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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>President Biden \u003ca href=\"https://www.whitehouse.gov/KBJ/\">has selected Judge Ketanji Brown Jackson\u003c/a> as his Supreme Court nominee to fill the seat left \u003ca href=\"https://www.npr.org/2022/01/27/1076091746/supreme-court-justice-breyer-retire-announce-biden-white-house\">when Judge Stephen Breyer retires\u003c/a> this summer.\u003c/p>\n\u003cp>At a White House event Friday introducing Jackson, Biden described her as a consensus-builder with a “pragmatic understanding that the law much work for the American people.”\u003c/p>\n\u003cp>Jackson, 51, has led a professional and personal life at once classic and unpredictable. Unlike most judges, her background is not as a prosecutor or major corporate lawyer, and her personal life also defies stereotypes.\u003c/p>\n\u003cp>Professionally, she is an experienced judge. For eight years, she served as a federal trial court judge and last June was confirmed for a seat on the U.S. Court of Appeals for the District of Columbia.\u003c/p>\n\u003cp>Prior to her becoming a judge, her legal experience was extensive and varied. While four members of the current court were at one time prosecutors, Jackson, if nominated, would be the first Supreme Court justice since Thurgood Marshall to have represented indigent criminal defendants.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At the White House event, Jackson opened her remarks by saying she was humbled by the nomination, noting that it came at a time when there was a lot going on in the world.\u003c/p>\n\u003cp>“I must begin these very brief remarks by thanking God for delivering me to this point in my professional journey,” she said. “My life has been blessed beyond measure and I do know that one can only come this far by faith.”\u003c/p>\n\u003cp>Later, she noted she shares a birthday with Constance Baker Motley, \u003ca href=\"https://www.npr.org/sections/codeswitch/2022/02/03/248994291/the-life-of-a-civil-rights-queen\">the first Black woman ever to be appointed as a federal judge\u003c/a>. Jackson said she stands on her shoulders and shares her commitment to equal justice under the law. “I can only hope that my life and career, my love of this country and the Constitution … will inspire future generations of Americans,” Jackson said.\u003c/p>\n\u003cp>News of Jackson’s nomination was cheered by California senators Alex Padilla and Dianne Feinstein, both of whom sit on the Senate Judiciary Committee.\u003c/p>\n\u003cp>“President Biden has made an exceptional choice with his historic nomination,” Padilla said in a statement. “Throughout her career as a public defender, a member of the U.S. Sentencing Commission, and a federal judge, Judge Jackson has consistently demonstrated a commitment to equal justice under law, respect for the Constitution, and a clear understanding of the impact that the law can have on ordinary Americans.”\u003c/p>\n\u003cp>“Judge Jackson is an experienced jurist and an outstanding nominee,” said Feinstein in a statement. “She embodies President Biden’s commitment to ensuring that the federal judiciary is representative of America as a whole.”\u003c/p>\n\u003ch2>Work as a public defender\u003c/h2>\n\u003cp>In addition to her work as a public defender, Jackson practiced at law firms large and small and served as vice chair of the U.S. Sentencing Commission at a time when it sought to reduce the draconian penalties for crack cocaine, penalties that were 100 times more severe than for powder cocaine. At the Sentencing Commission, she earned a reputation for building consensus, and most of the panel’s decisions were unanimous.\u003c/p>\n\u003cp>For Jackson, sentencing was not an abstract matter. One uncle is a former Miami police chief; another was a sex crimes detective; and her younger brother was a Baltimore police undercover agent. But her family also has had experience with the scourge of drugs. Her father’s older brother was sentenced to life in prison under a federal three-strikes law aimed at repeat drug offenders.\u003c/p>\n\u003cp>After more than 15 years behind bars, he contacted Jackson, by then a public defender, seeking help. According to The Washington Post, Jackson felt sympathy for her uncle, but saw no legal options for him at the time. Later, though, after learning that the law firm of Wilmer Hale was handling clemency cases free of charge, she referred her uncle to the firm. The Post quoted Wilmer Hale as saying that the case was referred “years before Judge Jackson became a federal judge” and that “she had no further involvement in the matter.” Eventually, the uncle would be one of 1,700 people whose sentences for nonviolent drug crimes were commuted by President Barack Obama, more than the past 12 presidents combined. By the time of the uncle’s release, he was 78 and in poor health. He died four months later, according to the Post.\u003c/p>\n\u003ch2>Trump-era record\u003c/h2>\n\u003cp>In 2012, Jackson was nominated for a seat on the federal trial court. Her confirmation went smoothly, with numerous lawyers on the right, as well as the left, supporting the nomination. She was confirmed for the trial court by a voice vote in 2013.\u003c/p>\n\u003cp>As a trial judge, Jackson earned a reputation for hard work, a raucous laugh and more than 500 opinions, some of them noteworthy not just for the outcome but their length.\u003c/p>\n\u003cp>Perhaps the most prominent was an opinion ordering President Trump’s former White House counsel Don McGahn to appear before the House Judiciary Committee to testify in its investigation into allegations of Russian interference in the 2016 elections. In it, she wrote, “Presidents are not kings. This means that they do not have subjects bound by loyalty or blood, whose destiny they are entitled to control.” But the opinion, which numbered some 119 pages, took four months to write, allowing Trump to essentially run out the clock as president. Ultimately, McGahn did testify before the committee in 2021 after the Justice Department, by then under control of the Biden administration, and the committee reached an agreement on the terms of his testimony.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='u-s-supreme-court']In 2018 Jackson, in another decision against Trump, ruled in favor of federal employee unions that were contesting several executive orders limiting the collective bargaining rights of federal workers. A federal appeals court panel reversed her decision on grounds that the unions had to pursue their claims first through an agency administrative process, and only after that, the appeals court said, could the unions go to federal court.\u003c/p>\n\u003cp>In another Trump-era case, Jackson sided with the administration, concluding that the Department of Homeland Security could waive more than two dozen environmental laws in order to construct a segment of the wall along the U.S. border with Mexico.\u003c/p>\n\u003ch2>Grilled by Senate Republicans on race\u003c/h2>\n\u003cp>Jackson’s nomination to the D.C. Circuit also went relatively smoothly after she was nominated by President Biden last year. Still, she got quite a grilling from some conservative senators on the Judiciary Committee. Sen. Josh Hawley, R-Mo., for instance, asked her this question: “Do you think that the U.S. criminal justice system is systemically racist or is infected with systematic racism and bias?”\u003c/p>\n\u003cp>“Those are not terms that I use in the law when we look at issues of race,” she replied, adding that in examining whether there has been race discrimination, courts “will generally look for attorneys to prove up discriminatory intent, discriminatory impact, in some cases, retaliation. There is no Supreme Court doctrine that speaks to systemic racism,” and those “aren’t words that I’ve ever used in a court of law to make claims based under the constitution or the applicable statutes. ”\u003c/p>\n\u003cp>Sen. Ted Cruz, R-Texas, asked her about her representation of clients in a case involving prisoners at Guantánamo Bay. Jackson said she filed a friend-of-the-court brief, representing 20 former federal judges who wanted to make the point that evidence obtained by torture would not have been accepted by the English courts in the system of common law that is the basis for ours. Cruz pressed further, asking her what led her to take on the case. She replied that she worked in a big firm and was assigned to represent the firm’s clients, who, in this case, were a group of judges.\u003c/p>\n\u003cp>When Sen. Tom Cotton, R-Ark., similarly challenged her about the case, she noted that at the time she was assigned to work on it, her brother was deployed to Iraq with the military. And in a follow-up written answer, she said that she was “keenly aware” of the threat posed by the 9/11 attack.\u003c/p>\n\u003cp>In the end, she was confirmed by a vote of 53-44, with three Republican senators supporting her — Susan Collins, Lisa Murkowski and the Judiciary Committee ranking Republican, Lindsey Graham.\u003c/p>\n\u003cp>On the appeals court, she most recently was part of a unanimous panel that upheld a congressional subpoena for White House records related to the Jan. 6 riots. When Trump appealed to the Supreme Court, the justices left the lower court ruling intact.\u003c/p>\n\u003ch2>From Miami to Harvard\u003c/h2>\n\u003cp>Jackson was born in Washington, D.C., where her parents were schoolteachers. They soon moved to Miami, where her father went to law school and rose to become the school board’s top lawyer, while her mother became a school principal. One of her earliest memories of the law, she has said, was sitting next to her father in the evening while he studied law books and she worked on her coloring books.\u003c/p>\n\u003cp>In high school, Jackson was a national oratory champion, then graduated with honors from Harvard College and Harvard Law School, where she was an editor on the law review. She clerked for three federal judges, including Justice Breyer, the man she would replace.\u003c/p>\n\u003cp>Jackson met her husband, Patrick Jackson, when the two were at Harvard College. He was, she says, her first “serious boyfriend” and has remained that ever since. They have two daughters.\u003c/p>\n\u003cp>At first blush, they look like an improbable couple.\u003c/p>\n\u003cp>As she put it in a charming — and candid — speech at the University of Georgia law school \u003ca href=\"https://digitalcommons.law.uga.edu/lectures_pre_arch_lectures_house/41/\">in March 2017\u003c/a>, “Patrick is a quintessential ‘Boston Brahmin’ — his family can be traced back to England before the Mayflower. … He and his twin brother are, in fact, the sixth generation in their family to graduate from Harvard College. By contrast, I am only the second generation in my family to go to \u003cem>any\u003c/em> college, and I am fairly certain that if you traced my family lineage back past my grandparents — who were raised in Georgia, by the way — you would find that my ancestors were slaves on both sides.”\u003c/p>\n\u003cp>Federal Judge Patti Saris, who hired Jackson as a law clerk straight out of law school, recalls her husband, who now looks full-on prep, as less so back then. At the time, he was a surgical resident at Massachusetts General Hospital, but he was so fascinated by his wife’s work he would often go to the courtroom after a long night on call to watch what was going on. As Saris remembers, the young doctor had often been up for 24-plus hours and looked incredibly scruffy, sitting in the back of the courtroom. Finally, one day, the judge’s courtroom marshal came up to her and whispered, “Judge, would you like me to remove the homeless man in the back row?”\u003c/p>\n\u003cp>The doctor, a star in the surgical world today, is the first to toot his wife’s horn.\u003c/p>\n\u003cp>Judge Brown said in that Georgia speech that being a federal judge was always her “dream job.” But after Obama nominated her in 2012, actually getting that job depended entirely on events beyond her control, namely Obama’s reelection.\u003c/p>\n\u003cp>“And when you add to that,” she said, “the fact that I am related by marriage to … Paul Ryan [then the House speaker], who was at that point running for vice president against President Obama, you can get the sense of what that period was like for me.”\u003c/p>\n\u003cp>As difficult as that confirmation may have seemed at the time, it may in hindsight be something of a picnic compared to what she is likely to face her as a nominee to the U.S. Supreme Court.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003cbr>\n\u003cem>KQED’s David Marks contributed to this story.\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Ketanji+Brown+Jackson%2C+Biden%27s+Supreme+Court+nominee%2C+has+blazed+trails+all+her+life+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the White House event, Jackson opened her remarks by saying she was humbled by the nomination, noting that it came at a time when there was a lot going on in the world.\u003c/p>\n\u003cp>“I must begin these very brief remarks by thanking God for delivering me to this point in my professional journey,” she said. “My life has been blessed beyond measure and I do know that one can only come this far by faith.”\u003c/p>\n\u003cp>Later, she noted she shares a birthday with Constance Baker Motley, \u003ca href=\"https://www.npr.org/sections/codeswitch/2022/02/03/248994291/the-life-of-a-civil-rights-queen\">the first Black woman ever to be appointed as a federal judge\u003c/a>. Jackson said she stands on her shoulders and shares her commitment to equal justice under the law. “I can only hope that my life and career, my love of this country and the Constitution … will inspire future generations of Americans,” Jackson said.\u003c/p>\n\u003cp>News of Jackson’s nomination was cheered by California senators Alex Padilla and Dianne Feinstein, both of whom sit on the Senate Judiciary Committee.\u003c/p>\n\u003cp>“President Biden has made an exceptional choice with his historic nomination,” Padilla said in a statement. “Throughout her career as a public defender, a member of the U.S. Sentencing Commission, and a federal judge, Judge Jackson has consistently demonstrated a commitment to equal justice under law, respect for the Constitution, and a clear understanding of the impact that the law can have on ordinary Americans.”\u003c/p>\n\u003cp>“Judge Jackson is an experienced jurist and an outstanding nominee,” said Feinstein in a statement. “She embodies President Biden’s commitment to ensuring that the federal judiciary is representative of America as a whole.”\u003c/p>\n\u003ch2>Work as a public defender\u003c/h2>\n\u003cp>In addition to her work as a public defender, Jackson practiced at law firms large and small and served as vice chair of the U.S. Sentencing Commission at a time when it sought to reduce the draconian penalties for crack cocaine, penalties that were 100 times more severe than for powder cocaine. At the Sentencing Commission, she earned a reputation for building consensus, and most of the panel’s decisions were unanimous.\u003c/p>\n\u003cp>For Jackson, sentencing was not an abstract matter. One uncle is a former Miami police chief; another was a sex crimes detective; and her younger brother was a Baltimore police undercover agent. But her family also has had experience with the scourge of drugs. Her father’s older brother was sentenced to life in prison under a federal three-strikes law aimed at repeat drug offenders.\u003c/p>\n\u003cp>After more than 15 years behind bars, he contacted Jackson, by then a public defender, seeking help. According to The Washington Post, Jackson felt sympathy for her uncle, but saw no legal options for him at the time. Later, though, after learning that the law firm of Wilmer Hale was handling clemency cases free of charge, she referred her uncle to the firm. The Post quoted Wilmer Hale as saying that the case was referred “years before Judge Jackson became a federal judge” and that “she had no further involvement in the matter.” Eventually, the uncle would be one of 1,700 people whose sentences for nonviolent drug crimes were commuted by President Barack Obama, more than the past 12 presidents combined. By the time of the uncle’s release, he was 78 and in poor health. He died four months later, according to the Post.\u003c/p>\n\u003ch2>Trump-era record\u003c/h2>\n\u003cp>In 2012, Jackson was nominated for a seat on the federal trial court. Her confirmation went smoothly, with numerous lawyers on the right, as well as the left, supporting the nomination. She was confirmed for the trial court by a voice vote in 2013.\u003c/p>\n\u003cp>As a trial judge, Jackson earned a reputation for hard work, a raucous laugh and more than 500 opinions, some of them noteworthy not just for the outcome but their length.\u003c/p>\n\u003cp>Perhaps the most prominent was an opinion ordering President Trump’s former White House counsel Don McGahn to appear before the House Judiciary Committee to testify in its investigation into allegations of Russian interference in the 2016 elections. In it, she wrote, “Presidents are not kings. This means that they do not have subjects bound by loyalty or blood, whose destiny they are entitled to control.” But the opinion, which numbered some 119 pages, took four months to write, allowing Trump to essentially run out the clock as president. Ultimately, McGahn did testify before the committee in 2021 after the Justice Department, by then under control of the Biden administration, and the committee reached an agreement on the terms of his testimony.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In 2018 Jackson, in another decision against Trump, ruled in favor of federal employee unions that were contesting several executive orders limiting the collective bargaining rights of federal workers. A federal appeals court panel reversed her decision on grounds that the unions had to pursue their claims first through an agency administrative process, and only after that, the appeals court said, could the unions go to federal court.\u003c/p>\n\u003cp>In another Trump-era case, Jackson sided with the administration, concluding that the Department of Homeland Security could waive more than two dozen environmental laws in order to construct a segment of the wall along the U.S. border with Mexico.\u003c/p>\n\u003ch2>Grilled by Senate Republicans on race\u003c/h2>\n\u003cp>Jackson’s nomination to the D.C. Circuit also went relatively smoothly after she was nominated by President Biden last year. Still, she got quite a grilling from some conservative senators on the Judiciary Committee. Sen. Josh Hawley, R-Mo., for instance, asked her this question: “Do you think that the U.S. criminal justice system is systemically racist or is infected with systematic racism and bias?”\u003c/p>\n\u003cp>“Those are not terms that I use in the law when we look at issues of race,” she replied, adding that in examining whether there has been race discrimination, courts “will generally look for attorneys to prove up discriminatory intent, discriminatory impact, in some cases, retaliation. There is no Supreme Court doctrine that speaks to systemic racism,” and those “aren’t words that I’ve ever used in a court of law to make claims based under the constitution or the applicable statutes. ”\u003c/p>\n\u003cp>Sen. Ted Cruz, R-Texas, asked her about her representation of clients in a case involving prisoners at Guantánamo Bay. Jackson said she filed a friend-of-the-court brief, representing 20 former federal judges who wanted to make the point that evidence obtained by torture would not have been accepted by the English courts in the system of common law that is the basis for ours. Cruz pressed further, asking her what led her to take on the case. She replied that she worked in a big firm and was assigned to represent the firm’s clients, who, in this case, were a group of judges.\u003c/p>\n\u003cp>When Sen. Tom Cotton, R-Ark., similarly challenged her about the case, she noted that at the time she was assigned to work on it, her brother was deployed to Iraq with the military. And in a follow-up written answer, she said that she was “keenly aware” of the threat posed by the 9/11 attack.\u003c/p>\n\u003cp>In the end, she was confirmed by a vote of 53-44, with three Republican senators supporting her — Susan Collins, Lisa Murkowski and the Judiciary Committee ranking Republican, Lindsey Graham.\u003c/p>\n\u003cp>On the appeals court, she most recently was part of a unanimous panel that upheld a congressional subpoena for White House records related to the Jan. 6 riots. When Trump appealed to the Supreme Court, the justices left the lower court ruling intact.\u003c/p>\n\u003ch2>From Miami to Harvard\u003c/h2>\n\u003cp>Jackson was born in Washington, D.C., where her parents were schoolteachers. They soon moved to Miami, where her father went to law school and rose to become the school board’s top lawyer, while her mother became a school principal. One of her earliest memories of the law, she has said, was sitting next to her father in the evening while he studied law books and she worked on her coloring books.\u003c/p>\n\u003cp>In high school, Jackson was a national oratory champion, then graduated with honors from Harvard College and Harvard Law School, where she was an editor on the law review. She clerked for three federal judges, including Justice Breyer, the man she would replace.\u003c/p>\n\u003cp>Jackson met her husband, Patrick Jackson, when the two were at Harvard College. He was, she says, her first “serious boyfriend” and has remained that ever since. They have two daughters.\u003c/p>\n\u003cp>At first blush, they look like an improbable couple.\u003c/p>\n\u003cp>As she put it in a charming — and candid — speech at the University of Georgia law school \u003ca href=\"https://digitalcommons.law.uga.edu/lectures_pre_arch_lectures_house/41/\">in March 2017\u003c/a>, “Patrick is a quintessential ‘Boston Brahmin’ — his family can be traced back to England before the Mayflower. … He and his twin brother are, in fact, the sixth generation in their family to graduate from Harvard College. By contrast, I am only the second generation in my family to go to \u003cem>any\u003c/em> college, and I am fairly certain that if you traced my family lineage back past my grandparents — who were raised in Georgia, by the way — you would find that my ancestors were slaves on both sides.”\u003c/p>\n\u003cp>Federal Judge Patti Saris, who hired Jackson as a law clerk straight out of law school, recalls her husband, who now looks full-on prep, as less so back then. At the time, he was a surgical resident at Massachusetts General Hospital, but he was so fascinated by his wife’s work he would often go to the courtroom after a long night on call to watch what was going on. As Saris remembers, the young doctor had often been up for 24-plus hours and looked incredibly scruffy, sitting in the back of the courtroom. Finally, one day, the judge’s courtroom marshal came up to her and whispered, “Judge, would you like me to remove the homeless man in the back row?”\u003c/p>\n\u003cp>The doctor, a star in the surgical world today, is the first to toot his wife’s horn.\u003c/p>\n\u003cp>Judge Brown said in that Georgia speech that being a federal judge was always her “dream job.” But after Obama nominated her in 2012, actually getting that job depended entirely on events beyond her control, namely Obama’s reelection.\u003c/p>\n\u003cp>“And when you add to that,” she said, “the fact that I am related by marriage to … Paul Ryan [then the House speaker], who was at that point running for vice president against President Obama, you can get the sense of what that period was like for me.”\u003c/p>\n\u003cp>As difficult as that confirmation may have seemed at the time, it may in hindsight be something of a picnic compared to what she is likely to face her as a nominee to the U.S. Supreme Court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003cbr>\n\u003cem>KQED’s David Marks contributed to this story.\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Ketanji+Brown+Jackson%2C+Biden%27s+Supreme+Court+nominee%2C+has+blazed+trails+all+her+life+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/ukraine_revised_022422a_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11906374\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/ukraine_revised_022422a_final.png\" alt='Cartoon: Russian President Vladimir Putin tears Ukraine out of the landscape. Caption is \"Piece Keeper.\"' width=\"1920\" height=\"1272\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-800x530.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-1020x676.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-160x106.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-1536x1018.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>In what could be the biggest war in Europe since World War II, \u003ca href=\"https://www.npr.org/live-updates/ukraine-russia-invasion-putin\">Russia invaded Ukraine on Thursday\u003c/a>, with airstrikes and ground battles taking place throughout the country.\u003c/p>\n\u003cp>Days earlier, Russian President Vladimir Putin claimed to be sending “peacekeeping” forces into Ukraine’s Donbas region, which borders Russia.\u003c/p>\n\u003cp>An invasion of the entire country began soon after.\u003c/p>\n\u003cp>Even though it is far away, \u003ca href=\"https://bit.ly/fioreukraineinvasion\">this war could have very real consequences for people in the U.S.\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/ukraine_revised_022422a_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11906374\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/ukraine_revised_022422a_final.png\" alt='Cartoon: Russian President Vladimir Putin tears Ukraine out of the landscape. Caption is \"Piece Keeper.\"' width=\"1920\" height=\"1272\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-800x530.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-1020x676.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-160x106.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ukraine_revised_022422a_final-1536x1018.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>In what could be the biggest war in Europe since World War II, \u003ca href=\"https://www.npr.org/live-updates/ukraine-russia-invasion-putin\">Russia invaded Ukraine on Thursday\u003c/a>, with airstrikes and ground battles taking place throughout the country.\u003c/p>\n\u003cp>Days earlier, Russian President Vladimir Putin claimed to be sending “peacekeeping” forces into Ukraine’s Donbas region, which borders Russia.\u003c/p>\n\u003cp>An invasion of the entire country began soon after.\u003c/p>\n\u003cp>Even though it is far away, \u003ca href=\"https://bit.ly/fioreukraineinvasion\">this war could have very real consequences for people in the U.S.\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "it-means-to-repair-what-you-should-know-about-reparations-for-black-californians",
"title": "'It Means to Repair': What You Should Know About Reparations for Black Californians",
