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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/steak_020322_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11903971\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/steak_020322_final.png\" alt='Cartoon: a large mansion, with one guy saying to another, \"see to it that Fang is given an extra steak if he keeps the riffraff out,\" as a mountain lion looks on in the foreground.' width=\"1920\" height=\"1377\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-800x574.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-1020x732.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-160x115.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-1536x1102.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>Mountain lions are why the planning department of Woodside — a town of multimillion-dollar homes set among redwood trees — \u003ca href=\"https://www.almanacnews.com/news/2022/02/02/woodside-freezes-sb-9-projects-with-town-citing-excemption-for-mountain-lion-habitats\">said it cannot comply with a state law designed to increase housing stock\u003c/a>.\u003c/p>\n\u003cp>Well, it’s worth a try.\u003c/p>\n\u003cp>The recently enacted \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9\">SB 9\u003c/a>, which \u003ca href=\"http://kqed.org/news/11889113/in-one-week-newsom-signed-three-major-housing-bills-heres-what-they-mean\">allows multiple dwellings on lots that were previously zoned for single-family homes\u003c/a>, isn’t going over so well in certain neighborhoods.\u003c/p>\n\u003cp>Woodside’s planning department argues that since the entire town is in mountain lion habitat — and since the big cats may be listed as endangered in this part of California — the wealthy enclave just can’t help with the state’s housing crunch.\u003c/p>\n\u003cp>Look, I love mountain lions as much as the next person. The idea that we live in an area where we are not always at the top of the food chain is thrilling to me.\u003c/p>\n\u003cp>Woodside’s newfound love of mountain lions is really all about throwing a wrench into statewide attempts to increase the housing supply amid a crisis that has squeezed thousands of people out of California … and thousands more onto our streets.\u003c/p>\n\u003cp>Look on the bright side, Woodside. Most of us won’t even be able to afford an in-law unit in your town anyway.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"headline": "Not in My (Mountain Lion's) Backyard",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/steak_020322_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11903971\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/steak_020322_final.png\" alt='Cartoon: a large mansion, with one guy saying to another, \"see to it that Fang is given an extra steak if he keeps the riffraff out,\" as a mountain lion looks on in the foreground.' width=\"1920\" height=\"1377\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-800x574.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-1020x732.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-160x115.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/steak_020322_final-1536x1102.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>Mountain lions are why the planning department of Woodside — a town of multimillion-dollar homes set among redwood trees — \u003ca href=\"https://www.almanacnews.com/news/2022/02/02/woodside-freezes-sb-9-projects-with-town-citing-excemption-for-mountain-lion-habitats\">said it cannot comply with a state law designed to increase housing stock\u003c/a>.\u003c/p>\n\u003cp>Well, it’s worth a try.\u003c/p>\n\u003cp>The recently enacted \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9\">SB 9\u003c/a>, which \u003ca href=\"http://kqed.org/news/11889113/in-one-week-newsom-signed-three-major-housing-bills-heres-what-they-mean\">allows multiple dwellings on lots that were previously zoned for single-family homes\u003c/a>, isn’t going over so well in certain neighborhoods.\u003c/p>\n\u003cp>Woodside’s planning department argues that since the entire town is in mountain lion habitat — and since the big cats may be listed as endangered in this part of California — the wealthy enclave just can’t help with the state’s housing crunch.\u003c/p>\n\u003cp>Look, I love mountain lions as much as the next person. The idea that we live in an area where we are not always at the top of the food chain is thrilling to me.\u003c/p>\n\u003cp>Woodside’s newfound love of mountain lions is really all about throwing a wrench into statewide attempts to increase the housing supply amid a crisis that has squeezed thousands of people out of California … and thousands more onto our streets.\u003c/p>\n\u003cp>Look on the bright side, Woodside. Most of us won’t even be able to afford an in-law unit in your town anyway.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The tech industry is intricately linked to California’s identity and economy, bringing in an estimated \u003ca href=\"https://www.cyberstates.org/#interactiveMap?geoid=6__california\" target=\"_blank\" rel=\"noopener noreferrer\">$520 billion\u003c/a> per year according to the Computing Technology Industry Association, a nonprofit trade association specializing in IT.\u003c/p>\n\u003cp>Roughly 2 million Californians have jobs because of the state’s tech economy.\u003c/p>\n\u003cp>The lack of Black representation in technology jobs has long been a point of contention for racial equity advocates, and claims of racial bias and discrimination within the industry remain persistent. In recent years, technology experts have raised alarms about racism being baked into the algorithms that determine credit worthiness, health treatments, job application status and more.[pullquote size=\"medium\" align=\"right\" citation=\"Yeshimabeit Milner, co-founder of Data for Black Lives\"]‘Data has been weaponized against Black communities, because the bullets, police dogs and fire hoses of the past have become the predictive policing, data-driven voter suppression and facial recognition of the present.’[/pullquote]\u003c/p>\n\u003cp>Discrimination in technology was featured at the January meetings of California’s Reparations Task Force, a nine-member body assigned the daunting job of conducting public meetings to study and develop reparation proposals for Black Californians. The task force, established by \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3121\" target=\"_blank\" rel=\"noopener noreferrer\">AB 3121\u003c/a>, held meetings on Jan. 27 and 28 focused on public health and eligibility, in addition to technology.\u003c/p>\n\u003cp>As part of their scope of work, the task force is examining discriminatory practices in the public and private sectors, such as redlining and predatory lending, from 1868 to the present.\u003c/p>\n\u003cp>The expert technology panel included Yeshimabeit Milner, co-founder of \u003ca href=\"https://d4bl.org/about.html\" target=\"_blank\" rel=\"noopener noreferrer\">Data for Black Lives\u003c/a>, a organization that seeks to use data science to improve the lives of Black people; Vinhcent Le and Debra Gore-Mann from \u003ca href=\"https://greenlining.org/\" target=\"_blank\" rel=\"noopener noreferrer\">The Greenlining Institute\u003c/a>, an Oakland-based public policy and advocacy group focused on the economic empowerment of people of color; and \u003ca href=\"https://safiyaunoble.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Safiya U. Noble\u003c/a>, a MacArthur Foundation Fellow and professor of gender studies and African American studies at UCLA.\u003c/p>\n\u003cp>There are many ways the technology industry perpetuates the wealth gap, the experts told the task force. But, as Le and Gore-Mann said, harnessing technology may also be used as a reinvestment tool.\u003c/p>\n\u003cp>Before testifying about racism and discrimination in the tech industry, Noble, the author of “Algorithms of Oppression,” shared an anecdote about her family.\u003c/p>\n\u003cp>“I’m a descendant of enslaved Black Americans,” she said. “My paternal grandmother was born into sharecropping, and she and my grandfather bought many of our relatives out of this de facto system of slavery in Mississippi.”\u003c/p>\n\u003cp>Noble spoke about how algorithms used in criminal justice, resource allocation and surveillance can often lead to disparate outcomes for Black people.[aside postID=\"news_11898258,forum_2010101887335,news_11897977\" label=\"Related Posts\"]“Each of these types of carceral technology are unfairly pointed at vulnerable Black people,” she said. “California is central to the origin story of the tech industry, and so it must be understood as a powerful element in California history.”\u003c/p>\n\u003cp>“Technology often allows systems to operate at a much faster speed and at a much higher scale, while also making the ability to intervene and question more difficult.”\u003c/p>\n\u003cp>Milner explained some of the nuances of algorithms to the task force and the audience watching from their computer screens. A simple definition for algorithms, Milner said, is that they are “a set of step-by-step instructions to solve a problem.”\u003c/p>\n\u003cp>“A recipe is an algorithm, a list of instructions … the result is based on what we define from the beginning of the recipe as a success,” she added. “Data has been weaponized against Black communities, because the bullets, police dogs and fire hoses of the past have become the predictive policing, data-driven voter suppression and facial recognition of the present.”