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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>COVID-19 Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, California logged 7 million cases of the coronavirus since the beginning of the pandemic – adding 1 million cases in just one week. Still, there are signs that the omicron surge is starting to climb down from its peak, as test positivity rates dropped from a high of 23% to 20%. But hospitals are still scrambling and death rates are still nearly double what they were a month ago.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Dr. Matt Willis, Marin County public health officer\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Judge LaDoris Cordell’s “Her Honor”\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Judge LaDoris Hazzard Cordell shattered glass ceilings when she became the first African American female judge in Northern California. Cordell, now retired, is calling out America’s criminal justice system for racial and ethnic bias, which study after study has also highlighted. She says the courts regularly and unfairly punish people of color more severely than white people and she has plenty of ideas for how to fix the system. Cordell shares her insights in her recent book, “\u003c/span>\u003cspan style=\"font-weight: 400\">Her Honor: My Life on the Bench… What Works, What’s Broken, and How to Change It.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Judge LaDoris Cordell, author, “Her Honor” \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California News & Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Despite the good news that COVID cases may be declining, the impact of the pandemic continues to be felt everywhere. Gov. Gavin Newsom and some lawmakers are looking to ramp up work-place COVID vaccine mandates and even remove the personal belief exemption. The issue of whether or not to require vaccination is also playing a role in the state Assembly race for David Chiu’s seat, which he vacated to take the job of San Francisco’s City Attorney.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Brian Watt, KQED morning edition host\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Art of the Brick\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week’s look at Something Beautiful is the “Art of the Brick,” an exhibition featuring more than 70 sculptures made from more than 1 million LEGO bricks by artist Nathan\u003c/span> \u003cspan style=\"font-weight: 400\">Sawaya.\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers",
"title": "'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers",
"headTitle": "The California Report Magazine | KQED News",
"content": "\u003cp>[dropcap]E[/dropcap]ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Calley Garay, in court documents\"]'He has always told me that a restraining order is not bulletproof and that he will find me.'[/pullquote]Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>[aside postID=\"news_11898155,news_11890534,news_11877217\" label=\"Related Stories\"]Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles\"]'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'[/pullquote]Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law\"]'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'[/pullquote]A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"description": "When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.",
"title": "'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers | KQED",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/robert-lewis/\">Robert Lewis\u003c/a>\u003cbr>\u003ca href=\"https://calmatters.org/\">CalMatters\u003c/a>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling",
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"content": "\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.[pullquote align=\"right\" size=\"medium\" citation=\"Mimi Tsankov, president, National Association of Immigration Judges\"]‘It seems like no matter how hard we work, that backlog we’re facing just keeps growing.’[/pullquote]With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”[aside label=\"related coverage\" tag=\"immigration\"]Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Alwin Smith was 30 years old when he received his third strike and a sentence to die in state prison.\u003c/p>\n\u003cp>Years of struggling with drug addiction caught up with him in 2000, when he was arrested in Riverside County for robbery and possession of drugs.\u003c/p>\n\u003cp>“When I first got sentenced, I was sentenced to 25 years to life for each one of those. And they gave me 15 more years — five years for each prior offense,” he said. “So I ended up with 65 years to life. … That’s a sentence that, can’t nobody do it. I mean, you ain’t gonna never complete the sentence.”\u003c/p>\n\u003cp>Smith would spend the next two decades in three different state prisons. For the first six years, at Corcoran State Prison, he said he had very little access to drug treatment or other rehabilitation services. But in 2007, he was sent to California Men’s Colony in San Luis Obispo, where he started going to church and soon began attending classes and programs the church offered.\u003c/p>\n\u003cp>“Now I’m starting to understand some things about my behavior. You know, the one thing, the one factor in my life, is alcohol and drug abuse — that’s the thing that continuously had guided my steps,” Smith said. “It was the driving force behind my actions and decisions.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Smith wasn’t just helping himself — over the coming years, he would become a leader, helping other men embrace faith and sobriety at both the Men’s Colony and Soledad State Prison, where he was transferred in 2011.\u003c/p>\n\u003cp>But still, his 65-year-to-life sentence remained — until an unlikely coalition, including Riverside County’s Republican district attorney, joined forces to secure his release.\u003c/p>\n\u003cp>Hillary Blout helped create the system that made Smith’s release possible. A former San Francisco prosecutor, Blout now heads \u003ca href=\"https://www.fortheppl.org/\">For the People\u003c/a>, an Oakland-based criminal justice reform nonprofit.\u003c/p>\n\u003cp>“I just believed that there was a way that we could get prosecutors to be part of the solution,” Blout said. “I knew that prosecutors believe that there were people in prison that didn’t need to be there, I knew that they agreed that people can change, and that there were people that were serving sentences not based on current-day practices.”\u003c/p>\n\u003cp>Blout helped write \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">a 2018 California law\u003c/a> that enabled district attorneys to bring certain exemplary people in prison back to court and request they be resentenced.\u003c/p>\n\u003cp>“It started with a couple of conversations with some elected prosecutors in California. They agreed: Yeah, if we had a law like this, we’d use it. We’d use it in a safe way,” Blout said. “We would be methodical about it. But yeah, we absolutely would get people out of prison if you showed they didn’t need to be there anymore.”\u003c/p>\n\u003cp>For the People works with prosecutors, public defenders and other groups to find the right cases; so far more than 100 people in California prisons have been released through the program since the legislation went into effect in 2019, and Blout estimates another 26,000 could safely reenter society.[aside label=\"Related Coverage\" tag=\"criminal-justice-reform\"]Last year, Blout’s group\u003ca href=\"https://www.kqed.org/news/11882320/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california\"> helped secure $18 million in state funding\u003c/a> for DAs in \u003ca href=\"https://static1.squarespace.com/static/5d44c4376e48120001a8b1d3/t/60f20eb61147e5557d91ae9a/1626476214277/Latest+-+Fact+Sheet++California+County+Resentencing+Pilot+Program+%281%29.pdf\">nine counties, including San Francisco, Santa Clara and Contra Costa\u003c/a>, to help pay for the work of identifying and seeking the release of more eligible people in prison. She says the state could eventually save hundreds of millions of dollars through safe resentencing.\u003c/p>\n\u003cp>For the People also has successfully pushed to pass similar laws in \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">Washington\u003c/a>, \u003ca href=\"https://www.oregonlive.com/politics/2021/06/bill-allowing-das-and-prisoners-to-ask-court-to-review-sentence-conviction-heads-to-governors-desk.html\">Oregon\u003c/a> and \u003ca href=\"https://www.thetelegraph.com/news/article/Illinois-passes-new-law-prohibiting-police-from-16317669.php'\">Illinois\u003c/a>.\u003c/p>\n\u003cp>It’s a rare good-news, bipartisan story in a policy area that’s historically been marked by bitter disagreement. Democratic state leaders have been pushing criminal justice reform in California in earnest for about a decade, following a lawsuit over state prison crowding that eventually led the U.S. Supreme Court to order the state to reduce the number of people locked up. But most of those reforms remain unpopular among law enforcement officials and Republican leaders.\u003c/p>\n\u003cp>While this program sounds like a natural fit for progressive prosecutors already committed to reform, it’s notable that it’s also being embraced by some more traditionally law-and-order DA’s offices — like the one in Yolo County, just west of Sacramento.\u003c/p>\n\u003cp>Jonathan Raven, the county’s chief deputy district attorney, has worked in law enforcement for 25 years. A decade ago, when Raven started working in this office, “we viewed every case as a nail,” he said.\u003c/p>\n\u003cp>“And if you have a nail with the tool, you’re going to use a hammer. And we realize now that they’re all there, all sorts of other tools in the box that we can use to achieve justice.”\u003c/p>\n\u003cp>The new law, Raven said, allows his office both to reconsider sentences that may have been too long from the start and to revisit cases in which people have demonstrated they’ve had a true personal transformation in prison.\u003c/p>\n\u003cp>Raven said his office always works with an eye to public safety and ensuring victims’ voices are part of the resentencing conversation. His office has so far resentenced nine people through the program, most of whom were immediately released, he said.\u003c/p>\n\u003cp>“It’s real stories and real people and real lives. And the thing about sentencing someone to prison — it’s a lot of power that we have, and there’s such an effect on so many people,” he said. “So it’s extremely satisfying to see someone who has earned an early release, you know, get out early.”\u003c/p>\n\u003cp>In Alwin Smith’s case, he walked free in July. He’s now back in Riverside County, working at a Costco and interning at a church, where he helps provide meals and showers to the homeless, and speaks to middle school students about his story.\u003c/p>\n\u003cp>In the long term, Smith said, he just wants to continue to help others.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I’m working a great job at a great company and I’m giving back. But I want more of the giving back … and to continue to grow and learn,” he said. “So I’m seeing where the Lord is going to lead me and take me in that process.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alwin Smith was 30 years old when he received his third strike and a sentence to die in state prison.\u003c/p>\n\u003cp>Years of struggling with drug addiction caught up with him in 2000, when he was arrested in Riverside County for robbery and possession of drugs.\u003c/p>\n\u003cp>“When I first got sentenced, I was sentenced to 25 years to life for each one of those. And they gave me 15 more years — five years for each prior offense,” he said. “So I ended up with 65 years to life. … That’s a sentence that, can’t nobody do it. I mean, you ain’t gonna never complete the sentence.”\u003c/p>\n\u003cp>Smith would spend the next two decades in three different state prisons. For the first six years, at Corcoran State Prison, he said he had very little access to drug treatment or other rehabilitation services. But in 2007, he was sent to California Men’s Colony in San Luis Obispo, where he started going to church and soon began attending classes and programs the church offered.\u003c/p>\n\u003cp>“Now I’m starting to understand some things about my behavior. You know, the one thing, the one factor in my life, is alcohol and drug abuse — that’s the thing that continuously had guided my steps,” Smith said. “It was the driving force behind my actions and decisions.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Smith wasn’t just helping himself — over the coming years, he would become a leader, helping other men embrace faith and sobriety at both the Men’s Colony and Soledad State Prison, where he was transferred in 2011.