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"content": "\u003cp>\u003cem>Updated Thursday, May 12\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003cstrong>\u003ca href=\"https://www.kqed.org/reparations\">Reparations in California\u003c/a>\u003c/strong> is a series of KQED stories exploring the road to racial equity in the state.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Skip straight to: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#definition\">What’s the definition of reparations?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#taskforce\">Why did California create a task force to study reparations?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#paidbefore\">Have reparations been paid before?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#talkingnow\">Why are we talking about reparations now when slavery ended so long ago?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#needed\">Are reparations needed?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#enterunion\">Didn’t California enter the union as a slavery-free state?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#owed\">What is owed and who is eligible?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#looklike\">What might reparations look like? And how will compensation be granted?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#cities\">Do California cities have their own reparations programs?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#happensafter\">What happens after the task force delivers its recommendations? And how can I participate?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>[dropcap]I[/dropcap] was born and raised in California, and I feel a certain pride to be a product of this state. I’ve even considered getting a tattoo of the California produce sticker, like the neon orange ones from my youth.\u003c/p>\n\u003cp>My mother, who self-identifies as an Italian Jew, grew up in the suburbs of Chicago. She arrived in California in the 1970s as a divorcée with a young child in tow — my brother. My father was raised in a Catholic family in rural Kerala, India. They had a mixed-faith and mixed-race marriage, but they found a home in California.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>My family benefited from government-subsidized housing in Palo Alto, one of the wealthiest cities in the country. My family story and personal trajectory could have been very different had either of my parents been Black.\u003c/p>\n\u003cp>That’s because the roots of racism run deep in this state.\u003c/p>\n\u003cp>That’s why I’ve been concentrating my reporting on the California Reparations Task Force, a nine-member body created to study and develop reparations proposals for Black Californians, with special consideration for descendants of those enslaved in the United States. The task force, which began conducting meetings in June 2021, is a result of \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3121\">Assembly Bill 3121\u003c/a>, a bill \u003ca href=\"https://www.kqed.org/news/11876194/first-in-the-us-californias-task-force-on-reparations-looks-at-harms-of-slavery\">written by Shirley Weber\u003c/a>, currently California’s secretary of state.\u003c/p>\n\u003cp>[aside postID=news_11876194 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/06/1920_GettyImages-941502582-1020x574.jpg']Academics, who have studied the various ways in which racism and white supremacy have created lasting inequities in the state, have testified before the task force, as have people who have been affected by that racism. The meetings are creating a necessary archive of California’s history that wasn’t taught in most schools.\u003c/p>\n\u003cp>I chose to cover the task force, not only because it’s groundbreaking and its recommendations could potentially serve as a model for the rest of the country, but also because the hearings are deeply moving. There’s a disconnect between who we say we are as Californians and what we do in practice. We should unpack the history of this state and reexamine it in a way that decenters whiteness and the prevailing sanitized version of our history.\u003c/p>\n\u003cp>It’s important for the future of our aspiring multiracial democracy to set the record straight — and, as Amos Brown, the pastor of Third Baptist Church in San Francisco and vice chair of the task force likes to say, “return to the scene of the crime.”\u003c/p>\n\u003cp>The egregious discrimination and racism in California can be traced to the state’s founding. It’s necessary to look at the systems put in place by the state’s “founding fathers” that were designed to allow some to prosper and others to fail. So, when people ask me why I’m so interested in reparations, what I want to ask in return is, “Why aren’t you?”\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\"]The call for reparations is specifically about race and enslavement, but it touches on basic questions of accountability and fairness.\u003c/p>\n\u003cp>In 1850, California entered the union as a slavery-free state. Still, \u003ca href=\"https://www.aclunc.org/sites/goldchains/index.html\">the state benefited from the exploitation of enslaved Black and Indigenous people\u003c/a>, as documented by Gold Chains, the ACLU’s exhaustive look at the hidden history of slavery in California. The beauty and promise of the state’s beaches and palm-tree-lined educational institutions contrasts starkly with its ugly past.\u003c/p>\n\u003cp>The ongoing ramifications of slavery are seen in the glaring disparities in the criminal justice system and health outcomes. Historical data also shows that \u003ca href=\"https://www.minneapolisfed.org/research/institute-working-papers/income-and-wealth-inequality-in-america-1949-2016\">no progress has been made in reducing wealth inequalities between Black and white\u003c/a> households over the past 70 years, according to a study by the Federal Reserve Bank of Minneapolis.\u003c/p>\n\u003cp>KQED’s coverage of the state’s reparations task force is for anyone who wonders about bigger questions like, why is there a disproportionate number of unhoused Black people? Why are incarceration rates highest for Black people? How do guns make it into Black communities? Why do Black communities lack what’s easily accessible to predominantly white communities?\u003c/p>\n\u003cp>Grocery stores, libraries, restaurants, banks and basic investment are missing in Black communities, many that were formed because of \u003ca href=\"https://www.kqed.org/lowdown/18486/redlining\">discriminatory redlining policies\u003c/a>. And when investors descend on Black communities, why is it that Black people are displaced?\u003c/p>\n\u003cp>History provides context, and yet our education system fails to trace the throughlines.\u003c/p>\n\u003cfigure id=\"attachment_11906238\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906238\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/SlavesMine.jpg\" alt=\"Black and white image of men holding shovels standing next to a pile of rocks with a horse-drawn wagon in the background\" width=\"1920\" height=\"1722\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-800x718.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-1020x915.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-160x144.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-1536x1378.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Enslaved people work in a California gold mine in 1852. \u003ccite>(Universal Images Group via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Why haven’t Black people been compensated for more than two centuries of enslavement and the subsequent restrictive and discriminatory laws enacted to stifle their progress?\u003c/p>\n\u003cp>“Reparations is an issue, ironically, that’s been used as a divisive issue, but it means to repair relationships — that should be seen as a very positive kind of thing to do,” Charles P. Henry, a professor emeritus of African American Studies at UC Berkeley, told me in an interview.\u003c/p>\n\u003cp>“Unless you get an agreement on the basic facts of what happened, and then the acknowledgment of what happened, it’s impossible to move to the next process,” Henry continued.\u003c/p>\n\u003cp>If you feel any sense of pride and appreciation for this state, and the nation as a whole, then examining California’s history is essential to imagining a more equitable future.\u003c/p>\n\u003cp>I compiled this FAQ to help guide readers through understanding the work of the reparations task force, and how that work fits into the broader local and national conversations. Think of this as a living document, as I’ll be updating this space as the task force progresses.\u003c/p>\n\u003ch2>\u003ca id=\"definition\">\u003c/a>What’s the definition of reparations?\u003c/h2>\n\u003cp>The term “reparation” comes from “repair.” Scholars often see reparations as a form of redress that can take two forms: restitution or atonement. Restitution is often seen as concrete and monetary, while atonement focuses on the ethical, moral and intangible nature of apology. One without the other wouldn’t fly for true reparations.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Charles P. Henry, professor emeritus of African American Studies, UC Berkeley\"]‘Reparations is an issue, ironically, that’s been used as a divisive issue — but it means to repair relationships.’[/pullquote]In modern reparations discussions, the focus is on three main principles: acknowledgment, redress and closure. For Roy L. Brooks, who provided expert testimony to the task force in September and is the author of “\u003ca href=\"https://www.ucpress.edu/book/9780520343405/atonement-and-forgiveness\">Atonement and Forgiveness: A New Model for Black Reparations\u003c/a>,” a return of what has been unjustly taken is an essential element of reparations. In his book, he argues no one should be able to benefit from an injustice, and that victims should be compensated and the harm caused by the injustice removed.\u003c/p>\n\u003ch2>\u003ca id=\"taskforce\">\u003c/a>Why did California create a task force to study reparations?\u003c/h2>\n\u003cp>A better question might be, why has it taken so long for the United States to study and develop reparations proposals for ancestors of the enslaved? In the wake of protests after the murder of George Floyd by a Minneapolis police officer in May 2020, Shirley Weber, then a California Assemblymember, authored AB 3121. Gov. Gavin Newsom signed the bill in September 2020, establishing the nine-member task force to examine ways California might provide reparations.\u003c/p>\n\u003cp>The task force is expected to submit a first report to the state Legislature this summer. A final report, which is expected to include recommendations and proposals, will be submitted next summer.\u003c/p>\n\u003cfigure id=\"attachment_11906229\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906229\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1.jpg\" alt=\"screenshot of zoom meeting with participants faces\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Members of the California Reparations Task Force listen to public comment during a virtual meeting on Jan. 28, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"paidbefore\">\u003c/a>Have reparations been paid before?\u003c/h2>\n\u003cp>Yes, but not on the federal or state level for chattel slavery.\u003c/p>\n\u003cp>You might’ve heard about “40 acres and a mule” before. It’s the name of Spike Lee’s film production company. Here’s where that comes from: In 1865, Special Field Order No. 15 authorized the distribution of 40-acre parcels of abandoned or confiscated land in the Confederate South to emancipated people. Some were given mules left over from the war — hence, 40 acres and a mule. After President Abraham Lincoln’s assassination, the \u003ca href=\"https://americanexperience.si.edu/wp-content/uploads/2014/09/Racial-Relations-during-Reconstruction_.pdf\">Southern apologist and vice president Andrew Johnson\u003c/a> assumed the presidency. He ordered that all the redistributed land be returned to the original owners.\u003c/p>\n\u003cp>On the federal level, reparations were awarded by the Civil Liberties Act of 1988 in response to the incarceration of people of Japanese ancestry, many of whom were American citizens, during World War II. The legislation authorized a national apology, an education fund and individual payments of $20,000 to each surviving person who was imprisoned. Even earlier, in 1946, the federal government created the Indian Claims Commission to respond to more than 100 years of treaty violations and land theft from Indigenous peoples.\u003c/p>\n\u003cp>[aside postID=news_11906015 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/02/RS53414_006_KQED_ReparatioinsTaskForce_DonTamaki_02012022-qut-1020x680.jpg']Several cities across the country, including Evanston, Illinois, and Asheville, North Carolina, have created reparation programs to address harms committed locally. On the state level, in 2021, California \u003ca href=\"https://www.gov.ca.gov/2021/12/31/california-launches-program-to-compensate-survivors-of-state-sponsored-sterilization/\">allocated financial compensation for survivors of forced sterilization\u003c/a> and acknowledged the wrongful sterilization of thousands of vulnerable people.\u003c/p>\n\u003ch2>\u003ca id=\"talkingnow\">\u003c/a>Why are we talking about reparations now when slavery ended so long ago?\u003c/h2>\n\u003cp>After George Floyd’s murder and the subsequent racial reckoning, a greater awareness of structural inequities seems to have briefly seeped into the national consciousness.\u003c/p>\n\u003cp>Discussions of systemic inequality and white supremacy gained traction in communities across the country and around the world. In 2020, \u003ca href=\"https://www.vox.com/policy-and-politics/2019/3/11/18246741/reparations-democrats-2020-inequality-warren-harris-castro\">several Democratic candidates for president issued statements expressing different levels of support for reparations\u003c/a>.\u003c/p>\n\u003cp>Charles P. Henry, professor emeritus of African American Studies at UC Berkeley, noted that public opinion polling has shifted generally to more “pro-reparations among Democrats and independents.” But he credits the development of the Black Lives Matter movement and the “embrace of white supremacy by the Trump administration” for amplifying the quest for reparations.\u003c/p>\n\u003cfigure id=\"attachment_11906233\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906233\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut.jpg\" alt=\"A young Black protester with pink bandana over their faces raises a fist along with other protesters\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Demonstrators march in downtown Oakland on May 29, 2020, during a protest over the Minneapolis police murder of George Floyd. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"needed\">\u003c/a>Are reparations needed?\u003c/h2>\n\u003cp>Without some kind of policy change and reparations, wealth inequality will continue to grow. Thomas Craemer — a public policy professor specializing in race relations and reparations at the University of Connecticut who \u003ca href=\"https://www.youtube.com/watch?v=Kv2KNh0-_y8\">testified before California’s reparations task force in October\u003c/a> — has done calculations to understand the financial implications.\u003c/p>\n\u003cp>“Slavery produced the start-up capital for the rise of the U.S. economy at the exclusive expense of the African Americans who were enslaved,” he said. “Their descendants deserve recognition of this fact through a comprehensive federal reparations program. Whatever California can do to support the call for federal reparations to the African American descendants of the enslaved in the U.S. will be an exercise in the restoration of justice.”\u003c/p>\n\u003cp>Without any interventions, Craemer said the wealth gap could become even more pronounced. Closing the gap in California alone could cost $778.6 billion, Craemer said.\u003c/p>\n\u003ch2>Has there been federal legislation for reparations for Black Americans?\u003c/h2>\n\u003cp>\u003ca href=\"https://www.npr.org/2021/11/12/1054889820/a-bill-to-study-reparations-for-slavery-had-momentum-in-congress-but-still-no-vo\">HR 40\u003c/a>, named after the 40 acres promise, is a bill to study reparations on the national level. It was proposed by the late John Conyers Jr., a member of Congress from Michigan, for decades — every year since 1989 until he left office in 2017. In 2018, Sheila Jackson Lee, a member of Congress from Texas, took up the mantle. If passed, HR 40 would establish a 13-person commission to study the effects of slavery and racial discrimination in the United States.\u003c/p>\n\u003ch2>\u003ca id=\"enterunion\">\u003c/a>Didn’t California enter the union as a slavery-free state?\u003c/h2>\n\u003cp>When California became a state in 1850, enslaved people had already been imported to the state. The ACLU’s \u003ca href=\"https://www.aclunc.org/sites/goldchains/podcast/index.html\">Gold Chains podcast\u003c/a> and \u003ca href=\"https://oag.ca.gov/system/files/media/task-force-meeting-materials-0921-part3.pdf\">testimony\u003c/a> to the state’s reparations task force from Stacy L. Smith, a USC professor and founder of the Annenberg Inclusion Initiative, provide an in-depth look at this early history.\u003c/p>\n\u003cp>[aside postID=news_11905371 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/02/CA-capitol-building-1020x574.jpg']Smith’s testimony detailed how California’s early state government protected the institution of slavery and severely restricted Black people’s civil rights.\u003c/p>\n\u003cp>As California’s state constitution proclaimed that “neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State,” little was done to stop the violent exploitation of enslaved people.\u003c/p>\n\u003ch2>\u003ca id=\"owed\">\u003c/a>What is owed?\u003c/h2>\n\u003cp>There are many different calculations used to determine what the cost of labor would be in today’s terms. Some include calculations for unpaid wages, the purchase prices of human property or the land promised to the formerly enslaved. National estimates range from \u003ca href=\"https://www.cnbc.com/2020/08/12/slavery-reparations-cost-us-government-10-to-12-trillion.html\">$10 trillion\u003c/a> to \u003ca href=\"https://magazine.uconn.edu/2020/06/15/the-new-reparations-math/#\">$14 trillion\u003c/a>.\u003c/p>\n\u003ch2>Who will be eligible?\u003c/h2>\n\u003cp>During the February meeting, the task force \u003ca href=\"https://www.kqed.org/news/11909471/unpacking-reparations-eligibility-in-california\" target=\"_blank\" rel=\"noopener noreferrer\">voted 5-4 in favor of lineage-based reparations\u003c/a> — a decision that has the potential to set precedent and affect other local, state and federal plans for reparations. The definition of the community of eligibility is “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, who introduced the motion.\u003c/p>\n\u003cp>Still, the task force has not yet determined what the formula for proving lineage will be. The criteria outlined by the authors of “From Here to Equality: Reparations for Black Americans in the Twenty-First Century,” A. Kirsten Mullen and William A. Darity Jr., provides one model. Darity, a professor of public policy and economics at Duke, and Mullen, a writer and folklorist, suggest eligibility on a federal level be based on two factors: American citizens should establish that they had at least one enslaved ancestor after the formation of the republic, and they would have to prove they self-identified as Black or African American at least 12 years before a reparations program.\u003c/p>\n\u003ch2>Who has testified to California’s reparations task force?\u003c/h2>\n\u003cp>As of February, over 30 people have provided their expertise. Some names that might be familiar include the following (click a name to watch their testimony):\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.youtube.com/watch?v=8NRosq_2GCE\">Isabel Wilkerson\u003c/a>, Pulitzer Prize-winning author of “The Warmth of Other Suns” and “Caste: The Origins of Our Discontents”\u003c/li>\n\u003cli>\u003ca href=\"https://www.youtube.com/watch?v=oUE91a3cf_c\">Mehrsa Baradaran\u003c/a>, UC Irvine law professor and author of “The Color of Money: Black Banks and the Racial Wealth Gap“\u003c/li>\n\u003cli>\u003ca href=\"https://vimeo.com/manage/videos/670990780?embedded=false&source=video_title&owner=5065180\">Safiya U. Noble\u003c/a>, internet studies scholar and professor of gender studies and African American studies at UCLA\u003c/li>\n\u003cli>\u003ca href=\"https://youtu.be/vRtsUTLhqbc\">William Spriggs\u003c/a>, economics professor at Howard University and chief economist for the AFL-CIO\u003c/li>\n\u003cli>\u003ca href=\"https://youtu.be/t72wzjJnIBo\">Rucker Johnson\u003c/a>, professor of public policy in the Goldman School of Public Policy at UC Berkeley\u003c/li>\n\u003cli>\u003ca href=\"https://youtu.be/uEaNq95dXHk\">Daina Ramey Berry\u003c/a>, chair of the history department at the University of Texas at Austin\u003c/li>\n\u003cli>\u003ca href=\"https://www.youtube.com/watch?v=ao5any6D97c\">Darrick Hamilton\u003c/a>, professor of economics and urban policy at the New School for Social Research\u003c/li>\n\u003c/ul>\n\u003cp>A full list of those who have testified \u003ca href=\"https://oag.ca.gov/ab3121/meetings\">is available on the California Department of Justice website\u003c/a> under each meeting date.\u003c/p>\n\u003ch2>\u003ca id=\"looklike\">\u003c/a>What might reparations look like?\u003c/h2>\n\u003cp>Kamilah Moore, the chair of California’s reparations task force, told KQED in a recent interview that reparations could look like direct payments, subsidies for free mental health care and other forms of restitution such as the return of land, similar to the \u003ca href=\"https://www.kqed.org/news/11891836/a-black-family-got-their-beach-back-and-inspired-others-to-fight-against-land-theft\">case of Bruce’s Beach\u003c/a>.\u003c/p>\n\u003cp>[aside postID=news_11891836 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/10/brucebeach_npr146-a9c2f203ff6c47e533d385d9548763cc026c8fc0-1020x764.jpg']Reparations might also take the form of policy changes in policing and sentencing. People who have testified before the task force have brought up education subsidies, support for genealogy studies, reinvestment and funding for archiving and preserving arts and culture.\u003c/p>\n\u003ch2>How will compensation be granted?\u003c/h2>\n\u003cp>The task force is working with a team of economists to decide how to compensate descendants of enslaved people and what financial models will be used to come up with a number. Many advocates and scholars believe that it would be best to have a federal reparations process instead of multiple separate state and local initiatives for the purpose of compensation.\u003c/p>\n\u003ch2>\u003ca id=\"cities\">\u003c/a>Do California cities have their own reparations programs?\u003c/h2>\n\u003cp>Some cities have established programs and committees to examine reparatory justice.\u003c/p>\n\u003cp>\u003cstrong>San Francisco\u003c/strong>\u003cbr>\nThe San Francisco Board of Supervisors established the 15-member \u003ca href=\"https://sf.gov/public-body/african-american-reparations-advisory-committee\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco African American Reparations Advisory Committee\u003c/a> in December 2020. The advisory committee holds public meetings on the second Monday of the month and submitted its \u003ca href=\"https://sf.gov/sites/default/files/2022-01/AA%20Reparations%20Advisory%20Committee%20-%20December%202021%20Update%20FINAL.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">first report\u003c/a> in December 2021.\u003c/p>\n\u003cp>\u003cstrong>Berkeley\u003c/strong>\u003cbr>\nThe Berkeley City Council voted in March 2022 to allocate $350,000 for a consultant to design and implement a reparations process. The consultant is tasked with holding symposiums for the public about the generational wealth gap, barriers to economic mobility and systemic racism. They will also work with the community to make policy recommendations.\u003c/p>\n\u003cp>“I feel it in my DNA. I feel like the people before me … whose bones are in the ground are humming right now,” said City Council member Ben Bartlett, who authored the bill.\u003c/p>\n\u003cp>Bartlett hopes to have someone in place before 2023.\u003c/p>\n\u003cp>\u003cstrong>Hayward\u003c/strong>\u003cbr>\nIn 2021, the Hayward City Council apologized for the harms from the real estate and banking industry against African Americans and other people of color. The Hayward Community Services Commission also created a list of 10 steps the city could take to address historical racism. Hayward’s formal apology to Russell City residents and their descendants was spurred by the actions of residents like \u003ca href=\"https://www.kqed.org/news/11897843/decades-after-cultural-genocide-residents-of-a-bulldozed-community-get-apology-from-hayward\" target=\"_blank\" rel=\"noopener noreferrer\">Artavia Berry, chair of the Hayward Community Services Commission\u003c/a>.\u003c/p>\n\u003cp>There are other local initiatives in Oakland, Alameda County, Compton and San Diego. Some argue that programs like Stockton’s universal basic income effort provide a form of reparatory justice. But since UBI programs are not specifically targeted toward descendants of enslaved people, they don’t meet the full definition of both restitution and atonement.\u003c/p>\n\u003cp>\u003cem>Is there a local initiative in your community or city you would like to share? Let us know: Lsarah@kqed.org\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"happensafter\">\u003c/a>What happens after the task force delivers its recommendations?\u003c/h2>\n\u003cp>It will be up to the Legislature to decide whether or not to implement policy change or act upon the recommendations from the task force.\u003c/p>\n\u003ch2>Who gets to participate?\u003c/h2>\n\u003cp>There are a few different ways to \u003ca href=\"https://www.kqed.org/news/11898258/how-to-participate-in-californias-reparations-task-force-meetings\">get involved\u003c/a>, such as watching meetings online and participating in public comment. But there’s also a bigger push to hear from African Americans in California through listening sessions across the state.\u003c/p>\n\u003cp>This summer, the state reparations task force, in partnership with the UCLA Ralph J. Bunche Center for African American Studies, will begin conducting sessions to hear from individuals. The session logistics are still being worked out, but the basic goal is to hear from California’s diverse Black communities about how the legacy of slavery has affected their lives and how they’d like to see California work to make it right.\u003c/p>\n\u003ch2>How do I stay informed?\u003c/h2>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>By watching this space, of course. You also can keep an eye on the Coalition for a Just and Equitable California, a statewide coalition of organizations and one of the anchor organizations working with the task force, to stay informed about upcoming events and listening sessions. California’s Department of Justice \u003ca href=\"https://oag.ca.gov/ab3121/meetings\">shares information from each meeting\u003c/a>, including meeting materials with a detailed agenda.\u003c/p>\n\n",
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"title": "'It Means to Repair': What You Should Know About Reparations for Black Californians | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, May 12\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003cstrong>\u003ca href=\"https://www.kqed.org/reparations\">Reparations in California\u003c/a>\u003c/strong> is a series of KQED stories exploring the road to racial equity in the state.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Skip straight to: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#definition\">What’s the definition of reparations?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#taskforce\">Why did California create a task force to study reparations?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#paidbefore\">Have reparations been paid before?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#talkingnow\">Why are we talking about reparations now when slavery ended so long ago?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#needed\">Are reparations needed?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#enterunion\">Didn’t California enter the union as a slavery-free state?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#owed\">What is owed and who is eligible?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#looklike\">What might reparations look like? And how will compensation be granted?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#cities\">Do California cities have their own reparations programs?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#happensafter\">What happens after the task force delivers its recommendations? And how can I participate?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">I\u003c/span>\u003c/p>\u003cp> was born and raised in California, and I feel a certain pride to be a product of this state. I’ve even considered getting a tattoo of the California produce sticker, like the neon orange ones from my youth.\u003c/p>\n\u003cp>My mother, who self-identifies as an Italian Jew, grew up in the suburbs of Chicago. She arrived in California in the 1970s as a divorcée with a young child in tow — my brother. My father was raised in a Catholic family in rural Kerala, India. They had a mixed-faith and mixed-race marriage, but they found a home in California.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>My family benefited from government-subsidized housing in Palo Alto, one of the wealthiest cities in the country. My family story and personal trajectory could have been very different had either of my parents been Black.\u003c/p>\n\u003cp>That’s because the roots of racism run deep in this state.\u003c/p>\n\u003cp>That’s why I’ve been concentrating my reporting on the California Reparations Task Force, a nine-member body created to study and develop reparations proposals for Black Californians, with special consideration for descendants of those enslaved in the United States. The task force, which began conducting meetings in June 2021, is a result of \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3121\">Assembly Bill 3121\u003c/a>, a bill \u003ca href=\"https://www.kqed.org/news/11876194/first-in-the-us-californias-task-force-on-reparations-looks-at-harms-of-slavery\">written by Shirley Weber\u003c/a>, currently California’s secretary of state.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Academics, who have studied the various ways in which racism and white supremacy have created lasting inequities in the state, have testified before the task force, as have people who have been affected by that racism. The meetings are creating a necessary archive of California’s history that wasn’t taught in most schools.\u003c/p>\n\u003cp>I chose to cover the task force, not only because it’s groundbreaking and its recommendations could potentially serve as a model for the rest of the country, but also because the hearings are deeply moving. There’s a disconnect between who we say we are as Californians and what we do in practice. We should unpack the history of this state and reexamine it in a way that decenters whiteness and the prevailing sanitized version of our history.\u003c/p>\n\u003cp>It’s important for the future of our aspiring multiracial democracy to set the record straight — and, as Amos Brown, the pastor of Third Baptist Church in San Francisco and vice chair of the task force likes to say, “return to the scene of the crime.”