\u003c/p>\n\u003cp>https://vimeo.com/670990780\u003c/p>\n\u003cp>There’s a lack of transparency, accountability and clarity on what exactly goes into algorithms that are used to determine outcomes.\u003c/p>\n\u003cp>“While it is in violation of federal law to deny people housing, employment and education based on race, you can’t sue an algorithm,” Milner said. “You don’t even need to use race as a variable. The legacy of slavery [has] made ZIP codes proxies for race.”\u003c/p>\n\u003cp>Le and Gore-Mann pointed out how racism in the tech industry can be traced back to redlining.\u003c/p>\n\u003cp>“Redlining lives on in the data that determines which neighborhoods get good access to the internet or new services and technologies,” Le said. “This is why the reparations work is so important. It gives us a chance to change the data points that give rise to data-driven discrimination.”\u003c/p>\n\u003cp>Without proper oversight, systems can embed the history of discrimination and redlining into decisions, Le added.\u003c/p>\n\u003cp>“We need race-aware data so we can test these systems that control access to economic opportunity for bias and discrimination,” he said. “The housing discrimination and the redlining of the past is still quite well and alive today. Our anti-discrimination laws have not kept pace with these technologies.”\u003c/p>\n\u003cp>One solution Gore-Mann and Le recognized is a mapping tool designed with social equity in mind.\u003c/p>\n\u003cp>\u003ca href=\"https://oehha.ca.gov/calenviroscreen/about-calenviroscreen\" target=\"_blank\" rel=\"noopener noreferrer\">CalEnviroScreen\u003c/a> uses equity indicators like poverty, unemployment and exposure to pollution to identify marginalized communities that are eligible for increased investment from the state’s Greenhouse Gas Reduction Fund. With the help of this algorithm, over $4.5 billion in state funding has gone toward investments in Black and Latino communities.\u003c/p>\n\u003cp>This program is a potential template to undo past discrimination and drive more investments into communities to improve economic opportunities.\u003c/p>\n\u003cp>“The reparations solutions will not close the gap if we’re continually allowing technology to widen the gap,” Gore-Mann said. “We see our praxis as the intersection between that economic equity, racial equity and building wealth.\u003c/p>\n\u003cp>“The data goes both ways — to help us analyze and create good policies and remove disparate impacts, but also to hold companies accountable.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Discrimination in technology was featured at the January meetings of California’s Reparations Task Force, a nine-member body assigned the daunting job of conducting public meetings to study and develop reparation proposals for Black Californians. The task force, established by \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3121\" target=\"_blank\" rel=\"noopener noreferrer\">AB 3121\u003c/a>, held meetings on Jan. 27 and 28 focused on public health and eligibility, in addition to technology.\u003c/p>\n\u003cp>As part of their scope of work, the task force is examining discriminatory practices in the public and private sectors, such as redlining and predatory lending, from 1868 to the present.\u003c/p>\n\u003cp>The expert technology panel included Yeshimabeit Milner, co-founder of \u003ca href=\"https://d4bl.org/about.html\" target=\"_blank\" rel=\"noopener noreferrer\">Data for Black Lives\u003c/a>, a organization that seeks to use data science to improve the lives of Black people; Vinhcent Le and Debra Gore-Mann from \u003ca href=\"https://greenlining.org/\" target=\"_blank\" rel=\"noopener noreferrer\">The Greenlining Institute\u003c/a>, an Oakland-based public policy and advocacy group focused on the economic empowerment of people of color; and \u003ca href=\"https://safiyaunoble.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Safiya U. Noble\u003c/a>, a MacArthur Foundation Fellow and professor of gender studies and African American studies at UCLA.\u003c/p>\n\u003cp>There are many ways the technology industry perpetuates the wealth gap, the experts told the task force. But, as Le and Gore-Mann said, harnessing technology may also be used as a reinvestment tool.\u003c/p>\n\u003cp>Before testifying about racism and discrimination in the tech industry, Noble, the author of “Algorithms of Oppression,” shared an anecdote about her family.\u003c/p>\n\u003cp>“I’m a descendant of enslaved Black Americans,” she said. “My paternal grandmother was born into sharecropping, and she and my grandfather bought many of our relatives out of this de facto system of slavery in Mississippi.”\u003c/p>\n\u003cp>Noble spoke about how algorithms used in criminal justice, resource allocation and surveillance can often lead to disparate outcomes for Black people.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Each of these types of carceral technology are unfairly pointed at vulnerable Black people,” she said. “California is central to the origin story of the tech industry, and so it must be understood as a powerful element in California history.”\u003c/p>\n\u003cp>“Technology often allows systems to operate at a much faster speed and at a much higher scale, while also making the ability to intervene and question more difficult.”\u003c/p>\n\u003cp>Milner explained some of the nuances of algorithms to the task force and the audience watching from their computer screens. A simple definition for algorithms, Milner said, is that they are “a set of step-by-step instructions to solve a problem.”\u003c/p>\n\u003cp>“A recipe is an algorithm, a list of instructions … the result is based on what we define from the beginning of the recipe as a success,” she added. “Data has been weaponized against Black communities, because the bullets, police dogs and fire hoses of the past have become the predictive policing, data-driven voter suppression and facial recognition of the present.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>There’s a lack of transparency, accountability and clarity on what exactly goes into algorithms that are used to determine outcomes.\u003c/p>\n\u003cp>“While it is in violation of federal law to deny people housing, employment and education based on race, you can’t sue an algorithm,” Milner said. “You don’t even need to use race as a variable. The legacy of slavery [has] made ZIP codes proxies for race.”\u003c/p>\n\u003cp>Le and Gore-Mann pointed out how racism in the tech industry can be traced back to redlining.\u003c/p>\n\u003cp>“Redlining lives on in the data that determines which neighborhoods get good access to the internet or new services and technologies,” Le said. “This is why the reparations work is so important. It gives us a chance to change the data points that give rise to data-driven discrimination.”\u003c/p>\n\u003cp>Without proper oversight, systems can embed the history of discrimination and redlining into decisions, Le added.\u003c/p>\n\u003cp>“We need race-aware data so we can test these systems that control access to economic opportunity for bias and discrimination,” he said. “The housing discrimination and the redlining of the past is still quite well and alive today. Our anti-discrimination laws have not kept pace with these technologies.”\u003c/p>\n\u003cp>One solution Gore-Mann and Le recognized is a mapping tool designed with social equity in mind.\u003c/p>\n\u003cp>\u003ca href=\"https://oehha.ca.gov/calenviroscreen/about-calenviroscreen\" target=\"_blank\" rel=\"noopener noreferrer\">CalEnviroScreen\u003c/a> uses equity indicators like poverty, unemployment and exposure to pollution to identify marginalized communities that are eligible for increased investment from the state’s Greenhouse Gas Reduction Fund. With the help of this algorithm, over $4.5 billion in state funding has gone toward investments in Black and Latino communities.\u003c/p>\n\u003cp>This program is a potential template to undo past discrimination and drive more investments into communities to improve economic opportunities.\u003c/p>\n\u003cp>“The reparations solutions will not close the gap if we’re continually allowing technology to widen the gap,” Gore-Mann said. “We see our praxis as the intersection between that economic equity, racial equity and building wealth.\u003c/p>\n\u003cp>“The data goes both ways — to help us analyze and create good policies and remove disparate impacts, but also to hold companies accountable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Not Everything About Fast Food Is Fast",
"title": "Not Everything About Fast Food Is Fast",
"headTitle": "Mark Fiore: Drawn to the Bay | KQED News",
