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"content": "\u003cp>A court on Friday released graphic video and audio recordings from the night Paul Pelosi, the husband of former House Speaker Nancy Pelosi, was attacked with a hammer in the family's San Francisco home last year.\u003c/p>\n\u003cp>The release, which includes police body camera video and a recording of Pelosi’s 911 call, \u003ca href=\"https://www.latimes.com/california/story/2023-01-25/paul-nancy-pelosi-depape-attack-san-francisco-records-released\">was ordered earlier this week\u003c/a> by a San Francisco Superior Court judge in response to \u003ca href=\"https://www.documentcloud.org/documents/23588967-20230111-people-v-depape-media-coalition-access-brief-conformed\">a legal motion from a coalition of media organizations\u003c/a>, including KQED.\u003c/p>\n\u003cp>David DePape, who is being charged with attempted murder in the attack, broke into Pelosi's home in Pacific Heights in the early morning of Oct. 28, and demanded to see Nancy Pelosi, who was not home at the time. DePape reportedly told Paul Pelosi he would wait for her.\u003c/p>\n\u003cp>The recording of \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/911-tape.mp3\">Pelosi's call to 911\u003c/a>, made just after 2:20 a.m., lasts less than three minutes. \"There's a gentleman here waiting for my wife to come back, Nancy Pelosi,\" he calmly tells the dispatcher.\u003c/p>\n\u003cp>\u003caudio controls=\"controls\">\u003csource src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/911-tape.mp3\">\u003c/source>\u003c/audio>\u003c/p>\n\u003cp>\"Is the Capitol Police around? They're usually here protecting my wife,\" Pelosi asks, in an apparent effort to subtly hint at the urgency of the situation, without setting off DePape.\u003c/p>\n\u003cp>When the operator asks Pelosi if he needs the police or fire department to come, Pelosi directs the question to DePape, asking, \"What do you think?\"\u003c/p>\n\u003cp>Pelosi then tells the dispatcher, \"He thinks everything's good. I've got a problem. ... He's telling me to put the phone down.\"\u003c/p>\n\u003cp>Within minutes, at least two San Francisco police officers knocked on Pelosi's door, which, in the video, either Pelosi or DePape slowly opens. The officers encounter the two men standing next to each other, each with a hand on a single hammer, police body camera footage shows. Pelosi appears to be in his boxer shorts.\u003c/p>\n\u003cp>\u003cem>Warning: This police bodycam video includes scenes of graphic violence.\u003c/em>\u003c/p>\n\u003cp>https://youtu.be/REG9RG-XeGI\u003c/p>\n\u003cp>When the police order DePape to \"drop the hammer,\" he says, \"No,\" yanks the hammer away from Pelosi and, after a brief scuffle, lunges at him, hitting Pelosi in the head with it.\u003c/p>\n\u003cp>One of the officers yells, \"Oh, shit!,\" before at least two of them rush through the door and tackle DePape.\u003c/p>\n\u003cp>In the footage, Pelosi is seen lying facedown on the floor, with DePape's legs and feet on top of his back.\u003c/p>\n\u003cp>\"Give me your fucking hand,\" an officer yells twice to DePape as he tries to handcuff him. The police then call for emergency medical assistance for Pelosi. The tape ends after less than two minutes.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"paul-pelosi\"]Pelosi, 82, was taken to San Francisco General Hospital, where he underwent surgery for a skull fracture. He remained there for almost a week, before being released. He is still recovering from the attack but has recently been seen at several events with his wife, including a visit to the White House.\u003c/p>\n\u003cp>Hours after the release of the footage, Nancy Pelosi said she had not watched any of it.\u003c/p>\n\u003cp>\"I have absolutely no intention of seeing the deadly assault on my husband’s life,\" she said, adding that she would not comment any further on the incident.\u003c/p>\n\u003cp>The court also \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/Interview-with-DePape-clip.mp3\">released an audio recording\u003c/a> of a female police officer interrogating DePape after the incident. DePape acknowledges that he broke the glass on Pelosi's downstairs door to enter the home.\u003c/p>\n\u003cp>\"It was not easy,\" DePape says, adding that he likely cut his hand in the process.\u003c/p>\n\u003cp>The officer, whose tone is calm and empathetic, elicits a full confession from DePape, who describes what he did and why. His explanation begins with a conspiracy-laden political analysis of U.S. politics.\u003c/p>\n\u003cp>The officer asks DePape if he thinks Nancy Pelosi had done anything to him. He responds, \"Not me personally. But to the American people,\" and refers to \"all the fucking lies.\"\u003c/p>\n\u003cp>The attack on Pelosi is among a growing number of violent and sometimes deadly incidents targeting political figures that have been at least partly fueled by unfounded online conspiracy theories.\u003c/p>\n\u003cp>In the interview with the officer, DePape describes the encounter with Pelosi as \"mostly amiable ... except for that,\" referring to the hammer attack.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>DePape, who is being represented by a San Francisco public defender, has pleaded not guilty to the charges. His next court appearance is scheduled for Feb. 23, when a trial date is expected to be set.\u003c/p>\n\u003cp>In asking the court to release the audio and video footage shown earlier in open court, attorneys for the media coalition cited the First Amendment and the right to public access.\u003c/p>\n\u003cp>In opposing the motion, the San Francisco Public Defender's Office said graphic footage of the attack would be \"used, manipulated and altered\" in ways that would \"irreparably harm\" DePape's right to a fair trial.\u003c/p>\n\u003cp>The San Francisco District Attorney’s Office also opposed the release of the recordings, warning they would only fuel more unfounded theories about the brutal assault on Pelosi. And they were not alone.\u003c/p>\n\u003cp>Jon Lewis, a research fellow with the Program on Extremism at George Washington University, said he shares those concerns. While acknowledging the compelling reasons for the news media and researchers to have access to this footage, Lewis said he remains apprehensive that the widespread dissemination of the video and recordings could stoke violence and be used as propaganda by right-wing extremists.\u003c/p>\n\u003cp>\"I think one of the biggest concerns when we talk about the release of full, unedited video of political violence … is that this is not going to dispel the existing conspiracy theories that are already out there about this attack,\" he said. \"There is no one who was on the fence over whether or not this was an act of political violence, over the seriousness or significance of this, that is going to go watch that video and suddenly have their mind changed.\"\u003c/p>\n\u003cp>Lewis noted that many domestic terrorists — in the United States and abroad — have increasingly taken to using body cameras to livestream their horrific attacks.\u003c/p>\n\u003cp>\"They wanted to livestream and broadcast their violence in the hopes that it would inspire others to do the same,\" Lewis said. \"And obviously, here in this case, there’s no evidence that the alleged attacker did. But now you basically get a not too dissimilar result from the public dissemination of the video.\"\u003c/p>\n\u003cp>The \"right-wing extremist ecosystem,” he added, regularly takes recorded acts of violence and builds them into their propaganda as a way to incite more violence.\u003c/p>\n\u003cp>Lewis tied Pelosi’s attack to broader assaults on democracy, including the Jan. 6, 2021, attack on the U.S. Capitol, when supporters of President Donald Trump tried to overturn the results of a democratic election. Those efforts have become less focused since then, he said, but have not lost steam.\u003c/p>\n\u003cp>\u003cem>KQED's Marisa Lagos contributed to this story.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A court on Friday released graphic video and audio recordings from the night Paul Pelosi, the husband of former House Speaker Nancy Pelosi, was attacked with a hammer in the family's San Francisco home last year.\u003c/p>\n\u003cp>The release, which includes police body camera video and a recording of Pelosi’s 911 call, \u003ca href=\"https://www.latimes.com/california/story/2023-01-25/paul-nancy-pelosi-depape-attack-san-francisco-records-released\">was ordered earlier this week\u003c/a> by a San Francisco Superior Court judge in response to \u003ca href=\"https://www.documentcloud.org/documents/23588967-20230111-people-v-depape-media-coalition-access-brief-conformed\">a legal motion from a coalition of media organizations\u003c/a>, including KQED.\u003c/p>\n\u003cp>David DePape, who is being charged with attempted murder in the attack, broke into Pelosi's home in Pacific Heights in the early morning of Oct. 28, and demanded to see Nancy Pelosi, who was not home at the time. DePape reportedly told Paul Pelosi he would wait for her.\u003c/p>\n\u003cp>The recording of \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/911-tape.mp3\">Pelosi's call to 911\u003c/a>, made just after 2:20 a.m., lasts less than three minutes. \"There's a gentleman here waiting for my wife to come back, Nancy Pelosi,\" he calmly tells the dispatcher.\u003c/p>\n\u003cp>\u003caudio controls=\"controls\">\u003csource src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/911-tape.mp3\">\u003c/source>\u003c/audio>\u003c/p>\n\u003cp>\"Is the Capitol Police around? They're usually here protecting my wife,\" Pelosi asks, in an apparent effort to subtly hint at the urgency of the situation, without setting off DePape.\u003c/p>\n\u003cp>When the operator asks Pelosi if he needs the police or fire department to come, Pelosi directs the question to DePape, asking, \"What do you think?\"\u003c/p>\n\u003cp>Pelosi then tells the dispatcher, \"He thinks everything's good. I've got a problem. ... He's telling me to put the phone down.\"\u003c/p>\n\u003cp>Within minutes, at least two San Francisco police officers knocked on Pelosi's door, which, in the video, either Pelosi or DePape slowly opens. The officers encounter the two men standing next to each other, each with a hand on a single hammer, police body camera footage shows. Pelosi appears to be in his boxer shorts.\u003c/p>\n\u003cp>\u003cem>Warning: This police bodycam video includes scenes of graphic violence.\u003c/em>\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/REG9RG-XeGI'\n title='//www.youtube.com/embed/REG9RG-XeGI'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>When the police order DePape to \"drop the hammer,\" he says, \"No,\" yanks the hammer away from Pelosi and, after a brief scuffle, lunges at him, hitting Pelosi in the head with it.\u003c/p>\n\u003cp>One of the officers yells, \"Oh, shit!,\" before at least two of them rush through the door and tackle DePape.\u003c/p>\n\u003cp>In the footage, Pelosi is seen lying facedown on the floor, with DePape's legs and feet on top of his back.\u003c/p>\n\u003cp>\"Give me your fucking hand,\" an officer yells twice to DePape as he tries to handcuff him. The police then call for emergency medical assistance for Pelosi. The tape ends after less than two minutes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Pelosi, 82, was taken to San Francisco General Hospital, where he underwent surgery for a skull fracture. He remained there for almost a week, before being released. He is still recovering from the attack but has recently been seen at several events with his wife, including a visit to the White House.\u003c/p>\n\u003cp>Hours after the release of the footage, Nancy Pelosi said she had not watched any of it.\u003c/p>\n\u003cp>\"I have absolutely no intention of seeing the deadly assault on my husband’s life,\" she said, adding that she would not comment any further on the incident.\u003c/p>\n\u003cp>The court also \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/Interview-with-DePape-clip.mp3\">released an audio recording\u003c/a> of a female police officer interrogating DePape after the incident. DePape acknowledges that he broke the glass on Pelosi's downstairs door to enter the home.\u003c/p>\n\u003cp>\"It was not easy,\" DePape says, adding that he likely cut his hand in the process.\u003c/p>\n\u003cp>The officer, whose tone is calm and empathetic, elicits a full confession from DePape, who describes what he did and why. His explanation begins with a conspiracy-laden political analysis of U.S. politics.\u003c/p>\n\u003cp>The officer asks DePape if he thinks Nancy Pelosi had done anything to him. He responds, \"Not me personally. But to the American people,\" and refers to \"all the fucking lies.\"\u003c/p>\n\u003cp>The attack on Pelosi is among a growing number of violent and sometimes deadly incidents targeting political figures that have been at least partly fueled by unfounded online conspiracy theories.\u003c/p>\n\u003cp>In the interview with the officer, DePape describes the encounter with Pelosi as \"mostly amiable ... except for that,\" referring to the hammer attack.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>DePape, who is being represented by a San Francisco public defender, has pleaded not guilty to the charges. His next court appearance is scheduled for Feb. 23, when a trial date is expected to be set.\u003c/p>\n\u003cp>In asking the court to release the audio and video footage shown earlier in open court, attorneys for the media coalition cited the First Amendment and the right to public access.\u003c/p>\n\u003cp>In opposing the motion, the San Francisco Public Defender's Office said graphic footage of the attack would be \"used, manipulated and altered\" in ways that would \"irreparably harm\" DePape's right to a fair trial.\u003c/p>\n\u003cp>The San Francisco District Attorney’s Office also opposed the release of the recordings, warning they would only fuel more unfounded theories about the brutal assault on Pelosi. And they were not alone.\u003c/p>\n\u003cp>Jon Lewis, a research fellow with the Program on Extremism at George Washington University, said he shares those concerns. While acknowledging the compelling reasons for the news media and researchers to have access to this footage, Lewis said he remains apprehensive that the widespread dissemination of the video and recordings could stoke violence and be used as propaganda by right-wing extremists.\u003c/p>\n\u003cp>\"I think one of the biggest concerns when we talk about the release of full, unedited video of political violence … is that this is not going to dispel the existing conspiracy theories that are already out there about this attack,\" he said. \"There is no one who was on the fence over whether or not this was an act of political violence, over the seriousness or significance of this, that is going to go watch that video and suddenly have their mind changed.\"\u003c/p>\n\u003cp>Lewis noted that many domestic terrorists — in the United States and abroad — have increasingly taken to using body cameras to livestream their horrific attacks.\u003c/p>\n\u003cp>\"They wanted to livestream and broadcast their violence in the hopes that it would inspire others to do the same,\" Lewis said. \"And obviously, here in this case, there’s no evidence that the alleged attacker did. But now you basically get a not too dissimilar result from the public dissemination of the video.\"\u003c/p>\n\u003cp>The \"right-wing extremist ecosystem,” he added, regularly takes recorded acts of violence and builds them into their propaganda as a way to incite more violence.\u003c/p>\n\u003cp>Lewis tied Pelosi’s attack to broader assaults on democracy, including the Jan. 6, 2021, attack on the U.S. Capitol, when supporters of President Donald Trump tried to overturn the results of a democratic election. Those efforts have become less focused since then, he said, but have not lost steam.\u003c/p>\n\u003cp>\u003cem>KQED's Marisa Lagos contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war",
"title": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her",
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"headTitle": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED",
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"content": "\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it’s there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.[aside label=\"Related Stories\" postID=\"news_11924388,news_11923465,news_11909454\"]While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra’s close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn’t really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"auto, (max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister’s children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn’t know that I did … Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I’m not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>‘[T]here’s always that little hope … ‘\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.[pullquote align=\"right\" size=\"medium\" citation=\"Virginia Reyes, aunt of Sandra Castañeda\"]‘How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?’[/pullquote]Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there’s always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn’t believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that’s been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn’t need to be on someone’s record’ — should not be on someone’s record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda\"]‘These people are still messing with my life, even though I already paid for my crime.’[/pullquote]The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who’s not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It’s really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]‘ICE can just say we’re not going to choose to go after and deport these people. We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.’[/pullquote]“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he’s saying, ‘I don’t know if we’re going to find a bed. And if we don’t, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I’m going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it’ll be hot. Sometimes it’ll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>‘The system … is designed to wear people down’\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]‘The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.’[/pullquote]And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she’d give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don’t speak English and … I’m only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn’t know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn’t know that it’s so important to be able to get that citizenship if you’re able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda’s case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n",
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"excerpt": "After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.",
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"title": "California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it’s there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra’s close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn’t really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"auto, (max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister’s children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn’t know that I did … Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I’m not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>‘[T]here’s always that little hope … ‘\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there’s always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn’t believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that’s been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn’t need to be on someone’s record’ — should not be on someone’s record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who’s not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It’s really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.\u003c/p>\u003c/div>",
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"content": "‘ICE can just say we’re not going to choose to go after and deport these people. We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he’s saying, ‘I don’t know if we’re going to find a bed. And if we don’t, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I’m going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it’ll be hot. Sometimes it’ll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>‘The system … is designed to wear people down’\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she’d give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don’t speak English and … I’m only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn’t know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn’t know that it’s so important to be able to get that citizenship if you’re able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda’s case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don’t need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Suspect in Half Moon Bay Farmworker Massacre Charged With 7 Counts of Murder",
"headTitle": "Suspect in Half Moon Bay Farmworker Massacre Charged With 7 Counts of Murder | KQED",