\u003c/p>\n\u003cp>The egregious discrimination and racism in California can be traced to the state’s founding. It’s necessary to look at the systems put in place by the state’s “founding fathers” that were designed to allow some to prosper and others to fail. So, when people ask me why I’m so interested in reparations, what I want to ask in return is, “Why aren’t you?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The call for reparations is specifically about race and enslavement, but it touches on basic questions of accountability and fairness.\u003c/p>\n\u003cp>In 1850, California entered the union as a slavery-free state. Still, \u003ca href=\"https://www.aclunc.org/sites/goldchains/index.html\">the state benefited from the exploitation of enslaved Black and Indigenous people\u003c/a>, as documented by Gold Chains, the ACLU’s exhaustive look at the hidden history of slavery in California. The beauty and promise of the state’s beaches and palm-tree-lined educational institutions contrasts starkly with its ugly past.\u003c/p>\n\u003cp>The ongoing ramifications of slavery are seen in the glaring disparities in the criminal justice system and health outcomes. Historical data also shows that \u003ca href=\"https://www.minneapolisfed.org/research/institute-working-papers/income-and-wealth-inequality-in-america-1949-2016\">no progress has been made in reducing wealth inequalities between Black and white\u003c/a> households over the past 70 years, according to a study by the Federal Reserve Bank of Minneapolis.\u003c/p>\n\u003cp>KQED’s coverage of the state’s reparations task force is for anyone who wonders about bigger questions like, why is there a disproportionate number of unhoused Black people? Why are incarceration rates highest for Black people? How do guns make it into Black communities? Why do Black communities lack what’s easily accessible to predominantly white communities?\u003c/p>\n\u003cp>Grocery stores, libraries, restaurants, banks and basic investment are missing in Black communities, many that were formed because of \u003ca href=\"https://www.kqed.org/lowdown/18486/redlining\">discriminatory redlining policies\u003c/a>. And when investors descend on Black communities, why is it that Black people are displaced?\u003c/p>\n\u003cp>History provides context, and yet our education system fails to trace the throughlines.\u003c/p>\n\u003cfigure id=\"attachment_11906238\" class=\"wp-caption alignright\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906238\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/SlavesMine.jpg\" alt=\"Black and white image of men holding shovels standing next to a pile of rocks with a horse-drawn wagon in the background\" width=\"1920\" height=\"1722\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-800x718.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-1020x915.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-160x144.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/SlavesMine-1536x1378.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Enslaved people work in a California gold mine in 1852. \u003ccite>(Universal Images Group via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Why haven’t Black people been compensated for more than two centuries of enslavement and the subsequent restrictive and discriminatory laws enacted to stifle their progress?\u003c/p>\n\u003cp>“Reparations is an issue, ironically, that’s been used as a divisive issue, but it means to repair relationships — that should be seen as a very positive kind of thing to do,” Charles P. Henry, a professor emeritus of African American Studies at UC Berkeley, told me in an interview.\u003c/p>\n\u003cp>“Unless you get an agreement on the basic facts of what happened, and then the acknowledgment of what happened, it’s impossible to move to the next process,” Henry continued.\u003c/p>\n\u003cp>If you feel any sense of pride and appreciation for this state, and the nation as a whole, then examining California’s history is essential to imagining a more equitable future.\u003c/p>\n\u003cp>I compiled this FAQ to help guide readers through understanding the work of the reparations task force, and how that work fits into the broader local and national conversations. Think of this as a living document, as I’ll be updating this space as the task force progresses.\u003c/p>\n\u003ch2>\u003ca id=\"definition\">\u003c/a>What’s the definition of reparations?\u003c/h2>\n\u003cp>The term “reparation” comes from “repair.” Scholars often see reparations as a form of redress that can take two forms: restitution or atonement. Restitution is often seen as concrete and monetary, while atonement focuses on the ethical, moral and intangible nature of apology. One without the other wouldn’t fly for true reparations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In modern reparations discussions, the focus is on three main principles: acknowledgment, redress and closure. For Roy L. Brooks, who provided expert testimony to the task force in September and is the author of “\u003ca href=\"https://www.ucpress.edu/book/9780520343405/atonement-and-forgiveness\">Atonement and Forgiveness: A New Model for Black Reparations\u003c/a>,” a return of what has been unjustly taken is an essential element of reparations. In his book, he argues no one should be able to benefit from an injustice, and that victims should be compensated and the harm caused by the injustice removed.\u003c/p>\n\u003ch2>\u003ca id=\"taskforce\">\u003c/a>Why did California create a task force to study reparations?\u003c/h2>\n\u003cp>A better question might be, why has it taken so long for the United States to study and develop reparations proposals for ancestors of the enslaved? In the wake of protests after the murder of George Floyd by a Minneapolis police officer in May 2020, Shirley Weber, then a California Assemblymember, authored AB 3121. Gov. Gavin Newsom signed the bill in September 2020, establishing the nine-member task force to examine ways California might provide reparations.\u003c/p>\n\u003cp>The task force is expected to submit a first report to the state Legislature this summer. A final report, which is expected to include recommendations and proposals, will be submitted next summer.\u003c/p>\n\u003cfigure id=\"attachment_11906229\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906229\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1.jpg\" alt=\"screenshot of zoom meeting with participants faces\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS53402_001_KQED_CAReparatioinsTaskForce_01282022-qut-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Members of the California Reparations Task Force listen to public comment during a virtual meeting on Jan. 28, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"paidbefore\">\u003c/a>Have reparations been paid before?\u003c/h2>\n\u003cp>Yes, but not on the federal or state level for chattel slavery.\u003c/p>\n\u003cp>You might’ve heard about “40 acres and a mule” before. It’s the name of Spike Lee’s film production company. Here’s where that comes from: In 1865, Special Field Order No. 15 authorized the distribution of 40-acre parcels of abandoned or confiscated land in the Confederate South to emancipated people. Some were given mules left over from the war — hence, 40 acres and a mule. After President Abraham Lincoln’s assassination, the \u003ca href=\"https://americanexperience.si.edu/wp-content/uploads/2014/09/Racial-Relations-during-Reconstruction_.pdf\">Southern apologist and vice president Andrew Johnson\u003c/a> assumed the presidency. He ordered that all the redistributed land be returned to the original owners.\u003c/p>\n\u003cp>On the federal level, reparations were awarded by the Civil Liberties Act of 1988 in response to the incarceration of people of Japanese ancestry, many of whom were American citizens, during World War II. The legislation authorized a national apology, an education fund and individual payments of $20,000 to each surviving person who was imprisoned. Even earlier, in 1946, the federal government created the Indian Claims Commission to respond to more than 100 years of treaty violations and land theft from Indigenous peoples.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Several cities across the country, including Evanston, Illinois, and Asheville, North Carolina, have created reparation programs to address harms committed locally. On the state level, in 2021, California \u003ca href=\"https://www.gov.ca.gov/2021/12/31/california-launches-program-to-compensate-survivors-of-state-sponsored-sterilization/\">allocated financial compensation for survivors of forced sterilization\u003c/a> and acknowledged the wrongful sterilization of thousands of vulnerable people.\u003c/p>\n\u003ch2>\u003ca id=\"talkingnow\">\u003c/a>Why are we talking about reparations now when slavery ended so long ago?\u003c/h2>\n\u003cp>After George Floyd’s murder and the subsequent racial reckoning, a greater awareness of structural inequities seems to have briefly seeped into the national consciousness.\u003c/p>\n\u003cp>Discussions of systemic inequality and white supremacy gained traction in communities across the country and around the world. In 2020, \u003ca href=\"https://www.vox.com/policy-and-politics/2019/3/11/18246741/reparations-democrats-2020-inequality-warren-harris-castro\">several Democratic candidates for president issued statements expressing different levels of support for reparations\u003c/a>.\u003c/p>\n\u003cp>Charles P. Henry, professor emeritus of African American Studies at UC Berkeley, noted that public opinion polling has shifted generally to more “pro-reparations among Democrats and independents.” But he credits the development of the Black Lives Matter movement and the “embrace of white supremacy by the Trump administration” for amplifying the quest for reparations.\u003c/p>\n\u003cfigure id=\"attachment_11906233\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906233\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut.jpg\" alt=\"A young Black protester with pink bandana over their faces raises a fist along with other protesters\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/RS43421_005_KQED_Oakland_GeorgeFloydProtest_05292020-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Demonstrators march in downtown Oakland on May 29, 2020, during a protest over the Minneapolis police murder of George Floyd. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"needed\">\u003c/a>Are reparations needed?\u003c/h2>\n\u003cp>Without some kind of policy change and reparations, wealth inequality will continue to grow. Thomas Craemer — a public policy professor specializing in race relations and reparations at the University of Connecticut who \u003ca href=\"https://www.youtube.com/watch?v=Kv2KNh0-_y8\">testified before California’s reparations task force in October\u003c/a> — has done calculations to understand the financial implications.\u003c/p>\n\u003cp>“Slavery produced the start-up capital for the rise of the U.S. economy at the exclusive expense of the African Americans who were enslaved,” he said. “Their descendants deserve recognition of this fact through a comprehensive federal reparations program. Whatever California can do to support the call for federal reparations to the African American descendants of the enslaved in the U.S. will be an exercise in the restoration of justice.”\u003c/p>\n\u003cp>Without any interventions, Craemer said the wealth gap could become even more pronounced. Closing the gap in California alone could cost $778.6 billion, Craemer said.\u003c/p>\n\u003ch2>Has there been federal legislation for reparations for Black Americans?\u003c/h2>\n\u003cp>\u003ca href=\"https://www.npr.org/2021/11/12/1054889820/a-bill-to-study-reparations-for-slavery-had-momentum-in-congress-but-still-no-vo\">HR 40\u003c/a>, named after the 40 acres promise, is a bill to study reparations on the national level. It was proposed by the late John Conyers Jr., a member of Congress from Michigan, for decades — every year since 1989 until he left office in 2017. In 2018, Sheila Jackson Lee, a member of Congress from Texas, took up the mantle. If passed, HR 40 would establish a 13-person commission to study the effects of slavery and racial discrimination in the United States.\u003c/p>\n\u003ch2>\u003ca id=\"enterunion\">\u003c/a>Didn’t California enter the union as a slavery-free state?\u003c/h2>\n\u003cp>When California became a state in 1850, enslaved people had already been imported to the state. The ACLU’s \u003ca href=\"https://www.aclunc.org/sites/goldchains/podcast/index.html\">Gold Chains podcast\u003c/a> and \u003ca href=\"https://oag.ca.gov/system/files/media/task-force-meeting-materials-0921-part3.pdf\">testimony\u003c/a> to the state’s reparations task force from Stacy L. Smith, a USC professor and founder of the Annenberg Inclusion Initiative, provide an in-depth look at this early history.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Smith’s testimony detailed how California’s early state government protected the institution of slavery and severely restricted Black people’s civil rights.\u003c/p>\n\u003cp>As California’s state constitution proclaimed that “neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State,” little was done to stop the violent exploitation of enslaved people.\u003c/p>\n\u003ch2>\u003ca id=\"owed\">\u003c/a>What is owed?\u003c/h2>\n\u003cp>There are many different calculations used to determine what the cost of labor would be in today’s terms. Some include calculations for unpaid wages, the purchase prices of human property or the land promised to the formerly enslaved. National estimates range from \u003ca href=\"https://www.cnbc.com/2020/08/12/slavery-reparations-cost-us-government-10-to-12-trillion.html\">$10 trillion\u003c/a> to \u003ca href=\"https://magazine.uconn.edu/2020/06/15/the-new-reparations-math/#\">$14 trillion\u003c/a>.\u003c/p>\n\u003ch2>Who will be eligible?\u003c/h2>\n\u003cp>During the February meeting, the task force \u003ca href=\"https://www.kqed.org/news/11909471/unpacking-reparations-eligibility-in-california\" target=\"_blank\" rel=\"noopener noreferrer\">voted 5-4 in favor of lineage-based reparations\u003c/a> — a decision that has the potential to set precedent and affect other local, state and federal plans for reparations. The definition of the community of eligibility is “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, who introduced the motion.\u003c/p>\n\u003cp>Still, the task force has not yet determined what the formula for proving lineage will be. The criteria outlined by the authors of “From Here to Equality: Reparations for Black Americans in the Twenty-First Century,” A. Kirsten Mullen and William A. Darity Jr., provides one model. Darity, a professor of public policy and economics at Duke, and Mullen, a writer and folklorist, suggest eligibility on a federal level be based on two factors: American citizens should establish that they had at least one enslaved ancestor after the formation of the republic, and they would have to prove they self-identified as Black or African American at least 12 years before a reparations program.\u003c/p>\n\u003ch2>Who has testified to California’s reparations task force?\u003c/h2>\n\u003cp>As of February, over 30 people have provided their expertise. Some names that might be familiar include the following (click a name to watch their testimony):\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.youtube.com/watch?v=8NRosq_2GCE\">Isabel Wilkerson\u003c/a>, Pulitzer Prize-winning author of “The Warmth of Other Suns” and “Caste: The Origins of Our Discontents”\u003c/li>\n\u003cli>\u003ca href=\"https://www.youtube.com/watch?v=oUE91a3cf_c\">Mehrsa Baradaran\u003c/a>, UC Irvine law professor and author of “The Color of Money: Black Banks and the Racial Wealth Gap“\u003c/li>\n\u003cli>\u003ca href=\"https://vimeo.com/manage/videos/670990780?embedded=false&source=video_title&owner=5065180\">Safiya U. Noble\u003c/a>, internet studies scholar and professor of gender studies and African American studies at UCLA\u003c/li>\n\u003cli>\u003ca href=\"https://youtu.be/vRtsUTLhqbc\">William Spriggs\u003c/a>, economics professor at Howard University and chief economist for the AFL-CIO\u003c/li>\n\u003cli>\u003ca href=\"https://youtu.be/t72wzjJnIBo\">Rucker Johnson\u003c/a>, professor of public policy in the Goldman School of Public Policy at UC Berkeley\u003c/li>\n\u003cli>\u003ca href=\"https://youtu.be/uEaNq95dXHk\">Daina Ramey Berry\u003c/a>, chair of the history department at the University of Texas at Austin\u003c/li>\n\u003cli>\u003ca href=\"https://www.youtube.com/watch?v=ao5any6D97c\">Darrick Hamilton\u003c/a>, professor of economics and urban policy at the New School for Social Research\u003c/li>\n\u003c/ul>\n\u003cp>A full list of those who have testified \u003ca href=\"https://oag.ca.gov/ab3121/meetings\">is available on the California Department of Justice website\u003c/a> under each meeting date.\u003c/p>\n\u003ch2>\u003ca id=\"looklike\">\u003c/a>What might reparations look like?\u003c/h2>\n\u003cp>Kamilah Moore, the chair of California’s reparations task force, told KQED in a recent interview that reparations could look like direct payments, subsidies for free mental health care and other forms of restitution such as the return of land, similar to the \u003ca href=\"https://www.kqed.org/news/11891836/a-black-family-got-their-beach-back-and-inspired-others-to-fight-against-land-theft\">case of Bruce’s Beach\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Reparations might also take the form of policy changes in policing and sentencing. People who have testified before the task force have brought up education subsidies, support for genealogy studies, reinvestment and funding for archiving and preserving arts and culture.\u003c/p>\n\u003ch2>How will compensation be granted?\u003c/h2>\n\u003cp>The task force is working with a team of economists to decide how to compensate descendants of enslaved people and what financial models will be used to come up with a number. Many advocates and scholars believe that it would be best to have a federal reparations process instead of multiple separate state and local initiatives for the purpose of compensation.\u003c/p>\n\u003ch2>\u003ca id=\"cities\">\u003c/a>Do California cities have their own reparations programs?\u003c/h2>\n\u003cp>Some cities have established programs and committees to examine reparatory justice.\u003c/p>\n\u003cp>\u003cstrong>San Francisco\u003c/strong>\u003cbr>\nThe San Francisco Board of Supervisors established the 15-member \u003ca href=\"https://sf.gov/public-body/african-american-reparations-advisory-committee\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco African American Reparations Advisory Committee\u003c/a> in December 2020. The advisory committee holds public meetings on the second Monday of the month and submitted its \u003ca href=\"https://sf.gov/sites/default/files/2022-01/AA%20Reparations%20Advisory%20Committee%20-%20December%202021%20Update%20FINAL.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">first report\u003c/a> in December 2021.\u003c/p>\n\u003cp>\u003cstrong>Berkeley\u003c/strong>\u003cbr>\nThe Berkeley City Council voted in March 2022 to allocate $350,000 for a consultant to design and implement a reparations process. The consultant is tasked with holding symposiums for the public about the generational wealth gap, barriers to economic mobility and systemic racism. They will also work with the community to make policy recommendations.\u003c/p>\n\u003cp>“I feel it in my DNA. I feel like the people before me … whose bones are in the ground are humming right now,” said City Council member Ben Bartlett, who authored the bill.\u003c/p>\n\u003cp>Bartlett hopes to have someone in place before 2023.\u003c/p>\n\u003cp>\u003cstrong>Hayward\u003c/strong>\u003cbr>\nIn 2021, the Hayward City Council apologized for the harms from the real estate and banking industry against African Americans and other people of color. The Hayward Community Services Commission also created a list of 10 steps the city could take to address historical racism. Hayward’s formal apology to Russell City residents and their descendants was spurred by the actions of residents like \u003ca href=\"https://www.kqed.org/news/11897843/decades-after-cultural-genocide-residents-of-a-bulldozed-community-get-apology-from-hayward\" target=\"_blank\" rel=\"noopener noreferrer\">Artavia Berry, chair of the Hayward Community Services Commission\u003c/a>.\u003c/p>\n\u003cp>There are other local initiatives in Oakland, Alameda County, Compton and San Diego. Some argue that programs like Stockton’s universal basic income effort provide a form of reparatory justice. But since UBI programs are not specifically targeted toward descendants of enslaved people, they don’t meet the full definition of both restitution and atonement.\u003c/p>\n\u003cp>\u003cem>Is there a local initiative in your community or city you would like to share? Let us know: Lsarah@kqed.org\u003c/em>\u003c/p>\n\u003ch2>\u003ca id=\"happensafter\">\u003c/a>What happens after the task force delivers its recommendations?\u003c/h2>\n\u003cp>It will be up to the Legislature to decide whether or not to implement policy change or act upon the recommendations from the task force.\u003c/p>\n\u003ch2>Who gets to participate?\u003c/h2>\n\u003cp>There are a few different ways to \u003ca href=\"https://www.kqed.org/news/11898258/how-to-participate-in-californias-reparations-task-force-meetings\">get involved\u003c/a>, such as watching meetings online and participating in public comment. But there’s also a bigger push to hear from African Americans in California through listening sessions across the state.\u003c/p>\n\u003cp>This summer, the state reparations task force, in partnership with the UCLA Ralph J. Bunche Center for African American Studies, will begin conducting sessions to hear from individuals. The session logistics are still being worked out, but the basic goal is to hear from California’s diverse Black communities about how the legacy of slavery has affected their lives and how they’d like to see California work to make it right.\u003c/p>\n\u003ch2>How do I stay informed?\u003c/h2>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>By watching this space, of course. You also can keep an eye on the Coalition for a Just and Equitable California, a statewide coalition of organizations and one of the anchor organizations working with the task force, to stay informed about upcoming events and listening sessions. California’s Department of Justice \u003ca href=\"https://oag.ca.gov/ab3121/meetings\">shares information from each meeting\u003c/a>, including meeting materials with a detailed agenda.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>California Supreme Court Justice Leondra Kruger is hardly a household name. But to those who know her well, it is no surprise that she’s on President Biden’s short list to fill the seat of retiring U.S. Supreme Court Justice Stephen Breyer.\u003c/p>\n\u003cp>When a vacancy on the California Supreme Court opened up in 2014, then-Gov. Jerry Brown spent months searching for a replacement. Kruger — then 38 years old — was living on the East Coast, working for the solicitor general’s office in the Obama Justice Department.\u003c/p>\n\u003cp>“As soon as I met her, I was very impressed,” Brown said in 2019 after he left office.\u003c/p>\n\u003cp>When Brown nominated her, there was some grumbling that he didn’t choose an attorney or judge practicing in California — a criticism Brown brushed off. “I don’t think you’ve heard a peep of criticism,” he said. “[She’s] very independent, very well reasoned, very well prepared.”\u003c/p>\n\u003cp>Born and raised in Pasadena, Kruger graduated from Harvard before heading to Yale Law School. Common descriptions of her tend to say she’s studious, serious and focused.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“She’s very quiet. She’s reserved. She is, I think, more of a shy personality,” said NYU School of Law professor Melissa Murray. Murray was at Yale when Kruger became editor-in-chief of the Yale Law Journal — the first Black woman to hold that prestigious position.\u003c/p>\n\u003cp>“It was a really exciting moment, a real accomplishment, not just for her, but I think we all sort of took great pride in what she was able to accomplish,” Murray recalled.\u003c/p>\n\u003cp>Murray said she and Kruger bonded at Yale over their common family background.\u003c/p>\n\u003cp>“Her mother was from Jamaica. Both of my parents are from Jamaica, so I think we initially talked about that,” Murray said. “She had basically grown up in California in the Los Angeles area, the daughter of two doctors.”\u003c/p>\n\u003cp>In 2014, Murray was teaching at Berkeley Law and heard the criticism when Brown picked Kruger — a Washington, D.C., lawyer instead of one working in California.\u003c/p>\n\u003cp>“This wasn’t a carpetbagging situation,” Murray said. “She was impeccably qualified and this was a governor who I think was incredibly determined to put his stamp on the judiciary. And he did.”\u003c/p>\n\u003cp>[aside postID=news_10386867]After graduating from Yale, Kruger clerked for U.S. Supreme Court Justice John Paul Stevens. UC Hastings law school professor Rory Little, who worked for Stevens years earlier, said Kruger has exactly the right temperament for the bench.\u003c/p>\n\u003cp>“She’s kind of unflappably gracious, but also incredibly smart, just incisively smart and perceptive,” Little told KQED. “To me, she’s everything you might want in a judge.”\u003c/p>\n\u003cp>As a state Supreme Court Justice, Kruger has held nuanced, sometimes cautious positions. When the court has been divided, she has often joined colleagues appointed by Democratic governors, but not always. Rory Little said Kruger does not look at cases through a political lens.\u003c/p>\n\u003cp>“That is not who Leondra is,” Little said. “She is apolitical. I mean, I don’t think anybody can find anything in her record where she comments on things politically.”\u003c/p>\n\u003cp>Fatima Goss Graves, president and CEO of the National Women’s Law Center in Washington, also attended Yale with Kruger. She said having President Biden name a Black woman to the Supreme Court fills her with pride, whether it’s Kruger or someone else on the short list.\u003c/p>\n\u003cp>“And part of that pride comes from the fact that we have long known many people who would have been well qualified and would have made the Supreme Court better, but who were never considered,” Graves said.\u003c/p>\n\u003cp>There have already been misplaced criticisms from conservatives, who say that because Biden has committed to naming a Black woman that he’s somehow picking someone less qualified — a ridiculous notion given the credentials of the women he’s considering.\u003c/p>\n\u003cp>But Professor Little said no matter what they throw at her, Kruger will be ready.\u003c/p>\n\u003cp>“She’s not going to lose her cool during a Senate confirmation hearing and sort of lash out at the people on the panel. She’s not that kind of person, no matter what they say,” Little predicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Biden chooses her and she is confirmed, Kruger would be the youngest justice on the court at age 45. She would also join a short list of Supreme Court justices who came from state courts — a list that includes Arizona’s Sandra Day O’Connor and David Souter of New Hampshire.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Supreme Court Justice Leondra Kruger is hardly a household name. But to those who know her well, it is no surprise that she’s on President Biden’s short list to fill the seat of retiring U.S. Supreme Court Justice Stephen Breyer.\u003c/p>\n\u003cp>When a vacancy on the California Supreme Court opened up in 2014, then-Gov. Jerry Brown spent months searching for a replacement. Kruger — then 38 years old — was living on the East Coast, working for the solicitor general’s office in the Obama Justice Department.\u003c/p>\n\u003cp>“As soon as I met her, I was very impressed,” Brown said in 2019 after he left office.\u003c/p>\n\u003cp>When Brown nominated her, there was some grumbling that he didn’t choose an attorney or judge practicing in California — a criticism Brown brushed off. “I don’t think you’ve heard a peep of criticism,” he said. “[She’s] very independent, very well reasoned, very well prepared.”\u003c/p>\n\u003cp>Born and raised in Pasadena, Kruger graduated from Harvard before heading to Yale Law School. Common descriptions of her tend to say she’s studious, serious and focused.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“She’s very quiet. She’s reserved. She is, I think, more of a shy personality,” said NYU School of Law professor Melissa Murray. Murray was at Yale when Kruger became editor-in-chief of the Yale Law Journal — the first Black woman to hold that prestigious position.\u003c/p>\n\u003cp>“It was a really exciting moment, a real accomplishment, not just for her, but I think we all sort of took great pride in what she was able to accomplish,” Murray recalled.\u003c/p>\n\u003cp>Murray said she and Kruger bonded at Yale over their common family background.\u003c/p>\n\u003cp>“Her mother was from Jamaica. Both of my parents are from Jamaica, so I think we initially talked about that,” Murray said. “She had basically grown up in California in the Los Angeles area, the daughter of two doctors.”\u003c/p>\n\u003cp>In 2014, Murray was teaching at Berkeley Law and heard the criticism when Brown picked Kruger — a Washington, D.C., lawyer instead of one working in California.\u003c/p>\n\u003cp>“This wasn’t a carpetbagging situation,” Murray said. “She was impeccably qualified and this was a governor who I think was incredibly determined to put his stamp on the judiciary. And he did.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>After graduating from Yale, Kruger clerked for U.S. Supreme Court Justice John Paul Stevens. UC Hastings law school professor Rory Little, who worked for Stevens years earlier, said Kruger has exactly the right temperament for the bench.\u003c/p>\n\u003cp>“She’s kind of unflappably gracious, but also incredibly smart, just incisively smart and perceptive,” Little told KQED. “To me, she’s everything you might want in a judge.”\u003c/p>\n\u003cp>As a state Supreme Court Justice, Kruger has held nuanced, sometimes cautious positions. When the court has been divided, she has often joined colleagues appointed by Democratic governors, but not always. Rory Little said Kruger does not look at cases through a political lens.\u003c/p>\n\u003cp>“That is not who Leondra is,” Little said. “She is apolitical. I mean, I don’t think anybody can find anything in her record where she comments on things politically.”\u003c/p>\n\u003cp>Fatima Goss Graves, president and CEO of the National Women’s Law Center in Washington, also attended Yale with Kruger. She said having President Biden name a Black woman to the Supreme Court fills her with pride, whether it’s Kruger or someone else on the short list.\u003c/p>\n\u003cp>“And part of that pride comes from the fact that we have long known many people who would have been well qualified and would have made the Supreme Court better, but who were never considered,” Graves said.\u003c/p>\n\u003cp>There have already been misplaced criticisms from conservatives, who say that because Biden has committed to naming a Black woman that he’s somehow picking someone less qualified — a ridiculous notion given the credentials of the women he’s considering.\u003c/p>\n\u003cp>But Professor Little said no matter what they throw at her, Kruger will be ready.\u003c/p>\n\u003cp>“She’s not going to lose her cool during a Senate confirmation hearing and sort of lash out at the people on the panel. She’s not that kind of person, no matter what they say,” Little predicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If Biden chooses her and she is confirmed, Kruger would be the youngest justice on the court at age 45. She would also join a short list of Supreme Court justices who came from state courts — a list that includes Arizona’s Sandra Day O’Connor and David Souter of New Hampshire.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "More Bay Area Officers Are Being Prosecuted for Killing People. Does This Really Signal a Shift in Police Accountability?",
