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"content": "\u003cp>President Biden is in a tough place on immigration.\u003c/p>\n\u003cp>On the one side, he faces growing pressure from supporters who want his administration to stop turning away asylum-seekers — and to invest more political capital on creating a pathway to citizenship for the nation’s 11 million undocumented immigrants.\u003c/p>\n\u003cp>On the other side, critics want him to do more to stop what has turned into the largest wave of migrants arriving at the border in recent history, with border agents averaging 6,000 encounters with migrants every day last month. [pullquote size=\"medium\" align=\"right\" citation=\"Dylan Corbett, executive director of the Hope Border Institute\"]‘One of the most damaging legacies from the Trump administration is the goal posts were moved in such a way that we further limited the rights of asylum-seekers and migrants at the border.’[/pullquote]\u003c/p>\n\u003cp>It’s against this backdrop that Biden is set to give remarks on Monday to the nation’s largest Latino advocacy organization, UnidosUS. But some of Biden’s supporters hope his speech is directed more broadly to the American people — particularly to swing voters who are concerned about migration yet recognize the value of immigrants in their communities, and not just his base.\u003c/p>\n\u003cp>“This has to be a speech to suburban families, to rural families,” said Ali Noorani of the National Immigration Forum, “who are asking questions of, ‘OK, as a nation, are we going to be safe and secure under the Biden administration? And are we going to be able to treat the immigrants who I’ve come to know and love through church, through work, through school — are we going to treat them compassionately?’ ”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Noorani said Biden needs the backing of a much broader swath of Americans if he wants to build the support he needs to address immigration issues.\u003c/p>\n\u003ch3>Supporters Want More Action on Immigration Promises\u003c/h3>\n\u003cp>Since taking office, Biden has followed through on several campaign promises, including stopping construction on the border wall. He ended a Trump administration program that required asylum-seekers to remain in Mexico as they waited for their cases to be heard. And he created a task force to reunite immigrant children and parents who were separated at the U.S.-Mexico border.\u003c/p>\n\u003cp>But legislation to create a pathway to citizenship for the 11 million undocumented immigrants has gone almost nowhere. Smaller legislative packages that protected farmworkers and younger immigrants brought to the country illegally as children have also stalled.\u003c/p>\n\u003cp>Finding a way to protect those younger immigrants has become even more important to Biden’s supporters after a federal judge in Texas ruled this month that the program created to protect them was unconstitutional.\u003c/p>\n\u003cp>The administration has \u003ca href=\"https://www.npr.org/2021/07/16/987132269/federal-judge-rules-daca-unlawful-but-current-recipients-safe-for-now\" target=\"_blank\" rel=\"noopener noreferrer\">vowed to appeal the decision\u003c/a> and also supports efforts by Democratic lawmakers to try fold the issue into a massive budget reconciliation package this summer.\u003c/p>\n\u003cp>In the past week, however, Biden has twice questioned whether the Senate rules would allow such a move.\u003c/p>\n\u003ch3>Supporters Want the Asylum System Restored\u003c/h3>\n\u003cp>Biden’s prerecorded remarks to the virtual conference are not expected to be lengthy. And it’s unlikely he will address the fate of a Trump-era pandemic rule that has been kept in place, allowing his administration to quickly turn away tens of thousands of people seeking asylum.\u003c/p>\n\u003cp>That rule, known as Title 42, has angered some supporters who see it less as a public health measure and more of a convenient way to deter migration and keep political opponents at bay.\u003c/p>\n\u003cp>“One of the most damaging legacies from the Trump administration is the goal posts were moved in such a way that we further limited the rights of asylum-seekers and migrants at the border,” said Dylan Corbett, executive director of the Hope Border Institute.\u003c/p>\n\u003cp>“And if we don’t have the political courage to at least restore the modicum of rights that asylum-seekers have at the border, the moving of those goal posts and the eroding of those rights will be the new normal,” he said.\u003c/p>\n\u003ch3>Pandemic Relief Likely to Be a Focus\u003c/h3>\n\u003cp>Those attending the virtual conference will, of course, be interested in what Biden has to say about pandemic relief as well. The pandemic has had a disproportionate impact on Latino families, said Clarissa Martinez De Castro, deputy vice president of policy and advocacy at UnidosUS.[aside tag=\"immigration, migration\" label=\"More Related Stories\"] \u003c/p>\n\u003cp>“While immigration packs a powerful punch and it is incredibly important for Latinos, we care deeply about the economy and jobs,” Martinez said. “We care deeply about how we’re going to recover from the pandemic and about health care, particularly the cost of health care, and all of those things are interconnected and they also intersect with the most vulnerable among us who are immigrants and the undocumented.” \u003c/p>\n\u003cp>There are obvious political reasons to address the fastest-growing population in the country.\u003c/p>\n\u003cp>Matt Barreto, a Democratic pollster who advised the Biden campaign, said political parties need to engage with the community well ahead of elections, noting the large number of first-time voters who are Latino.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Because of that churn of new citizens and young people, you can’t take the Latino vote for granted,” he said.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Pressure+Is+Building+On+Biden+To+Do+More+For+Asylum-Seekers+And+Migrants&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>President Biden is in a tough place on immigration.\u003c/p>\n\u003cp>On the one side, he faces growing pressure from supporters who want his administration to stop turning away asylum-seekers — and to invest more political capital on creating a pathway to citizenship for the nation’s 11 million undocumented immigrants.\u003c/p>\n\u003cp>On the other side, critics want him to do more to stop what has turned into the largest wave of migrants arriving at the border in recent history, with border agents averaging 6,000 encounters with migrants every day last month. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s against this backdrop that Biden is set to give remarks on Monday to the nation’s largest Latino advocacy organization, UnidosUS. But some of Biden’s supporters hope his speech is directed more broadly to the American people — particularly to swing voters who are concerned about migration yet recognize the value of immigrants in their communities, and not just his base.\u003c/p>\n\u003cp>“This has to be a speech to suburban families, to rural families,” said Ali Noorani of the National Immigration Forum, “who are asking questions of, ‘OK, as a nation, are we going to be safe and secure under the Biden administration? And are we going to be able to treat the immigrants who I’ve come to know and love through church, through work, through school — are we going to treat them compassionately?’ ”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Noorani said Biden needs the backing of a much broader swath of Americans if he wants to build the support he needs to address immigration issues.\u003c/p>\n\u003ch3>Supporters Want More Action on Immigration Promises\u003c/h3>\n\u003cp>Since taking office, Biden has followed through on several campaign promises, including stopping construction on the border wall. He ended a Trump administration program that required asylum-seekers to remain in Mexico as they waited for their cases to be heard. And he created a task force to reunite immigrant children and parents who were separated at the U.S.-Mexico border.\u003c/p>\n\u003cp>But legislation to create a pathway to citizenship for the 11 million undocumented immigrants has gone almost nowhere. Smaller legislative packages that protected farmworkers and younger immigrants brought to the country illegally as children have also stalled.\u003c/p>\n\u003cp>Finding a way to protect those younger immigrants has become even more important to Biden’s supporters after a federal judge in Texas ruled this month that the program created to protect them was unconstitutional.\u003c/p>\n\u003cp>The administration has \u003ca href=\"https://www.npr.org/2021/07/16/987132269/federal-judge-rules-daca-unlawful-but-current-recipients-safe-for-now\" target=\"_blank\" rel=\"noopener noreferrer\">vowed to appeal the decision\u003c/a> and also supports efforts by Democratic lawmakers to try fold the issue into a massive budget reconciliation package this summer.\u003c/p>\n\u003cp>In the past week, however, Biden has twice questioned whether the Senate rules would allow such a move.\u003c/p>\n\u003ch3>Supporters Want the Asylum System Restored\u003c/h3>\n\u003cp>Biden’s prerecorded remarks to the virtual conference are not expected to be lengthy. And it’s unlikely he will address the fate of a Trump-era pandemic rule that has been kept in place, allowing his administration to quickly turn away tens of thousands of people seeking asylum.\u003c/p>\n\u003cp>That rule, known as Title 42, has angered some supporters who see it less as a public health measure and more of a convenient way to deter migration and keep political opponents at bay.\u003c/p>\n\u003cp>“One of the most damaging legacies from the Trump administration is the goal posts were moved in such a way that we further limited the rights of asylum-seekers and migrants at the border,” said Dylan Corbett, executive director of the Hope Border Institute.\u003c/p>\n\u003cp>“And if we don’t have the political courage to at least restore the modicum of rights that asylum-seekers have at the border, the moving of those goal posts and the eroding of those rights will be the new normal,” he said.\u003c/p>\n\u003ch3>Pandemic Relief Likely to Be a Focus\u003c/h3>\n\u003cp>Those attending the virtual conference will, of course, be interested in what Biden has to say about pandemic relief as well. The pandemic has had a disproportionate impact on Latino families, said Clarissa Martinez De Castro, deputy vice president of policy and advocacy at UnidosUS.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp> \u003c/p>\n\u003cp>“While immigration packs a powerful punch and it is incredibly important for Latinos, we care deeply about the economy and jobs,” Martinez said. “We care deeply about how we’re going to recover from the pandemic and about health care, particularly the cost of health care, and all of those things are interconnected and they also intersect with the most vulnerable among us who are immigrants and the undocumented.” \u003c/p>\n\u003cp>There are obvious political reasons to address the fastest-growing population in the country.\u003c/p>\n\u003cp>Matt Barreto, a Democratic pollster who advised the Biden campaign, said political parties need to engage with the community well ahead of elections, noting the large number of first-time voters who are Latino.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Because of that churn of new citizens and young people, you can’t take the Latino vote for granted,” he said.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Pressure+Is+Building+On+Biden+To+Do+More+For+Asylum-Seekers+And+Migrants&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"slug": "california-bill-aims-to-allow-removal-of-police-for-serious-misconduct",
"title": "California Bill Aims to Allow Removal of Police for Serious Misconduct",
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"content": "\u003cp>On a Wednesday afternoon in April 2018, Gardena police officers got a “triple beeper” over their radios — three high-pitched squawks signaling an emergency. As many as 20 shots reportedly had been fired near a local park.\u003c/p>\n\u003cp>“That kind of gets you a little adrenaline squirt going,” Gardena Police Officer Michael Robbins would later tell investigators.\u003c/p>\n\u003cp>In minutes, a 25-year-old Black man, Kenneth Ross Jr., was dead — shot twice and killed by Officer Robbins as he ran past Rowley Park. Police said a gun was found in the dead man’s shorts pocket, and Robbins would later be cleared by local authorities of any wrongdoing.\u003c/p>\n\u003cp>But the case was far from over.\u003c/p>\n\u003cp>What happened on April 11, 2018 — which led to immediate cries for police accountability and demonstrations — is now a centerpiece of a bill that is arguably California’s biggest criminal justice proposal this legislative session.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The bill would allow California to decertify police officers for misconduct — effectively stripping them of a license to work in law enforcement and kicking them out of the profession. California is one of only four states in the country without such power. As a result, a number of high-profile cases have been reported over the years where an officer involved in a questionable shooting was allowed to remain on the streets, only to kill again. Officers also have been fired for wrongdoing in one department, then quietly moved on to another agency.\u003c/p>\n\u003cp>“California is able to revoke the certification or license of bad doctors, bad lawyers, even bad barbers and cosmetologists — you can even recall an elected official — but is unable to decertify police officers who have broken the law and violated public trust,” state Sen. Steven Bradford said at a committee hearing earlier this year. Bradford, a Gardena Democrat who chairs the public safety committee and lives near where the shooting took place, introduced the bill along with state Senate President Pro Tem Toni Atkins.\u003c/p>\n\u003cp>In the Gardena shooting, local law enforcement — as it typically does in such cases — investigated the shooting. The \u003ca href=\"https://da.lacounty.gov/sites/default/files/pdf/JSID-OIS-05-2019-Ross.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">district attorney’s office cleared Robbins\u003c/a> of wrongdoing because it said the officer believed the man running away from him was armed and might reasonably have feared for his life\u003c/p>\n\u003cp>But criminal justice reform advocates say for too long police accountability has been solely in the hands of local agencies — police policing themselves. They question if the man Robbins shot in the back was truly a threat running away and point out it was the officer’s fourth shooting, suggesting he was too quick to use deadly force. [pullquote size=\"medium\" align=\"right\" citation=\"State Sen. Steven Bradford\"]‘This nation has cried out — especially in Black and brown communities — for change. [/pullquote]\u003c/p>\n\u003cp>Bradford’s bill is the latest effort to break through the wall of legal protections built up over the years that critics say shield California law enforcement officers from accountability. CalMatters was only able to obtain internal police reports and videos regarding the Gardena shooting because a 2018 law for the first time \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1421\" target=\"_blank\" rel=\"noopener noreferrer\">opened certain law enforcement records\u003c/a>, including files pertaining to use of deadly force and some misconduct. Another law that \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-california-department-justice-will-investigate-and-review\" target=\"_blank\" rel=\"noopener noreferrer\">went into effect\u003c/a> this year requires the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1506\" target=\"_blank\" rel=\"noopener noreferrer\">state attorneys general’s office to handle investigations\u003c/a> regarding police killings of unarmed civilians.\u003c/p>\n\u003cp>“This nation has cried out — especially in Black and brown communities — for change,” Bradford told CalMatters, ticking off a list of high-profile police killings and use-of-force incidents from Stephon Clark in Sacramento to Oscar Grant in Oakland to Rodney King in Los Angeles. “It’s definitely overdue.”\u003c/p>\n\u003cp>But there’s still work to be done, he added.\u003c/p>\n\u003cp>“It’s one thing to pass legislation. It’s another to change the mindset and internal training and operations of law enforcement,” Bradford said.\u003c/p>\n\u003cfigure id=\"attachment_11882424\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11882424\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-800x450.jpg\" alt=\"\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Demonstrators gather outside of the Vallejo Police Station after a march from City Hall on July 11, 2020 demanding justice for Sean Monterrosa. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>And his bill is far from certain, as police associations and chiefs from around the state have signaled their opposition.\u003c/p>\n\u003cp>“No one wants to see bad officers removed from law enforcement more than good officers do,” said Brian Marvel, president of the Peace Officers Research Association of California, in a statement to CalMatters.\u003c/p>\n\u003cp>“When an officer acts in a way that is grossly inconsistent with the missions and goals of our profession, it tarnishes the badge and the great work being done day in and day out by officers keeping our families and communities safe.”\u003c/p>\n\u003cp>But he added that the bill as written creates a “biased and unclear process for revoking an officer’s license.” [pullquote size=\"medium\" align=\"right\" citation=\"Brian Marvel, president of Peace Officers Research Association of California\"]‘No one wants to see bad officers removed from law enforcement more than good officers do.’[/pullquote]\u003c/p>\n\u003cp>The bill would create a new division within the state’s Commission on Peace Officer Standards and Training to investigate or review possible misconduct. A nine-member advisory board would consider the evidence and recommend whether to strip an officer of certification. The majority of that board would be civilians without policing experience, including four members who would be experts on “police accountability” and two who either personally suffered from an officer’s use of force or lost a loved one to such an incident. The commission would have final say on decertification, but language in the bill suggests they’d be expected to adopt the advisory board’s recommendations when reasonably supported by evidence.\u003c/p>\n\u003cp>As for what constitutes wrongdoing that could cost an officer their career, it’s unclear. The bill includes categories such as sexual assault and dishonesty but would leave it to the commission to develop a full definition of “serious misconduct” that also includes broader areas such as “abuse of power” and “physical abuse.” [aside tag=\"police, violence\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>“We all want to see a fair and transparent decertification system put in place that permanently removes officers for serious misconduct, but even with recent amendments (the bill) fails to create a balanced and even process,” said Abdul Pridgen, president of the California Police Chiefs Association, in an email to CalMatters. “However, we remain committed to continuing our work with the Governor’s office, legislative leaders, and Senator Bradford to address our remaining concerns and establish a decertification process we can all have faith in.”\u003c/p>\n\u003cp>Among the sticking points for the association is the makeup of the advisory board, the degree to which that board’s recommendations are binding and what will happen if a local department exonerates an officer but the state commission finds wrongdoing.\u003c/p>\n\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201920200SB731\" target=\"_blank\" rel=\"noopener noreferrer\">decertification bill\u003c/a> failed \u003ca href=\"https://calmatters.org/justice/2020/09/california-lawmakers-failed-to-enact-police-reform/\" target=\"_blank\" rel=\"noopener noreferrer\">last session\u003c/a>. The current bill made it out of the Senate but not without changes. The initial version had made it easier for civilians to sue officers for misconduct, but that language is largely gone.\u003c/p>\n\u003cp>More recent amendments reduce the role of the advisory board. Bradford’s spokesperson said those changes were made after working with the governor’s office and key lawmakers. The original bill gave the advisory board the power to direct the commission to investigate certain officers. The new version, however, simply says the board can recommend investigations. It also drops a licensing fee on officers. [pullquote size=\"medium\" align=\"right\" citation=\"Sheila Bates, Black Lives Matter Los Angeles\"]‘They’re trying to duck accountability time and time again.’[/pullquote]\u003c/p>\n\u003cp>\u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article252815333.html\" target=\"_blank\" rel=\"noopener noreferrer\">Police unions have been donating\u003c/a> to some Democratic lawmakers who could play a role in forcing further changes — news that prompted a sharp tweet from Sen. Bradford accusing opponents of trying to “kill solid policy.”\u003c/p>\n\u003cp>“If you can’t win on the merit of your argument, you resort to paying off legislators?? SHAMEFUL, BUT NOT SURPRISING!!,” he tweeted.\u003c/p>\n\u003cp>Advocates said they’re concerned powerful police associations will further weaken the bill.\u003c/p>\n\u003cp>“They’re trying to duck accountability time and time again,” said Sheila Bates, a member of the Black Lives Matter Los Angeles policy team and part of the coalition co-sponsoring the bill. “Had (Gardena Police Officer) Michael Robbins been held accountable the first, second or third time when he shot somebody, then Kenneth Ross Jr. might still be alive.”\u003c/p>\n\u003cp>Records from the shooting investigation show that as Officer Robbins got near the scene he saw other officers arriving and Ross, who matched the suspect’s description, running away. Robbins parked, grabbed his assault rifle and shouted for Ross to stop.\u003c/p>\n\u003cp>“You’re going to get shot,” Robbins yelled.\u003c/p>\n\u003cp>Video from his body-worn camera shows what happened next.\u003c/p>\n\u003cp>Standing behind the engine block of his squad car for cover, the barrel of Robbins’ rifle tracks Ross’ movement. Just after Ross crosses in front of Robbins’ position, maybe 100 feet away, the officer gives the trigger two quick taps. (“I gave him … a double tap that was just amazing, training just kicked in,” he told investigators later.) Ross falls to the ground dead.\u003c/p>\n\u003cp>It was the fourth time Robbins shot at someone in his nearly 30-year career, although his first shooting since the early 2000s, he later said.\u003c/p>\n\u003cp>The Gardena Police Department, which is currently facing a lawsuit over the shooting, declined an interview request. Attorneys representing the officer also did not comment for this story.\u003c/p>\n\u003cp>As for Robbins, the pending decertification bill likely wouldn’t affect him. He retired from the Gardena Police Department in July 2020 with the rank of sergeant, records show. But if future officers are kicked out of the profession, it will be because of a bill named after the man he killed.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Next month, lawmakers will be taking up the Kenneth Ross Jr. Police Decertification Act of 2021.\u003c/p>\n\n",
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"excerpt": "California is one of only four states without the power to decertify law enforcement officers from their jobs. Democrat lawmakers are trying to change that.",
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"title": "California Bill Aims to Allow Removal of Police for Serious Misconduct | KQED",
"description": "California is one of only four states without the power to decertify law enforcement officers from their jobs. Democrat lawmakers are trying to change that.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On a Wednesday afternoon in April 2018, Gardena police officers got a “triple beeper” over their radios — three high-pitched squawks signaling an emergency. As many as 20 shots reportedly had been fired near a local park.\u003c/p>\n\u003cp>“That kind of gets you a little adrenaline squirt going,” Gardena Police Officer Michael Robbins would later tell investigators.\u003c/p>\n\u003cp>In minutes, a 25-year-old Black man, Kenneth Ross Jr., was dead — shot twice and killed by Officer Robbins as he ran past Rowley Park. Police said a gun was found in the dead man’s shorts pocket, and Robbins would later be cleared by local authorities of any wrongdoing.\u003c/p>\n\u003cp>But the case was far from over.\u003c/p>\n\u003cp>What happened on April 11, 2018 — which led to immediate cries for police accountability and demonstrations — is now a centerpiece of a bill that is arguably California’s biggest criminal justice proposal this legislative session.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The bill would allow California to decertify police officers for misconduct — effectively stripping them of a license to work in law enforcement and kicking them out of the profession. California is one of only four states in the country without such power. As a result, a number of high-profile cases have been reported over the years where an officer involved in a questionable shooting was allowed to remain on the streets, only to kill again. Officers also have been fired for wrongdoing in one department, then quietly moved on to another agency.\u003c/p>\n\u003cp>“California is able to revoke the certification or license of bad doctors, bad lawyers, even bad barbers and cosmetologists — you can even recall an elected official — but is unable to decertify police officers who have broken the law and violated public trust,” state Sen. Steven Bradford said at a committee hearing earlier this year. Bradford, a Gardena Democrat who chairs the public safety committee and lives near where the shooting took place, introduced the bill along with state Senate President Pro Tem Toni Atkins.\u003c/p>\n\u003cp>In the Gardena shooting, local law enforcement — as it typically does in such cases — investigated the shooting. The \u003ca href=\"https://da.lacounty.gov/sites/default/files/pdf/JSID-OIS-05-2019-Ross.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">district attorney’s office cleared Robbins\u003c/a> of wrongdoing because it said the officer believed the man running away from him was armed and might reasonably have feared for his life\u003c/p>\n\u003cp>But criminal justice reform advocates say for too long police accountability has been solely in the hands of local agencies — police policing themselves. They question if the man Robbins shot in the back was truly a threat running away and point out it was the officer’s fourth shooting, suggesting he was too quick to use deadly force. \u003c/p>\u003c/div>",
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"content": "‘This nation has cried out — especially in Black and brown communities — for change. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bradford’s bill is the latest effort to break through the wall of legal protections built up over the years that critics say shield California law enforcement officers from accountability. CalMatters was only able to obtain internal police reports and videos regarding the Gardena shooting because a 2018 law for the first time \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1421\" target=\"_blank\" rel=\"noopener noreferrer\">opened certain law enforcement records\u003c/a>, including files pertaining to use of deadly force and some misconduct. Another law that \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-california-department-justice-will-investigate-and-review\" target=\"_blank\" rel=\"noopener noreferrer\">went into effect\u003c/a> this year requires the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1506\" target=\"_blank\" rel=\"noopener noreferrer\">state attorneys general’s office to handle investigations\u003c/a> regarding police killings of unarmed civilians.\u003c/p>\n\u003cp>“This nation has cried out — especially in Black and brown communities — for change,” Bradford told CalMatters, ticking off a list of high-profile police killings and use-of-force incidents from Stephon Clark in Sacramento to Oscar Grant in Oakland to Rodney King in Los Angeles. “It’s definitely overdue.”\u003c/p>\n\u003cp>But there’s still work to be done, he added.\u003c/p>\n\u003cp>“It’s one thing to pass legislation. It’s another to change the mindset and internal training and operations of law enforcement,” Bradford said.\u003c/p>\n\u003cfigure id=\"attachment_11882424\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11882424\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-800x450.jpg\" alt=\"\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/RS43961_040_KQED_Vallejo_SeanMonterrosa_07112020-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Demonstrators gather outside of the Vallejo Police Station after a march from City Hall on July 11, 2020 demanding justice for Sean Monterrosa. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>And his bill is far from certain, as police associations and chiefs from around the state have signaled their opposition.\u003c/p>\n\u003cp>“No one wants to see bad officers removed from law enforcement more than good officers do,” said Brian Marvel, president of the Peace Officers Research Association of California, in a statement to CalMatters.\u003c/p>\n\u003cp>“When an officer acts in a way that is grossly inconsistent with the missions and goals of our profession, it tarnishes the badge and the great work being done day in and day out by officers keeping our families and communities safe.”\u003c/p>\n\u003cp>But he added that the bill as written creates a “biased and unclear process for revoking an officer’s license.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The bill would create a new division within the state’s Commission on Peace Officer Standards and Training to investigate or review possible misconduct. A nine-member advisory board would consider the evidence and recommend whether to strip an officer of certification. The majority of that board would be civilians without policing experience, including four members who would be experts on “police accountability” and two who either personally suffered from an officer’s use of force or lost a loved one to such an incident. The commission would have final say on decertification, but language in the bill suggests they’d be expected to adopt the advisory board’s recommendations when reasonably supported by evidence.\u003c/p>\n\u003cp>As for what constitutes wrongdoing that could cost an officer their career, it’s unclear. The bill includes categories such as sexual assault and dishonesty but would leave it to the commission to develop a full definition of “serious misconduct” that also includes broader areas such as “abuse of power” and “physical abuse.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We all want to see a fair and transparent decertification system put in place that permanently removes officers for serious misconduct, but even with recent amendments (the bill) fails to create a balanced and even process,” said Abdul Pridgen, president of the California Police Chiefs Association, in an email to CalMatters. “However, we remain committed to continuing our work with the Governor’s office, legislative leaders, and Senator Bradford to address our remaining concerns and establish a decertification process we can all have faith in.”\u003c/p>\n\u003cp>Among the sticking points for the association is the makeup of the advisory board, the degree to which that board’s recommendations are binding and what will happen if a local department exonerates an officer but the state commission finds wrongdoing.\u003c/p>\n\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201920200SB731\" target=\"_blank\" rel=\"noopener noreferrer\">decertification bill\u003c/a> failed \u003ca href=\"https://calmatters.org/justice/2020/09/california-lawmakers-failed-to-enact-police-reform/\" target=\"_blank\" rel=\"noopener noreferrer\">last session\u003c/a>. The current bill made it out of the Senate but not without changes. The initial version had made it easier for civilians to sue officers for misconduct, but that language is largely gone.\u003c/p>\n\u003cp>More recent amendments reduce the role of the advisory board. Bradford’s spokesperson said those changes were made after working with the governor’s office and key lawmakers. The original bill gave the advisory board the power to direct the commission to investigate certain officers. The new version, however, simply says the board can recommend investigations. It also drops a licensing fee on officers. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article252815333.html\" target=\"_blank\" rel=\"noopener noreferrer\">Police unions have been donating\u003c/a> to some Democratic lawmakers who could play a role in forcing further changes — news that prompted a sharp tweet from Sen. Bradford accusing opponents of trying to “kill solid policy.”\u003c/p>\n\u003cp>“If you can’t win on the merit of your argument, you resort to paying off legislators?? SHAMEFUL, BUT NOT SURPRISING!!,” he tweeted.\u003c/p>\n\u003cp>Advocates said they’re concerned powerful police associations will further weaken the bill.\u003c/p>\n\u003cp>“They’re trying to duck accountability time and time again,” said Sheila Bates, a member of the Black Lives Matter Los Angeles policy team and part of the coalition co-sponsoring the bill. “Had (Gardena Police Officer) Michael Robbins been held accountable the first, second or third time when he shot somebody, then Kenneth Ross Jr. might still be alive.”\u003c/p>\n\u003cp>Records from the shooting investigation show that as Officer Robbins got near the scene he saw other officers arriving and Ross, who matched the suspect’s description, running away. Robbins parked, grabbed his assault rifle and shouted for Ross to stop.\u003c/p>\n\u003cp>“You’re going to get shot,” Robbins yelled.\u003c/p>\n\u003cp>Video from his body-worn camera shows what happened next.\u003c/p>\n\u003cp>Standing behind the engine block of his squad car for cover, the barrel of Robbins’ rifle tracks Ross’ movement. Just after Ross crosses in front of Robbins’ position, maybe 100 feet away, the officer gives the trigger two quick taps. (“I gave him … a double tap that was just amazing, training just kicked in,” he told investigators later.) Ross falls to the ground dead.\u003c/p>\n\u003cp>It was the fourth time Robbins shot at someone in his nearly 30-year career, although his first shooting since the early 2000s, he later said.\u003c/p>\n\u003cp>The Gardena Police Department, which is currently facing a lawsuit over the shooting, declined an interview request. Attorneys representing the officer also did not comment for this story.\u003c/p>\n\u003cp>As for Robbins, the pending decertification bill likely wouldn’t affect him. He retired from the Gardena Police Department in July 2020 with the rank of sergeant, records show. But if future officers are kicked out of the profession, it will be because of a bill named after the man he killed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Next month, lawmakers will be taking up the Kenneth Ross Jr. Police Decertification Act of 2021.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california",