"content": "\u003cp>\u003ci>This story will no longer be updated.\u003c/i>\u003c/p>\n\u003cp>\u003cb>Update, 10 a.m. Thursday: \u003c/b>Days after a gunman killed seven farmworkers at their worksites in Half Moon Bay, San Mateo County officials and activists are calling out the deplorable conditions that some of them lived in.\u003c/p>\n\u003cp>During his visit to the mourning community on Tuesday, Gov. Gavin Newsom noted that farmworkers, many of whom are migrants, often labor for just $9 an hour and are forced to live in on-site shipping containers, as was the case for some of the victims of Monday’s shooting rampage.\u003c/p>\n\u003cp>California’s minimum wage is $15.50 per hour.\u003c/p>\n\u003cp>“Look at what’s happening in terms of the living conditions,” San Mateo District Attorney Stephen Wagstaffe said Wednesday, after the shooting suspect’s first court appearance. “Our office will focus on the prosecution. But I have spoken with the county manager … [and] the president of our board of supervisors. They have been out there. They have seen some of the squalor that exists out there. … Now we have to act on it.”\u003c/p>\n\u003cp>\u003cstrong>Update, 3 p.m. Wednesday: \u003c/strong>The suspect in Monday’s deadly rampage at two Half Moon Bay farm sites was denied bail during his first court appearance since the attacks.\u003c/p>\n\u003cp>During Wednesday’s hearing in San Mateo County Superior Court, District Attorney Steve Wagstaffe emphasized that Chunli Zhao, the 66-year-old suspect, is a Chinese national and not a U.S. citizen, and therefore has “plenty of motive to run.”\u003c/p>\n\u003cp>“For that reason, it was to me a very straightforward and simple request for no bail,” he told reporters afterward.\u003c/p>\n\u003cp>Zhao’s arraignment, initially scheduled for Wednesday, was postponed until Feb. 16, to allow him time to meet with his two attorneys, who were appointed by the court during the hearing.\u003c/p>\n\u003cp>Zhao, who used a Mandarin-language interpreter, used court papers to cover his face for much of the hearing and spoke only briefly to confirm his name when asked by Judge Susan Jakubowski.\u003c/p>\n\u003cp>He did not enter a plea.\u003c/p>\n\u003cp>Before the hearing, Wagstaffe released Zhao’s charging documents, which include seven counts of murder and one count of attempted murder. He said the charges were listed in the order in which the victims are believed to have been shot.\u003c/p>\n\u003cp>If convicted of the charges, Zhao could receive the death penalty or face life in prison without the possibility of parole.\u003c/p>\n\u003cp>“Making that decision on the death penalty is something that will take place over the course of the next many, many months as we have so much more to learn about this individual, about the victims and their families and the harm that’s been inflicted here,” Wagstaffe said, noting that the massacre was the deadliest set of mass shootings in the county’s history. “So we have a long way to go before we make that decision.”\u003c/p>\n\u003cp>He also said that after Zhao’s arrest, the suspect spoke with sheriff’s investigators through an interpreter and did not request an attorney at that time.\u003c/p>\n\u003cp>“We do have a feeling on the motive at this point based on what he told us,” Wagstaffe said, but declined to provide specific details.\u003c/p>\n\u003cp>“I would say the grievances that he had were personal.”\u003c/p>\n\u003cp>Zhao had been renting a trailer at California Terra Garden (formerly Mountain Mushroom Farm), where he had worked for years, a crisis-management consultant hired by the farm \u003ca href=\"https://www.nytimes.com/2023/01/25/us/california-shooting-half-moon-bay.html\">told The New York Times\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Update, 12 p.m. Wednesday: \u003c/strong>The San Mateo County Coroner’s Office on Wednesday confirmed the identities of six of the seven victims who were killed in Monday’s back-to-back shootings at two different mushroom farms in Half Moon Bay.\u003c/p>\n\u003cp>The victims include Zhishen Liu, 73, of San Francisco; Aixiang Zhang, 74, of San Francisco; Qizhong Cheng, 66, of Half Moon Bay; Jingzhi Lu, 64, of Half Moon Bay; Marciano Martinez Jimenez, 50, of Moss Beach; and Yetao Bing, 43, whose residence is still unknown.\u003c/p>\n\u003cp>José Romero Pérez was the seventh person killed in the attack, according to \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/Chunli_Zhao-Complaint-Packet.pdf\">charging documents released Wednesday\u003c/a> by the San Mateo District Attorney’s Office. It also identified Pedro Romero Pérez, his brother, as the one surviving victim. He is currently being treated at Stanford Medical Center.\u003c/p>\n\u003cp>The Mexican consulate confirmed that two of the deceased victims were Mexican nationals, as is survivor Pedro Romero Pérez, according to \u003ca href=\"https://sfstandard.com/community/half-moon-bay-shooting-consulates-reach-out-to-families-of-victims-in-china-mexico/\">The San Francisco Standard\u003c/a>, which also reported that both Mexico and China will provide visa and travel assistance to the bereaved families.\u003c/p>\n\u003cp>Servando Martinez Jimenez said his brother, Marciano Martinez Jimenez, 50, was a delivery person and manager at one of the farms.\u003c/p>\n\u003cp>“He was a good person. He was polite and friendly with everyone. He never had any problems with anyone. I don’t understand why all this happened,” Martinez Jimenez said, in Spanish, while standing outside his Half Moon Bay home.\u003c/p>\n\u003cp>He said his brother never mentioned Zhao or discussed any issues related to him.\u003c/p>\n\u003cp>Marciano Martinez Jimenez had lived in the United States for 28 years after arriving from the Mexican state of Oaxaca, according to Servando Martinez Jimenez, who said he is now working with the Mexican consulate to get his brother’s body home.\u003c/p>\n\u003cp>\u003cstrong>Update, 10 a.m. Wednesday: \u003c/strong>Prosecutors will charge a farmworker accused of killing seven of his co-workers and former co-workers in \u003ca href=\"https://apnews.com/article/northern-california-shootings-3eb00c19a36ad129ca7f0063f4b2aaf9\">back-to-back shootings\u003c/a> on Monday at two Half Moon Bay mushroom farms with seven counts of murder and one count of attempted murder.\u003c/p>\n\u003cp>The charges, which San Mateo County District Attorney Steve Wagstaffe announced Wednesday morning, will be filed before the suspect, 66-year-old Chunli Zhao, makes his first court appearance Wednesday afternoon.\u003c/p>\n\u003cp>It was not immediately clear whether Zhao had an attorney who could speak on his behalf.\u003c/p>\n\u003cp>Zhao, who is believed to have acted alone, also faces a special-circumstance allegation of multiple murder, as well as sentencing enhancements on each count for the use of a firearm, Wagstaffe said.\u003c/p>\n\u003cp>The charges include additional allegations that could result in life in prison without parole or the death penalty, although Gov. Gavin Newsom has issued a moratorium on executions. Among those allegations are that Zhao used a gun, caused great bodily injury, and killed multiple people.\u003c/p>\n\u003cp>\u003cstrong>Update, 4:45 p.m. Tuesday:\u003c/strong> California leaders are calling for tighter laws and regulations for assault weapon sales and high-capacity magazines following deadly shootings in Monterey Park, Half Moon Bay and Oakland this week.\u003c/p>\n\u003cp>“It’s said all the time, ‘Only in America. No. 1 in gun ownership, No. 1 in gun deaths.’ It’s not even complicated,” Gov. Gavin Newsom said at a press conference Tuesday afternoon. “This happened on our watch. It doesn’t have to be this way. It wasn’t always this way. A few decades ago we didn’t experience these things. We have allowed this to happen.”\u003c/p>\n\u003cp>Newsom, who recently visited residents and businesses reeling from the \u003ca href=\"https://www.kqed.org/news/11938863/the-long-process-of-healing-aapi-community-members-react-to-the-lunar-new-year-mass-shooting\">mass shooting in Monterey Park near Los Angeles that killed 11 people\u003c/a>, appeared visibly shaken before reporters in Half Moon Bay on Tuesday. But he didn’t shy away from quickly politicizing the tragic event, calling out specific judges and politicians who have blocked gun safety legislation from moving forward.\u003c/p>\n\u003cp>“I’m still waiting for Kevin McCarthy, the speaker of the House of Representatives. We haven’t heard a damn word from him. Not since Monterey Park, not here, not even one expression of prayers,” Newsom said.\u003c/p>\n\u003cp>There have been \u003ca href=\"https://www.gunviolencearchive.org/\">39 mass shootings in the United States since the start of the year\u003c/a> — more than any other year on record this early into the new year — according to the Gun Violence Archive, an independent gun violence data and research organization, which defines a mass shooting as an incident in which at least four victims are shot, either injured or killed, not including the shooter.\u003c/p>\n\u003cp>Many of the country’s mass shooting events have occurred since the federal assault weapons ban expired in 2004.\u003c/p>\n\u003cp>“To have two horrific shootings in our state in Monterey Park and Half Moon Bay come on the heels of the Lunar New Year is just unimaginable. It makes me think of everything we have done [to address gun violence in California],” said Assemblymember Phil Ting. “But unfortunately, it is still way too easy to purchase a legal firearm in this state. When two individuals who really absolutely have no right to have firearms and obtain it legally or illegally, there’s little we can do. My colleagues at the state level will be going back to work.”\u003c/p>\n\u003cp>Congressmember Anna Eshoo echoed those sentiments and outrage. “We have unfinished business in our country to address gun violence and workplace violence. Until that is finished business, there will be pain in many communities,” she said. “The story of America is not only to meet the challenges, but to make good on the promises.”\u003c/p>\n\u003cp>Vice President Kamala Harris will visit California on Wednesday to honor lives lost in the multiple mass shootings this week.\u003c/p>\n\u003cp>The seven people killed in Half Moon Bay were agricultural workers at two separate mushroom farms. Many lived with their families at the work sites and faced harsh work and living conditions before the attack.\u003c/p>\n\u003cp>Some of the workers live in shipping containers and make around $9 per hour, Newsom said, far less than California’s $15.50 minimum wage, without access to health care.\u003c/p>\n\u003cp>“We have exposed how our farmworker community is living, let’s not ignore that. The mental health support they need, let’s not ignore that,” said Half Moon Bay Vice Mayor Joaquín Jiménez Ureña. “Many come to this community for the pumpkin [festival] and ignore the farmworkers. Not today.”\u003c/p>\n\u003cp>\u003cstrong>Update, 3:30 p.m. Tuesday:\u003c/strong> San Mateo County Sheriff Christina Corpus confirmed that a gunman killed five men and two women at two different farm-site locations in Half Moon Bay on Monday afternoon.\u003c/p>\n\u003cp>Another man, who was critically wounded during the shooting rampage, is out of surgery and in stable condition, she said.\u003c/p>\n\u003cp>“What I can tell you is that the coastal community came together and they were here together in a time of need,” Corpus said.\u003c/p>\n\u003cp>\u003cstrong>Update, 1 p.m. Tuesday: \u003c/strong>Arraignment has been set for Half Moon Bay shooting suspect Chunli Zhao for Wednesday, Jan. 25, at 1:30 p.m. at the Hall of Justice in Redwood City.\u003c/p>\n\u003cp>Zhao is facing seven counts of murder and one count of attempted murder, plus enhancements for using a firearm, according to the San Mateo County Sheriff’s Office.\u003c/p>\n\u003cp>\u003cstrong>Update, 12:30 p.m. Tuesday: \u003c/strong>The suspect in a recent mass shooting in Half Moon Bay, who killed seven agricultural workers and left one in critical condition, had previously been accused of threatening and suffocating a coworker at a prior workplace, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/half-moon-bay-mass-shooting-suspect-once-tried-to-17738909.php\">the San Francisco Chronicle\u003c/a> reported.\u003c/p>\n\u003cp>In 2013, the suspect’s then-coworker filed a temporary restraining order against alleged shooter Chunli Zhao, court records show.\u003c/p>\n\u003cp>On Monday, Zhao, 66, allegedly opened fire at California Terra Garden (formerly Mountain Mushroom Farm), where he was an employee, and then Concord Farms, both located on the outskirts of Half Moon Bay. Officials believe the attack was an instance of workplace violence.\u003c/p>\n\u003cp>The U.S. The Department of Labor considers workplace violence to be any act or threat of physical violence, harassment or intimidation that occurs at the work site.\u003c/p>\n\u003cp>Acts of violence are the third-leading cause of fatal workplace injuries in the U.S., according to the department.\u003c/p>\n\u003cp>On Tuesday, Aaron Tung, the principal at Concord Farms, expressed gratitude for the groundswell of support following the shootings.\u003c/p>\n\u003cp>“For certain, we thank the outpouring of thoughts and support from the community. We thank law enforcement for their swift response and actions,” he said.\u003c/p>\n\u003cp>Tung said Concord Farms is a family owned and operated mushroom farm that has been at its current location for 37 years.\u003c/p>\n\u003cp>“We are shook and very eager to gain more information from the authorities and their investigations,” he added. “Our hearts are with the victims, their families and the Chinese American community—from Half Moon Bay to Monterey Park.”\u003c/p>\n\u003cfigure id=\"attachment_11939048\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939048\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536.jpg\" alt=\"A police officer patrols an area at night that's cordoned off with caution tape.\" width=\"1024\" height=\"675\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536-800x527.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536-1020x672.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536-160x105.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">A San Mateo County sheriff’s deputy patrols the area as law enforcement officials conduct an investigation hours after a shooting massacre at two mushroom farms on Jan 23, 2023, in Half Moon Bay that left seven workers dead and another critically injured. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Original story, 7 p.m. Monday (updated 11 a.m. Tuesday): \u003c/strong>Seven agricultural workers were killed and another was critically injured in a related pair of shootings Monday afternoon at two different mushroom farms on the outskirts of Half Moon Bay, marking California’s \u003ca href=\"https://www.gunviolencearchive.org/reports/mass-shooting?sort=asc&order=State\">third mass killing in just eight days\u003c/a>.\u003c/p>\n\u003cp>The suspect, whom police apprehended just over two hours after the shootings, was an employee at the first site he attacked, officials said.\u003c/p>\n\u003cp>San Mateo County Sheriff Christina Corpus said the victims worked at the two facilities. She said some were Asian and others were Hispanic, including a number of migrant workers. The coroner’s office is still working on identification of victims and notifying the next of kin, she added.\u003c/p>\n\u003cp>“As some of these victims were members of our migrant community, this represents a unique challenge when it comes to notifications and identifications of next of kin,” Corpus said.\u003c/p>\n\u003cp>The sheriff’s office said it received reports of a shooting at California Terra Garden (formerly Mountain Mushroom Farm), off Highway 92, at around 2:20 p.m. Deputies found four people dead from gunshot wounds. A fifth victim was rushed to Stanford Medical Center with life-threatening injuries, and is now out of surgery and in stable condition.\u003c/p>\n\u003cp>Minutes later, officers found three more people dead from gunshot wounds at Concord Farms, about five miles south, along Highway 1.\u003c/p>\n\u003cp>Officers arrested 66-year-old Chunli Zhao just before 5 p.m., after finding him in his car in the parking lot of a sheriff’s substation. He was taken into custody “without incident,” the sheriff’s office said. The firearm Zhao is believed to have used in the shootings — a legally purchased semi-automatic handgun — was inside his car, officials said.\u003c/p>\n\u003cp>https://twitter.com/pacifikate/status/1617687885796487168\u003c/p>\n\u003cp>Corpus on Tuesday confirmed that Zhao was an employee at California Terra Garden (formerly Mountain Mushroom Farm). Officials hadn’t determined a motive for the shooting, she said.\u003c/p>\n\u003cp>“The only known connection between the victims and the suspect is that they may have been co-workers,” Corpus said during a morning press conference. “All of the evidence we have points to this being the instance of workplace violence.”\u003c/p>\n\u003cp>She added that some workers at one facility lived on the premises and children may have seen the shooting.\u003c/p>\n\u003cp>“For children to witness this is unspeakable,” said Corpus, who was just sworn in earlier this month and is \u003ca href=\"http://Officials%20hadn't%20determined%20a%20motive%20for%20the%20shooting,%20Corpus%20said..\">the county’s first Latina sheriff\u003c/a>. “This is a devastating tragedy for this community and the families touched by this unspeakable act of violence.”\u003c/p>\n\u003cfigure id=\"attachment_11939049\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11939049 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825.jpg\" alt=\"An aerial phot of police walking past several large warehouse buildings that are cordoned off with caution tape.\" width=\"1024\" height=\"654\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825-800x511.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825-1020x651.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825-160x102.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An aerial view of San Mateo County sheriff’s deputies patrolling one of the Half Moon Bay mushroom farms where a gunman opened fire on Jan. 24, 2023. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officials did not comment on Zhao’s criminal history, but said he had not been on their radar.\u003c/p>\n\u003cp>“I will say there were no specific indicators that would have led us to believe he was capable of something like this. And he was not known to us,” said Eamonn Allen, a sheriff’s office spokesperson.\u003c/p>\n\u003cp>San Mateo County District Attorney Steve Wagstaffe said the arraignment will be Wednesday afternoon.\u003c/p>\n\u003cp>“Cases like this, we’ve never had one in this county of this many deaths at one time,” he said.\u003c/p>\n\u003cp>In a statement, the United Farm Workers union said the tragedy “leaves us heartbroken, angry, and demanding answers.”\u003c/p>\n\u003cp>“While we did not know them, they were part of the too often invisible, yet always essential, agricultural workforce that feeds America and the world,” the statement said.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"mass-shootings\"]\u003c/p>\n\u003cp>Monday’s rampage was the nation’s sixth mass killing (of four people or more) — and the third in California — just three weeks into the new year. It come less than 48 hours after a\u003ca href=\"https://apnews.com/article/monterey-park-california-shooting-updates-adf80afdeb201b866ec4c39a201f820b?utm_source=homepage&utm_medium=TopNews&utm_campaign=position_01\"> gunman opened fire at a ballroom dance hall\u003c/a> in the Southern California city of Monterey Park during a Lunar New Year celebration, killing 11 people.\u003c/p>\n\u003cp>Just a week earlier, a 16-year-old mother and her 6-month-old baby were among \u003ca href=\"https://www.washingtonpost.com/nation/2023/01/16/visalia-goshen-california-baby-killed/\">six people killed in a shooting at a home in the Central Valley town of Goshen\u003c/a>, in what authorities believe was a targeted attack.\u003c/p>\n\u003cp>“Half Moon Bay has just faced tremendous hardship with the storms,” said County Board of Supervisors President Dave Pine. “It’s a very close-knit community. And the workers are known in the community. And it’s just tearing at everyone’s hearts.”\u003c/p>\n\u003cp>Pine said he assumed the suspect was a “disgruntled worker.”\u003c/p>\n\u003cp>“Gun violence has to stop,” he said. “This is a crazy and tragic world we live in right now.”\u003c/p>\n\u003cp>President Biden on Tuesday pledged “the full support of the federal government in the wake of this heinous attack.”\u003c/p>\n\u003cp>“For the second time in recent days, California communities are mourning the loss of loved ones in a senseless act of gun violence,” Biden said in a statement. “Even as we await further details on these shootings, we know the scourge of gun violence across America requires stronger action.”\u003c/p>\n\u003cp>He urged Congress to “act quickly and deliver this Assault Weapons Ban to my desk.”\u003c/p>\n\u003cp>County Supervisor Ray Mueller said his first thought after learning of the shootings was to mobilize county mental health services to support the farmworker community.\u003c/p>\n\u003cp>“We need to get those services in place both in English and Spanish for the community at large because this community’s been through so much,” Mueller said.\u003c/p>\n\u003cp>“The strength of this community will persevere,” he added. “But this is heartbreaking.”\u003c/p>\n\u003cp>On Monday evening, Qing Hai Zhao, a resident of nearby El Granada, dropped off blankets at a family reunification center at the I.D.E.S. Portuguese Hall in Half Moon Bay on Main Street.\u003c/p>\n\u003cp>“[This] is a very peaceful place,” he said. “And although you’ve heard of such kind of tragedy happening in many places, you can’t believe it actually happened in Half Moon Bay.”\u003c/p>\n\u003cp>\u003cem>This article includes reporting from KQED’s Farida Jhabvala Romero and The Associated Press.\u003c/em>\u003c/p>\n\u003cdiv class=\"EGmpye\">\n\u003cdiv class=\"kkoyGb\">\u003c/div>\n\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "An employee of one of the two agricultural facilities where the shootings occurred was arrested and taken into custody within several hours. The rampage, believed to be a workplace violence incident, was California's third mass killing in just eight days.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ci>This story will no longer be updated.\u003c/i>\u003c/p>\n\u003cp>\u003cb>Update, 10 a.m. Thursday: \u003c/b>Days after a gunman killed seven farmworkers at their worksites in Half Moon Bay, San Mateo County officials and activists are calling out the deplorable conditions that some of them lived in.\u003c/p>\n\u003cp>During his visit to the mourning community on Tuesday, Gov. Gavin Newsom noted that farmworkers, many of whom are migrants, often labor for just $9 an hour and are forced to live in on-site shipping containers, as was the case for some of the victims of Monday’s shooting rampage.\u003c/p>\n\u003cp>California’s minimum wage is $15.50 per hour.\u003c/p>\n\u003cp>“Look at what’s happening in terms of the living conditions,” San Mateo District Attorney Stephen Wagstaffe said Wednesday, after the shooting suspect’s first court appearance. “Our office will focus on the prosecution. But I have spoken with the county manager … [and] the president of our board of supervisors. They have been out there. They have seen some of the squalor that exists out there. … Now we have to act on it.”\u003c/p>\n\u003cp>\u003cstrong>Update, 3 p.m. Wednesday: \u003c/strong>The suspect in Monday’s deadly rampage at two Half Moon Bay farm sites was denied bail during his first court appearance since the attacks.\u003c/p>\n\u003cp>During Wednesday’s hearing in San Mateo County Superior Court, District Attorney Steve Wagstaffe emphasized that Chunli Zhao, the 66-year-old suspect, is a Chinese national and not a U.S. citizen, and therefore has “plenty of motive to run.”\u003c/p>\n\u003cp>“For that reason, it was to me a very straightforward and simple request for no bail,” he told reporters afterward.\u003c/p>\n\u003cp>Zhao’s arraignment, initially scheduled for Wednesday, was postponed until Feb. 16, to allow him time to meet with his two attorneys, who were appointed by the court during the hearing.\u003c/p>\n\u003cp>Zhao, who used a Mandarin-language interpreter, used court papers to cover his face for much of the hearing and spoke only briefly to confirm his name when asked by Judge Susan Jakubowski.\u003c/p>\n\u003cp>He did not enter a plea.\u003c/p>\n\u003cp>Before the hearing, Wagstaffe released Zhao’s charging documents, which include seven counts of murder and one count of attempted murder. He said the charges were listed in the order in which the victims are believed to have been shot.\u003c/p>\n\u003cp>If convicted of the charges, Zhao could receive the death penalty or face life in prison without the possibility of parole.\u003c/p>\n\u003cp>“Making that decision on the death penalty is something that will take place over the course of the next many, many months as we have so much more to learn about this individual, about the victims and their families and the harm that’s been inflicted here,” Wagstaffe said, noting that the massacre was the deadliest set of mass shootings in the county’s history. “So we have a long way to go before we make that decision.”\u003c/p>\n\u003cp>He also said that after Zhao’s arrest, the suspect spoke with sheriff’s investigators through an interpreter and did not request an attorney at that time.\u003c/p>\n\u003cp>“We do have a feeling on the motive at this point based on what he told us,” Wagstaffe said, but declined to provide specific details.\u003c/p>\n\u003cp>“I would say the grievances that he had were personal.”\u003c/p>\n\u003cp>Zhao had been renting a trailer at California Terra Garden (formerly Mountain Mushroom Farm), where he had worked for years, a crisis-management consultant hired by the farm \u003ca href=\"https://www.nytimes.com/2023/01/25/us/california-shooting-half-moon-bay.html\">told The New York Times\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Update, 12 p.m. Wednesday: \u003c/strong>The San Mateo County Coroner’s Office on Wednesday confirmed the identities of six of the seven victims who were killed in Monday’s back-to-back shootings at two different mushroom farms in Half Moon Bay.\u003c/p>\n\u003cp>The victims include Zhishen Liu, 73, of San Francisco; Aixiang Zhang, 74, of San Francisco; Qizhong Cheng, 66, of Half Moon Bay; Jingzhi Lu, 64, of Half Moon Bay; Marciano Martinez Jimenez, 50, of Moss Beach; and Yetao Bing, 43, whose residence is still unknown.\u003c/p>\n\u003cp>José Romero Pérez was the seventh person killed in the attack, according to \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/Chunli_Zhao-Complaint-Packet.pdf\">charging documents released Wednesday\u003c/a> by the San Mateo District Attorney’s Office. It also identified Pedro Romero Pérez, his brother, as the one surviving victim. He is currently being treated at Stanford Medical Center.\u003c/p>\n\u003cp>The Mexican consulate confirmed that two of the deceased victims were Mexican nationals, as is survivor Pedro Romero Pérez, according to \u003ca href=\"https://sfstandard.com/community/half-moon-bay-shooting-consulates-reach-out-to-families-of-victims-in-china-mexico/\">The San Francisco Standard\u003c/a>, which also reported that both Mexico and China will provide visa and travel assistance to the bereaved families.\u003c/p>\n\u003cp>Servando Martinez Jimenez said his brother, Marciano Martinez Jimenez, 50, was a delivery person and manager at one of the farms.\u003c/p>\n\u003cp>“He was a good person. He was polite and friendly with everyone. He never had any problems with anyone. I don’t understand why all this happened,” Martinez Jimenez said, in Spanish, while standing outside his Half Moon Bay home.\u003c/p>\n\u003cp>He said his brother never mentioned Zhao or discussed any issues related to him.\u003c/p>\n\u003cp>Marciano Martinez Jimenez had lived in the United States for 28 years after arriving from the Mexican state of Oaxaca, according to Servando Martinez Jimenez, who said he is now working with the Mexican consulate to get his brother’s body home.\u003c/p>\n\u003cp>\u003cstrong>Update, 10 a.m. Wednesday: \u003c/strong>Prosecutors will charge a farmworker accused of killing seven of his co-workers and former co-workers in \u003ca href=\"https://apnews.com/article/northern-california-shootings-3eb00c19a36ad129ca7f0063f4b2aaf9\">back-to-back shootings\u003c/a> on Monday at two Half Moon Bay mushroom farms with seven counts of murder and one count of attempted murder.