"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final.png\">\u003cimg class=\"alignnone size-full wp-image-11903654\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final.png\" alt='Cartoon: a bacon cheeseburger labeled, \"$1.99, ready in one minute,\" opposite a crowd of fast food workers labeled, \"$2 million and still waiting.\"' width=\"1920\" height=\"1343\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-800x560.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-1020x713.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-160x112.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-1536x1074.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>While the state Assembly \u003ca href=\"https://www.kqed.org/news/11903450/state-assembly-backs-new-council-to-oversee-fast-food-industry\">passed a bill\u003c/a> on Monday that would establish a council to regulate the fast food industry, thousands of \u003ca href=\"https://bit.ly/fiorewagetheft\">victims of wage theft continue to wait for the money they're owed\u003c/a>.\u003c/p>\n\u003cp>Though many different businesses stiff their workers, the fast food industry is notorious for not paying its employees for overtime and meal or rest breaks as required by law.\u003c/p>\n\u003cp>A restaurant group that owned several Burger King franchises in San Francisco is on the hook for around $2 million in wage theft.\u003c/p>\n\u003cp>Unfortunately, the California Labor Commissioner’s Office, which is tasked with distributing restitution to victims of wage theft, seems to be about as efficient as a snail towing a glacier.\u003c/p>\n\u003cp>The people who can least afford to go without their wages are suffering thanks to greedy corporations and an overwhelmed state agency.\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/waiting_020122_final.png\">\u003cimg class=\"alignnone size-full wp-image-11903654\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final.png\" alt='Cartoon: a bacon cheeseburger labeled, \"$1.99, ready in one minute,\" opposite a crowd of fast food workers labeled, \"$2 million and still waiting.\"' width=\"1920\" height=\"1343\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-800x560.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-1020x713.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-160x112.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/02/waiting_020122_final-1536x1074.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>While the state Assembly \u003ca href=\"https://www.kqed.org/news/11903450/state-assembly-backs-new-council-to-oversee-fast-food-industry\">passed a bill\u003c/a> on Monday that would establish a council to regulate the fast food industry, thousands of \u003ca href=\"https://bit.ly/fiorewagetheft\">victims of wage theft continue to wait for the money they're owed\u003c/a>.\u003c/p>\n\u003cp>Though many different businesses stiff their workers, the fast food industry is notorious for not paying its employees for overtime and meal or rest breaks as required by law.\u003c/p>\n\u003cp>A restaurant group that owned several Burger King franchises in San Francisco is on the hook for around $2 million in wage theft.\u003c/p>\n\u003cp>Unfortunately, the California Labor Commissioner’s Office, which is tasked with distributing restitution to victims of wage theft, seems to be about as efficient as a snail towing a glacier.\u003c/p>\n\u003cp>The people who can least afford to go without their wages are suffering thanks to greedy corporations and an overwhelmed state agency.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Gov. Gavin Newsom, who three years ago placed a moratorium on executions, now is moving to dismantle the United States’ largest death row by moving all condemned inmates to other prisons within two years.\u003c/p>\n\u003cp>The goal is to turn the section at San Quentin State Prison into a “positive, healing environment.” Newsom said Monday it’s an outgrowth of his opposition to what he believes is a deeply flawed system, one that “gets my blood boiling.”\u003c/p>\n\u003cp>“The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,” he said. “We talk about justice, we preach justice, but as a nation, we don’t practice it on death row.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Gov. Gavin Newsom\"]‘The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence.’[/pullquote]California, which last carried out an execution in 2006, is one of 28 states that maintain death rows, along with the U.S. government, according to the Death Penalty Information Center.\u003c/p>\n\u003cp>While other states like Illinois have abolished executions, California is merging its condemned inmates into the general prison population with no expectation that any will face execution anytime in the near future.\u003c/p>\n\u003cp>“We are starting the process of closing death row to repurpose and transform the current housing units into something innovative and anchored in rehabilitation,” California Department of Corrections and Rehabilitation spokesperson Vicky Waters told The Associated Press.\u003c/p>\n\u003cp>Oregon similarly transferred its much smaller condemned population to other inmate housing two years ago.\u003c/p>\n\u003cp>Newsom imposed a moratorium on executions in 2019 and shut down the state’s execution chamber at San Quentin, north of San Francisco. Now his administration is turning on its head a 2016 voter-approved initiative intended to expedite executions by capitalizing on one provision that allows inmates to be moved off death row.\u003c/p>\n\u003cp>“The underlying motive of the administration is to mainstream as many of these condemned murderers as possible,” said Michael Rushford, president of the Criminal Justice Legal Foundation, which backed the initiative. “Our objective was to speed up the process.”\u003c/p>\n\u003cp>He added he doesn’t think victims are happy with the administration’s decision.\u003c/p>\n\u003cp>“They’re moving condemned murderers into facilities that are going to make their lives better and offer them more amenities, while the victims still mourn the death of their family member,” Rushford said.\u003cbr>\n[ad fullwidth]\u003cbr>\nNewsom said voters approved the move, though he doubts many understood the provision.\u003c/p>\n\u003cp>“When they affirmed the death penalty, they also affirmed a responsibility … to actually move that population on death row out and to get them working,” Newsom said.\u003c/p>\n\u003cp>Newsom is “pouring more salt on the wounds of the victims,” countered Crime Victims United president Nina Salarno. “He’s usurping the law.’”\u003c/p>\n\u003cp>Actor Mike Farrell, president of the group Death Penalty Focus, which opposes the death penalty, said he is thrilled with the idea but concerned by transfers he said could turn condemned inmates into “very ripe targets” for other prisoners.\u003c/p>\n\u003cp>“We’re talking about people who have been in a specific kind of isolation for decades,” living with the prospect of execution, Farrell said. “To simply move them without very serious consideration of their needs, their personal issues, their psychological state and their safety would be a hideous mistake.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Mike Farrell, actor and president, Death Penalty Focus\"]‘We’re talking about people who have been in a specific kind of isolation for decades.’[/pullquote]Corrections officials began a voluntary two-year pilot program in January 2020 that as of Friday had moved 116 of the state’s 673 condemned male inmates to one of seven other prisons that have maximum security facilities and are surrounded by lethal electrified fences.\u003c/p>\n\u003cp>They intend to submit permanent proposed regulations within weeks that would make the transfers mandatory and “allow for the repurposing of all death row housing units,” Waters said.\u003c/p>\n\u003cp>The ballot measure approved six years ago also required condemned inmates to participate in prison jobs, with 70% of the money going to restitution for their victims, and corrections officials said that’s their goal with the transfers. By the end of last year, more than $49,000 in restitution had been collected under the pilot program.\u003c/p>\n\u003cp>Newsom’s proposed budget for the fiscal year starting July 1 seeks $1.5 million to find new uses for the vacant condemned housing.\u003c/p>\n\u003cp>[aside postID=\"news_11900595\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS44233_GettyImages-1253314486-qut-1020x664.jpg\"]It notes that death row and its supporting activities are in the same area as facilities used for rehabilitation programs for medium-security San Quentin inmates. The money would be used to hire a consultant to “develop options for [the] space focused on creating a positive, healing environment to provide increased rehabilitative, educational and health care opportunities.”\u003c/p>\n\u003cp>San Quentin’s never-used $853,000 execution chamber is in a separate area of the prison, and there are no plans to “repurpose” that area, Waters said.\u003c/p>\n\u003cp>California voters supported the death penalty in 2012 and 2016. An advisory panel to Newsom and lawmakers, the Committee on Revision of the Penal Code, in November became the latest to recommend repealing the death penalty, calling it “beyond repair.”\u003c/p>\n\u003cp>Under the state’s transfer program, condemned inmates moved to other prisons can be housed in solitary or disciplinary confinement if officials decide they cannot be safely housed with others, although they are supposed to be interspersed with other inmates. Inmates on death row are housed one to a cell, but the transferred inmates can be housed with others if it’s deemed safe.\u003c/p>\n\u003cp>“There have been no safety concerns, and no major disciplinary issues have occurred,” Waters said.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='gavin-newsom']When it comes to jobs and other rehabilitation activities, condemned inmates outside death row are treated similarly to inmates serving sentences of life without parole. That includes a variety of jobs such as maintenance and administrative duties, according to prison officials.\u003c/p>\n\u003cp>The condemned inmates are counted more often and are constantly supervised during activities, officials said.