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"bio": "\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.",
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"content": "\u003cp>A San Francisco police officer was suspended in February for violating a man’s Fourth Amendment rights in 2019, newly released internal police accountability documents show.\u003c/p>\n\u003cp>That finding of misconduct, which was appealed by SFPD Officer Brett Hernandez, was upheld in February, paving the way for its release under Senate Bill 16, \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">an expanded police transparency law that opens up records of false arrests and illegal searches, \u003c/a>\u003ca href=\"https://www.kqed.org/news/11905492/a-police-officer-used-the-n-word-on-duty-new-law-reveals-he-got-a-pay-cut-is-that-enough\">discrimination and excessive use of force by police officers\u003c/a>.\u003c/p>\n\u003cp>The first documents released by the city to KQED this week under the new law shed light on one of the most complex and robust police accountability systems in the state. The city’s police department and the independent department that investigates civilian complaints both are overseen by the San Francisco Police Commission, which found that “the basic values that we as a society hold dear” were at stake in the case.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>Still, the documents also raise a question: Why were concerns about the officer’s credibility never addressed?\u003c/p>\n\u003cp>On January 24, 2019, around 11 a.m., Ibrahim Nimer Shiheiber pulled up to the curb in front of a sandwich shop in the Inner Sunset to grab a Philly cheesesteak for lunch. He parked in a red zone with his tail end blocking a fire hydrant. Shiheiber put his hazards on and headed toward the shop.\u003c/p>\n\u003cp>At that moment, an SFPD cruiser pulled up and two officers jumped out. Officer Hernandez and a female officer named Jacqueline Hernandez, no relation, approached the then-30-year-old and turned on their body cameras.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=o_ZB0YdyRqg\u003c/p>\n\u003cp>\u003cem>Above, SFPD officer bodycam footage shows the 2019 incident between Officer Brett Hernandez and Ibrahim Nimer Shiheiber, over his stopped vehicle. (Courtesy of the San Francisco Department of Police Accountability)\u003c/em>\u003c/p>\n\u003cp>“You’re detained, buddy,” Hernandez told Shiheiber in the footage.\u003c/p>\n\u003cp>“For what? Why are you guys just bothering me?” Shiheiber asked.\u003c/p>\n\u003cp>The officers said his car was illegally parked, and Shiheiber argued with them briefly about whether or not he was “stopped” or “parked,” but said he’d move his car. They told Shiheiber he could not move his car because he was being detained, and Hernandez began to pull on his blue latex gloves.\u003c/p>\n\u003cp>“Here’s my ID, and that’s all that I’m giving you,” Shiheiber said, passing the officer his identification. “You have no right to touch me.”\u003c/p>\n\u003cp>“Yes, I do,” Hernandez said.\u003c/p>\n\u003cp>Shiheiber continued to insist that the officers did not have the right to touch him, even as they forcibly grabbed him, took him to the ground and handcuffed him.\u003c/p>\n\u003cp>“I was scared,” Shiheiber said in a recent interview. “You have no options. If my fight-and-flight instinct kicks in, and I try to defend myself, they’re going to say I’m resisting. And if I don’t try to defend myself, I don’t know what this guy’s going to do.”[aside tag=\"police\" label=\"Related coverage\"]\u003c/p>\n\u003cp>The officers ultimately released Shiheiber with a citation. Shiheiber said his shirt was torn, his face and side were scraped up and his hip hurt from where an officer held him down.\u003c/p>\n\u003cp>“I decided it was time that I needed to take action,” he said.\u003c/p>\n\u003cp>First, Shiheiber walked into the police station at 850 Bryant Street and told the desk officer he wanted to “file an assault charge” against a police officer.\u003c/p>\n\u003cp>“We don’t do that here,” she told him, Shiheiber, now 33, recalled.\u003c/p>\n\u003cp>She directed him to the Third Street police station. There an officer told him to go back to Bryant Street. Finally, Shiheiber said a Black female officer whispered to him where he needed to go: the \u003ca href=\"https://sf.gov/departments/department-police-accountability/about\">Department of Police Accountability\u003c/a>.\u003c/p>\n\u003cp>An SFPD spokesperson declined to comment for this story, saying in an email, “Because this involves a personnel disciplinary matter, we are unable to provide public comments.”\u003c/p>\n\u003cp>Hernandez’s lawyer Christopher Shea said the discipline his client later received was “unwarranted” and that an internal investigation into the incident by the department found “he acted within his discretion and committed no misconduct.”\u003c/p>\n\u003cp>However, unlike most police accountability systems across the state, which rely on officers inside the department to investigate civilian complaints, San Francisco also has an investigative body entirely independent of the police department. The DPA receives complaints from people like Shiheiber, investigates and makes findings, which it passes along to the police chief or, in more serious cases, the San Francisco Police Commission for disposition.\u003c/p>\n\u003cp>“If we recommend that an officer be sustained for misconduct and we recommend less than 10 days’ suspension, the chief can say yes or no,” explained Stephanie Wargo-Wilson, the DPA attorney who handled Shiheiber’s complaint. “If we recommend an 11-day suspension or more, then that case is eligible to go to the police commission.”\u003c/p>\n\u003cp>The San Francisco Police Commission also is unusual in that it has the authority to discipline officers. Most civilian oversight bodies can recommend disciplinary action, but only the chief or the sheriff have the power to impose it.\u003c/p>\n\u003cfigure id=\"attachment_11911265\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11911265\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/IbrahimNimerShiheiber-800x511.jpeg\" alt=\"Ibrahim Nimer Shiheiber, 33, filed a complaint with the Department of Police Accountability against SFPD Officer Brett Hernandez on January 24, 2019. Hernandez was suspending for violating his Fourth Amendment rights.\" width=\"800\" height=\"511\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-800x511.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-1020x652.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-160x102.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-1536x981.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-2048x1308.jpeg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-1920x1227.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Ibrahim Nimer Shiheiber, 33, filed a complaint with the Department of Police Accountability against SFPD Officer Brett Hernandez on Jan. 24, 2019. Hernandez was suspending for violating his Fourth Amendment rights. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Shiheiber said he was “treated very respectfully” at the DPA. Investigators took photos of his injuries, listened to his story, and opened a case.\u003c/p>\n\u003cp>In November of 2019, the DPA sent its findings to Police Chief Bill Scott.\u003c/p>\n\u003cp>“Officer Brett Hernandez escalated a parking violation to an intrusive detention, pat search, and take down that caused [redacted] pain. He could have just as easily left a ticket on the car,” the report found.\u003c/p>\n\u003cp>The DPA also found that Hernandez violated Shiheiber’s Fourth Amendment rights, which protect the public from unreasonable searches and seizures. Investigators also did not find Hernandez’s justification for the search believable.\u003c/p>\n\u003cp>Hernandez told the DPA and police commission investigators that Shiheiber “was constantly” reaching into his pockets and that his baggy clothing “can conceal weapons.”[pullquote size=\"medium\" align=\"right\" citation=\"Ibrahim Nimer Shiheiber\"]‘I was scared … You have no options. If my fight-and-flight instinct kicks in, and I try to defend myself, they’re going to say I’m resisting. And if I don’t try to defend myself, I don’t know what this guy’s going to do.’[/pullquote]“The fact that he was walking away, failing to comply with commands, being verbally aggressive towards us, it’s my training and experience that that is an indicator that somebody might have weapons on their persons and for the safety of myself and my partner, fear of our safety I conducted a pat search,” he said, according to a recording of the interview released by the DPA.\u003c/p>\n\u003cp>But the report pointed out that, during the exchange, the only time Shiheiber reached into his pocket was when he gave the officers his identification, which can be seen on body camera footage. He does not act violent in any way, and there are no visible bulges that would indicate a weapon.\u003c/p>\n\u003cp>“Officer Brett Hernandez used buzzwords in place of facts — ‘totality of circumstances,’ ‘aggressive,’ and ‘officer safety’ are words often used in place of hard facts,” the report found. Shiheiber, according to the report, “failed the attitude test. He deigned to argue with police officers and assert his Fourth Amendment rights.”\u003c/p>\n\u003cp>Hernandez also told investigators that Shiheiber tried to flee from officers.\u003c/p>\n\u003cp>“This is simply not true – once it was clear that the police were detaining [redacted] he made no attempt to ‘flee,’” the report reads.\u003c/p>\n\u003cp>This is a stunning finding because a police officer’s credibility is at the heart of their ability to do their jobs — to write police reports and provide sworn testimony.\u003c/p>\n\u003cp>If a police officer with credibility issues is called to testify in a criminal case, the district attorney also is required to notify the defendant in that case, according to the Supreme Court ruling Brady v. Maryland. To meet this obligation, Rachel Marshall, director of communications and policy adviser for the San Francisco DA, said in an email that the SFPD has formally agreed it will proactively notify prosecutors “when they learn that one of their members has potential Brady materials in their personnel file.”\u003c/p>\n\u003cp>Marshall wrote that her office is “not aware of this incident and are unaware of any cases impacted by it.” She said recent police transparency laws SB 16 and SB 1421 have helped prosecutors comply with Brady.\u003c/p>\n\u003cp>“Officer Hernandez was never formally accused of dishonesty and no finding of dishonesty was suggested during this process,” Shea wrote in an email.\u003c/p>\n\u003cp>The DPA did not charge Hernandez with dishonesty, according to the documents. Wargo-Wilson said she could not comment on the reasons for that.\u003c/p>\n\u003cp>The San Francisco Police Commission suspended Hernandez for 10 days with another five days that would be imposed if Hernandez violated policy again, and it ordered him to get more training.\u003c/p>\n\u003cp>In its conclusion, the commission found video of the incident “damning and disturbing.”\u003c/p>\n\u003cp>“If [redacted] can be mistreated this way by the police under the circumstances of this case, then anyone on the street may be subject to a pat search on flimsy grounds,” the DPA’s report reads.\u003c/p>\n\u003cp>“This case involves poor policing that resulted in a violation of [redacted’s] rights, but the potential damage of police misconduct such as that of Officer Hernandez implicates the community as a whole, not just [redacted].”\u003c/p>\n\u003cp>The documents released this week do not definitively indicate whether Chief Scott agreed with the DPA’s findings, and his spokesperson said he declined to comment on the case. But the documents show that Hernandez’s attorney told the police commission that \u003ca href=\"https://www.documentcloud.org/documents/21615236-production-0045-19-part-b#document/p183/a2096777\">the chief disagreed with the DPA\u003c/a>.\u003c/p>\n\u003cp>“The plight of Officer Hernandez is an example of the overreach and lack of knowledge regarding the law by the Police Commission and the Department of Police Accountability,” Shea wrote in an email.\u003c/p>\n\u003cp>Hernandez appealed his discipline, but on Feb. 1, 2022, an administrative law judge with the city’s Office of Administrative Hearings ruled the discipline would stand.\u003c/p>\n\u003cp>Shiheiber said he didn’t know about the officer’s suspension until KQED contacted him for an interview. He said he’s gratified by the findings of the DPA and the commission, but questioned why Hernandez was still on the force at all.\u003c/p>\n\u003cp>“Police are supposed to be held to a higher standard,” he said. “They’re not supposed to be above the law.”\u003c/p>\n\u003cp>Shiheiber also filed a civil lawsuit against the city, which is ongoing. He said police officers do have a difficult and dangerous job.\u003c/p>\n\u003cp>“If I was a police officer, I wouldn’t make my job harder and go mess with people that didn’t warrant my attention,” he said. “‘Cause there’s actual things out there.”\u003c/p>\n\u003cp>\u003cem>This story has been updated to include comment from SFPD Officer Brett Hernandez’s attorney Christopher Shea.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://www.documentcloud.org/documents/21615236-production-0045-19-part-b#document/p183/a2096776\" height=\"800\" width=\"100%\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">Above, read \u003ca href=\"https://www.documentcloud.org/documents/21615236-production-0045-19-part-b#document/p183/a2096776\">the full transcript of Officer Brett Hernandez’s administrative hearing\u003c/a>, hosted on DocumentCloud.\u003c/span>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"subhead": "The San Francisco Police Commission found video of Officer Brett Hernandez's encounter with a resident 'damning and disturbing.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco police officer was suspended in February for violating a man’s Fourth Amendment rights in 2019, newly released internal police accountability documents show.\u003c/p>\n\u003cp>That finding of misconduct, which was appealed by SFPD Officer Brett Hernandez, was upheld in February, paving the way for its release under Senate Bill 16, \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">an expanded police transparency law that opens up records of false arrests and illegal searches, \u003c/a>\u003ca href=\"https://www.kqed.org/news/11905492/a-police-officer-used-the-n-word-on-duty-new-law-reveals-he-got-a-pay-cut-is-that-enough\">discrimination and excessive use of force by police officers\u003c/a>.\u003c/p>\n\u003cp>The first documents released by the city to KQED this week under the new law shed light on one of the most complex and robust police accountability systems in the state. The city’s police department and the independent department that investigates civilian complaints both are overseen by the San Francisco Police Commission, which found that “the basic values that we as a society hold dear” were at stake in the case.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Still, the documents also raise a question: Why were concerns about the officer’s credibility never addressed?\u003c/p>\n\u003cp>On January 24, 2019, around 11 a.m., Ibrahim Nimer Shiheiber pulled up to the curb in front of a sandwich shop in the Inner Sunset to grab a Philly cheesesteak for lunch. He parked in a red zone with his tail end blocking a fire hydrant. Shiheiber put his hazards on and headed toward the shop.\u003c/p>\n\u003cp>At that moment, an SFPD cruiser pulled up and two officers jumped out. Officer Hernandez and a female officer named Jacqueline Hernandez, no relation, approached the then-30-year-old and turned on their body cameras.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/o_ZB0YdyRqg'\n title='//www.youtube.com/embed/o_ZB0YdyRqg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003cem>Above, SFPD officer bodycam footage shows the 2019 incident between Officer Brett Hernandez and Ibrahim Nimer Shiheiber, over his stopped vehicle. (Courtesy of the San Francisco Department of Police Accountability)\u003c/em>\u003c/p>\n\u003cp>“You’re detained, buddy,” Hernandez told Shiheiber in the footage.\u003c/p>\n\u003cp>“For what? Why are you guys just bothering me?” Shiheiber asked.\u003c/p>\n\u003cp>The officers said his car was illegally parked, and Shiheiber argued with them briefly about whether or not he was “stopped” or “parked,” but said he’d move his car. They told Shiheiber he could not move his car because he was being detained, and Hernandez began to pull on his blue latex gloves.\u003c/p>\n\u003cp>“Here’s my ID, and that’s all that I’m giving you,” Shiheiber said, passing the officer his identification. “You have no right to touch me.”\u003c/p>\n\u003cp>“Yes, I do,” Hernandez said.\u003c/p>\n\u003cp>Shiheiber continued to insist that the officers did not have the right to touch him, even as they forcibly grabbed him, took him to the ground and handcuffed him.\u003c/p>\n\u003cp>“I was scared,” Shiheiber said in a recent interview. “You have no options. If my fight-and-flight instinct kicks in, and I try to defend myself, they’re going to say I’m resisting. And if I don’t try to defend myself, I don’t know what this guy’s going to do.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The officers ultimately released Shiheiber with a citation. Shiheiber said his shirt was torn, his face and side were scraped up and his hip hurt from where an officer held him down.\u003c/p>\n\u003cp>“I decided it was time that I needed to take action,” he said.\u003c/p>\n\u003cp>First, Shiheiber walked into the police station at 850 Bryant Street and told the desk officer he wanted to “file an assault charge” against a police officer.\u003c/p>\n\u003cp>“We don’t do that here,” she told him, Shiheiber, now 33, recalled.\u003c/p>\n\u003cp>She directed him to the Third Street police station. There an officer told him to go back to Bryant Street. Finally, Shiheiber said a Black female officer whispered to him where he needed to go: the \u003ca href=\"https://sf.gov/departments/department-police-accountability/about\">Department of Police Accountability\u003c/a>.\u003c/p>\n\u003cp>An SFPD spokesperson declined to comment for this story, saying in an email, “Because this involves a personnel disciplinary matter, we are unable to provide public comments.”\u003c/p>\n\u003cp>Hernandez’s lawyer Christopher Shea said the discipline his client later received was “unwarranted” and that an internal investigation into the incident by the department found “he acted within his discretion and committed no misconduct.”\u003c/p>\n\u003cp>However, unlike most police accountability systems across the state, which rely on officers inside the department to investigate civilian complaints, San Francisco also has an investigative body entirely independent of the police department. The DPA receives complaints from people like Shiheiber, investigates and makes findings, which it passes along to the police chief or, in more serious cases, the San Francisco Police Commission for disposition.\u003c/p>\n\u003cp>“If we recommend that an officer be sustained for misconduct and we recommend less than 10 days’ suspension, the chief can say yes or no,” explained Stephanie Wargo-Wilson, the DPA attorney who handled Shiheiber’s complaint. “If we recommend an 11-day suspension or more, then that case is eligible to go to the police commission.”\u003c/p>\n\u003cp>The San Francisco Police Commission also is unusual in that it has the authority to discipline officers. Most civilian oversight bodies can recommend disciplinary action, but only the chief or the sheriff have the power to impose it.\u003c/p>\n\u003cfigure id=\"attachment_11911265\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11911265\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/04/IbrahimNimerShiheiber-800x511.jpeg\" alt=\"Ibrahim Nimer Shiheiber, 33, filed a complaint with the Department of Police Accountability against SFPD Officer Brett Hernandez on January 24, 2019. Hernandez was suspending for violating his Fourth Amendment rights.\" width=\"800\" height=\"511\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-800x511.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-1020x652.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-160x102.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-1536x981.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-2048x1308.jpeg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/04/IbrahimNimerShiheiber-1920x1227.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Ibrahim Nimer Shiheiber, 33, filed a complaint with the Department of Police Accountability against SFPD Officer Brett Hernandez on Jan. 24, 2019. Hernandez was suspending for violating his Fourth Amendment rights. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Shiheiber said he was “treated very respectfully” at the DPA. Investigators took photos of his injuries, listened to his story, and opened a case.\u003c/p>\n\u003cp>In November of 2019, the DPA sent its findings to Police Chief Bill Scott.\u003c/p>\n\u003cp>“Officer Brett Hernandez escalated a parking violation to an intrusive detention, pat search, and take down that caused [redacted] pain. He could have just as easily left a ticket on the car,” the report found.\u003c/p>\n\u003cp>The DPA also found that Hernandez violated Shiheiber’s Fourth Amendment rights, which protect the public from unreasonable searches and seizures. Investigators also did not find Hernandez’s justification for the search believable.\u003c/p>\n\u003cp>Hernandez told the DPA and police commission investigators that Shiheiber “was constantly” reaching into his pockets and that his baggy clothing “can conceal weapons.”\u003c/p>\u003c/div>",
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"content": "‘I was scared … You have no options. If my fight-and-flight instinct kicks in, and I try to defend myself, they’re going to say I’m resisting. And if I don’t try to defend myself, I don’t know what this guy’s going to do.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The fact that he was walking away, failing to comply with commands, being verbally aggressive towards us, it’s my training and experience that that is an indicator that somebody might have weapons on their persons and for the safety of myself and my partner, fear of our safety I conducted a pat search,” he said, according to a recording of the interview released by the DPA.\u003c/p>\n\u003cp>But the report pointed out that, during the exchange, the only time Shiheiber reached into his pocket was when he gave the officers his identification, which can be seen on body camera footage. He does not act violent in any way, and there are no visible bulges that would indicate a weapon.\u003c/p>\n\u003cp>“Officer Brett Hernandez used buzzwords in place of facts — ‘totality of circumstances,’ ‘aggressive,’ and ‘officer safety’ are words often used in place of hard facts,” the report found. Shiheiber, according to the report, “failed the attitude test. He deigned to argue with police officers and assert his Fourth Amendment rights.”\u003c/p>\n\u003cp>Hernandez also told investigators that Shiheiber tried to flee from officers.\u003c/p>\n\u003cp>“This is simply not true – once it was clear that the police were detaining [redacted] he made no attempt to ‘flee,’” the report reads.\u003c/p>\n\u003cp>This is a stunning finding because a police officer’s credibility is at the heart of their ability to do their jobs — to write police reports and provide sworn testimony.\u003c/p>\n\u003cp>If a police officer with credibility issues is called to testify in a criminal case, the district attorney also is required to notify the defendant in that case, according to the Supreme Court ruling Brady v. Maryland. To meet this obligation, Rachel Marshall, director of communications and policy adviser for the San Francisco DA, said in an email that the SFPD has formally agreed it will proactively notify prosecutors “when they learn that one of their members has potential Brady materials in their personnel file.”\u003c/p>\n\u003cp>Marshall wrote that her office is “not aware of this incident and are unaware of any cases impacted by it.” She said recent police transparency laws SB 16 and SB 1421 have helped prosecutors comply with Brady.\u003c/p>\n\u003cp>“Officer Hernandez was never formally accused of dishonesty and no finding of dishonesty was suggested during this process,” Shea wrote in an email.\u003c/p>\n\u003cp>The DPA did not charge Hernandez with dishonesty, according to the documents. Wargo-Wilson said she could not comment on the reasons for that.\u003c/p>\n\u003cp>The San Francisco Police Commission suspended Hernandez for 10 days with another five days that would be imposed if Hernandez violated policy again, and it ordered him to get more training.\u003c/p>\n\u003cp>In its conclusion, the commission found video of the incident “damning and disturbing.”\u003c/p>\n\u003cp>“If [redacted] can be mistreated this way by the police under the circumstances of this case, then anyone on the street may be subject to a pat search on flimsy grounds,” the DPA’s report reads.\u003c/p>\n\u003cp>“This case involves poor policing that resulted in a violation of [redacted’s] rights, but the potential damage of police misconduct such as that of Officer Hernandez implicates the community as a whole, not just [redacted].”\u003c/p>\n\u003cp>The documents released this week do not definitively indicate whether Chief Scott agreed with the DPA’s findings, and his spokesperson said he declined to comment on the case. But the documents show that Hernandez’s attorney told the police commission that \u003ca href=\"https://www.documentcloud.org/documents/21615236-production-0045-19-part-b#document/p183/a2096777\">the chief disagreed with the DPA\u003c/a>.\u003c/p>\n\u003cp>“The plight of Officer Hernandez is an example of the overreach and lack of knowledge regarding the law by the Police Commission and the Department of Police Accountability,” Shea wrote in an email.\u003c/p>\n\u003cp>Hernandez appealed his discipline, but on Feb. 1, 2022, an administrative law judge with the city’s Office of Administrative Hearings ruled the discipline would stand.\u003c/p>\n\u003cp>Shiheiber said he didn’t know about the officer’s suspension until KQED contacted him for an interview. He said he’s gratified by the findings of the DPA and the commission, but questioned why Hernandez was still on the force at all.\u003c/p>\n\u003cp>“Police are supposed to be held to a higher standard,” he said. “They’re not supposed to be above the law.”\u003c/p>\n\u003cp>Shiheiber also filed a civil lawsuit against the city, which is ongoing. He said police officers do have a difficult and dangerous job.\u003c/p>\n\u003cp>“If I was a police officer, I wouldn’t make my job harder and go mess with people that didn’t warrant my attention,” he said. “‘Cause there’s actual things out there.”\u003c/p>\n\u003cp>\u003cem>This story has been updated to include comment from SFPD Officer Brett Hernandez’s attorney Christopher Shea.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://www.documentcloud.org/documents/21615236-production-0045-19-part-b#document/p183/a2096776\" height=\"800\" width=\"100%\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">Above, read \u003ca href=\"https://www.documentcloud.org/documents/21615236-production-0045-19-part-b#document/p183/a2096776\">the full transcript of Officer Brett Hernandez’s administrative hearing\u003c/a>, hosted on DocumentCloud.\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "From Scandal to Scrutiny: How Vigilant Citizen Oversight Helped Reshape Oakland's Police Force",