\u003c/p>\n\u003cp>The charges, which San Mateo County District Attorney Steve Wagstaffe announced Wednesday morning, will be filed before the suspect, 66-year-old Chunli Zhao, makes his first court appearance Wednesday afternoon.\u003c/p>\n\u003cp>It was not immediately clear whether Zhao had an attorney who could speak on his behalf.\u003c/p>\n\u003cp>Zhao, who is believed to have acted alone, also faces a special-circumstance allegation of multiple murder, as well as sentencing enhancements on each count for the use of a firearm, Wagstaffe said.\u003c/p>\n\u003cp>The charges include additional allegations that could result in life in prison without parole or the death penalty, although Gov. Gavin Newsom has issued a moratorium on executions. Among those allegations are that Zhao used a gun, caused great bodily injury, and killed multiple people.\u003c/p>\n\u003cp>\u003cstrong>Update, 4:45 p.m. Tuesday:\u003c/strong> California leaders are calling for tighter laws and regulations for assault weapon sales and high-capacity magazines following deadly shootings in Monterey Park, Half Moon Bay and Oakland this week.\u003c/p>\n\u003cp>“It’s said all the time, ‘Only in America. No. 1 in gun ownership, No. 1 in gun deaths.’ It’s not even complicated,” Gov. Gavin Newsom said at a press conference Tuesday afternoon. “This happened on our watch. It doesn’t have to be this way. It wasn’t always this way. A few decades ago we didn’t experience these things. We have allowed this to happen.”\u003c/p>\n\u003cp>Newsom, who recently visited residents and businesses reeling from the \u003ca href=\"https://www.kqed.org/news/11938863/the-long-process-of-healing-aapi-community-members-react-to-the-lunar-new-year-mass-shooting\">mass shooting in Monterey Park near Los Angeles that killed 11 people\u003c/a>, appeared visibly shaken before reporters in Half Moon Bay on Tuesday. But he didn’t shy away from quickly politicizing the tragic event, calling out specific judges and politicians who have blocked gun safety legislation from moving forward.\u003c/p>\n\u003cp>“I’m still waiting for Kevin McCarthy, the speaker of the House of Representatives. We haven’t heard a damn word from him. Not since Monterey Park, not here, not even one expression of prayers,” Newsom said.\u003c/p>\n\u003cp>There have been \u003ca href=\"https://www.gunviolencearchive.org/\">39 mass shootings in the United States since the start of the year\u003c/a> — more than any other year on record this early into the new year — according to the Gun Violence Archive, an independent gun violence data and research organization, which defines a mass shooting as an incident in which at least four victims are shot, either injured or killed, not including the shooter.\u003c/p>\n\u003cp>Many of the country’s mass shooting events have occurred since the federal assault weapons ban expired in 2004.\u003c/p>\n\u003cp>“To have two horrific shootings in our state in Monterey Park and Half Moon Bay come on the heels of the Lunar New Year is just unimaginable. It makes me think of everything we have done [to address gun violence in California],” said Assemblymember Phil Ting. “But unfortunately, it is still way too easy to purchase a legal firearm in this state. When two individuals who really absolutely have no right to have firearms and obtain it legally or illegally, there’s little we can do. My colleagues at the state level will be going back to work.”\u003c/p>\n\u003cp>Congressmember Anna Eshoo echoed those sentiments and outrage. “We have unfinished business in our country to address gun violence and workplace violence. Until that is finished business, there will be pain in many communities,” she said. “The story of America is not only to meet the challenges, but to make good on the promises.”\u003c/p>\n\u003cp>Vice President Kamala Harris will visit California on Wednesday to honor lives lost in the multiple mass shootings this week.\u003c/p>\n\u003cp>The seven people killed in Half Moon Bay were agricultural workers at two separate mushroom farms. Many lived with their families at the work sites and faced harsh work and living conditions before the attack.\u003c/p>\n\u003cp>Some of the workers live in shipping containers and make around $9 per hour, Newsom said, far less than California’s $15.50 minimum wage, without access to health care.\u003c/p>\n\u003cp>“We have exposed how our farmworker community is living, let’s not ignore that. The mental health support they need, let’s not ignore that,” said Half Moon Bay Vice Mayor Joaquín Jiménez Ureña. “Many come to this community for the pumpkin [festival] and ignore the farmworkers. Not today.”\u003c/p>\n\u003cp>\u003cstrong>Update, 3:30 p.m. Tuesday:\u003c/strong> San Mateo County Sheriff Christina Corpus confirmed that a gunman killed five men and two women at two different farm-site locations in Half Moon Bay on Monday afternoon.\u003c/p>\n\u003cp>Another man, who was critically wounded during the shooting rampage, is out of surgery and in stable condition, she said.\u003c/p>\n\u003cp>“What I can tell you is that the coastal community came together and they were here together in a time of need,” Corpus said.\u003c/p>\n\u003cp>\u003cstrong>Update, 1 p.m. Tuesday: \u003c/strong>Arraignment has been set for Half Moon Bay shooting suspect Chunli Zhao for Wednesday, Jan. 25, at 1:30 p.m. at the Hall of Justice in Redwood City.\u003c/p>\n\u003cp>Zhao is facing seven counts of murder and one count of attempted murder, plus enhancements for using a firearm, according to the San Mateo County Sheriff’s Office.\u003c/p>\n\u003cp>\u003cstrong>Update, 12:30 p.m. Tuesday: \u003c/strong>The suspect in a recent mass shooting in Half Moon Bay, who killed seven agricultural workers and left one in critical condition, had previously been accused of threatening and suffocating a coworker at a prior workplace, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/half-moon-bay-mass-shooting-suspect-once-tried-to-17738909.php\">the San Francisco Chronicle\u003c/a> reported.\u003c/p>\n\u003cp>In 2013, the suspect’s then-coworker filed a temporary restraining order against alleged shooter Chunli Zhao, court records show.\u003c/p>\n\u003cp>On Monday, Zhao, 66, allegedly opened fire at California Terra Garden (formerly Mountain Mushroom Farm), where he was an employee, and then Concord Farms, both located on the outskirts of Half Moon Bay. Officials believe the attack was an instance of workplace violence.\u003c/p>\n\u003cp>The U.S. The Department of Labor considers workplace violence to be any act or threat of physical violence, harassment or intimidation that occurs at the work site.\u003c/p>\n\u003cp>Acts of violence are the third-leading cause of fatal workplace injuries in the U.S., according to the department.\u003c/p>\n\u003cp>On Tuesday, Aaron Tung, the principal at Concord Farms, expressed gratitude for the groundswell of support following the shootings.\u003c/p>\n\u003cp>“For certain, we thank the outpouring of thoughts and support from the community. We thank law enforcement for their swift response and actions,” he said.\u003c/p>\n\u003cp>Tung said Concord Farms is a family owned and operated mushroom farm that has been at its current location for 37 years.\u003c/p>\n\u003cp>“We are shook and very eager to gain more information from the authorities and their investigations,” he added. “Our hearts are with the victims, their families and the Chinese American community—from Half Moon Bay to Monterey Park.”\u003c/p>\n\u003cfigure id=\"attachment_11939048\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939048\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536.jpg\" alt=\"A police officer patrols an area at night that's cordoned off with caution tape.\" width=\"1024\" height=\"675\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536-800x527.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536-1020x672.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1458994536-160x105.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">A San Mateo County sheriff’s deputy patrols the area as law enforcement officials conduct an investigation hours after a shooting massacre at two mushroom farms on Jan 23, 2023, in Half Moon Bay that left seven workers dead and another critically injured. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Original story, 7 p.m. Monday (updated 11 a.m. Tuesday): \u003c/strong>Seven agricultural workers were killed and another was critically injured in a related pair of shootings Monday afternoon at two different mushroom farms on the outskirts of Half Moon Bay, marking California’s \u003ca href=\"https://www.gunviolencearchive.org/reports/mass-shooting?sort=asc&order=State\">third mass killing in just eight days\u003c/a>.\u003c/p>\n\u003cp>The suspect, whom police apprehended just over two hours after the shootings, was an employee at the first site he attacked, officials said.\u003c/p>\n\u003cp>San Mateo County Sheriff Christina Corpus said the victims worked at the two facilities. She said some were Asian and others were Hispanic, including a number of migrant workers. The coroner’s office is still working on identification of victims and notifying the next of kin, she added.\u003c/p>\n\u003cp>“As some of these victims were members of our migrant community, this represents a unique challenge when it comes to notifications and identifications of next of kin,” Corpus said.\u003c/p>\n\u003cp>The sheriff’s office said it received reports of a shooting at California Terra Garden (formerly Mountain Mushroom Farm), off Highway 92, at around 2:20 p.m. Deputies found four people dead from gunshot wounds. A fifth victim was rushed to Stanford Medical Center with life-threatening injuries, and is now out of surgery and in stable condition.\u003c/p>\n\u003cp>Minutes later, officers found three more people dead from gunshot wounds at Concord Farms, about five miles south, along Highway 1.\u003c/p>\n\u003cp>Officers arrested 66-year-old Chunli Zhao just before 5 p.m., after finding him in his car in the parking lot of a sheriff’s substation. He was taken into custody “without incident,” the sheriff’s office said. The firearm Zhao is believed to have used in the shootings — a legally purchased semi-automatic handgun — was inside his car, officials said.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Corpus on Tuesday confirmed that Zhao was an employee at California Terra Garden (formerly Mountain Mushroom Farm). Officials hadn’t determined a motive for the shooting, she said.\u003c/p>\n\u003cp>“The only known connection between the victims and the suspect is that they may have been co-workers,” Corpus said during a morning press conference. “All of the evidence we have points to this being the instance of workplace violence.”\u003c/p>\n\u003cp>She added that some workers at one facility lived on the premises and children may have seen the shooting.\u003c/p>\n\u003cp>“For children to witness this is unspeakable,” said Corpus, who was just sworn in earlier this month and is \u003ca href=\"http://Officials%20hadn't%20determined%20a%20motive%20for%20the%20shooting,%20Corpus%20said..\">the county’s first Latina sheriff\u003c/a>. “This is a devastating tragedy for this community and the families touched by this unspeakable act of violence.”\u003c/p>\n\u003cfigure id=\"attachment_11939049\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11939049 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825.jpg\" alt=\"An aerial phot of police walking past several large warehouse buildings that are cordoned off with caution tape.\" width=\"1024\" height=\"654\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825-800x511.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825-1020x651.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1459137825-160x102.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An aerial view of San Mateo County sheriff’s deputies patrolling one of the Half Moon Bay mushroom farms where a gunman opened fire on Jan. 24, 2023. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officials did not comment on Zhao’s criminal history, but said he had not been on their radar.\u003c/p>\n\u003cp>“I will say there were no specific indicators that would have led us to believe he was capable of something like this. And he was not known to us,” said Eamonn Allen, a sheriff’s office spokesperson.\u003c/p>\n\u003cp>San Mateo County District Attorney Steve Wagstaffe said the arraignment will be Wednesday afternoon.\u003c/p>\n\u003cp>“Cases like this, we’ve never had one in this county of this many deaths at one time,” he said.\u003c/p>\n\u003cp>In a statement, the United Farm Workers union said the tragedy “leaves us heartbroken, angry, and demanding answers.”\u003c/p>\n\u003cp>“While we did not know them, they were part of the too often invisible, yet always essential, agricultural workforce that feeds America and the world,” the statement said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Monday’s rampage was the nation’s sixth mass killing (of four people or more) — and the third in California — just three weeks into the new year. It come less than 48 hours after a\u003ca href=\"https://apnews.com/article/monterey-park-california-shooting-updates-adf80afdeb201b866ec4c39a201f820b?utm_source=homepage&utm_medium=TopNews&utm_campaign=position_01\"> gunman opened fire at a ballroom dance hall\u003c/a> in the Southern California city of Monterey Park during a Lunar New Year celebration, killing 11 people.\u003c/p>\n\u003cp>Just a week earlier, a 16-year-old mother and her 6-month-old baby were among \u003ca href=\"https://www.washingtonpost.com/nation/2023/01/16/visalia-goshen-california-baby-killed/\">six people killed in a shooting at a home in the Central Valley town of Goshen\u003c/a>, in what authorities believe was a targeted attack.\u003c/p>\n\u003cp>“Half Moon Bay has just faced tremendous hardship with the storms,” said County Board of Supervisors President Dave Pine. “It’s a very close-knit community. And the workers are known in the community. And it’s just tearing at everyone’s hearts.”\u003c/p>\n\u003cp>Pine said he assumed the suspect was a “disgruntled worker.”\u003c/p>\n\u003cp>“Gun violence has to stop,” he said. “This is a crazy and tragic world we live in right now.”\u003c/p>\n\u003cp>President Biden on Tuesday pledged “the full support of the federal government in the wake of this heinous attack.”\u003c/p>\n\u003cp>“For the second time in recent days, California communities are mourning the loss of loved ones in a senseless act of gun violence,” Biden said in a statement. “Even as we await further details on these shootings, we know the scourge of gun violence across America requires stronger action.”\u003c/p>\n\u003cp>He urged Congress to “act quickly and deliver this Assault Weapons Ban to my desk.”\u003c/p>\n\u003cp>County Supervisor Ray Mueller said his first thought after learning of the shootings was to mobilize county mental health services to support the farmworker community.\u003c/p>\n\u003cp>“We need to get those services in place both in English and Spanish for the community at large because this community’s been through so much,” Mueller said.\u003c/p>\n\u003cp>“The strength of this community will persevere,” he added. “But this is heartbreaking.”\u003c/p>\n\u003cp>On Monday evening, Qing Hai Zhao, a resident of nearby El Granada, dropped off blankets at a family reunification center at the I.D.E.S. Portuguese Hall in Half Moon Bay on Main Street.\u003c/p>\n\u003cp>“[This] is a very peaceful place,” he said. “And although you’ve heard of such kind of tragedy happening in many places, you can’t believe it actually happened in Half Moon Bay.”\u003c/p>\n\u003cp>\u003cem>This article includes reporting from KQED’s Farida Jhabvala Romero and The Associated Press.\u003c/em>\u003c/p>\n\u003cdiv class=\"EGmpye\">\n\u003cdiv class=\"kkoyGb\">\u003c/div>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Abortion-Rights Supporters and Opponents Rally in SF on Eve of 50th Anniversary of Roe v. Wade",
"headTitle": "KQED News",
"content": "\u003cp>Activists on both sides of the abortion-rights issue held events in San Francisco on Saturday, the day before what would have been the 50th anniversary of Roe v. Wade, the U.S. Supreme Court decision granting pregnant people the constitutional right to end a pregnancy — a right that was overturned in 2022 with the Supreme Court's Dobbs v. Jackson Women's Health Organization ruling, leaving the regulation of all aspects of the abortion issue up to individual states.\u003c/p>\n\u003cfigure id=\"attachment_11938793\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938793\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-800x600.jpg\" alt=\"Abortion rights supporters rally in front of SF City Hall.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights supporters gathered for a rally and march in front of SF City Hall in Civic Center Plaza, across the street from the anti-abortion-rights Walk for Life West Coast rally on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The anti-abortion Walk for Life West Coast organization held its annual rally and march at 12:30 p.m. at Civic Center Plaza at 335 McAllister Street, after which they walked along Market Street to Embarcadero Plaza at Market and Steuart streets.\u003c/p>\n\u003cfigure id=\"attachment_11938794\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938794\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-800x600.jpg\" alt='An anti-abortion protestor holds a sign that reads \"peace starts in the womb\" in Spanish.' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights opponents of the Walk for Life West Coast rally gather at SF Civic Center Plaza for a rally and march on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meanwhile, more than a dozen groups came together for another march led by the National Mobilization for Reproductive Justice-SF, rallying at 11:30 a.m. at the Phillip Burton Federal Building at 450 Golden Gate Ave. before making their way down Larkin Street to Civic Center for the counterprotest. Participants of the counterprotest included the Freedom Socialist Party, the Raging Grannies, Rise Up 4 Abortion Rights Bay Area and the First Unitarian Universalist Church of San Francisco.\u003c/p>\n\u003cfigure id=\"attachment_11938796\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11938796 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-800x600.jpg\" alt=\"Seem from the back, a woman wearing a black top and bottoms, her arms spread to show orange and yellow translucent wings, lit from the front. The woman has a crown of plastic flowers on her head, and stands on stone steps in a crowd of other people. \" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">'I wear this monarch butterfly as a dance of peace,' said Sharat Lin, in front of the SF Public Library at a rally in support of abortion rights, across the street from a rally in opposition, on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938800\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938800\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-800x1067.jpg\" alt='A woman holds a sign that reads \"all people are equal, all choices are not\"' width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-scaled.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights opponents gather at SF Civic Center for a rally and march on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mainly in response to the U.S. Supreme Court overturning Roe, California lawmakers have passed a slew of safeguards for abortion access, as well as putting a constitutional amendment on the November ballot, \u003ca href=\"https://www.kqed.org/news/11931183/californians-vote-to-protect-abortion-in-constitution\">Proposition 1\u003c/a>, which was backed by Gov. Gavin Newsom and overwhelmingly approved by voters on Nov. 8.\u003c/p>\n\u003cp>Among the new laws is \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2223\">one that protects patients from prosecution if they end a pregnancy\u003c/a>, even if it's self-induced or outside the medical system. The new law also ends the requirement that coroners investigate stillbirths, after \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Kings-County-D-A-drops-prosecution-of-drug-user-17160928.php\">two Kings County women were charged\u003c/a> after testing positive for drugs.\u003c/p>\n\u003cfigure id=\"attachment_11938803\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11938803 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-800x600.jpg\" alt=\"A Black woman with short, black hair, a large white dust mask covering most of her face, wears a black top and black leggings and black shoes as she marches among other protestors.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Irene, an activist with the National Mobilization of Reproductive Justice coalition who declined to give her last name, said, 'I think that Roe was never enough, that Roe was always the floor and not the ceiling,' during a rally in support of abortion rights in SF Civic Center Plaza on Jan. 21, 2023. Irene added, 'I think what we're getting right now is that we know it's not just abortion. It is also an intersectional fight for our reproductive rights. Everyone understands now that we are all under attack. The far right has already said that they're coming for contraception, gay marriage and even interracial marriage next.' \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938797\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938797\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-800x600.jpg\" alt='A middle aged Latina woman holds a sign that says \"pray for an end to abortion\" in Spanish.' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An abortion-rights opponent at the Walk for Life West Coast rally holds a sign that reads in Spanish 'Pray for an end to abortion' at SF Civic Center on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938810\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938810\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-800x600.jpg\" alt='Two women hold signs that read \"women life freedom\" and \"women for freedom\"' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sisters Wendy Lewis (visiting from Boston) and Marcie Boyd take part in the Women’s March counterprotest in SF Civic Center Plaza on Jan. 21, 2023. \u003ccite>(Ekene Okobi/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938811\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11938811 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-800x1067.jpg\" alt=\"Two white woman, the shorter on the left with long, gray hair, and the taller and younger on the right with long brown hair, pose for a picture. The older woman has an uncertain look on her face and clasps and peach colored beanie and a protest sign against her body; the younger woman wears sunglasses and a black cap, wearing a plaid shirt and a leopard-spotted fanny pack slung across her chest, and she smiles broadly.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-scaled.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Kristine Senglaup and Stephanie Burns take part in the Walk for Life West Coast march in SF Civic Center Plaza on Jan. 21, 2023. \u003ccite>(Ekene Okobi/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938799\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938799\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-800x600.jpg\" alt='Abortion rights supporters hold a banner that reads \"free abortion on demand without apology\"' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights supporters gather for a rally and march in front of the SF Public Library across the street from a rally in opposition on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>This story includes reporting by Bay City News and KQED's Lakshmi Sarah and Ekene Okobi.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "On the eve of what would have been the 50th anniversary of Roe v. Wade, supporters and opponents of abortion rights marched and rallied in San Francisco on Saturday, converging on Civic Center Plaza.",
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"description": "On the eve of what would have been the 50th anniversary of Roe v. Wade, supporters and opponents of abortion rights marched and rallied in San Francisco on Saturday, converging on Civic Center Plaza.",
"title": "Abortion-Rights Supporters and Opponents Rally in SF on Eve of 50th Anniversary of Roe v. Wade | KQED",