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"content": "\u003cp>Cleo Moore, wearing a faded T-shirt, answered the door of her Daly City home just south of San Francisco on a recent February afternoon.\u003c/p>\n\u003cp>The shirt had a screen-print photo of Sean Moore, her deceased youngest son, who is wearing a baseball uniform and posing in a batting stance.\u003c/p>\n\u003cp>“He’s a human being,” she said. “He wasn’t a dog to be shot down like he was shot down.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cristine Soto DeBerry, Prosecutors Alliance of California\"]'It really was not the central focus of most prosecutors' offices anywhere to think about, 'How well am I regulating police excessive use of force?' That was not a commonly held conversation in the profession.'[/pullquote]\u003c/p>\n\u003cp>Sean Moore was raised in a family of San Francisco public servants. Cleo, his mother, spent four decades as a nurse at San Francisco General Hospital. His father, the late Loyce Amos Moore, worked for Muni for 30 years. His older half-brother, Kenneth Blackmon, recently retired from the San Francisco Juvenile Probation Department after 20 years.\u003c/p>\n\u003cp>Cleo said she often worked alongside police officers and sheriff’s deputies at the hospital, and her father and brother were law enforcement officers in Texas.\u003c/p>\n\u003cp>“I’m not against police officers,” she said. “There’s a need for good police officers.”\u003c/p>\n\u003cp>But she is glad that over four years after her youngest son was shot by a San Francisco police officer, and a year after he died from complications of the gunshot wound, the officer was recently charged with manslaughter for his death.\u003c/p>\n\u003cp>“If it had been Sean that had done what this officer did, he wouldn’t see the light of day. He’s no different,” Cleo said.\u003c/p>\n\u003cp>The charges against San Francisco Police Officer Kenneth Cha for shooting Sean Moore are part of a new wave of police prosecutions in the Bay Area that come during a major shift in police accountability in California and the rest of the country. Before the 2020 public murder of George Floyd by Minneapolis police officer Derek Chauvin reignited a nationwide protest movement against police violence, it would have been unusual to see even one of these manslaughter cases brought to trial. These recent cases may chart the course for police prosecutions moving forward, setting new guardrails for officer use of force.\u003c/p>\n\u003cp>The facts of the five Bay Area cases charged since Floyd’s death vary. All concern killings that occurred before Floyd’s death, the earliest reaching back five years. Three of the people killed were Black men.\u003c/p>\n\u003cfigure id=\"attachment_11905905\" class=\"wp-caption alignright\" style=\"max-width: 2071px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\">\u003cimg class=\"size-full wp-image-11905905\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\" alt=\"A chart of recent cases against Bay Area police officers who killed suspects.\" width=\"2071\" height=\"1945\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png 2071w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--800x751.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1020x958.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--160x150.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1536x1443.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--2048x1923.png 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1920x1803.png 1920w\" sizes=\"(max-width: 2071px) 100vw, 2071px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Graphic by Sukey Lewis and Matthew Green/KQED\u003c/figcaption>\u003c/figure>\n\u003cul>\n\u003cli>San Leandro Police Officer Jason Fletcher tased and then shot Steven Taylor as he held a baseball bat inside a San Leandro Walmart in 2020.\u003c/li>\n\u003cli>Sonoma County Sheriff's Deputy Charles Blount choked David Ward through the window of his car after a chase in Sonoma County in 2019.\u003c/li>\n\u003cli>Contra Costa County Sheriff's Deputy Andrew Hall shot at Laudemer Arboleda eight times in 2018 as the man drove into a gap between two police cars and Hall ran into the vehicle’s path.\u003c/li>\n\u003cli>Rookie San Francisco Police Officer Christopher Samayoa fatally shot Keita O’Neil as he fled after allegedly stealing a lottery van in San Francisco in 2017.\u003c/li>\n\u003cli>San Francisco Police Officer Kenneth Cha shot Sean Moore in the stomach and the groin in 2017 after responding to a noise complaint at Moore’s home.\u003c/li>\n\u003c/ul>\n\u003cp>Cristine Soto DeBerry, executive director of the Prosecutors Alliance of California, a group that advocates for progressive criminal justice reforms, said many district attorneys are paying attention to police killings more closely than they ever have before.\u003c/p>\n\u003cp>“It really was not the central focus of most prosecutors’ offices anywhere to think about, ‘How well am I regulating police excessive use of force?’” DeBerry said. “That was not a commonly held conversation in the profession.”\u003c/p>\n\u003cp>Now, she says, it is.\u003c/p>\n\u003ch2>\u003cstrong>Necessary vs. reasonable \u003c/strong>\u003c/h2>\n\u003cp>Alameda County’s prosecution of San Leandro Police Officer Jason Fletcher is the singular Bay Area case that relies on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB392\">Assembly Bill 392\u003c/a>, a 2020 state law that only justifies the use of deadly force when an officer believes, “based on the totality of the circumstances, that such force is necessary,” as opposed to the previous standard of “reasonable.”\u003c/p>\n\u003cp>The prosecution is widely seen as a test case for California’s new standard, which is the strictest in the country, and could inspire changes in other states.\u003c/p>\n\u003cp>On April 18, 2020, Fletcher responded to calls from a Walmart in San Leandro, reporting a man holding a baseball bat. Body camera footage showed the suspect, Steven Taylor, standing by shopping carts near the front of the store, still holding the bat, as Fletcher arrived at the scene, alone. Critically, Fletcher made the decision to move toward the 33-year-old Black man, telling him to “drop the bat,” and then trying to grab it from him.\u003c/p>\n\u003cp>“You're going to have to, you’re going to have to,” Taylor said, according to a bystander’s cellphone video of the incident.\u003c/p>\n\u003cp>Fletcher then tased Taylor twice, and then shot him once as he staggered forward.\u003c/p>\n\u003cp>Under the standard of the new law, a district attorney must consider the “totality of circumstances” leading up to the moment an officer shoots, including decisions the officer makes. Fletcher engaged Taylor without waiting for backup to arrive, and he failed to try to deescalate the situation, according to subsequent criminal and administrative investigations.\u003c/p>\n\u003cp>“He was comin’ to kill me,” Fletcher said, according to a partial transcript of his interview with criminal investigators that was made public. “He’s not coming to give me a hug. He’s not comin’ to say, ‘Hey, sorry about that.’ He’s got wires in him. I’ve shocked the shit out of him twice. I don’t know if he’s crazy. I don’t know if he’s on drugs. He’s comin’ to kill me. And I’m not gonna die in a fuckin’ Walmart.”\u003c/p>\n\u003cp>The Alameda County District Attorney’s Office investigation, however, found that Taylor “posed no threat of imminent deadly force or serious bodily injury to defendant Fletcher or anyone else in the store,” it said in a press release, announcing the decision to charge Taylor with voluntary manslaughter.\u003c/p>\n\u003cp>Fletcher has pleaded not guilty. His lawyer declined to comment for this story. A judge is expected to set a trial date in April.\u003c/p>\n\u003cp>While none of his deputies are charged, Alameda County Sheriff Greg Ahern said law enforcement leaders like him are paying close attention to the rise in officer prosecutions. He declined to comment directly on Fletcher’s case, but said those in law enforcement often evaluate fatal incidents differently from the public.\u003c/p>\n\u003cp>“It's difficult to get into that officer's mind unless you've actually been in law enforcement — if you haven't been in those dangers,” he said.\u003c/p>\n\u003ch2>Progressive prosecution\u003c/h2>\n\u003cp>On Nov. 3, 2018, Laudemer Arboleda fled from a traffic stop in the East Bay suburb of Danville. At the end of a low-speed car chase, he steered his car into a gap between two patrol cars. Contra Costa County Sheriff's Deputy Andrew Hall ran around the front of one of the cars, putting himself in the path of Arboleda’s slow-moving vehicle before shooting him nine times, killing him.[aside label=\"Related Coverage\" tag=\"police-killings\"]It wasn’t until April 21, 2021, that Contra Costa County District Attorney Diana Becton filed charges against Hall, the same day the sheriff’s office released video of Hall fatally shooting another man, Tyrell Wilson, the month before. Becton, a member of DeBerry’s progressive Prosecutors Alliance, announced charges against Hall the day after Derek Chauvin was convicted of murdering George Floyd in Minneapolis.\u003c/p>\n\u003cp>“Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness,” Becton said in her charging announcement.\u003c/p>\n\u003cp>She did not respond to emails requesting comment for this story.\u003c/p>\n\u003cp>Although national data is unreliable, research from the national Treatment Advocacy Center, a mental health advocacy group, estimates that \u003ca href=\"https://www.treatmentadvocacycenter.org/overlooked-in-the-undercounted\">people with a serious mental illness are 16 times more likely to be killed in encounters with law enforcement\u003c/a>. In some cities, as many as \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">half of the people shot and killed by police are experiencing a psychiatric crisis\u003c/a>.\u003c/p>\n\u003cp>In four of the five Bay Area cases that have recently been prosecuted, the person killed was determined to be experiencing psychiatric distress or suffering from ongoing mental illness.\u003c/p>\n\u003cp>The jury found Hall guilty of assault with a firearm but deadlocked on the higher charge of voluntary manslaughter. Still, Hall faces up to 17 years in prison, with sentencing scheduled for early March. Hall’s lawyer declined to comment for this story.\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin, also a member of the Prosecutors Alliance, has filed charges against two officers for killing Black men who were not armed. Statistics collected by The Washington Post show that \u003ca href=\"https://www.washingtonpost.com/graphics/investigations/police-shootings-database/?itid=lb_police-reform-in-america_2\">Black people in the U.S. are fatally shot by police at more than twice the rate of white people\u003c/a>.\u003c/p>\n\u003cp>Christopher Samayoa, the San Francisco police officer who fatally shot 42-year-old Keita O'Neil on Dec. 1, 2017, faces manslaughter and assault charges. The incident occurred after O’Neil, who was later found to be unarmed, ditched a state lottery van he’d allegedly stolen and started running. As O'Neil tried to flee, Samayoa shot at him through the passenger window of his police car.\u003c/p>\n\u003cp>The police department fired Samayoa, still a probationary officer, in early 2018. His lawyer declined to comment for this story.\u003c/p>\n\u003cp>[ad fullwidth]Kenneth Cha, the other officer charged by Boudin, shot Sean Moore on Jan. 6, 2017, after responding to a neighbor’s noise complaint. From behind a metal door grate, Moore told Cha and his partner to leave and shouted obscenities at them, body camera video of the incident shows. The two officers then retreated, but subsequently climbed back up the steps and tried to detain Moore when he opened the door to pick something up outside. When Moore began to fight with the officers, Cha fired twice, hitting him in the stomach and the groin.\u003c/p>\n\u003cp>Boudin charges that officers overstepped their legal authority when they went back up the steps to Moore’s residence after being told to leave. Cha’s lawyer did not respond to requests for comment.\u003c/p>\n\u003cp>“You know, we have a right,” Moore’s mother, Cleo, said. “We're Black, but we have a right. We are honest, working people. My son had a nice, honest education. He can't control that he had a mental illness.”\u003c/p>\n\u003cp>Moore, who was diagnosed with schizophrenia, died in San Quentin State Prison in 2020, where he was serving time on unrelated charges. The coroner found that complications from the 3-year-old gunshot wound caused Moore’s death.\u003c/p>\n\u003cp>These prosecutions may have political ramifications for district attorneys. In San Francisco, the \u003ca href=\"https://www.kqed.org/news/11904694/sf-police-commission-grills-police-chief-resolution-in-fight-with-da-remains-out-of-reach\">police chief recently moved to sever an agreement that allowed the DA’s office\u003c/a> to take the lead on police killings and use-of-force investigations, accusing Boudin’s office of violating the agreement by withholding information from the police department. The DA has denied violating the agreement.\u003c/p>\n\u003cp>“Public trust in law enforcement requires equal enforcement of the law,” Boudin said. “It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.”\u003c/p>\n\u003ch2>\u003cstrong>New evidence\u003c/strong>\u003c/h2>\n\u003cp>Another reason for the recent rise in police prosecutions, according to DeBerry, is the widespread adoption of body cameras and the ubiquity of bystanders recording video, yielding footage that can provide key evidence beyond the word of police officers.\u003c/p>\n\u003cp>All of the recent officer prosecutions in the Bay Area rely heavily on body camera footage.\u003c/p>\n\u003cp>During the trial of former Sonoma County Sheriff's Deputy Charles Blount, the jury was shown disturbing footage in which Blount reached through the window of David Ward’s car to try to pull him out, before repeatedly slamming Ward's head against the side of the vehicle.\u003c/p>\n\u003cp>Through the driver’s side window, Blount then wrapped his arms around Ward’s neck in an unorthodox hold — a maneuver that has since been banned in California — until Ward lost consciousness. Ward never woke up and was pronounced dead at a nearby hospital about an hour later.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Chesa Boudin, San Francisco district attorney\"]'Public trust in law enforcement requires equal enforcement of the law. It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.'[/pullquote]Officers began their seven-minute pursuit of Ward based on reports that the car he was driving had been stolen in an armed carjacking. But moments after the struggle, as Ward lay handcuffed and unresponsive on the ground, another deputy recognized him and told Blount that Ward was in fact the owner of the vehicle.\u003c/p>\n\u003cp>\"Oh, well,” Blount responded.\u003c/p>\n\u003cp>That’s when officers realized Ward had stopped breathing.\u003c/p>\n\u003cp>Ultimately, however, neither the graphic body camera footage nor expert testimony convinced the jury of Blount’s guilt. He was \u003ca href=\"https://www.kqed.org/news/11903907/former-sonoma-county-deputy-found-not-guilty-in-2019-death-of-disabled-man\">acquitted of all charges\u003c/a>.\u003c/p>\n\u003cp>Blount’s lawyer, Harry Stern, argued that Ward’s drug use and compromised health caused his death — although \u003ca href=\"https://www.kqed.org/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death\">the death was identified as a homicide\u003c/a> in the coroner’s report.\u003c/p>\n\u003cp>Civil rights attorney Izaak Schwaiger, who represented Ward’s family in a civil lawsuit, said the verdict grants law enforcement a “seal of approval” to act with impunity in Sonoma County. The county settled the civil case for $3.8 million.\u003c/p>\n\u003cp>“I'm afraid that here, Sonoma County is showing its true colors and that they're not ready for more progressive government, and they're not ready for accountability within law enforcement,” Schwaiger said.\u003c/p>\n\u003ch2>\u003cstrong>Under review\u003c/strong>\u003c/h2>\n\u003cp>On June 2, 2020, as protests against police brutality and the killing of Floyd and Breonna Taylor continued across the Bay Area, Vallejo Police Detective Jarrett Tonn shot and killed Sean Monterrosa outside a Walgreens. Monterrosa had a hammer in his sweatshirt pocket, which Tonn said he mistook for a gun.\u003c/p>\n\u003cp>Vallejo Police Chief Shawny Williams moved to fire Tonn in December after an independent investigation found that the shooting was not reasonable. The report said that the officers who drove up to the Walgreens to stop a potential burglary in progress didn’t have enough evidence that Monterrosa was a deadly threat. It also criticized the officers for rushing into the situation without a plan, creating a chain of events that led to the fatal shooting.\u003c/p>\n\u003cp>The Solano County district attorney declined to review the incident for criminal violations, which left the charging decision in the hands of state Attorney General Rob Bonta. His office is currently reviewing the case.\u003c/p>\n\u003cp>“For our family, what criminal charges for Jarrett Tonn would mean, you know, it's the bare minimum,” said Michelle Monterrosa, Sean’s sister.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Cleo Moore, wearing a faded T-shirt, answered the door of her Daly City home just south of San Francisco on a recent February afternoon.\u003c/p>\n\u003cp>The shirt had a screen-print photo of Sean Moore, her deceased youngest son, who is wearing a baseball uniform and posing in a batting stance.\u003c/p>\n\u003cp>“He’s a human being,” she said. “He wasn’t a dog to be shot down like he was shot down.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sean Moore was raised in a family of San Francisco public servants. Cleo, his mother, spent four decades as a nurse at San Francisco General Hospital. His father, the late Loyce Amos Moore, worked for Muni for 30 years. His older half-brother, Kenneth Blackmon, recently retired from the San Francisco Juvenile Probation Department after 20 years.\u003c/p>\n\u003cp>Cleo said she often worked alongside police officers and sheriff’s deputies at the hospital, and her father and brother were law enforcement officers in Texas.\u003c/p>\n\u003cp>“I’m not against police officers,” she said. “There’s a need for good police officers.”\u003c/p>\n\u003cp>But she is glad that over four years after her youngest son was shot by a San Francisco police officer, and a year after he died from complications of the gunshot wound, the officer was recently charged with manslaughter for his death.\u003c/p>\n\u003cp>“If it had been Sean that had done what this officer did, he wouldn’t see the light of day. He’s no different,” Cleo said.\u003c/p>\n\u003cp>The charges against San Francisco Police Officer Kenneth Cha for shooting Sean Moore are part of a new wave of police prosecutions in the Bay Area that come during a major shift in police accountability in California and the rest of the country. Before the 2020 public murder of George Floyd by Minneapolis police officer Derek Chauvin reignited a nationwide protest movement against police violence, it would have been unusual to see even one of these manslaughter cases brought to trial. These recent cases may chart the course for police prosecutions moving forward, setting new guardrails for officer use of force.\u003c/p>\n\u003cp>The facts of the five Bay Area cases charged since Floyd’s death vary. All concern killings that occurred before Floyd’s death, the earliest reaching back five years. Three of the people killed were Black men.\u003c/p>\n\u003cfigure id=\"attachment_11905905\" class=\"wp-caption alignright\" style=\"max-width: 2071px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\">\u003cimg class=\"size-full wp-image-11905905\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png\" alt=\"A chart of recent cases against Bay Area police officers who killed suspects.\" width=\"2071\" height=\"1945\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span-.png 2071w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--800x751.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1020x958.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--160x150.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1536x1443.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--2048x1923.png 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/Ibpl7-span-style-text-align-center-display-block-bay-area-officers-charged-span--1920x1803.png 1920w\" sizes=\"(max-width: 2071px) 100vw, 2071px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Graphic by Sukey Lewis and Matthew Green/KQED\u003c/figcaption>\u003c/figure>\n\u003cul>\n\u003cli>San Leandro Police Officer Jason Fletcher tased and then shot Steven Taylor as he held a baseball bat inside a San Leandro Walmart in 2020.\u003c/li>\n\u003cli>Sonoma County Sheriff's Deputy Charles Blount choked David Ward through the window of his car after a chase in Sonoma County in 2019.\u003c/li>\n\u003cli>Contra Costa County Sheriff's Deputy Andrew Hall shot at Laudemer Arboleda eight times in 2018 as the man drove into a gap between two police cars and Hall ran into the vehicle’s path.\u003c/li>\n\u003cli>Rookie San Francisco Police Officer Christopher Samayoa fatally shot Keita O’Neil as he fled after allegedly stealing a lottery van in San Francisco in 2017.\u003c/li>\n\u003cli>San Francisco Police Officer Kenneth Cha shot Sean Moore in the stomach and the groin in 2017 after responding to a noise complaint at Moore’s home.\u003c/li>\n\u003c/ul>\n\u003cp>Cristine Soto DeBerry, executive director of the Prosecutors Alliance of California, a group that advocates for progressive criminal justice reforms, said many district attorneys are paying attention to police killings more closely than they ever have before.\u003c/p>\n\u003cp>“It really was not the central focus of most prosecutors’ offices anywhere to think about, ‘How well am I regulating police excessive use of force?’” DeBerry said. “That was not a commonly held conversation in the profession.”\u003c/p>\n\u003cp>Now, she says, it is.\u003c/p>\n\u003ch2>\u003cstrong>Necessary vs. reasonable \u003c/strong>\u003c/h2>\n\u003cp>Alameda County’s prosecution of San Leandro Police Officer Jason Fletcher is the singular Bay Area case that relies on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB392\">Assembly Bill 392\u003c/a>, a 2020 state law that only justifies the use of deadly force when an officer believes, “based on the totality of the circumstances, that such force is necessary,” as opposed to the previous standard of “reasonable.”\u003c/p>\n\u003cp>The prosecution is widely seen as a test case for California’s new standard, which is the strictest in the country, and could inspire changes in other states.\u003c/p>\n\u003cp>On April 18, 2020, Fletcher responded to calls from a Walmart in San Leandro, reporting a man holding a baseball bat. Body camera footage showed the suspect, Steven Taylor, standing by shopping carts near the front of the store, still holding the bat, as Fletcher arrived at the scene, alone. Critically, Fletcher made the decision to move toward the 33-year-old Black man, telling him to “drop the bat,” and then trying to grab it from him.\u003c/p>\n\u003cp>“You're going to have to, you’re going to have to,” Taylor said, according to a bystander’s cellphone video of the incident.\u003c/p>\n\u003cp>Fletcher then tased Taylor twice, and then shot him once as he staggered forward.\u003c/p>\n\u003cp>Under the standard of the new law, a district attorney must consider the “totality of circumstances” leading up to the moment an officer shoots, including decisions the officer makes. Fletcher engaged Taylor without waiting for backup to arrive, and he failed to try to deescalate the situation, according to subsequent criminal and administrative investigations.\u003c/p>\n\u003cp>“He was comin’ to kill me,” Fletcher said, according to a partial transcript of his interview with criminal investigators that was made public. “He’s not coming to give me a hug. He’s not comin’ to say, ‘Hey, sorry about that.’ He’s got wires in him. I’ve shocked the shit out of him twice. I don’t know if he’s crazy. I don’t know if he’s on drugs. He’s comin’ to kill me. And I’m not gonna die in a fuckin’ Walmart.”\u003c/p>\n\u003cp>The Alameda County District Attorney’s Office investigation, however, found that Taylor “posed no threat of imminent deadly force or serious bodily injury to defendant Fletcher or anyone else in the store,” it said in a press release, announcing the decision to charge Taylor with voluntary manslaughter.\u003c/p>\n\u003cp>Fletcher has pleaded not guilty. His lawyer declined to comment for this story. A judge is expected to set a trial date in April.\u003c/p>\n\u003cp>While none of his deputies are charged, Alameda County Sheriff Greg Ahern said law enforcement leaders like him are paying close attention to the rise in officer prosecutions. He declined to comment directly on Fletcher’s case, but said those in law enforcement often evaluate fatal incidents differently from the public.\u003c/p>\n\u003cp>“It's difficult to get into that officer's mind unless you've actually been in law enforcement — if you haven't been in those dangers,” he said.\u003c/p>\n\u003ch2>Progressive prosecution\u003c/h2>\n\u003cp>On Nov. 3, 2018, Laudemer Arboleda fled from a traffic stop in the East Bay suburb of Danville. At the end of a low-speed car chase, he steered his car into a gap between two patrol cars. Contra Costa County Sheriff's Deputy Andrew Hall ran around the front of one of the cars, putting himself in the path of Arboleda’s slow-moving vehicle before shooting him nine times, killing him.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>It wasn’t until April 21, 2021, that Contra Costa County District Attorney Diana Becton filed charges against Hall, the same day the sheriff’s office released video of Hall fatally shooting another man, Tyrell Wilson, the month before. Becton, a member of DeBerry’s progressive Prosecutors Alliance, announced charges against Hall the day after Derek Chauvin was convicted of murdering George Floyd in Minneapolis.\u003c/p>\n\u003cp>“Officer Hall’s actions underscore the need for a continued focus on de-escalation training and improved coordinated responses to individuals suffering from mental illness,” Becton said in her charging announcement.\u003c/p>\n\u003cp>She did not respond to emails requesting comment for this story.