"title": "From Scandal to Scrutiny: How Vigilant Citizen Oversight Helped Reshape Oakland's Police Force",
"headTitle": "CALmatters | KQED News",
"content": "\u003cp>The man was screaming, but the beating didn’t stop.\u003c/p>\n\u003cp>It was June 27, 2000, and the Oakland Police Department’s vaunted gang task force was at work in West Oakland. The officers worked one of the most dangerous beats in one of the most violent parts of the city. They called themselves the Riders.\u003c/p>\n\u003cp>One member of the task force beat Delphine Allen on the soles of his feet with batons, according to trial testimony. Police pepper-sprayed him and drove him under a freeway overpass, where the beating continued, a rookie officer who witnessed the beating would later testify.\u003c/p>\n\u003cp>Allen called out for his mother, who lived nearby. “I thought they were going to kill me,” he said in court.\u003c/p>\n\u003cp>The rookie police officer who witnessed the assault on Allen filed a complaint in July 2000. The resulting scandal upended the department and touched off a massive overhaul in how the department judges its own officers’ conduct.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Today, Oakland has arguably become the state’s most watched police department, under the guise of both a federal monitor and strong civilian oversight. In this city of 435,000, civilians have the power to overrule the police department.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"opd\"]“The direction that Oakland is taking is the inevitable path for a modern-day progressive police department,” said Oakland Mayor Libby Schaaf. “And so I believe that we’re on the front lines, we’re the vanguard of police reform.”\u003c/p>\n\u003cp>Statewide data helps tell that story. The Oakland Police Department \"sustains\" complaints against its officers at a rate higher than that of any other major law enforcement entity, except the state Department of Corrections and Rehabilitation, according to a CalMatters analysis of California Department of Justice data.\u003c/p>\n\u003cp>Complaints originate with citizens, or from the department’s internal affairs unit. \u003ca href=\"https://infogram.com/sustained-complaints-ratio-1hdw2jpkmelkj2l\">A sustained complaint\u003c/a> indicates the department believed the person who complained, and could discipline those officers involved.\u003c/p>\n\u003cp>Statewide, law enforcement agencies marked as sustained 7.6% of complaints against their officers from 2016 to 2020. In those years, the Oakland Police Department \"sustained\" complaints at an average rate of 11.3%, the data shows.\u003c/p>\n\u003cp>In 2018 and 2020, the department sustained more than 15.2% of complaints, double the state average.\u003c/p>\n\u003cp>“I think we’re doing a much more thorough evaluation,” said Oakland Police Chief LeRonne Armstrong. “I also think when you have a community with very low trust in law enforcement, it means that law enforcement has to make sure that they have legitimate and professional processes so we can build trust.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/9d7a218a-38b0-4d06-b912-8e91e348d2c0?src=embed\" title=\"Oakland Police sustained complaints\" width=\"800\" height=\"837\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The state's DOJ has collected the number of complaints and those sustained since 2016, the result of a bill that ordered agencies to establish a procedure to investigate complaints by the public against officers and publish the results.\u003c/p>\n\u003cp>The Oakland police complaint process is now handled by both its internal affairs division and a civilian panel that oversees the department.\u003c/p>\n\u003cp>And among the rank and file, there has been fallout.\u003c/p>\n\u003cp>Today, officers are leaving the department in higher numbers, from an average of about four per month late last year to 10 or 15 a month since then, according to Armstrong.\u003c/p>\n\u003cp>“We haven’t seen these type of numbers since I’ve been at the department, and that’s been over two decades,” he said. “When you work in a big city that’s under the microscope like Oakland, I’m sure that can be challenging to some officers.”\u003c/p>\n\u003cp>“I’ve been pushing the same message to officers, that you can’t escape the calls for reform,” he added. “No matter where you go, you’re going to see more community involvement, the community paying more attention to the actions of officers.”\u003c/p>\n\u003cp>The website \u003ca href=\"https://oaklandside.org/2022/03/09/police-officers-leaving-oakland-attrition-diversity/\">Oaklandside reported that\u003c/a>, in a sample of 30 exit interviews with Oakland police officers, half were leaving because of dissatisfaction with leadership at the police department or city, and seven cited “heavy discipline.” Others cited family reasons, low morale and better jobs, among other factors.\u003c/p>\n\u003cp>“I’ve been doing some exit interviews with officers that are choosing to go to other departments, and what I tell them is the Oakland way is going to be the American way any minute now,” Schaaf told CalMatters.\u003c/p>\n\u003ch2 id=\"h-the-oakland-riders-legacy\">The Oakland Riders' legacy\u003c/h2>\n\u003cp>Before the Oakland rookie police officer blew the whistle on the Riders, he was told that beating, kidnapping and planting drugs on people was simply how police work was done, he later testified in court.\u003c/p>\n\u003cp>At \u003ca href=\"https://www.sfgate.com/bayarea/article/OAKLAND-Riders-lied-brutalized-man-2629441.php\">trial in 2004\u003c/a>, the former rookie, Keith Batts, testified that he didn’t immediately report what he saw. He was new to the department and feared repercussions for reporting excessive use of force.\u003c/p>\n\u003cp>Three members of the Riders would eventually be fired, but juries would later acquit them of some criminal charges and deadlock on many others. A fourth member, Riders leader Frank Vazquez, fled the city in November 2000, and prosecutors have said they \u003ca href=\"https://www.eastbaytimes.com/2012/12/12/oakland-where-the-riders-are-today/\">believe he’s in hiding in Mexico\u003c/a>.\u003c/p>\n\u003cp>More than 100 people sued the police department in federal court. The cases were combined into a negotiated settlement agreement, in which the police department consented to reforms and accepted a federal monitoring team. The team would oversee dozens of proposed reforms at the department, especially concerning its use-of-force policy and the process by which complaints are treated.[pullquote align=\"right\" size=\"medium\" citation=\"Oakland Mayor Libby Schaaf\"]'The direction that Oakland is taking is the inevitable path for a modern-day progressive police department. And so I believe that we're on the front lines, we're the vanguard of police reform.'[/pullquote]The original monitoring team and its successor, appointed in 2010, have both praised and condemned the Oakland police for their conduct since 2003. But in the ensuing two decades, one fundamental change has made the biggest difference: Oakland residents have garnered a lot more power over their police department.\u003c/p>\n\u003cp>First, in \u003ca href=\"https://www.oaklandca.gov/resources/learn-more-about-measure-ll\">a 2016 ballot measure\u003c/a>, the city’s voters put the whole department under civilian oversight. Then, in 2020, the civilian police commission fired the city’s police chief.\u003c/p>\n\u003cp>In December, the city hired its first inspector general for the police department, a civilian position overseen by the civilian board.\u003c/p>\n\u003cp>Rocky Lucia, an attorney for the Oakland Police Officers’ Association and several other Bay Area police department unions, said the level of oversight in Oakland exceeds what he’s seen anywhere else.\u003c/p>\n\u003cp>“They pay a lot more attention to police conduct in Oakland,” Lucia said. “There’s more eyes on people. There’s policies, software programs, there’s resources committed. It’s more than I’ve ever seen anywhere else in the state.”\u003c/p>\n\u003cp>Lucia wonders if Oakland should be spending the amount of money it does on oversight, given \u003ca href=\"https://www.oaklandca.gov/news/2021/opd-addresses-a-challenging-year-in-crime-with-year-end-data\">rising crime rates\u003c/a> that began during the pandemic and the city’s \u003ca href=\"https://www.oaklandca.gov/news/2020/city-of-oakland-faces-possible-62m-shortfall#:~:text=The%20report%20shows%20that%20the,indicates%20this%20shortfall%20is%20widening.\">always-muddy financial situation\u003c/a>, only 18 months removed from a $62 million budget shortfall. But he also acknowledges that the department is identifying potentially problematic officers.\u003c/p>\n\u003cp>“They’re catching these things early,” Lucia said.\u003c/p>\n\u003ch2 id=\"h-a-tale-of-two-scandals\">A tale of two scandals\u003c/h2>\n\u003cp>Two years before the beating of Delphine Allen, a different and more infamous gang task force controversy erupted 350 miles south: the Los Angeles Police Department’s Rampart scandal.\u003c/p>\n\u003cp>The Community Resources Against Street Hoodlums — or CRASH — unit was to Los Angeles what the Riders were to Oakland: an elite group of cops on a special detail that made big busts in the LAPD’s Rampart Division.\u003c/p>\n\u003cp>CRASH unit officers also were accused of robbing a bank, stealing cocaine from the evidence room and replacing it with Bisquick, and \u003ca href=\"https://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/cron.html\">beating a suspect until he vomited blood\u003c/a>.\u003c/p>\n\u003cp>As a result, in 1998 the LAPD instituted a new policy: Any complaints against an officer would trigger an investigation.\u003c/p>\n\u003cp>Complaints against officers piled up, major crimes arrests dropped, and officers started to complain that the system treated them unfairly.\u003c/p>\n\u003cp>“Complaints against officers soared,” wrote University of Chicago economics professor Canice Prendergast in \u003ca href=\"https://bfi.uchicago.edu/insight/research-summary/drive-and-wave-the-response-to-lapd-police-reforms-after-rampart/\">a 2021 paper analyzing the scandal’s fallout\u003c/a>. “These were sustained at high rates, resulting in suspensions, resignations and terminations at levels far higher than before.”\u003c/p>\n\u003cp>Any complaint tied up officers’ promotions and transfers. Prendergast found that the level of sustained complaints was even more damaging to police morale.\u003c/p>\n\u003cp>In response, the officers radically reduced their engagement with the public, according to Prendergast’s paper, “Drive and Wave,” which is named after the practice of nonengagement.\u003c/p>\n\u003cp>Arrests plummeted. The LAPD accepted a federal monitor from the U.S. Department of Justice in 2000 and nearly 90% of LAPD officers interviewed by the monitor in 2001 said a fear of discipline stopped them from “proactively” doing their jobs.\u003c/p>\n\u003cp>Then, the LAPD was handed a big win by, of all things, the federal monitor itself, which encouraged the department to clear up its backlog of complaints.\u003c/p>\n\u003cp>Prendergast found the police department’s solution in long-buried LAPD archives, a decision that was put out among the department’s employees but never publicized: The LAPD gave its commanding officers the power to dismiss complaints against their subordinates.\u003c/p>\n\u003cp>That meant complaints could be dismissed moments after they were filed by an officer’s superior.\u003c/p>\n\u003cp>As a result, sustained complaints fell dramatically, beginning in 2003, and penalties for sustained complaints were much more rare, Prendergast found.\u003c/p>\n\u003cp>From 2016 to 2020, the last year for which statistics are available, the LAPD sustained complaints at a rate of 5.2%, below the statewide average for that period.\u003c/p>\n\u003cp>“Disciplinary measures across the board became less likely,” Prendergast wrote, “even when an investigation ruled against the officer.”\u003c/p>\n\u003ch2 id=\"h-some-officers-just-tired\">Some officers 'just tired'\u003c/h2>\n\u003cp>Under California law, there are four outcomes for \u003ca href=\"https://calmatters.org/explainers/california-crime-numbers/\">a complaint against a police officer\u003c/a>:\u003c/p>\n\u003cp>— Complaints can be sustained, meaning the investigation proved the allegation to be true by a preponderance of evidence.\u003c/p>\n\u003cp>— An officer can be exonerated, meaning the officer did what was described, but that action didn’t violate department law or policy.\u003c/p>\n\u003cp>— Complaints can be ruled “unsustained,” meaning the investigation failed to clearly prove or disprove the allegation.\u003c/p>\n\u003cp>— Complaints can be determined “unfounded,” meaning the investigation clearly showed the allegation was untrue.\u003c/p>\n\u003cp>For much of the Oakland Police Department’s time under a federal monitor, most complaints were relegated to the “unfounded” bin, said John Burris, one of two lead plaintiff attorneys in the settlement agreement between the police department and the city following the Riders scandal.\u003c/p>\n\u003cp>But with increased civilian oversight since 2016, he said far fewer complaints were dismissed as unfounded.\u003c/p>\n\u003cp>Burris said cases dismissed as “unfounded” were the ones that bothered him the most.\u003c/p>\n\u003cp>“[Complainants are] not lying. I may not be able to prove it, but something happened,” Burris said, and noted that unfounded complaints also disappear from officers’ personnel files.\u003c/p>\n\u003cp>Today, when a complaint is filed, the Oakland police and the Civilian Police Review Agency launch parallel investigations. Each draws its own conclusions.\u003c/p>\n\u003cp>When there’s a difference of opinion, the question goes to another set of civilian monitors — the civilian Police Commission — which holds final authority on questions of officer misconduct.\u003c/p>\n\u003cp>Tyfahra Milele, chair of the commission, said she can empathize with officers who feel they are over-policed by their civilian overseers. She said that officers tell her they’re more afraid to engage residents because they’re worried about a complaint, which can tie up their promotions and damage their careers.\u003c/p>\n\u003cp>Since the recent police-related killings of Ahmaud Arbery in Atlanta, Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, “there’s much more of a vigilance around police and accountability,” Milele said. “Some officers are like, ‘OK, I’m gonna go to work and ride this wave. Some [officers say], this isn’t the role for me, all these other factors are making it difficult.’”\u003c/p>\n\u003cp>And then “we have some officers that are just tired,” she added.\u003c/p>\n\u003cp>Despite what Burris, the attorney, described as widespread opposition among the department’s rank and file to civilian oversight, it has resulted in a higher level of scrutiny of officer behavior, according to lawyers on both sides of the city’s 2003 negotiated settlement agreement.\u003c/p>\n\u003cp>Attorneys representing Allen, who originally brought the lawsuit in Oakland, expect the settlement agreement with the police department to end in 2023 or 2024.\u003c/p>\n\u003cp>A hearing before a U.S. District Court in San Francisco to determine the department’s progress is set for April 27.\u003c/p>\n\u003cp>“It’s taken a long time, but we’re finally getting traction,” said Burris. “Our hope is we’ll fundamentally ingrain things in the culture.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>He added, “It’s my worst nightmare about the case, that it’s all for naught. That it goes back to the way it was.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The man was screaming, but the beating didn’t stop.\u003c/p>\n\u003cp>It was June 27, 2000, and the Oakland Police Department’s vaunted gang task force was at work in West Oakland. The officers worked one of the most dangerous beats in one of the most violent parts of the city. They called themselves the Riders.\u003c/p>\n\u003cp>One member of the task force beat Delphine Allen on the soles of his feet with batons, according to trial testimony. Police pepper-sprayed him and drove him under a freeway overpass, where the beating continued, a rookie officer who witnessed the beating would later testify.\u003c/p>\n\u003cp>Allen called out for his mother, who lived nearby. “I thought they were going to kill me,” he said in court.\u003c/p>\n\u003cp>The rookie police officer who witnessed the assault on Allen filed a complaint in July 2000. The resulting scandal upended the department and touched off a massive overhaul in how the department judges its own officers’ conduct.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Today, Oakland has arguably become the state’s most watched police department, under the guise of both a federal monitor and strong civilian oversight. In this city of 435,000, civilians have the power to overrule the police department.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The direction that Oakland is taking is the inevitable path for a modern-day progressive police department,” said Oakland Mayor Libby Schaaf. “And so I believe that we’re on the front lines, we’re the vanguard of police reform.”\u003c/p>\n\u003cp>Statewide data helps tell that story. The Oakland Police Department \"sustains\" complaints against its officers at a rate higher than that of any other major law enforcement entity, except the state Department of Corrections and Rehabilitation, according to a CalMatters analysis of California Department of Justice data.\u003c/p>\n\u003cp>Complaints originate with citizens, or from the department’s internal affairs unit. \u003ca href=\"https://infogram.com/sustained-complaints-ratio-1hdw2jpkmelkj2l\">A sustained complaint\u003c/a> indicates the department believed the person who complained, and could discipline those officers involved.\u003c/p>\n\u003cp>Statewide, law enforcement agencies marked as sustained 7.6% of complaints against their officers from 2016 to 2020. In those years, the Oakland Police Department \"sustained\" complaints at an average rate of 11.3%, the data shows.\u003c/p>\n\u003cp>In 2018 and 2020, the department sustained more than 15.2% of complaints, double the state average.\u003c/p>\n\u003cp>“I think we’re doing a much more thorough evaluation,” said Oakland Police Chief LeRonne Armstrong. “I also think when you have a community with very low trust in law enforcement, it means that law enforcement has to make sure that they have legitimate and professional processes so we can build trust.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/9d7a218a-38b0-4d06-b912-8e91e348d2c0?src=embed\" title=\"Oakland Police sustained complaints\" width=\"800\" height=\"837\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The state's DOJ has collected the number of complaints and those sustained since 2016, the result of a bill that ordered agencies to establish a procedure to investigate complaints by the public against officers and publish the results.\u003c/p>\n\u003cp>The Oakland police complaint process is now handled by both its internal affairs division and a civilian panel that oversees the department.\u003c/p>\n\u003cp>And among the rank and file, there has been fallout.\u003c/p>\n\u003cp>Today, officers are leaving the department in higher numbers, from an average of about four per month late last year to 10 or 15 a month since then, according to Armstrong.\u003c/p>\n\u003cp>“We haven’t seen these type of numbers since I’ve been at the department, and that’s been over two decades,” he said. “When you work in a big city that’s under the microscope like Oakland, I’m sure that can be challenging to some officers.”\u003c/p>\n\u003cp>“I’ve been pushing the same message to officers, that you can’t escape the calls for reform,” he added. “No matter where you go, you’re going to see more community involvement, the community paying more attention to the actions of officers.”\u003c/p>\n\u003cp>The website \u003ca href=\"https://oaklandside.org/2022/03/09/police-officers-leaving-oakland-attrition-diversity/\">Oaklandside reported that\u003c/a>, in a sample of 30 exit interviews with Oakland police officers, half were leaving because of dissatisfaction with leadership at the police department or city, and seven cited “heavy discipline.” Others cited family reasons, low morale and better jobs, among other factors.\u003c/p>\n\u003cp>“I’ve been doing some exit interviews with officers that are choosing to go to other departments, and what I tell them is the Oakland way is going to be the American way any minute now,” Schaaf told CalMatters.\u003c/p>\n\u003ch2 id=\"h-the-oakland-riders-legacy\">The Oakland Riders' legacy\u003c/h2>\n\u003cp>Before the Oakland rookie police officer blew the whistle on the Riders, he was told that beating, kidnapping and planting drugs on people was simply how police work was done, he later testified in court.\u003c/p>\n\u003cp>At \u003ca href=\"https://www.sfgate.com/bayarea/article/OAKLAND-Riders-lied-brutalized-man-2629441.php\">trial in 2004\u003c/a>, the former rookie, Keith Batts, testified that he didn’t immediately report what he saw. He was new to the department and feared repercussions for reporting excessive use of force.\u003c/p>\n\u003cp>Three members of the Riders would eventually be fired, but juries would later acquit them of some criminal charges and deadlock on many others. A fourth member, Riders leader Frank Vazquez, fled the city in November 2000, and prosecutors have said they \u003ca href=\"https://www.eastbaytimes.com/2012/12/12/oakland-where-the-riders-are-today/\">believe he’s in hiding in Mexico\u003c/a>.\u003c/p>\n\u003cp>More than 100 people sued the police department in federal court. The cases were combined into a negotiated settlement agreement, in which the police department consented to reforms and accepted a federal monitoring team. The team would oversee dozens of proposed reforms at the department, especially concerning its use-of-force policy and the process by which complaints are treated.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The original monitoring team and its successor, appointed in 2010, have both praised and condemned the Oakland police for their conduct since 2003. But in the ensuing two decades, one fundamental change has made the biggest difference: Oakland residents have garnered a lot more power over their police department.\u003c/p>\n\u003cp>First, in \u003ca href=\"https://www.oaklandca.gov/resources/learn-more-about-measure-ll\">a 2016 ballot measure\u003c/a>, the city’s voters put the whole department under civilian oversight. Then, in 2020, the civilian police commission fired the city’s police chief.\u003c/p>\n\u003cp>In December, the city hired its first inspector general for the police department, a civilian position overseen by the civilian board.\u003c/p>\n\u003cp>Rocky Lucia, an attorney for the Oakland Police Officers’ Association and several other Bay Area police department unions, said the level of oversight in Oakland exceeds what he’s seen anywhere else.\u003c/p>\n\u003cp>“They pay a lot more attention to police conduct in Oakland,” Lucia said. “There’s more eyes on people. There’s policies, software programs, there’s resources committed. It’s more than I’ve ever seen anywhere else in the state.”\u003c/p>\n\u003cp>Lucia wonders if Oakland should be spending the amount of money it does on oversight, given \u003ca href=\"https://www.oaklandca.gov/news/2021/opd-addresses-a-challenging-year-in-crime-with-year-end-data\">rising crime rates\u003c/a> that began during the pandemic and the city’s \u003ca href=\"https://www.oaklandca.gov/news/2020/city-of-oakland-faces-possible-62m-shortfall#:~:text=The%20report%20shows%20that%20the,indicates%20this%20shortfall%20is%20widening.