\u003c/p>\n\u003cp>But still, his 65-year-to-life sentence remained — until an unlikely coalition, including Riverside County’s Republican district attorney, joined forces to secure his release.\u003c/p>\n\u003cp>Hillary Blout helped create the system that made Smith’s release possible. A former San Francisco prosecutor, Blout now heads \u003ca href=\"https://www.fortheppl.org/\">For the People\u003c/a>, an Oakland-based criminal justice reform nonprofit.\u003c/p>\n\u003cp>“I just believed that there was a way that we could get prosecutors to be part of the solution,” Blout said. “I knew that prosecutors believe that there were people in prison that didn’t need to be there, I knew that they agreed that people can change, and that there were people that were serving sentences not based on current-day practices.”\u003c/p>\n\u003cp>Blout helped write \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">a 2018 California law\u003c/a> that enabled district attorneys to bring certain exemplary people in prison back to court and request they be resentenced.\u003c/p>\n\u003cp>“It started with a couple of conversations with some elected prosecutors in California. They agreed: Yeah, if we had a law like this, we’d use it. We’d use it in a safe way,” Blout said. “We would be methodical about it. But yeah, we absolutely would get people out of prison if you showed they didn’t need to be there anymore.”\u003c/p>\n\u003cp>For the People works with prosecutors, public defenders and other groups to find the right cases; so far more than 100 people in California prisons have been released through the program since the legislation went into effect in 2019, and Blout estimates another 26,000 could safely reenter society.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Last year, Blout’s group\u003ca href=\"https://www.kqed.org/news/11882320/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california\"> helped secure $18 million in state funding\u003c/a> for DAs in \u003ca href=\"https://static1.squarespace.com/static/5d44c4376e48120001a8b1d3/t/60f20eb61147e5557d91ae9a/1626476214277/Latest+-+Fact+Sheet++California+County+Resentencing+Pilot+Program+%281%29.pdf\">nine counties, including San Francisco, Santa Clara and Contra Costa\u003c/a>, to help pay for the work of identifying and seeking the release of more eligible people in prison. She says the state could eventually save hundreds of millions of dollars through safe resentencing.\u003c/p>\n\u003cp>For the People also has successfully pushed to pass similar laws in \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">Washington\u003c/a>, \u003ca href=\"https://www.oregonlive.com/politics/2021/06/bill-allowing-das-and-prisoners-to-ask-court-to-review-sentence-conviction-heads-to-governors-desk.html\">Oregon\u003c/a> and \u003ca href=\"https://www.thetelegraph.com/news/article/Illinois-passes-new-law-prohibiting-police-from-16317669.php'\">Illinois\u003c/a>.\u003c/p>\n\u003cp>It’s a rare good-news, bipartisan story in a policy area that’s historically been marked by bitter disagreement. Democratic state leaders have been pushing criminal justice reform in California in earnest for about a decade, following a lawsuit over state prison crowding that eventually led the U.S. Supreme Court to order the state to reduce the number of people locked up. But most of those reforms remain unpopular among law enforcement officials and Republican leaders.\u003c/p>\n\u003cp>While this program sounds like a natural fit for progressive prosecutors already committed to reform, it’s notable that it’s also being embraced by some more traditionally law-and-order DA’s offices — like the one in Yolo County, just west of Sacramento.\u003c/p>\n\u003cp>Jonathan Raven, the county’s chief deputy district attorney, has worked in law enforcement for 25 years. A decade ago, when Raven started working in this office, “we viewed every case as a nail,” he said.\u003c/p>\n\u003cp>“And if you have a nail with the tool, you’re going to use a hammer. And we realize now that they’re all there, all sorts of other tools in the box that we can use to achieve justice.”\u003c/p>\n\u003cp>The new law, Raven said, allows his office both to reconsider sentences that may have been too long from the start and to revisit cases in which people have demonstrated they’ve had a true personal transformation in prison.\u003c/p>\n\u003cp>Raven said his office always works with an eye to public safety and ensuring victims’ voices are part of the resentencing conversation. His office has so far resentenced nine people through the program, most of whom were immediately released, he said.\u003c/p>\n\u003cp>“It’s real stories and real people and real lives. And the thing about sentencing someone to prison — it’s a lot of power that we have, and there’s such an effect on so many people,” he said. “So it’s extremely satisfying to see someone who has earned an early release, you know, get out early.”\u003c/p>\n\u003cp>In Alwin Smith’s case, he walked free in July. He’s now back in Riverside County, working at a Costco and interning at a church, where he helps provide meals and showers to the homeless, and speaks to middle school students about his story.\u003c/p>\n\u003cp>In the long term, Smith said, he just wants to continue to help others.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I’m working a great job at a great company and I’m giving back. But I want more of the giving back … and to continue to grow and learn,” he said. “So I’m seeing where the Lord is going to lead me and take me in that process.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cb>COVID-19 Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">It’s been a week of pandemic record highs across the nation and in California. State health officials say 23% of professionally administered COVID-19 tests are positive, while the daily count of new cases has been topping 100,000 for the past several days. Some school districts have closed their doors and returned temporarily to online learning, while Sonoma County has taken the step of banning large indoor and outdoor gatherings for the next month.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Dr. Sundari R. Mase, Sonoma County Health Officer\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>SF Mayor London Breed\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Last month, Mayor London Breed declared a state of emergency in the Tenderloin neighborhood, vowing a police crackdown on the regular — and open — crime there. Criticism of her call for increased police intervention came swiftly from the city’s district attorney, Chesa Boudin, and other city leaders. The situation in the Tenderloin, and the debate over how to handle it, reveal tensions in a city known for its progressive politics.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">San Francisco Mayor London Breed\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, Gov. Gavin Newsom unveiled a $286 billion budget that includes a surplus of $45 billion. Newsom’s proposal aims to address five key areas: COVID-19, climate change, homelessness, the cost of living, and public safety. Our panel of reporters looks at what these spending priorities mean for where California is heading.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED senior politics and government editor\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tal Kopan, San Francisco Chronicle Washington, D.C., correspondent\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Baughman’s Western Outfitters\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">We don’t usually feature a store in this segment, but Baughman’s Western Outfitters has a strong local history: It’s been family-owned for 140 years. If you want to visit a piece of California’s Wild West past, check out their selection of jeans, cowboy hats and boots. \u003c/span>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>COVID-19 Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">It’s been a week of pandemic record highs across the nation and in California. State health officials say 23% of professionally administered COVID-19 tests are positive, while the daily count of new cases has been topping 100,000 for the past several days. Some school districts have closed their doors and returned temporarily to online learning, while Sonoma County has taken the step of banning large indoor and outdoor gatherings for the next month.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Dr. Sundari R. Mase, Sonoma County Health Officer\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>SF Mayor London Breed\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Last month, Mayor London Breed declared a state of emergency in the Tenderloin neighborhood, vowing a police crackdown on the regular — and open — crime there. Criticism of her call for increased police intervention came swiftly from the city’s district attorney, Chesa Boudin, and other city leaders. The situation in the Tenderloin, and the debate over how to handle it, reveal tensions in a city known for its progressive politics.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">San Francisco Mayor London Breed\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, Gov. Gavin Newsom unveiled a $286 billion budget that includes a surplus of $45 billion. Newsom’s proposal aims to address five key areas: COVID-19, climate change, homelessness, the cost of living, and public safety. Our panel of reporters looks at what these spending priorities mean for where California is heading.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/mlkfilibuster_011422_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11901784\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/mlkfilibuster_011422_final.png\" alt='Cartoon: Martin Luther King Jr. at the Lincoln Memorial saying, \"I have a dream.\" The second panel shows Sen. Mitch McConnell saying, \"I have a filibuster.\"' width=\"1920\" height=\"1358\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-800x566.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-1020x721.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-160x113.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-1536x1086.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"https://www.washingtonpost.com/history/2022/01/04/mlk-filibuster/\">Martin Luther King Jr. spoke out against using the filibuster\u003c/a> to block voting rights legislation in 1963.\u003c/p>\n\u003cp>Republicans in the U.S. Senate have \u003ca href=\"https://www.nytimes.com/2022/01/12/us/politics/democrats-voting-rights-bill.html\">blocked voting rights bills using the filibuster numerous times\u003c/a> last year.\u003c/p>\n\u003cp>With voting rights under attack in statehouses across the country, \u003ca href=\"https://www.npr.org/2022/01/11/1071829164/biden-speech-voting-rights-filibuster-senate\">President Joe Biden has backed a carve-out to the filibuster rule\u003c/a> to ease passage of the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act.\u003c/p>\n\u003cp>Unfortunately, conservative Democratic senators like Joe Manchin and Kyrsten Sinema are siding with the Republican caucus in preserving the filibuster.\u003c/p>\n\u003cp>What is a filibuster, you ask? I created \u003ca href=\"http://www.markfiore.com/january-march-2022/2022/1/12/the-wonders-of-the-filibuster\">an animated explainer that details the largely racist history of the convoluted Senate rule\u003c/a>.\u003c/p>\n\u003cp>Major parts of the Voting Rights Act of 1965 that was filibustered by racist Southern Democrats (but eventually passed) were \u003ca href=\"https://www.npr.org/2021/07/01/1012294417/what-the-supreme-courts-arizona-decision-means-for-the-voting-rights-act\">recently struck down by the U.S. Supreme Court\u003c/a>.\u003c/p>\n\u003cp>Which has led politicians in some states to pass legislation that makes voting more difficult … and has led to more filibusters.\u003c/p>\n\u003cp>I know it’s a very, very long shot, but I sure hope Martin Luther King Jr. gets some shiny new voting rights laws for his birthday this year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/mlkfilibuster_011422_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11901784\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/mlkfilibuster_011422_final.png\" alt='Cartoon: Martin Luther King Jr. at the Lincoln Memorial saying, \"I have a dream.\" The second panel shows Sen. Mitch McConnell saying, \"I have a filibuster.\"' width=\"1920\" height=\"1358\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-800x566.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-1020x721.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-160x113.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/mlkfilibuster_011422_final-1536x1086.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>\u003ca href=\"https://www.washingtonpost.com/history/2022/01/04/mlk-filibuster/\">Martin Luther King Jr. spoke out against using the filibuster\u003c/a> to block voting rights legislation in 1963.\u003c/p>\n\u003cp>Republicans in the U.S. Senate have \u003ca href=\"https://www.nytimes.com/2022/01/12/us/politics/democrats-voting-rights-bill.html\">blocked voting rights bills using the filibuster numerous times\u003c/a> last year.\u003c/p>\n\u003cp>With voting rights under attack in statehouses across the country, \u003ca href=\"https://www.npr.org/2022/01/11/1071829164/biden-speech-voting-rights-filibuster-senate\">President Joe Biden has backed a carve-out to the filibuster rule\u003c/a> to ease passage of the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act.\u003c/p>\n\u003cp>Unfortunately, conservative Democratic senators like Joe Manchin and Kyrsten Sinema are siding with the Republican caucus in preserving the filibuster.\u003c/p>\n\u003cp>What is a filibuster, you ask? I created \u003ca href=\"http://www.markfiore.com/january-march-2022/2022/1/12/the-wonders-of-the-filibuster\">an animated explainer that details the largely racist history of the convoluted Senate rule\u003c/a>.\u003c/p>\n\u003cp>Major parts of the Voting Rights Act of 1965 that was filibustered by racist Southern Democrats (but eventually passed) were \u003ca href=\"https://www.npr.org/2021/07/01/1012294417/what-the-supreme-courts-arizona-decision-means-for-the-voting-rights-act\">recently struck down by the U.S. Supreme Court\u003c/a>.\u003c/p>\n\u003cp>Which has led politicians in some states to pass legislation that makes voting more difficult … and has led to more filibusters.\u003c/p>\n\u003cp>I know it’s a very, very long shot, but I sure hope Martin Luther King Jr. gets some shiny new voting rights laws for his birthday this year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Sister of Slain Oakland Security Officer Sues Facebook Over Killing Tied to Right-Wing Extremists",