"title": "New State Funding Boosts Prosecutor-Led Resentencing Efforts in California",
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"headTitle": "New State Funding Boosts Prosecutor-Led Resentencing Efforts in California | KQED",
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"content": "\u003cp>A new state-funded program encourages district attorneys to resentence some incarcerated people serving long prison terms that many now consider excessive.\u003c/p>\n\u003cp>Nine DAs throughout California — including those in San Francisco, Santa Clara and Contra Costa counties — will receive a portion of an $18 million pot earmarked in the recently approved state budget to help identify inmates who are no longer deemed a public safety risk, but still have years left behind bars.\u003c/p>\n\u003cp>“Most prosecutors agree that if a person has transformed their life and there’s no justification for having them incarcerated, then they should be out,” said Hillary Blout, executive director of \u003ca href=\"https://www.fortheppl.org/\">For The People\u003c/a>, a sentencing reform group that is working with the DAs to help identify eligible inmates.\u003c/p>\n\u003cp>“That prosecutor can bring the case back to the court and essentially say, ‘Your honor, our agency asked you to send this person away and we’re here now asking you to send this person home,’ ” Blout said.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Hillary Blout, executive director of For The People\"]‘Most prosecutors agree that if a person has transformed their life and there’s no justification for having them incarcerated, then they should be out.’[/pullquote]The funding is intended to implement \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">Assembly Bill 2942\u003c/a>, a 2018 law that Blout helped draft, which allows district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences — including for people convicted of violent crimes years ago.\u003c/p>\n\u003cp>Some 75 incarcerated people in California have so far been resentenced under the law, according to Blout. In most cases, it’s led to their near-immediate release from prison and reentry back into their communities on parole.\u003c/p>\n\u003cp>That includes about 50 people from San Francisco alone, according to Arcelia Hurtado, chief of the post-conviction unit in the San Francisco DA’s Office. She said her staff is working with the Public Defender’s Office and community groups to review the sentences of the nearly 200 people from San Francisco who have already served over 20 years — about a third of the current prison population from the city. Some of those cases, she added, are women who committed violent crimes against their abusers.\u003c/p>\n\u003cp>“Many years ago, courts just didn’t hear that information or just didn’t give it proper weight,” Hurtado said, noting that her office will likely use the new state funding to hire a dedicated team to review the cases and develop a strong reentry program for people who are released.\u003c/p>\n\u003cp>[ad fullwidth]The state’s investment in the program signals a shift away from the harsh sentencing policies of past decades, when laws like mandatory minimums and three strikes sparked an explosion in the prison population, mushrooming from about 50,000 inmates in 1985 to a peak of 173,000 in 2006.\u003c/p>\n\u003cp>“Our legacy in California has not been a great one in terms of our investment in building prisons and then filling them with people,” Blout said, noting the disproportionate impact that’s had on people of color.\u003c/p>\n\u003cp>But in recent years, the state has advanced a slew of criminal justice reforms aimed at reducing the prison population.\u003c/p>\n\u003cp>“But by and large, with all of those efforts, it historically had been prosecutors that were seen as the barrier to really being able to see the promise of these initiatives,” said Blout, who worked for years as a prosecutor in the San Francisco DA’s Office. “I think that if we’re ever going to get our system to a place where we are effectively implementing all of the different laws at our disposal, we have to have one of the most powerful actors in the criminal justice system involved, and that’s prosecutors.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://omny.fm/shows/kqed-segmented-audio/bay-area-counties-participate-in-pilot-program-to/embed?style=cover\" frameborder=\"0\" width=\"100%\" height=\"180\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The nine DA’s offices in the pilot program, which also include Los Angeles, Merced, San Diego, Humboldt, Riverside and Yolo counties, were chosen to reflect California’s diverse geography and demographics, Blout said, and to show that the model can be applied across the state and the country. In just the last year, two other states — \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> — have followed California’s lead, passing similar resentencing laws. Washington State \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">passed its own version\u003c/a> in 2020.\u003c/p>\n\u003cp>After AB 2942 went into effect in 2019, Blout’s organization began working directly with the Santa Clara County District Attorney’s Office to begin reviewing cases and develop risk-assessment protocols.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"criminal-justice-reform\"]\u003ca href=\"https://www.mercurynews.com/2021/05/08/see-the-chapters-that-still-have-to-be-written-san-jose-mans-redemption-held-up-as-testament-to-landmark-prison-reform-law/\">Kennard Love\u003c/a>, from San Jose, was one of the inmates who quickly rose to the top of the list of eligible participants. In 2007, at the age of 19, he was convicted of multiple armed robberies and sentenced to 28 years in prison.\u003c/p>\n\u003cp>At San Quentin State Prison, he earned associate’s degrees in business, behavioral and social science, and math and joined \u003ca href=\"https://thelastmile.org/\">The Last Mile\u003c/a> program, which teaches computer coding to prisoners.\u003c/p>\n\u003cp>Working with Silicon Valley De-Bug, a criminal justice reform organization that helps support incarcerated people, Blout’s group advocated for Love, and in December 2020, the Santa Clara DA’s Office recommended to a court that he be resentenced. Within days, he walked out prison, on parole.\u003c/p>\n\u003cp>“He decided to make a change in his life,” said Santa Clara County District Attorney Jeffrey Rosen, who oversaw the resentencing effort. “I want to reward and incentivize other inmates to make that change, because that change is good for them and it’s good for our community, because somebody who’s now not a criminal, not robbing, not stealing means that there are fewer crime victims.”\u003c/p>\n\u003cp>Rosen’s office has successfully petitioned to have 12 people resentenced since 2019 – a relatively modest figure that he said reflects the time it takes to carefully evaluate cases and do thorough risk assessments to guarantee public safety. And despite the inherently politically fraught business of releasing people from prison early, particularly those convicted of violent offenses, Rosen said he hasn’t yet faced much pushback.\u003c/p>\n\u003cp>“Of course, this isn’t something we do lightly. We talk to victims’ families,” Rosen said. “And sometimes victims are very supportive of the early release. Sometimes they don’t care so much one way or another, they’ve moved on. And sometimes they’re concerned. I haven’t had a victim say, ‘Oh, absolutely not. That person should rot in prison forever.’ ”\u003c/p>\n\u003cp>The resentencing program, Rosen added, is a validation of his job as a prosecutor.\u003c/p>\n\u003cp>“Our commitment is to do justice. And it doesn’t end after the conviction,” he said. “And while there certainly are cases we prosecuted where we think a person was not sentenced to enough time in prison, certainly we must acknowledge that there’s cases where someone was sentenced to too long in prison. And this law is an opportunity for us to redress that and to provide a fuller justice.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "The funding is intended to implement a 2018 state law allowing district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new state-funded program encourages district attorneys to resentence some incarcerated people serving long prison terms that many now consider excessive.\u003c/p>\n\u003cp>Nine DAs throughout California — including those in San Francisco, Santa Clara and Contra Costa counties — will receive a portion of an $18 million pot earmarked in the recently approved state budget to help identify inmates who are no longer deemed a public safety risk, but still have years left behind bars.\u003c/p>\n\u003cp>“Most prosecutors agree that if a person has transformed their life and there’s no justification for having them incarcerated, then they should be out,” said Hillary Blout, executive director of \u003ca href=\"https://www.fortheppl.org/\">For The People\u003c/a>, a sentencing reform group that is working with the DAs to help identify eligible inmates.\u003c/p>\n\u003cp>“That prosecutor can bring the case back to the court and essentially say, ‘Your honor, our agency asked you to send this person away and we’re here now asking you to send this person home,’ ” Blout said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The funding is intended to implement \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">Assembly Bill 2942\u003c/a>, a 2018 law that Blout helped draft, which allows district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences — including for people convicted of violent crimes years ago.\u003c/p>\n\u003cp>Some 75 incarcerated people in California have so far been resentenced under the law, according to Blout. In most cases, it’s led to their near-immediate release from prison and reentry back into their communities on parole.\u003c/p>\n\u003cp>That includes about 50 people from San Francisco alone, according to Arcelia Hurtado, chief of the post-conviction unit in the San Francisco DA’s Office. She said her staff is working with the Public Defender’s Office and community groups to review the sentences of the nearly 200 people from San Francisco who have already served over 20 years — about a third of the current prison population from the city. Some of those cases, she added, are women who committed violent crimes against their abusers.\u003c/p>\n\u003cp>“Many years ago, courts just didn’t hear that information or just didn’t give it proper weight,” Hurtado said, noting that her office will likely use the new state funding to hire a dedicated team to review the cases and develop a strong reentry program for people who are released.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The state’s investment in the program signals a shift away from the harsh sentencing policies of past decades, when laws like mandatory minimums and three strikes sparked an explosion in the prison population, mushrooming from about 50,000 inmates in 1985 to a peak of 173,000 in 2006.\u003c/p>\n\u003cp>“Our legacy in California has not been a great one in terms of our investment in building prisons and then filling them with people,” Blout said, noting the disproportionate impact that’s had on people of color.\u003c/p>\n\u003cp>But in recent years, the state has advanced a slew of criminal justice reforms aimed at reducing the prison population.\u003c/p>\n\u003cp>“But by and large, with all of those efforts, it historically had been prosecutors that were seen as the barrier to really being able to see the promise of these initiatives,” said Blout, who worked for years as a prosecutor in the San Francisco DA’s Office. “I think that if we’re ever going to get our system to a place where we are effectively implementing all of the different laws at our disposal, we have to have one of the most powerful actors in the criminal justice system involved, and that’s prosecutors.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://omny.fm/shows/kqed-segmented-audio/bay-area-counties-participate-in-pilot-program-to/embed?style=cover\" frameborder=\"0\" width=\"100%\" height=\"180\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The nine DA’s offices in the pilot program, which also include Los Angeles, Merced, San Diego, Humboldt, Riverside and Yolo counties, were chosen to reflect California’s diverse geography and demographics, Blout said, and to show that the model can be applied across the state and the country. In just the last year, two other states — \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> — have followed California’s lead, passing similar resentencing laws. Washington State \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">passed its own version\u003c/a> in 2020.\u003c/p>\n\u003cp>After AB 2942 went into effect in 2019, Blout’s organization began working directly with the Santa Clara County District Attorney’s Office to begin reviewing cases and develop risk-assessment protocols.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://www.mercurynews.com/2021/05/08/see-the-chapters-that-still-have-to-be-written-san-jose-mans-redemption-held-up-as-testament-to-landmark-prison-reform-law/\">Kennard Love\u003c/a>, from San Jose, was one of the inmates who quickly rose to the top of the list of eligible participants. In 2007, at the age of 19, he was convicted of multiple armed robberies and sentenced to 28 years in prison.\u003c/p>\n\u003cp>At San Quentin State Prison, he earned associate’s degrees in business, behavioral and social science, and math and joined \u003ca href=\"https://thelastmile.org/\">The Last Mile\u003c/a> program, which teaches computer coding to prisoners.\u003c/p>\n\u003cp>Working with Silicon Valley De-Bug, a criminal justice reform organization that helps support incarcerated people, Blout’s group advocated for Love, and in December 2020, the Santa Clara DA’s Office recommended to a court that he be resentenced. Within days, he walked out prison, on parole.\u003c/p>\n\u003cp>“He decided to make a change in his life,” said Santa Clara County District Attorney Jeffrey Rosen, who oversaw the resentencing effort. “I want to reward and incentivize other inmates to make that change, because that change is good for them and it’s good for our community, because somebody who’s now not a criminal, not robbing, not stealing means that there are fewer crime victims.”\u003c/p>\n\u003cp>Rosen’s office has successfully petitioned to have 12 people resentenced since 2019 – a relatively modest figure that he said reflects the time it takes to carefully evaluate cases and do thorough risk assessments to guarantee public safety. And despite the inherently politically fraught business of releasing people from prison early, particularly those convicted of violent offenses, Rosen said he hasn’t yet faced much pushback.