\">always-muddy financial situation\u003c/a>, only 18 months removed from a $62 million budget shortfall. But he also acknowledges that the department is identifying potentially problematic officers.\u003c/p>\n\u003cp>“They’re catching these things early,” Lucia said.\u003c/p>\n\u003ch2 id=\"h-a-tale-of-two-scandals\">A tale of two scandals\u003c/h2>\n\u003cp>Two years before the beating of Delphine Allen, a different and more infamous gang task force controversy erupted 350 miles south: the Los Angeles Police Department’s Rampart scandal.\u003c/p>\n\u003cp>The Community Resources Against Street Hoodlums — or CRASH — unit was to Los Angeles what the Riders were to Oakland: an elite group of cops on a special detail that made big busts in the LAPD’s Rampart Division.\u003c/p>\n\u003cp>CRASH unit officers also were accused of robbing a bank, stealing cocaine from the evidence room and replacing it with Bisquick, and \u003ca href=\"https://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal/cron.html\">beating a suspect until he vomited blood\u003c/a>.\u003c/p>\n\u003cp>As a result, in 1998 the LAPD instituted a new policy: Any complaints against an officer would trigger an investigation.\u003c/p>\n\u003cp>Complaints against officers piled up, major crimes arrests dropped, and officers started to complain that the system treated them unfairly.\u003c/p>\n\u003cp>“Complaints against officers soared,” wrote University of Chicago economics professor Canice Prendergast in \u003ca href=\"https://bfi.uchicago.edu/insight/research-summary/drive-and-wave-the-response-to-lapd-police-reforms-after-rampart/\">a 2021 paper analyzing the scandal’s fallout\u003c/a>. “These were sustained at high rates, resulting in suspensions, resignations and terminations at levels far higher than before.”\u003c/p>\n\u003cp>Any complaint tied up officers’ promotions and transfers. Prendergast found that the level of sustained complaints was even more damaging to police morale.\u003c/p>\n\u003cp>In response, the officers radically reduced their engagement with the public, according to Prendergast’s paper, “Drive and Wave,” which is named after the practice of nonengagement.\u003c/p>\n\u003cp>Arrests plummeted. The LAPD accepted a federal monitor from the U.S. Department of Justice in 2000 and nearly 90% of LAPD officers interviewed by the monitor in 2001 said a fear of discipline stopped them from “proactively” doing their jobs.\u003c/p>\n\u003cp>Then, the LAPD was handed a big win by, of all things, the federal monitor itself, which encouraged the department to clear up its backlog of complaints.\u003c/p>\n\u003cp>Prendergast found the police department’s solution in long-buried LAPD archives, a decision that was put out among the department’s employees but never publicized: The LAPD gave its commanding officers the power to dismiss complaints against their subordinates.\u003c/p>\n\u003cp>That meant complaints could be dismissed moments after they were filed by an officer’s superior.\u003c/p>\n\u003cp>As a result, sustained complaints fell dramatically, beginning in 2003, and penalties for sustained complaints were much more rare, Prendergast found.\u003c/p>\n\u003cp>From 2016 to 2020, the last year for which statistics are available, the LAPD sustained complaints at a rate of 5.2%, below the statewide average for that period.\u003c/p>\n\u003cp>“Disciplinary measures across the board became less likely,” Prendergast wrote, “even when an investigation ruled against the officer.”\u003c/p>\n\u003ch2 id=\"h-some-officers-just-tired\">Some officers 'just tired'\u003c/h2>\n\u003cp>Under California law, there are four outcomes for \u003ca href=\"https://calmatters.org/explainers/california-crime-numbers/\">a complaint against a police officer\u003c/a>:\u003c/p>\n\u003cp>— Complaints can be sustained, meaning the investigation proved the allegation to be true by a preponderance of evidence.\u003c/p>\n\u003cp>— An officer can be exonerated, meaning the officer did what was described, but that action didn’t violate department law or policy.\u003c/p>\n\u003cp>— Complaints can be ruled “unsustained,” meaning the investigation failed to clearly prove or disprove the allegation.\u003c/p>\n\u003cp>— Complaints can be determined “unfounded,” meaning the investigation clearly showed the allegation was untrue.\u003c/p>\n\u003cp>For much of the Oakland Police Department’s time under a federal monitor, most complaints were relegated to the “unfounded” bin, said John Burris, one of two lead plaintiff attorneys in the settlement agreement between the police department and the city following the Riders scandal.\u003c/p>\n\u003cp>But with increased civilian oversight since 2016, he said far fewer complaints were dismissed as unfounded.\u003c/p>\n\u003cp>Burris said cases dismissed as “unfounded” were the ones that bothered him the most.\u003c/p>\n\u003cp>“[Complainants are] not lying. I may not be able to prove it, but something happened,” Burris said, and noted that unfounded complaints also disappear from officers’ personnel files.\u003c/p>\n\u003cp>Today, when a complaint is filed, the Oakland police and the Civilian Police Review Agency launch parallel investigations. Each draws its own conclusions.\u003c/p>\n\u003cp>When there’s a difference of opinion, the question goes to another set of civilian monitors — the civilian Police Commission — which holds final authority on questions of officer misconduct.\u003c/p>\n\u003cp>Tyfahra Milele, chair of the commission, said she can empathize with officers who feel they are over-policed by their civilian overseers. She said that officers tell her they’re more afraid to engage residents because they’re worried about a complaint, which can tie up their promotions and damage their careers.\u003c/p>\n\u003cp>Since the recent police-related killings of Ahmaud Arbery in Atlanta, Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, “there’s much more of a vigilance around police and accountability,” Milele said. “Some officers are like, ‘OK, I’m gonna go to work and ride this wave. Some [officers say], this isn’t the role for me, all these other factors are making it difficult.’”\u003c/p>\n\u003cp>And then “we have some officers that are just tired,” she added.\u003c/p>\n\u003cp>Despite what Burris, the attorney, described as widespread opposition among the department’s rank and file to civilian oversight, it has resulted in a higher level of scrutiny of officer behavior, according to lawyers on both sides of the city’s 2003 negotiated settlement agreement.\u003c/p>\n\u003cp>Attorneys representing Allen, who originally brought the lawsuit in Oakland, expect the settlement agreement with the police department to end in 2023 or 2024.\u003c/p>\n\u003cp>A hearing before a U.S. District Court in San Francisco to determine the department’s progress is set for April 27.\u003c/p>\n\u003cp>“It’s taken a long time, but we’re finally getting traction,” said Burris. “Our hope is we’ll fundamentally ingrain things in the culture.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He added, “It’s my worst nightmare about the case, that it’s all for naught. That it goes back to the way it was.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Chauncey Bailey's Legacy Lives On in Downtown Oakland",
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"content": "\u003cp data-reader-unique-id=\"4\">The subscriber to The Hayward Daily Review used a racist slur to complain about the Black child delivering his newspaper. The circulation manager told the man that if he wanted to keep getting the paper, he should get used to his new carrier.\u003c/p>\n\u003cp data-reader-unique-id=\"5\">Later, the manager pulled the tall, skinny paperboy aside and told him the caller didn’t like him, or anyone like him. He told him the vile word the man used. It was the early 1960s and no one was yet substituting “the N-word” for it.\u003c/p>\n\u003cp data-reader-unique-id=\"6\">The paperboy, whose name was Chauncey Bailey, didn’t say anything, his younger half-brother, Mark Cooley, who witnessed the scene, told me in 2010. But as they walked home, Bailey told Cooley that if the subscriber “doesn’t like a little [N-word] delivering his paper, wait until one’s writing for it.”\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp dir=\"ltr\" lang=\"en\">\u003ca href=\"https://twitter.com/hashtag/TodayInOaklandHistory?src=hash&ref_src=twsrc%5Etfw\">#TodayInOaklandHistory\u003c/a> August 2, 2007, journalist Chauncey Bailey was gunned down on 14th St. by members of Your Black Muslim Bakery, while on his way to work at the Oakland Post. \u003ca href=\"https://t.co/erIsXwSbnJ\">https://t.co/erIsXwSbnJ\u003c/a> \u003ca href=\"https://twitter.com/hashtag/LegendaryLocal?src=hash&ref_src=twsrc%5Etfw\">#LegendaryLocal\u003c/a> \u003ca href=\"https://t.co/8SNwqqk61N\">pic.twitter.com/8SNwqqk61N\u003c/a>\u003c/p>\n\u003cp>— Gene - Our Oakland (@DIYGene) \u003ca href=\"https://twitter.com/DIYGene/status/1289990097916448768?ref_src=twsrc%5Etfw\">August 2, 2020\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>Bailey was 12 or 13. He’d figured out his life’s path: journalism. He would stay on it literally until his last step. On Aug. 2, 2007, as he walked to his job as editor of The Oakland Post, a masked assassin ran up on Bailey and shot him three times at point-blank range with a shotgun. Bailey was 58. The killer later admitted that the leader of a Black Muslim cult he belonged to had ordered the hit after learning Bailey was working on a story about him.\u003c/p>\n\u003cp data-reader-unique-id=\"15\">Within days, Northern California journalists formed the \u003ca href=\"https://chaunceybaileyproject.org/\" target=\"_blank\" rel=\"noopener noreferrer\" data-reader-unique-id=\"16\">Chauncey Bailey Project\u003c/a>, a collaborative effort to finish Bailey’s work. We modeled it on a similar effort in 1976 after Arizona Republic investigative reporter \u003ca href=\"http://www.thestacksreader.com/the-death-of-a-reporter-who-knew-too-much/\" target=\"_blank\" rel=\"noopener noreferrer\" data-reader-unique-id=\"17\">Don Bolles\u003c/a> died in a car bombing. Reporters from around the country flocked to Phoenix to send a simple message: You can’t kill a story by killing a journalist.\u003c/p>\n\u003cp data-reader-unique-id=\"18\">We carried the same banner in Oakland. I worked as the Bailey project’s lead investigative reporter for four years, through the trial and conviction of his killers, and wrote a book about the case, “Killing the Messenger.”\u003c/p>\n\u003cp>[aside postID=\"trulyca_77\" label=\"Related Post\"]\u003c/p>\n\u003cp data-reader-unique-id=\"19\">Last month, Oakland renamed the portion of 14th Street — ironically, the location of EdSource’s office — where Bailey was walking that fateful morning as Chauncey Bailey Way in his honor, after years of pushing by his family and journalists. During a ceremony that was both tearful and joyous, much was said about the First Amendment, Bailey’s heinous murder and his lifelong commitment to public service.\u003c/p>\n\u003cp data-reader-unique-id=\"27\">The backstory about Bailey, though, is one about a young Black man who educated himself to a place of prominence in his profession and then used that profession to educate and inform others.\u003c/p>\n\u003cp data-reader-unique-id=\"28\">It began in the Hayward High School library in southern Alameda County. Bailey had a bad childhood stutter, and the library quickly became his place of solace, one where he lost himself in books and acquired a lifelong obsession with reading. In 2011, \u003ca href=\"https://chaunceybaileyproject.org/2011/02/26/mural-for-slain-journalist-chauncey-bailey-unveiled-at-his-alma-mater-hayward-high/\" target=\"_blank\" rel=\"noopener noreferrer\" data-reader-unique-id=\"29\">a mural featuring two images of Bailey\u003c/a> was painted on the library’s exterior wall by then-student Jamil Holmes, where it remains.\u003c/p>\n\u003cp data-reader-unique-id=\"30\">As he read and simply lived as a Black teenager, Bailey became keenly aware of his people’s struggles. His parents had bought a home in Hayward that wasn’t subject to restrictive deed covenants that kept California neighborhoods segregated in the 1950s. But shortly after they moved in, racists burned a cross on their lawn. Bailey and his siblings were forbidden from playing outside when their parents weren’t home.\u003c/p>\n\u003cp data-reader-unique-id=\"31\">The television brought him images of the carnage of the civil rights struggle in the South, Bull Connor’s water cannons and German shepherds, marchers on the Edmund Pettus Bridge in Selma, dead little girls in a Birmingham church.\u003c/p>\n\u003cp data-reader-unique-id=\"32\">What Bailey could contribute to the fight were words. He enrolled in Oakland’s Merritt College after graduating from high school in 1966. It was five years after Merritt community college students Huey Newton and Bobby Seale formed the Black Panthers. Bailey came close to joining the Panthers himself but instead transferred to San José State’s journalism program. He graduated in 1972.\u003c/p>\n\u003cp data-reader-unique-id=\"33\">The Black Power movement still appealed to Bailey. He nearly became a reporter for the Panthers’ newspaper. But one of his professors urged him to think bigger. Go integrate a big-city newspaper, the professor suggested.\u003c/p>\n\u003cp data-reader-unique-id=\"34\">If Bailey was going to achieve the professor’s challenge, he would need to prove himself at a smaller publication first. He landed a reporting job at The Sun-Reporter, San Francisco’s Black weekly newspaper. There, in the turbulent late '60s and early 1970s, Bailey cut his teeth.\u003c/p>\n\u003cp data-reader-unique-id=\"35\">From there he enrolled in a Columbia University summer program for journalists of color. He stood out and was hired at The Hartford Courant, then a feeder paper to the major metropolitan dailies where he yearned to work.\u003c/p>\n\u003cp data-reader-unique-id=\"36\">Hartford couldn’t hold Bailey for long. But Detroit could. Hired by The Detroit News to cover city hall and African American affairs, he achieved what he dreamed of as a youth. No longer hampered by a stutter, he became known as a relentless and prodigious reporter. He saw stories everywhere, especially ones about Black entrepreneurs, teachers and students.\u003c/p>\n\u003cp data-reader-unique-id=\"37\">Literacy mattered greatly to Bailey. His ex-wife, Robin Hardin, told me their apartment overflowed with magazines and books. Bailey often got around Detroit by bus. Hardin said it distressed him to see people sitting in their seats, not reading anything. He knew that only through being informed could Black people overcome poverty and systemic racism.\u003c/p>\n\u003cp data-reader-unique-id=\"38\">So, he started dropping a quarter in newspaper boxes at bus stops and grabbing a stack of papers. He’d then walk through the bus handing them out to riders. “Here, have a newspaper,” he’d say. “Here, read the paper.” Words, Hardin said, “meant so much to Chauncey.”\u003c/p>\n\u003cp data-reader-unique-id=\"39\">Hardin had two young nieces who came to live with the couple. When the children were in elementary school, Bailey went to their principal and proposed starting a school newspaper. He told Hardin that kids who didn’t like to read, or who had nothing to read at home, would at least read stories their friends wrote. He enforced deadlines, laid out the paper and printed copies. The publication proved a great success.\u003c/p>\n\u003cp data-reader-unique-id=\"40\">Eventually, Bailey grew tired of Detroit’s long winters and yearned for California sunshine. He moved to The Oakland Tribune in 1993, where he kept writing multiple stories a day about all aspects of Black life.\u003c/p>\n\u003cp data-reader-unique-id=\"41\">He wrote frequently about a business called Your Black Muslim Bakery run by a former hairdresser named Joseph Stephens who’d reinvented himself as a religious prophet, calling himself Dr. Yusuf Bey. Outwardly, Bey promoted Black self-determination through enterprise. Inwardly, his organization was a cult and criminal organization. He fathered more than 40 children, some with girls as young as 13. Children were kept from school, forced to work and attend classes where they were taught that white people and Jews were devils, and that Black people were superior beings and would soon conquer the earth in an Armageddon-like war started by a giant spaceship called “the mother plane” that orbited the planet.\u003c/p>\n\u003cp data-reader-unique-id=\"42\">Bey even ran unsuccessfully for Oakland mayor in 1994, a race Bailey covered. Bey died in 2004 while facing multiple charges of child rape. Bailey covered the court proceedings, which led to confrontations with Bey’s followers, who considered Bey God-like and religiously justified to impregnate children.\u003c/p>\n\u003cp data-reader-unique-id=\"43\">Bey’s son Yusuf Bey IV (Bey named five sons after himself) eventually took over the bakery.\u003c/p>\n\u003cp data-reader-unique-id=\"44\">Bailey was fired by the Tribune in 2007 for multiple ethical lapses. He threatened to write negative stories about the state Department of Motor Vehicles after it declined to intervene in a dispute between Bailey and a man who had bought a car from him. He also wrote a story about a business owned by a woman he was dating without first consulting editors.\u003c/p>\n\u003cp data-reader-unique-id=\"45\">He was quickly named editor of The Oakland Post, the city’s Black weekly paper. He had been at the Post for only a few weeks when he began working on a story about Yusuf Bey IV running the bakery into bankruptcy. A source for that story came to the paper to see Bailey. A woman who worked at the paper also had once worked for the Beys. She made a call, and word filtered back to Bey IV, who thought he could kill the story by killing the reporter.\u003c/p>\n\u003cp data-reader-unique-id=\"46\">Instead, eventually convicted of ordering the hit on Bailey and ordering followers to kill two other men unrelated to Bailey’s slaying, he put himself in prison for life with no chance of parole.\u003c/p>\n\u003cp data-reader-unique-id=\"47\">But he also robbed the world of the light that was Chauncey Bailey, the reporter who showed up at school events and school board meetings, who understood the importance of high school libraries, community colleges and state universities because he’d navigated those places himself. The reporter who started an elementary school newspaper. The kid who, when he was slurred by a racist, made a plan and found his path in life.\u003c/p>\n\u003cp data-reader-unique-id=\"48\">Fifteen years later, hardly anyone knows Bey’s name.\u003c/p>\n\u003cp data-reader-unique-id=\"49\">In Oakland, you can now see Bailey’s on street signs.\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 data-reader-unique-id=\"4\">The subscriber to The Hayward Daily Review used a racist slur to complain about the Black child delivering his newspaper. The circulation manager told the man that if he wanted to keep getting the paper, he should get used to his new carrier.\u003c/p>\n\u003cp data-reader-unique-id=\"5\">Later, the manager pulled the tall, skinny paperboy aside and told him the caller didn’t like him, or anyone like him. He told him the vile word the man used. It was the early 1960s and no one was yet substituting “the N-word” for it.\u003c/p>\n\u003cp data-reader-unique-id=\"6\">The paperboy, whose name was Chauncey Bailey, didn’t say anything, his younger half-brother, Mark Cooley, who witnessed the scene, told me in 2010. But as they walked home, Bailey told Cooley that if the subscriber “doesn’t like a little [N-word] delivering his paper, wait until one’s writing for it.”\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\n\u003cp dir=\"ltr\" lang=\"en\">\u003ca href=\"https://twitter.com/hashtag/TodayInOaklandHistory?src=hash&ref_src=twsrc%5Etfw\">#TodayInOaklandHistory\u003c/a> August 2, 2007, journalist Chauncey Bailey was gunned down on 14th St. by members of Your Black Muslim Bakery, while on his way to work at the Oakland Post. \u003ca href=\"https://t.co/erIsXwSbnJ\">https://t.co/erIsXwSbnJ\u003c/a> \u003ca href=\"https://twitter.com/hashtag/LegendaryLocal?src=hash&ref_src=twsrc%5Etfw\">#LegendaryLocal\u003c/a> \u003ca href=\"https://t.co/8SNwqqk61N\">pic.twitter.com/8SNwqqk61N\u003c/a>\u003c/p>\n\u003cp>— Gene - Our Oakland (@DIYGene) \u003ca href=\"https://twitter.com/DIYGene/status/1289990097916448768?ref_src=twsrc%5Etfw\">August 2, 2020\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>Bailey was 12 or 13. He’d figured out his life’s path: journalism. He would stay on it literally until his last step. On Aug. 2, 2007, as he walked to his job as editor of The Oakland Post, a masked assassin ran up on Bailey and shot him three times at point-blank range with a shotgun. Bailey was 58. The killer later admitted that the leader of a Black Muslim cult he belonged to had ordered the hit after learning Bailey was working on a story about him.\u003c/p>\n\u003cp data-reader-unique-id=\"15\">Within days, Northern California journalists formed the \u003ca href=\"https://chaunceybaileyproject.org/\" target=\"_blank\" rel=\"noopener noreferrer\" data-reader-unique-id=\"16\">Chauncey Bailey Project\u003c/a>, a collaborative effort to finish Bailey’s work. We modeled it on a similar effort in 1976 after Arizona Republic investigative reporter \u003ca href=\"http://www.thestacksreader.com/the-death-of-a-reporter-who-knew-too-much/\" target=\"_blank\" rel=\"noopener noreferrer\" data-reader-unique-id=\"17\">Don Bolles\u003c/a> died in a car bombing. Reporters from around the country flocked to Phoenix to send a simple message: You can’t kill a story by killing a journalist.\u003c/p>\n\u003cp data-reader-unique-id=\"18\">We carried the same banner in Oakland. I worked as the Bailey project’s lead investigative reporter for four years, through the trial and conviction of his killers, and wrote a book about the case, “Killing the Messenger.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp data-reader-unique-id=\"19\">Last month, Oakland renamed the portion of 14th Street — ironically, the location of EdSource’s office — where Bailey was walking that fateful morning as Chauncey Bailey Way in his honor, after years of pushing by his family and journalists. During a ceremony that was both tearful and joyous, much was said about the First Amendment, Bailey’s heinous murder and his lifelong commitment to public service.\u003c/p>\n\u003cp data-reader-unique-id=\"27\">The backstory about Bailey, though, is one about a young Black man who educated himself to a place of prominence in his profession and then used that profession to educate and inform others.\u003c/p>\n\u003cp data-reader-unique-id=\"28\">It began in the Hayward High School library in southern Alameda County. Bailey had a bad childhood stutter, and the library quickly became his place of solace, one where he lost himself in books and acquired a lifelong obsession with reading. In 2011, \u003ca href=\"https://chaunceybaileyproject.org/2011/02/26/mural-for-slain-journalist-chauncey-bailey-unveiled-at-his-alma-mater-hayward-high/\" target=\"_blank\" rel=\"noopener noreferrer\" data-reader-unique-id=\"29\">a mural featuring two images of Bailey\u003c/a> was painted on the library’s exterior wall by then-student Jamil Holmes, where it remains.\u003c/p>\n\u003cp data-reader-unique-id=\"30\">As he read and simply lived as a Black teenager, Bailey became keenly aware of his people’s struggles. His parents had bought a home in Hayward that wasn’t subject to restrictive deed covenants that kept California neighborhoods segregated in the 1950s. But shortly after they moved in, racists burned a cross on their lawn. Bailey and his siblings were forbidden from playing outside when their parents weren’t home.\u003c/p>\n\u003cp data-reader-unique-id=\"31\">The television brought him images of the carnage of the civil rights struggle in the South, Bull Connor’s water cannons and German shepherds, marchers on the Edmund Pettus Bridge in Selma, dead little girls in a Birmingham church.\u003c/p>\n\u003cp data-reader-unique-id=\"32\">What Bailey could contribute to the fight were words. He enrolled in Oakland’s Merritt College after graduating from high school in 1966. It was five years after Merritt community college students Huey Newton and Bobby Seale formed the Black Panthers. Bailey came close to joining the Panthers himself but instead transferred to San José State’s journalism program. He graduated in 1972.\u003c/p>\n\u003cp data-reader-unique-id=\"33\">The Black Power movement still appealed to Bailey. He nearly became a reporter for the Panthers’ newspaper. But one of his professors urged him to think bigger. Go integrate a big-city newspaper, the professor suggested.\u003c/p>\n\u003cp data-reader-unique-id=\"34\">If Bailey was going to achieve the professor’s challenge, he would need to prove himself at a smaller publication first. He landed a reporting job at The Sun-Reporter, San Francisco’s Black weekly newspaper. There, in the turbulent late '60s and early 1970s, Bailey cut his teeth.\u003c/p>\n\u003cp data-reader-unique-id=\"35\">From there he enrolled in a Columbia University summer program for journalists of color. He stood out and was hired at The Hartford Courant, then a feeder paper to the major metropolitan dailies where he yearned to work.