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"content": "\u003cp>The sister of a federal security officer who was fatally shot while guarding a courthouse during George Floyd-related protests \u003ca href=\"https://www.documentcloud.org/documents/21174499-underwood-v-meta-complaint\">has sued Facebook\u003c/a>, accusing the tech giant of playing a role in radicalizing the alleged shooter.\u003c/p>\n\u003cp>Dave Patrick Underwood, 53, was shot and killed on May 29, 2020, in Oakland. Authorities have charged suspected gunman Steven Carrillo with murder. Investigators say \u003ca href=\"https://www.kqed.org/news/11824604/man-charged-in-killings-of-oakland-federal-officer-santa-cruz-deputy-linked-to-right-wing-extremist-group\">Carrillo had ties to the far-right, anti-government boogaloo movement\u003c/a> and that he organized with other boogaloo supporters on Facebook, including his alleged getaway driver, Robert A. Justus Jr., of Millbrae. Carrillo also faces murder charges in the June 5, 2020, \u003ca href=\"https://www.kqed.org/news/11823427/hundreds-mourn-santa-clara-county-sheriffs-deputy-killed-over-the-weekend\">ambush killing\u003c/a> of a Santa Cruz County sheriff’s deputy.\u003c/p>\n\u003cp>In a suit filed Thursday in California state court against Meta, Facebook’s parent company, Angela Underwood Jacobs accused Facebook officials of being aware that the social network was being used as a recruitment tool for boogaloo adherents, yet did not take steps to stop recommending boogaloo-related pages until after Underwood’s death. The suit called the deadly shooting “the culmination of an extremist plot hatched and planned on Facebook by two men who Meta connected through Facebook’s groups infrastructure and its use of algorithms designed and intended to increase user engagement and, correspondingly, Meta’s profits.”\u003c/p>\n\u003cp>The boogaloo movement is a collection of far-right extremists who claim to want to overthrow the U.S. government through a second civil war. Sometimes clad in Hawaiian-print T-shirts, the group is known to be heavily armed and is highly active online.\u003c/p>\n\u003cp>[aside postID=news_11824604 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/06/Carrillo-van-oakland-1020x631.jpg']Lawyers for Underwood Jacobs claim Facebook was negligent in designing a product “to promote and engage its users in extremist content” despite knowing that it could lead to potential violence.\u003c/p>\n\u003cp>“Facebook Inc. knew or could have reasonably foreseen that one or more individuals would be likely to become radicalized upon joining boogaloo-related groups on Facebook,” the suit states.\u003c/p>\n\u003cp>Federal investigators have said Carrillo, a staff sergeant at Fairfield’s Travis Air Force Base at the time of the shooting, used Facebook to communicate with other boogaloo supporters. On the same day Underwood was killed, Carrillo allegedly posted to a Facebook group that he planned to go to the George Floyd protests in Oakland to “show them the real targets. Use their anger to fuel our fire,” he allegedly wrote. “We have mobs of angry people to use to our advantage,” he wrote, according to federal prosecutors.\u003c/p>\n\u003cp>Authorities say Carrillo wrote that the protest was “a group opportunity to target the specialty soup bois,” a phrase boogaloo adherents use to refer to law enforcement officials because of the “alphabet soup” of federal law enforcement acronyms.\u003c/p>\n\u003cp>Underwood Jacobs’s suit contends that if Facebook had altered its algorithm so it was not recommending and promoting boogaloo groups, Carrillo may never have connected online with others in the extremist movement.\u003c/p>\n\u003cp>“Facebook bears responsibility for the murder of my brother,” Underwood Jacobs said.\u003c/p>\n\u003cp>Facebook did not have an immediate response to the suit.\u003c/p>\n\u003cfigure id=\"attachment_11901003\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11901003 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/AngelaUnderwoodJacobs.jpg\" alt='A Black woman with long, straight hair sits beneath a bright light at a large wooden desk with two plastic water bottles and a pump bottle of hand sanitizer, a white placard in front of her saying in all-capital letters, \"MS. ANGELA UNDERWOOD JACOBS.\" She looks to her direct left, as if someone out of the frame is speaking. Behind her sits a bald White man wearing a gray suit, a yellow tie, and a black facemask.' width=\"1920\" height=\"1200\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-800x500.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-1020x638.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-1536x960.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Angela Underwood Jacobs, whose brother David Underwood was shot and killed in 2020 by a suspect investigators say had right-wing extremist ties while working as a federal security officer in Oakland, attends a June 10, 2020, hearing on Capitol Hill about policing practices and law enforcement accountability prompted by the police murder of George Floyd. \u003ccite>(Brendan Smialowski/Pool/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit is the latest attempt to hold a Big Tech company accountable for real-world harm.\u003c/p>\n\u003cp>Social media companies largely escape legal responsibility in such cases thanks to a law known as Section 230, which prevents online platforms from being held liable for what users post.\u003c/p>\n\u003cp>There have been rare exceptions in attempts to advance lawsuits against tech companies, like when an appeals court \u003ca href=\"https://www.npr.org/2021/05/04/993579600/snapchat-can-be-sued-for-role-in-fatal-car-crash-court-rules\">found that Snapchat could be sued\u003c/a> for a feature that allegedly encouraged reckless driving.\u003c/p>\n\u003cp>Eric Goldman, a professor at Santa Clara University School of Law who studies Section 230, said Facebook likely will invoke the legal shield in this case, but he said the suit faces other hurdles, as well.\u003c/p>\n\u003cp>“There have been a number of lawsuits trying to establish that Facebook is liable for how violent groups and terrorists used their services,” Goldman said. “And courts have consistently rejected those claims because services like Facebook aren’t responsible for harms caused by people using the service.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The lawsuit leans heavily on the \u003ca href=\"https://www.wsj.com/articles/the-facebook-files-11631713039\">Facebook Files\u003c/a>, a cache of internal company documents exposed in a series of stories by The Wall Street Journal. Among the allegations is that Facebook’s algorithm promotes extremism through inflammatory and divisive content in order to keep users engaged and advertising dollars rolling in. Facebook researchers have estimated that the social network only catches between 3% and 5% of hate speech on the platform.\u003c/p>\n\u003cp>In a statement, lawyers for Underwood Jacobs said the Facebook Files revealed “Facebook’s active role in shaping the content on its website as well as creating and building groups on the platform – activities that fall outside of the conduct protected by Section 230.”\u003c/p>\n\u003cp>Facebook has reportedly \u003ca href=\"https://www.theverge.com/2021/10/12/22722885/facebook-militarized-social-movements-banned-internal-list-leak\">banned nearly 1,000 private groups\u003c/a> focused on “militarized social movements” like boogaloo.\u003c/p>\n\u003cp>Facebook has previously acknowledged its role in militia-fueled violence. In August 2020, Facebook CEO Mark Zuckerberg said it made an “operational mistake” in failing to remove a page for a militia group that called for armed citizens to enter Kenosha, Wisconsin. Two protesters were shot and killed there during demonstrations over the police shooting of Jacob Blake.\u003c/p>\n\u003cp>The same month, \u003ca href=\"https://about.fb.com/news/2020/08/addressing-movements-and-organizations-tied-to-violence/\">Facebook said it took down 2,400 pages\u003c/a> and more than 14,000 groups on the site started by militia groups.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit \u003ca href=\"https://www.npr.org/\">npr.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Sister+of+slain+security+officer+sues+Facebook+over+killing+tied+to+Boogaloo+movement&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The sister of a federal security officer who was fatally shot while guarding a courthouse during George Floyd-related protests \u003ca href=\"https://www.documentcloud.org/documents/21174499-underwood-v-meta-complaint\">has sued Facebook\u003c/a>, accusing the tech giant of playing a role in radicalizing the alleged shooter.\u003c/p>\n\u003cp>Dave Patrick Underwood, 53, was shot and killed on May 29, 2020, in Oakland. Authorities have charged suspected gunman Steven Carrillo with murder. Investigators say \u003ca href=\"https://www.kqed.org/news/11824604/man-charged-in-killings-of-oakland-federal-officer-santa-cruz-deputy-linked-to-right-wing-extremist-group\">Carrillo had ties to the far-right, anti-government boogaloo movement\u003c/a> and that he organized with other boogaloo supporters on Facebook, including his alleged getaway driver, Robert A. Justus Jr., of Millbrae. Carrillo also faces murder charges in the June 5, 2020, \u003ca href=\"https://www.kqed.org/news/11823427/hundreds-mourn-santa-clara-county-sheriffs-deputy-killed-over-the-weekend\">ambush killing\u003c/a> of a Santa Cruz County sheriff’s deputy.\u003c/p>\n\u003cp>In a suit filed Thursday in California state court against Meta, Facebook’s parent company, Angela Underwood Jacobs accused Facebook officials of being aware that the social network was being used as a recruitment tool for boogaloo adherents, yet did not take steps to stop recommending boogaloo-related pages until after Underwood’s death. The suit called the deadly shooting “the culmination of an extremist plot hatched and planned on Facebook by two men who Meta connected through Facebook’s groups infrastructure and its use of algorithms designed and intended to increase user engagement and, correspondingly, Meta’s profits.”\u003c/p>\n\u003cp>The boogaloo movement is a collection of far-right extremists who claim to want to overthrow the U.S. government through a second civil war. Sometimes clad in Hawaiian-print T-shirts, the group is known to be heavily armed and is highly active online.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Lawyers for Underwood Jacobs claim Facebook was negligent in designing a product “to promote and engage its users in extremist content” despite knowing that it could lead to potential violence.\u003c/p>\n\u003cp>“Facebook Inc. knew or could have reasonably foreseen that one or more individuals would be likely to become radicalized upon joining boogaloo-related groups on Facebook,” the suit states.