\u003c/p>\n\u003cp>“Of course, this isn’t something we do lightly. We talk to victims’ families,” Rosen said. “And sometimes victims are very supportive of the early release. Sometimes they don’t care so much one way or another, they’ve moved on. And sometimes they’re concerned. I haven’t had a victim say, ‘Oh, absolutely not. That person should rot in prison forever.’ ”\u003c/p>\n\u003cp>The resentencing program, Rosen added, is a validation of his job as a prosecutor.\u003c/p>\n\u003cp>“Our commitment is to do justice. And it doesn’t end after the conviction,” he said. “And while there certainly are cases we prosecuted where we think a person was not sentenced to enough time in prison, certainly we must acknowledge that there’s cases where someone was sentenced to too long in prison. And this law is an opportunity for us to redress that and to provide a fuller justice.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A couple whose gender reveal ceremony sparked a Southern California wildfire that \u003ca href=\"https://www.npr.org/2020/09/18/914368098/a-firefighter-is-killed-in-california-wildfire-sparked-by-gender-reveal-party\">killed a firefighter\u003c/a> last year were charged with involuntary manslaughter, authorities announced Tuesday.\u003c/p>\n\u003cp>Refugio Manuel Jimenez Jr. and Angela Renee Jimenez pleaded not guilty Monday to charges involving the El Dorado Fire, San Bernardino County District Attorney Jason Anderson announced at a news conference.\u003c/p>\n\u003cp>The charges included one felony count of involuntary manslaughter, along with other felony and misdemeanor counts related to the fire.\u003c/p>\n\u003cp>The El Dorado Fire erupted on Sept. 5 when the couple and their young children staged a baby gender reveal at El Dorado Ranch Park in Yucaipa, at the foot of the San Bernardino Mountains.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A smoke-generating pyrotechnic device was set off in a field and quickly ignited dry grass on a scorching day. The couple frantically tried to use bottled water to douse the flames and called 911, authorities said.\u003c/p>\n\u003cp>Strong winds stoked the fire as it ran through wilderness on national forest land, about 75 miles east of Los Angeles.\u003c/p>\n\u003cp>Extremely dry conditions and heat waves tied to \u003ca href=\"https://www.npr.org/2020/09/11/911847159/how-climate-change-affects-wildfires\">climate change have made wildfires harder to fight\u003c/a>. Climate change has made the West much warmer and drier in the past 30 years and will continue to make weather more extreme and wildfires more frequent and destructive.\u003c/p>\n\u003cfigure id=\"attachment_11881941\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11881941\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut.jpg\" alt=\"\" width=\"1920\" height=\"1277\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A photograph of fallen Big Bear Interagency Hotshot Charles Morton, a firefighter who was killed battling the El Dorado wildfire, is displayed at his memorial service on Sept. 25, 2020 in San Bernardino. \u003ccite>(Mario Tama/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On Sept. 17, flames overran a remote area where firefighters were cutting fire breaks, killing Charles Morton, the 39-year-old leader of the elite Big Bear Interagency Hotshot Squad. Morton had worked as a firefighter for 18 years, mostly with the U.S. Forest Service.\u003c/p>\n\u003cp>The blaze injured 13 other people and forced the evacuations of hundreds of residents in small communities in the San Bernardino National Forest area. It destroyed five homes and 15 other buildings.\u003c/p>\n\u003cp>The blaze blackened nearly 36 square miles of land in San Bernardino and Riverside counties before it was contained on Nov. 16.\u003c/p>\n\u003cp>The fire was one of thousands during a record-breaking wildfire season in California that charred more than 4% of the state while destroying nearly 10,500 buildings and killing 33 people.\u003c/p>\n\u003cp>The couple were released on their own recognizance pending a Sept. 15 court date.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A couple whose gender reveal ceremony sparked a Southern California wildfire that \u003ca href=\"https://www.npr.org/2020/09/18/914368098/a-firefighter-is-killed-in-california-wildfire-sparked-by-gender-reveal-party\">killed a firefighter\u003c/a> last year were charged with involuntary manslaughter, authorities announced Tuesday.\u003c/p>\n\u003cp>Refugio Manuel Jimenez Jr. and Angela Renee Jimenez pleaded not guilty Monday to charges involving the El Dorado Fire, San Bernardino County District Attorney Jason Anderson announced at a news conference.\u003c/p>\n\u003cp>The charges included one felony count of involuntary manslaughter, along with other felony and misdemeanor counts related to the fire.\u003c/p>\n\u003cp>The El Dorado Fire erupted on Sept. 5 when the couple and their young children staged a baby gender reveal at El Dorado Ranch Park in Yucaipa, at the foot of the San Bernardino Mountains.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A smoke-generating pyrotechnic device was set off in a field and quickly ignited dry grass on a scorching day. The couple frantically tried to use bottled water to douse the flames and called 911, authorities said.\u003c/p>\n\u003cp>Strong winds stoked the fire as it ran through wilderness on national forest land, about 75 miles east of Los Angeles.\u003c/p>\n\u003cp>Extremely dry conditions and heat waves tied to \u003ca href=\"https://www.npr.org/2020/09/11/911847159/how-climate-change-affects-wildfires\">climate change have made wildfires harder to fight\u003c/a>. Climate change has made the West much warmer and drier in the past 30 years and will continue to make weather more extreme and wildfires more frequent and destructive.\u003c/p>\n\u003cfigure id=\"attachment_11881941\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11881941\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut.jpg\" alt=\"\" width=\"1920\" height=\"1277\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-1020x678.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50314_GettyImages-1276696874-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A photograph of fallen Big Bear Interagency Hotshot Charles Morton, a firefighter who was killed battling the El Dorado wildfire, is displayed at his memorial service on Sept. 25, 2020 in San Bernardino. \u003ccite>(Mario Tama/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On Sept. 17, flames overran a remote area where firefighters were cutting fire breaks, killing Charles Morton, the 39-year-old leader of the elite Big Bear Interagency Hotshot Squad. Morton had worked as a firefighter for 18 years, mostly with the U.S. Forest Service.\u003c/p>\n\u003cp>The blaze injured 13 other people and forced the evacuations of hundreds of residents in small communities in the San Bernardino National Forest area. It destroyed five homes and 15 other buildings.\u003c/p>\n\u003cp>The blaze blackened nearly 36 square miles of land in San Bernardino and Riverside counties before it was contained on Nov. 16.\u003c/p>\n\u003cp>The fire was one of thousands during a record-breaking wildfire season in California that charred more than 4% of the state while destroying nearly 10,500 buildings and killing 33 people.\u003c/p>\n\u003cp>The couple were released on their own recognizance pending a Sept. 15 court date.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Hundreds of thousands of immigrants in the U.S. are in limbo, after U.S. District Judge Andrew Hanen ruled last Friday against the Deferred Action for Childhood Arrivals (DACA) program launched in 2012 by former President Barack Obama. The program provides temporary protection from deportation, and work authorization, to undocumented immigrants who came to the U.S. as children. Hanen, based in Texas, argued that DACA was created illegally.\u003c/p>\n\u003cp>The decision does not end legal protections for the roughly 616,000 current DACA participants. However, the legal decision does suspend approvals of new applications and leaves the door open for DACA to be terminated in the future.\u003c/p>\n\u003cp>President Biden has \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/17/statement-by-president-joe-biden-on-daca-and-legislation-for-dreamers/\" target=\"_blank\" rel=\"noopener noreferrer\">pledged to appeal the ruling\u003c/a> and called on Congress to protect so-called Dreamers and create a path to citizenship for millions of people who lack legal status in the United States.\u003c/p>\n\u003cp>On July 19, KQED Forum host Mina Kim spoke with the following guests to get an overview of the legal decision and what happens next, and also to hear from immigrants who could be affected:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"https://polisci.ucsd.edu/people/faculty/faculty-directory/currently-active-faculty/wong-profile.html\">Tom K. Wong\u003c/a>, \u003c/strong>associate professor of political science and founding director of the U.S. Immigration Policy Center at UC San Diego.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"https://www.borderangels.org/dulce-garcia.html\">Dulce García\u003c/a>, \u003c/strong>immigration attorney, executive director of Border Angels and a DACA recipient.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"https://immigrantsrising.org/story/denea-joseph-i-am-my-grandmothers-child/\">Denea Joseph\u003c/a>, \u003c/strong>immigrants rights advocate and DACA recipient.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"https://immigrantsrising.org/leadership-council/ju-hong/\">Ju Hong\u003c/a>, \u003c/strong>DACA recipient and member of Immigrants Rising, an organization that helps undocumented young people achieve educational and career goals.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>The following interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003ch3>Understanding the Ruling\u003c/h3>\n\u003cp>\u003cem>What was the basis Judge Andrew Hanen used in ruling that the creation of DACA was unlawful?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Tom K. Wong\u003c/strong>: Judge Hanen ruled that DACA is unlawful because the creation of DACA violated the Administrative Procedure Act (APA), which requires public comment before changing policy.\u003c/p>\n\u003cp>The ruling by Hanen based on the APA is a bit ironic because the last several years of the battle over DACA in the courts saw DACA being preserved mostly because of the APA as well. The Trump administration tried to end (DACA). DACA advocates [then] made a legal argument that the way that the Trump administration tried to end DACA violated the APA. Therefore, district courts all the way up to the Supreme Court said that DACA should stay. And now we have Judge Hanen relying on the same Administrative Procedure Act to essentially rule that DACA is illegal.\u003c/p>\n\u003cp>\u003cem>What is the immediate impact of this decision?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Tom K. Wong\u003c/strong>: The immediate impact is already being felt. Those who are first-time applicants, they should have received text notification from USCIS saying that biometrics appointments are now canceled. So part of applying for DACA not only includes a paper application, but once that's received by U.S. Citizenship and Immigration Services (USCIS), then individuals go in for biometrics, for example, to provide their fingerprints. So those appointments are already being canceled.\u003c/p>\n\u003cp>For the approximately 600,000 active DACA recipients, this means more uncertainty and more limbo. We essentially had four years of uncertainty over DACA under the Trump administration. And this particular ruling — although it does not say that current active DACA recipients will lose their status — adds to the sort of uncertainty that the recipients are living with on a day to day [basis] and makes more vivid the importance of a permanent legislative solution for not just DACA recipients, but for undocumented immigrants more generally.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>The Experiences of DACA Recipients\u003c/h3>\n\u003cp>\u003cem>What was your reaction to the ruling?\u003c/em>\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ju Hong, DACA recipient and member of Immigrants Rising\"]'I'm really tired and I cannot live like this anymore with this fear ... I'm 31 years old and I want to have peace of mind.'[/pullquote]\u003cstrong>Ju Hong: \u003c/strong> When I heard the news, I was devastated and frustrated and honestly, I was sick and tired. I was tired of hearing this news all over again. I just had to let out the frustration with other DACA recipients who are applying for it, and they all felt frustrated and angry, and this gave another affirmation that DACA is temporary and we cannot live in this limbo every two years.\u003c/p>\n\u003cp>Honestly, I'm really tired and I cannot live like this anymore with this fear and this anxiety and the stress, I think enough is enough. I've had DACA since 2012. I've been undocumented since 2001. And I'm 31 years old and I want to have peace of mind and live a normal life.\u003c/p>\n\u003cp>\u003cstrong>Dulce García:\u003c/strong> Sad, tired, frustrated and exhausted. All of these attacks in our communities have taken a toll on us physically and emotionally. The last few years have been very difficult. We were physically at the steps of the Supreme Court and we celebrated a victory last year when we received the opinion of the Supreme Court.\u003c/p>\n\u003cp>We thought with the change of administration, perhaps there was new hope renewed. This takes us back. It's unbelievable that we're in this place yet again where our livelihoods are compromised, where the uncertainty is still there and our lives are still very much in limbo.\u003c/p>\n\u003cp>DACA allowed so many of us to apply for opportunities we never even imagined. As an attorney, I'm able to step into ... immigration courts and represent clients.\u003c/p>\n\u003cp>\u003cem>What are the impacts that are often less known on DACA recipients?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Dulce García:\u003c/strong> The emotional toll that we have every time that we have to send our application, and hope that it gets processed in time before we lose our jobs, is a big one. When I applied in 2014, I was hesitant. I didn't trust the government. I wasn't sure whether it would be approved and we would be turning over all of our information, that on its own is a little bit scary to apply for the first time.\u003c/p>\n\u003cp>I understand why some folks hesitated to apply. Once you apply, we know that the program can be destroyed at any moment, as it was during the Trump administration.\u003c/p>\n\u003cp>When I applied in 2014, they told me it would be political suicide for anyone to attack the program. Yet here we are. Where not only the prior administration attacked it and we had to step up and sue the federal government ourselves, but now the state of Texas is doing its own lawsuit and we don't know what's going to happen with the program yet.\u003c/p>\n\u003cfigure id=\"attachment_11881810\" class=\"wp-caption alignnone\" style=\"max-width: 2560px\">\u003cimg class=\"size-full wp-image-11881810\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-scaled.jpg\" alt=\"Two people wearing facemasks hold up signs that say, 'Immigrant rights are human rights!' and 'No human is illegal. Protect DACA.'\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Jasmine Parish Moreno, 20, and Fiama Vilagrana-Ocasio, 20, participate in a demonstration outside of the U.S. District Courthouse on July 19, 2021 in Houston, Texas. \u003ccite>(Brandon Bell/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>Possible Paths Forward\u003c/h3>\n\u003cp>\u003cem>Why was DACA was established the way it was in 2012?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Tom K. Wong:\u003c/strong> If folks think back to 2010, the DREAM Act was in Congress. It narrowly failed, not because of Republicans who typically are opposed to legal status for undocumented immigrants, but because the Democratic caucus couldn't hold the line. And so the failure of the DREAM Act in 2010, followed by a looming reelection of President Obama in early 2012, combined with potential Republican DREAM Act legislation being introduced by then-Republican presidential hopeful Marco Rubio. That was the political backdrop for the announcement of DACA.