"id": "fresh-air",
"title": "Fresh Air",
"info": "Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. One of public radio's most popular programs, Fresh Air features intimate conversations with today's biggest luminaries.",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/381444908/podcast.xml"
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"here-and-now": {
"id": "here-and-now",
"title": "Here & Now",
"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"rss": "https://feeds.npr.org/510051/podcast.xml"
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},
"hidden-brain": {
"id": "hidden-brain",
"title": "Hidden Brain",
"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"officialWebsiteLink": "https://www.npr.org/series/423302056/hidden-brain",
"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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},
"how-i-built-this": {
"id": "how-i-built-this",
"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png",
"officialWebsiteLink": "https://www.npr.org/podcasts/510313/how-i-built-this",
"airtime": "SUN 7:30pm-8pm",
"meta": {
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"source": "npr"
},
"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
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"order": 18
},
"link": "/podcasts/jerrybrown",
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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"source": "npr"
},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
}
},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Masters-of-Scale-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
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"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
"site": "news",
"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
"npr": "https://www.npr.org/podcasts/464615685/mind-shift-podcast",
"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
"meta": {
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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