\u003c/p>\n\u003cp data-reader-unique-id=\"36\">Hartford couldn’t hold Bailey for long. But Detroit could. Hired by The Detroit News to cover city hall and African American affairs, he achieved what he dreamed of as a youth. No longer hampered by a stutter, he became known as a relentless and prodigious reporter. He saw stories everywhere, especially ones about Black entrepreneurs, teachers and students.\u003c/p>\n\u003cp data-reader-unique-id=\"37\">Literacy mattered greatly to Bailey. His ex-wife, Robin Hardin, told me their apartment overflowed with magazines and books. Bailey often got around Detroit by bus. Hardin said it distressed him to see people sitting in their seats, not reading anything. He knew that only through being informed could Black people overcome poverty and systemic racism.\u003c/p>\n\u003cp data-reader-unique-id=\"38\">So, he started dropping a quarter in newspaper boxes at bus stops and grabbing a stack of papers. He’d then walk through the bus handing them out to riders. “Here, have a newspaper,” he’d say. “Here, read the paper.” Words, Hardin said, “meant so much to Chauncey.”\u003c/p>\n\u003cp data-reader-unique-id=\"39\">Hardin had two young nieces who came to live with the couple. When the children were in elementary school, Bailey went to their principal and proposed starting a school newspaper. He told Hardin that kids who didn’t like to read, or who had nothing to read at home, would at least read stories their friends wrote. He enforced deadlines, laid out the paper and printed copies. The publication proved a great success.\u003c/p>\n\u003cp data-reader-unique-id=\"40\">Eventually, Bailey grew tired of Detroit’s long winters and yearned for California sunshine. He moved to The Oakland Tribune in 1993, where he kept writing multiple stories a day about all aspects of Black life.\u003c/p>\n\u003cp data-reader-unique-id=\"41\">He wrote frequently about a business called Your Black Muslim Bakery run by a former hairdresser named Joseph Stephens who’d reinvented himself as a religious prophet, calling himself Dr. Yusuf Bey. Outwardly, Bey promoted Black self-determination through enterprise. Inwardly, his organization was a cult and criminal organization. He fathered more than 40 children, some with girls as young as 13. Children were kept from school, forced to work and attend classes where they were taught that white people and Jews were devils, and that Black people were superior beings and would soon conquer the earth in an Armageddon-like war started by a giant spaceship called “the mother plane” that orbited the planet.\u003c/p>\n\u003cp data-reader-unique-id=\"42\">Bey even ran unsuccessfully for Oakland mayor in 1994, a race Bailey covered. Bey died in 2004 while facing multiple charges of child rape. Bailey covered the court proceedings, which led to confrontations with Bey’s followers, who considered Bey God-like and religiously justified to impregnate children.\u003c/p>\n\u003cp data-reader-unique-id=\"43\">Bey’s son Yusuf Bey IV (Bey named five sons after himself) eventually took over the bakery.\u003c/p>\n\u003cp data-reader-unique-id=\"44\">Bailey was fired by the Tribune in 2007 for multiple ethical lapses. He threatened to write negative stories about the state Department of Motor Vehicles after it declined to intervene in a dispute between Bailey and a man who had bought a car from him. He also wrote a story about a business owned by a woman he was dating without first consulting editors.\u003c/p>\n\u003cp data-reader-unique-id=\"45\">He was quickly named editor of The Oakland Post, the city’s Black weekly paper. He had been at the Post for only a few weeks when he began working on a story about Yusuf Bey IV running the bakery into bankruptcy. A source for that story came to the paper to see Bailey. A woman who worked at the paper also had once worked for the Beys. She made a call, and word filtered back to Bey IV, who thought he could kill the story by killing the reporter.\u003c/p>\n\u003cp data-reader-unique-id=\"46\">Instead, eventually convicted of ordering the hit on Bailey and ordering followers to kill two other men unrelated to Bailey’s slaying, he put himself in prison for life with no chance of parole.\u003c/p>\n\u003cp data-reader-unique-id=\"47\">But he also robbed the world of the light that was Chauncey Bailey, the reporter who showed up at school events and school board meetings, who understood the importance of high school libraries, community colleges and state universities because he’d navigated those places himself. The reporter who started an elementary school newspaper. The kid who, when he was slurred by a racist, made a plan and found his path in life.\u003c/p>\n\u003cp data-reader-unique-id=\"48\">Fifteen years later, hardly anyone knows Bey’s name.\u003c/p>\n\u003cp data-reader-unique-id=\"49\">In Oakland, you can now see Bailey’s on street signs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/reparations\" target=\"_blank\" rel=\"noopener noreferrer\">Reparations in California\u003c/a> is a series of KQED stories exploring the road to racial equity in the state.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated 1:55 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>At a contentious meeting Tuesday, California’s Reparations Task Force decided who would qualify for reparations under any proposals the committee recommends.\u003c/p>\n\u003cp>The broad question the task force was considering: Should reparations be only for descendants of people enslaved in the United States or should reparations be extended to any Black person in the state?\u003c/p>\n\u003cp>After hours of debate, the nine-member task force voted 5-4 in favor of lineage-based reparations — a decision that has the potential to set precedent and affect other local, state and federal plans for reparations.\u003c/p>\n\u003cp>[aside label=\"Reparations in California\" link1=\"https://www.kqed.org/reparations,Explore why California launched the first-in-the-nation task force to study reparations for Black people\" hero=\"https://ww2.kqed.org/app/uploads/2022/02/RiCLandingPageGraphic-1020x574.png\"]“I move that we define the community of eligibility based on lineage determined by an individual being an African American descendant of a chattel-enslaved person or the descendant of a free Black person living in the United States prior to the end of the 19th century,” said task force member Jovan Scott Lewis, chair of UC Berkeley’s geography department, introducing the motion on Tuesday.\u003c/p>\n\u003cp>Task force Chair Kamilah Moore, who voted in favor of the motion, worried that making eligibility race-based would create fissures in the Black community.\u003c/p>\n\u003cp>“Under international law, reparations … is supposed to be a victim-led process and a victim-oriented process,” Moore said at Tuesday’s meeting. “So … with a race-based approach [to reparations eligibility], that is going to aggrieve the victims of the institution of slavery, which are the direct descendants of the enslaved people in the United States.”\u003c/p>\n\u003cp>Task force member Cheryl Grills, who did not support the motion, said lineage-based reparations fail to encompass the full harms of enslavement.\u003c/p>\n\u003cp>“Providing reparations only for those who can prove their descendants from enslaved Africans is yet another win for white supremacy because it dismisses and devalues the harms done to African descendants not enslaved here, but who were injured by slavery due to their blackness once they entered the shores of America,” Grills said.\u003c/p>\n\u003cp>https://twitter.com/lakitalki/status/1508832379971915785?s=20&t=8HyAz5R5Oou9o9kU65Rv9A\u003c/p>\n\u003ch2>Eligibility question has loomed for months\u003c/h2>\n\u003cp>The question of eligibility has loomed over the first-in-the-nation statewide task force since it began meeting in June. The topic also dominated meetings in February, when the task force tabled a decision until taking it up again this month.\u003c/p>\n\u003cp>One point of contention: Cash payments are expected to be one part of the reparations proposals, but there are a limited amount of financial resources. The eligibility discussion also has raised questions about lineage.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Cheryl Grills, task force member\"]‘If you can’t trace your family ancestry to enslaved Africans, what does that mean, for example, for scores of Black children in the child welfare system who probably can’t trace anything back more than a generation?’[/pullquote]During the January meeting, Secretary of State Shirley Weber — who, while a state legislator, authored AB 3121, the bill that established the task force — shared her intention.\u003c/p>\n\u003cp>“It’s an issue not about being Black. It’s an issue of descendants and lineage,” Weber said. “There will be many Black people who do not deserve reparations, but there will be many whose lineage clearly says very strongly that they deserve to have reparations.”\u003c/p>\n\u003cp>In the February meeting, Moore reminded the task force of the story of \u003ca href=\"https://www.youtube.com/watch?v=BMUdKpDk8Yg\">Lawrence Lucas\u003c/a>, one of the leaders of the \u003ca href=\"https://justiceforblackfarmers.com/\">USDA Coalition of Minority Employees\u003c/a>, an organization advocating for Black farmers, who testified in October. Many Black farmers, who expected to receive pandemic aid allocated in the American Rescue Plan, have been \u003ca href=\"https://www.nytimes.com/2022/02/21/us/politics/black-farmers-debt-relief.html\">blocked by lawsuits from white farmers\u003c/a> who questioned whether the government could use race to give preferential debt relief.\u003c/p>\n\u003cp>“They know the land by virtue of them being the descendants of the enslaved,” said Moore, who used the example to argue lineage-based reparations. “Despite that agricultural knowledge that was passed onto them, they’re being refused aid.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jovan Scott Lewis echoed Moore’s sentiments on the importance of centering descendants of the enslaved.\u003c/p>\n\u003cp>“The idea here is that we are identifying a kind of central group that has been integral to the development of the United States, who have remained the reference for the abuse suffered by Black people,” he said at the February meeting.\u003c/p>\n\u003cp>Other members spoke of their own personal experience as a way to advocate for an expanded group who could receive reparations — those with lived experience of anti-Black racism, which is, potentially, all Black people in the state.\u003c/p>\n\u003cp>Task force member Lisa Holder, a Los Angeles-based lawyer, shared a personal story of losing her baby nearly 14 years ago during delivery. She recalled telling her doctors that something was wrong, but having her pleas be ignored.\u003c/p>\n\u003cp>“I believe I was ignored because I was a young Black woman,” Holder said, emphasizing that when at a hospital or applying for a loan at a bank, people are focused on skin color, not lineage. “No one asked me if my ancestors were enslaved in the United States. All they saw was my black skin.”\u003c/p>\n\u003cp>Cheryl Grills wondered how easy it would be to determine lineage, and whether the task force would be excluding people who can’t establish their lineage.\u003c/p>\n\u003cp>“If you can’t trace your family ancestry to enslaved Africans, what does that mean, for example, for scores of Black children in the child welfare system who probably can’t trace anything back more than a generation?” said Grills, a Loyola Marymount University professor who focuses on racial stress and trauma as well as implicit bias and community healing, at the February meeting.\u003c/p>\n\u003cp>[aside label='More Reparations Coverage' tag='california-reparations']Hollis Gentry, a genealogy specialist at the National Museum of African American History and Culture Library, said information is sometimes relatively quick to find, while other times it can take a very long time. Gentry began looking at her own family history in 1976 and is still uncovering connections today.\u003c/p>\n\u003cp>“The eligibility criteria is going to determine how you approach it,” she said. “If you’re looking at a solely lineage-based approach where they have to establish that they do, in fact, descend from someone who was enslaved, that’s going to require a lot of research.\u003c/p>\n\u003cp>“It’s not impossible.”\u003c/p>\n\u003cp>“From Here to Equality: Reparations for Black Americans in the Twenty-First Century,” a book by A. Kirsten Mullen and William A. Darity Jr., is frequently mentioned in task force meetings. The book suggests that requirements for reparations on the federal level include two aspects of eligibility: tracing an ancestor back to chattel slavery, and self-identifying as Black Negro or African American on the census for 10 to 12 years prior to the reparations program going into effect.\u003c/p>\n\u003cp>“Their two-pronged system is very simplistic, in my view,” said Khansa T. Jones-Muhammad, co-chair for the National Assembly of American Slavery Descendants. Instead, she would like to have a system that acknowledges the harms caused by certain laws.\u003c/p>\n\u003cp>“Were your ancestors subject to the three-fifths compromise at the United States Constitutional Convention of 1787?” Jones-Muhammad asked. “Were your ancestors subject to the Casual Killing Act or fugitive slave law? Were your ancestors subject to convict leasing and Jim Crow laws? Were they subject to the Great Migration?”\u003c/p>\n\u003cp>The National Assembly of American Slavery Descendants and the Coalition for a Just and Equitable California, two organizations Jones-Muhammad has worked with, helped Weber with the language in the bill.\u003c/p>\n\u003cp>In February the members seemed to agree there should be a special consideration for descendants of chattel slavery, as outlined in the bill, but appeared hesitant to make a definitive decision because of the potential impact on other reparations legislation, including HR 40, the federal reparations bill.\u003c/p>\n\u003cp>The debate has repeatedly circled back to who would be eligible to receive cash payments. It’s uncertain how much money would be needed for such an endeavor. The task force has hired a team of economists to make calculations.\u003c/p>\n\u003cp>Others have suggested different forms of compensation, such as tax breaks, grant aid and tuition waivers for students. Task force member Reggie Jones-Sawyer, a state Assemblymember, felt the committee should be having more expansive discussions.\u003c/p>\n\u003cp>“We’re talking about who’s getting the money,” he said. “We should be talking about how we’re going to take care of our people from this day forward. And how are we going to reverse all the harm? That should be the central question. We’re spending the money before we got it.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/reparations\" target=\"_blank\" rel=\"noopener noreferrer\">Reparations in California\u003c/a> is a series of KQED stories exploring the road to racial equity in the state.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated 1:55 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>At a contentious meeting Tuesday, California’s Reparations Task Force decided who would qualify for reparations under any proposals the committee recommends.\u003c/p>\n\u003cp>The broad question the task force was considering: Should reparations be only for descendants of people enslaved in the United States or should reparations be extended to any Black person in the state?\u003c/p>\n\u003cp>After hours of debate, the nine-member task force voted 5-4 in favor of lineage-based reparations — a decision that has the potential to set precedent and affect other local, state and federal plans for reparations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I move that we define the community of eligibility based on lineage determined by an individual being an African American descendant of a chattel-enslaved person or the descendant of a free Black person living in the United States prior to the end of the 19th century,” said task force member Jovan Scott Lewis, chair of UC Berkeley’s geography department, introducing the motion on Tuesday.\u003c/p>\n\u003cp>Task force Chair Kamilah Moore, who voted in favor of the motion, worried that making eligibility race-based would create fissures in the Black community.\u003c/p>\n\u003cp>“Under international law, reparations … is supposed to be a victim-led process and a victim-oriented process,” Moore said at Tuesday’s meeting. “So … with a race-based approach [to reparations eligibility], that is going to aggrieve the victims of the institution of slavery, which are the direct descendants of the enslaved people in the United States.”\u003c/p>\n\u003cp>Task force member Cheryl Grills, who did not support the motion, said lineage-based reparations fail to encompass the full harms of enslavement.\u003c/p>\n\u003cp>“Providing reparations only for those who can prove their descendants from enslaved Africans is yet another win for white supremacy because it dismisses and devalues the harms done to African descendants not enslaved here, but who were injured by slavery due to their blackness once they entered the shores of America,” Grills said.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003ch2>Eligibility question has loomed for months\u003c/h2>\n\u003cp>The question of eligibility has loomed over the first-in-the-nation statewide task force since it began meeting in June. The topic also dominated meetings in February, when the task force tabled a decision until taking it up again this month.\u003c/p>\n\u003cp>One point of contention: Cash payments are expected to be one part of the reparations proposals, but there are a limited amount of financial resources. The eligibility discussion also has raised questions about lineage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>During the January meeting, Secretary of State Shirley Weber — who, while a state legislator, authored AB 3121, the bill that established the task force — shared her intention.\u003c/p>\n\u003cp>“It’s an issue not about being Black. It’s an issue of descendants and lineage,” Weber said. “There will be many Black people who do not deserve reparations, but there will be many whose lineage clearly says very strongly that they deserve to have reparations.”\u003c/p>\n\u003cp>In the February meeting, Moore reminded the task force of the story of \u003ca href=\"https://www.youtube.com/watch?v=BMUdKpDk8Yg\">Lawrence Lucas\u003c/a>, one of the leaders of the \u003ca href=\"https://justiceforblackfarmers.com/\">USDA Coalition of Minority Employees\u003c/a>, an organization advocating for Black farmers, who testified in October. Many Black farmers, who expected to receive pandemic aid allocated in the American Rescue Plan, have been \u003ca href=\"https://www.nytimes.com/2022/02/21/us/politics/black-farmers-debt-relief.html\">blocked by lawsuits from white farmers\u003c/a> who questioned whether the government could use race to give preferential debt relief.\u003c/p>\n\u003cp>“They know the land by virtue of them being the descendants of the enslaved,” said Moore, who used the example to argue lineage-based reparations. “Despite that agricultural knowledge that was passed onto them, they’re being refused aid.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Hollis Gentry, a genealogy specialist at the National Museum of African American History and Culture Library, said information is sometimes relatively quick to find, while other times it can take a very long time. Gentry began looking at her own family history in 1976 and is still uncovering connections today.\u003c/p>\n\u003cp>“The eligibility criteria is going to determine how you approach it,” she said. “If you’re looking at a solely lineage-based approach where they have to establish that they do, in fact, descend from someone who was enslaved, that’s going to require a lot of research.\u003c/p>\n\u003cp>“It’s not impossible.”\u003c/p>\n\u003cp>“From Here to Equality: Reparations for Black Americans in the Twenty-First Century,” a book by A. Kirsten Mullen and William A. Darity Jr., is frequently mentioned in task force meetings. The book suggests that requirements for reparations on the federal level include two aspects of eligibility: tracing an ancestor back to chattel slavery, and self-identifying as Black Negro or African American on the census for 10 to 12 years prior to the reparations program going into effect.\u003c/p>\n\u003cp>“Their two-pronged system is very simplistic, in my view,” said Khansa T. Jones-Muhammad, co-chair for the National Assembly of American Slavery Descendants. Instead, she would like to have a system that acknowledges the harms caused by certain laws.\u003c/p>\n\u003cp>“Were your ancestors subject to the three-fifths compromise at the United States Constitutional Convention of 1787?” Jones-Muhammad asked. “Were your ancestors subject to the Casual Killing Act or fugitive slave law? Were your ancestors subject to convict leasing and Jim Crow laws? Were they subject to the Great Migration?”\u003c/p>\n\u003cp>The National Assembly of American Slavery Descendants and the Coalition for a Just and Equitable California, two organizations Jones-Muhammad has worked with, helped Weber with the language in the bill.\u003c/p>\n\u003cp>In February the members seemed to agree there should be a special consideration for descendants of chattel slavery, as outlined in the bill, but appeared hesitant to make a definitive decision because of the potential impact on other reparations legislation, including HR 40, the federal reparations bill.\u003c/p>\n\u003cp>The debate has repeatedly circled back to who would be eligible to receive cash payments. It’s uncertain how much money would be needed for such an endeavor. The task force has hired a team of economists to make calculations.\u003c/p>\n\u003cp>Others have suggested different forms of compensation, such as tax breaks, grant aid and tuition waivers for students. Task force member Reggie Jones-Sawyer, a state Assemblymember, felt the committee should be having more expansive discussions.\u003c/p>\n\u003cp>“We’re talking about who’s getting the money,” he said. “We should be talking about how we’re going to take care of our people from this day forward. And how are we going to reverse all the harm? That should be the central question. We’re spending the money before we got it.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>When Vithea Yung was a teenager in Long Beach in the 1990s, he joined a gang. As a Cambodian refugee whose family was shattered by the genocidal Khmer Rouge regime, it gave him a sense of security. But at 16, pursued by members of a rival gang, he fired a gun and killed someone.\u003c/p>\n\u003cp>Yung was tried as an adult, convicted of murder and sent to prison with a sentence of 35 years to life. Now 25 years on, the California \u003ca href=\"https://www.cdcr.ca.gov/bph/parole-suitability-hearings-overview/what-to-expect-after-a-parole-suitability-hearing/\">parole board has approved Yung’s release\u003c/a>, based on the work he’s done to rehabilitate himself and help fellow incarcerated people.\u003c/p>\n\u003cp>Until late Friday, it seemed as if Yung faced the possibility of being released from prison only to be locked up again, this time by U.S. Immigration and Customs Enforcement. Yung feared he’d be deported to Cambodia, a country his family fled when he was 3 years old. [pullquote size=\"medium\" align=\"right\" citation=\"Anoop Prasad, lawyer, Asian Law Caucus\"]‘As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty. We need a systemic solution.’[/pullquote]\u003c/p>\n\u003cp>And for Yung, the stakes were high. In 2017, he suffered a spinal cord injury during a prison softball game and since then has been paralyzed from the neck down, requiring round-the-clock care and assistance with the basic functions of daily living. He lives in a skilled nursing facility in the Los Angeles area that’s under contract with the state prison system.\u003c/p>\n\u003cp>But on Friday afternoon, an ICE spokesperson said that an immigration detainer, requesting California prison officials turn Yung over to ICE, had been dropped months earlier, on November 18.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The spokesperson, who would not agree to be identified because he was not authorized to speak about the case, said ICE makes custody determinations on a case-by-case basis, “considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates.”\u003c/p>\n\u003cp>The news came as a surprise to Yung’s supporters, who had held a rally in Los Angeles Friday morning calling on California officials not to cooperate with ICE.\u003c/p>\n\u003cp>“We’re relieved it was dropped and he’s not going to be transferred to ICE and he’ll receive the care he needs after leaving prison,” said Anoop Prasad, Yung’s lawyer with the Asian Law Caucus in San Francisco. “But it’s such a nerve-racking process. It shouldn’t require community outrage and rallies to get ICE to step in and do the basic, humane thing.”\u003c/p>\n\u003cp>Prasad said the California Department of Corrections and Rehabilitation has a policy of notifying incarcerated people if an immigration detainer is dropped, but that didn’t happen here. Even in recent weeks, Yung’s CDCR counselor had told him the hold was still on file, Prasad said.\u003c/p>\n\u003cp>Through his sister, Yung said he won’t feel confident that ICE isn’t going to detain him until he sees it in writing.\u003c/p>\n\u003ch2>Immigrants funneled from prison to ICE detention\u003c/h2>\n\u003cp>The state prison system hands over hundreds of inmates to ICE each year. Between Jan. 1, 2020, and Nov. 30, 2021, the CDCR made 2,600 transfers to ICE, according to data obtained from the agency by the Asian Law Caucus.