\u003c/p>\n\u003cp>Before they are moved, they are “carefully screened to determine whether they can safely participate in the program,” according to the department. That includes things like each inmate’s security level; medical, psychiatric and other needs; their behavior; safety concerns and notoriety.\u003c/p>\n\u003cp>Female condemned inmates are housed at the Central California Women’s Facility in Chowchilla. They can transfer to less restrictive housing within the same prison, and eight of the 21 have done so.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cp>PG&E has completed five years of criminal probation despite worries that the nation’s largest utility remains too dangerous to trust after years of devastation from wildfires sparked by its equipment and linked to neglectful management.\u003c/p>\n\u003cp>The probation, which expired at midnight Tuesday, was intended to rehabilitate PG&E and improve its safety practices after its 2016 conviction arising from the 2010 San Bruno gas pipeline disaster.\u003c/p>\n\u003cp>Instead, PG&E has been found responsible year after year for igniting catastrophic wildfires.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"U.S. District Judge William Alsup\"]‘In these five years, PG&E has gone on a crime spree and will emerge from probation as a continuing menace to California.’[/pullquote]\u003c/p>\n\u003cp>Those include several in the North Bay in 2017; the 2018 Camp Fire in Butte County that nearly wiped out the town of Paradise and nearby communities; the 2019 Kincade Fire in Sonoma County; the 2020 Zogg Fire in Shasta County, which killed four people; and last year’s Dixie Fire, which burned nearly 1 million acres of northern Sierra Nevada forest.\u003c/p>\n\u003cp>All told, fires the company started while on probation have killed 111 people.\u003c/p>\n\u003cp>“In these five years, PG&E has gone on a crime spree and will emerge from probation as a continuing menace to California,” U.S. District Judge William Alsup wrote in \u003ca href=\"https://s3.documentcloud.org/documents/21182427/final-comments-of-district-court-upon-expiration-of-pges-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a report last week\u003c/a> reviewing his oversight of the utility.\u003c/p>\n\u003cp>“We have tried hard to rehabilitate PG&E,” Alsup wrote. “As the supervising district judge, however, I must acknowledge failure.”\u003c/p>\n\u003cp>Alsup declined an interview request from The Associated Press to elaborate on his concerns about PG&E.\u003c/p>\n\u003cp>PG&E faces more criminal charges for both the Kincade and Zogg fires. Butte County prosecutors are now determining whether to charge the company with arson in the Dixie Fire, a decision due by July.\u003c/p>\n\u003cp>PG&E’s conduct prompted its court-appointed monitor to raise alarms about the utility’s wildfire prevention efforts in \u003ca href=\"https://s3.documentcloud.org/documents/21190278/usavpge-monitorreport-211123.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a final report filed in November\u003c/a>.\u003c/p>\n\u003cp>Although the monitor’s report applauded significant improvements to the company’s natural gas operations, it raised serious concerns about the company’s poor record of wildfire safety.\u003c/p>\n\u003cp>“We doubt anyone would seriously contend PG&E’s performance has been adequate, or that substantial improvement is not still imperative,” the report said.\u003c/p>\n\u003cp>The monitor cautioned that with 25,000 miles of power lines in California’s most fire-prone territory, the consequences of a single misstep — a missed hazard tree, the failure to replace corroded hardware on power lines — can be “death and destruction.”\u003c/p>\n\u003cp>Judge Alsup, who repeatedly excoriated PG&E during its probation, asked both federal prosecutors and PG&E in 2019 to weigh in on whether he could extend the company’s probation.\u003c/p>\n\u003cp>He \u003ca href=\"https://www.kqed.org/news/11900606/frustrated-with-pge-denial-of-wildfire-charges-judge-raises-possibility-of-extending-probation\" target=\"_blank\" rel=\"noopener noreferrer\">raised the idea again\u003c/a> during a hearing earlier this month held to consider allegations PG&E had violated probation by starting the Kincade and Zogg fires.\u003c/p>\n\u003cp>When PG&E lawyers formally denied the charges, Alsup told Assistant U.S. Attorney Noah Stern he would consider extending probation, but only if prosecutors asked him to.\u003c/p>\n\u003cp>The U.S. Attorney’s Office in San Francisco declined to file such a motion. Instead, \u003ca href=\"https://s3.documentcloud.org/documents/21174557/usa-v-pge-us-attorneys-office-informs-court-it-will-not-seek-to-extend-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">it told Alsup\u003c/a> that PG&E’s term of probation was already the maximum allowed under federal law. Even though there is no binding legal precedent, the prosecutors said, they would not seek an extension given the “unique history and circumstances” of the PG&E case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Catherine Sandoval, an energy professor at Santa Clara University and a former member of the California Public Utilities Commission, faulted federal prosecutors for backing away from trying to extend the probation.\u003c/p>\n\u003cp>She was also critical of the U.S. Attorney’s Office decision not to pursue an evidentiary hearing to prove the allegations that PG&E had violated its probation by igniting the Kincade and Zogg fires.\u003c/p>\n\u003cp>“I think that’s disappointing because for basic respect for the law here, you have a felon who has already admitted to 85 felonies during their probation,” Sandoval told KQED. “And then they’re charged with more probation violations and the U.S. attorney doesn’t even want to hold a hearing to determine whether or not there was a probation violation.”\u003c/p>\n\u003cp>“That’s just not consistent with the respect for the law I believe that we need, especially for, unfortunately, a recidivist felon, PG&E,” she said.\u003c/p>\n\u003cp>Stern, the federal prosecutor handling PG&E’s probation, didn’t respond to an Associated Press request for comment.\u003c/p>\n\u003cp>While acknowledging its problems, PG&E claimed in \u003ca href=\"https://s3.documentcloud.org/documents/21190281/pges-final-report-on-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">its own final report\u003c/a> to the judge in November that its electricity grid is “fundamentally safer” now than in January 2017. It also defended the roughly 40,000 employees and contractors who maintain its operations.\u003c/p>\n\u003cp>“Vilifying them and threatening to criminalize the exercise of professional judgment or the making of honest mistakes serves neither safety nor fairness, and instead severely detracts from PG&E’s efforts to bring the skills of the best and brightest to bear on stopping wildfires,” PG&E lawyers wrote. “We are all in this together.”\u003c/p>\n\u003cp>The utility says it now spends $1.4 billion annually to trim or remove trees, up from $400 million annually in 2017. But Alsup estimated PG&E still has a seven-year backlog of high-risk trees that need trimming or removal.\u003c/p>\n\u003cp>“We know there is more to do,” PG&E told Alsup in its final report. “These are not just words on a page or a poster, they are a commitment to make it right and make Californians safe.”\u003c/p>\n\u003cp>Sandoval, who was among the CPUC commissioners overseeing PG&E from 2011 to 2017, accused PG&E officials of being mired in a pattern of “cognitive immaturity” and “lazy thinking” that should require its executives and board to submit to counseling.\u003c/p>\n\u003cp>“PG&E, the corporation, needs the training an individual criminal defendant would have received in prison to break the cycle of criminal thinking that endangers public safety,” Sandoval wrote in a filing earlier this month.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from The Associated Press and Dan Brekke of KQED News. \u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>PG&E has completed five years of criminal probation despite worries that the nation’s largest utility remains too dangerous to trust after years of devastation from wildfires sparked by its equipment and linked to neglectful management.\u003c/p>\n\u003cp>The probation, which expired at midnight Tuesday, was intended to rehabilitate PG&E and improve its safety practices after its 2016 conviction arising from the 2010 San Bruno gas pipeline disaster.\u003c/p>\n\u003cp>Instead, PG&E has been found responsible year after year for igniting catastrophic wildfires.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Those include several in the North Bay in 2017; the 2018 Camp Fire in Butte County that nearly wiped out the town of Paradise and nearby communities; the 2019 Kincade Fire in Sonoma County; the 2020 Zogg Fire in Shasta County, which killed four people; and last year’s Dixie Fire, which burned nearly 1 million acres of northern Sierra Nevada forest.\u003c/p>\n\u003cp>All told, fires the company started while on probation have killed 111 people.\u003c/p>\n\u003cp>“In these five years, PG&E has gone on a crime spree and will emerge from probation as a continuing menace to California,” U.S. District Judge William Alsup wrote in \u003ca href=\"https://s3.documentcloud.org/documents/21182427/final-comments-of-district-court-upon-expiration-of-pges-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a report last week\u003c/a> reviewing his oversight of the utility.