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"headline": "Abortion-Rights Supporters and Opponents Rally in SF on Eve of 50th Anniversary of Roe v. Wade",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Activists on both sides of the abortion-rights issue held events in San Francisco on Saturday, the day before what would have been the 50th anniversary of Roe v. Wade, the U.S. Supreme Court decision granting pregnant people the constitutional right to end a pregnancy — a right that was overturned in 2022 with the Supreme Court's Dobbs v. Jackson Women's Health Organization ruling, leaving the regulation of all aspects of the abortion issue up to individual states.\u003c/p>\n\u003cfigure id=\"attachment_11938793\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938793\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-800x600.jpg\" alt=\"Abortion rights supporters rally in front of SF City Hall.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5795-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights supporters gathered for a rally and march in front of SF City Hall in Civic Center Plaza, across the street from the anti-abortion-rights Walk for Life West Coast rally on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The anti-abortion Walk for Life West Coast organization held its annual rally and march at 12:30 p.m. at Civic Center Plaza at 335 McAllister Street, after which they walked along Market Street to Embarcadero Plaza at Market and Steuart streets.\u003c/p>\n\u003cfigure id=\"attachment_11938794\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938794\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-800x600.jpg\" alt='An anti-abortion protestor holds a sign that reads \"peace starts in the womb\" in Spanish.' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5771-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights opponents of the Walk for Life West Coast rally gather at SF Civic Center Plaza for a rally and march on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meanwhile, more than a dozen groups came together for another march led by the National Mobilization for Reproductive Justice-SF, rallying at 11:30 a.m. at the Phillip Burton Federal Building at 450 Golden Gate Ave. before making their way down Larkin Street to Civic Center for the counterprotest. Participants of the counterprotest included the Freedom Socialist Party, the Raging Grannies, Rise Up 4 Abortion Rights Bay Area and the First Unitarian Universalist Church of San Francisco.\u003c/p>\n\u003cfigure id=\"attachment_11938796\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11938796 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-800x600.jpg\" alt=\"Seem from the back, a woman wearing a black top and bottoms, her arms spread to show orange and yellow translucent wings, lit from the front. The woman has a crown of plastic flowers on her head, and stands on stone steps in a crowd of other people. \" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5823-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">'I wear this monarch butterfly as a dance of peace,' said Sharat Lin, in front of the SF Public Library at a rally in support of abortion rights, across the street from a rally in opposition, on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938800\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938800\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-800x1067.jpg\" alt='A woman holds a sign that reads \"all people are equal, all choices are not\"' width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5772-scaled.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights opponents gather at SF Civic Center for a rally and march on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mainly in response to the U.S. Supreme Court overturning Roe, California lawmakers have passed a slew of safeguards for abortion access, as well as putting a constitutional amendment on the November ballot, \u003ca href=\"https://www.kqed.org/news/11931183/californians-vote-to-protect-abortion-in-constitution\">Proposition 1\u003c/a>, which was backed by Gov. Gavin Newsom and overwhelmingly approved by voters on Nov. 8.\u003c/p>\n\u003cp>Among the new laws is \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2223\">one that protects patients from prosecution if they end a pregnancy\u003c/a>, even if it's self-induced or outside the medical system. The new law also ends the requirement that coroners investigate stillbirths, after \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Kings-County-D-A-drops-prosecution-of-drug-user-17160928.php\">two Kings County women were charged\u003c/a> after testing positive for drugs.\u003c/p>\n\u003cfigure id=\"attachment_11938803\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11938803 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-800x600.jpg\" alt=\"A Black woman with short, black hair, a large white dust mask covering most of her face, wears a black top and black leggings and black shoes as she marches among other protestors.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5784-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Irene, an activist with the National Mobilization of Reproductive Justice coalition who declined to give her last name, said, 'I think that Roe was never enough, that Roe was always the floor and not the ceiling,' during a rally in support of abortion rights in SF Civic Center Plaza on Jan. 21, 2023. Irene added, 'I think what we're getting right now is that we know it's not just abortion. It is also an intersectional fight for our reproductive rights. Everyone understands now that we are all under attack. The far right has already said that they're coming for contraception, gay marriage and even interracial marriage next.' \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938797\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938797\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-800x600.jpg\" alt='A middle aged Latina woman holds a sign that says \"pray for an end to abortion\" in Spanish.' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5768-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An abortion-rights opponent at the Walk for Life West Coast rally holds a sign that reads in Spanish 'Pray for an end to abortion' at SF Civic Center on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938810\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938810\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-800x600.jpg\" alt='Two women hold signs that read \"women life freedom\" and \"women for freedom\"' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1133-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sisters Wendy Lewis (visiting from Boston) and Marcie Boyd take part in the Women’s March counterprotest in SF Civic Center Plaza on Jan. 21, 2023. \u003ccite>(Ekene Okobi/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938811\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11938811 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-800x1067.jpg\" alt=\"Two white woman, the shorter on the left with long, gray hair, and the taller and younger on the right with long brown hair, pose for a picture. The older woman has an uncertain look on her face and clasps and peach colored beanie and a protest sign against her body; the younger woman wears sunglasses and a black cap, wearing a plaid shirt and a leopard-spotted fanny pack slung across her chest, and she smiles broadly.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-1020x1360.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-160x213.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-1152x1536.jpg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-1536x2048.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_1129-scaled.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Kristine Senglaup and Stephanie Burns take part in the Walk for Life West Coast march in SF Civic Center Plaza on Jan. 21, 2023. \u003ccite>(Ekene Okobi/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11938799\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11938799\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-800x600.jpg\" alt='Abortion rights supporters hold a banner that reads \"free abortion on demand without apology\"' width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/IMG_5809-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Abortion-rights supporters gather for a rally and march in front of the SF Public Library across the street from a rally in opposition on Jan. 21, 2023. \u003ccite>(Lakshmi Sarah/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>This story includes reporting by Bay City News and KQED's Lakshmi Sarah and Ekene Okobi.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "the-us-faces-unprecedented-uncertainty-regarding-abortion-law-legal-scholar-says",
"title": "The US Faces 'Unprecedented Uncertainty' Regarding Abortion Law, Legal Scholar Says",
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"content": "\u003cp>In June 2022, the U.S. Supreme Court’s ruling in \u003cem>Dobbs v. Jackson Women’s Health Organization\u003c/em> \u003ca href=\"https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn\">struck down\u003c/a> \u003cem>Roe v. Wade\u003c/em>, the 1973 landmark ruling that guaranteed the right to an abortion.\u003c/p>\n\u003cp>Without \u003cem>Roe\u003c/em>, the Court’s decision left it up to the states to decide on the legality of abortion and the restrictions surrounding it. Legal scholar \u003ca href=\"https://law.ucdavis.edu/people/mary-ziegler\">Mary Ziegler \u003c/a>chronicles the legal, political and cultural debate around abortion in the new book, \u003cem>Roe: The History of a National Obsession\u003c/em>. She says the battle over abortion rights is far from over.\u003c/p>\n\u003cp>“We’re at a moment of really almost unprecedented uncertainty in the United States when it comes to abortion,” Ziegler says. “Lots of people are waking up to the reality that what was a constitutional right not very long ago is now a crime in large swaths of the country.”[aside label=\"Related Stories\" postID=\"news_11931183,news_11926949,news_11931860\"]Some states, including \u003ca href=\"https://www.npr.org/2022/11/09/1134833374/california-results-abortion-contraception-amendment-midterms\">California\u003c/a>, \u003ca href=\"https://www.npr.org/2022/11/09/1134834724/michigan-abortion-amendment-midterm-results\">Michigan\u003c/a>, \u003ca href=\"https://www.npr.org/sections/2022-live-primary-election-race-results/2022/08/02/1115317596/kansas-voters-abortion-legal-reject-constitutional-amendment\">Kansas \u003c/a>and \u003ca href=\"https://www.npr.org/2022/09/08/1121940025/south-carolina-senators-reject-a-near-total-abortion-ban\">South Carolina\u003c/a>, have responded to the \u003cem>Dobbs \u003c/em>decision by protecting legal access to abortion. Meanwhile, \u003ca href=\"https://www.npr.org/sections/health-shots/2022/06/24/1107126432/abortion-bans-supreme-court-roe-v-wade\">more than a dozen other states\u003c/a>, including \u003ca href=\"https://www.npr.org/2022/09/12/1122481691/idahos-extensive-abortion-ban-is-impacting-neighboring-washington\">Idaho\u003c/a>, \u003ca href=\"https://www.npr.org/2022/08/22/1118635642/abortion-trigger-ban-tennessee-idaho-texas\">Tennessee\u003c/a>, Arkansas and \u003ca href=\"https://www.npr.org/sections/health-shots/2022/07/26/1111280165/because-of-texas-abortion-law-her-wanted-pregnancy-became-a-medical-nightmare\">Texas\u003c/a>, have moved to enact sweeping abortion bans.\u003c/p>\n\u003cp>In Texas, for instance, abortion is a felony punishable by up to life in prison. The state’s law explicitly prohibits criminally prosecuting people seeking abortions. Instead, it focuses on abortion providers, as well as people who aid or abet them — including those who help fund abortions.\u003c/p>\n\u003cp>Then there are states where abortion is legal, but hasn’t been explicitly protected as a right in a state’s constitution or by court decisions. Ziegler points to Florida, which, because it has more liberal abortion laws than its neighboring states, is considered a “receiving state,” for people seeking abortion. “Florida, at the moment, has a 15-week ban, but nothing more than that,” she says. “We expect to see some of those states [like Florida] become battlegrounds in the years ahead.”\u003c/p>\n\u003cp>While Ziegler acknowledges that no one knows what the future of abortion rights in the U.S. will look like, one thing is certain: This is a story that’s larger than one court decision.\u003c/p>\n\u003cp>“The story of our abortion politics has always been one about more than the Supreme Court telling us what to do,” she says. “It’s been grassroots movements. It’s been ordinary voters, it’s been legislatures, it’s been state courts. And that’s going to continue to be true. So I think we’re at the very beginning of something very confusing, but also something that is far, far from over.”\u003c/p>\n\u003ch2>Interview highlights\u003c/h2>\n\u003cp>\u003cstrong>On how confusion about abortion law can stop people from exercising their right to an abortion\u003c/strong>\u003c/p>\n\u003cp>A lot of people, if they’re not sure what is and is not OK, may make the decision to not come close to crossing the line. They may be scared away from exercising a right they do, in fact, have. But I think we’re at a moment of really almost unprecedented uncertainty in the United States when it comes to abortion. That’s true of the laws. It’s true of the way abortion care is delivered. It’s true, frankly, of the strategies that are being pursued by both movements. I think the kind of old hierarchies in the movements on both sides were shaken up by the \u003cem>Dobbs \u003c/em>decision and the political developments of the past couple of years.\u003c/p>\n\u003cp>\u003cstrong>On Texas prosecutors targeting abortion funds\u003c/strong>\u003c/p>\n\u003cp>Abortion funds kind of emerged because it was very difficult for low-income people to pay for abortions because of the \u003ca href=\"https://www.npr.org/2021/05/31/1001881788/bidens-budget-proposal-reverses-a-decades-long-ban-on-abortion-funding\">Hyde Amendment\u003c/a>, which bans federal Medicaid monies being used for reimbursement for abortions. So these abortion funds have been an important part of the funding reality for decades. And these demand letters that were sent to the abortion funds in Texas essentially suggested that they had been aiding and abetting a criminal act and demanded, among other things, details about their patients’ information.[pullquote align=\"right\" size=\"medium\" citation=\"Mary Ziegler, author, 'Roe: The History of a National Obsession'\"]‘We’re at a moment of really almost unprecedented uncertainty in the United States when it comes to abortion. Lots of people are waking up to the reality that what was a constitutional right not very long ago is now a crime in large swaths of the country.’[/pullquote]And I think this has been frightening for people who support abortion rights, not only because of what it would mean for abortion funds, which, as I mentioned, are kind of the only way that low-income people have been able to reliably access money for abortion, but also because they suggest at least the possibility that people who have abortions will be somehow swept into the criminal system too.\u003c/p>\n\u003cp>\u003cstrong>On how federal health privacy law doesn’t protect a lot of digital privacy\u003c/strong>\u003c/p>\n\u003cp>There’s lots of information related to reproductive health services that doesn’t come from HIPAA-protected sources. Abortion funds are not medical providers. If you’re on Facebook talking to your friends about whether you’re going to have an abortion, that’s not protected by HIPAA. If you’re using your phone and you’re using Google Maps to get to a clinic and Google sells that data to various advertisers, there’s nothing theoretically stopping law enforcement from purchasing the same data. So in a world where abortion is a crime, it’s a reminder of how little digital privacy many of us already have.\u003c/p>\n\u003cp>\u003cstrong>On how are anti-abortion activists using the \u003c/strong>\u003ca href=\"https://www.npr.org/2021/07/07/1013592570/how-an-anti-vice-crusader-sabotaged-the-early-birth-control-movement\">\u003cstrong>Comstock Act\u003c/strong>\u003c/a>\u003cstrong> (an 1873 law that prohibits mailing “obscene” materials) to target pills by mail\u003c/strong>\u003c/p>\n\u003cp>The anti-abortion movement read the Comstock Act to say that it’s illegal to mail abortion pills anywhere — full stop — for any purpose. And so that would be tantamount to saying abortion pills themselves are entirely illegal because all abortion pills that any patient in the United States takes have been in the mail in some way or another. Abortion clinics are not manufacturing their own pills; they’re purchasing them from drug companies, pharmacies or getting them in the mail. People having telehealth procedures are getting them in the mail for the moment.\u003c/p>\n\u003cfigure id=\"attachment_11938539\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11938539\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1446517756-800x534.jpg\" alt=\"A woman of color with a megaphone gets close to the face of an angry stone-faced white man as she speaks into the megaphone\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Pro-abortion-rights and anti-abortion demonstrators clash in what has become a monthly ritual, as anti-abortion activists attempt to walk from the Old St. Patrick’s Church to a Planned Parenthood clinic, Dec. 3, 2022, in New York City, New York. \u003ccite>(Andrew Lichtenstein/Corbis via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This argument isn’t going to go anywhere, likely because the Justice Department just put out a memorandum saying that, for the time being, the federal government interprets the Comstock Act to only apply to people who are mailing abortion [pills] with criminal intention. That is to say, deliberately trying to violate laws against those abortion pills, which would make it much harder to prosecute anyone under the Comstock Act.\u003c/p>\n\u003cp>But anti-abortion activists who are invoking the Comstock Act are really playing the long game. They’re hoping either, 1) through lawsuits to get arguments about the Comstock Act before the Supreme Court, which is very conservative on abortion and may agree with anti-abortion activists’ interpretation of the Comstock Act, or, 2) just bide time until a Republican is in the White House and a Republican [Department of Justice] takes a different interpretation of the Comstock Act. So we’re seeing this argument crop up in lawsuits. We’re seeing it crop up in local ordinances passed by small towns in blue, red and purple states that mention the Comstock Act. So it’s become a kind of central part of strategy in some quarters in the anti-abortion movement.\u003c/p>\n\u003cp>\u003cstrong>On questions around the legality of traveling out of state for an abortion\u003c/strong>\u003c/p>\n\u003cp>There are pre-file bills in places like Texas and Missouri that try to put a stop to out-of-state travel for abortion. For the most part, based on the pre-file bills we’re seeing, states are not directly saying, “We’re going to criminalize travel or allow people to be sued for traveling.” They’re going more kind of indirect routes where they’re either allowing kind of SB8 [\u003ca href=\"https://www.npr.org/2022/07/11/1107741175/texas-abortion-bounty-law\">Texas Senate Bill 8.\u003c/a>]-style “bounties” against people who help others travel for abortion, people who maybe perform abortions for people from states where it’s criminal, kind of focusing on doctors and aiders or abettors. What’s unusual about that, obviously, is that one state usually can’t tell another state what to do.[pullquote align=\"right\" size=\"medium\" citation=\"Mary Ziegler, author, 'Roe: The History of a National Obsession'\"]‘I think we’re at the very beginning of something very confusing, but also something that is far, far from over.’[/pullquote]Imagine a woman from Mississippi travels to South Carolina where there’s now going to have to be legal abortion and has an abortion. And then Mississippi says, “Well, we’re going to prosecute the doctor in Mississippi for this abortion.” Usually we don’t do things like that. We haven’t done things like that really since before the Civil War, when there were fugitive slave laws in place. So it creates all kinds of uncertainty about whose law would apply. Would it be Mississippi’s or South Carolina’s in that hypothetical? Would it be constitutional for Mississippi to tell South Carolina doctors what to do? Or would that raise all kinds of red flags constitutionally? We don’t know any of the answers to that. And again, the one thing we do know is that they would most likely land before the same U.S. Supreme Court that reversed \u003cem>Roe v. Wade\u003c/em>, which is why state legislators are willing to try things out that are unprecedented in recent history and potentially constitutionally questionable as well.\u003c/p>\n\u003cp>\u003cstrong>On the anti-abortion movement’s crack down on free speech and information\u003c/strong>\u003c/p>\n\u003cp>If people don’t know what their options are, in other words, they don’t know where the clinic out of state is, they don’t know how to get abortion pills in the mail, or they don’t know how to use them safely, or how late in pregnancy it’s safe to do so, some people quite simply aren’t going to have those abortions. And so I think the effort to crack down on speech has not just been about advocacy, it’s been about access to information — online as well as offline. … There’s been a kind of concerted effort to … prevent people from accessing kind of basic information about what medication abortion involves or what kinds of services might be available in nearby states.\u003c/p>\n\u003cp>\u003cem>Sam Briger and Susan Nyakundi produced and edited this interview for broadcast. Bridget Bentz, Molly Seavy-Nesper and Carmel Wroth adapted it for the web.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Legal scholar Mary Ziegler, who chronicles the legal, political and cultural debate around abortion in her new book, says the battle over abortion rights is far from over and that it's a story that's larger than one court decision.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In June 2022, the U.S. Supreme Court’s ruling in \u003cem>Dobbs v. Jackson Women’s Health Organization\u003c/em> \u003ca href=\"https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn\">struck down\u003c/a> \u003cem>Roe v. Wade\u003c/em>, the 1973 landmark ruling that guaranteed the right to an abortion.\u003c/p>\n\u003cp>Without \u003cem>Roe\u003c/em>, the Court’s decision left it up to the states to decide on the legality of abortion and the restrictions surrounding it. Legal scholar \u003ca href=\"https://law.ucdavis.edu/people/mary-ziegler\">Mary Ziegler \u003c/a>chronicles the legal, political and cultural debate around abortion in the new book, \u003cem>Roe: The History of a National Obsession\u003c/em>. She says the battle over abortion rights is far from over.\u003c/p>\n\u003cp>“We’re at a moment of really almost unprecedented uncertainty in the United States when it comes to abortion,” Ziegler says. “Lots of people are waking up to the reality that what was a constitutional right not very long ago is now a crime in large swaths of the country.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Some states, including \u003ca href=\"https://www.npr.org/2022/11/09/1134833374/california-results-abortion-contraception-amendment-midterms\">California\u003c/a>, \u003ca href=\"https://www.npr.org/2022/11/09/1134834724/michigan-abortion-amendment-midterm-results\">Michigan\u003c/a>, \u003ca href=\"https://www.npr.org/sections/2022-live-primary-election-race-results/2022/08/02/1115317596/kansas-voters-abortion-legal-reject-constitutional-amendment\">Kansas \u003c/a>and \u003ca href=\"https://www.npr.org/2022/09/08/1121940025/south-carolina-senators-reject-a-near-total-abortion-ban\">South Carolina\u003c/a>, have responded to the \u003cem>Dobbs \u003c/em>decision by protecting legal access to abortion. Meanwhile, \u003ca href=\"https://www.npr.org/sections/health-shots/2022/06/24/1107126432/abortion-bans-supreme-court-roe-v-wade\">more than a dozen other states\u003c/a>, including \u003ca href=\"https://www.npr.org/2022/09/12/1122481691/idahos-extensive-abortion-ban-is-impacting-neighboring-washington\">Idaho\u003c/a>, \u003ca href=\"https://www.npr.org/2022/08/22/1118635642/abortion-trigger-ban-tennessee-idaho-texas\">Tennessee\u003c/a>, Arkansas and \u003ca href=\"https://www.npr.org/sections/health-shots/2022/07/26/1111280165/because-of-texas-abortion-law-her-wanted-pregnancy-became-a-medical-nightmare\">Texas\u003c/a>, have moved to enact sweeping abortion bans.\u003c/p>\n\u003cp>In Texas, for instance, abortion is a felony punishable by up to life in prison. The state’s law explicitly prohibits criminally prosecuting people seeking abortions. Instead, it focuses on abortion providers, as well as people who aid or abet them — including those who help fund abortions.\u003c/p>\n\u003cp>Then there are states where abortion is legal, but hasn’t been explicitly protected as a right in a state’s constitution or by court decisions. Ziegler points to Florida, which, because it has more liberal abortion laws than its neighboring states, is considered a “receiving state,” for people seeking abortion. “Florida, at the moment, has a 15-week ban, but nothing more than that,” she says. “We expect to see some of those states [like Florida] become battlegrounds in the years ahead.”\u003c/p>\n\u003cp>While Ziegler acknowledges that no one knows what the future of abortion rights in the U.S. will look like, one thing is certain: This is a story that’s larger than one court decision.\u003c/p>\n\u003cp>“The story of our abortion politics has always been one about more than the Supreme Court telling us what to do,” she says. “It’s been grassroots movements. It’s been ordinary voters, it’s been legislatures, it’s been state courts. And that’s going to continue to be true. So I think we’re at the very beginning of something very confusing, but also something that is far, far from over.”\u003c/p>\n\u003ch2>Interview highlights\u003c/h2>\n\u003cp>\u003cstrong>On how confusion about abortion law can stop people from exercising their right to an abortion\u003c/strong>\u003c/p>\n\u003cp>A lot of people, if they’re not sure what is and is not OK, may make the decision to not come close to crossing the line. They may be scared away from exercising a right they do, in fact, have. But I think we’re at a moment of really almost unprecedented uncertainty in the United States when it comes to abortion. That’s true of the laws. It’s true of the way abortion care is delivered. It’s true, frankly, of the strategies that are being pursued by both movements. I think the kind of old hierarchies in the movements on both sides were shaken up by the \u003cem>Dobbs \u003c/em>decision and the political developments of the past couple of years.\u003c/p>\n\u003cp>\u003cstrong>On Texas prosecutors targeting abortion funds\u003c/strong>\u003c/p>\n\u003cp>Abortion funds kind of emerged because it was very difficult for low-income people to pay for abortions because of the \u003ca href=\"https://www.npr.org/2021/05/31/1001881788/bidens-budget-proposal-reverses-a-decades-long-ban-on-abortion-funding\">Hyde Amendment\u003c/a>, which bans federal Medicaid monies being used for reimbursement for abortions. So these abortion funds have been an important part of the funding reality for decades. And these demand letters that were sent to the abortion funds in Texas essentially suggested that they had been aiding and abetting a criminal act and demanded, among other things, details about their patients’ information.\u003c/p>\u003c/div>",