\u003c/p>\n\u003cp>And advocates say Yung’s case highlights an injustice: If he had been born in the U.S. or had become a naturalized U.S. citizen, then when he completed his sentence that would have settled his debt to society and he would go free. But as a lawful permanent resident, or “green card” holder, his felony record meant he could be deported.\u003c/p>\n\u003cp>Yung’s sister Terry Honoré said she was terrified at the thought that her quadriplegic brother could be sent to Cambodia to fend for himself.\u003c/p>\n\u003cp>“I just don’t know how that would work,” she said. “It was really scary.”\u003c/p>\n\u003cp>Advocates also feared that Yung’s health could deteriorate in immigration detention, since ICE has been sued over inadequate care for people with disabilities.\u003c/p>\n\u003cp>“The level of medical neglect at baseline in ICE facilities is horrific,” said Prasad.\u003c/p>\n\u003cp>He added that given how seriously injured Yung is, there’s no plausible argument he could pose a danger to society.\u003c/p>\n\u003cp>The Asian Prisoner Support Committee and other advocacy groups are pushing for passage of the \u003ca href=\"http://www.iceoutofca.org/ca-values-act-sb54-408546.html\">Vision Act\u003c/a>, a bill in the state Senate that would block jail and prison officials from honoring ICE detainers for most inmates, like Yung, when they’re released.\u003c/p>\n\u003cp>Scores of people turned out for the \u003ca href=\"https://twitter.com/sg_chambita/status/1507435056456880128\">Los Angeles rally Friday\u003c/a> to push for that bill, AB 937, and support Yung.\u003c/p>\n\u003cp>Gov. Gavin Newsom has until April 12 to review Yung’s parole. Unless he moves to block it, Yung will be released from prison and paroled to the care of his family. But advocates want Newsom to go further and \u003ca href=\"https://www.kqed.org/news/11827617/state-lawmakers-urge-newsom-to-stop-transferring-people-in-prison-to-ice-in-pandemic\">stop transfers from California prisons to ICE\u003c/a>.\u003c/p>\n\u003cp>In a statement, CDCR press secretary Dana Simas said the prison system notifies ICE of anyone they’re holding who might be a foreign national. ICE then determines their immigration status and decides whether to put an immigration “hold” or detainer on the person. [aside postID=news_11827388]“CDCR responds to detainers from all law enforcement agencies,” she said.\u003c/p>\n\u003cp>Simas did not respond to requests for comment about Yung’s case.\u003c/p>\n\u003cp>In 2020, another Cambodian refugee, Chanthon Bun, was released from San Quentin despite being told that ICE had a detainer for him. But neither ICE nor CDCR explained why \u003ca href=\"https://www.kqed.org/news/11827388/cambodian-refugee-leaves-san-quentin-with-covid-19-but-avoids-ice-detention\">he was not transferred to immigration detention\u003c/a>.\u003c/p>\n\u003ch2>\u003cstrong>Should rehabilitation affect deportation decisions?\u003c/strong>\u003c/h2>\n\u003cp>Yung is proud of the work he did to become a better person in the two decades before his accident. He enrolled in prison support groups and restorative justice programs, pursued his high school diploma, became a teacher’s aide and joined sports teams.\u003c/p>\n\u003cp>“I tried to rehabilitate myself,” he said in a Zoom interview with KQED. “I took classes. I did everything that it took before I went to my parole board hearing. It shocked them a little bit because I did everything before they even asked me to do it.”\u003c/p>\n\u003cp>Yung’s efforts might have played a role in ICE’s decision to revoke the detainer, though the circumstances of that decision remain unclear.\u003c/p>\n\u003cp>Last September, Homeland Security Secretary Alejandro Mayorkas issued \u003ca href=\"https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf\">guidelines allowing ICE to use discretion\u003c/a> about whom to prioritize for detention and deportation. Mayorkas said ICE should focus on people who pose a “current threat” to national security, border security or public safety.\u003c/p>\n\u003cp>But on Tuesday, a \u003ca href=\"https://thehill.com/policy/national-security/599216-judge-blocks-dhs-memo-narrowing-ice-deportation-focus\">federal judge in Ohio partially blocked that guidance\u003c/a>. U.S. District Court Judge Michael Newman, a Trump appointee, ruled the agency can’t ignore people whose criminal convictions subject them to mandatory detention.\u003c/p>\n\u003ch2>\u003cstrong>Permanent residency isn’t ‘real permanence’\u003c/strong>\u003c/h2>\n\u003cp>Before Yung’s family fled Cambodia’s killing fields, two older siblings died of starvation and both of his parents were locked up by the Khmer Rouge. When his mother got out, she and the children made their way to a refugee camp and eventually to California.[pullquote size=\"medium\" align=\"right\" citation=\"Terry Honoré, Vithea Yung's sister\"]‘We came here with the understanding that we escaped the war and we are American.’[/pullquote]Honoré said her parents didn’t understand that even though they became permanent residents, real permanence depended on becoming naturalized U.S. citizens.\u003c/p>\n\u003cp>“No one ever explained that to us,” she said. “We came here with the understanding that we escaped the war and we are American. Our card says that we are legal residents, you know, permanent residents.”\u003c/p>\n\u003cp>Now she’s become a supporter of the Vision Act, hoping others don’t have to go through her brother’s experience.\u003c/p>\n\u003cp>Prasad said thousands of people — fully 10% of the state prison population — also are subject to ICE detainers, and few will get the attention Yung’s case has received.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“As long as California is relying on ICE to act with decency and compassion, we have a problem, because ICE has a proven track record across administrations of acting with cruelty,” he said. “We need a systemic solution.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Vithea Yung was a teenager in Long Beach in the 1990s, he joined a gang. As a Cambodian refugee whose family was shattered by the genocidal Khmer Rouge regime, it gave him a sense of security. But at 16, pursued by members of a rival gang, he fired a gun and killed someone.\u003c/p>\n\u003cp>Yung was tried as an adult, convicted of murder and sent to prison with a sentence of 35 years to life. Now 25 years on, the California \u003ca href=\"https://www.cdcr.ca.gov/bph/parole-suitability-hearings-overview/what-to-expect-after-a-parole-suitability-hearing/\">parole board has approved Yung’s release\u003c/a>, based on the work he’s done to rehabilitate himself and help fellow incarcerated people.\u003c/p>\n\u003cp>Until late Friday, it seemed as if Yung faced the possibility of being released from prison only to be locked up again, this time by U.S. Immigration and Customs Enforcement. Yung feared he’d be deported to Cambodia, a country his family fled when he was 3 years old. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And for Yung, the stakes were high. In 2017, he suffered a spinal cord injury during a prison softball game and since then has been paralyzed from the neck down, requiring round-the-clock care and assistance with the basic functions of daily living. He lives in a skilled nursing facility in the Los Angeles area that’s under contract with the state prison system.\u003c/p>\n\u003cp>But on Friday afternoon, an ICE spokesperson said that an immigration detainer, requesting California prison officials turn Yung over to ICE, had been dropped months earlier, on November 18.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The spokesperson, who would not agree to be identified because he was not authorized to speak about the case, said ICE makes custody determinations on a case-by-case basis, “considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates.”\u003c/p>\n\u003cp>The news came as a surprise to Yung’s supporters, who had held a rally in Los Angeles Friday morning calling on California officials not to cooperate with ICE.\u003c/p>\n\u003cp>“We’re relieved it was dropped and he’s not going to be transferred to ICE and he’ll receive the care he needs after leaving prison,” said Anoop Prasad, Yung’s lawyer with the Asian Law Caucus in San Francisco. “But it’s such a nerve-racking process. It shouldn’t require community outrage and rallies to get ICE to step in and do the basic, humane thing.”\u003c/p>\n\u003cp>Prasad said the California Department of Corrections and Rehabilitation has a policy of notifying incarcerated people if an immigration detainer is dropped, but that didn’t happen here. Even in recent weeks, Yung’s CDCR counselor had told him the hold was still on file, Prasad said.\u003c/p>\n\u003cp>Through his sister, Yung said he won’t feel confident that ICE isn’t going to detain him until he sees it in writing.\u003c/p>\n\u003ch2>Immigrants funneled from prison to ICE detention\u003c/h2>\n\u003cp>The state prison system hands over hundreds of inmates to ICE each year. Between Jan. 1, 2020, and Nov. 30, 2021, the CDCR made 2,600 transfers to ICE, according to data obtained from the agency by the Asian Law Caucus.\u003c/p>\n\u003cp>And advocates say Yung’s case highlights an injustice: If he had been born in the U.S. or had become a naturalized U.S. citizen, then when he completed his sentence that would have settled his debt to society and he would go free. But as a lawful permanent resident, or “green card” holder, his felony record meant he could be deported.\u003c/p>\n\u003cp>Yung’s sister Terry Honoré said she was terrified at the thought that her quadriplegic brother could be sent to Cambodia to fend for himself.\u003c/p>\n\u003cp>“I just don’t know how that would work,” she said. “It was really scary.”\u003c/p>\n\u003cp>Advocates also feared that Yung’s health could deteriorate in immigration detention, since ICE has been sued over inadequate care for people with disabilities.\u003c/p>\n\u003cp>“The level of medical neglect at baseline in ICE facilities is horrific,” said Prasad.\u003c/p>\n\u003cp>He added that given how seriously injured Yung is, there’s no plausible argument he could pose a danger to society.\u003c/p>\n\u003cp>The Asian Prisoner Support Committee and other advocacy groups are pushing for passage of the \u003ca href=\"http://www.iceoutofca.org/ca-values-act-sb54-408546.html\">Vision Act\u003c/a>, a bill in the state Senate that would block jail and prison officials from honoring ICE detainers for most inmates, like Yung, when they’re released.\u003c/p>\n\u003cp>Scores of people turned out for the \u003ca href=\"https://twitter.com/sg_chambita/status/1507435056456880128\">Los Angeles rally Friday\u003c/a> to push for that bill, AB 937, and support Yung.\u003c/p>\n\u003cp>Gov. Gavin Newsom has until April 12 to review Yung’s parole. Unless he moves to block it, Yung will be released from prison and paroled to the care of his family. But advocates want Newsom to go further and \u003ca href=\"https://www.kqed.org/news/11827617/state-lawmakers-urge-newsom-to-stop-transferring-people-in-prison-to-ice-in-pandemic\">stop transfers from California prisons to ICE\u003c/a>.\u003c/p>\n\u003cp>In a statement, CDCR press secretary Dana Simas said the prison system notifies ICE of anyone they’re holding who might be a foreign national. ICE then determines their immigration status and decides whether to put an immigration “hold” or detainer on the person. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies,” she said.\u003c/p>\n\u003cp>Simas did not respond to requests for comment about Yung’s case.\u003c/p>\n\u003cp>In 2020, another Cambodian refugee, Chanthon Bun, was released from San Quentin despite being told that ICE had a detainer for him. But neither ICE nor CDCR explained why \u003ca href=\"https://www.kqed.org/news/11827388/cambodian-refugee-leaves-san-quentin-with-covid-19-but-avoids-ice-detention\">he was not transferred to immigration detention\u003c/a>.\u003c/p>\n\u003ch2>\u003cstrong>Should rehabilitation affect deportation decisions?\u003c/strong>\u003c/h2>\n\u003cp>Yung is proud of the work he did to become a better person in the two decades before his accident. He enrolled in prison support groups and restorative justice programs, pursued his high school diploma, became a teacher’s aide and joined sports teams.\u003c/p>\n\u003cp>“I tried to rehabilitate myself,” he said in a Zoom interview with KQED. “I took classes. I did everything that it took before I went to my parole board hearing. It shocked them a little bit because I did everything before they even asked me to do it.”\u003c/p>\n\u003cp>Yung’s efforts might have played a role in ICE’s decision to revoke the detainer, though the circumstances of that decision remain unclear.\u003c/p>\n\u003cp>Last September, Homeland Security Secretary Alejandro Mayorkas issued \u003ca href=\"https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf\">guidelines allowing ICE to use discretion\u003c/a> about whom to prioritize for detention and deportation. Mayorkas said ICE should focus on people who pose a “current threat” to national security, border security or public safety.\u003c/p>\n\u003cp>But on Tuesday, a \u003ca href=\"https://thehill.com/policy/national-security/599216-judge-blocks-dhs-memo-narrowing-ice-deportation-focus\">federal judge in Ohio partially blocked that guidance\u003c/a>. U.S. District Court Judge Michael Newman, a Trump appointee, ruled the agency can’t ignore people whose criminal convictions subject them to mandatory detention.\u003c/p>\n\u003ch2>\u003cstrong>Permanent residency isn’t ‘real permanence’\u003c/strong>\u003c/h2>\n\u003cp>Before Yung’s family fled Cambodia’s killing fields, two older siblings died of starvation and both of his parents were locked up by the Khmer Rouge. When his mother got out, she and the children made their way to a refugee camp and eventually to California.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Honoré said her parents didn’t understand that even though they became permanent residents, real permanence depended on becoming naturalized U.S. citizens.\u003c/p>\n\u003cp>“No one ever explained that to us,” she said. “We came here with the understanding that we escaped the war and we are American. Our card says that we are legal residents, you know, permanent residents.”\u003c/p>\n\u003cp>Now she’s become a supporter of the Vision Act, hoping others don’t have to go through her brother’s experience.\u003c/p>\n\u003cp>Prasad said thousands of people — fully 10% of the state prison population — also are subject to ICE detainers, and few will get the attention Yung’s case has received.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>U.S. Response to War in Ukraine\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, President Joe Biden traveled to Europe for emergency summits with other world leaders. He announced plans to ship liquified natural gas to Europe to reduce dependence on Russian oil and gas as well as more sanctions. We get reaction from California Congressmember Adam Schiff, D-Burbank, on how the U.S. is responding to the conflict in Ukraine.\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\">U.S. Rep. Adam Schiff, D-Calif.\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>California Cryptocurrency Bill\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">What if you could pay your state taxes using digital money? Colorado Gov. \u003c/span>\u003cspan style=\"font-weight: 400\">Jared Polis says his state will begin to accept cryptocurrency payments for state taxes and fees as early as this summer. Here\u003c/span>\u003cspan style=\"font-weight: 400\"> in the Golden State\u003c/span>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003cspan style=\"font-weight: 400\">State Sen. Sydney Kamlager has introduced a bill that aims to do something similar. \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\">State Sen. Sydney Kamlager, D-Los Angeles\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003c/b>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">This week, Gov. Gavin Newsom proposed an $11 billion package to offset the burden of gas prices that have been rising over the past several weeks. His plan would send up to two $400 payments to registered vehicle owners and includes grants and reduced fares for public transit users. We also discuss international attempts to regulate high-tech companies, and the Los Angeles mayor’s race.\u003c/span>\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\">Jeremy B. White, Politico California politics reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Rachael Myrow, KQED Silicon Valley News Desk senior editor\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Happy Hollow Park and Zoo\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">In this week’s Something Beautiful, we visit Happy Hollow, a small zoo and amusement park in San Jose that features rides for young children.\u003c/span>\u003c/p>\n\n",
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"title": "Rep. Adam Schiff | State Sen. Sydney Kamlager | This Week in California News | KQED",
"description": "U.S. Response to War in Ukraine This week, President Joe Biden traveled to Europe for emergency summits with other world leaders. He announced plans to ship liquified natural gas to Europe to reduce dependence on Russian oil and gas as well as more sanctions. We get reaction from California Congressmember Adam Schiff, D-Burbank, on how the U.S. is responding to the conflict in Ukraine. Guest: U.S. Rep. Adam Schiff, D-Calif. California Cryptocurrency Bill What if you could pay your state taxes using digital money? Colorado Gov. Jared Polis says his state will begin to accept cryptocurrency payments for state",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>U.S. Response to War in Ukraine\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, President Joe Biden traveled to Europe for emergency summits with other world leaders. He announced plans to ship liquified natural gas to Europe to reduce dependence on Russian oil and gas as well as more sanctions. We get reaction from California Congressmember Adam Schiff, D-Burbank, on how the U.S. is responding to the conflict in Ukraine.\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\">U.S. Rep. Adam Schiff, D-Calif.\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>California Cryptocurrency Bill\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">What if you could pay your state taxes using digital money? Colorado Gov. \u003c/span>\u003cspan style=\"font-weight: 400\">Jared Polis says his state will begin to accept cryptocurrency payments for state taxes and fees as early as this summer. Here\u003c/span>\u003cspan style=\"font-weight: 400\"> in the Golden State\u003c/span>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003cspan style=\"font-weight: 400\">State Sen. Sydney Kamlager has introduced a bill that aims to do something similar. \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\">State Sen. Sydney Kamlager, D-Los Angeles\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003c/b>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">This week, Gov. Gavin Newsom proposed an $11 billion package to offset the burden of gas prices that have been rising over the past several weeks. His plan would send up to two $400 payments to registered vehicle owners and includes grants and reduced fares for public transit users. We also discuss international attempts to regulate high-tech companies, and the Los Angeles mayor’s race.\u003c/span>\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\">Jeremy B. White, Politico California politics reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Rachael Myrow, KQED Silicon Valley News Desk senior editor\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Happy Hollow Park and Zoo\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">In this week’s Something Beautiful, we visit Happy Hollow, a small zoo and amusement park in San Jose that features rides for young children.\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Bail Bonds Companies Failed to Reveal Full Consequences of Co-Signing, Lawsuits Say",
"title": "Bail Bonds Companies Failed to Reveal Full Consequences of Co-Signing, Lawsuits Say",
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"content": "\u003cp>Building on a court victory from late last year, the law firm Edelson PC has filed suits against two of the largest bail bonds companies in California, \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Aladdin Bail Bonds\u003c/a> and \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">All-Pro Bail Bonds\u003c/a>. Edelson has proposed that both be \u003ca href=\"https://edelson.com/california-bail-bonds\">expanded into class actions\u003c/a>.\u003c/p>\n\u003cp>The filings seek to void existing contracts and seek restitution in the form of refunds for people who’ve co-signed bail bond contracts without getting state-mandated notices that make clear what that obligation entails.\u003c/p>\n\u003cp>Yaman Salahi, a partner at Edelson’s San Francisco office, told KQED that the contracts could affect a co-signer’s credit, while also exposing them to lawsuits and wage garnishment.\u003c/p>\n\u003cp>“Those notices would have explained to people the consequences of co-signing, including that the bail bond companies could come after them for the balance of those loans, even without going to the person who had been arrested first,” Salahi added.\u003c/p>\n\u003cp>According to a \u003ca href=\"https://casetext.com/case/bbbb-bonding-corp-v-caldwell\">2021 California appellate court decision\u003c/a>, people who co-sign bail bonds are entering into a consumer credit loan contract and are protected by \u003ca href=\"https://casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-4-obligations-arising-from-particular-transactions/title-185-consumer-credit-contracts/section-179991-notice-to-cosignor\">a part of California consumer protection law\u003c/a> that mandates creditors provide notices that make clear to people what they are liable for when they co-sign on a debt.\u003c/p>\n\u003cp>This week's filings ask that bail contracts where the co-signer wasn’t provided this documentation be declared invalid and unenforceable. The filings also seek restitution in the form of refunds for people who were affected by this practice.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It’s very common for people who get arrested to not have even close to the amount they’d need to post bail — especially in California, where \u003ca href=\"https://www.ppic.org/publication/pretrial-detention-and-jail-capacity-in-california/#:~:text=Part%20of%20the%20difference%20in,nation%20(less%20than%20%2410%2C000)\">research shows the state’s median bail amount is $50,000\u003c/a>. That’s more than five times the median in the rest of the country.\u003c/p>\n\u003cp>To get around this, bail bonds companies will charge a nonrefundable premium to secure the rest of the loan. But many people can’t afford even \u003cem>those\u003c/em> premium charges, which could still be several thousand dollars. Instead, people can put a small amount down and then commit to a payment plan for the rest of the premium. As part of the payment plan, incarcerated folks are required to have a co-signer — basically a guarantor on a loan — and a lot of times friends or family members serve as guarantors.\u003c/p>\n\u003ch2>'They knew that I couldn't afford it'\u003c/h2>\n\u003cp>When Sherrie Lewis-Sonza’s son was arrested a few years ago, she agreed to co-sign his bond with All-Pro Bail Bonds, a company that has more than 20 locations throughout the state and offers a 20% discount to union members.\u003c/p>\n\u003cp>“I don't recall how much the bail bond was, but it was huge, and they knew that I couldn’t afford it,” Lewis-Sonza, 45, said. “But they still did it.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Yaman Salahi, partner, Edelson PC\"]'Cash bail is racist. It's classist. It punishes people simply because they’re poor.'[/pullquote]She lives in subsidized housing in San Francisco, and said the bail payments cost her $300 per month. She has a fixed income, living off the $900 she gets from disability and Social Security.\u003c/p>\n\u003cp>A year after co-signing on her son's All-Pro bond, she ended up signing onto another one after he was arrested again, this time with Aladdin Bail Bonds.\u003c/p>\n\u003cp>What a lot of co-signers like Lewis-Sonza don’t realize, Salahi said, is that bail bonds companies will come after them for the bail debts, even before seeking payment from the person who’s been arrested — and even if that person is no longer incarcerated.\u003c/p>\n\u003cp>This is one of the areas where providing an explanatory notice of liabilities could make a big difference in whether people decide to co-sign or not.\u003c/p>\n\u003cp>“They tend to go after the co-signers because they view those people as more creditworthy and able to pay,” Salahi said. “Many bail agents are very aggressive in trying to collect. And so people start receiving harassing phone calls, letters in the mail, phone calls at work.”\u003c/p>\n\u003cp>This is exactly what happened to Lewis-Sonza, even though she said her son was released within a week of his arrest.\u003c/p>\n\u003cp>“He was out at the time and they were still harassing us. They didn’t mess with him,” Lewis-Sonza said.\u003c/p>\n\u003cp>The debt burden stretched across her extended family. Not only did the company’s debt collectors dig up her grandmother’s information and start calling her, but the premium costs got so unaffordable for Lewis-Sonza that her brother and her son’s girlfriend also ended up co-signing. At one point, the bond companies also were garnishing the girlfriend’s wages, Lewis-Sonza said.