\u003c/p>\n\u003cp>“We have tried hard to rehabilitate PG&E,” Alsup wrote. “As the supervising district judge, however, I must acknowledge failure.”\u003c/p>\n\u003cp>Alsup declined an interview request from The Associated Press to elaborate on his concerns about PG&E.\u003c/p>\n\u003cp>PG&E faces more criminal charges for both the Kincade and Zogg fires. Butte County prosecutors are now determining whether to charge the company with arson in the Dixie Fire, a decision due by July.\u003c/p>\n\u003cp>PG&E’s conduct prompted its court-appointed monitor to raise alarms about the utility’s wildfire prevention efforts in \u003ca href=\"https://s3.documentcloud.org/documents/21190278/usavpge-monitorreport-211123.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">a final report filed in November\u003c/a>.\u003c/p>\n\u003cp>Although the monitor’s report applauded significant improvements to the company’s natural gas operations, it raised serious concerns about the company’s poor record of wildfire safety.\u003c/p>\n\u003cp>“We doubt anyone would seriously contend PG&E’s performance has been adequate, or that substantial improvement is not still imperative,” the report said.\u003c/p>\n\u003cp>The monitor cautioned that with 25,000 miles of power lines in California’s most fire-prone territory, the consequences of a single misstep — a missed hazard tree, the failure to replace corroded hardware on power lines — can be “death and destruction.”\u003c/p>\n\u003cp>Judge Alsup, who repeatedly excoriated PG&E during its probation, asked both federal prosecutors and PG&E in 2019 to weigh in on whether he could extend the company’s probation.\u003c/p>\n\u003cp>He \u003ca href=\"https://www.kqed.org/news/11900606/frustrated-with-pge-denial-of-wildfire-charges-judge-raises-possibility-of-extending-probation\" target=\"_blank\" rel=\"noopener noreferrer\">raised the idea again\u003c/a> during a hearing earlier this month held to consider allegations PG&E had violated probation by starting the Kincade and Zogg fires.\u003c/p>\n\u003cp>When PG&E lawyers formally denied the charges, Alsup told Assistant U.S. Attorney Noah Stern he would consider extending probation, but only if prosecutors asked him to.\u003c/p>\n\u003cp>The U.S. Attorney’s Office in San Francisco declined to file such a motion. Instead, \u003ca href=\"https://s3.documentcloud.org/documents/21174557/usa-v-pge-us-attorneys-office-informs-court-it-will-not-seek-to-extend-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">it told Alsup\u003c/a> that PG&E’s term of probation was already the maximum allowed under federal law. Even though there is no binding legal precedent, the prosecutors said, they would not seek an extension given the “unique history and circumstances” of the PG&E case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Catherine Sandoval, an energy professor at Santa Clara University and a former member of the California Public Utilities Commission, faulted federal prosecutors for backing away from trying to extend the probation.\u003c/p>\n\u003cp>She was also critical of the U.S. Attorney’s Office decision not to pursue an evidentiary hearing to prove the allegations that PG&E had violated its probation by igniting the Kincade and Zogg fires.\u003c/p>\n\u003cp>“I think that’s disappointing because for basic respect for the law here, you have a felon who has already admitted to 85 felonies during their probation,” Sandoval told KQED. “And then they’re charged with more probation violations and the U.S. attorney doesn’t even want to hold a hearing to determine whether or not there was a probation violation.”\u003c/p>\n\u003cp>“That’s just not consistent with the respect for the law I believe that we need, especially for, unfortunately, a recidivist felon, PG&E,” she said.\u003c/p>\n\u003cp>Stern, the federal prosecutor handling PG&E’s probation, didn’t respond to an Associated Press request for comment.\u003c/p>\n\u003cp>While acknowledging its problems, PG&E claimed in \u003ca href=\"https://s3.documentcloud.org/documents/21190281/pges-final-report-on-probation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">its own final report\u003c/a> to the judge in November that its electricity grid is “fundamentally safer” now than in January 2017. It also defended the roughly 40,000 employees and contractors who maintain its operations.\u003c/p>\n\u003cp>“Vilifying them and threatening to criminalize the exercise of professional judgment or the making of honest mistakes serves neither safety nor fairness, and instead severely detracts from PG&E’s efforts to bring the skills of the best and brightest to bear on stopping wildfires,” PG&E lawyers wrote. “We are all in this together.”\u003c/p>\n\u003cp>The utility says it now spends $1.4 billion annually to trim or remove trees, up from $400 million annually in 2017. But Alsup estimated PG&E still has a seven-year backlog of high-risk trees that need trimming or removal.\u003c/p>\n\u003cp>“We know there is more to do,” PG&E told Alsup in its final report. “These are not just words on a page or a poster, they are a commitment to make it right and make Californians safe.”\u003c/p>\n\u003cp>Sandoval, who was among the CPUC commissioners overseeing PG&E from 2011 to 2017, accused PG&E officials of being mired in a pattern of “cognitive immaturity” and “lazy thinking” that should require its executives and board to submit to counseling.\u003c/p>\n\u003cp>“PG&E, the corporation, needs the training an individual criminal defendant would have received in prison to break the cycle of criminal thinking that endangers public safety,” Sandoval wrote in a filing earlier this month.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from The Associated Press and Dan Brekke of KQED News. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>Updated 11:05 a.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>The San Jose City Council voted Tuesday night to require gun owners to carry liability insurance in what’s believed to be the first ordinance of its kind in the United States. The city council overwhelmingly approved the ordinance despite opposition from gun owners who said it would violate their Second Amendment rights and promised to sue. The ordinance follows a trend of other Democratic-led cities that have sought to rein in violence through stricter rules.\u003c/p>\n\u003cp>Gun owners would also be required to pay an estimated $25 fee, which would be collected by a yet-to-be-named nonprofit and doled out to community groups to be used for firearm safety education and training, suicide prevention, domestic violence services and mental health services.\u003c/p>\n\u003cp>“Tonight, San José became the first city in the United States to enact an ordinance to require gun owners to purchase liability insurance, and to invest funds generated from fees paid by gun owners into evidence-based initiatives to reduce gun violence and gun harm,” said Liccardo in a \u003ca href=\"https://www.sanjoseca.gov/Home/Components/News/News/3707/4699\">news release\u003c/a>. “Thank you to my council colleagues who continue to show their commitment to reducing gun violence and its devastation in our community.”\u003c/p>\n\u003cp>In light of the newly passed ordinance, the \u003ca href=\"https://www.dhillonlaw.com\" target=\"_blank\" rel=\"noopener noreferrer\">Dhillon Law Group\u003c/a> and the \u003ca href=\"https://nationalgunrights.org\" target=\"_blank\" rel=\"noopener noreferrer\">National Association for Gun Rights\u003c/a> hosted a press conference today announcing its lawsuit filed late Tuesday night against the city of San Jose.\u003c/p>\n\u003cp>The ordinance is part of a broad gun control plan that Liccardo announced following the May 26 mass shooting at the Santa Clara Valley Transportation Authority rail yard that left nine people dead, including the employee who opened fire on his colleagues, then killed himself.[pullquote size=\"medium\" align=\"right\" citation=\"San Jose Mayor Sam Liccardo\"]‘Tonight, San José became the first city in the United States to enact an ordinance to require gun owners to purchase liability insurance, and to invest funds generated from fees paid by gun owners into evidence-based initiatives to reduce gun violence and gun harm.’[/pullquote]\u003c/p>\n\u003cp>Having liability insurance would encourage the people in the 55,000 households in San Jose who legally own at least one registered gun to have gun safes, install trigger locks and take gun safety classes, Liccardo said.\u003c/p>\n\u003cp>The liability insurance would cover losses or damages resulting from any negligent or accidental use of the firearm, including death, injury or property damage, according to the ordinance. If a gun is stolen or lost, the owner of the firearm would be considered liable until the theft or loss is reported to authorities.[aside postID=\"news_11889092,news_11879635,news_11876982\" label=\"Related Posts\"]The requirement won’t apply to current and retired law enforcement officers or those with a license to carry concealed weapons.\u003c/p>\n\u003cp>Gun owners who don’t have insurance won’t lose their guns or face any criminal charges, the mayor said. However, those who don’t insure their weapons would face unspecified fines.\u003c/p>\n\u003cp>Sam Paredes, executive director of Gun Owners of California, said his group will sue if the proposal takes effect, calling it “totally unconstitutional in any configuration.”