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"content": "‘We’re at a moment of really almost unprecedented uncertainty in the United States when it comes to abortion. Lots of people are waking up to the reality that what was a constitutional right not very long ago is now a crime in large swaths of the country.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And I think this has been frightening for people who support abortion rights, not only because of what it would mean for abortion funds, which, as I mentioned, are kind of the only way that low-income people have been able to reliably access money for abortion, but also because they suggest at least the possibility that people who have abortions will be somehow swept into the criminal system too.\u003c/p>\n\u003cp>\u003cstrong>On how federal health privacy law doesn’t protect a lot of digital privacy\u003c/strong>\u003c/p>\n\u003cp>There’s lots of information related to reproductive health services that doesn’t come from HIPAA-protected sources. Abortion funds are not medical providers. If you’re on Facebook talking to your friends about whether you’re going to have an abortion, that’s not protected by HIPAA. If you’re using your phone and you’re using Google Maps to get to a clinic and Google sells that data to various advertisers, there’s nothing theoretically stopping law enforcement from purchasing the same data. So in a world where abortion is a crime, it’s a reminder of how little digital privacy many of us already have.\u003c/p>\n\u003cp>\u003cstrong>On how are anti-abortion activists using the \u003c/strong>\u003ca href=\"https://www.npr.org/2021/07/07/1013592570/how-an-anti-vice-crusader-sabotaged-the-early-birth-control-movement\">\u003cstrong>Comstock Act\u003c/strong>\u003c/a>\u003cstrong> (an 1873 law that prohibits mailing “obscene” materials) to target pills by mail\u003c/strong>\u003c/p>\n\u003cp>The anti-abortion movement read the Comstock Act to say that it’s illegal to mail abortion pills anywhere — full stop — for any purpose. And so that would be tantamount to saying abortion pills themselves are entirely illegal because all abortion pills that any patient in the United States takes have been in the mail in some way or another. Abortion clinics are not manufacturing their own pills; they’re purchasing them from drug companies, pharmacies or getting them in the mail. People having telehealth procedures are getting them in the mail for the moment.\u003c/p>\n\u003cfigure id=\"attachment_11938539\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11938539\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/GettyImages-1446517756-800x534.jpg\" alt=\"A woman of color with a megaphone gets close to the face of an angry stone-faced white man as she speaks into the megaphone\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/GettyImages-1446517756.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Pro-abortion-rights and anti-abortion demonstrators clash in what has become a monthly ritual, as anti-abortion activists attempt to walk from the Old St. Patrick’s Church to a Planned Parenthood clinic, Dec. 3, 2022, in New York City, New York. \u003ccite>(Andrew Lichtenstein/Corbis via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This argument isn’t going to go anywhere, likely because the Justice Department just put out a memorandum saying that, for the time being, the federal government interprets the Comstock Act to only apply to people who are mailing abortion [pills] with criminal intention. That is to say, deliberately trying to violate laws against those abortion pills, which would make it much harder to prosecute anyone under the Comstock Act.\u003c/p>\n\u003cp>But anti-abortion activists who are invoking the Comstock Act are really playing the long game. They’re hoping either, 1) through lawsuits to get arguments about the Comstock Act before the Supreme Court, which is very conservative on abortion and may agree with anti-abortion activists’ interpretation of the Comstock Act, or, 2) just bide time until a Republican is in the White House and a Republican [Department of Justice] takes a different interpretation of the Comstock Act. So we’re seeing this argument crop up in lawsuits. We’re seeing it crop up in local ordinances passed by small towns in blue, red and purple states that mention the Comstock Act. So it’s become a kind of central part of strategy in some quarters in the anti-abortion movement.\u003c/p>\n\u003cp>\u003cstrong>On questions around the legality of traveling out of state for an abortion\u003c/strong>\u003c/p>\n\u003cp>There are pre-file bills in places like Texas and Missouri that try to put a stop to out-of-state travel for abortion. For the most part, based on the pre-file bills we’re seeing, states are not directly saying, “We’re going to criminalize travel or allow people to be sued for traveling.” They’re going more kind of indirect routes where they’re either allowing kind of SB8 [\u003ca href=\"https://www.npr.org/2022/07/11/1107741175/texas-abortion-bounty-law\">Texas Senate Bill 8.\u003c/a>]-style “bounties” against people who help others travel for abortion, people who maybe perform abortions for people from states where it’s criminal, kind of focusing on doctors and aiders or abettors. What’s unusual about that, obviously, is that one state usually can’t tell another state what to do.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Imagine a woman from Mississippi travels to South Carolina where there’s now going to have to be legal abortion and has an abortion. And then Mississippi says, “Well, we’re going to prosecute the doctor in Mississippi for this abortion.” Usually we don’t do things like that. We haven’t done things like that really since before the Civil War, when there were fugitive slave laws in place. So it creates all kinds of uncertainty about whose law would apply. Would it be Mississippi’s or South Carolina’s in that hypothetical? Would it be constitutional for Mississippi to tell South Carolina doctors what to do? Or would that raise all kinds of red flags constitutionally? We don’t know any of the answers to that. And again, the one thing we do know is that they would most likely land before the same U.S. Supreme Court that reversed \u003cem>Roe v. Wade\u003c/em>, which is why state legislators are willing to try things out that are unprecedented in recent history and potentially constitutionally questionable as well.\u003c/p>\n\u003cp>\u003cstrong>On the anti-abortion movement’s crack down on free speech and information\u003c/strong>\u003c/p>\n\u003cp>If people don’t know what their options are, in other words, they don’t know where the clinic out of state is, they don’t know how to get abortion pills in the mail, or they don’t know how to use them safely, or how late in pregnancy it’s safe to do so, some people quite simply aren’t going to have those abortions. And so I think the effort to crack down on speech has not just been about advocacy, it’s been about access to information — online as well as offline. … There’s been a kind of concerted effort to … prevent people from accessing kind of basic information about what medication abortion involves or what kinds of services might be available in nearby states.\u003c/p>\n\u003cp>\u003cem>Sam Briger and Susan Nyakundi produced and edited this interview for broadcast. Bridget Bentz, Molly Seavy-Nesper and Carmel Wroth adapted it for the web.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Oakland City Council member Carroll Fife says violent threats against her and other public officials are increasing.\u003c/p>\n\u003cp>To draw attention to the problem, Fife took to Twitter on Martin Luther King Jr. Day to publicize \u003ca href=\"https://twitter.com/carroll_fife/status/1615107617873088517?s=20&t=8IKkAzpnhn0yYgpV0dss2Q\">a series of horrific, hate-filled voicemails\u003c/a> she has received, many of which use racist and violent language to demean and threaten her, a Black woman.\u003c/p>\n\u003cp>https://twitter.com/carroll_fife/status/1615107617873088517?s=20&t=tavjkgCQR3M-haTFx-xS2A\u003c/p>\n\u003cp>Fife framed her decision to publicize the messages as being directly inspired by Dr. King, \u003ca href=\"https://twitter.com/carroll_fife/status/1615107754368307202?s=20&t=I4i1N2smMNqiMLLtiP6O-Q\">ending her tweet thread with the closing line from a 1967 address\u003c/a>: “We say to our nation tonight, we say to our Government, we even say to our FBI, we will not be harassed, we will not make a butchery of our conscience, we will not be intimidated and we will be heard.”\u003c/p>\n\u003cp>Fife added in an interview with KQED on Tuesday that she’s continuing to fight for many of the same things King was, including racial and economic justice, and particularly the rights of poor people.\u003c/p>\n\u003cp>“And if we understand and deify [King] for those things, why don’t we understand that racist attacks in pursuit of those very same things are happening right here in the city of Oakland? And how progressive are we to allow these things to continue to happen?” she asked. “I’m asking folks to stand with me because what’s happening is unacceptable. I have children.”\u003c/p>\n\u003cp>\u003cem>Warning: Audio of the messages, playable in the following embedded tweets, contains explicit, violent, racist language.\u003c/em>\u003c/p>\n\u003cp>https://twitter.com/carroll_fife/status/1615107745832919040\u003c/p>\n\u003cp>Fife says these types of threats tend to increase when the city makes national headlines — particularly when Oakland is featured on Fox News. This time, she says, the timing appears to be linked to the tragic \u003ca href=\"https://www.foxnews.com/us/us-postal-worker-71-stabbed-death-repeat-offender-walking-home-oakland-california\">stabbing death of a 71-year-old postal worker\u003c/a> and Oakland resident last week.\u003c/p>\n\u003cp>“The only reason I posted it is because it’s gotten worse lately. Because this has been happening to me, honestly, pretty consistently since Moms 4 Housing,” she said, referring to the activist group she co-founded that \u003ca href=\"https://www.kqed.org/news/11787750/two-homeless-moms-occupy-vacant-house-to-protest-oakland-housing-crisis\">gained national attention in 2019 after occupying a vacant Oakland home owned by an investment firm\u003c/a>.\u003c/p>\n\u003cp>“We literally had death threats. People were saying that we need to be killed and shot and raped and all that stuff.”\u003c/p>\n\u003cp>[aside postID=news_11842392]\u003c/p>\n\u003cp>She said in addition to threatening messages and videos, she’s had dead animals and condoms left on her car.\u003c/p>\n\u003cp>Fife is not alone: \u003ca href=\"https://www.nlc.org/post/2021/11/10/new-report-harassment-threats-and-violence-directed-at-local-elected-officials-rising-at-an-alarming-rate/\">Threats against public officials have been increasing\u003c/a> in recent years, according to numerous \u003ca href=\"https://www.washingtonpost.com/politics/2022/11/09/elected-officials-threats-attacks/\">studies\u003c/a>. State Sen. Scott Wiener, who represents San Francisco in the state capital and has been an outspoken advocate for gay and transgender rights, has been the subject of threats for years, including \u003ca href=\"https://www.kcra.com/article/california-state-sen-scott-wieners-home-capitol-office-threatened/42180218\">recent bomb threats\u003c/a>.\u003c/p>\n\u003cp>Many of the attacks Fife publicized Monday blame her for Oakland’s crime and homelessness problems and claim she’s worked to “defund” the police (\u003ca href=\"https://abc7news.com/defund-police-oakland-crime-shooting/12311750/\">the Oakland police budget has actually increased in recent years\u003c/a>).\u003c/p>\n\u003cp>https://twitter.com/carroll_fife/status/1615145835322552320\u003c/p>\n\u003cp>Fife said it’s not just people calling from faraway states — she said the rhetoric of some local residents is troubling as well. She has received videos of people shooting guns and calling for people to arm themselves, she said.\u003c/p>\n\u003cp>“They whip up all of this frenzy, [saying,] ‘Carol is a criminal. She has relationships with thugs and her friends are the ones that are breaking into all of these homes. And she’s allowing killers to get out of jail and go free. And we need to do something about it.’ I don’t know how far that’s going to go,” she said.\u003c/p>\n\u003cp>“I do recognize that these are some of the signs of, you know, unhinged activity that can lead to violence.”\u003c/p>\n\u003cp>Fife said she’s made several reports to the Oakland Police Department, and planned to make another one today. Late Tuesday, an OPD spokesperson confirmed to KQED that the department has been in contact with a Council member and a report has been filed, but would not release additional information citing an ongoing investigation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Oakland City Council member Carroll Fife says violent threats against her and other public officials are increasing.\u003c/p>\n\u003cp>To draw attention to the problem, Fife took to Twitter on Martin Luther King Jr. Day to publicize \u003ca href=\"https://twitter.com/carroll_fife/status/1615107617873088517?s=20&t=8IKkAzpnhn0yYgpV0dss2Q\">a series of horrific, hate-filled voicemails\u003c/a> she has received, many of which use racist and violent language to demean and threaten her, a Black woman.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Fife framed her decision to publicize the messages as being directly inspired by Dr. King, \u003ca href=\"https://twitter.com/carroll_fife/status/1615107754368307202?s=20&t=I4i1N2smMNqiMLLtiP6O-Q\">ending her tweet thread with the closing line from a 1967 address\u003c/a>: “We say to our nation tonight, we say to our Government, we even say to our FBI, we will not be harassed, we will not make a butchery of our conscience, we will not be intimidated and we will be heard.”\u003c/p>\n\u003cp>Fife added in an interview with KQED on Tuesday that she’s continuing to fight for many of the same things King was, including racial and economic justice, and particularly the rights of poor people.\u003c/p>\n\u003cp>“And if we understand and deify [King] for those things, why don’t we understand that racist attacks in pursuit of those very same things are happening right here in the city of Oakland? And how progressive are we to allow these things to continue to happen?” she asked. “I’m asking folks to stand with me because what’s happening is unacceptable. I have children.”\u003c/p>\n\u003cp>\u003cem>Warning: Audio of the messages, playable in the following embedded tweets, contains explicit, violent, racist language.\u003c/em>\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Fife says these types of threats tend to increase when the city makes national headlines — particularly when Oakland is featured on Fox News. This time, she says, the timing appears to be linked to the tragic \u003ca href=\"https://www.foxnews.com/us/us-postal-worker-71-stabbed-death-repeat-offender-walking-home-oakland-california\">stabbing death of a 71-year-old postal worker\u003c/a> and Oakland resident last week.\u003c/p>\n\u003cp>“The only reason I posted it is because it’s gotten worse lately. Because this has been happening to me, honestly, pretty consistently since Moms 4 Housing,” she said, referring to the activist group she co-founded that \u003ca href=\"https://www.kqed.org/news/11787750/two-homeless-moms-occupy-vacant-house-to-protest-oakland-housing-crisis\">gained national attention in 2019 after occupying a vacant Oakland home owned by an investment firm\u003c/a>.\u003c/p>\n\u003cp>“We literally had death threats. People were saying that we need to be killed and shot and raped and all that stuff.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said in addition to threatening messages and videos, she’s had dead animals and condoms left on her car.\u003c/p>\n\u003cp>Fife is not alone: \u003ca href=\"https://www.nlc.org/post/2021/11/10/new-report-harassment-threats-and-violence-directed-at-local-elected-officials-rising-at-an-alarming-rate/\">Threats against public officials have been increasing\u003c/a> in recent years, according to numerous \u003ca href=\"https://www.washingtonpost.com/politics/2022/11/09/elected-officials-threats-attacks/\">studies\u003c/a>. State Sen. Scott Wiener, who represents San Francisco in the state capital and has been an outspoken advocate for gay and transgender rights, has been the subject of threats for years, including \u003ca href=\"https://www.kcra.com/article/california-state-sen-scott-wieners-home-capitol-office-threatened/42180218\">recent bomb threats\u003c/a>.\u003c/p>\n\u003cp>Many of the attacks Fife publicized Monday blame her for Oakland’s crime and homelessness problems and claim she’s worked to “defund” the police (\u003ca href=\"https://abc7news.com/defund-police-oakland-crime-shooting/12311750/\">the Oakland police budget has actually increased in recent years\u003c/a>).\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Fife said it’s not just people calling from faraway states — she said the rhetoric of some local residents is troubling as well. She has received videos of people shooting guns and calling for people to arm themselves, she said.\u003c/p>\n\u003cp>“They whip up all of this frenzy, [saying,] ‘Carol is a criminal. She has relationships with thugs and her friends are the ones that are breaking into all of these homes. And she’s allowing killers to get out of jail and go free. And we need to do something about it.’ I don’t know how far that’s going to go,” she said.\u003c/p>\n\u003cp>“I do recognize that these are some of the signs of, you know, unhinged activity that can lead to violence.”\u003c/p>\n\u003cp>Fife said she’s made several reports to the Oakland Police Department, and planned to make another one today. Late Tuesday, an OPD spokesperson confirmed to KQED that the department has been in contact with a Council member and a report has been filed, but would not release additional information citing an ongoing investigation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "California Will Dismantle Death Row — Some Cheer, but Others Are Outraged",
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"headTitle": "California Will Dismantle Death Row — Some Cheer, but Others Are Outraged | KQED",
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"content": "\u003cp>California this week pushed ahead with controversial efforts to dismantle the largest death row system in America.\u003c/p>\n\u003cp>Under Gov. Gavin Newsom, \u003ca href=\"https://www.cdcr.ca.gov/news/2023/01/11/cdcr-submits-regulations-for-the-transfer-of-condemned-inmates-from-death-row-housing-units/\">the state is moving to\u003cstrong> \u003c/strong>make the transfer of condemned people permanent and mandatory\u003c/a> after what the state’s Department of Corrections and Rehabilitation (CDCR) calls a successful pilot program that voluntarily moved 101 condemned people off death row into general population prisons across the state.\u003c/p>\n\u003cp>The effort is in keeping with Newsom’s belief that the death penalty in America is unjust, is racially and class biased and has little connection to justice.\u003c/p>\n\u003cp>“That’s a hell of a thing: The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,” the Democratic governor said last year. “Think about that. We talk about justice, we preach justice. But as a nation, we don’t practice it on death row.”\u003c/p>\n\u003cp>After\u003cstrong> \u003c/strong>a 45-day public comment period and a public hearing in March, the state hopes to start moving all 671 people on death row — 650 men and 21 women — into several other prisons across the state with high-security units.\u003c/p>\n\u003cp>Some of those people will be able to get jobs or cellmates if they are mainstreamed into the general prison population.[pullquote align=\"right\" size=\"medium\" citation=\"Gov. Gavin Newsom\"]‘The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence. Think about that. We talk about justice, we preach justice. But as a nation, we don’t practice it on death row.’[/pullquote]The CDCR says the move allows the state “to phase out the practice of segregating people on death row based solely on their sentence.” No people will be resentenced and no death row commutations offered, officials say.\u003c/p>\n\u003cp>Technically, the death penalty still exists in California. Prosecutors can still seek it. But \u003ca href=\"https://www.cdcr.ca.gov/capital-punishment/inmates-executed-1978-to-present/executed-inmate-summary-clarence-ray-allen/%20\">no one has been put to death in the state in 17 years\u003c/a>. And in 2019, Newsom imposed \u003ca href=\"https://www.gov.ca.gov/2019/03/13/governor-gavin-newsom-orders-a-halt-to-the-death-penalty-in-california/%20\">a moratorium on executions\u003c/a> and closed the death chamber at San Quentin, the decrepit and still heavily used 19th-century prison overlooking San Francisco Bay.\u003c/p>\n\u003cp>Those who get prison jobs — as clerks, or laundry or kitchen helpers — will see 70% of their pay go to victims’ families, as required under Proposition 66. That 2016 voter-passed initiative amended California’s Penal Code to require people sentenced to death to work and pay restitution.\u003c/p>\n\u003cp>Anti-capital punishment groups are elated that the state with the largest condemned population is moving forward with efforts to, in effect, join the \u003ca href=\"https://deathpenaltyinfo.org/state-and-federal-info/state-by-state%20\">23 other states that have abolished their death rows\u003c/a>.\u003c/p>\n\u003cp>\u003cem>“\u003c/em>I’m thrilled. Gavin Newsom is doing a very smart thing and a very positive thing,” says actor Mike Farrell, a long-time activist on the issue who chairs the group \u003ca href=\"https://deathpenalty.org/\">Death Penalty Focus\u003c/a>. “It will continue to show people that the death penalty is neither necessary nor is it doing us any good.”\u003c/p>\n\u003cp>Farrell calls capital punishment barbaric and biased against Black and brown people and those from lower socioeconomic backgrounds. While he wholly supports\u003cstrong> \u003c/strong>Newsom’s move, he points out that many people on death row face serious psychological hurdles, which will complicate the process of mainstreaming people on death row.\u003c/p>\n\u003cp>“It’s going to be very difficult. There are many people on death row with serious mental issues,” he told NPR\u003cstrong>, \u003c/strong>noting many have been isolated for decades. “I think it’s a very good move on [Newsom’s] part. I just think that it has to be done extraordinarily carefully and very, very humanely.”\u003c/p>\n\u003ch2>Some families of murder victim are opposed\u003c/h2>\n\u003cp>But death penalty proponents and victims’ rights advocates are frustrated and angry.