\u003c/p>\n\u003cp>An important reminder here: The bail bond premium fee, which is usually 10% of full bail, is nonrefundable. So that’s a debt that will be owed even if the person who’s been arrested shows up in court or gets released.\u003c/p>\n\u003ch2>People of color bear disproportionate impact\u003c/h2>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">2017 study\u003c/a> showed that bail bonds cost San Francisco residents at least $15 million a year, and that most of the time the people paying these fees are women of color. People of color are disproportionately affected by bail.\u003c/p>\n\u003cp>“You are already talking about a population that is being targeted because they are economically vulnerable,” Salahi said. “They’re not in a position to pay out of pocket, and they're not in a position to post bail in some other way other than working through a bail agent.”\u003c/p>\n\u003cp>[aside postID=news_11535497 hero='https://ww2.kqed.org/app/uploads/sites/10/2017/06/RS25858_0M6A3565-qut-1038x576.jpg']And there can be vulnerabilities outside just financial strain that co-signers are coping with as they navigate the burdens of bail debt. Rio Scharf runs the \u003ca href=\"https://lccrsf.org/get-assistance/bail-clinic/\">Bail Clinic\u003c/a>, a service offered by the Lawyers' Committee for Civil Rights in San Francisco to help people navigate the bail system. Scharf said the clinic has helped several clients who ended up in bail bond debt as a result of relationships involving domestic violence.\u003c/p>\n\u003cp>“Sometimes our clients were in violent relationships, and when their partner was arrested, either for violence against them or for some other act, they [felt] coerced into co-signing on behalf of that partner,” Scharf explained.\u003c/p>\n\u003cp>Scharf also has had clients “who finally defended themselves against an abusive partner [and] were then arrested for that act of self-defense and are now shouldering debt from that arrest and the bail bond they had to secure to get themselves released from jail.” In some cases, Scharf said, the debts must still be repaid even if charges were never pressed against them or their case was subsequently dismissed.\u003c/p>\n\u003cp>The Lawyers' Committee for Civil Rights was one of several legal groups that raised the concerns that resulted in the 2021 ruling, which reaffirmed that bail bonds companies are, in fact, required to issue explanatory documentation to co-signers.\u003c/p>\n\u003cp>Working in conjunction with other pro bono legal support, Scharf and the Bail Clinic have been able to eliminate over $23,000 of Lewis-Sonza’s debt and secured a refund of more than $11,000.\u003c/p>\n\u003cp>“A lot of people go through it every day and don't know it. And I was just so lucky to come across them,” Lewis-Sonza said.\u003c/p>\n\u003cp>According to Scharf, between the All-Pro and Aladdin bonds, the combined premiums added up to $35,000. This means the combined full bail amounts were at least $350,000.\u003c/p>\n\u003cp>Both Salahi and Scharf see these co-signer issues as just a microcosm of a larger flawed system: cash bail.\u003c/p>\n\u003cp>“What the efforts of various people have demonstrated over the past several years is that cash bail is racist. It's classist. It punishes people simply because they’re poor,” Salahi said. “It’s not effective in making sure that people show up for their trial dates or in keeping communities safe.”\u003c/p>\n\u003cp>[aside postID=news_11866532 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS45504_013_KQED_SanFrancisco_BailBonds_10282020-qut-1020x680.jpg']Last year, the California Supreme Court \u003ca href=\"https://www.npr.org/2021/03/29/982417595/california-does-away-with-cash-bail-for-those-who-cant-afford-it\">decided to begin factoring in peoples’ financial standings when it came to setting bail\u003c/a>, but it’s too soon to tell how uniformly it will be enforced.\u003c/p>\n\u003cp>Salahi sees this week’s filings as one way to help lift some financial burdens.\u003c/p>\n\u003cp>“These lawsuits are just one piece of a broader effort to scrutinize this industry, as well as the practice of cash bail. And hopefully change things so that we are in a more equitable situation when it comes to the criminal justice system in California,” he said.\u003c/p>\n\u003cp>A press contact for the American Bail Coalition said its spokesperson was not familiar with the practices at issue in this story and therefore unable to comment. The California Bail Agents Association also had no comment.\u003c/p>\n\u003cp>Neither Aladdin Bail Bonds nor All-Pro Bail Bonds returned KQED’s calls requesting comment.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Bail bond co-signers are on the hook for huge bills. Two proposed class-action suits filed this week seek refunds for Californians who co-signed contracts without getting state-mandated notices that make clear what that obligation entails.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Building on a court victory from late last year, the law firm Edelson PC has filed suits against two of the largest bail bonds companies in California, \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523671/10-medina-v-two-jinn-20220323.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Aladdin Bail Bonds\u003c/a> and \u003ca class=\"c-link\" href=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://s3.documentcloud.org/documents/21523678/2022-03-23-0001-complaint-against-all-pro-bail-bonds-inc-filing-fee-402-receipt-number-acandc-17018274-filed-bradley-v-all-pro-bail-bonds-inc.pdf\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">All-Pro Bail Bonds\u003c/a>. Edelson has proposed that both be \u003ca href=\"https://edelson.com/california-bail-bonds\">expanded into class actions\u003c/a>.\u003c/p>\n\u003cp>The filings seek to void existing contracts and seek restitution in the form of refunds for people who’ve co-signed bail bond contracts without getting state-mandated notices that make clear what that obligation entails.\u003c/p>\n\u003cp>Yaman Salahi, a partner at Edelson’s San Francisco office, told KQED that the contracts could affect a co-signer’s credit, while also exposing them to lawsuits and wage garnishment.\u003c/p>\n\u003cp>“Those notices would have explained to people the consequences of co-signing, including that the bail bond companies could come after them for the balance of those loans, even without going to the person who had been arrested first,” Salahi added.\u003c/p>\n\u003cp>According to a \u003ca href=\"https://casetext.com/case/bbbb-bonding-corp-v-caldwell\">2021 California appellate court decision\u003c/a>, people who co-sign bail bonds are entering into a consumer credit loan contract and are protected by \u003ca href=\"https://casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-4-obligations-arising-from-particular-transactions/title-185-consumer-credit-contracts/section-179991-notice-to-cosignor\">a part of California consumer protection law\u003c/a> that mandates creditors provide notices that make clear to people what they are liable for when they co-sign on a debt.\u003c/p>\n\u003cp>This week's filings ask that bail contracts where the co-signer wasn’t provided this documentation be declared invalid and unenforceable. The filings also seek restitution in the form of refunds for people who were affected by this practice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s very common for people who get arrested to not have even close to the amount they’d need to post bail — especially in California, where \u003ca href=\"https://www.ppic.org/publication/pretrial-detention-and-jail-capacity-in-california/#:~:text=Part%20of%20the%20difference%20in,nation%20(less%20than%20%2410%2C000)\">research shows the state’s median bail amount is $50,000\u003c/a>. That’s more than five times the median in the rest of the country.\u003c/p>\n\u003cp>To get around this, bail bonds companies will charge a nonrefundable premium to secure the rest of the loan. But many people can’t afford even \u003cem>those\u003c/em> premium charges, which could still be several thousand dollars. Instead, people can put a small amount down and then commit to a payment plan for the rest of the premium. As part of the payment plan, incarcerated folks are required to have a co-signer — basically a guarantor on a loan — and a lot of times friends or family members serve as guarantors.\u003c/p>\n\u003ch2>'They knew that I couldn't afford it'\u003c/h2>\n\u003cp>When Sherrie Lewis-Sonza’s son was arrested a few years ago, she agreed to co-sign his bond with All-Pro Bail Bonds, a company that has more than 20 locations throughout the state and offers a 20% discount to union members.\u003c/p>\n\u003cp>“I don't recall how much the bail bond was, but it was huge, and they knew that I couldn’t afford it,” Lewis-Sonza, 45, said. “But they still did it.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>She lives in subsidized housing in San Francisco, and said the bail payments cost her $300 per month. She has a fixed income, living off the $900 she gets from disability and Social Security.\u003c/p>\n\u003cp>A year after co-signing on her son's All-Pro bond, she ended up signing onto another one after he was arrested again, this time with Aladdin Bail Bonds.\u003c/p>\n\u003cp>What a lot of co-signers like Lewis-Sonza don’t realize, Salahi said, is that bail bonds companies will come after them for the bail debts, even before seeking payment from the person who’s been arrested — and even if that person is no longer incarcerated.\u003c/p>\n\u003cp>This is one of the areas where providing an explanatory notice of liabilities could make a big difference in whether people decide to co-sign or not.\u003c/p>\n\u003cp>“They tend to go after the co-signers because they view those people as more creditworthy and able to pay,” Salahi said. “Many bail agents are very aggressive in trying to collect. And so people start receiving harassing phone calls, letters in the mail, phone calls at work.”\u003c/p>\n\u003cp>This is exactly what happened to Lewis-Sonza, even though she said her son was released within a week of his arrest.\u003c/p>\n\u003cp>“He was out at the time and they were still harassing us. They didn’t mess with him,” Lewis-Sonza said.\u003c/p>\n\u003cp>The debt burden stretched across her extended family. Not only did the company’s debt collectors dig up her grandmother’s information and start calling her, but the premium costs got so unaffordable for Lewis-Sonza that her brother and her son’s girlfriend also ended up co-signing. At one point, the bond companies also were garnishing the girlfriend’s wages, Lewis-Sonza said.\u003c/p>\n\u003cp>An important reminder here: The bail bond premium fee, which is usually 10% of full bail, is nonrefundable. So that’s a debt that will be owed even if the person who’s been arrested shows up in court or gets released.\u003c/p>\n\u003ch2>People of color bear disproportionate impact\u003c/h2>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/11535497/report-bail-hits-people-of-color-hard-strips-15-million-a-year-from-s-f-residents\">2017 study\u003c/a> showed that bail bonds cost San Francisco residents at least $15 million a year, and that most of the time the people paying these fees are women of color. People of color are disproportionately affected by bail.\u003c/p>\n\u003cp>“You are already talking about a population that is being targeted because they are economically vulnerable,” Salahi said. “They’re not in a position to pay out of pocket, and they're not in a position to post bail in some other way other than working through a bail agent.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And there can be vulnerabilities outside just financial strain that co-signers are coping with as they navigate the burdens of bail debt. Rio Scharf runs the \u003ca href=\"https://lccrsf.org/get-assistance/bail-clinic/\">Bail Clinic\u003c/a>, a service offered by the Lawyers' Committee for Civil Rights in San Francisco to help people navigate the bail system. Scharf said the clinic has helped several clients who ended up in bail bond debt as a result of relationships involving domestic violence.\u003c/p>\n\u003cp>“Sometimes our clients were in violent relationships, and when their partner was arrested, either for violence against them or for some other act, they [felt] coerced into co-signing on behalf of that partner,” Scharf explained.\u003c/p>\n\u003cp>Scharf also has had clients “who finally defended themselves against an abusive partner [and] were then arrested for that act of self-defense and are now shouldering debt from that arrest and the bail bond they had to secure to get themselves released from jail.” In some cases, Scharf said, the debts must still be repaid even if charges were never pressed against them or their case was subsequently dismissed.\u003c/p>\n\u003cp>The Lawyers' Committee for Civil Rights was one of several legal groups that raised the concerns that resulted in the 2021 ruling, which reaffirmed that bail bonds companies are, in fact, required to issue explanatory documentation to co-signers.\u003c/p>\n\u003cp>Working in conjunction with other pro bono legal support, Scharf and the Bail Clinic have been able to eliminate over $23,000 of Lewis-Sonza’s debt and secured a refund of more than $11,000.\u003c/p>\n\u003cp>“A lot of people go through it every day and don't know it. And I was just so lucky to come across them,” Lewis-Sonza said.\u003c/p>\n\u003cp>According to Scharf, between the All-Pro and Aladdin bonds, the combined premiums added up to $35,000. This means the combined full bail amounts were at least $350,000.\u003c/p>\n\u003cp>Both Salahi and Scharf see these co-signer issues as just a microcosm of a larger flawed system: cash bail.\u003c/p>\n\u003cp>“What the efforts of various people have demonstrated over the past several years is that cash bail is racist. It's classist. It punishes people simply because they’re poor,” Salahi said. “It’s not effective in making sure that people show up for their trial dates or in keeping communities safe.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Last year, the California Supreme Court \u003ca href=\"https://www.npr.org/2021/03/29/982417595/california-does-away-with-cash-bail-for-those-who-cant-afford-it\">decided to begin factoring in peoples’ financial standings when it came to setting bail\u003c/a>, but it’s too soon to tell how uniformly it will be enforced.\u003c/p>\n\u003cp>Salahi sees this week’s filings as one way to help lift some financial burdens.\u003c/p>\n\u003cp>“These lawsuits are just one piece of a broader effort to scrutinize this industry, as well as the practice of cash bail. And hopefully change things so that we are in a more equitable situation when it comes to the criminal justice system in California,” he said.\u003c/p>\n\u003cp>A press contact for the American Bail Coalition said its spokesperson was not familiar with the practices at issue in this story and therefore unable to comment. The California Bail Agents Association also had no comment.\u003c/p>\n\u003cp>Neither Aladdin Bail Bonds nor All-Pro Bail Bonds returned KQED’s calls requesting comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>With none of the partisan rancor or political point-scoring on display in this week’s Senate confirmation hearing for U.S. Supreme Court nominee \u003ca href=\"https://www.npr.org/2022/03/22/1087967982/judge-ketanji-brown-jackson-confirmation-hearings-what-happened-on-tuesday\">Ketanji Brown Jackson\u003c/a>, a three-member panel in San Francisco on Tuesday quickly and enthusiastically confirmed Patricia Guerrero to the California Supreme Court as its first Latina justice.\u003c/p>\n\u003cp>“I embrace this nomination, knowing that I’m not here today on my own,” Guerrero, currently a judge on the Fourth District Court of Appeal, said at the hearing. “I stand on the shoulders of my grandparents and my parents who came to this country, even though it would be a struggle for them. Like so many immigrant families, they came here to work hard, to seek opportunities and to give better lives to their children.”\u003c/p>\n\u003cp>The Commission on Judicial Appointments, which included Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Fourth District Court of Appeal Presiding Justice Manuel Ramirez, voted 3-0 to confirm Guerrero without so much as a tough question.\u003c/p>\n\u003cp>“This is a joyous type of hearing,” Cantil-Sakauye proclaimed at the start of the process, which took place at the state Supreme Court.\u003c/p>\n\u003cp>Guerrero, known to friends and co-workers as “Trish,” was introduced by three former colleagues who extolled her judgment, legal-writing acumen, leadership and compassion.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I would describe Trish as a pioneer,” said Robert Howard, a partner at the law firm Latham & Watkins in San Diego, where Guerrero worked early on in her legal career.[aside label=\"Related Stories\" postID=\"news_11905429,news_11841064\"]Noting that Guerrero made partner in just seven years, Howard said, “She earned the respect of her colleagues for intellect, maturity, discretion and judgment. She was admired by young lawyers because of her strong mentorship and patient supervision.”\u003c/p>\n\u003cp>He called Gov. Gavin Newsom’s \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/newsom-nominates-patricia-guerrero-to-california-supreme-court\">nomination of Guerrero last month\u003c/a> “a wise choice,” adding that “Justice Guerrero is an American success story who will make an inspiring, thoughtful, intelligent and valued addition to this court.”\u003c/p>\n\u003cp>Guerrero, 50, will take the seat left vacant when Associate Justice Mariano-Florentino “Tino” Cuéllar unexpectedly stepped down last fall to become executive director of the Carnegie Endowment for International Peace.\u003c/p>\n\u003cp>The daughter of Mexican immigrants, Guerrero grew up in Imperial County, east of San Diego, where her father worked as a farm laborer and her mother as a child care provider.\u003c/p>\n\u003cp>Holding back tears, Guerrero talked about her mother, who she said recently died after a battle with breast cancer.\u003c/p>\n\u003cp>“She taught us to be strong, compassionate and independent,” Guerrero said. “She showed us the importance of family. She showed us to thank God for our blessings, and she showed us that we should help other people when we can.”\u003c/p>\n\u003cp>Guerrero worked in a grocery store as a teenager, helping to raise money to put herself through college. After graduating high school as co-valedictorian, she attended UC Berkeley and then Stanford Law School.\u003c/p>\n\u003cp>Following a stint in private practice, she served as an assistant U.S. attorney in San Diego, and in 2013 went on to become a county Superior Court judge. In 2017, Gov. Jerry Brown elevated her to the Court of Appeal.\u003c/p>\n\u003cp>Throughout her career, Guerrero has mentored students in high school and college and taken on pro bono immigration cases, including asylum applications.\u003c/p>\n\u003cp>“This is not just about me or really even just about my parents, but it’s about so many others, just like us,” she said. “This is a story of the American dream, the belief that with hard work, perseverance and opportunities, anything is possible.”\u003c/p>\n\u003cp>At Tuesday’s confirmation hearing, Judge Maureen Hallahan, who served with Guerrero on the San Diego County Superior Court, called her an exemplary colleague.\u003c/p>\n\u003cp>“Expect her to inspire you, support you, engage you and challenge you,” she said. “She will never let you down and she will serve with you with dignity, courage and grace.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom will swear in Guerrero at a ceremony scheduled for March 28.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>With none of the partisan rancor or political point-scoring on display in this week’s Senate confirmation hearing for U.S. Supreme Court nominee \u003ca href=\"https://www.npr.org/2022/03/22/1087967982/judge-ketanji-brown-jackson-confirmation-hearings-what-happened-on-tuesday\">Ketanji Brown Jackson\u003c/a>, a three-member panel in San Francisco on Tuesday quickly and enthusiastically confirmed Patricia Guerrero to the California Supreme Court as its first Latina justice.\u003c/p>\n\u003cp>“I embrace this nomination, knowing that I’m not here today on my own,” Guerrero, currently a judge on the Fourth District Court of Appeal, said at the hearing. “I stand on the shoulders of my grandparents and my parents who came to this country, even though it would be a struggle for them. Like so many immigrant families, they came here to work hard, to seek opportunities and to give better lives to their children.”\u003c/p>\n\u003cp>The Commission on Judicial Appointments, which included Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Fourth District Court of Appeal Presiding Justice Manuel Ramirez, voted 3-0 to confirm Guerrero without so much as a tough question.\u003c/p>\n\u003cp>“This is a joyous type of hearing,” Cantil-Sakauye proclaimed at the start of the process, which took place at the state Supreme Court.\u003c/p>\n\u003cp>Guerrero, known to friends and co-workers as “Trish,” was introduced by three former colleagues who extolled her judgment, legal-writing acumen, leadership and compassion.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Noting that Guerrero made partner in just seven years, Howard said, “She earned the respect of her colleagues for intellect, maturity, discretion and judgment. She was admired by young lawyers because of her strong mentorship and patient supervision.”\u003c/p>\n\u003cp>He called Gov. Gavin Newsom’s \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/newsom-nominates-patricia-guerrero-to-california-supreme-court\">nomination of Guerrero last month\u003c/a> “a wise choice,” adding that “Justice Guerrero is an American success story who will make an inspiring, thoughtful, intelligent and valued addition to this court.”\u003c/p>\n\u003cp>Guerrero, 50, will take the seat left vacant when Associate Justice Mariano-Florentino “Tino” Cuéllar unexpectedly stepped down last fall to become executive director of the Carnegie Endowment for International Peace.\u003c/p>\n\u003cp>The daughter of Mexican immigrants, Guerrero grew up in Imperial County, east of San Diego, where her father worked as a farm laborer and her mother as a child care provider.\u003c/p>\n\u003cp>Holding back tears, Guerrero talked about her mother, who she said recently died after a battle with breast cancer.\u003c/p>\n\u003cp>“She taught us to be strong, compassionate and independent,” Guerrero said. “She showed us the importance of family. She showed us to thank God for our blessings, and she showed us that we should help other people when we can.”\u003c/p>\n\u003cp>Guerrero worked in a grocery store as a teenager, helping to raise money to put herself through college. After graduating high school as co-valedictorian, she attended UC Berkeley and then Stanford Law School.\u003c/p>\n\u003cp>Following a stint in private practice, she served as an assistant U.S. attorney in San Diego, and in 2013 went on to become a county Superior Court judge. In 2017, Gov. Jerry Brown elevated her to the Court of Appeal.\u003c/p>\n\u003cp>Throughout her career, Guerrero has mentored students in high school and college and taken on pro bono immigration cases, including asylum applications.\u003c/p>\n\u003cp>“This is not just about me or really even just about my parents, but it’s about so many others, just like us,” she said. “This is a story of the American dream, the belief that with hard work, perseverance and opportunities, anything is possible.”\u003c/p>\n\u003cp>At Tuesday’s confirmation hearing, Judge Maureen Hallahan, who served with Guerrero on the San Diego County Superior Court, called her an exemplary colleague.\u003c/p>\n\u003cp>“Expect her to inspire you, support you, engage you and challenge you,” she said. “She will never let you down and she will serve with you with dignity, courage and grace.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom will swear in Guerrero at a ceremony scheduled for March 28.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>New California legislation announced Thursday would provide legal protections for transgender kids and their parents who come to the state after facing criminal prosecution or being threatened with forcible separation in other states such as Texas, where the governor has directed state agencies to consider removing trans children from their families and placing them in foster care.\u003c/p>\n\u003cp>State Sen. Scott Wiener, who co-sponsored the legislation, said it would prohibit California courts from honoring court judgments separating parents from their children due to parents supporting their kids’ access to gender-affirming health care, such as hormone therapy or gender-affirmation surgery. It also would bar California from complying with out-of-state subpoenas seeking health-related information about people who come to California to receive gender-affirming care. To be blocked, such a subpoena would have to be related to attempts to file criminal charges or remove children from their homes for receiving gender-affirming care.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"State Sen. Scott Wiener\"]‘As long as one red state proposes an anti-LGBTQ piece of legislation, whether it’s banning marriage equality, whether it’s attacking kids, whether it be adoption, they all copy each other and it spreads like wildfire throughout the country.’[/pullquote]\u003c/p>\n\u003cp>“The history of the LGBTQ community is a history of criminalization and violence — society trying to erase us and then punishing us if we refuse to be erased, whether by death, incarceration, beatings, lobotomies, electric shock therapy, conversion therapy or other forms of violence,” said Wiener during a press briefing outside the state Capitol on Thursday. “California will not be a party to this new wave of deadly LGBTQ criminalization.”\u003c/p>\n\u003cp>The measure, co-sponsored by Equality California and Planned Parenthood, also would declare that any out-of-state criminal arrest warrant for someone based on violating another state’s law against receiving gender-affirming care, would be the lowest priority for law enforcement in California.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A \u003ca href=\"https://www.reuters.com/world/us/idaho-senate-halts-healthcare-bill-targeting-trans-youth-2022-03-16/\">bill recently blocked in Idaho\u003c/a> would have made it a felony for parents to consent to, or medical professionals to provide, gender-affirming care for transgender youth. Advocates of California’s measure said there also are legislative efforts to restrict gender-affirming care pending in Louisiana, Alabama and Arizona. Arkansas last year became the first state to pass a law prohibiting gender-affirming treatments for minors, and Tennessee has approved a similar measure.\u003c/p>\n\u003cp>“As long as one red state proposes an anti-LGBTQ piece of legislation, whether it’s banning marriage equality, whether it’s attacking kids, whether it be adoption, they all copy each other and it spreads like wildfire throughout the country,” Wiener said.\u003c/p>\n\u003cp>[aside postID=\"forum_2010101888336,news_11899189\" label=\"Related Posts\"]Last week, a Texas judge temporarily blocked a directive from Gov. Greg Abbott calling for child abuse investigations of parents who seek gender-affirming medical care for their transgender children. But Texas Attorney General Ken Paxton plans to appeal.\u003c/p>\n\u003cp>“Parents should not live in fear of being hunted down by the Texas government for loving and supporting their child,” said Equality California’s Executive Director Tony Hoang. “As a native Texan, I’m ashamed of Gov. Abbott’s hateful attacks against trans kids and their families. But as a Californian, I’m so proud of our state for serving as a beacon of hope and a place of refuge for those children and their parents.”\u003c/p>\n\u003cp>During Thursday’s press briefing, Lauren Pulido, co-executive director of the Gender Health Center, described seeing the positive effects of gender-affirming care on his clients.\u003c/p>\n\u003cp>He said that, as a trans man speaking on the one-year anniversary of top surgery, he knows how harmful it can be to feel trapped in one’s body.\u003c/p>\n\u003cp>“Begging to be free to be the person I was all along,” he said. “As an adult, I know firsthand how life-changing this experience can be … Our trans siblings in Texas deserve that freedom, and we as leaders in California and in the LGBT community have an obligation to use our privilege and platforms to help them.”\u003c/p>\n\u003cp>Lisa Matsubara with Planned Parenthood said California should always be a safe haven for people to receive the medical care they need and deserve.\u003c/p>\n\u003cp>“And that includes abortion and gender-affirming care,” she said. “It’s really important to remember that we don’t live in a vacuum, and what happens in other states does impact us in California.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Holly McDede, Spencer Whitney and The Associated Press.\u003c/em>\u003c/p>\n\n",