\u003c/p>\n\u003cp>Federal investigators have said Carrillo, a staff sergeant at Fairfield’s Travis Air Force Base at the time of the shooting, used Facebook to communicate with other boogaloo supporters. On the same day Underwood was killed, Carrillo allegedly posted to a Facebook group that he planned to go to the George Floyd protests in Oakland to “show them the real targets. Use their anger to fuel our fire,” he allegedly wrote. “We have mobs of angry people to use to our advantage,” he wrote, according to federal prosecutors.\u003c/p>\n\u003cp>Authorities say Carrillo wrote that the protest was “a group opportunity to target the specialty soup bois,” a phrase boogaloo adherents use to refer to law enforcement officials because of the “alphabet soup” of federal law enforcement acronyms.\u003c/p>\n\u003cp>Underwood Jacobs’s suit contends that if Facebook had altered its algorithm so it was not recommending and promoting boogaloo groups, Carrillo may never have connected online with others in the extremist movement.\u003c/p>\n\u003cp>“Facebook bears responsibility for the murder of my brother,” Underwood Jacobs said.\u003c/p>\n\u003cp>Facebook did not have an immediate response to the suit.\u003c/p>\n\u003cfigure id=\"attachment_11901003\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11901003 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/AngelaUnderwoodJacobs.jpg\" alt='A Black woman with long, straight hair sits beneath a bright light at a large wooden desk with two plastic water bottles and a pump bottle of hand sanitizer, a white placard in front of her saying in all-capital letters, \"MS. ANGELA UNDERWOOD JACOBS.\" She looks to her direct left, as if someone out of the frame is speaking. Behind her sits a bald White man wearing a gray suit, a yellow tie, and a black facemask.' width=\"1920\" height=\"1200\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-800x500.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-1020x638.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/AngelaUnderwoodJacobs-1536x960.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Angela Underwood Jacobs, whose brother David Underwood was shot and killed in 2020 by a suspect investigators say had right-wing extremist ties while working as a federal security officer in Oakland, attends a June 10, 2020, hearing on Capitol Hill about policing practices and law enforcement accountability prompted by the police murder of George Floyd. \u003ccite>(Brendan Smialowski/Pool/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit is the latest attempt to hold a Big Tech company accountable for real-world harm.\u003c/p>\n\u003cp>Social media companies largely escape legal responsibility in such cases thanks to a law known as Section 230, which prevents online platforms from being held liable for what users post.\u003c/p>\n\u003cp>There have been rare exceptions in attempts to advance lawsuits against tech companies, like when an appeals court \u003ca href=\"https://www.npr.org/2021/05/04/993579600/snapchat-can-be-sued-for-role-in-fatal-car-crash-court-rules\">found that Snapchat could be sued\u003c/a> for a feature that allegedly encouraged reckless driving.\u003c/p>\n\u003cp>Eric Goldman, a professor at Santa Clara University School of Law who studies Section 230, said Facebook likely will invoke the legal shield in this case, but he said the suit faces other hurdles, as well.\u003c/p>\n\u003cp>“There have been a number of lawsuits trying to establish that Facebook is liable for how violent groups and terrorists used their services,” Goldman said. “And courts have consistently rejected those claims because services like Facebook aren’t responsible for harms caused by people using the service.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The lawsuit leans heavily on the \u003ca href=\"https://www.wsj.com/articles/the-facebook-files-11631713039\">Facebook Files\u003c/a>, a cache of internal company documents exposed in a series of stories by The Wall Street Journal. Among the allegations is that Facebook’s algorithm promotes extremism through inflammatory and divisive content in order to keep users engaged and advertising dollars rolling in. Facebook researchers have estimated that the social network only catches between 3% and 5% of hate speech on the platform.\u003c/p>\n\u003cp>In a statement, lawyers for Underwood Jacobs said the Facebook Files revealed “Facebook’s active role in shaping the content on its website as well as creating and building groups on the platform – activities that fall outside of the conduct protected by Section 230.”\u003c/p>\n\u003cp>Facebook has reportedly \u003ca href=\"https://www.theverge.com/2021/10/12/22722885/facebook-militarized-social-movements-banned-internal-list-leak\">banned nearly 1,000 private groups\u003c/a> focused on “militarized social movements” like boogaloo.\u003c/p>\n\u003cp>Facebook has previously acknowledged its role in militia-fueled violence. In August 2020, Facebook CEO Mark Zuckerberg said it made an “operational mistake” in failing to remove a page for a militia group that called for armed citizens to enter Kenosha, Wisconsin. Two protesters were shot and killed there during demonstrations over the police shooting of Jacob Blake.\u003c/p>\n\u003cp>The same month, \u003ca href=\"https://about.fb.com/news/2020/08/addressing-movements-and-organizations-tied-to-violence/\">Facebook said it took down 2,400 pages\u003c/a> and more than 14,000 groups on the site started by militia groups.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit \u003ca href=\"https://www.npr.org/\">npr.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Sister+of+slain+security+officer+sues+Facebook+over+killing+tied+to+Boogaloo+movement&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Silicon Valley is full of charismatic, high-flying start-up founders like former Theranos CEO Elizabeth Holmes, but very few of them are women.\u003c/p>\n\u003cp>Shady dealings and even outright fraud also are not unknown in the tech industry, but high-profile prosecutions of executives — like the one that led to \u003ca href=\"https://www.kqed.org/science/1978159/former-theranos-ceo-elizabeth-holmes-is-found-guilty-on-4-counts-in-her-fraud-trial\">Holmes’s conviction on four counts of fraud this week\u003c/a> — are relatively rare.\u003c/p>\n\u003cp>Ellen Pao, a tech investor and former CEO of Reddit, who has fought sexism in the venture capital industry, now heads \u003ca href=\"https://projectinclude.org/\">Project Include\u003c/a>, a nonprofit focused on building lasting diversity and inclusion in the tech industry.\u003c/p>\n\u003cp>In September, Pao wrote a \u003ca href=\"https://www.nytimes.com/2021/09/15/opinion/elizabeth-holmes-trial-sexism.html\">New York Times opinion piece\u003c/a> questioning why Holmes in particular was being held accountable while many male executives in Silicon Valley tend to avoid accountability for the “questionable, unethical, even dangerous behavior [that] has run rampant in the male-dominated world of tech start-ups.” And some of the men who are made to answer for their actions often return to lucrative roles in the industry, she said.\u003c/p>\n\u003cp>KQED spoke with Pao this week about Holmes’s conviction, and whether she thinks it will affect the barriers of entry for women in the industry.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>This interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>What did you think of this week’s verdict? Were you surprised by it? \u003c/strong>\u003c/p>\n\u003cp>Well, I was expecting a conviction. I’m glad that there was a conviction. I think it’s important to hold CEOs accountable for their actions, and my main problem with this prosecution is that it’s been one of the few prosecutions, and I wish more CEOs were held accountable for their actions as well.\u003c/p>\n\u003cp>\u003cstrong>In your opinion piece, you say Holmes should be held accountable for her actions, but that it’s also sexist to not do the same for prominent male tech leaders. Are there particular examples that you were thinking of when you wrote that? \u003c/strong>\u003c/p>\n\u003cp>I think it’s both in the broader context where we see it’s harder for women to get funding. It’s harder for especially women of color, Black women, Latinx women to get funding. So in that context, you see that women are often treated differently than men. And then all of a sudden you see a woman CEO being prosecuted.\u003c/p>\n\u003cp>But yet we look at all of the harm that’s been caused by companies like Facebook — the genocide incited in Myanmar — the scandals at Uber, where there’s accusations of harassment, of price gouging, of actual sexual assaults. And neither Mark Zuckerberg nor Travis Kalanick have faced any significant legal consequences, much less any kind of attempts to hold them personally accountable. The consequences, I believe, have only been to Facebook and to Uber as companies, and not to them as individuals for their leadership roles in these problems.\u003c/p>\n\u003cp>I’ve gotten so much flak for calling out Juul, which has caused so much harm in creating this youth nicotine epidemic. And it’s been called out for marketing its products as safe for children, for convincing kids to market to other kids, according to some of the information that came out in a congressional investigation. And … [w]e haven’t seen Kevin Burns, that [former] CEO who’s no longer there, be held accountable in any way. I hope we see other agencies really looking at this Theranos conviction as the start of holding many companies and many of their CEOs accountable.[pullquote size=\"medium\" align=\"right\" citation=\"Ellen Pao, tech investor and former Reddit CEO\"]‘It doesn’t mean that [Holmes] shouldn’t be held accountable. I just think we need to hold more men accountable. But the reaction where people felt so threatened by this callout of sexism in the industry, it makes me feel that for some, it’s going to be an excuse to continue to avoid investing in women. They already don’t invest in women, so that’s not going to be a big change.’[/pullquote]\u003c/p>\n\u003cp>\u003cstrong>Did you feel the coverage of the trial itself was different because Holmes was a woman? \u003c/strong>\u003c/p>\n\u003cp>I could not believe the number of articles about her appearance, about what she was wearing, about her hair and how she should change and what was her voice going to sound like. There was so much attention paid to her appearance and her demeanor that you don’t see and, you know, you don’t hear about or read about in other accounts of trials.\u003c/p>\n\u003cp>\u003cstrong>Why are women CEOs and start-up founders relatively rare in Silicon Valley? \u003c/strong>\u003c/p>\n\u003cp>I think there is a systemic sexism in the valley that comes from its origins — it was started by a group of white men who came out of the semiconductor industry. They hired a bunch of their friends who were white men, and all of a sudden that became the model. And even when I was in venture capital, the person that I worked for said, ‘Oh, we’re looking for men who are young and who have dropped out of school,’ and they wanted those men to be the people that we looked for and invested in.\u003c/p>\n\u003cp>And all of a sudden, you have this self-fulfilling prophecy where the only people that you’re investing in are these white 26-year-old men, and then they, lo and behold, are the only ones who are successful because they’re the only ones who are given the opportunities. And then for those venture capitalists, they feel like, ‘Oh, look, my pattern-matching held true. I’m going to double down on this theory I have that only white men who are 26-year-olds are going to be successful, and it keeps turning out to be true because that’s the only type of person that I invest in.’\u003c/p>\n\u003cp>So there’s a lot of this fixed mindset around who can be successful and who looks like a leader and who acts like a leader. [aside label='Theranos Coverage' tag='theranos']\u003cstrong>Do you think the Holmes trial and the high-profile conviction will affect the barriers of entry for women in the industry? \u003c/strong>\u003c/p>\n\u003cp>It’s been interesting to read the feedback from the column that I wrote. So many men were so angry with me, saying things like, “No, look, what she did was completely wrong, and she did something that was totally different from what these other people are doing. She is a terrible evil person!” Because they just don’t want to address the fact that actually we are holding her to a different standard.\u003c/p>\n\u003cp>It doesn’t mean that she shouldn’t be held accountable. I just think we need to hold more men accountable. But the reaction where people felt so threatened by this callout of sexism in the industry, it makes me feel that for some, it’s going to be an excuse to continue to avoid investing in women. They already don’t invest in women, so that’s not going to be a big change. But it’s just going to be slower to change these folks because they’ve just found another excuse to hold on to the past.