\u003c/p>\n\u003cp>“To hear this news is devastating,” says Sandra Friend. She described feeling victimized all over again.\u003c/p>\n\u003cp>Her \u003ca href=\"https://www.change.org/p/forever-fighting-in-memory-of-michael-lyons%20%20\">8-year-old son, Michael Lyons\u003c/a>, was making his way home from school in Yuba City in 1996 when he was abducted and sodomized by serial killer Robert Boyd Rhoades, who dumped the child’s body in a riverbed.[aside label=\"Related Stories\" postID=\"news_10833493,news_11903391,news_11732471\"]“He [Rhoades] tortured Michael for 10 hours. He stabbed him 70 to 80 times,” she says. “And he was 8 years old. Just the little boy full of life, full of dreams.”\u003c/p>\n\u003cp>Rhoades was convicted of Lyons’ murder in 1998 and later sentenced to die by lethal injection. But that never happened.\u003c/p>\n\u003cp>In part, California’s death penalty reforms grew out of 2016’s Prop. 66, which promised to speed up the time between a death sentence and an execution. The successful ballot measure also required condemned people to work and pay restitution.\u003c/p>\n\u003cp>Now death penalty proponents accuse Newsom of exploiting a lesser-known section of Prop. 66 for his own ideological and political purposes.\u003c/p>\n\u003cp>“The governor has taken loopholes and nuances in the law and used them to give criminals — the worst criminals — a break,” says Michael Rushford, president of the conservative \u003ca href=\"https://www.cjlf.org/\">Criminal Justice Legal Foundation\u003c/a>. “To start mainstreaming people like \u003ca href=\"https://www.latimes.com/archives/la-xpm-1986-05-01-me-2666-story.html\">Tiequon Cox\u003c/a>, who killed an entire family in Los Angeles after going to the wrong address to do a gang hit, is an abandonment of justice. Injecting politics into criminal justice and public safety is insane. It’s unjust, unfair and it’s stupid.”\u003c/p>\n\u003ch2>Other states have taken similar measures\u003c/h2>\n\u003cp>In recent years, governors in Pennsylvania and Oregon also have imposed moratoriums on the death penalty.\u003c/p>\n\u003cp>Oregon’s Kate Brown extended her predecessor’s moratorium. And in one of her last acts as governor last month, \u003ca href=\"https://www.opb.org/article/2022/12/15/oregon-gov-kate-brown-explains-why-she-commuted-all-of-her-state-s-death-sentences/\">she commuted the sentences of all 17 people on death row to life in prison with no possibility of parole\u003c/a>. She also ordered corrections officials to begin dismantling the state’s execution chamber.\u003c/p>\n\u003cp>“I believe that there are many Oregonians that share my values that it is inequitable, immoral and doesn’t make sense for the state to take a life, particularly when it is irreversible,” she said, after announcing her decision shortly before the holiday break.[pullquote align=\"right\" size=\"medium\" citation=\"Mike Farrell, actor/activist, Death Penalty Focus\"]‘I’m thrilled. Gavin Newsom is doing a very smart thing and a very positive thing. It will continue to show people that the death penalty is neither necessary nor is it doing us any good.’[/pullquote]Nationally, \u003ca href=\"https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2022-year-end-report\">five-year averages of executions and new death sentences in America have hit decade lows\u003c/a>, according to the recently published annual report by the nonpartisan and nonprofit Death Penalty Information Center.\u003c/p>\n\u003cp>Gallup polling shows \u003ca href=\"https://news.gallup.com/poll/404975/steady-americans-support-death-penalty-murderers.aspx\">a majority 55% of Americans are in favor of the death penalty for people convicted of murder\u003c/a>. But that’s in stark contrast to the consistent 60% to 80% support recorded between 1976 and 2016, Gallup data shows.\u003c/p>\n\u003cp>In California, Sandra Friend says it’s outrageous that killers like Rhoades may “get rewarded,” as she puts it, with expanded work options, even a cellmate.\u003c/p>\n\u003cp>“For him to be able to leave death row and go into a cushier prison, having maybe possibly a cellie, having a job, is terrifying because he is the worst of the worst. He is a monster,” she says.\u003c/p>\n\u003cp>State officials underscore that transfers of people on death row and their housing will depend on the specific facts of each incarcerated person.\u003c/p>\n\u003cp>“Their housing would depend on their individual case factors, and it’s what the multidisciplinary teams will be evaluating,” says CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>But Friend and other victims’ families worry that simply allowing people on death row to mingle with other incarcerated people who will eventually be released is dangerous.\u003c/p>\n\u003cp>“Just to think about [Rhoades] interacting with other inmates and having the opportunity to teach those skills and those methods of keeping, you know, under the radar is terrifying,” Friend says. “He is a great threat to our society, our children.”\u003c/p>\n\u003cp>The state hopes to permanently empty California’s death row by this fall, a CDCR official says.\u003c/p>\n\u003cp>Friend vows to fight the effort. A public hearing on the issue is scheduled in Sacramento for March 8.\u003c/p>\n\u003cp>“I’m definitely going to make Michael’s voice heard,” she says, “because he’s the one that is getting lost in all of this.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California this week pushed ahead with controversial efforts to dismantle the largest death row system in America.\u003c/p>\n\u003cp>Under Gov. Gavin Newsom, \u003ca href=\"https://www.cdcr.ca.gov/news/2023/01/11/cdcr-submits-regulations-for-the-transfer-of-condemned-inmates-from-death-row-housing-units/\">the state is moving to\u003cstrong> \u003c/strong>make the transfer of condemned people permanent and mandatory\u003c/a> after what the state’s Department of Corrections and Rehabilitation (CDCR) calls a successful pilot program that voluntarily moved 101 condemned people off death row into general population prisons across the state.\u003c/p>\n\u003cp>The effort is in keeping with Newsom’s belief that the death penalty in America is unjust, is racially and class biased and has little connection to justice.\u003c/p>\n\u003cp>“That’s a hell of a thing: The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,” the Democratic governor said last year. “Think about that. We talk about justice, we preach justice. But as a nation, we don’t practice it on death row.”\u003c/p>\n\u003cp>After\u003cstrong> \u003c/strong>a 45-day public comment period and a public hearing in March, the state hopes to start moving all 671 people on death row — 650 men and 21 women — into several other prisons across the state with high-security units.\u003c/p>\n\u003cp>Some of those people will be able to get jobs or cellmates if they are mainstreamed into the general prison population.\u003c/p>\u003c/div>",
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"content": "‘The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence. Think about that. We talk about justice, we preach justice. But as a nation, we don’t practice it on death row.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The CDCR says the move allows the state “to phase out the practice of segregating people on death row based solely on their sentence.” No people will be resentenced and no death row commutations offered, officials say.\u003c/p>\n\u003cp>Technically, the death penalty still exists in California. Prosecutors can still seek it. But \u003ca href=\"https://www.cdcr.ca.gov/capital-punishment/inmates-executed-1978-to-present/executed-inmate-summary-clarence-ray-allen/%20\">no one has been put to death in the state in 17 years\u003c/a>. And in 2019, Newsom imposed \u003ca href=\"https://www.gov.ca.gov/2019/03/13/governor-gavin-newsom-orders-a-halt-to-the-death-penalty-in-california/%20\">a moratorium on executions\u003c/a> and closed the death chamber at San Quentin, the decrepit and still heavily used 19th-century prison overlooking San Francisco Bay.\u003c/p>\n\u003cp>Those who get prison jobs — as clerks, or laundry or kitchen helpers — will see 70% of their pay go to victims’ families, as required under Proposition 66. That 2016 voter-passed initiative amended California’s Penal Code to require people sentenced to death to work and pay restitution.\u003c/p>\n\u003cp>Anti-capital punishment groups are elated that the state with the largest condemned population is moving forward with efforts to, in effect, join the \u003ca href=\"https://deathpenaltyinfo.org/state-and-federal-info/state-by-state%20\">23 other states that have abolished their death rows\u003c/a>.\u003c/p>\n\u003cp>\u003cem>“\u003c/em>I’m thrilled. Gavin Newsom is doing a very smart thing and a very positive thing,” says actor Mike Farrell, a long-time activist on the issue who chairs the group \u003ca href=\"https://deathpenalty.org/\">Death Penalty Focus\u003c/a>. “It will continue to show people that the death penalty is neither necessary nor is it doing us any good.”\u003c/p>\n\u003cp>Farrell calls capital punishment barbaric and biased against Black and brown people and those from lower socioeconomic backgrounds. While he wholly supports\u003cstrong> \u003c/strong>Newsom’s move, he points out that many people on death row face serious psychological hurdles, which will complicate the process of mainstreaming people on death row.\u003c/p>\n\u003cp>“It’s going to be very difficult. There are many people on death row with serious mental issues,” he told NPR\u003cstrong>, \u003c/strong>noting many have been isolated for decades. “I think it’s a very good move on [Newsom’s] part. I just think that it has to be done extraordinarily carefully and very, very humanely.”\u003c/p>\n\u003ch2>Some families of murder victim are opposed\u003c/h2>\n\u003cp>But death penalty proponents and victims’ rights advocates are frustrated and angry.\u003c/p>\n\u003cp>“To hear this news is devastating,” says Sandra Friend. She described feeling victimized all over again.\u003c/p>\n\u003cp>Her \u003ca href=\"https://www.change.org/p/forever-fighting-in-memory-of-michael-lyons%20%20\">8-year-old son, Michael Lyons\u003c/a>, was making his way home from school in Yuba City in 1996 when he was abducted and sodomized by serial killer Robert Boyd Rhoades, who dumped the child’s body in a riverbed.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“He [Rhoades] tortured Michael for 10 hours. He stabbed him 70 to 80 times,” she says. “And he was 8 years old. Just the little boy full of life, full of dreams.”\u003c/p>\n\u003cp>Rhoades was convicted of Lyons’ murder in 1998 and later sentenced to die by lethal injection. But that never happened.\u003c/p>\n\u003cp>In part, California’s death penalty reforms grew out of 2016’s Prop. 66, which promised to speed up the time between a death sentence and an execution. The successful ballot measure also required condemned people to work and pay restitution.\u003c/p>\n\u003cp>Now death penalty proponents accuse Newsom of exploiting a lesser-known section of Prop. 66 for his own ideological and political purposes.\u003c/p>\n\u003cp>“The governor has taken loopholes and nuances in the law and used them to give criminals — the worst criminals — a break,” says Michael Rushford, president of the conservative \u003ca href=\"https://www.cjlf.org/\">Criminal Justice Legal Foundation\u003c/a>. “To start mainstreaming people like \u003ca href=\"https://www.latimes.com/archives/la-xpm-1986-05-01-me-2666-story.html\">Tiequon Cox\u003c/a>, who killed an entire family in Los Angeles after going to the wrong address to do a gang hit, is an abandonment of justice. Injecting politics into criminal justice and public safety is insane. It’s unjust, unfair and it’s stupid.”\u003c/p>\n\u003ch2>Other states have taken similar measures\u003c/h2>\n\u003cp>In recent years, governors in Pennsylvania and Oregon also have imposed moratoriums on the death penalty.\u003c/p>\n\u003cp>Oregon’s Kate Brown extended her predecessor’s moratorium. And in one of her last acts as governor last month, \u003ca href=\"https://www.opb.org/article/2022/12/15/oregon-gov-kate-brown-explains-why-she-commuted-all-of-her-state-s-death-sentences/\">she commuted the sentences of all 17 people on death row to life in prison with no possibility of parole\u003c/a>. She also ordered corrections officials to begin dismantling the state’s execution chamber.\u003c/p>\n\u003cp>“I believe that there are many Oregonians that share my values that it is inequitable, immoral and doesn’t make sense for the state to take a life, particularly when it is irreversible,” she said, after announcing her decision shortly before the holiday break.\u003c/p>\u003c/div>",
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"content": "‘I’m thrilled. Gavin Newsom is doing a very smart thing and a very positive thing. It will continue to show people that the death penalty is neither necessary nor is it doing us any good.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Nationally, \u003ca href=\"https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2022-year-end-report\">five-year averages of executions and new death sentences in America have hit decade lows\u003c/a>, according to the recently published annual report by the nonpartisan and nonprofit Death Penalty Information Center.\u003c/p>\n\u003cp>Gallup polling shows \u003ca href=\"https://news.gallup.com/poll/404975/steady-americans-support-death-penalty-murderers.aspx\">a majority 55% of Americans are in favor of the death penalty for people convicted of murder\u003c/a>. But that’s in stark contrast to the consistent 60% to 80% support recorded between 1976 and 2016, Gallup data shows.\u003c/p>\n\u003cp>In California, Sandra Friend says it’s outrageous that killers like Rhoades may “get rewarded,” as she puts it, with expanded work options, even a cellmate.\u003c/p>\n\u003cp>“For him to be able to leave death row and go into a cushier prison, having maybe possibly a cellie, having a job, is terrifying because he is the worst of the worst. He is a monster,” she says.\u003c/p>\n\u003cp>State officials underscore that transfers of people on death row and their housing will depend on the specific facts of each incarcerated person.\u003c/p>\n\u003cp>“Their housing would depend on their individual case factors, and it’s what the multidisciplinary teams will be evaluating,” says CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>But Friend and other victims’ families worry that simply allowing people on death row to mingle with other incarcerated people who will eventually be released is dangerous.\u003c/p>\n\u003cp>“Just to think about [Rhoades] interacting with other inmates and having the opportunity to teach those skills and those methods of keeping, you know, under the radar is terrifying,” Friend says. “He is a great threat to our society, our children.”\u003c/p>\n\u003cp>The state hopes to permanently empty California’s death row by this fall, a CDCR official says.\u003c/p>\n\u003cp>Friend vows to fight the effort. A public hearing on the issue is scheduled in Sacramento for March 8.\u003c/p>\n\u003cp>“I’m definitely going to make Michael’s voice heard,” she says, “because he’s the one that is getting lost in all of this.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>On a cold day in November 2016, a man with long, blond locks and grungy blue overalls stumbled out of the woods. He had been living up in the mountains above Laytonville, in Mendocino County, and had walked eight hours into town in search of the police. He had found the body of a man he knew, Jeff Settler. And it looked like murder.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11791257,forum_2010101890551\"]On the other side of the country, in New Jersey, Sam Anderson had just moved back home to live with his parents. The people he grew up with were all buzzing about the lead suspect in a murder thousands of miles away: a kid they’d gone to high school with, Zachary Wuester. Wuester went out to California to make some money working on pot farms. Now it seemed he’d gotten caught up in something his friends back home couldn’t fathom.\u003c/p>\n\u003cp>“The idea of [Wuester] being accused of murder was just absolutely insane,” Anderson told California Report host Sasha Khokha. “And I knew that finding out his involvement would be a window into this world: the Emerald Triangle.”\u003c/p>\n\u003cfigure id=\"attachment_11938058\" class=\"wp-caption alignright\" style=\"max-width: 411px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11938058\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-800x800.jpg\" alt=\"a logo for a podcast titled 'The Emerald Triangle'\" width=\"411\" height=\"411\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-800x800.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-1020x1020.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-160x160.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-1536x1536.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-2048x2048.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-1920x1920.jpg 1920w\" sizes=\"(max-width: 411px) 100vw, 411px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Crooked City: The Emerald Triangle premiered in November.\u003c/figcaption>\u003c/figure>\n\u003cp>Three Northern California counties — Humboldt, Mendocino and Trinity — make up what is known as the Emerald Triangle. In these mountainous regions, illegal pot farms have flourished. People come from all over to make quick money cultivating and trimming the marijuana. California legalized marijuana in 2016, but black market grows still operate, shipping their product to states where weed is still illegal and the profits are higher.\u003c/p>\n\u003cp>As he read more about the arrest, Anderson became fascinated with the Emerald Triangle and its outlaw culture. He packed up his car and drove out to Mendocino to try to uncover what really happened in the murder case. He showed up in Laytonville, known to be hostile to outsiders, asking questions about the illegal pot growing industry.\u003c/p>\n\u003cp>Over five years, Anderson would befriend local characters, get caught up in some scary situations and learn how to be an investigative journalist. He had to earn the trust of people close to the victim and the accused, all while living and working out of a tent, which became his “office” as he reported. Ultimately, he stumbled upon recordings of the police investigation, which helped crack open the case.\u003c/p>\n\u003cfigure id=\"attachment_11938055\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/weed-plant-w-recorder-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11938055 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/weed-plant-w-recorder-800x499.jpg\" alt=\"a young white man wearing headphones and a blue t-shirt and jeans smiles as he holds an audio recorder up to a cannabis plant on a farm with blue sky in the background\" width=\"800\" height=\"499\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-800x499.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-1020x636.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-1536x958.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-2048x1278.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-1920x1198.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sam Anderson recording at a legal cannabis farm in Laytonville. \u003ccite>(Courtesy of Mickey Capper)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Listen to Sasha’s interview with Anderson about the reporting process and what it was like to try to break into an insular community, all the while with a microphone in hand. Anderson did ultimately uncover some satisfying answers about Jeff Settler’s murder. Along the way he learned a lot about the conditions for workers in California’s black market weed industry.\u003c/p>\n\u003cp>Check out Anderson’s 10-part podcast, \u003ca href=\"https://www.sonymusic.com/sonymusic/the-emerald-triangle-second-season-of-crooked-city-premiere/\">Crooked City: The Emerald Triangle\u003c/a>, to find out whether his friend Zach Wuester really was involved in the murder, and catch a glimpse of life among the outlaws in one of California’s most remote, mysterious regions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>On the other side of the country, in New Jersey, Sam Anderson had just moved back home to live with his parents. The people he grew up with were all buzzing about the lead suspect in a murder thousands of miles away: a kid they’d gone to high school with, Zachary Wuester. Wuester went out to California to make some money working on pot farms. Now it seemed he’d gotten caught up in something his friends back home couldn’t fathom.\u003c/p>\n\u003cp>“The idea of [Wuester] being accused of murder was just absolutely insane,” Anderson told California Report host Sasha Khokha. “And I knew that finding out his involvement would be a window into this world: the Emerald Triangle.”\u003c/p>\n\u003cfigure id=\"attachment_11938058\" class=\"wp-caption alignright\" style=\"max-width: 411px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11938058\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-800x800.jpg\" alt=\"a logo for a podcast titled 'The Emerald Triangle'\" width=\"411\" height=\"411\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-800x800.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-1020x1020.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-160x160.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-1536x1536.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-2048x2048.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/EmeraldTriangle_TileArt-FINAL-1920x1920.jpg 1920w\" sizes=\"(max-width: 411px) 100vw, 411px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Crooked City: The Emerald Triangle premiered in November.\u003c/figcaption>\u003c/figure>\n\u003cp>Three Northern California counties — Humboldt, Mendocino and Trinity — make up what is known as the Emerald Triangle. In these mountainous regions, illegal pot farms have flourished. People come from all over to make quick money cultivating and trimming the marijuana. California legalized marijuana in 2016, but black market grows still operate, shipping their product to states where weed is still illegal and the profits are higher.\u003c/p>\n\u003cp>As he read more about the arrest, Anderson became fascinated with the Emerald Triangle and its outlaw culture. He packed up his car and drove out to Mendocino to try to uncover what really happened in the murder case. He showed up in Laytonville, known to be hostile to outsiders, asking questions about the illegal pot growing industry.\u003c/p>\n\u003cp>Over five years, Anderson would befriend local characters, get caught up in some scary situations and learn how to be an investigative journalist. He had to earn the trust of people close to the victim and the accused, all while living and working out of a tent, which became his “office” as he reported. Ultimately, he stumbled upon recordings of the police investigation, which helped crack open the case.\u003c/p>\n\u003cfigure id=\"attachment_11938055\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/weed-plant-w-recorder-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11938055 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/weed-plant-w-recorder-800x499.jpg\" alt=\"a young white man wearing headphones and a blue t-shirt and jeans smiles as he holds an audio recorder up to a cannabis plant on a farm with blue sky in the background\" width=\"800\" height=\"499\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-800x499.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-1020x636.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-1536x958.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-2048x1278.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/01/weed-plant-w-recorder-1920x1198.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sam Anderson recording at a legal cannabis farm in Laytonville. \u003ccite>(Courtesy of Mickey Capper)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Listen to Sasha’s interview with Anderson about the reporting process and what it was like to try to break into an insular community, all the while with a microphone in hand. Anderson did ultimately uncover some satisfying answers about Jeff Settler’s murder. Along the way he learned a lot about the conditions for workers in California’s black market weed industry.\u003c/p>\n\u003cp>Check out Anderson’s 10-part podcast, \u003ca href=\"https://www.sonymusic.com/sonymusic/the-emerald-triangle-second-season-of-crooked-city-premiere/\">Crooked City: The Emerald Triangle\u003c/a>, to find out whether his friend Zach Wuester really was involved in the murder, and catch a glimpse of life among the outlaws in one of California’s most remote, mysterious regions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>California on Thursday announced it will sue the companies that make and promote most of the nation’s insulin, accusing them of scheming to illegally increase the price of the drug and demanding they return millions of dollars to some diabetics whom state officials say were overcharged for the medicine they must have to survive.