\u003c/p>\n\u003cp>Although national data is unreliable, research from the national Treatment Advocacy Center, a mental health advocacy group, estimates that \u003ca href=\"https://www.treatmentadvocacycenter.org/overlooked-in-the-undercounted\">people with a serious mental illness are 16 times more likely to be killed in encounters with law enforcement\u003c/a>. In some cities, as many as \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">half of the people shot and killed by police are experiencing a psychiatric crisis\u003c/a>.\u003c/p>\n\u003cp>In four of the five Bay Area cases that have recently been prosecuted, the person killed was determined to be experiencing psychiatric distress or suffering from ongoing mental illness.\u003c/p>\n\u003cp>The jury found Hall guilty of assault with a firearm but deadlocked on the higher charge of voluntary manslaughter. Still, Hall faces up to 17 years in prison, with sentencing scheduled for early March. Hall’s lawyer declined to comment for this story.\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin, also a member of the Prosecutors Alliance, has filed charges against two officers for killing Black men who were not armed. Statistics collected by The Washington Post show that \u003ca href=\"https://www.washingtonpost.com/graphics/investigations/police-shootings-database/?itid=lb_police-reform-in-america_2\">Black people in the U.S. are fatally shot by police at more than twice the rate of white people\u003c/a>.\u003c/p>\n\u003cp>Christopher Samayoa, the San Francisco police officer who fatally shot 42-year-old Keita O'Neil on Dec. 1, 2017, faces manslaughter and assault charges. The incident occurred after O’Neil, who was later found to be unarmed, ditched a state lottery van he’d allegedly stolen and started running. As O'Neil tried to flee, Samayoa shot at him through the passenger window of his police car.\u003c/p>\n\u003cp>The police department fired Samayoa, still a probationary officer, in early 2018. His lawyer declined to comment for this story.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Kenneth Cha, the other officer charged by Boudin, shot Sean Moore on Jan. 6, 2017, after responding to a neighbor’s noise complaint. From behind a metal door grate, Moore told Cha and his partner to leave and shouted obscenities at them, body camera video of the incident shows. The two officers then retreated, but subsequently climbed back up the steps and tried to detain Moore when he opened the door to pick something up outside. When Moore began to fight with the officers, Cha fired twice, hitting him in the stomach and the groin.\u003c/p>\n\u003cp>Boudin charges that officers overstepped their legal authority when they went back up the steps to Moore’s residence after being told to leave. Cha’s lawyer did not respond to requests for comment.\u003c/p>\n\u003cp>“You know, we have a right,” Moore’s mother, Cleo, said. “We're Black, but we have a right. We are honest, working people. My son had a nice, honest education. He can't control that he had a mental illness.”\u003c/p>\n\u003cp>Moore, who was diagnosed with schizophrenia, died in San Quentin State Prison in 2020, where he was serving time on unrelated charges. The coroner found that complications from the 3-year-old gunshot wound caused Moore’s death.\u003c/p>\n\u003cp>These prosecutions may have political ramifications for district attorneys. In San Francisco, the \u003ca href=\"https://www.kqed.org/news/11904694/sf-police-commission-grills-police-chief-resolution-in-fight-with-da-remains-out-of-reach\">police chief recently moved to sever an agreement that allowed the DA’s office\u003c/a> to take the lead on police killings and use-of-force investigations, accusing Boudin’s office of violating the agreement by withholding information from the police department. The DA has denied violating the agreement.\u003c/p>\n\u003cp>“Public trust in law enforcement requires equal enforcement of the law,” Boudin said. “It requires that we dispassionately and neutrally look at police use-of-force cases and evaluate whether the force used was proportionate and lawful under the circumstances.”\u003c/p>\n\u003ch2>\u003cstrong>New evidence\u003c/strong>\u003c/h2>\n\u003cp>Another reason for the recent rise in police prosecutions, according to DeBerry, is the widespread adoption of body cameras and the ubiquity of bystanders recording video, yielding footage that can provide key evidence beyond the word of police officers.\u003c/p>\n\u003cp>All of the recent officer prosecutions in the Bay Area rely heavily on body camera footage.\u003c/p>\n\u003cp>During the trial of former Sonoma County Sheriff's Deputy Charles Blount, the jury was shown disturbing footage in which Blount reached through the window of David Ward’s car to try to pull him out, before repeatedly slamming Ward's head against the side of the vehicle.\u003c/p>\n\u003cp>Through the driver’s side window, Blount then wrapped his arms around Ward’s neck in an unorthodox hold — a maneuver that has since been banned in California — until Ward lost consciousness. Ward never woke up and was pronounced dead at a nearby hospital about an hour later.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Officers began their seven-minute pursuit of Ward based on reports that the car he was driving had been stolen in an armed carjacking. But moments after the struggle, as Ward lay handcuffed and unresponsive on the ground, another deputy recognized him and told Blount that Ward was in fact the owner of the vehicle.\u003c/p>\n\u003cp>\"Oh, well,” Blount responded.\u003c/p>\n\u003cp>That’s when officers realized Ward had stopped breathing.\u003c/p>\n\u003cp>Ultimately, however, neither the graphic body camera footage nor expert testimony convinced the jury of Blount’s guilt. He was \u003ca href=\"https://www.kqed.org/news/11903907/former-sonoma-county-deputy-found-not-guilty-in-2019-death-of-disabled-man\">acquitted of all charges\u003c/a>.\u003c/p>\n\u003cp>Blount’s lawyer, Harry Stern, argued that Ward’s drug use and compromised health caused his death — although \u003ca href=\"https://www.kqed.org/news/11818476/deputies-blunt-force-neck-hold-taser-caused-petaluma-mans-death\">the death was identified as a homicide\u003c/a> in the coroner’s report.\u003c/p>\n\u003cp>Civil rights attorney Izaak Schwaiger, who represented Ward’s family in a civil lawsuit, said the verdict grants law enforcement a “seal of approval” to act with impunity in Sonoma County. The county settled the civil case for $3.8 million.\u003c/p>\n\u003cp>“I'm afraid that here, Sonoma County is showing its true colors and that they're not ready for more progressive government, and they're not ready for accountability within law enforcement,” Schwaiger said.\u003c/p>\n\u003ch2>\u003cstrong>Under review\u003c/strong>\u003c/h2>\n\u003cp>On June 2, 2020, as protests against police brutality and the killing of Floyd and Breonna Taylor continued across the Bay Area, Vallejo Police Detective Jarrett Tonn shot and killed Sean Monterrosa outside a Walgreens. Monterrosa had a hammer in his sweatshirt pocket, which Tonn said he mistook for a gun.\u003c/p>\n\u003cp>Vallejo Police Chief Shawny Williams moved to fire Tonn in December after an independent investigation found that the shooting was not reasonable. The report said that the officers who drove up to the Walgreens to stop a potential burglary in progress didn’t have enough evidence that Monterrosa was a deadly threat. It also criticized the officers for rushing into the situation without a plan, creating a chain of events that led to the fatal shooting.\u003c/p>\n\u003cp>The Solano County district attorney declined to review the incident for criminal violations, which left the charging decision in the hands of state Attorney General Rob Bonta. His office is currently reviewing the case.\u003c/p>\n\u003cp>“For our family, what criminal charges for Jarrett Tonn would mean, you know, it's the bare minimum,” said Michelle Monterrosa, Sean’s sister.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>California and Oil From the Amazon\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">A quarter of the crude oil that California imports comes from the Amazon region. In fact, California imports more oil from Ecuador than from Saudi Arabia or Iraq, and the state is the world’s largest consumer of Ecuadorian oil, according to a \u003c/span>\u003ca href=\"https://www.stand.earth/LinkedFates\">\u003cspan style=\"font-weight: 400\">recent report\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. The study, released by Amazon Watch and Stand.earth, also examines how fossil fuel extraction is affecting the communities and environment of the Ecuadorian rainforest.\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\">Kevin Koenig, Amazon Watch climate and energy director\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tyson Miller, Stand.earth Amazon program director\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California News and Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, Gov. Gavin Newsom released his long-term plan for living with COVID-19 as the virus eventually becomes endemic. Meanwhile, a new \u003c/span>\u003ca href=\"https://escholarship.org/uc/item/6ft4h17c\">\u003cspan style=\"font-weight: 400\">poll\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> by the Institute of Governmental Studies finds that Californians are increasingly concerned about rising crime. We also chew on the latest political news, including legislation that aims to control the wild pig population, the run-off election for the state Assembly seat recently vacated by David Chiu, and what San Francisco District Attorney Chesa Boudin can do about the Asian American community’s concern about hate crimes.\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\">Joe Fitzgerald Rodriguez, KQED reporter and digital producer\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Marisa Lagos, KQED politics and government correspondent\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Something Beautiful: Lands End Exhibit\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week’s Something Beautiful features a new art exhibit titled “Lands End,” which examines humanity’s relationship with the environment. The exhibit is organized by the FOR-SITE Foundation and runs through March 22. You can read our review of the show \u003c/span>\u003ca href=\"https://www.kqed.org/arts/13906957/lands-end-for-site-cliff-house-review\">\u003cspan style=\"font-weight: 400\">here\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"description": "California and Oil From the Amazon A quarter of the crude oil that California imports comes from the Amazon region. In fact, California imports more oil from Ecuador than from Saudi Arabia or Iraq, and the state is the world's largest consumer of Ecuadorian oil, according to a recent report. The study, released by Amazon Watch and Stand.earth, also examines how fossil fuel extraction is affecting the communities and environment of the Ecuadorian rainforest. Guests: Kevin Koenig, Amazon Watch climate and energy director Tyson Miller, Stand.earth Amazon program director This Week in California News and Politics This week, Gov. Gavin",
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"content": "\u003cp>On Feb. 19, 1942, President Franklin Delano Roosevelt signed Executive Order 9066. It \u003ca href=\"https://www.archives.gov/education/lessons/japanese-relocation#background\">sent approximately 70,000 U.S. citizens\u003c/a> into \u003ca href=\"#concentrationcamp\">concentration camps\u003c/a> for years, including a very young \u003ca href=\"https://www.georgetakei.com/\">George Takei\u003c/a>.\u003c/p>\n\u003cp>\"I was 5 years old at the time,\" recalls the actor. \"It was a terrorizing morning I will never be able to forget. Literally at gunpoint, we were ordered out of our home.\"\u003c/p>\n\u003cp>Best known for playing Mr. Sulu in the original \"Star Trek,\" Takei is a longtime activist whose causes have included LGBTQ rights and reparations for Japanese American survivors of concentration camps. In 1942, his family was sent to Rohwer War Relocation Center in Arkansas, then later to Tule Lake Segregation Center in Northern California. The Takei family was among thousands of American families who lost their homes, farms, stores, cars, churches, temples and countless belongings because of xenophobia and racism.\u003c/p>\n\u003cp>\"Some people had their life savings taken from them just because we looked like the people who bombed Pearl Harbor,\" Takei says.\u003c/p>\n\u003cfigure id=\"attachment_11905725\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11905725 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/gettyimages-2696598-c8618e2cb82ad24872943ba94c33ff875df34960-scaled-e1645224923493.jpg\" alt=\"black and white photo of a car in front of a downtown Oakland storefront, with a large sign saying 'I AM AN AMERICAN' hung above the entrance\" width=\"1920\" height=\"1440\">\u003cfigcaption class=\"wp-caption-text\">A sign on the Wanto Co. grocery store in Oakland on Dec. 8, 1941, the day after the attack on Pearl Harbor. The store was closed and the Matsuda family, who owned it, was relocated and incarcerated by the U.S. government. \u003ccite>(Dorothea Lange/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Collectively, Japanese Americans forced into concentration camps lost more than $6 billion adjusted for inflation, according to \u003ca href=\"https://www.upi.com/Archives/1983/06/15/The-economic-losses-of-Japanese-Americans-interned-during-World-War/5877424497600/\">an estimate from the Commission on Wartime Relocation and Internment of Civilians\u003c/a>.\u003c/p>\n\u003cp>This is a story George Takei has told over and over: \u003ca href=\"https://www.npr.org/2019/07/17/742558996/george-takei-recalls-time-in-an-american-internment-camp-in-they-called-us-enemy\">in a memoir\u003c/a>, \u003ca href=\"https://www.youtube.com/watch?v=E-Bo59p_B7U\">on Broadway\u003c/a>, and to members of Congress in 1981. Takei testified at a hearing as part of an effort to push for redress.\u003c/p>\n\u003cp>\"I urge restitution for the incarceration of Japanese Americans because that restitution would, at the same time, be a bold move to strengthen the integrity of America,\" Takei told a federal commission.\u003c/p>\n\u003cp>Working with other activists, he succeeded. In 1988, President Ronald Reagan, a Republican, signed legislation to give $20,000 and a formal apology to Japanese Americans who had survived incarceration.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>George Takei dedicated the money he received from the federal government to the \u003ca href=\"https://www.janm.org/\">Japanese American National Museum\u003c/a> in Los Angeles. Now, he's a passionate supporter of redress for descendants of enslaved people in the U.S.\u003c/p>\n\u003cp>\"For us, it was four horrific years,\" Takei says. \"For African Americans, it's four torturous centuries.\"\u003c/p>\n\u003cp>[aside label='Reparations in California' tag='california-reparations']Such solidarity warms the heart of \u003ca href=\"https://www.brookings.edu/experts/andre-m-perry/\">Andre Perry, a renowned scholar of reparations and a senior fellow at the Brookings Institute\u003c/a>. \"George is exerting a level of patriotism that we don't see today,\" he says. \"You can be of a different persuasion but share a common cause, a common purpose. I may not be related to you, but civically, I'm your brother. I'm your sister. I'm your friend.\"\u003c/p>\n\u003cp>\"If he were around, I'd give him a big hug,\" he adds.\u003c/p>\n\u003cp>Perry notes that the historic experiences of Black Americans and Japanese Americans are obviously very different, but ultimately, he says, it's about getting to a similar place.\u003c/p>\n\u003cp>\"Even with slavery, it's not impossible to find out who deserves reparations,\" he points out. \"And it's clearly not impossible with redlining and criminal justice atrocities. That was not that long ago. We can identify who is injured and who deserves how much. It's really about willingness.\"\u003c/p>\n\u003cfigure id=\"attachment_11905726\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11905726\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/gettyimages-151717374-53de73ad756ea52c6bb54825cb15b48019312275-scaled-e1645226050120.jpg\" alt=\"profile shot of george takei\" width=\"1920\" height=\"1439\">\u003cfigcaption class=\"wp-caption-text\">Actor George Takei in Hollywood in September 2012. \u003ccite>(Robyn Beck/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last year, composer \u003ca href=\"https://www.kenjibunch.net/\">Kenji Bunch\u003c/a> set George Takei's testimony before Congress to music. His piece, called \"Lost Freedom: A Memory,\" premiered at the Moab Music Festival. Takei himself provided narration. \"I believe that America today is strong enough and confident enough to recognize a grievous failure,\" he reads in his inimitable baritone. \"I believe that it is honest enough to acknowledge that damage was done. And I would like to think it is honorable enough to provide proper restitution to the injury that was done.\"\u003c/p>\n\u003cp>Does George Takei still believe that in 2022? He says he does.\u003c/p>\n\u003cp>He says he believes America — and Americans — are still strong and honorable enough for the best of this country's ideals to prevail.\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"concentrationcamp\">\u003c/a>Editor's note: KQED is using the term \"concentration camp\" to describe the facilities in which Japanese American and Japanese people were imprisoned by the United States during World War II. The term \"internment\" most appropriately applies to the detention of foreign nationals during wartime — but during World War II, 70,000 U.S. citizens were incarcerated in camps. The phrase \"internment camp,\" in this context, is a euphemism and therefore misleading. \"Concentration camp\" is most associated with the facilities where millions of Jewish (and non-Jewish) people were forcibly relocated and massacred by the Nazis during the Holocaust. It is also appropriate for the experience of Japanese and Japanese American people in the U.S. during World War II, as the definition of \"concentration camp\" is \"a place where large numbers of people, especially political prisoners or members of persecuted minorities, are deliberately imprisoned in a relatively small area with inadequate facilities, sometimes to provide forced labor or to await mass execution.\"\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=George+Takei+got+reparations.+He+says+they+%27strengthen+the+integrity+of+America%27+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Feb. 19, 1942, President Franklin Delano Roosevelt signed Executive Order 9066. It \u003ca href=\"https://www.archives.gov/education/lessons/japanese-relocation#background\">sent approximately 70,000 U.S. citizens\u003c/a> into \u003ca href=\"#concentrationcamp\">concentration camps\u003c/a> for years, including a very young \u003ca href=\"https://www.georgetakei.com/\">George Takei\u003c/a>.\u003c/p>\n\u003cp>\"I was 5 years old at the time,\" recalls the actor. \"It was a terrorizing morning I will never be able to forget. Literally at gunpoint, we were ordered out of our home.\"\u003c/p>\n\u003cp>Best known for playing Mr. Sulu in the original \"Star Trek,\" Takei is a longtime activist whose causes have included LGBTQ rights and reparations for Japanese American survivors of concentration camps. In 1942, his family was sent to Rohwer War Relocation Center in Arkansas, then later to Tule Lake Segregation Center in Northern California. The Takei family was among thousands of American families who lost their homes, farms, stores, cars, churches, temples and countless belongings because of xenophobia and racism.\u003c/p>\n\u003cp>\"Some people had their life savings taken from them just because we looked like the people who bombed Pearl Harbor,\" Takei says.\u003c/p>\n\u003cfigure id=\"attachment_11905725\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11905725 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/gettyimages-2696598-c8618e2cb82ad24872943ba94c33ff875df34960-scaled-e1645224923493.jpg\" alt=\"black and white photo of a car in front of a downtown Oakland storefront, with a large sign saying 'I AM AN AMERICAN' hung above the entrance\" width=\"1920\" height=\"1440\">\u003cfigcaption class=\"wp-caption-text\">A sign on the Wanto Co. grocery store in Oakland on Dec. 8, 1941, the day after the attack on Pearl Harbor. The store was closed and the Matsuda family, who owned it, was relocated and incarcerated by the U.S. government. \u003ccite>(Dorothea Lange/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Collectively, Japanese Americans forced into concentration camps lost more than $6 billion adjusted for inflation, according to \u003ca href=\"https://www.upi.com/Archives/1983/06/15/The-economic-losses-of-Japanese-Americans-interned-during-World-War/5877424497600/\">an estimate from the Commission on Wartime Relocation and Internment of Civilians\u003c/a>.\u003c/p>\n\u003cp>This is a story George Takei has told over and over: \u003ca href=\"https://www.npr.org/2019/07/17/742558996/george-takei-recalls-time-in-an-american-internment-camp-in-they-called-us-enemy\">in a memoir\u003c/a>, \u003ca href=\"https://www.youtube.com/watch?v=E-Bo59p_B7U\">on Broadway\u003c/a>, and to members of Congress in 1981. Takei testified at a hearing as part of an effort to push for redress.\u003c/p>\n\u003cp>\"I urge restitution for the incarceration of Japanese Americans because that restitution would, at the same time, be a bold move to strengthen the integrity of America,\" Takei told a federal commission.\u003c/p>\n\u003cp>Working with other activists, he succeeded. In 1988, President Ronald Reagan, a Republican, signed legislation to give $20,000 and a formal apology to Japanese Americans who had survived incarceration.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>George Takei dedicated the money he received from the federal government to the \u003ca href=\"https://www.janm.org/\">Japanese American National Museum\u003c/a> in Los Angeles. Now, he's a passionate supporter of redress for descendants of enslaved people in the U.S.\u003c/p>\n\u003cp>\"For us, it was four horrific years,\" Takei says. \"For African Americans, it's four torturous centuries.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Such solidarity warms the heart of \u003ca href=\"https://www.brookings.edu/experts/andre-m-perry/\">Andre Perry, a renowned scholar of reparations and a senior fellow at the Brookings Institute\u003c/a>. \"George is exerting a level of patriotism that we don't see today,\" he says. \"You can be of a different persuasion but share a common cause, a common purpose. I may not be related to you, but civically, I'm your brother. I'm your sister. I'm your friend.\"\u003c/p>\n\u003cp>\"If he were around, I'd give him a big hug,\" he adds.\u003c/p>\n\u003cp>Perry notes that the historic experiences of Black Americans and Japanese Americans are obviously very different, but ultimately, he says, it's about getting to a similar place.\u003c/p>\n\u003cp>\"Even with slavery, it's not impossible to find out who deserves reparations,\" he points out. \"And it's clearly not impossible with redlining and criminal justice atrocities. That was not that long ago. We can identify who is injured and who deserves how much. It's really about willingness.\"\u003c/p>\n\u003cfigure id=\"attachment_11905726\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11905726\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/gettyimages-151717374-53de73ad756ea52c6bb54825cb15b48019312275-scaled-e1645226050120.jpg\" alt=\"profile shot of george takei\" width=\"1920\" height=\"1439\">\u003cfigcaption class=\"wp-caption-text\">Actor George Takei in Hollywood in September 2012. \u003ccite>(Robyn Beck/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last year, composer \u003ca href=\"https://www.kenjibunch.net/\">Kenji Bunch\u003c/a> set George Takei's testimony before Congress to music. His piece, called \"Lost Freedom: A Memory,\" premiered at the Moab Music Festival. Takei himself provided narration. \"I believe that America today is strong enough and confident enough to recognize a grievous failure,\" he reads in his inimitable baritone. \"I believe that it is honest enough to acknowledge that damage was done. And I would like to think it is honorable enough to provide proper restitution to the injury that was done.\"\u003c/p>\n\u003cp>Does George Takei still believe that in 2022? He says he does.\u003c/p>\n\u003cp>He says he believes America — and Americans — are still strong and honorable enough for the best of this country's ideals to prevail.\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"concentrationcamp\">\u003c/a>Editor's note: KQED is using the term \"concentration camp\" to describe the facilities in which Japanese American and Japanese people were imprisoned by the United States during World War II. The term \"internment\" most appropriately applies to the detention of foreign nationals during wartime — but during World War II, 70,000 U.S. citizens were incarcerated in camps. The phrase \"internment camp,\" in this context, is a euphemism and therefore misleading. \"Concentration camp\" is most associated with the facilities where millions of Jewish (and non-Jewish) people were forcibly relocated and massacred by the Nazis during the Holocaust. It is also appropriate for the experience of Japanese and Japanese American people in the U.S. during World War II, as the definition of \"concentration camp\" is \"a place where large numbers of people, especially political prisoners or members of persecuted minorities, are deliberately imprisoned in a relatively small area with inadequate facilities, sometimes to provide forced labor or to await mass execution.\"\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=George+Takei+got+reparations.+He+says+they+%27strengthen+the+integrity+of+America%27+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>This story discusses offensive language used by police officers.\u003c/em>\u003c/p>\n\u003cp>A police sergeant in the small Central Valley town of Avenal received a pay cut for using the N-word in front of the assistant chief, a trainee officer and a community volunteer.\u003c/p>\n\u003cp>That’s according to the findings of a 2016 investigation that is among the first records released to KQED under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB16\">Senate Bill 16\u003c/a>, an expanded police transparency law signed by Gov. Gavin Newsom last year that gives the public a glimpse into how police departments investigate officer discrimination.\u003c/p>\n\u003cp>The Avenal Police Department hired an outside investigator to look into the allegations that Darin Pearson, a veteran sergeant, used a racist slur.\u003c/p>\n\u003cp>“Tell me if this sounds familiar to you,” the investigator asked Pearson during a September 2016 interview, “not to put any words in your mouth.”\u003c/p>\n\u003cp>“Nah, that’s OK,” Pearson said.\u003c/p>\n\u003cp>“‘When I get closer to retirement, and someone says something about the cops shooting Black people, I’m going to say, I’ve never shot a n—’,” the investigator said, using the slur.\u003c/p>\n\u003cp>“That would probably be somewhat close,” Pearson responded.\u003c/p>\n\u003cp>The white, 50-year-old sergeant had worked for the police department in Avenal, a town in Kings County about halfway between the Bay Area and Los Angeles, for about six years. Before that, he’d spent 20 years as a deputy for the Kings County Sheriff, according to a statewide law enforcement database.\u003c/p>\n\u003cp>Pearson told the investigator that, as he neared retirement, it was harder to “keep quiet about all this BS stuff going on,” and so sooner or later “someone” was going to say something like, “Just relax, I haven’t shot a n— in six months.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>SB 16, under which the Avenal investigation was released, expanded the categories of police records available to the public to include findings of discrimination, false arrests and excessive force.\u003c/p>\n\u003cp>State Sen. Nancy Skinner, who authored the law, said policing can’t be effective if “there is mistrust and bad relationship with the community.” The value of the new law, said Skinner, is that transparency “helps to create the ability for the public to hold public servants accountable.”\u003c/p>\n\u003cp>Between 2016 and 2020, the town of Avenal — the “pistachio capital of the world,” according to its website — found that five officers had engaged in discriminatory behavior, including making derogatory comments about women and Spanish-speaking colleagues.\u003c/p>\n\u003cp>That is an unusually high rate of sustained discrimination complaints for a department of just 17 sworn officers, according to complaint data collected by the State Department of Justice. For comparison, the Alameda County Sheriff’s Department — which employs 930 officers, according to numbers provided by the Commission on Peace Officer Standards and Training — said it had no sustained discrimination complaints for the same time period.