\u003c/p>\n\u003cp>\u003cstrong>What can the tech and investment industry do to improve the situation for women and give them more of a chance to found and lead companies? \u003c/strong>\u003c/p>\n\u003cp>I have been pushing so hard, and through Project Include as well, for people to \u003cem>measure\u003c/em> — measure the demographics of who you are investing in. Not just by how many companies have a founder who is a woman or a founder who is Black. Really look at the percentage of founders, and also look at the percentage of dollars going in, because there are many venture capital firms that will invest in [some of these] companies, but not very much money. And the big dollars — you know, the $100 million investments — are still going to white men.\u003c/p>\n\u003cp>So let’s look for the distribution of dollars and the demographics of the founders and the demographics of the CEOs and really look for: Where are you today? Where do you want to be? And how are you going to get there?\u003c/p>\n\u003cp>There’s too much of these vanity metrics where you’re looking at … numbers that look better optically but aren’t actually showing the level of the lack of funding [to] different groups. We should be really looking at the real numbers, for venture capital firms, but also for companies. And investors should be looking at those numbers, too, not just in venture capital firms, but the limited partners that invest in venture capital firms. I wish they would hold the firms that they’re putting their money into more accountable.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Silicon Valley is full of charismatic, high-flying start-up founders like former Theranos CEO Elizabeth Holmes, but very few of them are women.\u003c/p>\n\u003cp>Shady dealings and even outright fraud also are not unknown in the tech industry, but high-profile prosecutions of executives — like the one that led to \u003ca href=\"https://www.kqed.org/science/1978159/former-theranos-ceo-elizabeth-holmes-is-found-guilty-on-4-counts-in-her-fraud-trial\">Holmes’s conviction on four counts of fraud this week\u003c/a> — are relatively rare.\u003c/p>\n\u003cp>Ellen Pao, a tech investor and former CEO of Reddit, who has fought sexism in the venture capital industry, now heads \u003ca href=\"https://projectinclude.org/\">Project Include\u003c/a>, a nonprofit focused on building lasting diversity and inclusion in the tech industry.\u003c/p>\n\u003cp>In September, Pao wrote a \u003ca href=\"https://www.nytimes.com/2021/09/15/opinion/elizabeth-holmes-trial-sexism.html\">New York Times opinion piece\u003c/a> questioning why Holmes in particular was being held accountable while many male executives in Silicon Valley tend to avoid accountability for the “questionable, unethical, even dangerous behavior [that] has run rampant in the male-dominated world of tech start-ups.” And some of the men who are made to answer for their actions often return to lucrative roles in the industry, she said.\u003c/p>\n\u003cp>KQED spoke with Pao this week about Holmes’s conviction, and whether she thinks it will affect the barriers of entry for women in the industry.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>What did you think of this week’s verdict? Were you surprised by it? \u003c/strong>\u003c/p>\n\u003cp>Well, I was expecting a conviction. I’m glad that there was a conviction. I think it’s important to hold CEOs accountable for their actions, and my main problem with this prosecution is that it’s been one of the few prosecutions, and I wish more CEOs were held accountable for their actions as well.\u003c/p>\n\u003cp>\u003cstrong>In your opinion piece, you say Holmes should be held accountable for her actions, but that it’s also sexist to not do the same for prominent male tech leaders. Are there particular examples that you were thinking of when you wrote that? \u003c/strong>\u003c/p>\n\u003cp>I think it’s both in the broader context where we see it’s harder for women to get funding. It’s harder for especially women of color, Black women, Latinx women to get funding. So in that context, you see that women are often treated differently than men. And then all of a sudden you see a woman CEO being prosecuted.\u003c/p>\n\u003cp>But yet we look at all of the harm that’s been caused by companies like Facebook — the genocide incited in Myanmar — the scandals at Uber, where there’s accusations of harassment, of price gouging, of actual sexual assaults. And neither Mark Zuckerberg nor Travis Kalanick have faced any significant legal consequences, much less any kind of attempts to hold them personally accountable. The consequences, I believe, have only been to Facebook and to Uber as companies, and not to them as individuals for their leadership roles in these problems.\u003c/p>\n\u003cp>I’ve gotten so much flak for calling out Juul, which has caused so much harm in creating this youth nicotine epidemic. And it’s been called out for marketing its products as safe for children, for convincing kids to market to other kids, according to some of the information that came out in a congressional investigation. And … [w]e haven’t seen Kevin Burns, that [former] CEO who’s no longer there, be held accountable in any way. I hope we see other agencies really looking at this Theranos conviction as the start of holding many companies and many of their CEOs accountable.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>Do you think the Holmes trial and the high-profile conviction will affect the barriers of entry for women in the industry? \u003c/strong>\u003c/p>\n\u003cp>It’s been interesting to read the feedback from the column that I wrote. So many men were so angry with me, saying things like, “No, look, what she did was completely wrong, and she did something that was totally different from what these other people are doing. She is a terrible evil person!” Because they just don’t want to address the fact that actually we are holding her to a different standard.\u003c/p>\n\u003cp>It doesn’t mean that she shouldn’t be held accountable. I just think we need to hold more men accountable. But the reaction where people felt so threatened by this callout of sexism in the industry, it makes me feel that for some, it’s going to be an excuse to continue to avoid investing in women. They already don’t invest in women, so that’s not going to be a big change. But it’s just going to be slower to change these folks because they’ve just found another excuse to hold on to the past.\u003c/p>\n\u003cp>\u003cstrong>What can the tech and investment industry do to improve the situation for women and give them more of a chance to found and lead companies? \u003c/strong>\u003c/p>\n\u003cp>I have been pushing so hard, and through Project Include as well, for people to \u003cem>measure\u003c/em> — measure the demographics of who you are investing in. Not just by how many companies have a founder who is a woman or a founder who is Black. Really look at the percentage of founders, and also look at the percentage of dollars going in, because there are many venture capital firms that will invest in [some of these] companies, but not very much money. And the big dollars — you know, the $100 million investments — are still going to white men.\u003c/p>\n\u003cp>So let’s look for the distribution of dollars and the demographics of the founders and the demographics of the CEOs and really look for: Where are you today? Where do you want to be? And how are you going to get there?\u003c/p>\n\u003cp>There’s too much of these vanity metrics where you’re looking at … numbers that look better optically but aren’t actually showing the level of the lack of funding [to] different groups. We should be really looking at the real numbers, for venture capital firms, but also for companies. And investors should be looking at those numbers, too, not just in venture capital firms, but the limited partners that invest in venture capital firms. I wish they would hold the firms that they’re putting their money into more accountable.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/january6th_010522_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11900879\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/january6th_010522_final.png\" alt='Cartoon: a U.S. map titled, \"January 6, 2022.\" Arrows point at multiple states with labels saying, \"law restricts voting access,\" \"law expands voter purges,\" \" democracy weakened.\" Some smoke rises over the nation.' width=\"1920\" height=\"1329\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-800x554.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-1020x706.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-160x111.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-1536x1063.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>In the wake of last year’s January 6 insurrection, \u003ca href=\"https://s3.documentcloud.org/documents/21169281/democracy-crisis-in-the-making-report-update_12232021-year-end-numbers.pdf\">Republican-controlled legislatures across the country have moved to restrict access to voting\u003c/a> and politicize how elections are carried out.\u003c/p>\n\u003cp>According to the nonpartisan, pro-democracy group Protect Democracy, 262 bills in 41 states would interfere with how elections are administered, and \u003ca href=\"https://protectdemocracy.org/project/democracy-crisis-in-the-making/#section-3\">32 of those bills have now been signed into law\u003c/a>.\u003c/p>\n\u003cp>Efforts to make participating in our democracy more difficult show no sign of abating and attempts to insert politics into our previously independent electoral system are gaining traction.\u003c/p>\n\u003cp>It’s not just about \u003ca href=\"https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-december-2021\">laws that are passed in state legislatures\u003c/a> — it’s about \u003ca href=\"https://www.npr.org/2022/01/04/1069232219/heres-where-election-deniers-and-doubters-are-running-to-control-voting\">super-partisan people who are beginning to infect county canvassing boards and voting precincts around the country\u003c/a>.\u003c/p>\n\u003cp>Footage of restrictive laws being passed and partisan election officials might not be as dramatic as a violent mob in the U.S. Capitol on Jan. 6, 2021, but what we’re witnessing is every bit as dangerous.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/january6th_010522_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11900879\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/january6th_010522_final.png\" alt='Cartoon: a U.S. map titled, \"January 6, 2022.\" Arrows point at multiple states with labels saying, \"law restricts voting access,\" \"law expands voter purges,\" \" democracy weakened.\" Some smoke rises over the nation.' width=\"1920\" height=\"1329\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-800x554.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-1020x706.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-160x111.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/january6th_010522_final-1536x1063.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>In the wake of last year’s January 6 insurrection, \u003ca href=\"https://s3.documentcloud.org/documents/21169281/democracy-crisis-in-the-making-report-update_12232021-year-end-numbers.pdf\">Republican-controlled legislatures across the country have moved to restrict access to voting\u003c/a> and politicize how elections are carried out.\u003c/p>\n\u003cp>According to the nonpartisan, pro-democracy group Protect Democracy, 262 bills in 41 states would interfere with how elections are administered, and \u003ca href=\"https://protectdemocracy.org/project/democracy-crisis-in-the-making/#section-3\">32 of those bills have now been signed into law\u003c/a>.\u003c/p>\n\u003cp>Efforts to make participating in our democracy more difficult show no sign of abating and attempts to insert politics into our previously independent electoral system are gaining traction.\u003c/p>\n\u003cp>It’s not just about \u003ca href=\"https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-december-2021\">laws that are passed in state legislatures\u003c/a> — it’s about \u003ca href=\"https://www.npr.org/2022/01/04/1069232219/heres-where-election-deniers-and-doubters-are-running-to-control-voting\">super-partisan people who are beginning to infect county canvassing boards and voting precincts around the country\u003c/a>.\u003c/p>\n\u003cp>Footage of restrictive laws being passed and partisan election officials might not be as dramatic as a violent mob in the U.S. Capitol on Jan. 6, 2021, but what we’re witnessing is every bit as dangerous.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/judge_010422_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11900768\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/judge_010422_final.png\" alt=\"Cartoon: an annoyed judge is overshadowed by a hulking PG&E character who is tangled in power lines and fire debris. The PG&E character says, "don't be so hard on yourself, judge. I've learned a lot about safety..."