\u003c/p>\n\u003cp>“We have freedom of religion. You can’t tax religion. We have freedom of association. We can gather together and we can’t be taxed,” he said. “The same is true with the Second Amendment. You can’t put preconditions on it.”\u003c/p>\n\u003cp>Liccardo said gun violence costs San Jose taxpayers $40 million a year in emergency response services.\u003c/p>\n\u003cp>“The Second Amendment protects every citizen’s right to own and possess a gun. It does not mandate that taxpayers subsidize that right,” Liccardo said. He said some attorneys have already offered to defend the city pro bono.\u003c/p>\n\u003cp>An increasing number of violent crimes nationwide also are being attributed to “ghost guns,” the untraceable firearms made from build-it-yourself kits that can be assembled in minutes. At an hours-long meeting, critics argued that the fee and liability requirements violated their right to bear arms and would do nothing to stop gun crimes, including the use of “ghost guns.”\u003c/p>\n\u003cp>“You cannot tax a constitutional right. This does nothing to reduce crime,” one speaker said.\u003c/p>\n\u003cp>The ordinance didn’t address the massive problem of illegally obtained weapons that are stolen or purchased without background checks.\u003c/p>\n\u003cp>Liccardo acknowledged those concerns.\u003c/p>\n\u003cp>“This won’t stop mass shootings and keep bad people from committing violent crime,” the mayor said, but added most gun deaths nationally are from suicide, accidental shootings or other causes and even many homicides stem from domestic violence.\u003c/p>\n\u003cp>In 2019, ghost guns were associated with a fraction of gun-related deaths in San Francisco, but the following year, nearly 50% of guns recovered in homicide cases were ghost guns, San Francisco District Attorney Chesa Boudin said. In Los Angeles, the police department said the number of ghost guns it seized had increased by about 400% since 2017.\u003c/p>\n\u003cp>The San Jose Police Department could not say how many of the more than 200 gunfire deaths and injuries annually involved firearms obtained illegally.\u003c/p>\n\u003cp>\u003cem>This story will be updated.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 11:05 a.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>The San Jose City Council voted Tuesday night to require gun owners to carry liability insurance in what’s believed to be the first ordinance of its kind in the United States. The city council overwhelmingly approved the ordinance despite opposition from gun owners who said it would violate their Second Amendment rights and promised to sue. The ordinance follows a trend of other Democratic-led cities that have sought to rein in violence through stricter rules.\u003c/p>\n\u003cp>Gun owners would also be required to pay an estimated $25 fee, which would be collected by a yet-to-be-named nonprofit and doled out to community groups to be used for firearm safety education and training, suicide prevention, domestic violence services and mental health services.\u003c/p>\n\u003cp>“Tonight, San José became the first city in the United States to enact an ordinance to require gun owners to purchase liability insurance, and to invest funds generated from fees paid by gun owners into evidence-based initiatives to reduce gun violence and gun harm,” said Liccardo in a \u003ca href=\"https://www.sanjoseca.gov/Home/Components/News/News/3707/4699\">news release\u003c/a>. “Thank you to my council colleagues who continue to show their commitment to reducing gun violence and its devastation in our community.”\u003c/p>\n\u003cp>In light of the newly passed ordinance, the \u003ca href=\"https://www.dhillonlaw.com\" target=\"_blank\" rel=\"noopener noreferrer\">Dhillon Law Group\u003c/a> and the \u003ca href=\"https://nationalgunrights.org\" target=\"_blank\" rel=\"noopener noreferrer\">National Association for Gun Rights\u003c/a> hosted a press conference today announcing its lawsuit filed late Tuesday night against the city of San Jose.\u003c/p>\n\u003cp>The ordinance is part of a broad gun control plan that Liccardo announced following the May 26 mass shooting at the Santa Clara Valley Transportation Authority rail yard that left nine people dead, including the employee who opened fire on his colleagues, then killed himself.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Having liability insurance would encourage the people in the 55,000 households in San Jose who legally own at least one registered gun to have gun safes, install trigger locks and take gun safety classes, Liccardo said.\u003c/p>\n\u003cp>The liability insurance would cover losses or damages resulting from any negligent or accidental use of the firearm, including death, injury or property damage, according to the ordinance. If a gun is stolen or lost, the owner of the firearm would be considered liable until the theft or loss is reported to authorities.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The requirement won’t apply to current and retired law enforcement officers or those with a license to carry concealed weapons.\u003c/p>\n\u003cp>Gun owners who don’t have insurance won’t lose their guns or face any criminal charges, the mayor said. However, those who don’t insure their weapons would face unspecified fines.\u003c/p>\n\u003cp>Sam Paredes, executive director of Gun Owners of California, said his group will sue if the proposal takes effect, calling it “totally unconstitutional in any configuration.”\u003c/p>\n\u003cp>“We have freedom of religion. You can’t tax religion. We have freedom of association. We can gather together and we can’t be taxed,” he said. “The same is true with the Second Amendment. You can’t put preconditions on it.”\u003c/p>\n\u003cp>Liccardo said gun violence costs San Jose taxpayers $40 million a year in emergency response services.\u003c/p>\n\u003cp>“The Second Amendment protects every citizen’s right to own and possess a gun. It does not mandate that taxpayers subsidize that right,” Liccardo said. He said some attorneys have already offered to defend the city pro bono.\u003c/p>\n\u003cp>An increasing number of violent crimes nationwide also are being attributed to “ghost guns,” the untraceable firearms made from build-it-yourself kits that can be assembled in minutes. At an hours-long meeting, critics argued that the fee and liability requirements violated their right to bear arms and would do nothing to stop gun crimes, including the use of “ghost guns.”\u003c/p>\n\u003cp>“You cannot tax a constitutional right. This does nothing to reduce crime,” one speaker said.\u003c/p>\n\u003cp>The ordinance didn’t address the massive problem of illegally obtained weapons that are stolen or purchased without background checks.\u003c/p>\n\u003cp>Liccardo acknowledged those concerns.\u003c/p>\n\u003cp>“This won’t stop mass shootings and keep bad people from committing violent crime,” the mayor said, but added most gun deaths nationally are from suicide, accidental shootings or other causes and even many homicides stem from domestic violence.\u003c/p>\n\u003cp>In 2019, ghost guns were associated with a fraction of gun-related deaths in San Francisco, but the following year, nearly 50% of guns recovered in homicide cases were ghost guns, San Francisco District Attorney Chesa Boudin said. In Los Angeles, the police department said the number of ghost guns it seized had increased by about 400% since 2017.\u003c/p>\n\u003cp>The San Jose Police Department could not say how many of the more than 200 gunfire deaths and injuries annually involved firearms obtained illegally.\u003c/p>\n\u003cp>\u003cem>This story will be updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>COVID-19 Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, California logged 7 million cases of the coronavirus since the beginning of the pandemic – adding 1 million cases in just one week. Still, there are signs that the omicron surge is starting to climb down from its peak, as test positivity rates dropped from a high of 23% to 20%. But hospitals are still scrambling and death rates are still nearly double what they were a month ago.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Dr. Matt Willis, Marin County public health officer\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Judge LaDoris Cordell’s “Her Honor”\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Judge LaDoris Hazzard Cordell shattered glass ceilings when she became the first African American female judge in Northern California. Cordell, now retired, is calling out America’s criminal justice system for racial and ethnic bias, which study after study has also highlighted. She says the courts regularly and unfairly punish people of color more severely than white people and she has plenty of ideas for how to fix the system. Cordell shares her insights in her recent book, “\u003c/span>\u003cspan style=\"font-weight: 400\">Her Honor: My Life on the Bench… What Works, What’s Broken, and How to Change It.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Judge LaDoris Cordell, author, “Her Honor” \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California News & Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Despite the good news that COVID cases may be declining, the impact of the pandemic continues to be felt everywhere. Gov. Gavin Newsom and some lawmakers are looking to ramp up work-place COVID vaccine mandates and even remove the personal belief exemption. The issue of whether or not to require vaccination is also playing a role in the state Assembly race for David Chiu’s seat, which he vacated to take the job of San Francisco’s City Attorney.