\u003c/p>\n\u003cfigure id=\"attachment_11905560\" class=\"wp-caption alignright\" style=\"max-width: 767px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11905560\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/DarinPearson-1.jpg\" alt=\"\" width=\"767\" height=\"1039\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/DarinPearson-1.jpg 767w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/DarinPearson-1-160x217.jpg 160w\" sizes=\"(max-width: 767px) 100vw, 767px\">\u003cfigcaption class=\"wp-caption-text\">Darin Pearson, a retired Avenal Police Dept. sergeant, received a 5% pay cut over four months for using the N-word while on duty in 2016. \u003ccite>(Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Avenal Police Chief Rusty Stivers said “there’s a story to be told behind” the high numbers for his department.\u003c/p>\n\u003cp>“I kind of was more proactive than maybe most in handling those types of situations,” he said.\u003c/p>\n\u003cp>Some of the incidents turned out to be minor, Stivers said. For instance, an officer wrote a math equation on a white board with the solution “women = problems” written at the bottom.\u003c/p>\n\u003cp>The chief said he found this written on the board, and decided to do an investigation to understand whether there were “any other underlying issues within the department that I needed to know about.”\u003c/p>\n\u003cp>He cut the offending officer’s pay by 5% for two months. Another officer, who has since retired, was counseled for calling one of his Latino colleagues “dickbeater,” and another one the derogatory term “paisa.” Stivers said those comments don’t reflect his department’s culture, which is nearly half Latino. Avenal’s population is 85% Latino, according to the 2020 census. Avenal has five female officers and no Black officers.\u003c/p>\n\u003cp>Pearson received the most serious discipline. The chief cut Pearson’s pay by 5% for four months. Pearson, who also was the head of the Avenal police officers association, retired in June 2017. He did not respond to emails and Facebook messages requesting comment.\u003c/p>\n\u003cp>The released records also illustrate a gap in Avenal’s internal investigation: The investigator never questioned Pearson’s attitude toward Black people or whether prejudice might impede his ability to fairly enforce the law. It narrowly focused on the use of the N-word itself and who might have heard it, not on what the use of the word might mean.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Frederick Kotto, retired San Jose internal affairs sergeant\"]‘You’re given a loaded firearm and you’re told to go out there in the streets, and based on your judgment, you can use that firearm. And if you have judgment that is skewed to one direction or the other to such an extremity that it can impair your ability to make clear, fair, quick decisions, then I think it’s time to find another career.’[/pullquote]Police Chief Stivers agreed with that assessment. He pointed out that the investigator did ask whether Pearson used the N-word word commonly, and that Pearson said he didn’t.\u003c/p>\n\u003cp>“Knowing Sgt. Pearson, as I knew him, that wasn’t a concern of mine,” said Stivers, who has known Pearson for about 30 years and worked with him at the King’s County Sheriff’s Department.\u003c/p>\n\u003cp>Pearson’s Facebook page states he now lives in Texas. His page also shows that around the same time he used the N-word on duty, he also posted memes mocking #BlackLivesMatter, Michelle Obama, Hillary Clinton and African American names. Stivers said he doesn’t monitor his officers’ social media accounts.\u003c/p>\n\u003cp>Retired San Jose internal affairs sergeant Frederick Kotto said that from his perspective, as a Black law enforcement expert, the slur is actually not the biggest issue at play here: It’s Pearson’s obvious frustration.\u003c/p>\n\u003cp>“You’re not showing the temperament of someone who has been given the authority at your discretion to take the life of another person,” he said.\u003c/p>\n\u003cp>[aside label='Police Records' tag='police-records']On Aug. 25, 2016, according to the documents released by Avenal, Pearson was on patrol with trainee Tyler Stryd. They met up with Assistant Chief Arend LaBlue and a citizen volunteer, Keith Harvick. Harvick, who would go on to serve on the city council, did not respond to voicemails requesting comment.\u003c/p>\n\u003cp>LaBlue briefed Pearson on their anti-gang efforts, according to the records, and then the four men started talking informally.\u003c/p>\n\u003cp>Harvick mentioned an earlier encounter with a woman who had said something like, “Don’t shoot, I’m not Black,” which is when Pearson mentioned getting closer to retirement and police shootings of Black people. Only Pearson used the N-word.\u003c/p>\n\u003cp>“That’s when the chief, LaBlue, got red in the face and pointed at me and said, ‘Let’s go,’” Harvick later told the investigator. He said because he’s hard of hearing and that the car was running he didn’t actually hear the comment.\u003c/p>\n\u003cp>“I assumed that something went down because I’ve seen the look on LaBlue’s face,” Harvick said to the investigator.\u003c/p>\n\u003cp>That night, LaBlue emailed Pearson with the subject line: “Inappropriate comment.”\u003c/p>\n\u003cp>“You said the word [N-word] in front of a trainee and a CRT member who will possibly be on the City Council soon,” LaBlue wrote, repeating the slur. “And being the assistant chief, i’m not sure what you were thinking to say that in front of me or the others.”\u003c/p>\n\u003cp>LaBlue asked Pearson to call Stryd to make sure the trainee understood that kind of language would not be tolerated, and to call and apologize to Harvick.\u003c/p>\n\u003cp>“In this day and age, if it was found out that I let a comment like that go unchecked, I would lose my job,” LaBlue wrote. “You know better than that. Do not do that again.”\u003c/p>\n\u003cp>Pearson’s emailed response was brief: “When your right, your right. You have my apology. Darin”\u003c/p>\n\u003cfigure id=\"attachment_11905594\" class=\"wp-caption aligncenter\" style=\"max-width: 1016px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11905594\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/ApologyEmailScreenshot.jpg\" alt=\"email screenshot\" width=\"1016\" height=\"188\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ApologyEmailScreenshot.jpg 1016w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ApologyEmailScreenshot-800x148.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ApologyEmailScreenshot-160x30.jpg 160w\" sizes=\"(max-width: 1016px) 100vw, 1016px\">\u003cfigcaption class=\"wp-caption-text\">Former Avenal police sergeant Darin Pearson’s emailed response to Assistant Police Chief Arend LaBlue. \u003ccite>(Avenal Police Dept.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Pearson told the investigator he’d called Stryd that same night to let him know that what he’d said violated the police officer’s code of ethics. He said he also told the younger officer there would be moments in his career when he’d need to “blow steam,” but to be careful about who he trusted.\u003c/p>\n\u003cp>“If you want to blow steam and say you hate the movement and whatever else, fine, do it, but do it in a different manner,” Pearson said.\u003c/p>\n\u003cp>The next day Pearson told the assistant chief that he had called the trainee and Harvick. Pearson told the investigator he thought that was the end of it.\u003c/p>\n\u003cp>He told the investigator that the statement came out of his frustration with people thinking “we’re the bad guy for everything.”\u003c/p>\n\u003cp>“I make no excuses,” Pearson said. “What I did was inappropriate, not a problem there. I accept that.”\u003c/p>\n\u003cp>Kotto, the retired San Jose internal affairs sergeant, said this incident should have been a warning sign to higher-ups at the department that Pearson needed counseling.\u003c/p>\n\u003cp>“Again, you’re given a loaded firearm and you’re told to go out there in the streets, and based on your judgment, you can use that firearm,” he said. “And if you have judgment that is skewed to one direction or the other to such an extremity that it can impair your ability to make clear, fair, quick decisions, then I think it’s time to find another career.”\u003c/p>\n\u003cp>The chief said that behind every complaint there is a fuller story that he can’t go into, but he said that the department does “take care of those things behind the scenes.”\u003c/p>\n\u003cp>Stivers said he would handle a similar investigation differently today, “especially after we have to disclose this and a very uncomfortable conversation with a reporter.” Now, he said he would direct the investigator to dig a little deeper.\u003c/p>\n\u003cp>As more records are released under SB 16 in the coming months, we will begin to get a clearer picture of how law enforcement investigates and addresses discrimination among its own.\u003c/p>\n\u003cp>“The public is being let in bit by bit to this previously secret realm of police misconduct,” said David Snyder, executive director of the First Amendment Coalition.\u003c/p>\n\u003cp>“But with each new door that opens, it becomes obvious that there are several others that also should be open. So really, we’re just at the beginning of what I think will be a longer road toward accountability and transparency,” Snyder said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "An investigation into racist slurs uttered by a police officer in the Central Valley town of Avenal is among the first records released to KQED under a new California law expanding the kinds of police records available to the public to include findings of discrimination, false arrests and excessive force.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This story discusses offensive language used by police officers.\u003c/em>\u003c/p>\n\u003cp>A police sergeant in the small Central Valley town of Avenal received a pay cut for using the N-word in front of the assistant chief, a trainee officer and a community volunteer.\u003c/p>\n\u003cp>That’s according to the findings of a 2016 investigation that is among the first records released to KQED under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB16\">Senate Bill 16\u003c/a>, an expanded police transparency law signed by Gov. Gavin Newsom last year that gives the public a glimpse into how police departments investigate officer discrimination.\u003c/p>\n\u003cp>The Avenal Police Department hired an outside investigator to look into the allegations that Darin Pearson, a veteran sergeant, used a racist slur.\u003c/p>\n\u003cp>“Tell me if this sounds familiar to you,” the investigator asked Pearson during a September 2016 interview, “not to put any words in your mouth.”\u003c/p>\n\u003cp>“Nah, that’s OK,” Pearson said.\u003c/p>\n\u003cp>“‘When I get closer to retirement, and someone says something about the cops shooting Black people, I’m going to say, I’ve never shot a n—’,” the investigator said, using the slur.\u003c/p>\n\u003cp>“That would probably be somewhat close,” Pearson responded.\u003c/p>\n\u003cp>The white, 50-year-old sergeant had worked for the police department in Avenal, a town in Kings County about halfway between the Bay Area and Los Angeles, for about six years. Before that, he’d spent 20 years as a deputy for the Kings County Sheriff, according to a statewide law enforcement database.\u003c/p>\n\u003cp>Pearson told the investigator that, as he neared retirement, it was harder to “keep quiet about all this BS stuff going on,” and so sooner or later “someone” was going to say something like, “Just relax, I haven’t shot a n— in six months.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>SB 16, under which the Avenal investigation was released, expanded the categories of police records available to the public to include findings of discrimination, false arrests and excessive force.\u003c/p>\n\u003cp>State Sen. Nancy Skinner, who authored the law, said policing can’t be effective if “there is mistrust and bad relationship with the community.” The value of the new law, said Skinner, is that transparency “helps to create the ability for the public to hold public servants accountable.”\u003c/p>\n\u003cp>Between 2016 and 2020, the town of Avenal — the “pistachio capital of the world,” according to its website — found that five officers had engaged in discriminatory behavior, including making derogatory comments about women and Spanish-speaking colleagues.\u003c/p>\n\u003cp>That is an unusually high rate of sustained discrimination complaints for a department of just 17 sworn officers, according to complaint data collected by the State Department of Justice. For comparison, the Alameda County Sheriff’s Department — which employs 930 officers, according to numbers provided by the Commission on Peace Officer Standards and Training — said it had no sustained discrimination complaints for the same time period.\u003c/p>\n\u003cfigure id=\"attachment_11905560\" class=\"wp-caption alignright\" style=\"max-width: 767px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11905560\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/DarinPearson-1.jpg\" alt=\"\" width=\"767\" height=\"1039\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/DarinPearson-1.jpg 767w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/DarinPearson-1-160x217.jpg 160w\" sizes=\"(max-width: 767px) 100vw, 767px\">\u003cfigcaption class=\"wp-caption-text\">Darin Pearson, a retired Avenal Police Dept. sergeant, received a 5% pay cut over four months for using the N-word while on duty in 2016. \u003ccite>(Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Avenal Police Chief Rusty Stivers said “there’s a story to be told behind” the high numbers for his department.\u003c/p>\n\u003cp>“I kind of was more proactive than maybe most in handling those types of situations,” he said.\u003c/p>\n\u003cp>Some of the incidents turned out to be minor, Stivers said. For instance, an officer wrote a math equation on a white board with the solution “women = problems” written at the bottom.\u003c/p>\n\u003cp>The chief said he found this written on the board, and decided to do an investigation to understand whether there were “any other underlying issues within the department that I needed to know about.”\u003c/p>\n\u003cp>He cut the offending officer’s pay by 5% for two months. Another officer, who has since retired, was counseled for calling one of his Latino colleagues “dickbeater,” and another one the derogatory term “paisa.” Stivers said those comments don’t reflect his department’s culture, which is nearly half Latino. Avenal’s population is 85% Latino, according to the 2020 census. Avenal has five female officers and no Black officers.\u003c/p>\n\u003cp>Pearson received the most serious discipline. The chief cut Pearson’s pay by 5% for four months. Pearson, who also was the head of the Avenal police officers association, retired in June 2017. He did not respond to emails and Facebook messages requesting comment.\u003c/p>\n\u003cp>The released records also illustrate a gap in Avenal’s internal investigation: The investigator never questioned Pearson’s attitude toward Black people or whether prejudice might impede his ability to fairly enforce the law. It narrowly focused on the use of the N-word itself and who might have heard it, not on what the use of the word might mean.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘You’re given a loaded firearm and you’re told to go out there in the streets, and based on your judgment, you can use that firearm. And if you have judgment that is skewed to one direction or the other to such an extremity that it can impair your ability to make clear, fair, quick decisions, then I think it’s time to find another career.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Police Chief Stivers agreed with that assessment. He pointed out that the investigator did ask whether Pearson used the N-word word commonly, and that Pearson said he didn’t.\u003c/p>\n\u003cp>“Knowing Sgt. Pearson, as I knew him, that wasn’t a concern of mine,” said Stivers, who has known Pearson for about 30 years and worked with him at the King’s County Sheriff’s Department.\u003c/p>\n\u003cp>Pearson’s Facebook page states he now lives in Texas. His page also shows that around the same time he used the N-word on duty, he also posted memes mocking #BlackLivesMatter, Michelle Obama, Hillary Clinton and African American names. Stivers said he doesn’t monitor his officers’ social media accounts.\u003c/p>\n\u003cp>Retired San Jose internal affairs sergeant Frederick Kotto said that from his perspective, as a Black law enforcement expert, the slur is actually not the biggest issue at play here: It’s Pearson’s obvious frustration.\u003c/p>\n\u003cp>“You’re not showing the temperament of someone who has been given the authority at your discretion to take the life of another person,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>On Aug. 25, 2016, according to the documents released by Avenal, Pearson was on patrol with trainee Tyler Stryd. They met up with Assistant Chief Arend LaBlue and a citizen volunteer, Keith Harvick. Harvick, who would go on to serve on the city council, did not respond to voicemails requesting comment.\u003c/p>\n\u003cp>LaBlue briefed Pearson on their anti-gang efforts, according to the records, and then the four men started talking informally.\u003c/p>\n\u003cp>Harvick mentioned an earlier encounter with a woman who had said something like, “Don’t shoot, I’m not Black,” which is when Pearson mentioned getting closer to retirement and police shootings of Black people. Only Pearson used the N-word.\u003c/p>\n\u003cp>“That’s when the chief, LaBlue, got red in the face and pointed at me and said, ‘Let’s go,’” Harvick later told the investigator. He said because he’s hard of hearing and that the car was running he didn’t actually hear the comment.\u003c/p>\n\u003cp>“I assumed that something went down because I’ve seen the look on LaBlue’s face,” Harvick said to the investigator.\u003c/p>\n\u003cp>That night, LaBlue emailed Pearson with the subject line: “Inappropriate comment.”\u003c/p>\n\u003cp>“You said the word [N-word] in front of a trainee and a CRT member who will possibly be on the City Council soon,” LaBlue wrote, repeating the slur. “And being the assistant chief, i’m not sure what you were thinking to say that in front of me or the others.”\u003c/p>\n\u003cp>LaBlue asked Pearson to call Stryd to make sure the trainee understood that kind of language would not be tolerated, and to call and apologize to Harvick.\u003c/p>\n\u003cp>“In this day and age, if it was found out that I let a comment like that go unchecked, I would lose my job,” LaBlue wrote. “You know better than that. Do not do that again.”\u003c/p>\n\u003cp>Pearson’s emailed response was brief: “When your right, your right. You have my apology. Darin”\u003c/p>\n\u003cfigure id=\"attachment_11905594\" class=\"wp-caption aligncenter\" style=\"max-width: 1016px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11905594\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/ApologyEmailScreenshot.jpg\" alt=\"email screenshot\" width=\"1016\" height=\"188\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ApologyEmailScreenshot.jpg 1016w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ApologyEmailScreenshot-800x148.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/ApologyEmailScreenshot-160x30.jpg 160w\" sizes=\"(max-width: 1016px) 100vw, 1016px\">\u003cfigcaption class=\"wp-caption-text\">Former Avenal police sergeant Darin Pearson’s emailed response to Assistant Police Chief Arend LaBlue. \u003ccite>(Avenal Police Dept.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Pearson told the investigator he’d called Stryd that same night to let him know that what he’d said violated the police officer’s code of ethics. He said he also told the younger officer there would be moments in his career when he’d need to “blow steam,” but to be careful about who he trusted.\u003c/p>\n\u003cp>“If you want to blow steam and say you hate the movement and whatever else, fine, do it, but do it in a different manner,” Pearson said.\u003c/p>\n\u003cp>The next day Pearson told the assistant chief that he had called the trainee and Harvick. Pearson told the investigator he thought that was the end of it.\u003c/p>\n\u003cp>He told the investigator that the statement came out of his frustration with people thinking “we’re the bad guy for everything.”\u003c/p>\n\u003cp>“I make no excuses,” Pearson said. “What I did was inappropriate, not a problem there. I accept that.”\u003c/p>\n\u003cp>Kotto, the retired San Jose internal affairs sergeant, said this incident should have been a warning sign to higher-ups at the department that Pearson needed counseling.\u003c/p>\n\u003cp>“Again, you’re given a loaded firearm and you’re told to go out there in the streets, and based on your judgment, you can use that firearm,” he said. “And if you have judgment that is skewed to one direction or the other to such an extremity that it can impair your ability to make clear, fair, quick decisions, then I think it’s time to find another career.”\u003c/p>\n\u003cp>The chief said that behind every complaint there is a fuller story that he can’t go into, but he said that the department does “take care of those things behind the scenes.”\u003c/p>\n\u003cp>Stivers said he would handle a similar investigation differently today, “especially after we have to disclose this and a very uncomfortable conversation with a reporter.” Now, he said he would direct the investigator to dig a little deeper.\u003c/p>\n\u003cp>As more records are released under SB 16 in the coming months, we will begin to get a clearer picture of how law enforcement investigates and addresses discrimination among its own.\u003c/p>\n\u003cp>“The public is being let in bit by bit to this previously secret realm of police misconduct,” said David Snyder, executive director of the First Amendment Coalition.\u003c/p>\n\u003cp>“But with each new door that opens, it becomes obvious that there are several others that also should be open. So really, we’re just at the beginning of what I think will be a longer road toward accountability and transparency,” Snyder said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>San Francisco and Statewide African American Reparations\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">California is the first state in the nation to create a task force to investigate the possibility of some form of compensation for Black residents, in recognition of historical and ongoing discrimination. In the Bay Area, the city of San Francisco has also taken up the matter with its own commission. Both groups have been meeting since last year and are beginning the process of researching how African Americans have been harmed by racist policies and what could be done to make amends.\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;\">Eric McDonnell, SF African American Reparations Advisory Committee chair\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Otis R. Taylor Jr., KQED \u003c/span>\u003cspan style=\"font-weight: 400;\">supervising senior editor of race and equity\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Lakshmi Sarah, KQED digital producer/reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California News and Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">This week, Gov. Gavin Newsom signed pandemic relief legislation to assist small businesses and also extended COVID-19 paid sick leave. Meanwhile, the state announced that it is lifting indoor mask mandates on Feb. 16 as test-positivity rates continue to fall. We also chew on other news of the week, including a lawsuit filed against Tesla for an alleged hostile and racist workplace and the latest fundraising numbers in a local school board election that’s drawn national attention.\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;\">Guy Marzorati, KQED politics and government 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>\u003cb>Something Beautiful: Iacopi Farms Super Bloom\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">It’s super bloom season — when fields of flowers explode into color at roughly the same time after winter rains. For this week’s Something Beautiful, we go to Iacopi Farms in Half Moon Bay.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>San Francisco and Statewide African American Reparations\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">California is the first state in the nation to create a task force to investigate the possibility of some form of compensation for Black residents, in recognition of historical and ongoing discrimination. In the Bay Area, the city of San Francisco has also taken up the matter with its own commission. Both groups have been meeting since last year and are beginning the process of researching how African Americans have been harmed by racist policies and what could be done to make amends.\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;\">Eric McDonnell, SF African American Reparations Advisory Committee chair\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Otis R. Taylor Jr., KQED \u003c/span>\u003cspan style=\"font-weight: 400;\">supervising senior editor of race and equity\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Lakshmi Sarah, KQED digital producer/reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California News and Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">This week, Gov. Gavin Newsom signed pandemic relief legislation to assist small businesses and also extended COVID-19 paid sick leave. Meanwhile, the state announced that it is lifting indoor mask mandates on Feb. 16 as test-positivity rates continue to fall. We also chew on other news of the week, including a lawsuit filed against Tesla for an alleged hostile and racist workplace and the latest fundraising numbers in a local school board election that’s drawn national attention.\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;\">Guy Marzorati, KQED politics and government 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>\u003cb>Something Beautiful: Iacopi Farms Super Bloom\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">It’s super bloom season — when fields of flowers explode into color at roughly the same time after winter rains. For this week’s Something Beautiful, we go to Iacopi Farms in Half Moon Bay.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Tesla Discriminated Against Black Workers at Fremont Factory, State Lawsuit Says",