\" width=\"1920\" height=\"1370\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-800x571.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-1020x728.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-160x114.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-1536x1096.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>The \u003ca href=\"https://bit.ly/fiorealsupfailure\">federal judge overseeing PG&E’s probation said he was “a total failure in this job,”\u003c/a> expressing frustration he hasn’t been able to stop the utility from sparking wildfires or getting the company to take responsibility for its behavior.\u003c/p>\n\u003cp>During a hearing on Monday, as the end of criminal probation for the company approaches, U.S. District Judge William Alsup — never one to beat around the bush in court — didn’t hide his exasperation with PG&E.\u003c/p>\n\u003cp>A PG&E lawyer assured the judge that the utility had in fact learned valuable safety lessons. (Presumably, the lawyer managed to say that with a straight face.)\u003c/p>\n\u003cp>In short, Alsup wants “criminals like PG&E” to fess up and take responsibility for what they’ve done instead of tying themselves in legal knots to protect the beleaguered corporation.\u003c/p>\n\u003cp>I find the judge’s straight talk wonderfully refreshing, but am definitely not holding my breath for PG&E and its lawyers to act any differently.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/judge_010422_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11900768\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/judge_010422_final.png\" alt=\"Cartoon: an annoyed judge is overshadowed by a hulking PG&E character who is tangled in power lines and fire debris. The PG&E character says, "don't be so hard on yourself, judge. I've learned a lot about safety..."\" width=\"1920\" height=\"1370\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-800x571.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-1020x728.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-160x114.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/01/judge_010422_final-1536x1096.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>The \u003ca href=\"https://bit.ly/fiorealsupfailure\">federal judge overseeing PG&E’s probation said he was “a total failure in this job,”\u003c/a> expressing frustration he hasn’t been able to stop the utility from sparking wildfires or getting the company to take responsibility for its behavior.\u003c/p>\n\u003cp>During a hearing on Monday, as the end of criminal probation for the company approaches, U.S. District Judge William Alsup — never one to beat around the bush in court — didn’t hide his exasperation with PG&E.\u003c/p>\n\u003cp>A PG&E lawyer assured the judge that the utility had in fact learned valuable safety lessons. (Presumably, the lawyer managed to say that with a straight face.)\u003c/p>\n\u003cp>In short, Alsup wants “criminals like PG&E” to fess up and take responsibility for what they’ve done instead of tying themselves in legal knots to protect the beleaguered corporation.\u003c/p>\n\u003cp>I find the judge’s straight talk wonderfully refreshing, but am definitely not holding my breath for PG&E and its lawyers to act any differently.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Frustrated With PG&E Denial of Wildfire Charges, Judge Raises Possibility of Extending Probation",
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"content": "\u003cp>With time running out on PG&E’s five-year term of criminal probation in federal court, the judge overseeing the company’s sentence says he’s willing to consider extending the period of supervision if federal prosecutors ask him to do so.\u003c/p>\n\u003cp>The declaration from U.S. District Judge William Alsup came during a hearing Monday during which a PG&E attorney said the company denied allegations that it violated probation when its equipment ignited the October 2019 Kincade Fire in Sonoma County and the September 2020 Zogg Fire in Shasta and Tehama counties.\u003c/p>\n\u003cp>PG&E faces state criminal charges in both fires, including manslaughter for the deaths of four people who died in the Zogg blaze.[pullquote size=\"medium\" align=\"right\" citation=\"U.S. District Judge William Alsup\"]‘One of the things we hope for when we have criminals like PG&E that are on probation is that over the course of time they come to accept responsibility.’[/pullquote]\u003c/p>\n\u003cp>One condition of the utility’s probation — part of the sentence imposed after a conviction growing out of the 2010 San Bruno gas pipeline disaster — is that it refrain from breaking any local, state or federal law.\u003c/p>\n\u003cp>Alsup expressed frustration that measures he had imposed during the five years of probation, which is due to end at midnight Jan. 25, have failed to end a years-long siege of PG&E-sparked wildfires or, in his view, to get the company to change its behavior.\u003c/p>\n\u003cp>“One of the things we hope for when we have criminals like PG&E that are on probation is that over the course of time they come to accept responsibility,” Alsup said, addressing PG&E attorney Reid Schar. “In five years you’ve never done that. You’ve never accepted responsibility for any of these fires until it’s convenient or you’re up against the wall and have to plead guilty.”\u003c/p>\n\u003cp>The judge was especially critical of Schar’s contention that the company was denying the probation allegations because Shasta County investigators have not provided access to the remains of the tree that touched off the Zogg Fire.\u003c/p>\n\u003cp>“You know good and well you started the fire,” Alsup said. “Yet you stand here and come up with good lawyer-like reasons why you can’t accept responsibility.”\u003c/p>\n\u003cp>He called the company’s position “a very big disappointment to the court.”\u003c/p>\n\u003cp>“Five years of my life, of your life, the public’s life and the U.S. attorney’s life down the drain because you won’t accept responsibility,” Alsup said. At another point in the hearing, he said he had been “a total failure in this job … I would have thought that in five years I could have brought [PG&E] under control, but I have failed.”\u003c/p>\n\u003cp>Schar pushed back, saying the company “fundamentally disagrees” with Alsup’s statements and that it has learned important safety lessons during the probation. He also said it was unfair to ask PG&E to admit to criminal offenses “without being provided the full evidence.”\u003c/p>\n\u003cp>Alsup told Assistant U.S. Attorney Noah Stern he would leave it up to federal prosecutors on how to proceed. One possibility is that prosecutors could come back to court for an evidentiary hearing that would seek to prove that PG&E violated probation by starting the Sonoma and Shasta County fires.[aside postID=\"news_11891626,news_11890329\" label=\"Related Posts\"]Neither Stern nor PG&E attorney Schar sounded enthusiastic about the prospect of such a hearing, which would come with just half a month to go on the company’s probation and only weeks before the scheduled start of a preliminary hearing on Sonoma County’s 33-count criminal complaint arising from the Kincade Fire.\u003c/p>\n\u003cp>Another option that Alsup raised is that the U.S. Attorney’s Office could make a motion to extend PG&E’s probation. The judge has said several times in court and in written orders that he lacked authority to extend the term of court supervision beyond five years — the maximum prescribed in federal law.\u003c/p>\n\u003cp>Alsup has made those statements despite \u003ca href=\"https://s3.documentcloud.org/documents/21173406/usa-v-pge-us-attorneys-brief-on-extending-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">an April 2019 brief\u003c/a> that prosecutors filed at his request. The filing said “it appears to be an open question” whether the court could impose a new term of probation that would stretch beyond five years. PG&E attorneys, whom Alsup also asked to weigh in, \u003ca href=\"https://s3.documentcloud.org/documents/21173407/usa-v-pge-company-brief-on-extending-probation.pdf\">argued that federal law and court precedents bar the judge\u003c/a> from extending the probation beyond five years.\u003c/p>\n\u003cp>The judge told Stern on Monday that if prosecutors make a motion to extend probation, he would give it “serious consideration.” But he added: “I’m not saying I’d grant it. I’m just saying I didn’t realize it was an open question.”\u003c/p>\n\u003cp>Stern said prosecutors will file a status report with the court later this week outlining how they plan to proceed.\u003c/p>\n\u003cp>Speaking of the pending criminal cases in Shasta and Sonoma counties, Alsup urged prosecutors and judges in those jurisdictions “not to give up on probation” as part of a sentence if PG&E is found guilty or strikes some sort of plea agreement.\u003c/p>\n\u003cp>“PG&E needs to be under the probation of somebody,” Alsup said. “PG&E should face probation, and some judge like me up in Shasta County or Sonoma County will be riding herd on them. That’s what needs to happen if we’re ever going to get PG&E under control.”\u003c/p>\n\u003cp>The judge concluded with an appeal to reporters to pay close attention to the criminal proceedings in Sonoma and Shasta counties.\u003c/p>\n\u003cp>“Here’s how this is going to play out,” Alsup said. “PG&E will pay millions of dollars to these two counties and walk away as a convicted criminal, but it will not accept probation, and the counties will acquiesce in that. I ask the members of the press to watch that carefully and to hold the DAs accountable to putting this company on continued probation.”\u003c/p>\n\u003cp>Alsup also heard briefly from Sonoma County resident Will Abrams, whose home was destroyed in the 2017 Tubbs Fire. Abrams, a party to several California Public Utilities Commission proceedings on PG&E’s wildfire safety issues and to the company’s bankruptcy case, has urged the judge to impose a series of new probation conditions.\u003c/p>\n\u003cp>Among other things, Abrams has asked Alsup to consider ordering major changes to the company’s corporate and financial structure and require the company to adopt new safety accountability measures.\u003c/p>\n\u003cp>On Monday, Abrams told the judge he should also conduct a hearing to determine whether PG&E should pay restitution to wildfire victims who were part of the $13.5 billion settlement that allowed the company to exit bankruptcy in 2020. Half of that settlement figure is in PG&E stock. Abrams told the judge that restitution is due because fires the company has started since the settlement have depressed the stock’s price, diminished the value of the settlement and harmed him and other wildfire victims.\u003c/p>\n\u003cp>“Every time they cause a fire, we suffer,” Abrams said.\u003c/p>\n\u003cp>Alsup agreed with Abrams “that the victims have gotten a raw deal,” but added he wasn’t involved in the bankruptcy case and has no power to change its settlement terms.\u003c/p>\n\u003cp>He advised Abrams to talk to prosecutors “and see if you can convince the United States attorney to extend probation. I’m not saying I’d do it or not … but if the United States attorney doesn’t move for it, I’m not going to do it, period.”\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>\u003c/p>\n\u003cp>One condition of the utility’s probation — part of the sentence imposed after a conviction growing out of the 2010 San Bruno gas pipeline disaster — is that it refrain from breaking any local, state or federal law.\u003c/p>\n\u003cp>Alsup expressed frustration that measures he had imposed during the five years of probation, which is due to end at midnight Jan. 25, have failed to end a years-long siege of PG&E-sparked wildfires or, in his view, to get the company to change its behavior.\u003c/p>\n\u003cp>“One of the things we hope for when we have criminals like PG&E that are on probation is that over the course of time they come to accept responsibility,” Alsup said, addressing PG&E attorney Reid Schar. “In five years you’ve never done that. You’ve never accepted responsibility for any of these fires until it’s convenient or you’re up against the wall and have to plead guilty.”\u003c/p>\n\u003cp>The judge was especially critical of Schar’s contention that the company was denying the probation allegations because Shasta County investigators have not provided access to the remains of the tree that touched off the Zogg Fire.\u003c/p>\n\u003cp>“You know good and well you started the fire,” Alsup said. “Yet you stand here and come up with good lawyer-like reasons why you can’t accept responsibility.”\u003c/p>\n\u003cp>He called the company’s position “a very big disappointment to the court.”\u003c/p>\n\u003cp>“Five years of my life, of your life, the public’s life and the U.S. attorney’s life down the drain because you won’t accept responsibility,” Alsup said. At another point in the hearing, he said he had been “a total failure in this job … I would have thought that in five years I could have brought [PG&E] under control, but I have failed.”