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='immigration'][Budget reconciliation] seems to be the most viable path forward right now. We know that there are 50 Democrats in the Senate and 50 Republicans. With Vice President (Kamala) Harris being the tiebreaker. The filibuster makes it difficult to imagine getting 60 votes, which is needed to invoke cloture, which ends a filibuster. So it's hard to imagine 60 votes for something like legal status, even for undocumented young people.\u003c/p>\n\u003cp>If we're going to see any action from Congress on immigration, [we should look for] something before the end of summer, before August recess, or if there is some kind of continuing resolution which kind of punts the ball a few months down the road, then the next opportunity would be in fall.\u003c/p>\n\u003cp>\u003cem>To get something into a budget reconciliation bill, you're required to show that DACA has more than incidental budgetary impact. What's the status of that? Is there a strong argument there?\u003c/em>\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Tom K. Wong, U.S. Immigration Policy Center at UC San Diego\"]'DACA recipients are in fact, exceptional ... What we see in the data, DACA recipients are using their education to make tremendous contributions to the economy.'[/pullquote]\u003cstrong>Tom K. Wong:\u003c/strong> My colleagues and I at the Center for American Progress, the National Immigration Law Center and United We Dream, have been surveying recipients like Dulce and Ju — sometimes with the help of Dulce and Ju — since the inception of DACA. What we've been able to show are DACA's fiscal and economic impacts and they are overwhelmingly positive.\u003c/p>\n\u003cp>We have asked DACA recipients to be exceptional based on the requirements for receiving DACA in the first place. And our survey data show that DACA recipients are, in fact, exceptional. Part of what we are seeing is that DACA recipients are among the most educated subgroup of the population in the United States, and part of DACA requires at least a high school diploma, GED or equivalent.\u003c/p>\n\u003cp>What we see in the data, DACA recipients are using their education to make tremendous contributions to the economy. We see that 63% have moved to a job with a better pay post-DACA, that 53% have moved to jobs with better working conditions.\u003c/p>\n\u003cp>Similar percentages report moving to jobs that better fit their education and training and their long-term career goals. We have seen 110% in our latest 2020 survey increase in hourly wages because of DACA. With those hourly wages, we're seeing increased tax contributions both at federal, state and local levels.\u003c/p>\n\u003ch3>The Experiences of Black Dreamers\u003c/h3>\n\u003cp>\u003cem>Some advocates point out that Dreamers are not often seen as Black or Asian. Why is it important for Black Dreamers to be more visible?\u003c/em>\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Denea Joseph, Immigrants rights advocate and DACA recipient\"]'It's important that we highlight the intersectionality of being both Black and undocumented.'[/pullquote]\u003cstrong>Denea Joseph:\u003c/strong> Black undocumented people in the United States of America, out of the 11.5 million undocumented people that exist in this country, only 619,000 that we know of are actually undocumented and Black. And the reason that that number matters is it might not completely be accurate.\u003c/p>\n\u003cp>In order for you to be counted, you must first have a seat at the table. And for many Black immigrants, [they] tend not to want to share their stories because of a fear of what might happen if we do share our stories. It took me more than a decade in order to share my own.\u003c/p>\n\u003cp>It's important that we highlight the intersectionality of being both Black and undocumented because of the way in which Black immigrants are disproportionately impacted by this immigration system.\u003c/p>\n\u003cp>By a \u003ca href=\"https://www.raicestexas.org/2020/07/22/black-immigrant-lives-are-under-attack/\">RAICES count\u003c/a>, Black immigrants tend to have a 50% higher bond when placed in detention centers, not to mention more susceptible to deportation as a result of their status. We saw a letter come out of the T. Don Hutto (Detention Center) around last year by Cameroonian women in which they spoke about the \u003ca href=\"https://www.texasobserver.org/following-a-protest-ice-transfers-dozens-of-asylum-seekers-to-an-isolated-laredo-facility/\">horrid conditions they were facing\u003c/a> at the hands of people who were detaining them. So they're more susceptible to violence as a result, not only of status, but as a result of our race and our ethnicities.\u003c/p>\n\u003ch3>Supporting Dreamers\u003c/h3>\n\u003cp>\u003cem>How can someone help individuals directly affected by the ruling?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Denea Joseph:\u003c/strong> I would say check out organizations like the \u003ca href=\"https://baji.org/\">Black Alliance for Just Immigration\u003c/a>, \u003ca href=\"https://haitianbridge.org/\">Haitian Bridge Alliance\u003c/a>, Inc, \u003ca href=\"https://immigrantsrising.org/\">Immigrants Rising\u003c/a> and the incredible work that they're doing in order to support undocumented entrepreneurs who might not now be given the opportunity to work by way of their employment authorization cards.\u003c/p>\n\u003cp>In the decision to support organizations, I think it's crucial if you see a way for you to support monetarily by way of giving to the mutual aid funds that you might have within your community.\u003c/p>\n\u003cp>\u003cem>Listen to \u003ca href=\"https://www.kqed.org/forum/2010101884494/after-texas-court-ruling-whats-the-future-for-young-immigrants-and-daca-recipients\">KQED Forum\u003c/a> to hear the full episode.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Hundreds of thousands of immigrants in the U.S. are in limbo, after U.S. District Judge Andrew Hanen ruled last Friday against the Deferred Action for Childhood Arrivals (DACA) program launched in 2012 by former President Barack Obama. The program provides temporary protection from deportation, and work authorization, to undocumented immigrants who came to the U.S. as children. Hanen, based in Texas, argued that DACA was created illegally.\u003c/p>\n\u003cp>The decision does not end legal protections for the roughly 616,000 current DACA participants. However, the legal decision does suspend approvals of new applications and leaves the door open for DACA to be terminated in the future.\u003c/p>\n\u003cp>President Biden has \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/17/statement-by-president-joe-biden-on-daca-and-legislation-for-dreamers/\" target=\"_blank\" rel=\"noopener noreferrer\">pledged to appeal the ruling\u003c/a> and called on Congress to protect so-called Dreamers and create a path to citizenship for millions of people who lack legal status in the United States.\u003c/p>\n\u003cp>On July 19, KQED Forum host Mina Kim spoke with the following guests to get an overview of the legal decision and what happens next, and also to hear from immigrants who could be affected:\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"https://polisci.ucsd.edu/people/faculty/faculty-directory/currently-active-faculty/wong-profile.html\">Tom K. Wong\u003c/a>, \u003c/strong>associate professor of political science and founding director of the U.S. Immigration Policy Center at UC San Diego.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"https://www.borderangels.org/dulce-garcia.html\">Dulce García\u003c/a>, \u003c/strong>immigration attorney, executive director of Border Angels and a DACA recipient.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"https://immigrantsrising.org/story/denea-joseph-i-am-my-grandmothers-child/\">Denea Joseph\u003c/a>, \u003c/strong>immigrants rights advocate and DACA recipient.\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"https://immigrantsrising.org/leadership-council/ju-hong/\">Ju Hong\u003c/a>, \u003c/strong>DACA recipient and member of Immigrants Rising, an organization that helps undocumented young people achieve educational and career goals.\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>The following interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003ch3>Understanding the Ruling\u003c/h3>\n\u003cp>\u003cem>What was the basis Judge Andrew Hanen used in ruling that the creation of DACA was unlawful?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Tom K. Wong\u003c/strong>: Judge Hanen ruled that DACA is unlawful because the creation of DACA violated the Administrative Procedure Act (APA), which requires public comment before changing policy.\u003c/p>\n\u003cp>The ruling by Hanen based on the APA is a bit ironic because the last several years of the battle over DACA in the courts saw DACA being preserved mostly because of the APA as well. The Trump administration tried to end (DACA). DACA advocates [then] made a legal argument that the way that the Trump administration tried to end DACA violated the APA. Therefore, district courts all the way up to the Supreme Court said that DACA should stay. And now we have Judge Hanen relying on the same Administrative Procedure Act to essentially rule that DACA is illegal.\u003c/p>\n\u003cp>\u003cem>What is the immediate impact of this decision?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Tom K. Wong\u003c/strong>: The immediate impact is already being felt. Those who are first-time applicants, they should have received text notification from USCIS saying that biometrics appointments are now canceled. So part of applying for DACA not only includes a paper application, but once that's received by U.S. Citizenship and Immigration Services (USCIS), then individuals go in for biometrics, for example, to provide their fingerprints. So those appointments are already being canceled.\u003c/p>\n\u003cp>For the approximately 600,000 active DACA recipients, this means more uncertainty and more limbo. We essentially had four years of uncertainty over DACA under the Trump administration. And this particular ruling — although it does not say that current active DACA recipients will lose their status — adds to the sort of uncertainty that the recipients are living with on a day to day [basis] and makes more vivid the importance of a permanent legislative solution for not just DACA recipients, but for undocumented immigrants more generally.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>The Experiences of DACA Recipients\u003c/h3>\n\u003cp>\u003cem>What was your reaction to the ruling?\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>Ju Hong: \u003c/strong> When I heard the news, I was devastated and frustrated and honestly, I was sick and tired. I was tired of hearing this news all over again. I just had to let out the frustration with other DACA recipients who are applying for it, and they all felt frustrated and angry, and this gave another affirmation that DACA is temporary and we cannot live in this limbo every two years.\u003c/p>\n\u003cp>Honestly, I'm really tired and I cannot live like this anymore with this fear and this anxiety and the stress, I think enough is enough. I've had DACA since 2012. I've been undocumented since 2001. And I'm 31 years old and I want to have peace of mind and live a normal life.\u003c/p>\n\u003cp>\u003cstrong>Dulce García:\u003c/strong> Sad, tired, frustrated and exhausted. All of these attacks in our communities have taken a toll on us physically and emotionally. The last few years have been very difficult. We were physically at the steps of the Supreme Court and we celebrated a victory last year when we received the opinion of the Supreme Court.\u003c/p>\n\u003cp>We thought with the change of administration, perhaps there was new hope renewed. This takes us back. It's unbelievable that we're in this place yet again where our livelihoods are compromised, where the uncertainty is still there and our lives are still very much in limbo.\u003c/p>\n\u003cp>DACA allowed so many of us to apply for opportunities we never even imagined. As an attorney, I'm able to step into ... immigration courts and represent clients.\u003c/p>\n\u003cp>\u003cem>What are the impacts that are often less known on DACA recipients?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Dulce García:\u003c/strong> The emotional toll that we have every time that we have to send our application, and hope that it gets processed in time before we lose our jobs, is a big one. When I applied in 2014, I was hesitant. I didn't trust the government. I wasn't sure whether it would be approved and we would be turning over all of our information, that on its own is a little bit scary to apply for the first time.\u003c/p>\n\u003cp>I understand why some folks hesitated to apply. Once you apply, we know that the program can be destroyed at any moment, as it was during the Trump administration.\u003c/p>\n\u003cp>When I applied in 2014, they told me it would be political suicide for anyone to attack the program. Yet here we are. Where not only the prior administration attacked it and we had to step up and sue the federal government ourselves, but now the state of Texas is doing its own lawsuit and we don't know what's going to happen with the program yet.\u003c/p>\n\u003cfigure id=\"attachment_11881810\" class=\"wp-caption alignnone\" style=\"max-width: 2560px\">\u003cimg class=\"size-full wp-image-11881810\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-scaled.jpg\" alt=\"Two people wearing facemasks hold up signs that say, 'Immigrant rights are human rights!' and 'No human is illegal. Protect DACA.'\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1329566422-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Jasmine Parish Moreno, 20, and Fiama Vilagrana-Ocasio, 20, participate in a demonstration outside of the U.S. District Courthouse on July 19, 2021 in Houston, Texas. \u003ccite>(Brandon Bell/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>Possible Paths Forward\u003c/h3>\n\u003cp>\u003cem>Why was DACA was established the way it was in 2012?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Tom K. Wong:\u003c/strong> If folks think back to 2010, the DREAM Act was in Congress. It narrowly failed, not because of Republicans who typically are opposed to legal status for undocumented immigrants, but because the Democratic caucus couldn't hold the line. And so the failure of the DREAM Act in 2010, followed by a looming reelection of President Obama in early 2012, combined with potential Republican DREAM Act legislation being introduced by then-Republican presidential hopeful Marco Rubio. That was the political backdrop for the announcement of DACA.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>[Budget reconciliation] seems to be the most viable path forward right now. We know that there are 50 Democrats in the Senate and 50 Republicans. With Vice President (Kamala) Harris being the tiebreaker. The filibuster makes it difficult to imagine getting 60 votes, which is needed to invoke cloture, which ends a filibuster. So it's hard to imagine 60 votes for something like legal status, even for undocumented young people.\u003c/p>\n\u003cp>If we're going to see any action from Congress on immigration, [we should look for] something before the end of summer, before August recess, or if there is some kind of continuing resolution which kind of punts the ball a few months down the road, then the next opportunity would be in fall.\u003c/p>\n\u003cp>\u003cem>To get something into a budget reconciliation bill, you're required to show that DACA has more than incidental budgetary impact. What's the status of that? Is there a strong argument there?\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'DACA recipients are in fact, exceptional ... What we see in the data, DACA recipients are using their education to make tremendous contributions to the economy.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>Tom K. Wong:\u003c/strong> My colleagues and I at the Center for American Progress, the National Immigration Law Center and United We Dream, have been surveying recipients like Dulce and Ju — sometimes with the help of Dulce and Ju — since the inception of DACA. What we've been able to show are DACA's fiscal and economic impacts and they are overwhelmingly positive.\u003c/p>\n\u003cp>We have asked DACA recipients to be exceptional based on the requirements for receiving DACA in the first place. And our survey data show that DACA recipients are, in fact, exceptional. Part of what we are seeing is that DACA recipients are among the most educated subgroup of the population in the United States, and part of DACA requires at least a high school diploma, GED or equivalent.\u003c/p>\n\u003cp>What we see in the data, DACA recipients are using their education to make tremendous contributions to the economy. We see that 63% have moved to a job with a better pay post-DACA, that 53% have moved to jobs with better working conditions.