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"content": "\u003cp>\u003cem>Updated 5:20 p.m.\u003c/em>\u003c/p>\n\u003cp>California regulators have sued Tesla Inc., alleging the electric carmaker has been discriminating against Black employees at the Bay Area factory where most of its vehicles are made.\u003c/p>\n\u003cp>The lawsuit seems likely to widen a rift between Tesla CEO Elon Musk, the world's wealthiest person, and the state where he launched the company. Tesla is now worth more than $900 billion, less than 20 years after Musk set out to transform the auto industry.\u003c/p>\n\u003cp>Musk moved Tesla's headquarters from Palo Alto to Austin, Texas, last year after publicly feuding with Alameda County officials over whether Tesla's Fremont factory should remain shut down during the spring of 2020 while the coronavirus pandemic was still in its early stages (\u003ca href=\"https://www.kqed.org/news/11818938/tesla-reopens-but-battle-between-carmaker-and-alameda-county-isnt-over\">Musk reopened the factory in defiance of county health orders\u003c/a>).\u003c/p>\n\u003cp>The discrimination lawsuit, \u003ca href=\"https://s3.documentcloud.org/documents/21202498/dfeh-vs-tesla.pdf\">filed late Wednesday in Alameda County Superior Court\u003c/a> by California's Department of Fair Employment and Housing, was sparked by hundreds of worker complaints, said Kevin Kish, the agency's head.\u003c/p>\n\u003cp>The department, which enforces state civil rights laws, \"found evidence that Tesla's Fremont factory is a racially segregated workplace where Black workers are subjected to racial slurs and discriminated against in job assignments, discipline, pay, and promotion creating a hostile work environment,\" Kish said in a statement reported by \u003ca href=\"https://www.wsj.com/articles/tesla-sued-by-california-civil-rights-agency-for-alleged-racial-discrimination-harassment-11644468985?mod=hp_lista_pos1\">The Wall Street Journal\u003c/a> and \u003ca href=\"https://www.bloomberg.com/news/articles/2022-02-10/tesla-sued-by-california-for-race-discrimination-agency-says\">Bloomberg\u003c/a>.\u003c/p>\n\u003cp>In its \u003ca href=\"https://s3.documentcloud.org/documents/21202498/dfeh-vs-tesla.pdf\">39-page complaint filed Wednesday\u003c/a>, the state alleges that Black workers at Tesla's Fremont factory have reported since 2012 that supervisors and managers \"constantly use the n-word and other racial slurs to refer to Black workers.\"\u003c/p>\n\u003cp>Black workers have also complained \"that swastikas, 'KKK,' the n-word, and other racist writing are etched onto walls of restrooms, restroom stalls, lunch tables, and even factory machinery,\" and have said they are often assigned more physically demanding work, paid less than other workers and often denied advancement opportunities, the filing reads.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The lawsuit frames Tesla's move to Texas as an attempt to evade accountability for turning “a blind eye to years of complaints from Black workers who protest commonplace use of racial slurs on the assembly line.\"\u003c/p>\n\u003cp>In response to the complaints, the lawsuit alleges Musk has told workers to be “thick-skinned\" about racial harassment, contributing to the culture that's slow to clean up racist graffiti and other hateful symbols scrawled around the factory.\u003c/p>\n\u003cp>Besides the N-word, other racist language used in the factory included \"porch monkey\" and \"hood rat\" and entreaties that Black workers \"go back to Africa,\" according to the lawsuit. The complaint also alleges the factory was racially segregated, and that the area where Black workers labored was derided as the \"slave ship,\" or \"the plantation.\"\u003c/p>\n\u003cp>Even before the agency filed the lawsuit, Tesla \u003ca href=\"https://www.tesla.com/blog/dfehs-misguided-lawsuit\">preemptively posted a statement on its website\u003c/a> lashing out at what it called an \"unfair and counterproductive\" lawsuit.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='tesla']The company asserted that the agency has been asked on nearly 50 occasions during the past five years to look into allegations of discrimination and harassment, and closed each investigation without finding any evidence of misconduct.\u003c/p>\n\u003cp>\"It therefore strains credibility for the agency to now allege, after a three-year investigation, that systematic racial discrimination and harassment somehow existed at Tesla,\" the company wrote, while trying to frame the lawsuit as a publicity stunt.\u003c/p>\n\u003cp>But this isn't the first time that Tesla's treatment of the roughly 10,000 employees at its Fremont factory has come under scrutiny. The factory remains Tesla's biggest manufacturer of electric cars, even as the company has opened additional plants, including a new one in Texas.\u003c/p>\n\u003cp>Last October, \u003ca href=\"https://www.kqed.org/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse\">a federal jury awarded $137 million in damages to a \u003c/a>\u003ca href=\"https://www.kqed.org/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse\">Black \u003c/a>\u003ca href=\"https://www.kqed.org/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse\">former elevator operator who had alleged he faced daily racist slurs\u003c/a> and other forms of harassment while working at the Fremont plant in 2015 and 2016 before quitting. Tesla is appealing that verdict and has denied any knowledge of racist conduct that the former elevator operator, Owen Diaz, said took place at the plant.\u003c/p>\n\u003cp>And then more than a half dozen current and former Tesla employees filed another lawsuit, alleging the company didn't take adequate steps to protect them against sexual harassment. Tesla is seeking to shift those complaints into arbitration.\u003c/p>\n\u003cp>About 10% of Tesla's U.S. employees are Black and 21% are women, according to the company's latest employment breakdown.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED's David Marks.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 5:20 p.m.\u003c/em>\u003c/p>\n\u003cp>California regulators have sued Tesla Inc., alleging the electric carmaker has been discriminating against Black employees at the Bay Area factory where most of its vehicles are made.\u003c/p>\n\u003cp>The lawsuit seems likely to widen a rift between Tesla CEO Elon Musk, the world's wealthiest person, and the state where he launched the company. Tesla is now worth more than $900 billion, less than 20 years after Musk set out to transform the auto industry.\u003c/p>\n\u003cp>Musk moved Tesla's headquarters from Palo Alto to Austin, Texas, last year after publicly feuding with Alameda County officials over whether Tesla's Fremont factory should remain shut down during the spring of 2020 while the coronavirus pandemic was still in its early stages (\u003ca href=\"https://www.kqed.org/news/11818938/tesla-reopens-but-battle-between-carmaker-and-alameda-county-isnt-over\">Musk reopened the factory in defiance of county health orders\u003c/a>).\u003c/p>\n\u003cp>The discrimination lawsuit, \u003ca href=\"https://s3.documentcloud.org/documents/21202498/dfeh-vs-tesla.pdf\">filed late Wednesday in Alameda County Superior Court\u003c/a> by California's Department of Fair Employment and Housing, was sparked by hundreds of worker complaints, said Kevin Kish, the agency's head.\u003c/p>\n\u003cp>The department, which enforces state civil rights laws, \"found evidence that Tesla's Fremont factory is a racially segregated workplace where Black workers are subjected to racial slurs and discriminated against in job assignments, discipline, pay, and promotion creating a hostile work environment,\" Kish said in a statement reported by \u003ca href=\"https://www.wsj.com/articles/tesla-sued-by-california-civil-rights-agency-for-alleged-racial-discrimination-harassment-11644468985?mod=hp_lista_pos1\">The Wall Street Journal\u003c/a> and \u003ca href=\"https://www.bloomberg.com/news/articles/2022-02-10/tesla-sued-by-california-for-race-discrimination-agency-says\">Bloomberg\u003c/a>.\u003c/p>\n\u003cp>In its \u003ca href=\"https://s3.documentcloud.org/documents/21202498/dfeh-vs-tesla.pdf\">39-page complaint filed Wednesday\u003c/a>, the state alleges that Black workers at Tesla's Fremont factory have reported since 2012 that supervisors and managers \"constantly use the n-word and other racial slurs to refer to Black workers.\"\u003c/p>\n\u003cp>Black workers have also complained \"that swastikas, 'KKK,' the n-word, and other racist writing are etched onto walls of restrooms, restroom stalls, lunch tables, and even factory machinery,\" and have said they are often assigned more physically demanding work, paid less than other workers and often denied advancement opportunities, the filing reads.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The lawsuit frames Tesla's move to Texas as an attempt to evade accountability for turning “a blind eye to years of complaints from Black workers who protest commonplace use of racial slurs on the assembly line.\"\u003c/p>\n\u003cp>In response to the complaints, the lawsuit alleges Musk has told workers to be “thick-skinned\" about racial harassment, contributing to the culture that's slow to clean up racist graffiti and other hateful symbols scrawled around the factory.\u003c/p>\n\u003cp>Besides the N-word, other racist language used in the factory included \"porch monkey\" and \"hood rat\" and entreaties that Black workers \"go back to Africa,\" according to the lawsuit. The complaint also alleges the factory was racially segregated, and that the area where Black workers labored was derided as the \"slave ship,\" or \"the plantation.\"\u003c/p>\n\u003cp>Even before the agency filed the lawsuit, Tesla \u003ca href=\"https://www.tesla.com/blog/dfehs-misguided-lawsuit\">preemptively posted a statement on its website\u003c/a> lashing out at what it called an \"unfair and counterproductive\" lawsuit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The company asserted that the agency has been asked on nearly 50 occasions during the past five years to look into allegations of discrimination and harassment, and closed each investigation without finding any evidence of misconduct.\u003c/p>\n\u003cp>\"It therefore strains credibility for the agency to now allege, after a three-year investigation, that systematic racial discrimination and harassment somehow existed at Tesla,\" the company wrote, while trying to frame the lawsuit as a publicity stunt.\u003c/p>\n\u003cp>But this isn't the first time that Tesla's treatment of the roughly 10,000 employees at its Fremont factory has come under scrutiny. The factory remains Tesla's biggest manufacturer of electric cars, even as the company has opened additional plants, including a new one in Texas.\u003c/p>\n\u003cp>Last October, \u003ca href=\"https://www.kqed.org/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse\">a federal jury awarded $137 million in damages to a \u003c/a>\u003ca href=\"https://www.kqed.org/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse\">Black \u003c/a>\u003ca href=\"https://www.kqed.org/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse\">former elevator operator who had alleged he faced daily racist slurs\u003c/a> and other forms of harassment while working at the Fremont plant in 2015 and 2016 before quitting. Tesla is appealing that verdict and has denied any knowledge of racist conduct that the former elevator operator, Owen Diaz, said took place at the plant.\u003c/p>\n\u003cp>And then more than a half dozen current and former Tesla employees filed another lawsuit, alleging the company didn't take adequate steps to protect them against sexual harassment. Tesla is seeking to shift those complaints into arbitration.\u003c/p>\n\u003cp>About 10% of Tesla's U.S. employees are Black and 21% are women, according to the company's latest employment breakdown.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED's David Marks.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A widening rift made public last week between the San Francisco Police Department and district attorney over who leads investigations into officers’ shootings and other serious uses of force did not appear to narrow despite prolonged debate at the city’s police commission meeting Wednesday night that stretched into Thursday morning.\u003c/p>\n\u003cp>The meeting was the first opportunity for the oversight commission to address, in its agenda, the controversy since Police Chief William Scott announced canceling a groundbreaking three-year-old agreement he helped craft that puts the district attorney’s office in charge of controversial investigations.\u003c/p>\n\u003cp>“We need to find a way to come back to the table,” Commission President Malia Cohen said at the outset of the debate. “It’s been a week. I’m hopeful that cooler heads will prevail.”\u003c/p>\n\u003cp>Scott reiterated his reasoning, which he said over and over has nothing to do with influencing the ongoing jury trial in which SFPD Officer Terrance Stangel faces assault, battery and other felony charges for the 2019 beating of a Black man in response to 911 calls reporting domestic violence. Pretrial testimony in that case from a district attorney’s investigator, however, led to what the police chief described as a “collapse in trust” that reached a “breaking point” that has “catastrophically damaged the confidence” of city police officers in the district attorney’s investigations. [pullquote size=\"medium\" align=\"right\" citation=\"Police Chief William Scott\"]‘The men and women of this department and the nonbinary members of this department, when they’re telling me that this is a crisis, when they’re telling me that our faith in this system, this investigative process is shaken, I think that should be listened to.’[/pullquote]\u003c/p>\n\u003cp>Scott was referring only in part to the explosive Jan. 27 testimony from district attorney investigator Magen Hayashi that she felt pressured to omit information and leave police out of a follow-up interview of a 911 caller who reported domestic violence in the Stangel case. The chief pointed to a litany of other alleged violations of the memorandum of understanding, or MOU, that included delayed information in other cases and the failure of the district attorney to coordinate with police when charging an officer that led to a scramble to disarm and remove officers from public contact after they were facing felonies.\u003c/p>\n\u003cp>“The men and women of this department and the nonbinary members of this department, when they’re telling me that this is a crisis, when they’re telling me that our faith in this system, this investigative process is shaken, I think that should be listened to,” Scott said. “I think that is important.”\u003c/p>\n\u003cp>The police chief also referenced a wrongful termination lawsuit brought in November by Hayashi’s former boss, former district attorney’s independent investigations bureau Lieutenant Jeffrey Pailet. The lawsuit alleges Pailet was fired after he pushed back against attorneys in the office for pressuring investigators to “include false, misleading and/or misrepresented information and/or exclude relevant information, in its search warrants and supporting warrant affidavits to be attested to by SFDA investigators in violation of law.”\u003c/p>\n\u003cp>That allegedly happened not only in the Terrance Stangel prosecution, but also in a pending case charging SFPD Officer Kenneth Cha with manslaughter for the 2017 shooting of Sean Moore.\u003c/p>\n\u003cp>Commissioners did not appear convinced by Scott’s expanded list of grievances, though.\u003c/p>\n\u003cp>“You blindsided us,” Commissioner John Hamasaki said of Scott’s sudden press release announcing he would cancel the agreement with the DA’s office last week. “You’re again blindsiding us.”\u003c/p>\n\u003cp>[ad fullwidth]\u003cbr>\nHamasaki and other commissioners said that the chief’s allegations appeared to target only technical violations, if any, of the agreement. Pointing to a judge’s ruling that no evidence was withheld in the Stangel case, multiple commissioners said repeatedly that they didn’t see how any investigation was substantively derailed by the district attorney’s alleged violations of the agreement.\u003c/p>\n\u003cp>District Attorney Chesa Boundin called in to public comment as the meeting stretched past 11 p.m.\u003c/p>\n\u003cp>“The decision to withdraw is a massive violation of public trust and a huge step backwards in police reform and police accountability,” Boudin said, repeating his response from last week that the police department regularly violated parts of the agreement.\u003c/p>\n\u003cp>“I don’t pick up my ball, walk off the field and go home,” Boudin said. “I don’t go to the press. I call the chief to try to work it out. And we’ve had a really good open channel of communication until last week.”\u003c/p>\n\u003cp>Scott and Boudin met Wednesday, both officials said, to discuss the dispute, but they have not reached a resolution. State Attorney General Rob Bonta has put a toe into the fight, writing in a letter to both Wednesday that he would do “all I can to assist both parties in resolving any issues that have recently been identified as challenges to the progress achieved to date.”\u003c/p>\n\u003cp>The carefully worded statement indicates two things: First, the attorney general is not yet consenting to take over these investigations directly, which Scott asked for when he announced plans to cancel the agreement with the district attorney.\u003c/p>\n\u003cp>Second, the state attorney general’s office has an interest in maintaining independent investigations of San Francisco police shootings. As noted by several commissioners as well as residents who called into public comment, the agreement Scott says he’ll cancel is a crucial piece of ongoing reform of the SFPD that’s overseen by the state Department of Justice.\u003c/p>\n\u003cp>Beyond the politics and sour grapes, Commissioner Max Carter-Oberstone summarized the concern going forward.\u003c/p>\n\u003cp>“If you’re going to take the extreme step of tearing up the MOU, how could we do that without having a plan in place?” Carter-Oberstone asked Scott. “What is going to happen if, God forbid, an officer shoots someone one month from now and this MOU has lapsed? This was not, in my view, the most responsible course if you thought that it was necessary to pull out of this.”\u003c/p>\n\u003cp>“Does anybody care what the workforce who has to do the work, how they see this?” Scott said in response. “Regardless of whether a plan is in place or not, what I’m hearing from you and this commission is to stay in a situation that your entire police department does not trust. And that has an impact on everything that we do.”\u003c/p>\n\u003cp>The public battle and what it represents for police reform and San Francisco’s embattled district attorney, who faces a recall election in June, has stirred massive public concern, evidenced by the dozens of city residents who called in to the meeting to comment.\u003c/p>\n\u003cp>“What Chief Scott did was right, and he’s looking to the attorney general’s office for support and options as part of his plan,” said one caller who identified themself as a resident of San Francisco. “This is why this city is so messed up because you’re on the wrong side of the equation.”\u003c/p>\n\u003cp>“For the first time in history there are charges in San Francisco against police officers who have murdered Black men,” another caller who did not identify themself said. “This is Scott’s obvious last-ditch effort to keep cops from ever going to jail in San Francisco.”\u003c/p>\n\u003cp>There’s no indication that the standoff will end in the coming days, but there is a deadline. The police chief’s decision to cancel the agreement could become final as early as Feb. 17.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A widening rift made public last week between the San Francisco Police Department and district attorney over who leads investigations into officers’ shootings and other serious uses of force did not appear to narrow despite prolonged debate at the city’s police commission meeting Wednesday night that stretched into Thursday morning.\u003c/p>\n\u003cp>The meeting was the first opportunity for the oversight commission to address, in its agenda, the controversy since Police Chief William Scott announced canceling a groundbreaking three-year-old agreement he helped craft that puts the district attorney’s office in charge of controversial investigations.\u003c/p>\n\u003cp>“We need to find a way to come back to the table,” Commission President Malia Cohen said at the outset of the debate. “It’s been a week. I’m hopeful that cooler heads will prevail.”\u003c/p>\n\u003cp>Scott reiterated his reasoning, which he said over and over has nothing to do with influencing the ongoing jury trial in which SFPD Officer Terrance Stangel faces assault, battery and other felony charges for the 2019 beating of a Black man in response to 911 calls reporting domestic violence. Pretrial testimony in that case from a district attorney’s investigator, however, led to what the police chief described as a “collapse in trust” that reached a “breaking point” that has “catastrophically damaged the confidence” of city police officers in the district attorney’s investigations. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Scott was referring only in part to the explosive Jan. 27 testimony from district attorney investigator Magen Hayashi that she felt pressured to omit information and leave police out of a follow-up interview of a 911 caller who reported domestic violence in the Stangel case. The chief pointed to a litany of other alleged violations of the memorandum of understanding, or MOU, that included delayed information in other cases and the failure of the district attorney to coordinate with police when charging an officer that led to a scramble to disarm and remove officers from public contact after they were facing felonies.\u003c/p>\n\u003cp>“The men and women of this department and the nonbinary members of this department, when they’re telling me that this is a crisis, when they’re telling me that our faith in this system, this investigative process is shaken, I think that should be listened to,” Scott said. “I think that is important.”\u003c/p>\n\u003cp>The police chief also referenced a wrongful termination lawsuit brought in November by Hayashi’s former boss, former district attorney’s independent investigations bureau Lieutenant Jeffrey Pailet. The lawsuit alleges Pailet was fired after he pushed back against attorneys in the office for pressuring investigators to “include false, misleading and/or misrepresented information and/or exclude relevant information, in its search warrants and supporting warrant affidavits to be attested to by SFDA investigators in violation of law.”\u003c/p>\n\u003cp>That allegedly happened not only in the Terrance Stangel prosecution, but also in a pending case charging SFPD Officer Kenneth Cha with manslaughter for the 2017 shooting of Sean Moore.\u003c/p>\n\u003cp>Commissioners did not appear convinced by Scott’s expanded list of grievances, though.\u003c/p>\n\u003cp>“You blindsided us,” Commissioner John Hamasaki said of Scott’s sudden press release announcing he would cancel the agreement with the DA’s office last week. “You’re again blindsiding us.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nHamasaki and other commissioners said that the chief’s allegations appeared to target only technical violations, if any, of the agreement. Pointing to a judge’s ruling that no evidence was withheld in the Stangel case, multiple commissioners said repeatedly that they didn’t see how any investigation was substantively derailed by the district attorney’s alleged violations of the agreement.\u003c/p>\n\u003cp>District Attorney Chesa Boundin called in to public comment as the meeting stretched past 11 p.m.\u003c/p>\n\u003cp>“The decision to withdraw is a massive violation of public trust and a huge step backwards in police reform and police accountability,” Boudin said, repeating his response from last week that the police department regularly violated parts of the agreement.\u003c/p>\n\u003cp>“I don’t pick up my ball, walk off the field and go home,” Boudin said. “I don’t go to the press. I call the chief to try to work it out. And we’ve had a really good open channel of communication until last week.”\u003c/p>\n\u003cp>Scott and Boudin met Wednesday, both officials said, to discuss the dispute, but they have not reached a resolution. State Attorney General Rob Bonta has put a toe into the fight, writing in a letter to both Wednesday that he would do “all I can to assist both parties in resolving any issues that have recently been identified as challenges to the progress achieved to date.”\u003c/p>\n\u003cp>The carefully worded statement indicates two things: First, the attorney general is not yet consenting to take over these investigations directly, which Scott asked for when he announced plans to cancel the agreement with the district attorney.\u003c/p>\n\u003cp>Second, the state attorney general’s office has an interest in maintaining independent investigations of San Francisco police shootings. As noted by several commissioners as well as residents who called into public comment, the agreement Scott says he’ll cancel is a crucial piece of ongoing reform of the SFPD that’s overseen by the state Department of Justice.\u003c/p>\n\u003cp>Beyond the politics and sour grapes, Commissioner Max Carter-Oberstone summarized the concern going forward.\u003c/p>\n\u003cp>“If you’re going to take the extreme step of tearing up the MOU, how could we do that without having a plan in place?” Carter-Oberstone asked Scott. “What is going to happen if, God forbid, an officer shoots someone one month from now and this MOU has lapsed? This was not, in my view, the most responsible course if you thought that it was necessary to pull out of this.”\u003c/p>\n\u003cp>“Does anybody care what the workforce who has to do the work, how they see this?” Scott said in response. “Regardless of whether a plan is in place or not, what I’m hearing from you and this commission is to stay in a situation that your entire police department does not trust. And that has an impact on everything that we do.”\u003c/p>\n\u003cp>The public battle and what it represents for police reform and San Francisco’s embattled district attorney, who faces a recall election in June, has stirred massive public concern, evidenced by the dozens of city residents who called in to the meeting to comment.\u003c/p>\n\u003cp>“What Chief Scott did was right, and he’s looking to the attorney general’s office for support and options as part of his plan,” said one caller who identified themself as a resident of San Francisco. “This is why this city is so messed up because you’re on the wrong side of the equation.”\u003c/p>\n\u003cp>“For the first time in history there are charges in San Francisco against police officers who have murdered Black men,” another caller who did not identify themself said. “This is Scott’s obvious last-ditch effort to keep cops from ever going to jail in San Francisco.”\u003c/p>\n\u003cp>There’s no indication that the standoff will end in the coming days, but there is a deadline. The police chief’s decision to cancel the agreement could become final as early as Feb. 17.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>Content warning: This story contains references to rape and sexual assault.\u003c/em>\u003c/p>\n\u003cp>Inside one of the only federal women’s prisons in the United States, incarcerated women say they have been subjected to rampant sexual abuse by correctional officers and even the warden, and were often threatened or punished when they tried to speak up.\u003c/p>\n\u003cp>Prisoners and workers at the federal correctional institution in Dublin, California, even have a name for it: “the rape club.”\u003c/p>\n\u003cp>An Associated Press investigation has found a permissive and toxic culture at the Bay Area lockup, enabling years of sexual misconduct by predatory employees and cover-ups that have largely kept the abuse out of the public eye.\u003c/p>\n\u003cp>The AP obtained internal federal Bureau of Prisons documents, statements and recordings from incarcerated people, interviewed current and former prison employees and those incarcerated and reviewed thousands of pages of court records from criminal and civil cases involving Dublin prison staff.\u003c/p>\n\u003cp>Together, they detail how incarcerated people’s allegations against members of the mostly male staff were ignored or set aside, how prisoners could be sent to solitary confinement for reporting abuse and how officials in charge of preventing and investigating sexual misconduct were themselves accused of abusing incarcerated people or neglecting their concerns.\u003c/p>\n\u003cp>In one instance, an incarcerated woman said a man, who was her prison work supervisor, taunted her by remarking “let the games begin” when he assigned her to work with a maintenance foreman she accused of rape. Another worker claimed he wanted to get inmates pregnant. The warden — the man in charge at Dublin — kept nude photos on his government-issued cellphone of a woman he is accused of assaulting.[pullquote]One incarcerated woman said she was ‘overwhelmed with fear, anxiety, and anger, and cried uncontrollably’ after enduring abuse and retaliation at Dublin.[/pullquote]\u003c/p>\n\u003cp>One incarcerated woman said she was “overwhelmed with fear, anxiety, and anger, and cried uncontrollably” after enduring abuse and retaliation at Dublin. Another said she contemplated suicide when her cries for help went unheeded and now suffers from severe anxiety and post-traumatic stress disorder.\u003c/p>\n\u003ch2>A culture of misconduct\u003c/h2>\n\u003cp>All sexual activity between a prison worker and an incarcerated person is illegal. Correctional employees enjoy substantial power over those incarcerated, controlling every aspect of their lives from mealtime to lights out, and there is no scenario in which an incarcerated person can give consent.\u003c/p>\n\u003cp>The allegations at Dublin, which so far have resulted in four arrests, are endemic of a larger problem within the beleaguered Bureau of Prisons. In 2020, the same year some of the women at Dublin complained, there were 422 complaints of staff-on-inmate sexual abuse across the system of 122 prisons and 153,000 incarcerated people. The agency said it substantiated only four of those complaints and that 290 are still being investigated. It would not say whether the allegations were concentrated in women’s prisons or spread throughout the system.\u003c/p>\n\u003cp>A hotbed of corruption and misconduct, the federal prison system has been plagued by myriad crises in recent years, including \u003ca href=\"https://apnews.com/article/federal-prisons-5be574b4103a2f5420e0d9da2daf5c9c\" target=\"_blank\" rel=\"noopener noreferrer\">widespread criminal activity among employees\u003c/a>, \u003ca href=\"https://apnews.com/article/business-health-coronavirus-pandemic-prisons-government-and-politics-88fff925b1901a36a10581c28d826916\" target=\"_blank\" rel=\"noopener noreferrer\">critically low staffing levels\u003c/a> that have \u003ca href=\"https://apnews.com/article/only-on-ap-suicides-business-prisons-government-and-politics-0eba20833af541730b5e71bc4d2efbfe\" target=\"_blank\" rel=\"noopener noreferrer\">hampered responses to emergencies\u003c/a>, the \u003ca href=\"https://apnews.com/article/virus-outbreak-health-ap-top-news-politics-florida-724ee94ac5ba37b4df33c417f2bf78a2\" target=\"_blank\" rel=\"noopener noreferrer\">rapid spread of COVID-19\u003c/a>, a failed response to the pandemic and \u003ca href=\"https://apnews.com/article/government-and-politics-prisons-prison-breaks-business-c1979d6ad6e7b3531968dab0e61eb22d\" target=\"_blank\" rel=\"noopener noreferrer\">dozens of escapes\u003c/a>. Last month, the embattled director, Michael Carvajal, \u003ca href=\"https://apnews.com/article/coronavirus-pandemic-health-crime-prisons-arrests-efaf6fd8bbfe78b1124e64c08a5537ce\" target=\"_blank\" rel=\"noopener noreferrer\">announced he was resigning\u003c/a>. On Monday, two incarcerated people were killed in a gang clash at a federal penitentiary in Texas, \u003ca href=\"https://apnews.com/article/texas-prison-fight-federal-lockdown-a0e7b61c5bdc5bbc25a691cc0a6920ba\" target=\"_blank\" rel=\"noopener noreferrer\">prompting a nationwide lockdown\u003c/a>.