\u003c/p>\n\u003cp>Schar pushed back, saying the company “fundamentally disagrees” with Alsup’s statements and that it has learned important safety lessons during the probation. He also said it was unfair to ask PG&E to admit to criminal offenses “without being provided the full evidence.”\u003c/p>\n\u003cp>Alsup told Assistant U.S. Attorney Noah Stern he would leave it up to federal prosecutors on how to proceed. One possibility is that prosecutors could come back to court for an evidentiary hearing that would seek to prove that PG&E violated probation by starting the Sonoma and Shasta County fires.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Neither Stern nor PG&E attorney Schar sounded enthusiastic about the prospect of such a hearing, which would come with just half a month to go on the company’s probation and only weeks before the scheduled start of a preliminary hearing on Sonoma County’s 33-count criminal complaint arising from the Kincade Fire.\u003c/p>\n\u003cp>Another option that Alsup raised is that the U.S. Attorney’s Office could make a motion to extend PG&E’s probation. The judge has said several times in court and in written orders that he lacked authority to extend the term of court supervision beyond five years — the maximum prescribed in federal law.\u003c/p>\n\u003cp>Alsup has made those statements despite \u003ca href=\"https://s3.documentcloud.org/documents/21173406/usa-v-pge-us-attorneys-brief-on-extending-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">an April 2019 brief\u003c/a> that prosecutors filed at his request. The filing said “it appears to be an open question” whether the court could impose a new term of probation that would stretch beyond five years. PG&E attorneys, whom Alsup also asked to weigh in, \u003ca href=\"https://s3.documentcloud.org/documents/21173407/usa-v-pge-company-brief-on-extending-probation.pdf\">argued that federal law and court precedents bar the judge\u003c/a> from extending the probation beyond five years.\u003c/p>\n\u003cp>The judge told Stern on Monday that if prosecutors make a motion to extend probation, he would give it “serious consideration.” But he added: “I’m not saying I’d grant it. I’m just saying I didn’t realize it was an open question.”\u003c/p>\n\u003cp>Stern said prosecutors will file a status report with the court later this week outlining how they plan to proceed.\u003c/p>\n\u003cp>Speaking of the pending criminal cases in Shasta and Sonoma counties, Alsup urged prosecutors and judges in those jurisdictions “not to give up on probation” as part of a sentence if PG&E is found guilty or strikes some sort of plea agreement.\u003c/p>\n\u003cp>“PG&E needs to be under the probation of somebody,” Alsup said. “PG&E should face probation, and some judge like me up in Shasta County or Sonoma County will be riding herd on them. That’s what needs to happen if we’re ever going to get PG&E under control.”\u003c/p>\n\u003cp>The judge concluded with an appeal to reporters to pay close attention to the criminal proceedings in Sonoma and Shasta counties.\u003c/p>\n\u003cp>“Here’s how this is going to play out,” Alsup said. “PG&E will pay millions of dollars to these two counties and walk away as a convicted criminal, but it will not accept probation, and the counties will acquiesce in that. I ask the members of the press to watch that carefully and to hold the DAs accountable to putting this company on continued probation.”\u003c/p>\n\u003cp>Alsup also heard briefly from Sonoma County resident Will Abrams, whose home was destroyed in the 2017 Tubbs Fire. Abrams, a party to several California Public Utilities Commission proceedings on PG&E’s wildfire safety issues and to the company’s bankruptcy case, has urged the judge to impose a series of new probation conditions.\u003c/p>\n\u003cp>Among other things, Abrams has asked Alsup to consider ordering major changes to the company’s corporate and financial structure and require the company to adopt new safety accountability measures.\u003c/p>\n\u003cp>On Monday, Abrams told the judge he should also conduct a hearing to determine whether PG&E should pay restitution to wildfire victims who were part of the $13.5 billion settlement that allowed the company to exit bankruptcy in 2020. Half of that settlement figure is in PG&E stock. Abrams told the judge that restitution is due because fires the company has started since the settlement have depressed the stock’s price, diminished the value of the settlement and harmed him and other wildfire victims.\u003c/p>\n\u003cp>“Every time they cause a fire, we suffer,” Abrams said.\u003c/p>\n\u003cp>Alsup agreed with Abrams “that the victims have gotten a raw deal,” but added he wasn’t involved in the bankruptcy case and has no power to change its settlement terms.\u003c/p>\n\u003cp>He advised Abrams to talk to prosecutors “and see if you can convince the United States attorney to extend probation. I’m not saying I’d do it or not … but if the United States attorney doesn’t move for it, I’m not going to do it, period.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "A Simple Paperwork Error Can Get Asylum Seekers Deported. Rosa Díaz Got Lucky on a Lunch Break",
"title": "A Simple Paperwork Error Can Get Asylum Seekers Deported. Rosa Díaz Got Lucky on a Lunch Break",
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"content": "\u003cp>Rosa Díaz vividly remembers the summer day in 2019 when she showed up for an appointment at the Sacramento office of U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“The surprise I got on July 12 was that I was going to be deported,” she said, speaking in Spanish.\u003c/p>\n\u003cp>An ICE officer told her that a judge had ordered her removed from the country after she missed an immigration court hearing in Los Angeles the previous November. Díaz was stunned.\u003c/p>\n\u003cp>She had left Honduras with her three children in 2018 after police failed to protect her from an abusive partner who beat her close to death while she was pregnant with her youngest child. Over two weeks, they walked, got rides and took buses to the U.S. border, hoping to find protection. They were sent to an ICE family detention center in Texas for three weeks.\u003c/p>\n\u003cp>Before she was released from detention, Díaz, 40, gave ICE agents the phone number for her adult son, who lived in Maxwell, a town in rural Colusa County in the Sacramento Valley. Her son provided officials with his address, where his mom and siblings would be living. But the address ICE sent to the immigration court got botched: ICE listed the city as Los Angeles.\u003c/p>\n\u003cp>“I never received a notice of that hearing. If I had, I would have been there,” Díaz said. “My intention was to do things the right way.” [pullquote size=\"medium\" align=\"right\" citation=\"Rosa Díaz, asylum seeker from Honduras\"]'I never received a notice of that hearing. If I had, I would have been there.'[/pullquote]\u003c/p>\n\u003cp>When she was released from detention with a temporary status called “parole,” she was given a year before she had to check in with ICE. Díaz said she thought she had already been granted asylum.\u003c/p>\n\u003cp>“When a person first gets here, they don't know how things work, and nobody explained it to me,” she said.\u003c/p>\n\u003cp>The asylum process can be baffling, and, as Díaz learned, navigating it without a lawyer can be disastrous. Unlike in criminal cases, people in federal immigration court have no right to a court-appointed lawyer if they can’t find their own.\u003c/p>\n\u003cp>Like Díaz, thousands of newly arrived \u003ca href=\"https://trac.syr.edu/phptools/immigration/asylum/\">asylum seekers never get their day in court\u003c/a>. They can be tripped up by paperwork, and a clerical error can be enough to get them deported.\u003c/p>\n\u003cp>Last year a third of all immigrants in asylum cases did not have representation, according to data analyzed by the \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\" target=\"_blank\" rel=\"noopener noreferrer\">Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University. And over the past two decades, just 10% of asylum seekers without legal representation won their cases, while those with lawyers were nearly four times as likely to win protection, according to \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\" target=\"_blank\" rel=\"noopener noreferrer\">TRAC’s data\u003c/a>.\u003c/p>\n\u003ch3>The luckiest lunch break\u003c/h3>\n\u003cp>After passing an initial asylum screening, Díaz and her kids were released from family detention on June 20, 2018, and told to check in with ICE before her one-year parole document expired. So on June 13, 2019, Díaz voluntarily went to the ICE office in Sacramento. She was instructed to return on June 20 with all her documents, which she did. That day, ICE officials put her in a GPS ankle monitor. On July 12, they summoned her again, and that’s when she learned she had been ordered deported “in absentia” by a Los Angeles immigration judge on Nov. 27, 2018.\u003c/p>\n\u003cp>ICE officials told Díaz they planned to deport her that same day. But first, the office was closing for lunch.\u003c/p>\n\u003cp>“I went outside, sat down and burst into tears,” Díaz said. “I cried because I had gotten all the way here with my three children and I couldn’t imagine taking them back to Honduras.”\u003c/p>\n\u003cp>A pair of immigrant rights advocates with \u003ca href=\"https://www.norcalresist.org/\" target=\"_blank\" rel=\"noopener noreferrer\">NorCal Resist\u003c/a> who were leafleting outside the ICE building stopped to check on Díaz, said Katie Fleming, director of the \u003ca href=\"https://www.crlaf.org/removal-defense-representation\" target=\"_blank\" rel=\"noopener noreferrer\">removal defense program\u003c/a> at the California Rural Legal Assistance Foundation in Sacramento. The advocates drove her to Fleming’s office and made an urgent plea for legal help.\u003c/p>\n\u003cp>“We were able to talk to her and then advocate with ICE to give her a few more days to be able to try to reopen that removal proceeding because she did not know about it,” Fleming said.\u003c/p>\n\u003cp>The swift response by the activists and lawyers was an incredible stroke of luck for Díaz. Attorneys succeeded in reopening her case. And in March, with Fleming representing her, she won asylum for herself and her children.\u003c/p>\n\u003cp>But what Díaz experienced is common for asylum seekers without a lawyer. Fleming said Díaz’s case shows how even people with legitimate claims to asylum can be ordered deported without getting a chance to make their case to a judge.\u003c/p>\n\u003cp>“She didn’t understand, as most people don’t, what the next process entailed in terms of applying for asylum,” she continued. “She didn’t realize that going to an ICE office is different from going to court.”\u003c/p>\n\u003cp>[pullquote size='large' align='right']Judge Phan turned to a towering stack of blue folders for those not present. Then she signed deportation orders for 23 people who failed to appear.[/pullquote]\u003c/p>\n\u003cp>Immigrant rights advocates have long argued for universal access to counsel for people in removal proceedings. In a \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">January 2021 report\u003c/a>, the American Bar Association made a series of recommendations for how the incoming administration of President Joe Biden could make the immigration system more fair and efficient by providing government funding for lawyers, among other things.\u003c/p>\n\u003cp>The stakes for people who are deported can include persecution, torture and death, the report noted.\u003c/p>\n\u003cp>“Unrepresented individuals in removal proceedings are inherently disadvantaged in an adversarial system in which the government is always represented by an experienced attorney,” the report warned.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\" target=\"_blank\" rel=\"noopener noreferrer\">Biden administration has asked Congress\u003c/a> to budget $15 million to provide representation to families and children, and $23 million for legal orientation programs, but Congress has yet to act.\u003c/p>\n\u003ch3>Deported in absentia\u003c/h3>\n\u003cp>When a person fails to appear for a hearing in immigration court, they can be ordered removed from the country in absentia. That’s what happened to Díaz, and it’s been happening with alarming regularity at San Francisco’s immigration court, according to Milli Atkinson, who runs the \u003ca href=\"https://www.sfbar.org/jdc/immigrant-legal-defense/\" target=\"_blank\" rel=\"noopener noreferrer\">Immigrant Legal Defense Program\u003c/a> at the Bar Association of San Francisco.\u003c/p>\n\u003cp>Atkinson said judges handed out scores of deportation orders in absentia from August to November under a new system ostensibly aimed at correcting bad addresses when mail was returned as undeliverable.