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"excerpt": "New California legislation would offer legal protections to trans kids and their parents who face criminal prosecution or forcible separation in other states.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>New California legislation announced Thursday would provide legal protections for transgender kids and their parents who come to the state after facing criminal prosecution or being threatened with forcible separation in other states such as Texas, where the governor has directed state agencies to consider removing trans children from their families and placing them in foster care.\u003c/p>\n\u003cp>State Sen. Scott Wiener, who co-sponsored the legislation, said it would prohibit California courts from honoring court judgments separating parents from their children due to parents supporting their kids’ access to gender-affirming health care, such as hormone therapy or gender-affirmation surgery. It also would bar California from complying with out-of-state subpoenas seeking health-related information about people who come to California to receive gender-affirming care. To be blocked, such a subpoena would have to be related to attempts to file criminal charges or remove children from their homes for receiving gender-affirming care.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘As long as one red state proposes an anti-LGBTQ piece of legislation, whether it’s banning marriage equality, whether it’s attacking kids, whether it be adoption, they all copy each other and it spreads like wildfire throughout the country.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The history of the LGBTQ community is a history of criminalization and violence — society trying to erase us and then punishing us if we refuse to be erased, whether by death, incarceration, beatings, lobotomies, electric shock therapy, conversion therapy or other forms of violence,” said Wiener during a press briefing outside the state Capitol on Thursday. “California will not be a party to this new wave of deadly LGBTQ criminalization.”\u003c/p>\n\u003cp>The measure, co-sponsored by Equality California and Planned Parenthood, also would declare that any out-of-state criminal arrest warrant for someone based on violating another state’s law against receiving gender-affirming care, would be the lowest priority for law enforcement in California.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A \u003ca href=\"https://www.reuters.com/world/us/idaho-senate-halts-healthcare-bill-targeting-trans-youth-2022-03-16/\">bill recently blocked in Idaho\u003c/a> would have made it a felony for parents to consent to, or medical professionals to provide, gender-affirming care for transgender youth. Advocates of California’s measure said there also are legislative efforts to restrict gender-affirming care pending in Louisiana, Alabama and Arizona. Arkansas last year became the first state to pass a law prohibiting gender-affirming treatments for minors, and Tennessee has approved a similar measure.\u003c/p>\n\u003cp>“As long as one red state proposes an anti-LGBTQ piece of legislation, whether it’s banning marriage equality, whether it’s attacking kids, whether it be adoption, they all copy each other and it spreads like wildfire throughout the country,” Wiener said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Last week, a Texas judge temporarily blocked a directive from Gov. Greg Abbott calling for child abuse investigations of parents who seek gender-affirming medical care for their transgender children. But Texas Attorney General Ken Paxton plans to appeal.\u003c/p>\n\u003cp>“Parents should not live in fear of being hunted down by the Texas government for loving and supporting their child,” said Equality California’s Executive Director Tony Hoang. “As a native Texan, I’m ashamed of Gov. Abbott’s hateful attacks against trans kids and their families. But as a Californian, I’m so proud of our state for serving as a beacon of hope and a place of refuge for those children and their parents.”\u003c/p>\n\u003cp>During Thursday’s press briefing, Lauren Pulido, co-executive director of the Gender Health Center, described seeing the positive effects of gender-affirming care on his clients.\u003c/p>\n\u003cp>He said that, as a trans man speaking on the one-year anniversary of top surgery, he knows how harmful it can be to feel trapped in one’s body.\u003c/p>\n\u003cp>“Begging to be free to be the person I was all along,” he said. “As an adult, I know firsthand how life-changing this experience can be … Our trans siblings in Texas deserve that freedom, and we as leaders in California and in the LGBT community have an obligation to use our privilege and platforms to help them.”\u003c/p>\n\u003cp>Lisa Matsubara with Planned Parenthood said California should always be a safe haven for people to receive the medical care they need and deserve.\u003c/p>\n\u003cp>“And that includes abortion and gender-affirming care,” she said. “It’s really important to remember that we don’t live in a vacuum, and what happens in other states does impact us in California.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Holly McDede, Spencer Whitney and The Associated Press.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">As people across the country reacted to George Floyd’s killing by Minneapolis police in late May 2020, at least two state correctional officers, independently, posted racist comments on Facebook about Floyd’s death. \u003c/span>\u003c/p>\n\u003cp>And a Black correctional officer was disciplined for growing angry at co-workers over a “thin blue line” flag hanging in a state prison gymnasium in August 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These officers all were disciplined for breaking the agency’s discrimination policies, according to documents released to KQED by the California Department of Corrections and Rehabilitation under SB16, the expanded transparency law. \u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Coalition of Black Employees at the CDCR\"]‘Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges.’[/pullquote]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The records shed light for the first time on how the agency deals with racism among its employees. The documents contain racist and antisemitic language and imagery. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the wake of the incidents, a group of Black CDCR employees has been pushing the department to \u003ca href=\"https://www.sacbee.com/article246896837.html\">make hiring and promotional practices more fair and equitable\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Nothing has changed, not a thing,” said Sharonya Reene Dorsey, an analyst for the CDCR’s Office of Correctional Education.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\"> CDCR spokesperson Dana Simas wrote in an email that leadership has taken concrete steps to improve recruitment, outreach and diversity in hiring. Simas wrote that the department has zero tolerance for discrimination, “and we work hard to ensure racial equity and justice.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On May 28, 2020, Joshua Priester, a white correctional officer at Folsom State Prison, commented after a Facebook user shared an article with the headline “\u003c/span>\u003ca href=\"https://www.tmz.com/videos/052720-george-floyd-security-footage-4791146-0-dzljqi2r/\">\u003cspan style=\"font-weight: 400\">Surveillance Footage Shows George Floyd Moments Before Killing, He’s Not Resisting\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He [Floyd] was not a very good person one less loser,” Priester wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to the documents released by CDCR, Priester argued with two people with whom he’d attended the correctional academy. One user suggested that if Floyd were white, he would not have been killed by police officers because he would have been at work. \u003ca href=\"https://www.documentcloud.org/documents/21424263-hn-fol-360-20-s_-_priester__j_-_second_amended_noaa\">The full exchange is available here. \u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department suspended Priester for 60 days for his comments, and for sharing another image of Floyd’s arrest on his Facebook page. As of Tuesday, the image remained up on Priester’s page.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908386\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11908386\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png\" alt=\"The screenshot of the meme shows a police officer kneeling on a man's neck and below an individual striking another in the head.\" width=\"800\" height=\"854\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-1020x1089.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-160x171.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png 1414w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Joshua Priester worked as a correctional officer at Folsom State Prison when he posted the above image on Facebook three days after George Floyd’s death. \u003ccite>(Screenshot from Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Priester did not reply to emails and messages requesting comment, and his union, the California Correctional Peace Officers Association, did not respond to emails and calls requesting comment. CDCR did not say whether Priester appealed his suspension. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A day earlier, on May 27, 2020, Matthew Sanchez, an officer at the California Correctional Institution in Tehachapi, \u003ca href=\"https://www.documentcloud.org/documents/21424265-s-cci-243-20-d_-_sanchez__m_-_noaa\">commented on a post about Floyd’s arrest\u003c/a>, according to the records.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How the fuck do you shout when you’re be [sic] choked?” Sanchez wrote, including a laughing emoji in the post. “If you’re actually being choked you can’t talk.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When another commenter objected, Sanchez, using emojis and a texting abbreviation, fired back, “did you bring your feelings to Facebook? I got one for you. What’s the difference between Jews and boy scouts? Boy scouts come back from their camps. Lmk when you’re ready for another one.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department dismissed Sanchez. CDCR would not say whether Sanchez appealed his firing. Sanchez couldn’t be reached for comment, and his former union did not respond to our inquiries.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">By May 29, 2020, word of the officers’ racist posts had reached Ralph Diaz, CDCR’s former secretary, who sent out a memo to all employees calling the posts “\u003ca href=\"https://www.mercurynews.com/2020/05/29/ca-prison-staff-posted-racist-and-extremely-hurtful-comments-about-george-floyds-killing-cdcr-secretary-says/\">extremely hurtful and disrespectful.\u003c/a>” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“To say I was upset to learn of these comments would be an understatement – those who engaged in such behavior have brought dishonor to this Department and cast a shadow on the fine work we do,” Diaz wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Diaz reminded CDCR employees of their duty to keep their private lives “unsullied,” and suggested they all review the \u003c/span>\u003ca href=\"https://www.theiacp.org/resources/law-enforcement-code-of-ethics\">\u003cspan style=\"font-weight: 400\">Law Enforcement Code of Ethics\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>In response to KQED’s request for comment, \u003cspan style=\"font-weight: 400\">CDCR spokesperson \u003c/span>Simas wrote that Diaz’s memo and the disciplinary actions taken by the department “exemplify” the department’s commitment to racial equity and justice. Diaz retired in September 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We also require annual training on discrimination related policies, and strive to ensure there is proper accountability and expectations for our staff both at work and in the community,” Simas wrote.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas would not say whether the department had reviewed the treatment of Black people in custody by Sanchez and Priester.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A CDCR employee, who didn’t want to be named because she fears retaliation, said the discipline displays the agency’s bias.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They make an antisemitic joke, and they get fired. But they make a joke about an African American person, and they either don’t get suspended or just get suspended,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey, in the CDCR’s Office of Correctional Education, and her colleague, Sebrena Lindsay, were among the employees who received the memo from Diaz, but they saw it as a missed opportunity for the administration to reach out to Black staff and see how they were doing.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We were hurting as a community of employees,” Lindsay said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In response, Dorsey, Lindsay and other Black co-workers \u003ca href=\"https://drive.google.com/file/d/1HA1nX6KVTMiw0_twKrs4saBu2oYnI6pY/view?usp=sharing\">sent their own letter\u003c/a>, calling out the agency for failing to hire, promote and support Black employees. They also included a list of specific action items the agency could take to increase pay equity and representation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges,” the letter said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One of the key requests they made was for an independent audit of hirings and promotions so the agency could gather data on its own practices and reveal whether there was bias. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“You really can’t fix the problem if you can’t acknowledge the problem,” another CDCR employee, who requested anonymity because they fear retaliation, told KQED. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an email, Simas said that CDCR has improved recruitment and outreach and increased diversity in hiring. The agency sent out recruitment advertisements featuring people who present as Black, Asian American and Muslim American, she noted. According to Simas, the agency also is adopting a diversity statement in job applications, and it sent all CDCR executives and managers to implicit bias training beginning in late 2020.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents released by CDCR show Diaz’s memo also was part of the justification for disciplining a Black correctional officer in Los Angeles for anti-white racism in August 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When Carl Holmes arrived for his shift at California State Prison, Los Angeles County, he was upset by a “thin blue line” flag hanging in the gymnasium. Holmes said \u003ca href=\"https://www.documentcloud.org/documents/21424264-s-lac-406-20-d_-_holmes__c_-_noaa\">the flag was offensive to him as a Black man\u003c/a> and to the Black Lives Matter movement, according to documents.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents say that an administrative officer “addressed” Holmes’s concerns about the flag, but do not reveal how. The records also state that the “blue line symbolizes police officers shot and killed in the line of duty,” while failing to acknowledge that the imagery has other connotations and has even been \u003c/span>\u003ca href=\"https://www.sfexaminer.com/news/sfs-top-cop-banned-thin-blue-line-masks-now-the-police-union-is-selling-them/\">banned by some police chiefs\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas did not respond to questions about how the department views the flag.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A white officer asked Holmes if he was OK, and Holmes, according to the recollection of the officer, said, “All police and white people are racist pigs and that flag out there, that I have to look at every day makes me sick, and enraged and I’m not going to put up with them trying to talk me down about this,” documents say. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">CDCR cut Holmes’s pay by 5% for 24 pay periods — or two years. Holmes did not respond to emails and messages requesting comment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Since Dorsey and her colleagues sent their letter and proposed an action plan to the administration, they said the department hasn’t adopted any of the recommendations. Instead, she and Lindsay have been targeted, she claims.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas wrote in an email that leadership has continued to meet with Dorsey and her group and\u003c/span> that the department welcomes hearing about employees’ experiences “so that we can address their concerns collaboratively.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey and Lindsay say they aren’t afraid to speak out because they are near retirement and are committed to changing the culture for future employees. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They know they can’t intimidate us,” Dorsey said. “They could try. I’m not intimidated.” \u003c/span>\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>\u003cspan style=\"font-weight: 400\">As people across the country reacted to George Floyd’s killing by Minneapolis police in late May 2020, at least two state correctional officers, independently, posted racist comments on Facebook about Floyd’s death. \u003c/span>\u003c/p>\n\u003cp>And a Black correctional officer was disciplined for growing angry at co-workers over a “thin blue line” flag hanging in a state prison gymnasium in August 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These officers all were disciplined for breaking the agency’s discrimination policies, according to documents released to KQED by the California Department of Corrections and Rehabilitation under SB16, the expanded transparency law. \u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The records shed light for the first time on how the agency deals with racism among its employees. The documents contain racist and antisemitic language and imagery. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the wake of the incidents, a group of Black CDCR employees has been pushing the department to \u003ca href=\"https://www.sacbee.com/article246896837.html\">make hiring and promotional practices more fair and equitable\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Nothing has changed, not a thing,” said Sharonya Reene Dorsey, an analyst for the CDCR’s Office of Correctional Education.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\"> CDCR spokesperson Dana Simas wrote in an email that leadership has taken concrete steps to improve recruitment, outreach and diversity in hiring. Simas wrote that the department has zero tolerance for discrimination, “and we work hard to ensure racial equity and justice.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On May 28, 2020, Joshua Priester, a white correctional officer at Folsom State Prison, commented after a Facebook user shared an article with the headline “\u003c/span>\u003ca href=\"https://www.tmz.com/videos/052720-george-floyd-security-footage-4791146-0-dzljqi2r/\">\u003cspan style=\"font-weight: 400\">Surveillance Footage Shows George Floyd Moments Before Killing, He’s Not Resisting\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He [Floyd] was not a very good person one less loser,” Priester wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to the documents released by CDCR, Priester argued with two people with whom he’d attended the correctional academy. One user suggested that if Floyd were white, he would not have been killed by police officers because he would have been at work. \u003ca href=\"https://www.documentcloud.org/documents/21424263-hn-fol-360-20-s_-_priester__j_-_second_amended_noaa\">The full exchange is available here. \u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department suspended Priester for 60 days for his comments, and for sharing another image of Floyd’s arrest on his Facebook page. As of Tuesday, the image remained up on Priester’s page.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908386\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11908386\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png\" alt=\"The screenshot of the meme shows a police officer kneeling on a man's neck and below an individual striking another in the head.\" width=\"800\" height=\"854\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-1020x1089.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-160x171.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png 1414w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Joshua Priester worked as a correctional officer at Folsom State Prison when he posted the above image on Facebook three days after George Floyd’s death. \u003ccite>(Screenshot from Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Priester did not reply to emails and messages requesting comment, and his union, the California Correctional Peace Officers Association, did not respond to emails and calls requesting comment. CDCR did not say whether Priester appealed his suspension. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A day earlier, on May 27, 2020, Matthew Sanchez, an officer at the California Correctional Institution in Tehachapi, \u003ca href=\"https://www.documentcloud.org/documents/21424265-s-cci-243-20-d_-_sanchez__m_-_noaa\">commented on a post about Floyd’s arrest\u003c/a>, according to the records.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How the fuck do you shout when you’re be [sic] choked?” Sanchez wrote, including a laughing emoji in the post. “If you’re actually being choked you can’t talk.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When another commenter objected, Sanchez, using emojis and a texting abbreviation, fired back, “did you bring your feelings to Facebook? I got one for you. What’s the difference between Jews and boy scouts? Boy scouts come back from their camps. Lmk when you’re ready for another one.