\u003c/p>\n\u003cp>Similar percentages report moving to jobs that better fit their education and training and their long-term career goals. We have seen 110% in our latest 2020 survey increase in hourly wages because of DACA. With those hourly wages, we're seeing increased tax contributions both at federal, state and local levels.\u003c/p>\n\u003ch3>The Experiences of Black Dreamers\u003c/h3>\n\u003cp>\u003cem>Some advocates point out that Dreamers are not often seen as Black or Asian. Why is it important for Black Dreamers to be more visible?\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'It's important that we highlight the intersectionality of being both Black and undocumented.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>Denea Joseph:\u003c/strong> Black undocumented people in the United States of America, out of the 11.5 million undocumented people that exist in this country, only 619,000 that we know of are actually undocumented and Black. And the reason that that number matters is it might not completely be accurate.\u003c/p>\n\u003cp>In order for you to be counted, you must first have a seat at the table. And for many Black immigrants, [they] tend not to want to share their stories because of a fear of what might happen if we do share our stories. It took me more than a decade in order to share my own.\u003c/p>\n\u003cp>It's important that we highlight the intersectionality of being both Black and undocumented because of the way in which Black immigrants are disproportionately impacted by this immigration system.\u003c/p>\n\u003cp>By a \u003ca href=\"https://www.raicestexas.org/2020/07/22/black-immigrant-lives-are-under-attack/\">RAICES count\u003c/a>, Black immigrants tend to have a 50% higher bond when placed in detention centers, not to mention more susceptible to deportation as a result of their status. We saw a letter come out of the T. Don Hutto (Detention Center) around last year by Cameroonian women in which they spoke about the \u003ca href=\"https://www.texasobserver.org/following-a-protest-ice-transfers-dozens-of-asylum-seekers-to-an-isolated-laredo-facility/\">horrid conditions they were facing\u003c/a> at the hands of people who were detaining them. So they're more susceptible to violence as a result, not only of status, but as a result of our race and our ethnicities.\u003c/p>\n\u003ch3>Supporting Dreamers\u003c/h3>\n\u003cp>\u003cem>How can someone help individuals directly affected by the ruling?\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Denea Joseph:\u003c/strong> I would say check out organizations like the \u003ca href=\"https://baji.org/\">Black Alliance for Just Immigration\u003c/a>, \u003ca href=\"https://haitianbridge.org/\">Haitian Bridge Alliance\u003c/a>, Inc, \u003ca href=\"https://immigrantsrising.org/\">Immigrants Rising\u003c/a> and the incredible work that they're doing in order to support undocumented entrepreneurs who might not now be given the opportunity to work by way of their employment authorization cards.\u003c/p>\n\u003cp>In the decision to support organizations, I think it's crucial if you see a way for you to support monetarily by way of giving to the mutual aid funds that you might have within your community.\u003c/p>\n\u003cp>\u003cem>Listen to \u003ca href=\"https://www.kqed.org/forum/2010101884494/after-texas-court-ruling-whats-the-future-for-young-immigrants-and-daca-recipients\">KQED Forum\u003c/a> to hear the full episode.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>LGBTQ rights advocates said Monday that they will seek to challenge an appeals court decision tossing out part of a California law designed to protect older LGBTQ residents in nursing homes.\u003c/p>\n\u003cp>The \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB219\">2017 law\u003c/a> is intended to protect against discrimination or mistreatment based on residents’ sexual orientation or gender identity.\u003c/p>\n\u003cp>The Third District Court of Appeal overturned the part of the law barring employees of long-term care facilities from willfully and repeatedly using anything other than residents’ preferred names and pronouns. \u003c/p>\n\u003cp>In other words, it was illegal for employees to intentionally misgender trans residents by using the names and pronouns they were assigned at birth, a practice known as deadnaming.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"State Sen. Scott Wiener, D-San Francisco\"]‘Deliberately misgendering a transgender person isn’t just a matter of opinion … Rather, it’s straight up harassment. And, it erases an individual’s fundamental humanity.’[/pullquote]The ban on deadnaming violates employees’ rights to free speech, the court ruled Friday.\u003c/p>\n\u003cp>“The law compels long-term care facility staff to alter the message they would prefer to convey,” the court reasoned, adding that the ban “burdens speech more than is required” to reach the state’s objective of eliminating discrimination, including harassment on the basis of sex.\u003c/p>\n\u003cp>Referring to residents other than by their preferred gender “may be disrespectful, discourteous, and insulting,” Associate Justice Elena Duarte wrote on behalf of the three-judge panel. But it can also be a way “to express an ideological disagreement with another person’s expressed gender identity.” \u003c/p>\n\u003cp>“The pronoun provision at issue here tests the limits of the government’s authority to restrict pure speech that, while potentially offensive or harassing to the listener, does not necessarily create a hostile environment,” she wrote, adding italics to “potentially” and “necessarily.” \u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, who carried the law, said deliberately deadnaming someone is actually an act of erasing that person’s humanity. \u003c/p>\n\u003cp>“The Court’s decision is disconnected from the reality facing transgender people,” Wiener said in a statement. “Deliberately misgendering a transgender person isn’t just a matter of opinion, and it’s not simply ‘disrespectful, discourteous, or insulting.’ Rather, it’s straight up harassment. And, it erases an individual’s fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Rick Chavez Zbur, executive director of Equality California, which bills itself as the nation’s largest statewide LGBTQ+ civil rights organization, said using the wrong name and pronoun is “a hateful act that denies someone their dignity and truth” and can cause depression and even suicides.\u003c/p>\n\u003cp>Both said they will fight the ruling, without being specific on what that would mean. \u003c/p>\n\u003cp>That is a decision for the state attorney general’s office, which defended the law in court, said Equality California spokesman Joshua Stickney.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='transgender']The attorney general’s office said it is reviewing the decision and considering its next steps.\u003c/p>\n\u003cp>The appeals court upheld a second challenged portion of the law prohibiting facilities or employees from assigning rooms based on anything other than a transgender resident’s gender identity. A Sacramento County judge had previously thrown out both parts of the lawsuit.\u003c/p>\n\u003cp>The law was challenged by Taking Offense, described in the decision as an “unincorporated association which includes at least one California citizen and taxpayer who has paid taxes to the state within the last year.” \u003c/p>\n\u003cp>The plaintiff’s attorney, David Llewellyn Jr., did not respond to telephone and email messages.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from The Associated Press’s Don Thompson and KQED’s David Marks.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>LGBTQ rights advocates said Monday that they will seek to challenge an appeals court decision tossing out part of a California law designed to protect older LGBTQ residents in nursing homes.\u003c/p>\n\u003cp>The \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB219\">2017 law\u003c/a> is intended to protect against discrimination or mistreatment based on residents’ sexual orientation or gender identity.\u003c/p>\n\u003cp>The Third District Court of Appeal overturned the part of the law barring employees of long-term care facilities from willfully and repeatedly using anything other than residents’ preferred names and pronouns. \u003c/p>\n\u003cp>In other words, it was illegal for employees to intentionally misgender trans residents by using the names and pronouns they were assigned at birth, a practice known as deadnaming.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The ban on deadnaming violates employees’ rights to free speech, the court ruled Friday.\u003c/p>\n\u003cp>“The law compels long-term care facility staff to alter the message they would prefer to convey,” the court reasoned, adding that the ban “burdens speech more than is required” to reach the state’s objective of eliminating discrimination, including harassment on the basis of sex.\u003c/p>\n\u003cp>Referring to residents other than by their preferred gender “may be disrespectful, discourteous, and insulting,” Associate Justice Elena Duarte wrote on behalf of the three-judge panel. But it can also be a way “to express an ideological disagreement with another person’s expressed gender identity.” \u003c/p>\n\u003cp>“The pronoun provision at issue here tests the limits of the government’s authority to restrict pure speech that, while potentially offensive or harassing to the listener, does not necessarily create a hostile environment,” she wrote, adding italics to “potentially” and “necessarily.” \u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, who carried the law, said deliberately deadnaming someone is actually an act of erasing that person’s humanity. \u003c/p>\n\u003cp>“The Court’s decision is disconnected from the reality facing transgender people,” Wiener said in a statement. “Deliberately misgendering a transgender person isn’t just a matter of opinion, and it’s not simply ‘disrespectful, discourteous, or insulting.’ Rather, it’s straight up harassment. And, it erases an individual’s fundamental humanity, particularly one as vulnerable as a trans senior in a nursing home.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The attorney general’s office said it is reviewing the decision and considering its next steps.\u003c/p>\n\u003cp>The appeals court upheld a second challenged portion of the law prohibiting facilities or employees from assigning rooms based on anything other than a transgender resident’s gender identity. A Sacramento County judge had previously thrown out both parts of the lawsuit.\u003c/p>\n\u003cp>The law was challenged by Taking Offense, described in the decision as an “unincorporated association which includes at least one California citizen and taxpayer who has paid taxes to the state within the last year.” \u003c/p>\n\u003cp>The plaintiff’s attorney, David Llewellyn Jr., did not respond to telephone and email messages.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from The Associated Press’s Don Thompson and KQED’s David Marks.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "2 Bay Area Men Charged With Plotting to Bomb Democratic Party Headquarters in Sacramento",
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"content": "\u003cp>\u003cstrong>Updated July 16, 2021 at 9:37 AM PT\u003c/strong>\u003c/p>\n\u003cp>Two California men who were angry about former President Donald Trump's 2020 election loss have been indicted for allegedly plotting to firebomb the Democratic Party's headquarters in Sacramento.\u003c/p>\n\u003cp>The defendants, 45-year-old Ian Rogers from Napa and 37-year-old Jarrod Copeland from Vallejo, are both facing one count of conspiracy to destroy a building by fire or explosives. Rogers has also been charged with firearms and explosives offenses, while Copeland is facing an additional obstruction of justice charge.\u003c/p>\n\u003cp>Prosecutors say the two men were upset about the outcome of the 2020 presidential election, and wanted to ignite a \"movement\" to overthrow the government. They hoped to recruit others to their cause, and even reached out to \u003ca href=\"https://www.npr.org/2021/04/09/985104612/conspiracy-charges-bring-proud-boys-history-of-violence-into-spotlight\">the Proud Boys\u003c/a> to try to rally support.\u003c/p>\n\u003cp>Prosecutors also say that Copeland and Rogers understood that their actions would be viewed as domestic terrorism.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The two men began plotting, court papers say, three weeks after Joe Biden's presidential election win with discussions about attacking targets they viewed as linked to Democrats.\u003c/p>\n\u003cp>In one exchange of messages from late November cited in court papers, Rogers tells Copeland, \"We need to hit the enemy in the mouth.\" He goes on to say: \"I think right now we attack democrats. They're [sic] offices etc. Molotov cocktails and gasoline.\"\u003c/p>\n\u003cp>The two men initially discussed attacking the California governor's mansion but quickly shifted their sights to the Democratic headquarters building in downtown Sacramento.\u003c/p>\n\u003cp>By Dec. 1, court papers say, the men had settled on a plan. Rogers wrote to Copeland: \"Do you think something is wrong with me how I'm excited to attack the democrats?\"\u003c/p>\n\u003cp>Prosecutors say the plans advanced over the next several weeks.\u003c/p>\n\u003cp>According to court papers, on Jan. 4 Copeland told Rogers that if Congress certified the 2020 election results as scheduled on Jan. 6, the two men would \"become outlaws for real.\"\u003c/p>\n\u003cp>Two days later, Congress did indeed certify the vote, but only after a significant delay because the U.S. Capitol had been overrun by a violent mob of Trump supporters.\u003c/p>\n\u003cp>The attack on the Capitol left Copeland elated, prosecutors say. He allegedly sent Rogers a string of texts, including \"REVOLUTION\" \"I'm f---ing juiced!!!!!\" and \"I'm bout to throw my gear on and drive around and punish sombitces [sic].\"\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"domestic-terrorism\"]On Jan. 11, Rogers messaged Copeland: \"I'm thinking sac office first target. Then maybe bird and face offices,\" which prosecutors say is a reference to the Democratic headquarters in Sacramento, Twitter and Facebook.\u003c/p>\n\u003cp>\"Sad it's come to this but I'm not going down without a fight. These commies need to be told what's up,\" Rogers adds.\u003c/p>\n\u003cp>\"I agree,\" Copeland allegedly replied. \"Plan attack.\"\u003c/p>\n\u003cp>He later added: \"Let's see what happens after the 20th we go to war,\" referring to the date of Biden's inauguration.\u003c/p>\n\u003cp>Days later, Napa County sheriff's deputies arrested Rogers, and seized between 45 and 50 guns, including assault rifles and three machine guns. They also confiscated five pipe bombs and around 15,000 rounds of ammunition.\u003c/p>\n\u003cp>An attorney for Rogers declined to comment. It was not immediately clear who was representing Copeland.\u003c/p>\n\u003cp>Court papers say Copeland tried to delete the records of his messages with Rogers after learning of his friend's arrest. Copeland contacted a militia group leader to let him know. The leader told him to switch messaging apps and to delete everything.\u003c/p>\n\u003cp>FBI agents arrested Copeland this week at his home in Sacramento.\u003c/p>\n\u003cp>The government says Copeland poses a danger to the community and is asking that he be detained pending trial.\u003c/p>\n\u003cp>According to prosecutors, Copeland joined the U.S. military in 2013 but was twice arrested for desertion before receiving an \"other than honorable\" discharged in November 2016.\u003c/p>\n\u003cp>After he got out, he joined an affiliate of the Three Percenters, an anti-government militia group, according to the government.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Copeland's membership in an anti-government militia, and his motivations for planning these attacks are relevant because they are not fleeting or the product of a single, but past, perceived affront,\" prosecutors say. \"His sentiments are deeply felt and long-standing and reflect a believe that the government is illegitimate.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=2+California+Men+Have+Been+Charged+With+Plotting+To+Bomb+A+Democratic+Building&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"excerpt": "Ian Rogers of Napa and Jarrod Copeland of Vallejo are facing several federal charges over the alleged plot. Prosecutors say at one point Rogers told Copeland, 'I want to blow up a democrat building bad.'",