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Brian Watt, KQED morning edition host\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Something Beautiful: Art of the Brick\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week’s look at Something Beautiful is the “Art of the Brick,” an exhibition featuring more than 70 sculptures made from more than 1 million LEGO bricks by artist Nathan\u003c/span> \u003cspan style=\"font-weight: 400\">Sawaya.\u003c/span>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>COVID-19 Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, California logged 7 million cases of the coronavirus since the beginning of the pandemic – adding 1 million cases in just one week. Still, there are signs that the omicron surge is starting to climb down from its peak, as test positivity rates dropped from a high of 23% to 20%. But hospitals are still scrambling and death rates are still nearly double what they were a month ago.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Dr. Matt Willis, Marin County public health officer\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Judge LaDoris Cordell’s “Her Honor”\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Judge LaDoris Hazzard Cordell shattered glass ceilings when she became the first African American female judge in Northern California. Cordell, now retired, is calling out America’s criminal justice system for racial and ethnic bias, which study after study has also highlighted. She says the courts regularly and unfairly punish people of color more severely than white people and she has plenty of ideas for how to fix the system. Cordell shares her insights in her recent book, “\u003c/span>\u003cspan style=\"font-weight: 400\">Her Honor: My Life on the Bench… What Works, What’s Broken, and How to Change It.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guest:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Judge LaDoris Cordell, author, “Her Honor” \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>This Week in California News & Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Despite the good news that COVID cases may be declining, the impact of the pandemic continues to be felt everywhere. Gov. Gavin Newsom and some lawmakers are looking to ramp up work-place COVID vaccine mandates and even remove the personal belief exemption. The issue of whether or not to require vaccination is also playing a role in the state Assembly race for David Chiu’s seat, which he vacated to take the job of San Francisco’s City Attorney.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers",
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"content": "\u003cp>[dropcap]E[/dropcap]ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Calley Garay, in court documents\"]'He has always told me that a restraining order is not bulletproof and that he will find me.'[/pullquote]Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>[aside postID=\"news_11898155,news_11890534,news_11877217\" label=\"Related Stories\"]Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles\"]'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'[/pullquote]Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law\"]'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'[/pullquote]A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/robert-lewis/\">Robert Lewis\u003c/a>\u003cbr>\u003ca href=\"https://calmatters.org/\">CalMatters\u003c/a>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.[pullquote align=\"right\" size=\"medium\" citation=\"Mimi Tsankov, president, National Association of Immigration Judges\"]‘It seems like no matter how hard we work, that backlog we’re facing just keeps growing.’[/pullquote]With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”[aside label=\"related coverage\" tag=\"immigration\"]Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>With testimony from legal experts and the head of the immigration judges’ union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday’s hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we’re facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration’s actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alwin Smith was 30 years old when he received his third strike and a sentence to die in state prison.\u003c/p>\n\u003cp>Years of struggling with drug addiction caught up with him in 2000, when he was arrested in Riverside County for robbery and possession of drugs.\u003c/p>\n\u003cp>“When I first got sentenced, I was sentenced to 25 years to life for each one of those. And they gave me 15 more years — five years for each prior offense,” he said. “So I ended up with 65 years to life. … That’s a sentence that, can’t nobody do it. I mean, you ain’t gonna never complete the sentence.”\u003c/p>\n\u003cp>Smith would spend the next two decades in three different state prisons. For the first six years, at Corcoran State Prison, he said he had very little access to drug treatment or other rehabilitation services. But in 2007, he was sent to California Men’s Colony in San Luis Obispo, where he started going to church and soon began attending classes and programs the church offered.\u003c/p>\n\u003cp>“Now I’m starting to understand some things about my behavior. You know, the one thing, the one factor in my life, is alcohol and drug abuse — that’s the thing that continuously had guided my steps,” Smith said. “It was the driving force behind my actions and decisions.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Smith wasn’t just helping himself — over the coming years, he would become a leader, helping other men embrace faith and sobriety at both the Men’s Colony and Soledad State Prison, where he was transferred in 2011.\u003c/p>\n\u003cp>But still, his 65-year-to-life sentence remained — until an unlikely coalition, including Riverside County’s Republican district attorney, joined forces to secure his release.\u003c/p>\n\u003cp>Hillary Blout helped create the system that made Smith’s release possible. A former San Francisco prosecutor, Blout now heads \u003ca href=\"https://www.fortheppl.org/\">For the People\u003c/a>, an Oakland-based criminal justice reform nonprofit.\u003c/p>\n\u003cp>“I just believed that there was a way that we could get prosecutors to be part of the solution,” Blout said. “I knew that prosecutors believe that there were people in prison that didn’t need to be there, I knew that they agreed that people can change, and that there were people that were serving sentences not based on current-day practices.”\u003c/p>\n\u003cp>Blout helped write \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">a 2018 California law\u003c/a> that enabled district attorneys to bring certain exemplary people in prison back to court and request they be resentenced.\u003c/p>\n\u003cp>“It started with a couple of conversations with some elected prosecutors in California. They agreed: Yeah, if we had a law like this, we’d use it. We’d use it in a safe way,” Blout said. “We would be methodical about it. But yeah, we absolutely would get people out of prison if you showed they didn’t need to be there anymore.”\u003c/p>\n\u003cp>For the People works with prosecutors, public defenders and other groups to find the right cases; so far more than 100 people in California prisons have been released through the program since the legislation went into effect in 2019, and Blout estimates another 26,000 could safely reenter society.[aside label=\"Related Coverage\" tag=\"criminal-justice-reform\"]Last year, Blout’s group\u003ca href=\"https://www.kqed.org/news/11882320/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california\"> helped secure $18 million in state funding\u003c/a> for DAs in \u003ca href=\"https://static1.squarespace.com/static/5d44c4376e48120001a8b1d3/t/60f20eb61147e5557d91ae9a/1626476214277/Latest+-+Fact+Sheet++California+County+Resentencing+Pilot+Program+%281%29.pdf\">nine counties, including San Francisco, Santa Clara and Contra Costa\u003c/a>, to help pay for the work of identifying and seeking the release of more eligible people in prison. She says the state could eventually save hundreds of millions of dollars through safe resentencing.\u003c/p>\n\u003cp>For the People also has successfully pushed to pass similar laws in \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">Washington\u003c/a>, \u003ca href=\"https://www.oregonlive.com/politics/2021/06/bill-allowing-das-and-prisoners-to-ask-court-to-review-sentence-conviction-heads-to-governors-desk.html\">Oregon\u003c/a> and \u003ca href=\"https://www.thetelegraph.com/news/article/Illinois-passes-new-law-prohibiting-police-from-16317669.php'\">Illinois\u003c/a>.\u003c/p>\n\u003cp>It’s a rare good-news, bipartisan story in a policy area that’s historically been marked by bitter disagreement. Democratic state leaders have been pushing criminal justice reform in California in earnest for about a decade, following a lawsuit over state prison crowding that eventually led the U.S. Supreme Court to order the state to reduce the number of people locked up. But most of those reforms remain unpopular among law enforcement officials and Republican leaders.