\u003c/p>\n\u003cp>\u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/2023.01.12%20-%20Eli%20Lilly%20Complaint.pdf\">The lawsuit (PDF)\u003c/a>, to be filed in Los Angeles County Superior Court by Attorney General Rob Bonta, is the latest in a parade of legal actions against these companies from states across the political spectrum — all who have accused the corporate giants of abusing their power to quash competition and boost their profits by keeping the price of insulin high.[pullquote align=\"right\" size=\"medium\" citation=\"Attorney General Rob Bonta\"]‘It is not a partisan issue, all say the same thing: That the status quo is unacceptable and problematic and awful.’[/pullquote]A \u003ca href=\"https://www.rand.org/blog/rand-review/2021/01/the-astronomical-price-of-insulin-hurts-american-families.html\">2021 study\u003c/a> by the RAND Corporation comparing the insulin prices of nearly three dozen countries found prices in the United States were about 10 times higher than everywhere else. The average price of a vial of insulin in the United States was $98, while in nearby Canada it was $12.\u003c/p>\n\u003cp>Attorneys general in \u003ca href=\"https://www.cbs19news.com/story/47854094/ag-derek-schmidt-files-lawsuit-alleging-illegal-practices-have-inflated-insulin-prices-in-kansas\">Kansas\u003c/a>, \u003ca href=\"https://apnews.com/article/health-lawsuits-arkansas-diabetes-083486b27c73d1828cb49578a53165e4\">Arkansas, \u003c/a>\u003ca href=\"https://www.ago.state.ms.us/2021/06/08/ag-lynn-fitch-files-lawsuit-against-insulin-manufacturers-and-pbms-over-insulin-pricing-scheme/\">Mississippi, \u003c/a>\u003ca href=\"https://apnews.com/article/ffabe9fc174d4f2a9b3d952c24d67c95\">Minnesota\u003c/a> and \u003ca href=\"https://apnews.com/article/4c77f57063904e47806bc2000238c140\">Kentucky\u003c/a> have all filed similar lawsuits in recent years.\u003c/p>\n\u003cp>“It is not a partisan issue,” said Bonta, a Democrat who was elected to his first full term in November. Bonta said state attorneys general from both major political parties “all say the same thing: That the status quo is unacceptable and problematic and awful.”\u003c/p>\n\u003cp>Bonta sued three companies who make insulin — Eli Lilly, Novo Nordisk and Sanofi — and three companies who manage prescription drug programs that provide insulin — CVS Caremark, Express Scripts and Optum Rx.\u003c/p>\n\u003cp>Bonta said the manufacturers raise the price of insulin “in lockstep with each other.” The prescription drug managers then negotiate with the manufacturers to get a percentage of that price in exchange for prominently promoting their high-price insulin over cheaper alternatives.\u003c/p>\n\u003cp>“People are losing their lives because they can’t afford the drug,” Bonta said.\u003c/p>\n\u003cp>Insulin manufacturers and prescription drug managers often blame each other for these higher prices. Mike DeAngelis, executive director of corporate communications for CVS Health, said the manufacturers alone set the list price for their products.[aside label=\"Related Stories\" postID=\"news_11920898,perspectives_201601142493\"]“Nothing in our agreements prevents drug manufacturers from lowering the prices of their insulin products and we would welcome such action,” he said. “Allegations that we play any role in determining the prices charged by manufacturers are false. We plan to vigorously defend against this complaint.”\u003c/p>\n\u003cp>A statement from Optum Rx said the company “welcomes the opportunity to show the California Office of the Attorney General, just as it has with other States Attorneys General, how we work every day to provide people with access to affordable drugs, including insulin.”\u003c/p>\n\u003cp>Representatives for Eli Lilly and Sanofi did not respond to a request for comment. A representative for Novo Nordisk declined to comment on the lawsuit. But the company provided some “background information” saying the net prices for its insulin products — the list price minus rebates and discounts — have fallen in each of the past five years “in large part to the significant rebates and discounts manufacturers pay to ensure access for patients.”\u003c/p>\n\u003cp>Insulin is made by the pancreas and is used by the human body to convert the food we eat into energy. People who have diabetes don’t produce enough insulin. People with Type 1 diabetes must take insulin every day to survive.\u003c/p>\n\u003cp>A team of Canadian scientists discovered insulin a century ago. They sold the patent to the University of Toronto for just $1 hoping to avoid a monopoly that could cause high prices. But eventually, the market came to be dominated by just three companies.\u003c/p>\n\u003cp>Kevin Wren, an activist associated with the California chapter of #Insulin4All, said he must take insulin every day to survive. Around 2009, Wren said he was working two jobs and did not have health insurance. He had to ration his insulin, taking less than the recommended dosage to make it last longer — a dangerous practice that he said ended up putting him in the hospital with ketoacidosis, a serious complication of diabetes.[pullquote align=\"right\" size=\"medium\" citation=\"Attorney General Rob Bonta\"]‘California can drive markets. Change emanates and starts here.’[/pullquote]Today, Wren says he has good health insurance and doesn’t have to ration his supply of insulin. He said he skirts the law each month by providing people insulin from someone else’s prescription “all so that they don’t have to ration.”\u003c/p>\n\u003cp>The big insulin manufacturing companies have assistance programs to help people purchase insulin. Novo Nordisk said in 2021, more than a million people used some form of the company’s assistance when purchasing its insulin.\u003c/p>\n\u003cp>California’s state government is considering \u003ca href=\"https://apnews.com/article/health-california-diabetes-government-and-politics-f846c58d4cb327578d1c7b3a9495d496\">making its own insulin\u003c/a> and selling it at a much cheaper price. Last year, the state Legislature approved $100 million for the project, with $50 million set aside for developing three types of insulin and the rest going to a potential manufacturing facility.\u003c/p>\n\u003cp>State officials hope a California brand of generic insulin could disrupt the market and bring all insulin prices down. Bonta says he hopes his lawsuit does the same thing.\u003c/p>\n\u003cp>“California can drive markets,” Bonta said, citing the state’s size and economic power. “Change emanates and starts here.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Nothing in our agreements prevents drug manufacturers from lowering the prices of their insulin products and we would welcome such action,” he said. “Allegations that we play any role in determining the prices charged by manufacturers are false. We plan to vigorously defend against this complaint.”\u003c/p>\n\u003cp>A statement from Optum Rx said the company “welcomes the opportunity to show the California Office of the Attorney General, just as it has with other States Attorneys General, how we work every day to provide people with access to affordable drugs, including insulin.”\u003c/p>\n\u003cp>Representatives for Eli Lilly and Sanofi did not respond to a request for comment. A representative for Novo Nordisk declined to comment on the lawsuit. But the company provided some “background information” saying the net prices for its insulin products — the list price minus rebates and discounts — have fallen in each of the past five years “in large part to the significant rebates and discounts manufacturers pay to ensure access for patients.”\u003c/p>\n\u003cp>Insulin is made by the pancreas and is used by the human body to convert the food we eat into energy. People who have diabetes don’t produce enough insulin. People with Type 1 diabetes must take insulin every day to survive.\u003c/p>\n\u003cp>A team of Canadian scientists discovered insulin a century ago. They sold the patent to the University of Toronto for just $1 hoping to avoid a monopoly that could cause high prices. But eventually, the market came to be dominated by just three companies.\u003c/p>\n\u003cp>Kevin Wren, an activist associated with the California chapter of #Insulin4All, said he must take insulin every day to survive. Around 2009, Wren said he was working two jobs and did not have health insurance. He had to ration his insulin, taking less than the recommended dosage to make it last longer — a dangerous practice that he said ended up putting him in the hospital with ketoacidosis, a serious complication of diabetes.\u003c/p>\u003c/div>",
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"content": "\u003cp>Nearly 100 years ago, a local government in Southern California took Bruce’s Beach away from its Black owners because of the color of their skin. The owners’ descendants won a long effort to regain the land — and now they intend to sell it to Los Angeles County for nearly $20 million.\u003c/p>\n\u003cp>The return of Bruce’s Beach to the descendants of Willa and Charles Bruce \u003ca href=\"https://www.npr.org/2021/09/30/1041837156/bruces-beach-manhattan-newsom-los-angeles\">last summer\u003c/a> was hailed as a step toward righting the wrongs inflicted by systemic racism. County officials say the pending sale will go some way toward restoring the wealth that was stripped from the Bruce family in 1924.\u003c/p>\n\u003ch2>Bruce’s Beach will open a new chapter\u003c/h2>\n\u003cp>“This fight has always been about what is best for the family, and they feel what is best for them is selling this property back to the County for nearly $20 million,” said Los Angeles County Board of Supervisors Chair Janice Hahn, as \u003ca href=\"https://www.facebook.com/supjanicehahn/posts/pfbid02mF5UDR9SWU92QQYYoHRSmYg96ZG6Cu4QHanNPQ4TW94F2wNkFCLgAscvdXNmKZcHl\">the plan was revealed on Tuesday\u003c/a>.\u003c/p>\n\u003cp>The sale, Hahn said, will help the Bruce family in “finally rebuilding the generational wealth they were denied for nearly a century.”[aside postID=news_11891836]\u003c/p>\n\u003cp>The city of Manhattan Beach moved to condemn Bruce’s Beach in 1924, shutting down what had quickly become a thriving resort for Black families — and one of the few spots where they were assured access to a beach, as \u003ca href=\"https://www.npr.org/2021/09/10/1035877068/a-beachfront-property-taken-from-a-black-family-a-century-ago-may-soon-be-return\">NPR’s Joe Hernandez reported last year\u003c/a>. Years later, the land was transferred to the state, and then to LA County.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In 2021, California Gov. Gavin Newsom \u003ca href=\"https://www.gov.ca.gov/2021/09/30/moving-to-right-historical-wrong-governor-newsom-signs-legislation-to-return-bruces-beach-to-black-descendants/\">signed\u003c/a> a bill clearing the way for the beach to be transferred back to the descendants of Willa and Charles Bruce.\u003c/p>\n\u003cp>“I want to apologize to the Bruce family for the injustice that was done to them,” Newsom said at the time, according to \u003ca href=\"https://www.nbclosangeles.com/news/local/governor-gavin-newsom-bruces-beach-bill-manhattan-beach-willa-charles-bruce-black-descendants-resort/2703972/\">NBC Los Angeles\u003c/a>. “We haven’t always had a proud past.”\u003c/p>\n\u003cp>The process that returned the beach to the Bruces included a plan for LA County to lease the land for $413,000 annually. It also included an option to buy the land for as much as $20 million.\u003c/p>\n\u003cp>It’s not clear what happens next to the beach property. Under a previous California law, the county had been barred from transferring the land and was able to use the beach area for recreation purposes only. But the law that cleared the path for the Bruce family to regain control of the property does not have the same provisions.\u003c/p>\n\u003ch2>The Black resort’s success riled white neighbors\u003c/h2>\n\u003cp>As calls for the return of Bruce’s Beach grew in recent years, examinations of Jim Crow-era records showed that the use of eminent domain to seize the beachfront property and shut down the resort was motivated by the color of Willa and Charles Bruce’s skin.\u003c/p>\n\u003cp>Called the Bruce Beach Front when it opened in the summer of 1912, the resort’s success was driven by Willa Bruce, whose husband worked as a chef on a train line running between California and Utah.\u003c/p>\n\u003cp>“Wherever we have tried to buy land for a beach resort we have been refused, but I own this land and I am going to keep it,” Willa Bruce was quoted saying at the time, according to a \u003ca href=\"https://www.manhattanbeach.gov/home/showpublisheddocument/46327/637539367135870000\">2021 report from a task force\u003c/a> assembled by the city of Manhattan Beach.\u003c/p>\n\u003cp>But nearby white landowners feared an “invasion” by Black people because of the Bruce’s business, according to records cited by the task force, which says the neighbors also “resented the resort’s growing popularity and prosperity.”[aside label=\"Reparations in California\" link1=\"https://www.kqed.org/reparations,Explore why California launched the first-in-the-nation task force to study reparations for Black people\" hero=\"https://ww2.kqed.org/app/uploads/2022/02/RiCLandingPageGraphic-1020x574.png\"]Their efforts to undermine the resort eventually succeeded: As the city later stated on a historic plaque at the site, “This two-block neighborhood was home to several minority families and was condemned through eminent domain proceedings commenced in 1924.”\u003c/p>\n\u003cp>When the resort was seized, the city demolished its buildings, but it never followed through on the purported plan to build a park on the site. To prevent the Bruces from relocating their operation, the city council also voted to block any new resorts from opening, as the text of the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB796\">state’s 2021 law\u003c/a> notes.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Commenting on the pending sale, Los Angeles County Board Supervisor Holly J. Mitchell \u003ca href=\"https://mitchell.lacounty.gov/statement-on-sale-bruces-beach/\">issued a statement\u003c/a> saying that the land’s return “will continue to serve as an example of what is possible across the globe when you have the political will and leadership to correct the injustices of the past.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2023 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Black+family+who+won+the+return+of+Bruce%27s+Beach+will+sell+it+back+to+LA+County&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nearly 100 years ago, a local government in Southern California took Bruce’s Beach away from its Black owners because of the color of their skin. The owners’ descendants won a long effort to regain the land — and now they intend to sell it to Los Angeles County for nearly $20 million.\u003c/p>\n\u003cp>The return of Bruce’s Beach to the descendants of Willa and Charles Bruce \u003ca href=\"https://www.npr.org/2021/09/30/1041837156/bruces-beach-manhattan-newsom-los-angeles\">last summer\u003c/a> was hailed as a step toward righting the wrongs inflicted by systemic racism. County officials say the pending sale will go some way toward restoring the wealth that was stripped from the Bruce family in 1924.\u003c/p>\n\u003ch2>Bruce’s Beach will open a new chapter\u003c/h2>\n\u003cp>“This fight has always been about what is best for the family, and they feel what is best for them is selling this property back to the County for nearly $20 million,” said Los Angeles County Board of Supervisors Chair Janice Hahn, as \u003ca href=\"https://www.facebook.com/supjanicehahn/posts/pfbid02mF5UDR9SWU92QQYYoHRSmYg96ZG6Cu4QHanNPQ4TW94F2wNkFCLgAscvdXNmKZcHl\">the plan was revealed on Tuesday\u003c/a>.\u003c/p>\n\u003cp>The sale, Hahn said, will help the Bruce family in “finally rebuilding the generational wealth they were denied for nearly a century.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The city of Manhattan Beach moved to condemn Bruce’s Beach in 1924, shutting down what had quickly become a thriving resort for Black families — and one of the few spots where they were assured access to a beach, as \u003ca href=\"https://www.npr.org/2021/09/10/1035877068/a-beachfront-property-taken-from-a-black-family-a-century-ago-may-soon-be-return\">NPR’s Joe Hernandez reported last year\u003c/a>. Years later, the land was transferred to the state, and then to LA County.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In 2021, California Gov. Gavin Newsom \u003ca href=\"https://www.gov.ca.gov/2021/09/30/moving-to-right-historical-wrong-governor-newsom-signs-legislation-to-return-bruces-beach-to-black-descendants/\">signed\u003c/a> a bill clearing the way for the beach to be transferred back to the descendants of Willa and Charles Bruce.\u003c/p>\n\u003cp>“I want to apologize to the Bruce family for the injustice that was done to them,” Newsom said at the time, according to \u003ca href=\"https://www.nbclosangeles.com/news/local/governor-gavin-newsom-bruces-beach-bill-manhattan-beach-willa-charles-bruce-black-descendants-resort/2703972/\">NBC Los Angeles\u003c/a>. “We haven’t always had a proud past.”\u003c/p>\n\u003cp>The process that returned the beach to the Bruces included a plan for LA County to lease the land for $413,000 annually. It also included an option to buy the land for as much as $20 million.\u003c/p>\n\u003cp>It’s not clear what happens next to the beach property. Under a previous California law, the county had been barred from transferring the land and was able to use the beach area for recreation purposes only. But the law that cleared the path for the Bruce family to regain control of the property does not have the same provisions.\u003c/p>\n\u003ch2>The Black resort’s success riled white neighbors\u003c/h2>\n\u003cp>As calls for the return of Bruce’s Beach grew in recent years, examinations of Jim Crow-era records showed that the use of eminent domain to seize the beachfront property and shut down the resort was motivated by the color of Willa and Charles Bruce’s skin.\u003c/p>\n\u003cp>Called the Bruce Beach Front when it opened in the summer of 1912, the resort’s success was driven by Willa Bruce, whose husband worked as a chef on a train line running between California and Utah.\u003c/p>\n\u003cp>“Wherever we have tried to buy land for a beach resort we have been refused, but I own this land and I am going to keep it,” Willa Bruce was quoted saying at the time, according to a \u003ca href=\"https://www.manhattanbeach.gov/home/showpublisheddocument/46327/637539367135870000\">2021 report from a task force\u003c/a> assembled by the city of Manhattan Beach.\u003c/p>\n\u003cp>But nearby white landowners feared an “invasion” by Black people because of the Bruce’s business, according to records cited by the task force, which says the neighbors also “resented the resort’s growing popularity and prosperity.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Their efforts to undermine the resort eventually succeeded: As the city later stated on a historic plaque at the site, “This two-block neighborhood was home to several minority families and was condemned through eminent domain proceedings commenced in 1924.”\u003c/p>\n\u003cp>When the resort was seized, the city demolished its buildings, but it never followed through on the purported plan to build a park on the site. To prevent the Bruces from relocating their operation, the city council also voted to block any new resorts from opening, as the text of the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB796\">state’s 2021 law\u003c/a> notes.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Commenting on the pending sale, Los Angeles County Board Supervisor Holly J. Mitchell \u003ca href=\"https://mitchell.lacounty.gov/statement-on-sale-bruces-beach/\">issued a statement\u003c/a> saying that the land’s return “will continue to serve as an example of what is possible across the globe when you have the political will and leadership to correct the injustices of the past.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2023 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Black+family+who+won+the+return+of+Bruce%27s+Beach+will+sell+it+back+to+LA+County&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>It took Xander nearly a decade to try community college again.\u003c/p>\n\u003cp>The incoming American River College student first attempted higher education in North Carolina in 2013. But navigating campus as a man who is transgender was a nightmare, said Xander, who’s now 30 and asked to use his first name only because he did not want to publicly reveal that he is trans.\u003c/p>\n\u003cp>In the classroom, he said, people refused to call him Xander. Classmates misgendered him, deadnamed him — using his former name from before he transitioned — and told him he was in the wrong bathroom. He never knew when a confrontation might escalate to violence. Eventually, he said, he began living a double life, taking on different personas inside and outside the school walls.\u003c/p>\n\u003cp>“I was out to my friends, but at school I gave up with letting people deadname me and misgender me, like it wasn’t worth the fight anymore,” Xander said. “And it wasn’t worth the risk.”\u003c/p>\n\u003cp>Xander’s experiences mirror those of other transgender students in the U.S.; according to an April survey by The Williams Institute, a think tank at the UCLA School of Law, \u003ca href=\"https://williamsinstitute.law.ucla.edu/publications/transgender-higher-ed/\">more than a third of transgender people report experiencing bullying or harassment in college\u003c/a>.\u003c/p>\n\u003cp>President Joe Biden’s administration aims to protect students who identify as transgender and nonbinary from discrimination under new rules proposed in June and now making their way through the Education Department’s lengthy rulemaking process. If finalized, the changes to Title IX, the 50-year-old civil rights law, would clarify that its ban on discrimination on the basis of sex extends to sexual orientation and gender identity.\u003c/p>\n\u003cp>So what impact will the expanded protections have on college campuses in California, a state that has already passed laws barring discrimination based on gender identity and gender expression?\u003c/p>\n\u003cp>Legally, not so much, say civil rights lawyers. But the proposed guidelines will remove ambiguity about what Title IX covers and put more responsibility on schools to address discrimination, they say. Students and college employees who advocate for LGBTQ rights told the CalMatters College Journalism Network that while they applaud the change in federal policy, campuses must go beyond the letter of the law to ensure that they are safe and welcoming places for transgender and nonbinary people to learn.\u003c/p>\n\u003cp>“What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety,” said Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College and co-organizer of an annual LGBTQ+ summit for the state’s community colleges. “Are they going to be mistreated in a classroom? Is their identity going to be a class topic for debate?” The new rules are reassuring, she said, because they give “a lot less wiggle room to people who might want to behave in really destructive ways towards the queer and trans community.”\u003c/p>\n\u003cp>Among other changes, the guidelines require colleges to monitor their campuses for gender discrimination and “take prompt and effective action” to fix it — stronger language than the previous requirement to be “not deliberately indifferent.” And by explicitly writing in protections, they ensure that anti-LGBTQ discrimination can be handled under Title IX instead of being rerouted to other disciplinary processes, said Kel O’Hara, a staff attorney at Equal Rights Advocates, a legal and advocacy organization specializing in gender issues.\u003c/p>\n\u003cp>The new rules also could lead the federal Department of Education’s Office of Civil Rights to investigate more gender discrimination complaints against schools, said Carly Mee, a civil rights attorney at Trister, Ross, Schadler & Gold, PLLC.\u003c/p>\n\u003cp>“It’s important to have an external mechanism where you can go and file that complaint and say, ‘My school is not protecting my rights,’” she added. “That will be a big deal for trans and nonbinary students.”\u003c/p>\n\u003cp>The Education Department has already issued informal guidance saying that Title IX protections apply to gender and sexual orientation, but \u003ca href=\"https://19thnews.org/2022/07/title-ix-lgbtq-trans-sports-biden/\">a federal judge in July temporarily blocked the department from enforcing that interpretation in 20 states that sued\u003c/a>, saying the advice conflicted with anti-trans laws they’d already passed. Controversy has erupted in a number of states over whether transgender students should be allowed to participate on sports teams that correspond with their gender identity; the Biden administration has said it will issue a separate Title IX rule specifically addressing athletics.