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"description": "Ian Rogers of Napa and Jarrod Copeland of Vallejo are facing several federal charges over the alleged plot. Prosecutors say at one point Rogers told Copeland, 'I want to blow up a democrat building bad.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated July 16, 2021 at 9:37 AM PT\u003c/strong>\u003c/p>\n\u003cp>Two California men who were angry about former President Donald Trump's 2020 election loss have been indicted for allegedly plotting to firebomb the Democratic Party's headquarters in Sacramento.\u003c/p>\n\u003cp>The defendants, 45-year-old Ian Rogers from Napa and 37-year-old Jarrod Copeland from Vallejo, are both facing one count of conspiracy to destroy a building by fire or explosives. Rogers has also been charged with firearms and explosives offenses, while Copeland is facing an additional obstruction of justice charge.\u003c/p>\n\u003cp>Prosecutors say the two men were upset about the outcome of the 2020 presidential election, and wanted to ignite a \"movement\" to overthrow the government. They hoped to recruit others to their cause, and even reached out to \u003ca href=\"https://www.npr.org/2021/04/09/985104612/conspiracy-charges-bring-proud-boys-history-of-violence-into-spotlight\">the Proud Boys\u003c/a> to try to rally support.\u003c/p>\n\u003cp>Prosecutors also say that Copeland and Rogers understood that their actions would be viewed as domestic terrorism.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The two men began plotting, court papers say, three weeks after Joe Biden's presidential election win with discussions about attacking targets they viewed as linked to Democrats.\u003c/p>\n\u003cp>In one exchange of messages from late November cited in court papers, Rogers tells Copeland, \"We need to hit the enemy in the mouth.\" He goes on to say: \"I think right now we attack democrats. They're [sic] offices etc. Molotov cocktails and gasoline.\"\u003c/p>\n\u003cp>The two men initially discussed attacking the California governor's mansion but quickly shifted their sights to the Democratic headquarters building in downtown Sacramento.\u003c/p>\n\u003cp>By Dec. 1, court papers say, the men had settled on a plan. Rogers wrote to Copeland: \"Do you think something is wrong with me how I'm excited to attack the democrats?\"\u003c/p>\n\u003cp>Prosecutors say the plans advanced over the next several weeks.\u003c/p>\n\u003cp>According to court papers, on Jan. 4 Copeland told Rogers that if Congress certified the 2020 election results as scheduled on Jan. 6, the two men would \"become outlaws for real.\"\u003c/p>\n\u003cp>Two days later, Congress did indeed certify the vote, but only after a significant delay because the U.S. Capitol had been overrun by a violent mob of Trump supporters.\u003c/p>\n\u003cp>The attack on the Capitol left Copeland elated, prosecutors say. He allegedly sent Rogers a string of texts, including \"REVOLUTION\" \"I'm f---ing juiced!!!!!\" and \"I'm bout to throw my gear on and drive around and punish sombitces [sic].\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>On Jan. 11, Rogers messaged Copeland: \"I'm thinking sac office first target. Then maybe bird and face offices,\" which prosecutors say is a reference to the Democratic headquarters in Sacramento, Twitter and Facebook.\u003c/p>\n\u003cp>\"Sad it's come to this but I'm not going down without a fight. These commies need to be told what's up,\" Rogers adds.\u003c/p>\n\u003cp>\"I agree,\" Copeland allegedly replied. \"Plan attack.\"\u003c/p>\n\u003cp>He later added: \"Let's see what happens after the 20th we go to war,\" referring to the date of Biden's inauguration.\u003c/p>\n\u003cp>Days later, Napa County sheriff's deputies arrested Rogers, and seized between 45 and 50 guns, including assault rifles and three machine guns. They also confiscated five pipe bombs and around 15,000 rounds of ammunition.\u003c/p>\n\u003cp>An attorney for Rogers declined to comment. It was not immediately clear who was representing Copeland.\u003c/p>\n\u003cp>Court papers say Copeland tried to delete the records of his messages with Rogers after learning of his friend's arrest. Copeland contacted a militia group leader to let him know. The leader told him to switch messaging apps and to delete everything.\u003c/p>\n\u003cp>FBI agents arrested Copeland this week at his home in Sacramento.\u003c/p>\n\u003cp>The government says Copeland poses a danger to the community and is asking that he be detained pending trial.\u003c/p>\n\u003cp>According to prosecutors, Copeland joined the U.S. military in 2013 but was twice arrested for desertion before receiving an \"other than honorable\" discharged in November 2016.\u003c/p>\n\u003cp>After he got out, he joined an affiliate of the Three Percenters, an anti-government militia group, according to the government.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Copeland's membership in an anti-government militia, and his motivations for planning these attacks are relevant because they are not fleeting or the product of a single, but past, perceived affront,\" prosecutors say. \"His sentiments are deeply felt and long-standing and reflect a believe that the government is illegitimate.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=2+California+Men+Have+Been+Charged+With+Plotting+To+Bomb+A+Democratic+Building&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Nephew of Slain Activist Berta Cáceres Renews Calls for Ending Aid to Honduran Military",
"title": "Nephew of Slain Activist Berta Cáceres Renews Calls for Ending Aid to Honduran Military",
"headTitle": "KQED News",
"content": "\u003cp>A Bay Area family member of slain environmental and Indigenous rights defender Berta Cáceres is calling on the federal government to stop U.S. funding of Honduran military and police.\u003c/p>\n\u003cp>After years of threats, Cáceres was assassinated in her hometown of La Esperanza in western Honduras in 2016. The renowned environmentalist and Goldman Environmental Prize \u003ca href=\"https://www.kqed.org/science/560202/goldman-environmental-prize-winner-murdered-in-honduras\">winner\u003c/a> had been leading a campaign to stop the construction of a hydroelectric dam on the Gualcarque River, a river considered sacred by the Lenca people. In 2018, \u003ca href=\"https://www.nytimes.com/2018/11/29/world/americas/honduras-bertha-caceres.html\" target=\"_blank\" rel=\"noopener noreferrer\">seven men hired as hitmen were convicted in her murder\u003c/a> – but until this month no one accused of masterminding her killing had been held accountable.\u003c/p>\n\u003cp>On July 5, the former head of Desarrollos Energéticos S.A. (DESA), the company overseeing the dam project Cáceres fought against, \u003ca href=\"https://apnews.com/article/caribbean-honduras-3c44bd8b698092aaabb99b94605d311c\" target=\"_blank\" rel=\"noopener noreferrer\">was found guilty of participating in her killing\u003c/a>. Prosecutors argued Roberto David Castillo – who was trained in the U.S. and was a former member of the Honduran army during a coup in 2009 – had masterminded Cáceres' murder. He was convicted of being a co-conspirator. The court will determine his sentence, which could be between 24 and 30 years, on Aug. 2.\u003c/p>\n\u003cp>[aside postID=science_560202]“It is a victory. I can't deny that,” Silvio Carrillo, Cáceres' Oakland-based nephew, told KQED. “But, it doesn't feel like a victory. It is one small drop in the sea of corruption in Honduras and we have a long way to go.”\u003c/p>\n\u003cp>On Twitter the day of the ruling he added: \"Berta didn't die, she multiplied.\"\u003c/p>\n\u003cp>https://twitter.com/angryburrito/status/1412118957578854409\u003c/p>\n\u003cp>Earlier this year, \u003ca href=\"https://www.globalwitness.org/en/blog/five-years-since-berta-c%C3%A1ceres-assassination-honduran-defenders-face-greater-danger-than-ever/\" target=\"_blank\" rel=\"noopener noreferrer\">Global Witness\u003c/a> reported at least 40 environmental activists have been murdered in Honduras since Cáceres' death.\u003c/p>\n\u003cp>“This is literally the first time a case like this has been successful — successful in that someone was charged. That is incredibly sad,” Carrillo said. He grew up in Washington, D.C., and is now an Oakland-based journalist who has written op-eds for The New York Times on his \u003ca href=\"https://www.nytimes.com/2017/03/02/opinion/an-idealists-martyrdom-fails-to-move-honduras.html\" target=\"_blank\" rel=\"noopener noreferrer\">aunt\u003c/a>, as well as on \u003ca href=\"https://www.nytimes.com/2017/12/19/opinion/america-honduras-hernandez-trump.html\" target=\"_blank\" rel=\"noopener noreferrer\">politics in Honduras\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Suyapa Portillo Villeda, a Honduran historian and associate professor at Pitzer College in Southern California, attributes the victory of the dam company executive's conviction to organizers on the ground. She credits COPINH (the Council of Popular and Indigenous Organizations of Honduras), an organization Cáceres started in 1993, for their persistence.\u003c/p>\n\u003cp>\"It's really a testament to the organizing,\" Portillo Villeda said, also referencing the collective of organizations that camped out in front of the court.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Silvio Carrillo, nephew of slain Indigenous rights defender Berta Cáceres\"]'This situation is closer than you think ... And the reason for that is because it's our money, it's our tax dollars paid to train Honduran police and the Honduran military.'[/pullquote]Since a 2009 coup, \u003ca href=\"https://www.theguardian.com/world/2017/dec/07/crisis-of-honduras-democracy-has-roots-in-us-tacit-support-for-2009-coup\" target=\"_blank\" rel=\"noopener noreferrer\">corruption in Honduras has continued to worsen\u003c/a>. Carrillo, who was born in the U.S. and grew up spending many summers in Honduras, recalled the dangers his aunt faced.\u003c/p>\n\u003cp>\"They tried to plant a gun on her ... At one point she had to flee — this was just a part of her life,\" he said. Carrillo also recalled traveling with her one night and said it was \"terrifying\" having to take two or three taxi cabs in different directions just to make sure she wasn't being followed.\u003c/p>\n\u003cp>In 2016, after Cáceres was murdered, Carrillo spent time in the halls of the U.S. Capitol lobbying for accountability. The network that Cáceres had established throughout her long years of advocacy allowed him access to meet with members of Congress and their staff.\u003c/p>\n\u003cp>\"This situation is closer than you think,\" Carrillo said, in reference to why the assassination of an environmental activist in Honduras should matter to those living in the U.S. \"And the reason for that is because it's our money, it's our tax dollars paid to train Honduran police and the Honduran military.\"\u003c/p>\n\u003cp>Some of the lobbying Carrillo began over five years ago may finally be paying off.\u003c/p>\n\u003cp>Companion legislation being considered in the \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/2716/text?\">House\u003c/a> and \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/388/all-info\" target=\"_blank\" rel=\"noopener noreferrer\">Senate\u003c/a> would suspend support for the Honduran government until corruption and human rights abuses are no longer systemic. A \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/1574?\">separate bill\u003c/a> in the House, the \"Berta Cáceres Human Rights in Honduras Act,\" is a continuation of what Carrillo was advocating for in 2016 and would stop U.S. assistance to the Honduran police or military.\u003c/p>\n\u003cp>Withdrawing funding from the military speaks to Cáceres' legacy, Pitzer College's Portillo Villeda said. She remembers being tear-gassed alongside Cáceres in 2011 while protesting at an airbase. \"Berta was of the generation that understood profoundly what militarization did. The bill really speaks to her legacy and efforts to end militarization and funding for the military,\" Portillo Villeda said.\u003c/p>\n\u003cp>The corruption and violence in Honduras is also directly related to why Hondurans make up a large number of migrants at the U.S.-Mexico border.\u003c/p>\n\u003cp>“So many people have to leave because they can't eat, they can't feed their children, they can't get educated, they can't get health care,\" Carrillo said. \"And so they come here to the U.S.\"\u003c/p>\n\u003cfigure id=\"attachment_11881108\" class=\"wp-caption aligncenter\" style=\"max-width: 1309px\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut.jpg\" alt=\"\" width=\"1309\" height=\"704\" class=\"size-full wp-image-11881108\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut.jpg 1309w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut-800x430.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut-1020x549.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut-160x86.jpg 160w\" sizes=\"(max-width: 1309px) 100vw, 1309px\">\u003cfigcaption class=\"wp-caption-text\">An Indigenous woman lights a candle after Roberto David Castillo, president of Desarrollos Energéticos S.A. (DESA), was found guilty in the murder of Honduran environmentalist and Indigenous leader Berta Cáceres, in Tegucigalpa on July 5, 2021. \u003ccite>(ORLANDO SIERRA/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Honduras has one of the highest homicide rates in the region, according to the \u003ca href=\"https://www.cfr.org/in-brief/why-central-american-migrants-are-arriving-us-border\" target=\"_blank\" rel=\"noopener noreferrer\">Council on Foreign Relations\u003c/a>. The president's brother is \u003ca href=\"https://www.bbc.com/news/world-latin-america-56589088\" target=\"_blank\" rel=\"noopener noreferrer\">currently in prison\u003c/a> in the U.S. for drug trafficking.\u003c/p>\n\u003cp>When U.S. Vice President Harris took a recent trip to Central America and the U.S.-Mexico border, she notably did not stop in Honduras. The Biden administration \u003ca href=\"https://www.theguardian.com/global-development/2021/jun/13/biden-harris-central-america-policy-migration-corruption\">appears to be walking a thin line\u003c/a> to avoid showing overt support for the government, while continuing to provide aid to Honduras.\u003c/p>\n\u003cp>“I think [the Berta Cáceres Human Rights in Honduras Act] is really important,\" Portillo Villeda said. But she added it's also important to scrutinize the federal aid money earmarked for Honduras with the goal of helping stem migration from that country to the U.S. \"We're not going to see what happens with that money,\" she said.\u003c/p>\n\u003cp>[aside postID=news_11703189,news_11738062 label='Related Coverage']For Carrillo, as a journalist thinking through the legacy of his aunt's story, he'd like to make sure it is preserved and shared, perhaps as a documentary. “I have this trove of video, and I'm just waiting for the right time.”\u003c/p>\n\u003cp>He's hoping to produce something in the near future, but he also knows that it will take time.\u003c/p>\n\u003cp>“I want this project, whatever it turns out to be — to not just reflect her legacy, but also to reflect what we can accomplish because we lost her,” he said. His plan is to create something that can show people that not only is it worth the fight, but that \"change can come.\"\u003c/p>\n\u003cp>Portillo Villeda sees the most recent court win as a continuation of Cáceres' work. She said some people thought the Indigenous women were crazy for thinking they could stop a huge corporation when they protested the hydroelectric dam, \"crazy for thinking that people would care about the environment,\" Portillo Villeda said. But Cáceres \"intentionally gave young women the possibility to become activists, to become organizers — the idea that they could do the impossible.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A former executive and ex-military official was just convicted in the murder of Indigenous rights defender Berta Cáceres. Her Oakland-based nephew says much more needs to be done.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Bay Area family member of slain environmental and Indigenous rights defender Berta Cáceres is calling on the federal government to stop U.S. funding of Honduran military and police.\u003c/p>\n\u003cp>After years of threats, Cáceres was assassinated in her hometown of La Esperanza in western Honduras in 2016. The renowned environmentalist and Goldman Environmental Prize \u003ca href=\"https://www.kqed.org/science/560202/goldman-environmental-prize-winner-murdered-in-honduras\">winner\u003c/a> had been leading a campaign to stop the construction of a hydroelectric dam on the Gualcarque River, a river considered sacred by the Lenca people. In 2018, \u003ca href=\"https://www.nytimes.com/2018/11/29/world/americas/honduras-bertha-caceres.html\" target=\"_blank\" rel=\"noopener noreferrer\">seven men hired as hitmen were convicted in her murder\u003c/a> – but until this month no one accused of masterminding her killing had been held accountable.