\u003c/p>\n\u003cp>“What the court started doing in August is purposely taking cases that they knew people were unlikely to get their mail and rescheduling their hearing and sending a new notice out to an address that the court knows is incorrect,” Atkinson said. “Some of the judges were just reading off their names and their case numbers and ordering them removed in bunches, without looking at the individual file, making sure the information was all correct and really making no attempt to contact the individuals.”\u003c/p>\n\u003cp>It’s a self-defeating system, Atkinson said, because most immigrants never get the new notice, so they miss their new court date.\u003c/p>\n\u003cp>She acknowledged that it’s the responsibility of individuals to notify the court within five days every time they move. But many people in removal proceedings are checking in regularly with ICE under a supervision program, she said.\u003c/p>\n\u003cp>“A lot of times ICE and the government attorneys have information about where these people are and what their current addresses are, and they have no legal obligation to share those with the court,” she said.[aside postID=news_11886227]At one “returned notice” hearing in San Francisco in late October, Judge Susan Phan had 31 cases on her afternoon docket, but only six of the people were present.\u003c/p>\n\u003cp>One woman in the courtroom was Nichol Valencia, a fluent English speaker originally from the Philippines who’s married to a U.S. Coast Guard officer. She said she learned that her December hearing date had been rescheduled for October when she checked the court’s website, concerned that COVID-19 might interfere with court business.\u003c/p>\n\u003cp>“We called you in today because we were concerned you were not getting hearing notices,” Phan told Valencia. “Even though you submitted your new address to the ICE officer, you have to separately submit it to the court.”\u003c/p>\n\u003cp>“I did submit a blue form to the court,” responded Valencia, who again provided her new address.\u003c/p>\n\u003cp>After scheduling a new hearing for Valencia in February, Judge Phan turned to a towering stack of blue folders for those not present. She rescheduled two cases, telling the ICE prosecutor he needed to provide more evidence. Then Phan signed deportation orders for 23 people who failed to appear.\u003c/p>\n\u003cp>Atkinson said she thinks the new system was an effort to cope with the court’s massive backlog, which recently surpassed 1.5 million cases. [aside postID=news_11883227]\u003c/p>\n\u003cp>“This was a way to help some cases get back on track that might have otherwise lost contact with the court, but the actual result is they’re deporting people in very high numbers,” she said.\u003c/p>\n\u003cp>In November, Atkinson sent a letter on behalf of a group of Bay Area legal advocates to the presiding judge for the San Francisco court expressing “grave concerns” about the returned notice dockets, arguing they violate the constitutional due process rights of people who are ordered deported in absentia.\u003c/p>\n\u003cp>In addition, the letter said, the COVID-19 pandemic has caused housing instability for many immigrants and restricted their access to legal services, two reasons the court should be more understanding.\u003c/p>\n\u003cp>In December, an official for the court system replied, calling the approach a “longstanding practice” for immigration courts throughout the country.\u003c/p>\n\u003cp>Courts “routinely create dockets for cases with returned hearing notices for efficiency and docket management,” wrote Alexis Fooshé, the communications and legislative affairs division chief of the Executive Office for Immigration Review. “Like every case before the court, immigration judges make decisions based on the specific and unique factors of each case in accordance with applicable law.”[aside tag=\"immigration, migration\" label=\"Related Coverage\"]Atkinson said if people in immigration proceedings had the right to court-appointed counsel, attorneys would help with the simple but essential task of keeping contact information current.\u003c/p>\n\u003cp>“And all of your mail would go to the lawyer’s office, so that would be a huge problem solved right there,” she said.\u003c/p>\n\u003cp>Díaz did not have a lawyer to sort out the mess caused when ICE erroneously entered her brother’s address. She’s grateful that the two advocates stopped to help when they saw her weeping outside the Sacramento ICE office.\u003c/p>\n\u003cp>“If they hadn’t been there, I wouldn’t be here,” she said. “I’d be back in my country and God knows what would have happened to me there.”\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>Rosa Díaz vividly remembers the summer day in 2019 when she showed up for an appointment at the Sacramento office of U.S. Immigration and Customs Enforcement.\u003c/p>\n\u003cp>“The surprise I got on July 12 was that I was going to be deported,” she said, speaking in Spanish.\u003c/p>\n\u003cp>An ICE officer told her that a judge had ordered her removed from the country after she missed an immigration court hearing in Los Angeles the previous November. Díaz was stunned.\u003c/p>\n\u003cp>She had left Honduras with her three children in 2018 after police failed to protect her from an abusive partner who beat her close to death while she was pregnant with her youngest child. Over two weeks, they walked, got rides and took buses to the U.S. border, hoping to find protection. They were sent to an ICE family detention center in Texas for three weeks.\u003c/p>\n\u003cp>Before she was released from detention, Díaz, 40, gave ICE agents the phone number for her adult son, who lived in Maxwell, a town in rural Colusa County in the Sacramento Valley. Her son provided officials with his address, where his mom and siblings would be living. But the address ICE sent to the immigration court got botched: ICE listed the city as Los Angeles.\u003c/p>\n\u003cp>“I never received a notice of that hearing. If I had, I would have been there,” Díaz said. “My intention was to do things the right way.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Immigrant rights advocates have long argued for universal access to counsel for people in removal proceedings. In a \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">January 2021 report\u003c/a>, the American Bar Association made a series of recommendations for how the incoming administration of President Joe Biden could make the immigration system more fair and efficient by providing government funding for lawyers, among other things.\u003c/p>\n\u003cp>The stakes for people who are deported can include persecution, torture and death, the report noted.\u003c/p>\n\u003cp>“Unrepresented individuals in removal proceedings are inherently disadvantaged in an adversarial system in which the government is always represented by an experienced attorney,” the report warned.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\" target=\"_blank\" rel=\"noopener noreferrer\">Biden administration has asked Congress\u003c/a> to budget $15 million to provide representation to families and children, and $23 million for legal orientation programs, but Congress has yet to act.\u003c/p>\n\u003ch3>Deported in absentia\u003c/h3>\n\u003cp>When a person fails to appear for a hearing in immigration court, they can be ordered removed from the country in absentia. That’s what happened to Díaz, and it’s been happening with alarming regularity at San Francisco’s immigration court, according to Milli Atkinson, who runs the \u003ca href=\"https://www.sfbar.org/jdc/immigrant-legal-defense/\" target=\"_blank\" rel=\"noopener noreferrer\">Immigrant Legal Defense Program\u003c/a> at the Bar Association of San Francisco.\u003c/p>\n\u003cp>Atkinson said judges handed out scores of deportation orders in absentia from August to November under a new system ostensibly aimed at correcting bad addresses when mail was returned as undeliverable.\u003c/p>\n\u003cp>“What the court started doing in August is purposely taking cases that they knew people were unlikely to get their mail and rescheduling their hearing and sending a new notice out to an address that the court knows is incorrect,” Atkinson said. “Some of the judges were just reading off their names and their case numbers and ordering them removed in bunches, without looking at the individual file, making sure the information was all correct and really making no attempt to contact the individuals.”\u003c/p>\n\u003cp>It’s a self-defeating system, Atkinson said, because most immigrants never get the new notice, so they miss their new court date.\u003c/p>\n\u003cp>She acknowledged that it’s the responsibility of individuals to notify the court within five days every time they move. But many people in removal proceedings are checking in regularly with ICE under a supervision program, she said.\u003c/p>\n\u003cp>“A lot of times ICE and the government attorneys have information about where these people are and what their current addresses are, and they have no legal obligation to share those with the court,” she said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>At one “returned notice” hearing in San Francisco in late October, Judge Susan Phan had 31 cases on her afternoon docket, but only six of the people were present.\u003c/p>\n\u003cp>One woman in the courtroom was Nichol Valencia, a fluent English speaker originally from the Philippines who’s married to a U.S. Coast Guard officer. She said she learned that her December hearing date had been rescheduled for October when she checked the court’s website, concerned that COVID-19 might interfere with court business.\u003c/p>\n\u003cp>“We called you in today because we were concerned you were not getting hearing notices,” Phan told Valencia. “Even though you submitted your new address to the ICE officer, you have to separately submit it to the court.”\u003c/p>\n\u003cp>“I did submit a blue form to the court,” responded Valencia, who again provided her new address.\u003c/p>\n\u003cp>After scheduling a new hearing for Valencia in February, Judge Phan turned to a towering stack of blue folders for those not present. She rescheduled two cases, telling the ICE prosecutor he needed to provide more evidence. Then Phan signed deportation orders for 23 people who failed to appear.\u003c/p>\n\u003cp>Atkinson said she thinks the new system was an effort to cope with the court’s massive backlog, which recently surpassed 1.5 million cases. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This was a way to help some cases get back on track that might have otherwise lost contact with the court, but the actual result is they’re deporting people in very high numbers,” she said.\u003c/p>\n\u003cp>In November, Atkinson sent a letter on behalf of a group of Bay Area legal advocates to the presiding judge for the San Francisco court expressing “grave concerns” about the returned notice dockets, arguing they violate the constitutional due process rights of people who are ordered deported in absentia.\u003c/p>\n\u003cp>In addition, the letter said, the COVID-19 pandemic has caused housing instability for many immigrants and restricted their access to legal services, two reasons the court should be more understanding.\u003c/p>\n\u003cp>In December, an official for the court system replied, calling the approach a “longstanding practice” for immigration courts throughout the country.\u003c/p>\n\u003cp>Courts “routinely create dockets for cases with returned hearing notices for efficiency and docket management,” wrote Alexis Fooshé, the communications and legislative affairs division chief of the Executive Office for Immigration Review. “Like every case before the court, immigration judges make decisions based on the specific and unique factors of each case in accordance with applicable law.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Atkinson said if people in immigration proceedings had the right to court-appointed counsel, attorneys would help with the simple but essential task of keeping contact information current.\u003c/p>\n\u003cp>“And all of your mail would go to the lawyer’s office, so that would be a huge problem solved right there,” she said.\u003c/p>\n\u003cp>Díaz did not have a lawyer to sort out the mess caused when ICE erroneously entered her brother’s address. She’s grateful that the two advocates stopped to help when they saw her weeping outside the Sacramento ICE office.\u003c/p>\n\u003cp>“If they hadn’t been there, I wouldn’t be here,” she said. “I’d be back in my country and God knows what would have happened to me there.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"perspectives": {
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"order": 14
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"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.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
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