\u003c/p>\n\u003cp>The AP contacted lawyers for every Dublin prison employee charged with sexual abuse or named as a defendant in a lawsuit alleging abuse, and tried reaching the men directly through available phone numbers and email addresses. None responded to interview requests. A government lawyer representing one of the men being sued declined comment.\u003c/p>\n\u003cp>Thahesha Jusino, taking over as Dublin’s warden at the end of the month, promised to “work tirelessly to reaffirm the Bureau of Prisons’ zero tolerance for sexual abuse and sexual harassment.”\u003c/p>\n\u003cp>She said the agency is fully cooperating with the Justice Department’s inspector general on active investigations and noted that a “vast majority” of these cases were referred for investigation by the Bureau of Prisons itself.\u003c/p>\n\u003cp>“I am committed to ensuring the safety of our inmates, staff, and the public,” Jusino said in a statement to the AP. “A culture of misconduct, or actions not representative of the BOP’s Core Values will not be tolerated.”\u003c/p>\n\u003cp>The Justice Department said in a statement that “[z]ero tolerance means exactly that. The Justice Department is committed to both holding accountable any staff who violate their position of trust and to preventing these crimes from happening in the first place.”\u003c/p>\n\u003ch2>A criminal investigation\u003c/h2>\n\u003cp>FCI Dublin, which is 20 miles east of Oakland, was opened in 1974. It was converted in 2012 to one of six women-only facilities in the federal prison system. Actresses Lori Loughlin and Felicity Huffman both served time there for their involvement in a college admissions bribery scandal.\u003c/p>\n\u003cp>As of Feb. 1, it had about 750 incarcerated people, many serving sentences for drug crimes. There are increasingly more women behind bars but they are still a minority — only about 6.5% of the overall federal inmate population.\u003c/p>\n\u003cp>Union officials say the vast majority of Dublin employees are honest and hardworking, and are upset that the allegations and actions of some workers have tarnished the prison’s reputation.\u003c/p>\n\u003cp>“We have a diversified staff. We have veterans. We have ex-law enforcement. We have good people, and they’re very traumatized,” Dublin union president Ed Canales said.\u003c/p>\n\u003cp>Incarcerated people and prison workers who spoke to the AP did not want their names published for fear of retaliation. The AP also does not typically identify people who say they are victims of sexual assault unless they grant permission.\u003c/p>\n\u003cp>Women made the first internal complaints to staff members about five years ago, court records and internal agency documents show, but it’s not clear whether those complaints ever went anywhere. The women say they were largely ignored, and the abuse continued.\u003c/p>\n\u003cp>One incarcerated woman who reported a 2017 sexual assault said she was told nothing would be done about her complaint because it was a “he said-she said.” The woman, who is now suing the Bureau of Prisons over her treatment, said she was fired from her prison commissary job as retaliation. When she went to report her firing, she said a Dublin counselor took her abuser’s side, responding: “Child, do you want him to lose his job?” The woman was moved to a different prison a week later.\u003c/p>\n\u003cp>In 2019, another Dublin incarcerated woman sued — first on her own with handwritten papers, then with the backing of a powerful San Francisco law firm — alleging that a maintenance foreman repeatedly raped her and that other workers facilitated the abuse and mocked her for it. When an internal prison investigator finally caught wind of what was happening, the woman said she was the one who got punished with three months in solitary confinement and a transfer to a federal prison in Alabama.\u003c/p>\n\u003cp>Then, in 2020, another incarcerated woman’s report that Dublin workers were abusing inmates broke through to the Justice Department’s inspector general and the FBI, triggering a criminal investigation that has led to the arrest of four employees, including former warden \u003ca href=\"https://apnews.com/article/prisons-california-san-francisco-sexual-abuse-e9b0b3c8bf508bafc66399c95c02a1df\" target=\"_blank\" rel=\"noopener noreferrer\">Ray J. Garcia\u003c/a>, in the past seven months. They each face up to 15 years in prison, though in other recent cases, sentences have ranged from three months to two years. [pullquote size=\"large\"]The FBI said Friday that it is continuing to investigate and is looking for anyone who may have been victimized to come forward and speak with agents.[/pullquote]\u003c/p>\n\u003cp>Two of the men are expected to plead guilty in the coming weeks in federal court to charges of sexual abuse of a ward. None of the men accused in civil suits has been charged with a crime. Several Dublin workers are under investigation, though it’s not clear whether the men accused in the civil suits are among them.\u003c/p>\n\u003cp>The FBI said Friday that it is continuing to investigate and is looking for anyone who may have been victimized to come forward and speak with agents.\u003c/p>\n\u003ch2>Warden, chaplain and others arrested\u003c/h2>\n\u003cp>The former warden, \u003ca href=\"https://www.justice.gov/usao-ndca/pr/warden-federal-corrections-institute-dublin-charged-sexual-abuse-ward\" target=\"_blank\" rel=\"noopener noreferrer\">arrested last September\u003c/a>, is accused of molesting an incarcerated woman as she tried to push him away. Garcia made her and another incarcerated woman strip naked as he did rounds and took pictures that were found on his personal laptop computer and government-issued cellphone when the FBI raided his office and home last summer, prosecutors said. The abuse ended when the pandemic exploded and women were locked in their cells, they said. Garcia was later promoted; the Bureau of Prisons said it didn’t know about the abuse until later.\u003c/p>\n\u003cp>“If they’re undressing, I’ve already looked,” Garcia, 54, told the FBI in July 2021, according to court records. “I don’t, like, schedule a time like, ‘You be undressed, and I’ll be there.’”\u003c/p>\n\u003cp>Garcia, who was placed on leave after the raid and retired a month after his arrest, is also accused of using his authority to intimidate one of his victims, telling her that he was “close friends” with the person responsible for investigating staff misconduct and boasting that he could not be fired, prosecutors said.\u003c/p>\n\u003cp>\u003ca href=\"https://www.justice.gov/usao-ndca/pr/bureau-prisons-correctional-officer-charged-sexual-abuse-ward\" target=\"_blank\" rel=\"noopener noreferrer\">Ross Klinger\u003c/a>, 36, a Dublin prison recycling technician, is scheduled to plead guilty on Thursday to charges he sexually abused at least two incarcerated people between March and September 2020, including inside a warehouse and in a shipping container on prison grounds while another incarcerated person acted as a lookout.\u003c/p>\n\u003cp>Klinger told the women he wanted to marry them and father their children, even proposing to one of them with a diamond ring after she was discharged to a halfway house, prosecutors said. Another prisoner aware of the abuse reported Klinger to the Bureau of Prisons in June 2020, according to the FBI, but he was still allowed to transfer to a federal jail in San Diego months later.\u003c/p>\n\u003cp>Despite the move, prosecutors said, Klinger kept contacting one victim through an email address he created with a phony name, sometimes sending lewd messages referencing sexual acts, and messaged the other woman on Snapchat, saying he loved her and was “willing to do anything” for her.\u003c/p>\n\u003cp>Interviewed by investigators in April 2021, Klinger denied any wrongdoing, but said that because of the allegations his life was over and that he was concerned about going to prison and being labeled as a sex offender. He was in handcuffs two months later.\u003c/p>\n\u003cp>“Sexual misconduct of a ward, you can’t come back from that,” Klinger told investigators in the interview, according to court documents.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/coronavirus-pandemic-college-admissions-health-arrests-prisons-3c90285b68758035990cf29d24f3826d\" target=\"_blank\" rel=\"noopener noreferrer\">John Russell Bellhouse\u003c/a>, 39, a prison safety administrator, is scheduled to be arraigned this month on charges he sexually abused an incarcerated woman he called his “girlfriend” from February to December 2020. He was placed on leave in March and \u003ca href=\"https://www.justice.gov/usao-ndca/pr/federal-correctional-officer-charged-sexual-abuse-inmate\" target=\"_blank\" rel=\"noopener noreferrer\">arrested in December\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/sexual-abuse-arrests-prisons-1f6def993dee7621a995e1b852dde9c5\" target=\"_blank\" rel=\"noopener noreferrer\">James Theodore Highhouse\u003c/a>, 49, a prison chaplain, has already signed a plea agreement and is scheduled to plead guilty Feb. 23 to charges he put his penis on an incarcerated woman’s genitals, mouth and hand and masturbated in front of her in 2018 and 2019, and that he lied to investigators when questioned about the abuse. He was arrested last month.\u003c/p>\n\u003ch2>Warden had outsize influence\u003c/h2>\n\u003cp>Garcia, the highest-ranking federal prison official arrested in more than 10 years, had an outsize influence as warden over how Dublin handled employee sexual misconduct. He led staff and inmate training on reporting abuse and complying with the federal Prison Rape Elimination Act, known as PREA, and had control over staff discipline, including in cases of sexual abuse. In his prior role as associate warden, he had disciplinary authority over all incarcerated women, but not staff.\u003c/p>\n\u003cp>He was also in charge of the legally required “rape elimination” compliance audit, first scheduled for early 2020 but not completed until last September — about the time he was arrested. The Bureau of Prisons blamed the pandemic for the delay and said the audit, Dublin’s first since 2017, is not yet finalized and cannot be made public.\u003c/p>\n\u003cp>In private, Garcia was flouting measures put in place to protect incarcerated people from sexual abuse and later panicked that he would get caught for his own alleged misbehavior, court records show. The woman Garcia is accused of assaulting told investigators that one instance of abuse happened while PREA officials were visiting the prison. Garcia assaulted her in a changing stall designed for PREA-compliant searches, she said.[aside tag=\"prison, jail, incarcerated\" label=\"More Related Stories\"]Publicly, Garcia appeared to take a hard line on abuse. In one of his first acts after he was named warden in November 2020, he recommended firing the maintenance foreman William Martinez, accused of rape in the 2019 suit — albeit for what the staff disciplinary process narrowed to a finding of an “appearance of an inappropriate relationship with an inmate.”\u003c/p>\n\u003cp>Martinez has denied the allegations and has filed a discrimination complaint against the Bureau of Prisons with the U.S. Equal Employment Opportunity Commission. He has not been charged with a crime.\u003c/p>\n\u003cp>Garcia tasked another official with making a final decision on punishment and that person reduced the penalty to a 15-day suspension, but even that was later overturned. Internal documents obtained by the AP show that prison officials failed to look into the allegations against Martinez for nearly two years and then, after the investigation finished, waited another year to propose discipline.\u003c/p>\n\u003cp>An administrative judge wrote in June that the prison’s protracted investigation “strains credulity” on a matter as serious as alleged sexual abuse.\u003c/p>\n\u003cp>But the judge also found that prison officials cherry-picked evidence to bolster their case, only to end up unraveling it. He reversed the suspension and ordered the Bureau of Prisons to provide back pay.\u003c/p>\n\u003cp>[ad fullwidth]\u003cbr>\n___\u003c/p>\n\u003cp>\u003cem>Michael Sisak reported from New York.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Follow \u003ca href=\"https://twitter.com/MikeBalsamo1\" target=\"_blank\" rel=\"noopener noreferrer\">Michael Balsamo\u003c/a> and \u003ca href=\"https://twitter.com/mikesisak\" target=\"_blank\" rel=\"noopener noreferrer\">Michael Sisak\u003c/a> and send confidential tips by visiting www.ap.org/tips.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "AP Investigation: Dublin Women's Prison Fostered Culture of Abuse | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Content warning: This story contains references to rape and sexual assault.\u003c/em>\u003c/p>\n\u003cp>Inside one of the only federal women’s prisons in the United States, incarcerated women say they have been subjected to rampant sexual abuse by correctional officers and even the warden, and were often threatened or punished when they tried to speak up.\u003c/p>\n\u003cp>Prisoners and workers at the federal correctional institution in Dublin, California, even have a name for it: “the rape club.”\u003c/p>\n\u003cp>An Associated Press investigation has found a permissive and toxic culture at the Bay Area lockup, enabling years of sexual misconduct by predatory employees and cover-ups that have largely kept the abuse out of the public eye.\u003c/p>\n\u003cp>The AP obtained internal federal Bureau of Prisons documents, statements and recordings from incarcerated people, interviewed current and former prison employees and those incarcerated and reviewed thousands of pages of court records from criminal and civil cases involving Dublin prison staff.\u003c/p>\n\u003cp>Together, they detail how incarcerated people’s allegations against members of the mostly male staff were ignored or set aside, how prisoners could be sent to solitary confinement for reporting abuse and how officials in charge of preventing and investigating sexual misconduct were themselves accused of abusing incarcerated people or neglecting their concerns.\u003c/p>\n\u003cp>In one instance, an incarcerated woman said a man, who was her prison work supervisor, taunted her by remarking “let the games begin” when he assigned her to work with a maintenance foreman she accused of rape. Another worker claimed he wanted to get inmates pregnant. The warden — the man in charge at Dublin — kept nude photos on his government-issued cellphone of a woman he is accused of assaulting.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One incarcerated woman said she was “overwhelmed with fear, anxiety, and anger, and cried uncontrollably” after enduring abuse and retaliation at Dublin. Another said she contemplated suicide when her cries for help went unheeded and now suffers from severe anxiety and post-traumatic stress disorder.\u003c/p>\n\u003ch2>A culture of misconduct\u003c/h2>\n\u003cp>All sexual activity between a prison worker and an incarcerated person is illegal. Correctional employees enjoy substantial power over those incarcerated, controlling every aspect of their lives from mealtime to lights out, and there is no scenario in which an incarcerated person can give consent.\u003c/p>\n\u003cp>The allegations at Dublin, which so far have resulted in four arrests, are endemic of a larger problem within the beleaguered Bureau of Prisons. In 2020, the same year some of the women at Dublin complained, there were 422 complaints of staff-on-inmate sexual abuse across the system of 122 prisons and 153,000 incarcerated people. The agency said it substantiated only four of those complaints and that 290 are still being investigated. It would not say whether the allegations were concentrated in women’s prisons or spread throughout the system.\u003c/p>\n\u003cp>A hotbed of corruption and misconduct, the federal prison system has been plagued by myriad crises in recent years, including \u003ca href=\"https://apnews.com/article/federal-prisons-5be574b4103a2f5420e0d9da2daf5c9c\" target=\"_blank\" rel=\"noopener noreferrer\">widespread criminal activity among employees\u003c/a>, \u003ca href=\"https://apnews.com/article/business-health-coronavirus-pandemic-prisons-government-and-politics-88fff925b1901a36a10581c28d826916\" target=\"_blank\" rel=\"noopener noreferrer\">critically low staffing levels\u003c/a> that have \u003ca href=\"https://apnews.com/article/only-on-ap-suicides-business-prisons-government-and-politics-0eba20833af541730b5e71bc4d2efbfe\" target=\"_blank\" rel=\"noopener noreferrer\">hampered responses to emergencies\u003c/a>, the \u003ca href=\"https://apnews.com/article/virus-outbreak-health-ap-top-news-politics-florida-724ee94ac5ba37b4df33c417f2bf78a2\" target=\"_blank\" rel=\"noopener noreferrer\">rapid spread of COVID-19\u003c/a>, a failed response to the pandemic and \u003ca href=\"https://apnews.com/article/government-and-politics-prisons-prison-breaks-business-c1979d6ad6e7b3531968dab0e61eb22d\" target=\"_blank\" rel=\"noopener noreferrer\">dozens of escapes\u003c/a>. Last month, the embattled director, Michael Carvajal, \u003ca href=\"https://apnews.com/article/coronavirus-pandemic-health-crime-prisons-arrests-efaf6fd8bbfe78b1124e64c08a5537ce\" target=\"_blank\" rel=\"noopener noreferrer\">announced he was resigning\u003c/a>. On Monday, two incarcerated people were killed in a gang clash at a federal penitentiary in Texas, \u003ca href=\"https://apnews.com/article/texas-prison-fight-federal-lockdown-a0e7b61c5bdc5bbc25a691cc0a6920ba\" target=\"_blank\" rel=\"noopener noreferrer\">prompting a nationwide lockdown\u003c/a>.\u003c/p>\n\u003cp>The AP contacted lawyers for every Dublin prison employee charged with sexual abuse or named as a defendant in a lawsuit alleging abuse, and tried reaching the men directly through available phone numbers and email addresses. None responded to interview requests. A government lawyer representing one of the men being sued declined comment.\u003c/p>\n\u003cp>Thahesha Jusino, taking over as Dublin’s warden at the end of the month, promised to “work tirelessly to reaffirm the Bureau of Prisons’ zero tolerance for sexual abuse and sexual harassment.”\u003c/p>\n\u003cp>She said the agency is fully cooperating with the Justice Department’s inspector general on active investigations and noted that a “vast majority” of these cases were referred for investigation by the Bureau of Prisons itself.\u003c/p>\n\u003cp>“I am committed to ensuring the safety of our inmates, staff, and the public,” Jusino said in a statement to the AP. “A culture of misconduct, or actions not representative of the BOP’s Core Values will not be tolerated.”\u003c/p>\n\u003cp>The Justice Department said in a statement that “[z]ero tolerance means exactly that. The Justice Department is committed to both holding accountable any staff who violate their position of trust and to preventing these crimes from happening in the first place.”\u003c/p>\n\u003ch2>A criminal investigation\u003c/h2>\n\u003cp>FCI Dublin, which is 20 miles east of Oakland, was opened in 1974. It was converted in 2012 to one of six women-only facilities in the federal prison system. Actresses Lori Loughlin and Felicity Huffman both served time there for their involvement in a college admissions bribery scandal.\u003c/p>\n\u003cp>As of Feb. 1, it had about 750 incarcerated people, many serving sentences for drug crimes. There are increasingly more women behind bars but they are still a minority — only about 6.5% of the overall federal inmate population.\u003c/p>\n\u003cp>Union officials say the vast majority of Dublin employees are honest and hardworking, and are upset that the allegations and actions of some workers have tarnished the prison’s reputation.\u003c/p>\n\u003cp>“We have a diversified staff. We have veterans. We have ex-law enforcement. We have good people, and they’re very traumatized,” Dublin union president Ed Canales said.\u003c/p>\n\u003cp>Incarcerated people and prison workers who spoke to the AP did not want their names published for fear of retaliation. The AP also does not typically identify people who say they are victims of sexual assault unless they grant permission.\u003c/p>\n\u003cp>Women made the first internal complaints to staff members about five years ago, court records and internal agency documents show, but it’s not clear whether those complaints ever went anywhere. The women say they were largely ignored, and the abuse continued.\u003c/p>\n\u003cp>One incarcerated woman who reported a 2017 sexual assault said she was told nothing would be done about her complaint because it was a “he said-she said.” The woman, who is now suing the Bureau of Prisons over her treatment, said she was fired from her prison commissary job as retaliation. When she went to report her firing, she said a Dublin counselor took her abuser’s side, responding: “Child, do you want him to lose his job?” The woman was moved to a different prison a week later.\u003c/p>\n\u003cp>In 2019, another Dublin incarcerated woman sued — first on her own with handwritten papers, then with the backing of a powerful San Francisco law firm — alleging that a maintenance foreman repeatedly raped her and that other workers facilitated the abuse and mocked her for it. When an internal prison investigator finally caught wind of what was happening, the woman said she was the one who got punished with three months in solitary confinement and a transfer to a federal prison in Alabama.\u003c/p>\n\u003cp>Then, in 2020, another incarcerated woman’s report that Dublin workers were abusing inmates broke through to the Justice Department’s inspector general and the FBI, triggering a criminal investigation that has led to the arrest of four employees, including former warden \u003ca href=\"https://apnews.com/article/prisons-california-san-francisco-sexual-abuse-e9b0b3c8bf508bafc66399c95c02a1df\" target=\"_blank\" rel=\"noopener noreferrer\">Ray J. Garcia\u003c/a>, in the past seven months. They each face up to 15 years in prison, though in other recent cases, sentences have ranged from three months to two years. \u003c/p>\u003c/div>",
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Garcia made her and another incarcerated woman strip naked as he did rounds and took pictures that were found on his personal laptop computer and government-issued cellphone when the FBI raided his office and home last summer, prosecutors said. The abuse ended when the pandemic exploded and women were locked in their cells, they said. Garcia was later promoted; the Bureau of Prisons said it didn’t know about the abuse until later.\u003c/p>\n\u003cp>“If they’re undressing, I’ve already looked,” Garcia, 54, told the FBI in July 2021, according to court records. “I don’t, like, schedule a time like, ‘You be undressed, and I’ll be there.’”\u003c/p>\n\u003cp>Garcia, who was placed on leave after the raid and retired a month after his arrest, is also accused of using his authority to intimidate one of his victims, telling her that he was “close friends” with the person responsible for investigating staff misconduct and boasting that he could not be fired, prosecutors said.\u003c/p>\n\u003cp>\u003ca href=\"https://www.justice.gov/usao-ndca/pr/bureau-prisons-correctional-officer-charged-sexual-abuse-ward\" target=\"_blank\" rel=\"noopener noreferrer\">Ross Klinger\u003c/a>, 36, a Dublin prison recycling technician, is scheduled to plead guilty on Thursday to charges he sexually abused at least two incarcerated people between March and September 2020, including inside a warehouse and in a shipping container on prison grounds while another incarcerated person acted as a lookout.\u003c/p>\n\u003cp>Klinger told the women he wanted to marry them and father their children, even proposing to one of them with a diamond ring after she was discharged to a halfway house, prosecutors said. Another prisoner aware of the abuse reported Klinger to the Bureau of Prisons in June 2020, according to the FBI, but he was still allowed to transfer to a federal jail in San Diego months later.\u003c/p>\n\u003cp>Despite the move, prosecutors said, Klinger kept contacting one victim through an email address he created with a phony name, sometimes sending lewd messages referencing sexual acts, and messaged the other woman on Snapchat, saying he loved her and was “willing to do anything” for her.\u003c/p>\n\u003cp>Interviewed by investigators in April 2021, Klinger denied any wrongdoing, but said that because of the allegations his life was over and that he was concerned about going to prison and being labeled as a sex offender. He was in handcuffs two months later.\u003c/p>\n\u003cp>“Sexual misconduct of a ward, you can’t come back from that,” Klinger told investigators in the interview, according to court documents.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/coronavirus-pandemic-college-admissions-health-arrests-prisons-3c90285b68758035990cf29d24f3826d\" target=\"_blank\" rel=\"noopener noreferrer\">John Russell Bellhouse\u003c/a>, 39, a prison safety administrator, is scheduled to be arraigned this month on charges he sexually abused an incarcerated woman he called his “girlfriend” from February to December 2020. He was placed on leave in March and \u003ca href=\"https://www.justice.gov/usao-ndca/pr/federal-correctional-officer-charged-sexual-abuse-inmate\" target=\"_blank\" rel=\"noopener noreferrer\">arrested in December\u003c/a>.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/sexual-abuse-arrests-prisons-1f6def993dee7621a995e1b852dde9c5\" target=\"_blank\" rel=\"noopener noreferrer\">James Theodore Highhouse\u003c/a>, 49, a prison chaplain, has already signed a plea agreement and is scheduled to plead guilty Feb. 23 to charges he put his penis on an incarcerated woman’s genitals, mouth and hand and masturbated in front of her in 2018 and 2019, and that he lied to investigators when questioned about the abuse. He was arrested last month.\u003c/p>\n\u003ch2>Warden had outsize influence\u003c/h2>\n\u003cp>Garcia, the highest-ranking federal prison official arrested in more than 10 years, had an outsize influence as warden over how Dublin handled employee sexual misconduct. He led staff and inmate training on reporting abuse and complying with the federal Prison Rape Elimination Act, known as PREA, and had control over staff discipline, including in cases of sexual abuse. In his prior role as associate warden, he had disciplinary authority over all incarcerated women, but not staff.\u003c/p>\n\u003cp>He was also in charge of the legally required “rape elimination” compliance audit, first scheduled for early 2020 but not completed until last September — about the time he was arrested. The Bureau of Prisons blamed the pandemic for the delay and said the audit, Dublin’s first since 2017, is not yet finalized and cannot be made public.\u003c/p>\n\u003cp>In private, Garcia was flouting measures put in place to protect incarcerated people from sexual abuse and later panicked that he would get caught for his own alleged misbehavior, court records show. The woman Garcia is accused of assaulting told investigators that one instance of abuse happened while PREA officials were visiting the prison. Garcia assaulted her in a changing stall designed for PREA-compliant searches, she said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Publicly, Garcia appeared to take a hard line on abuse. In one of his first acts after he was named warden in November 2020, he recommended firing the maintenance foreman William Martinez, accused of rape in the 2019 suit — albeit for what the staff disciplinary process narrowed to a finding of an “appearance of an inappropriate relationship with an inmate.”\u003c/p>\n\u003cp>Martinez has denied the allegations and has filed a discrimination complaint against the Bureau of Prisons with the U.S. Equal Employment Opportunity Commission. He has not been charged with a crime.\u003c/p>\n\u003cp>Garcia tasked another official with making a final decision on punishment and that person reduced the penalty to a 15-day suspension, but even that was later overturned. Internal documents obtained by the AP show that prison officials failed to look into the allegations against Martinez for nearly two years and then, after the investigation finished, waited another year to propose discipline.\u003c/p>\n\u003cp>An administrative judge wrote in June that the prison’s protracted investigation “strains credulity” on a matter as serious as alleged sexual abuse.\u003c/p>\n\u003cp>But the judge also found that prison officials cherry-picked evidence to bolster their case, only to end up unraveling it. He reversed the suspension and ordered the Bureau of Prisons to provide back pay.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n___\u003c/p>\n\u003cp>\u003cem>Michael Sisak reported from New York.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Follow \u003ca href=\"https://twitter.com/MikeBalsamo1\" target=\"_blank\" rel=\"noopener noreferrer\">Michael Balsamo\u003c/a> and \u003ca href=\"https://twitter.com/mikesisak\" target=\"_blank\" rel=\"noopener noreferrer\">Michael Sisak\u003c/a> and send confidential tips by visiting www.ap.org/tips.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"reveal": {
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"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"order": 16
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},
"science-friday": {
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"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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