\u003c/p>\n\u003cp>Attorneys with the conservative Pacific Legal Foundation argued in a \u003ca href=\"https://pacificlegal.org/the-hill-biden-administration-threatens-free-speech-with-title-ix-gender-identity-rule/\">September op-ed in The Hill\u003c/a> that the new rules would “pose a severe threat to free speech” by censoring viewpoints such as that of a professor who “declines to use a student’s preferred pronoun because of her religious beliefs.”[pullquote align=\"right\" size=\"medium\" citation=\"Eli Erlick, co-founder of Trans Student Educational Resources\"]'While on paper, trans students are certainly protected in our schools, we don't always experience that.'[/pullquote]\u003c/p>\n\u003cp>In California, a \u003ca href=\"https://calmatters.org/education/higher-education/2021/12/transgender-students-california-deadnaming/\">new law took effect\u003c/a> this year requiring public colleges to update records for students who have legally changed their names, including as a result of a gender transition, and allowing graduates to request an updated copy of their diploma for free. Starting with the next academic year, colleges must allow students to self-identify their names on diplomas even without documentation of a legal name change.\u003c/p>\n\u003cp>The state’s public university systems say they are reviewing the impact the Title IX changes could have for their respective campuses, with University of California spokesperson Stett Holbrook saying they “represent a great improvement over the regulations issued by the previous administration in 2020, many of which UC opposed.”\u003c/p>\n\u003cp>UC campuses are also \u003ca href=\"https://ucnet.universityofcalifornia.edu/news/2020/11/president-drake-announces-new-presidential-policy-on-gender-recognition-and-lived-name.html\">rolling out a gender recognition policy\u003c/a> that goes beyond the state law to ensure people are identified by their accurate gender identity and name in all their interactions with the university. Another state law will require the community colleges to do the same, starting next fall.\u003c/p>\n\u003cp>Transgender and nonbinary students say policies alone aren’t enough.\u003c/p>\n\u003cp>“While on paper, trans students are certainly protected in our schools, we don’t always experience that,” said Eli Erlick, a doctoral student at UC Santa Cruz who co-founded Trans Student Educational Resources, a national organization led by trans youth.\u003c/p>\n\u003cp>Erlick said it’s crucial to have campus support networks built by and for trans people.\u003c/p>\n\u003cp>When she co-founded the organization, she said, “this was the idea: to help people understand their rights, know their choices and opportunities and know what they can do to protect themselves.”\u003c/p>\n\u003cp>At UC Santa Cruz, Fénix López, a fourth-year undergraduate, has built their own community on campus. Lopez, who identifies as queer and nonbinary, helps run the Lavender Club, a queer undergraduate group, and is a resident assistant for the LGBTQ-themed floor in their college residence hall.\u003c/p>\n\u003cp>“As a queer person, I feel like I have to make my own spaces,” they said. This year, those spaces include a “Queersgiving” event that the club hosted.\u003c/p>\n\u003cp>“The point was to kind of celebrate not Thanksgiving but gathering with your friends, having a meal with your found family, because I know that the holidays can be rough for a lot of queer individuals,” López said.\u003c/p>\n\u003cp>Universities need to pay more attention to meeting transgender and nonbinary students’ basic needs, López said, which include not just housing and food but “making sure you have a community, that you feel that you have that sense of belonging.”\u003c/p>\n\u003cp>Despite the protections California transgender and nonbinary students have, campus staff who work with those students say they still regularly hear reports of misgendering and other negative experiences on campus.\u003c/p>\n\u003cp>delfín bautista, director of the Lionel Cantú Queer Resource Center at UC Santa Cruz, said that while California was more welcoming to transgender and nonbinary students than Florida and Ohio, where they previously lived, “students do feel invisible, and they don’t feel necessarily embraced and affirmed.”[pullquote align=\"right\" size=\"medium\" citation=\"Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College\"]'What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety.'[/pullquote]Per California law, all single-stall restrooms on the UC Santa Cruz campus are gender neutral – but they are in short supply, said bautista, who lower-cases their first and last name. And while UC Santa Cruz policy says that athletes can use whatever locker room they identify with, that doesn’t mean they always feel safe doing so, bautista said.\u003c/p>\n\u003cp>At UC Berkeley, graduate students often tell Em Huang, the campus’s director of LGBTQ+ Advancement and Equity, that the professors they work with misgender them or call them by an incorrect name. It can be easier for that to happen in small labs, Huang said, where there are fewer people around to speak up and the student feels isolated.\u003c/p>\n\u003cp>O’Hara, the Equal Rights Advocates attorney, said that when representing students in Title IX proceedings, they have been misgendered by Title IX coordinators and so have their clients.\u003c/p>\n\u003cp>“If you’re trying to seek safety and protection and resolution on campus, but the people you’re interacting with barely understand you, that doesn’t feel safe, that doesn’t feel OK,” O’Hara said.\u003c/p>\n\u003cp>At American River College, where Mitchell used to work, a 2019 survey found that nearly one-third of about 1200 students felt it was necessary to hide their gender identity from fellow students, with an equal number saying they hid it from their professors.\u003c/p>\n\u003cp>While the college has a Pride Center, Mitchell estimated that fewer than a dozen of the state’s 115 community college campuses have such a center with at least one paid staff person.\u003c/p>\n\u003cp>“There are a lot of campuses that rely on unpaid volunteer staff or advocates,” Mitchell said. “When you’re talking about institutional support, right, an institution saying, ‘We’re really interested in providing high-level services to our queer and trans students,’ I don’t know how you do that when you rest all those efforts on the shoulders of the committed but unpaid.”\u003c/p>\n\u003cp>The state Legislature allocated $10 million last year to California community colleges to support LGBTQ students; Melissa Villarin, a spokesperson for the Chancellor’s Office, said colleges are using the funds for LGBTQ-focused centers and curriculum, professional development and mental health care, among other services.\u003c/p>\n\u003cp>Campus advocates say students often are confused about Title IX and what their rights are under the law. Some said universities should create and publicly post an LGBTQ bill of rights, and that the Department of Education should give schools specific examples of prohibited types of conduct unique to transgender and nonbinary students.\u003c/p>\n\u003cp>The new Title IX rules, said O’Hara, could also make a difference in cases like California State University’s Maritime Academy, where the \u003cem>\u003ca href=\"https://www.latimes.com/california/story/2022-12-13/csu-maritime-academy-women-trans-nonbinary-harassment\">Los Angeles Times\u003c/a>\u003c/em> reported that “claims of widespread sexual misconduct, homophobia, transphobia and racism” have roiled the campus. One cadet filed a Title IX report over messages in a group text chat where cadet leaders mocked LGBTQ classmates, according to the Times, but both the campus and the Cal State chancellor’s office found that the chat, which did not name any person, was protected speech under the First Amendment.\u003c/p>\n\u003cp>O’Hara, who is not involved in the case, said that their first question as a Title IX attorney would be, “OK, what else is going on?”\u003c/p>\n\u003cp>“Because if that’s how your classmates are talking about you in their private messages, chances are they’re doing other things to make you feel uncomfortable in your identity,” O’Hara said. The new rules’ affirmative monitoring requirement would put the responsibility on the school to gather that evidence, O’Hara said.\u003c/p>\n\u003cp>In addition to the challenges, transgender students also told the CalMatters College Journalism Network about times they felt supported on campus.\u003c/p>\n\u003cp>Erlick, who received her bachelor’s degree from Pitzer College, said there were a lot more resources there, and later at UC Santa Cruz, than in her hometown of Mendocino County. She found student groups that helped her thrive and learn in an academic environment that also incorporated queer and trans people, she said.\u003c/p>\n\u003cp>As Xander navigates the enrollment process at American River College, he said staff never mention his former name out loud if it appears in legal documents. Instead, to avoid outing him, they’ll show him the name on a computer screen or say the first initial, he said.\u003c/p>\n\u003cp>While working to have his name changed in the college’s system, he connected with a staff member who told him, “Oh, I understand. I’m nonbinary. I went through a name change.”\u003c/p>\n\u003cp>“I was like, wow, that’s super cool. Like knowing that there’s a trans person on staff,” Xander said. “And so that made me feel safer. It made me feel a lot better actually.”\u003c/p>\n\u003cp>\u003cem>Shaikh is a former fellow with the \u003c/em>\u003ca href=\"http://www.calmatters.org/projects/college-journalism-network\">\u003cem>CalMatters College Journalism Network\u003c/em>\u003c/a>\u003cem>, a collaboration between CalMatters and student journalists from across California. Network fellow Oden Taylor contributed reporting. This story and other higher education coverage are supported by the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "New Title IX rules barring gender discrimination could put more responsibility on colleges to protect transgender and nonbinary students. But those students say creating welcoming campuses will require more than just policy.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>It took Xander nearly a decade to try community college again.\u003c/p>\n\u003cp>The incoming American River College student first attempted higher education in North Carolina in 2013. But navigating campus as a man who is transgender was a nightmare, said Xander, who’s now 30 and asked to use his first name only because he did not want to publicly reveal that he is trans.\u003c/p>\n\u003cp>In the classroom, he said, people refused to call him Xander. Classmates misgendered him, deadnamed him — using his former name from before he transitioned — and told him he was in the wrong bathroom. He never knew when a confrontation might escalate to violence. Eventually, he said, he began living a double life, taking on different personas inside and outside the school walls.\u003c/p>\n\u003cp>“I was out to my friends, but at school I gave up with letting people deadname me and misgender me, like it wasn’t worth the fight anymore,” Xander said. “And it wasn’t worth the risk.”\u003c/p>\n\u003cp>Xander’s experiences mirror those of other transgender students in the U.S.; according to an April survey by The Williams Institute, a think tank at the UCLA School of Law, \u003ca href=\"https://williamsinstitute.law.ucla.edu/publications/transgender-higher-ed/\">more than a third of transgender people report experiencing bullying or harassment in college\u003c/a>.\u003c/p>\n\u003cp>President Joe Biden’s administration aims to protect students who identify as transgender and nonbinary from discrimination under new rules proposed in June and now making their way through the Education Department’s lengthy rulemaking process. If finalized, the changes to Title IX, the 50-year-old civil rights law, would clarify that its ban on discrimination on the basis of sex extends to sexual orientation and gender identity.\u003c/p>\n\u003cp>So what impact will the expanded protections have on college campuses in California, a state that has already passed laws barring discrimination based on gender identity and gender expression?\u003c/p>\n\u003cp>Legally, not so much, say civil rights lawyers. But the proposed guidelines will remove ambiguity about what Title IX covers and put more responsibility on schools to address discrimination, they say. Students and college employees who advocate for LGBTQ rights told the CalMatters College Journalism Network that while they applaud the change in federal policy, campuses must go beyond the letter of the law to ensure that they are safe and welcoming places for transgender and nonbinary people to learn.\u003c/p>\n\u003cp>“What we see is that queer and trans students generally feel less welcome on their college campuses and more concerned about their physical safety, but also their emotional safety,” said Emilie Mitchell, dean of social and behavioral sciences at Cosumnes River College and co-organizer of an annual LGBTQ+ summit for the state’s community colleges. “Are they going to be mistreated in a classroom? Is their identity going to be a class topic for debate?” The new rules are reassuring, she said, because they give “a lot less wiggle room to people who might want to behave in really destructive ways towards the queer and trans community.”\u003c/p>\n\u003cp>Among other changes, the guidelines require colleges to monitor their campuses for gender discrimination and “take prompt and effective action” to fix it — stronger language than the previous requirement to be “not deliberately indifferent.” And by explicitly writing in protections, they ensure that anti-LGBTQ discrimination can be handled under Title IX instead of being rerouted to other disciplinary processes, said Kel O’Hara, a staff attorney at Equal Rights Advocates, a legal and advocacy organization specializing in gender issues.\u003c/p>\n\u003cp>The new rules also could lead the federal Department of Education’s Office of Civil Rights to investigate more gender discrimination complaints against schools, said Carly Mee, a civil rights attorney at Trister, Ross, Schadler & Gold, PLLC.\u003c/p>\n\u003cp>“It’s important to have an external mechanism where you can go and file that complaint and say, ‘My school is not protecting my rights,’” she added. “That will be a big deal for trans and nonbinary students.”\u003c/p>\n\u003cp>The Education Department has already issued informal guidance saying that Title IX protections apply to gender and sexual orientation, but \u003ca href=\"https://19thnews.org/2022/07/title-ix-lgbtq-trans-sports-biden/\">a federal judge in July temporarily blocked the department from enforcing that interpretation in 20 states that sued\u003c/a>, saying the advice conflicted with anti-trans laws they’d already passed. Controversy has erupted in a number of states over whether transgender students should be allowed to participate on sports teams that correspond with their gender identity; the Biden administration has said it will issue a separate Title IX rule specifically addressing athletics.\u003c/p>\n\u003cp>Attorneys with the conservative Pacific Legal Foundation argued in a \u003ca href=\"https://pacificlegal.org/the-hill-biden-administration-threatens-free-speech-with-title-ix-gender-identity-rule/\">September op-ed in The Hill\u003c/a> that the new rules would “pose a severe threat to free speech” by censoring viewpoints such as that of a professor who “declines to use a student’s preferred pronoun because of her religious beliefs.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In California, a \u003ca href=\"https://calmatters.org/education/higher-education/2021/12/transgender-students-california-deadnaming/\">new law took effect\u003c/a> this year requiring public colleges to update records for students who have legally changed their names, including as a result of a gender transition, and allowing graduates to request an updated copy of their diploma for free. Starting with the next academic year, colleges must allow students to self-identify their names on diplomas even without documentation of a legal name change.\u003c/p>\n\u003cp>The state’s public university systems say they are reviewing the impact the Title IX changes could have for their respective campuses, with University of California spokesperson Stett Holbrook saying they “represent a great improvement over the regulations issued by the previous administration in 2020, many of which UC opposed.”\u003c/p>\n\u003cp>UC campuses are also \u003ca href=\"https://ucnet.universityofcalifornia.edu/news/2020/11/president-drake-announces-new-presidential-policy-on-gender-recognition-and-lived-name.html\">rolling out a gender recognition policy\u003c/a> that goes beyond the state law to ensure people are identified by their accurate gender identity and name in all their interactions with the university. Another state law will require the community colleges to do the same, starting next fall.\u003c/p>\n\u003cp>Transgender and nonbinary students say policies alone aren’t enough.\u003c/p>\n\u003cp>“While on paper, trans students are certainly protected in our schools, we don’t always experience that,” said Eli Erlick, a doctoral student at UC Santa Cruz who co-founded Trans Student Educational Resources, a national organization led by trans youth.\u003c/p>\n\u003cp>Erlick said it’s crucial to have campus support networks built by and for trans people.\u003c/p>\n\u003cp>When she co-founded the organization, she said, “this was the idea: to help people understand their rights, know their choices and opportunities and know what they can do to protect themselves.”\u003c/p>\n\u003cp>At UC Santa Cruz, Fénix López, a fourth-year undergraduate, has built their own community on campus. Lopez, who identifies as queer and nonbinary, helps run the Lavender Club, a queer undergraduate group, and is a resident assistant for the LGBTQ-themed floor in their college residence hall.\u003c/p>\n\u003cp>“As a queer person, I feel like I have to make my own spaces,” they said. This year, those spaces include a “Queersgiving” event that the club hosted.\u003c/p>\n\u003cp>“The point was to kind of celebrate not Thanksgiving but gathering with your friends, having a meal with your found family, because I know that the holidays can be rough for a lot of queer individuals,” López said.\u003c/p>\n\u003cp>Universities need to pay more attention to meeting transgender and nonbinary students’ basic needs, López said, which include not just housing and food but “making sure you have a community, that you feel that you have that sense of belonging.”\u003c/p>\n\u003cp>Despite the protections California transgender and nonbinary students have, campus staff who work with those students say they still regularly hear reports of misgendering and other negative experiences on campus.\u003c/p>\n\u003cp>delfín bautista, director of the Lionel Cantú Queer Resource Center at UC Santa Cruz, said that while California was more welcoming to transgender and nonbinary students than Florida and Ohio, where they previously lived, “students do feel invisible, and they don’t feel necessarily embraced and affirmed.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Per California law, all single-stall restrooms on the UC Santa Cruz campus are gender neutral – but they are in short supply, said bautista, who lower-cases their first and last name. And while UC Santa Cruz policy says that athletes can use whatever locker room they identify with, that doesn’t mean they always feel safe doing so, bautista said.\u003c/p>\n\u003cp>At UC Berkeley, graduate students often tell Em Huang, the campus’s director of LGBTQ+ Advancement and Equity, that the professors they work with misgender them or call them by an incorrect name. It can be easier for that to happen in small labs, Huang said, where there are fewer people around to speak up and the student feels isolated.\u003c/p>\n\u003cp>O’Hara, the Equal Rights Advocates attorney, said that when representing students in Title IX proceedings, they have been misgendered by Title IX coordinators and so have their clients.\u003c/p>\n\u003cp>“If you’re trying to seek safety and protection and resolution on campus, but the people you’re interacting with barely understand you, that doesn’t feel safe, that doesn’t feel OK,” O’Hara said.\u003c/p>\n\u003cp>At American River College, where Mitchell used to work, a 2019 survey found that nearly one-third of about 1200 students felt it was necessary to hide their gender identity from fellow students, with an equal number saying they hid it from their professors.\u003c/p>\n\u003cp>While the college has a Pride Center, Mitchell estimated that fewer than a dozen of the state’s 115 community college campuses have such a center with at least one paid staff person.\u003c/p>\n\u003cp>“There are a lot of campuses that rely on unpaid volunteer staff or advocates,” Mitchell said. “When you’re talking about institutional support, right, an institution saying, ‘We’re really interested in providing high-level services to our queer and trans students,’ I don’t know how you do that when you rest all those efforts on the shoulders of the committed but unpaid.”\u003c/p>\n\u003cp>The state Legislature allocated $10 million last year to California community colleges to support LGBTQ students; Melissa Villarin, a spokesperson for the Chancellor’s Office, said colleges are using the funds for LGBTQ-focused centers and curriculum, professional development and mental health care, among other services.\u003c/p>\n\u003cp>Campus advocates say students often are confused about Title IX and what their rights are under the law. Some said universities should create and publicly post an LGBTQ bill of rights, and that the Department of Education should give schools specific examples of prohibited types of conduct unique to transgender and nonbinary students.\u003c/p>\n\u003cp>The new Title IX rules, said O’Hara, could also make a difference in cases like California State University’s Maritime Academy, where the \u003cem>\u003ca href=\"https://www.latimes.com/california/story/2022-12-13/csu-maritime-academy-women-trans-nonbinary-harassment\">Los Angeles Times\u003c/a>\u003c/em> reported that “claims of widespread sexual misconduct, homophobia, transphobia and racism” have roiled the campus. One cadet filed a Title IX report over messages in a group text chat where cadet leaders mocked LGBTQ classmates, according to the Times, but both the campus and the Cal State chancellor’s office found that the chat, which did not name any person, was protected speech under the First Amendment.\u003c/p>\n\u003cp>O’Hara, who is not involved in the case, said that their first question as a Title IX attorney would be, “OK, what else is going on?”\u003c/p>\n\u003cp>“Because if that’s how your classmates are talking about you in their private messages, chances are they’re doing other things to make you feel uncomfortable in your identity,” O’Hara said. The new rules’ affirmative monitoring requirement would put the responsibility on the school to gather that evidence, O’Hara said.\u003c/p>\n\u003cp>In addition to the challenges, transgender students also told the CalMatters College Journalism Network about times they felt supported on campus.\u003c/p>\n\u003cp>Erlick, who received her bachelor’s degree from Pitzer College, said there were a lot more resources there, and later at UC Santa Cruz, than in her hometown of Mendocino County. She found student groups that helped her thrive and learn in an academic environment that also incorporated queer and trans people, she said.\u003c/p>\n\u003cp>As Xander navigates the enrollment process at American River College, he said staff never mention his former name out loud if it appears in legal documents. Instead, to avoid outing him, they’ll show him the name on a computer screen or say the first initial, he said.\u003c/p>\n\u003cp>While working to have his name changed in the college’s system, he connected with a staff member who told him, “Oh, I understand. I’m nonbinary. I went through a name change.”\u003c/p>\n\u003cp>“I was like, wow, that’s super cool. Like knowing that there’s a trans person on staff,” Xander said. “And so that made me feel safer. It made me feel a lot better actually.”\u003c/p>\n\u003cp>\u003cem>Shaikh is a former fellow with the \u003c/em>\u003ca href=\"http://www.calmatters.org/projects/college-journalism-network\">\u003cem>CalMatters College Journalism Network\u003c/em>\u003c/a>\u003cem>, a collaboration between CalMatters and student journalists from across California. Network fellow Oden Taylor contributed reporting. This story and other higher education coverage are supported by the College Futures Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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"tagline": "True-life supernatural stories",
"info": "",
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