\u003c/p>\n\u003cp>While this program sounds like a natural fit for progressive prosecutors already committed to reform, it’s notable that it’s also being embraced by some more traditionally law-and-order DA’s offices — like the one in Yolo County, just west of Sacramento.\u003c/p>\n\u003cp>Jonathan Raven, the county’s chief deputy district attorney, has worked in law enforcement for 25 years. A decade ago, when Raven started working in this office, “we viewed every case as a nail,” he said.\u003c/p>\n\u003cp>“And if you have a nail with the tool, you’re going to use a hammer. And we realize now that they’re all there, all sorts of other tools in the box that we can use to achieve justice.”\u003c/p>\n\u003cp>The new law, Raven said, allows his office both to reconsider sentences that may have been too long from the start and to revisit cases in which people have demonstrated they’ve had a true personal transformation in prison.\u003c/p>\n\u003cp>Raven said his office always works with an eye to public safety and ensuring victims’ voices are part of the resentencing conversation. His office has so far resentenced nine people through the program, most of whom were immediately released, he said.\u003c/p>\n\u003cp>“It’s real stories and real people and real lives. And the thing about sentencing someone to prison — it’s a lot of power that we have, and there’s such an effect on so many people,” he said. “So it’s extremely satisfying to see someone who has earned an early release, you know, get out early.”\u003c/p>\n\u003cp>In Alwin Smith’s case, he walked free in July. He’s now back in Riverside County, working at a Costco and interning at a church, where he helps provide meals and showers to the homeless, and speaks to middle school students about his story.\u003c/p>\n\u003cp>In the long term, Smith said, he just wants to continue to help others.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I’m working a great job at a great company and I’m giving back. But I want more of the giving back … and to continue to grow and learn,” he said. “So I’m seeing where the Lord is going to lead me and take me in that process.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alwin Smith was 30 years old when he received his third strike and a sentence to die in state prison.\u003c/p>\n\u003cp>Years of struggling with drug addiction caught up with him in 2000, when he was arrested in Riverside County for robbery and possession of drugs.\u003c/p>\n\u003cp>“When I first got sentenced, I was sentenced to 25 years to life for each one of those. And they gave me 15 more years — five years for each prior offense,” he said. “So I ended up with 65 years to life. … That’s a sentence that, can’t nobody do it. I mean, you ain’t gonna never complete the sentence.”\u003c/p>\n\u003cp>Smith would spend the next two decades in three different state prisons. For the first six years, at Corcoran State Prison, he said he had very little access to drug treatment or other rehabilitation services. But in 2007, he was sent to California Men’s Colony in San Luis Obispo, where he started going to church and soon began attending classes and programs the church offered.\u003c/p>\n\u003cp>“Now I’m starting to understand some things about my behavior. You know, the one thing, the one factor in my life, is alcohol and drug abuse — that’s the thing that continuously had guided my steps,” Smith said. “It was the driving force behind my actions and decisions.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Smith wasn’t just helping himself — over the coming years, he would become a leader, helping other men embrace faith and sobriety at both the Men’s Colony and Soledad State Prison, where he was transferred in 2011.\u003c/p>\n\u003cp>But still, his 65-year-to-life sentence remained — until an unlikely coalition, including Riverside County’s Republican district attorney, joined forces to secure his release.\u003c/p>\n\u003cp>Hillary Blout helped create the system that made Smith’s release possible. A former San Francisco prosecutor, Blout now heads \u003ca href=\"https://www.fortheppl.org/\">For the People\u003c/a>, an Oakland-based criminal justice reform nonprofit.\u003c/p>\n\u003cp>“I just believed that there was a way that we could get prosecutors to be part of the solution,” Blout said. “I knew that prosecutors believe that there were people in prison that didn’t need to be there, I knew that they agreed that people can change, and that there were people that were serving sentences not based on current-day practices.”\u003c/p>\n\u003cp>Blout helped write \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">a 2018 California law\u003c/a> that enabled district attorneys to bring certain exemplary people in prison back to court and request they be resentenced.\u003c/p>\n\u003cp>“It started with a couple of conversations with some elected prosecutors in California. They agreed: Yeah, if we had a law like this, we’d use it. We’d use it in a safe way,” Blout said. “We would be methodical about it. But yeah, we absolutely would get people out of prison if you showed they didn’t need to be there anymore.”\u003c/p>\n\u003cp>For the People works with prosecutors, public defenders and other groups to find the right cases; so far more than 100 people in California prisons have been released through the program since the legislation went into effect in 2019, and Blout estimates another 26,000 could safely reenter society.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Last year, Blout’s group\u003ca href=\"https://www.kqed.org/news/11882320/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california\"> helped secure $18 million in state funding\u003c/a> for DAs in \u003ca href=\"https://static1.squarespace.com/static/5d44c4376e48120001a8b1d3/t/60f20eb61147e5557d91ae9a/1626476214277/Latest+-+Fact+Sheet++California+County+Resentencing+Pilot+Program+%281%29.pdf\">nine counties, including San Francisco, Santa Clara and Contra Costa\u003c/a>, to help pay for the work of identifying and seeking the release of more eligible people in prison. She says the state could eventually save hundreds of millions of dollars through safe resentencing.\u003c/p>\n\u003cp>For the People also has successfully pushed to pass similar laws in \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">Washington\u003c/a>, \u003ca href=\"https://www.oregonlive.com/politics/2021/06/bill-allowing-das-and-prisoners-to-ask-court-to-review-sentence-conviction-heads-to-governors-desk.html\">Oregon\u003c/a> and \u003ca href=\"https://www.thetelegraph.com/news/article/Illinois-passes-new-law-prohibiting-police-from-16317669.php'\">Illinois\u003c/a>.\u003c/p>\n\u003cp>It’s a rare good-news, bipartisan story in a policy area that’s historically been marked by bitter disagreement. Democratic state leaders have been pushing criminal justice reform in California in earnest for about a decade, following a lawsuit over state prison crowding that eventually led the U.S. Supreme Court to order the state to reduce the number of people locked up. But most of those reforms remain unpopular among law enforcement officials and Republican leaders.\u003c/p>\n\u003cp>While this program sounds like a natural fit for progressive prosecutors already committed to reform, it’s notable that it’s also being embraced by some more traditionally law-and-order DA’s offices — like the one in Yolo County, just west of Sacramento.\u003c/p>\n\u003cp>Jonathan Raven, the county’s chief deputy district attorney, has worked in law enforcement for 25 years. A decade ago, when Raven started working in this office, “we viewed every case as a nail,” he said.\u003c/p>\n\u003cp>“And if you have a nail with the tool, you’re going to use a hammer. And we realize now that they’re all there, all sorts of other tools in the box that we can use to achieve justice.”\u003c/p>\n\u003cp>The new law, Raven said, allows his office both to reconsider sentences that may have been too long from the start and to revisit cases in which people have demonstrated they’ve had a true personal transformation in prison.\u003c/p>\n\u003cp>Raven said his office always works with an eye to public safety and ensuring victims’ voices are part of the resentencing conversation. His office has so far resentenced nine people through the program, most of whom were immediately released, he said.\u003c/p>\n\u003cp>“It’s real stories and real people and real lives. And the thing about sentencing someone to prison — it’s a lot of power that we have, and there’s such an effect on so many people,” he said. “So it’s extremely satisfying to see someone who has earned an early release, you know, get out early.”\u003c/p>\n\u003cp>In Alwin Smith’s case, he walked free in July. He’s now back in Riverside County, working at a Costco and interning at a church, where he helps provide meals and showers to the homeless, and speaks to middle school students about his story.\u003c/p>\n\u003cp>In the long term, Smith said, he just wants to continue to help others.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"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": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"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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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"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.",
"airtime": "SAT 4pm-5pm",
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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
},
"link": "/podcasts/rightnowish",
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