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department dismissed Sanchez. CDCR would not say whether Sanchez appealed his firing. Sanchez couldn’t be reached for comment, and his former union did not respond to our inquiries.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">By May 29, 2020, word of the officers’ racist posts had reached Ralph Diaz, CDCR’s former secretary, who sent out a memo to all employees calling the posts “\u003ca href=\"https://www.mercurynews.com/2020/05/29/ca-prison-staff-posted-racist-and-extremely-hurtful-comments-about-george-floyds-killing-cdcr-secretary-says/\">extremely hurtful and disrespectful.\u003c/a>” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“To say I was upset to learn of these comments would be an understatement – those who engaged in such behavior have brought dishonor to this Department and cast a shadow on the fine work we do,” Diaz wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Diaz reminded CDCR employees of their duty to keep their private lives “unsullied,” and suggested they all review the \u003c/span>\u003ca href=\"https://www.theiacp.org/resources/law-enforcement-code-of-ethics\">\u003cspan style=\"font-weight: 400\">Law Enforcement Code of Ethics\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>In response to KQED’s request for comment, \u003cspan style=\"font-weight: 400\">CDCR spokesperson \u003c/span>Simas wrote that Diaz’s memo and the disciplinary actions taken by the department “exemplify” the department’s commitment to racial equity and justice. Diaz retired in September 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We also require annual training on discrimination related policies, and strive to ensure there is proper accountability and expectations for our staff both at work and in the community,” Simas wrote.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas would not say whether the department had reviewed the treatment of Black people in custody by Sanchez and Priester.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A CDCR employee, who didn’t want to be named because she fears retaliation, said the discipline displays the agency’s bias.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They make an antisemitic joke, and they get fired. But they make a joke about an African American person, and they either don’t get suspended or just get suspended,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey, in the CDCR’s Office of Correctional Education, and her colleague, Sebrena Lindsay, were among the employees who received the memo from Diaz, but they saw it as a missed opportunity for the administration to reach out to Black staff and see how they were doing.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We were hurting as a community of employees,” Lindsay said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In response, Dorsey, Lindsay and other Black co-workers \u003ca href=\"https://drive.google.com/file/d/1HA1nX6KVTMiw0_twKrs4saBu2oYnI6pY/view?usp=sharing\">sent their own letter\u003c/a>, calling out the agency for failing to hire, promote and support Black employees. They also included a list of specific action items the agency could take to increase pay equity and representation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges,” the letter said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One of the key requests they made was for an independent audit of hirings and promotions so the agency could gather data on its own practices and reveal whether there was bias. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“You really can’t fix the problem if you can’t acknowledge the problem,” another CDCR employee, who requested anonymity because they fear retaliation, told KQED. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an email, Simas said that CDCR has improved recruitment and outreach and increased diversity in hiring. The agency sent out recruitment advertisements featuring people who present as Black, Asian American and Muslim American, she noted. According to Simas, the agency also is adopting a diversity statement in job applications, and it sent all CDCR executives and managers to implicit bias training beginning in late 2020.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents released by CDCR show Diaz’s memo also was part of the justification for disciplining a Black correctional officer in Los Angeles for anti-white racism in August 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When Carl Holmes arrived for his shift at California State Prison, Los Angeles County, he was upset by a “thin blue line” flag hanging in the gymnasium. Holmes said \u003ca href=\"https://www.documentcloud.org/documents/21424264-s-lac-406-20-d_-_holmes__c_-_noaa\">the flag was offensive to him as a Black man\u003c/a> and to the Black Lives Matter movement, according to documents.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents say that an administrative officer “addressed” Holmes’s concerns about the flag, but do not reveal how. The records also state that the “blue line symbolizes police officers shot and killed in the line of duty,” while failing to acknowledge that the imagery has other connotations and has even been \u003c/span>\u003ca href=\"https://www.sfexaminer.com/news/sfs-top-cop-banned-thin-blue-line-masks-now-the-police-union-is-selling-them/\">banned by some police chiefs\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas did not respond to questions about how the department views the flag.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A white officer asked Holmes if he was OK, and Holmes, according to the recollection of the officer, said, “All police and white people are racist pigs and that flag out there, that I have to look at every day makes me sick, and enraged and I’m not going to put up with them trying to talk me down about this,” documents say. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">CDCR cut Holmes’s pay by 5% for 24 pay periods — or two years. Holmes did not respond to emails and messages requesting comment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Since Dorsey and her colleagues sent their letter and proposed an action plan to the administration, they said the department hasn’t adopted any of the recommendations. Instead, she and Lindsay have been targeted, she claims.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas wrote in an email that leadership has continued to meet with Dorsey and her group and\u003c/span> that the department welcomes hearing about employees’ experiences “so that we can address their concerns collaboratively.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey and Lindsay say they aren’t afraid to speak out because they are near retirement and are committed to changing the culture for future employees. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They know they can’t intimidate us,” Dorsey said. “They could try. I’m not intimidated.” \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "USF President Says School Didn't Tolerate Coaches' Alleged Sexual Misconduct. Players' Attorney Says That's Exactly What It Did",
"title": "USF President Says School Didn't Tolerate Coaches' Alleged Sexual Misconduct. Players' Attorney Says That's Exactly What It Did",
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"content": "\u003cp>The University of San Francisco's highly ranked men's basketball team will play in the \u003ca href=\"https://www.ncaa.com/march-madness-live/bracket\">NCAA \"March Madness\u003c/a>\" playoffs this month for the first time since 1998. But campus jubilation at the Dons' success on the court is tempered this week by an emerging scandal involving the men's baseball team.\u003c/p>\n\u003cp>In January, associate baseball coach Troy Nakamura was fired after complaints of wildly inappropriate and sexually graphic language and behavior. Head coach Nino Giarratano was initially reprimanded but allowed to remain. But he, too, was fired on Sunday, \u003ca href=\"https://www.sfchronicle.com/sports/college/article/USF-baseball-coach-fired-after-ex-players-16998516.php\">following a lawsuit filed against Nakamura, Giarratano, USF and the NCAA\u003c/a>.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.lieffcabraser.com/pdf/USF-NCAA-Complaint-20220311-stamped.pdf\">the 113-page class-action lawsuit\u003c/a> filed on Friday in a federal court in San Francisco, three former baseball players allege that USF knew about the coaches' alleged problematic behavior, and that USF and the NCAA failed to protect the health and safety of student athletes who they say were exposed to an \"intolerable sexualized environment\" that was allowed to continue under Giarratano, who has been at USF for over 20 years.\u003c/p>\n\u003cp>According to the complaint, the coaches \"created a culture where, in the light of the day, it was 'normal' to see Coach [Nakamura] naked on the field or in a window, swinging his penis in a helicopter fashion while the entire team — and Coach [Giarratano] — watched.\" According to \u003ca href=\"https://www.sfchronicle.com/sports/college/article/Intolerable-sexualized-environment-Ex-USF-16994972.php\">reporting from The San Francisco Chronicle\u003c/a>, Nakamura was seen mingling with coaches at a practice last week, nearly two months after he was fired.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Julia Morales, USF junior\"]'I think the most surprising thing to us was that it took so long for something to happen. It took, what ... months for someone to actually be fired like the head coach and not just be reprimanded?'[/pullquote]In an interview with KQED, USF President Rev. Paul Fitzgerald said at this point the school is focused on helping players cope with the situation.\u003c/p>\n\u003cp>\"Our first concern right now is for the current members of the team,\" Fitzgerald said. \"So we're prioritizing their access to mental health counseling and speaking directly to their parents. Their parents are concerned about their sons and their overall well-being, as are we.\"\u003c/p>\n\u003cp>Fitzgerald dismissed the notion that Giarratano's firing was prompted by the filing of the class-action lawsuit, and instead pinned it on letting Nakamura attend practice last week.\u003c/p>\n\u003cp>\"The class-action lawsuit was not the reason why we terminated the head coach,\" Fitzgerald said. \"We terminated the head coach because he allowed the former assistant coach [Nakamura] back onto the field. And our former assistant coach had no business being on the field with our athletes, with our coaches.\"\u003c/p>\n\u003cp>But Elizabeth Fegan, one of the attorneys representing the three former baseball players, isn't buying that.\u003c/p>\n\u003cp>“I find it particularly galling that President Fitzgerald is trying to overlook the larger issues of abuse of student-athletes on his watch in recasting why he fired Coach Giarratano,\" she said in a statement to KQED.\u003c/p>\n\u003cp>\"This is nothing more than debate intended to shirk responsibility – I would think he should be more concerned about being transparent about what happened to allow the coaches’ abhorrent behavior to grow and fester within the baseball program.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>USF student Julia Morales, a junior biology major who participates on the track team, told KQED she and her fellow students wonder why it took the school so long to act after receiving complaints about the atmosphere around the baseball team.\u003c/p>\n\u003cp>\"I think the most surprising thing to us was that it took so long for something to happen, or for any information to be put out there,\" she said.\u003c/p>\n\u003cp>\"And now that an article has been published and people are finding out that all of this has happened,\" Morales said, \u003ca href=\"https://www.sfchronicle.com/sports/college/article/Intolerable-sexualized-environment-Ex-USF-16994972.php\">referencing the Chronicle's reporting\u003c/a>, \"and it took, what ... months later for someone to actually be fired like the head coach and not just be reprimanded? It was concerning that it took this much time and effort to make something happen.\"\u003c/p>\n\u003cp>When told of Morales's concerns, Fitzgerald said, \"I'm proud of that student for her moral outrage at the mistreatment of any student by a coach at USF or at any school. So I think her heart and her mind are in exactly the right place.\"\u003c/p>\n\u003cfigure id=\"attachment_11908332\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"size-full wp-image-11908332\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-scaled.jpg\" alt=\"profile of Jesuit reverend with cityscape in background\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">USF President Rev. Paul Fitzgerald \u003ccite>(Courtesy USF)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to the lawsuit, the mother of one of the baseball players sent an email to, and left numerous voicemails for, USF's athletic director in May 2021, saying \"that she was concerned 'with the culture of the baseball program,' 'the constant bullying, harassment, and intimidation' of her son, and the 'sexual misconduct by coach [Nakamura].'\" Those phone calls and emails, she said, were never returned, and the player believed the athletic director simply shared his mother's complaint with the coaches, \"because the abuse escalated and continued throughout the summer of 2021,\" the lawsuit says.\u003c/p>\n\u003cp>Fitzgerald, however, denied that the school tried to downplay or tolerate the alleged behavior.\u003c/p>\n\u003cp>\"We're not going to sweep things under the rug once any bad behavior becomes known,\" Fitzgerald said. \"You know, we act on it. We act decisively ... to maintain and improve the culture of every one of our sports programs.\"\u003c/p>\n\u003cp>But that's what the school did, counters attorney Fegan.\u003c/p>\n\u003cp>\"It is apparent to anyone who looked at this issue that, for whatever reason, the school ignored the pleas of parents about Coach Giarratano’s program. Willful ignorance will not carry much weight when it comes to trial,” she said.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='sexual-misconduct']Asked whether he was reflecting on whether USF might have handled allegations against the baseball coaches better, Fitzgerald said, \"We always want to learn from unfortunate incidences. You know, our primary task is prevention. So a lot of trainings, a lot of education. We recently hired a second \u003ca href=\"https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html\">Title IX\u003c/a> officer, and her primary responsibility is training within the athletic department. And we want all of our student athletes to know that they're in a safe environment.\"\u003c/p>\n\u003cp>Fitzgerald said he wants students to feel empowered to report troubling or inappropriate behavior.\u003c/p>\n\u003cp>\"And we have multiple venues, multiple avenues, including [an] anonymous whistleblower hotline for anyone to make a complaint. And that's the most important thing that anyone can do is to raise a concern. And then we'll be very consequent in our investigation and in a follow-up,\" he said.\u003c/p>\n\u003cp>This is not the first time USF sports have been enveloped in sex-related allegations. As \u003ca href=\"https://www.si.com/college/2021/09/30/usf-mens-soccer-sexual-assault-and-harassment-reckoning-daily-cover\">Sports Illustrated reported\u003c/a> in a comprehensive article just five months ago, several players on the USF men's soccer team were accused of sexual misconduct, including rape of a female student. A public outcry prompted USF to investigate the allegations, but critics said the school tolerated the behavior for too long.\u003c/p>\n\u003cp>\u003cem>KQED's David Marks contributed to this story.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The University of San Francisco's highly ranked men's basketball team will play in the \u003ca href=\"https://www.ncaa.com/march-madness-live/bracket\">NCAA \"March Madness\u003c/a>\" playoffs this month for the first time since 1998. But campus jubilation at the Dons' success on the court is tempered this week by an emerging scandal involving the men's baseball team.\u003c/p>\n\u003cp>In January, associate baseball coach Troy Nakamura was fired after complaints of wildly inappropriate and sexually graphic language and behavior. Head coach Nino Giarratano was initially reprimanded but allowed to remain. But he, too, was fired on Sunday, \u003ca href=\"https://www.sfchronicle.com/sports/college/article/USF-baseball-coach-fired-after-ex-players-16998516.php\">following a lawsuit filed against Nakamura, Giarratano, USF and the NCAA\u003c/a>.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.lieffcabraser.com/pdf/USF-NCAA-Complaint-20220311-stamped.pdf\">the 113-page class-action lawsuit\u003c/a> filed on Friday in a federal court in San Francisco, three former baseball players allege that USF knew about the coaches' alleged problematic behavior, and that USF and the NCAA failed to protect the health and safety of student athletes who they say were exposed to an \"intolerable sexualized environment\" that was allowed to continue under Giarratano, who has been at USF for over 20 years.\u003c/p>\n\u003cp>According to the complaint, the coaches \"created a culture where, in the light of the day, it was 'normal' to see Coach [Nakamura] naked on the field or in a window, swinging his penis in a helicopter fashion while the entire team — and Coach [Giarratano] — watched.\" According to \u003ca href=\"https://www.sfchronicle.com/sports/college/article/Intolerable-sexualized-environment-Ex-USF-16994972.php\">reporting from The San Francisco Chronicle\u003c/a>, Nakamura was seen mingling with coaches at a practice last week, nearly two months after he was fired.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In an interview with KQED, USF President Rev. Paul Fitzgerald said at this point the school is focused on helping players cope with the situation.\u003c/p>\n\u003cp>\"Our first concern right now is for the current members of the team,\" Fitzgerald said. \"So we're prioritizing their access to mental health counseling and speaking directly to their parents. Their parents are concerned about their sons and their overall well-being, as are we.\"\u003c/p>\n\u003cp>Fitzgerald dismissed the notion that Giarratano's firing was prompted by the filing of the class-action lawsuit, and instead pinned it on letting Nakamura attend practice last week.\u003c/p>\n\u003cp>\"The class-action lawsuit was not the reason why we terminated the head coach,\" Fitzgerald said. \"We terminated the head coach because he allowed the former assistant coach [Nakamura] back onto the field. And our former assistant coach had no business being on the field with our athletes, with our coaches.\"\u003c/p>\n\u003cp>But Elizabeth Fegan, one of the attorneys representing the three former baseball players, isn't buying that.\u003c/p>\n\u003cp>“I find it particularly galling that President Fitzgerald is trying to overlook the larger issues of abuse of student-athletes on his watch in recasting why he fired Coach Giarratano,\" she said in a statement to KQED.\u003c/p>\n\u003cp>\"This is nothing more than debate intended to shirk responsibility – I would think he should be more concerned about being transparent about what happened to allow the coaches’ abhorrent behavior to grow and fester within the baseball program.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>USF student Julia Morales, a junior biology major who participates on the track team, told KQED she and her fellow students wonder why it took the school so long to act after receiving complaints about the atmosphere around the baseball team.\u003c/p>\n\u003cp>\"I think the most surprising thing to us was that it took so long for something to happen, or for any information to be put out there,\" she said.\u003c/p>\n\u003cp>\"And now that an article has been published and people are finding out that all of this has happened,\" Morales said, \u003ca href=\"https://www.sfchronicle.com/sports/college/article/Intolerable-sexualized-environment-Ex-USF-16994972.php\">referencing the Chronicle's reporting\u003c/a>, \"and it took, what ... months later for someone to actually be fired like the head coach and not just be reprimanded? It was concerning that it took this much time and effort to make something happen.\"\u003c/p>\n\u003cp>When told of Morales's concerns, Fitzgerald said, \"I'm proud of that student for her moral outrage at the mistreatment of any student by a coach at USF or at any school. So I think her heart and her mind are in exactly the right place.\"\u003c/p>\n\u003cfigure id=\"attachment_11908332\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"size-full wp-image-11908332\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-scaled.jpg\" alt=\"profile of Jesuit reverend with cityscape in background\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/4.21.16-Paul-Fitzgerald-0856-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">USF President Rev. Paul Fitzgerald \u003ccite>(Courtesy USF)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to the lawsuit, the mother of one of the baseball players sent an email to, and left numerous voicemails for, USF's athletic director in May 2021, saying \"that she was concerned 'with the culture of the baseball program,' 'the constant bullying, harassment, and intimidation' of her son, and the 'sexual misconduct by coach [Nakamura].'\" Those phone calls and emails, she said, were never returned, and the player believed the athletic director simply shared his mother's complaint with the coaches, \"because the abuse escalated and continued throughout the summer of 2021,\" the lawsuit says.\u003c/p>\n\u003cp>Fitzgerald, however, denied that the school tried to downplay or tolerate the alleged behavior.\u003c/p>\n\u003cp>\"We're not going to sweep things under the rug once any bad behavior becomes known,\" Fitzgerald said. \"You know, we act on it. We act decisively ... to maintain and improve the culture of every one of our sports programs.\"\u003c/p>\n\u003cp>But that's what the school did, counters attorney Fegan.\u003c/p>\n\u003cp>\"It is apparent to anyone who looked at this issue that, for whatever reason, the school ignored the pleas of parents about Coach Giarratano’s program. Willful ignorance will not carry much weight when it comes to trial,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Asked whether he was reflecting on whether USF might have handled allegations against the baseball coaches better, Fitzgerald said, \"We always want to learn from unfortunate incidences. You know, our primary task is prevention. So a lot of trainings, a lot of education. We recently hired a second \u003ca href=\"https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html\">Title IX\u003c/a> officer, and her primary responsibility is training within the athletic department. And we want all of our student athletes to know that they're in a safe environment.\"\u003c/p>\n\u003cp>Fitzgerald said he wants students to feel empowered to report troubling or inappropriate behavior.\u003c/p>\n\u003cp>\"And we have multiple venues, multiple avenues, including [an] anonymous whistleblower hotline for anyone to make a complaint. And that's the most important thing that anyone can do is to raise a concern. And then we'll be very consequent in our investigation and in a follow-up,\" he said.\u003c/p>\n\u003cp>This is not the first time USF sports have been enveloped in sex-related allegations. As \u003ca href=\"https://www.si.com/college/2021/09/30/usf-mens-soccer-sexual-assault-and-harassment-reckoning-daily-cover\">Sports Illustrated reported\u003c/a> in a comprehensive article just five months ago, several players on the USF men's soccer team were accused of sexual misconduct, including rape of a female student. A public outcry prompted USF to investigate the allegations, but critics said the school tolerated the behavior for too long.\u003c/p>\n\u003cp>\u003cem>KQED's David Marks contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"id": "baycurious",
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"tagline": "Exploring the Bay Area, one question at a time",
"info": "KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.",
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},
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},
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"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
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"order": 8
},
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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"order": 1
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
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"order": 9
},
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
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"how-i-built-this": {
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"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"hyphenacion": {
"id": "hyphenacion",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"order": 15
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"order": 18
},
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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"source": "npr"
},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
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},
"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
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}
},
"morning-edition": {
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