\u003c/p>\n\u003cp>On July 5, the former head of Desarrollos Energéticos S.A. (DESA), the company overseeing the dam project Cáceres fought against, \u003ca href=\"https://apnews.com/article/caribbean-honduras-3c44bd8b698092aaabb99b94605d311c\" target=\"_blank\" rel=\"noopener noreferrer\">was found guilty of participating in her killing\u003c/a>. Prosecutors argued Roberto David Castillo – who was trained in the U.S. and was a former member of the Honduran army during a coup in 2009 – had masterminded Cáceres' murder. He was convicted of being a co-conspirator. The court will determine his sentence, which could be between 24 and 30 years, on Aug. 2.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“It is a victory. I can't deny that,” Silvio Carrillo, Cáceres' Oakland-based nephew, told KQED. “But, it doesn't feel like a victory. It is one small drop in the sea of corruption in Honduras and we have a long way to go.”\u003c/p>\n\u003cp>On Twitter the day of the ruling he added: \"Berta didn't die, she multiplied.\"\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Earlier this year, \u003ca href=\"https://www.globalwitness.org/en/blog/five-years-since-berta-c%C3%A1ceres-assassination-honduran-defenders-face-greater-danger-than-ever/\" target=\"_blank\" rel=\"noopener noreferrer\">Global Witness\u003c/a> reported at least 40 environmental activists have been murdered in Honduras since Cáceres' death.\u003c/p>\n\u003cp>“This is literally the first time a case like this has been successful — successful in that someone was charged. That is incredibly sad,” Carrillo said. He grew up in Washington, D.C., and is now an Oakland-based journalist who has written op-eds for The New York Times on his \u003ca href=\"https://www.nytimes.com/2017/03/02/opinion/an-idealists-martyrdom-fails-to-move-honduras.html\" target=\"_blank\" rel=\"noopener noreferrer\">aunt\u003c/a>, as well as on \u003ca href=\"https://www.nytimes.com/2017/12/19/opinion/america-honduras-hernandez-trump.html\" target=\"_blank\" rel=\"noopener noreferrer\">politics in Honduras\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Suyapa Portillo Villeda, a Honduran historian and associate professor at Pitzer College in Southern California, attributes the victory of the dam company executive's conviction to organizers on the ground. She credits COPINH (the Council of Popular and Indigenous Organizations of Honduras), an organization Cáceres started in 1993, for their persistence.\u003c/p>\n\u003cp>\"It's really a testament to the organizing,\" Portillo Villeda said, also referencing the collective of organizations that camped out in front of the court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'This situation is closer than you think ... And the reason for that is because it's our money, it's our tax dollars paid to train Honduran police and the Honduran military.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Since a 2009 coup, \u003ca href=\"https://www.theguardian.com/world/2017/dec/07/crisis-of-honduras-democracy-has-roots-in-us-tacit-support-for-2009-coup\" target=\"_blank\" rel=\"noopener noreferrer\">corruption in Honduras has continued to worsen\u003c/a>. Carrillo, who was born in the U.S. and grew up spending many summers in Honduras, recalled the dangers his aunt faced.\u003c/p>\n\u003cp>\"They tried to plant a gun on her ... At one point she had to flee — this was just a part of her life,\" he said. Carrillo also recalled traveling with her one night and said it was \"terrifying\" having to take two or three taxi cabs in different directions just to make sure she wasn't being followed.\u003c/p>\n\u003cp>In 2016, after Cáceres was murdered, Carrillo spent time in the halls of the U.S. Capitol lobbying for accountability. The network that Cáceres had established throughout her long years of advocacy allowed him access to meet with members of Congress and their staff.\u003c/p>\n\u003cp>\"This situation is closer than you think,\" Carrillo said, in reference to why the assassination of an environmental activist in Honduras should matter to those living in the U.S. \"And the reason for that is because it's our money, it's our tax dollars paid to train Honduran police and the Honduran military.\"\u003c/p>\n\u003cp>Some of the lobbying Carrillo began over five years ago may finally be paying off.\u003c/p>\n\u003cp>Companion legislation being considered in the \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/2716/text?\">House\u003c/a> and \u003ca href=\"https://www.congress.gov/bill/117th-congress/senate-bill/388/all-info\" target=\"_blank\" rel=\"noopener noreferrer\">Senate\u003c/a> would suspend support for the Honduran government until corruption and human rights abuses are no longer systemic. A \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/1574?\">separate bill\u003c/a> in the House, the \"Berta Cáceres Human Rights in Honduras Act,\" is a continuation of what Carrillo was advocating for in 2016 and would stop U.S. assistance to the Honduran police or military.\u003c/p>\n\u003cp>Withdrawing funding from the military speaks to Cáceres' legacy, Pitzer College's Portillo Villeda said. She remembers being tear-gassed alongside Cáceres in 2011 while protesting at an airbase. \"Berta was of the generation that understood profoundly what militarization did. The bill really speaks to her legacy and efforts to end militarization and funding for the military,\" Portillo Villeda said.\u003c/p>\n\u003cp>The corruption and violence in Honduras is also directly related to why Hondurans make up a large number of migrants at the U.S.-Mexico border.\u003c/p>\n\u003cp>“So many people have to leave because they can't eat, they can't feed their children, they can't get educated, they can't get health care,\" Carrillo said. \"And so they come here to the U.S.\"\u003c/p>\n\u003cfigure id=\"attachment_11881108\" class=\"wp-caption aligncenter\" style=\"max-width: 1309px\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut.jpg\" alt=\"\" width=\"1309\" height=\"704\" class=\"size-full wp-image-11881108\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut.jpg 1309w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut-800x430.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut-1020x549.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS50218_GettyImages-1233820169-qut-160x86.jpg 160w\" sizes=\"(max-width: 1309px) 100vw, 1309px\">\u003cfigcaption class=\"wp-caption-text\">An Indigenous woman lights a candle after Roberto David Castillo, president of Desarrollos Energéticos S.A. (DESA), was found guilty in the murder of Honduran environmentalist and Indigenous leader Berta Cáceres, in Tegucigalpa on July 5, 2021. \u003ccite>(ORLANDO SIERRA/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Honduras has one of the highest homicide rates in the region, according to the \u003ca href=\"https://www.cfr.org/in-brief/why-central-american-migrants-are-arriving-us-border\" target=\"_blank\" rel=\"noopener noreferrer\">Council on Foreign Relations\u003c/a>. The president's brother is \u003ca href=\"https://www.bbc.com/news/world-latin-america-56589088\" target=\"_blank\" rel=\"noopener noreferrer\">currently in prison\u003c/a> in the U.S. for drug trafficking.\u003c/p>\n\u003cp>When U.S. Vice President Harris took a recent trip to Central America and the U.S.-Mexico border, she notably did not stop in Honduras. The Biden administration \u003ca href=\"https://www.theguardian.com/global-development/2021/jun/13/biden-harris-central-america-policy-migration-corruption\">appears to be walking a thin line\u003c/a> to avoid showing overt support for the government, while continuing to provide aid to Honduras.\u003c/p>\n\u003cp>“I think [the Berta Cáceres Human Rights in Honduras Act] is really important,\" Portillo Villeda said. But she added it's also important to scrutinize the federal aid money earmarked for Honduras with the goal of helping stem migration from that country to the U.S. \"We're not going to see what happens with that money,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>For Carrillo, as a journalist thinking through the legacy of his aunt's story, he'd like to make sure it is preserved and shared, perhaps as a documentary. “I have this trove of video, and I'm just waiting for the right time.”\u003c/p>\n\u003cp>He's hoping to produce something in the near future, but he also knows that it will take time.\u003c/p>\n\u003cp>“I want this project, whatever it turns out to be — to not just reflect her legacy, but also to reflect what we can accomplish because we lost her,” he said. His plan is to create something that can show people that not only is it worth the fight, but that \"change can come.\"\u003c/p>\n\u003cp>Portillo Villeda sees the most recent court win as a continuation of Cáceres' work. She said some people thought the Indigenous women were crazy for thinking they could stop a huge corporation when they protested the hydroelectric dam, \"crazy for thinking that people would care about the environment,\" Portillo Villeda said. But Cáceres \"intentionally gave young women the possibility to become activists, to become organizers — the idea that they could do the impossible.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>San Francisco city leaders say the prevailing perception that crime is running rampant — a key argument behind an effort to remove District Attorney Chesa Boudin from office — doesn't quite square with the statistics. \u003c/p>\n\u003cp>Robbery, rape and larceny theft are down, according to the San Francisco Police Department's \u003ca href=\"https://s3.documentcloud.org/documents/20988259/2021-june-compstat.pdf\">mid-year report\u003c/a> on public safety statistics. Thefts, including those at retail stores, are down by 9% compared to this time last year, according to the report.\u003c/p>\n\u003cp>\"Not every crime is reported, but we can only go by what we know: It's been a steady decrease,\" said SFPD Police Chief Bill Scott. \"The statistics are counter to the narrative.\"\u003c/p>\n\u003cp>Scott, who presented the data with Mayor London Breed at a press conference Monday, said viral videos and news coverage of crime in San Francisco are contributing to a false perception of lawlessness.\u003c/p>\n\u003cp>\"We know that numbers don't matter when you're a victim of a crime, any crime, in any capacity,\" said Breed. \"But at the end of the day, we have to use this data to make a decision about our policies and our investments.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>While most violent crime is down, gun violence and burglaries are up. So are crimes such as homicides, aggravated assault, car break-ins and auto thefts — though not as high as in recent years.\u003c/p>\n\u003cp>San Francisco has reported 26 homicides so far this year, for example, compared to 22 by this time in 2020. Despite the increase over last year, the mid-year number is significantly lower than the 34 reported homicides by mid-2017.\u003c/p>\n\u003cp>\"These things, they get in our head,\" Scott said, referring to videos capturing violent crime and circulating on social media. \"And people start to believe that that is our city. But that is not our city.\"\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='sfpd']Fears of rising crime have also driven calls to remove San Francisco \u003ca href=\"https://www.kqed.org/news/11786689/chesa-boudin-not-your-average-district-attorney\">District Attorney Chesa Boudin\u003c/a> from office. Those behind the effort to remove him from his position have said Boudin's \u003ca href=\"https://www.sfexaminer.com/news/data-shows-chesa-boudin-prosecutes-fewer-shoplifters-than-predecessor/\">progressive approach\u003c/a> to the office gives criminals the green light to commit crimes in the city.\u003c/p>\n\u003cp>\"Look at the facts,\" Boudin said about those calling for his removal. \"The numbers are something that my office, the Police Department and all of San Francisco should be proud of.\"\u003c/p>\n\u003cp>John Hamasaki, a public defender and San Francisco police commissioner who supports Boudin, said the anxiety around the pandemic and heightened calls for police accountability after the murder of George Floyd by a Minneapolis police officer created a \"perfect storm\" of fear exploited by right-wing media and conservatives.\u003c/p>\n\u003cp>\"Unfortunately, I think the press conference today was probably a necessary way of pushing back on that and saying, well, that's terrible that people feel that way,\" Hamasaki said. \"But let's take a moment, let's step back, and let's look at the facts. Let's look at what we know, and then coming up with strategies for the crime that does exist.\"\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco city leaders say the prevailing perception that crime is running rampant — a key argument behind an effort to remove District Attorney Chesa Boudin from office — doesn't quite square with the statistics. \u003c/p>\n\u003cp>Robbery, rape and larceny theft are down, according to the San Francisco Police Department's \u003ca href=\"https://s3.documentcloud.org/documents/20988259/2021-june-compstat.pdf\">mid-year report\u003c/a> on public safety statistics. Thefts, including those at retail stores, are down by 9% compared to this time last year, according to the report.\u003c/p>\n\u003cp>\"Not every crime is reported, but we can only go by what we know: It's been a steady decrease,\" said SFPD Police Chief Bill Scott. \"The statistics are counter to the narrative.\"\u003c/p>\n\u003cp>Scott, who presented the data with Mayor London Breed at a press conference Monday, said viral videos and news coverage of crime in San Francisco are contributing to a false perception of lawlessness.\u003c/p>\n\u003cp>\"We know that numbers don't matter when you're a victim of a crime, any crime, in any capacity,\" said Breed. \"But at the end of the day, we have to use this data to make a decision about our policies and our investments.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Fears of rising crime have also driven calls to remove San Francisco \u003ca href=\"https://www.kqed.org/news/11786689/chesa-boudin-not-your-average-district-attorney\">District Attorney Chesa Boudin\u003c/a> from office. Those behind the effort to remove him from his position have said Boudin's \u003ca href=\"https://www.sfexaminer.com/news/data-shows-chesa-boudin-prosecutes-fewer-shoplifters-than-predecessor/\">progressive approach\u003c/a> to the office gives criminals the green light to commit crimes in the city.\u003c/p>\n\u003cp>\"Look at the facts,\" Boudin said about those calling for his removal. \"The numbers are something that my office, the Police Department and all of San Francisco should be proud of.\"\u003c/p>\n\u003cp>John Hamasaki, a public defender and San Francisco police commissioner who supports Boudin, said the anxiety around the pandemic and heightened calls for police accountability after the murder of George Floyd by a Minneapolis police officer created a \"perfect storm\" of fear exploited by right-wing media and conservatives.\u003c/p>\n\u003cp>\"Unfortunately, I think the press conference today was probably a necessary way of pushing back on that and saying, well, that's terrible that people feel that way,\" Hamasaki said. \"But let's take a moment, let's step back, and let's look at the facts. Let's look at what we know, and then coming up with strategies for the crime that does exist.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Lawsuits filed Monday in California seek potential class-action damages from Dow Chemical and its successor company over a widely used bug killer linked to brain damage in children.\u003c/p>\n\u003cp>Chlorpyrifos is approved for use on more than 80 crops, including oranges, berries, grapes, soybeans, almonds and walnuts, though California banned sales of the pesticide last year and spraying of it this year. Some other states, including New York, have moved to ban it.\u003c/p>\n\u003cp>Stuart Calwell, lead attorney in the lawsuits, argued that its effects linger in Central Valley agricultural communities contaminated by chlorpyrifos during decades of use, with measurable levels still found in his clients’ homes.\u003c/p>\n\u003cp>Lawyers project that at least 100,000 homes in California may need to dispose of most of their belongings because they are contaminated with the pesticide.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Stuart Calwell, lead attorney\"]‘We have found it in the houses, we have found it in carpet, in upholstered furniture, we found it in a teddy bear, and we found it on the walls and surfaces. Then a little child picks up a teddy bear and holds on to it.’[/pullquote]\u003c/p>\n\u003cp>“We have found it in the houses, we have found it in carpet, in upholstered furniture, we found it in a teddy bear, and we found it on the walls and surfaces,” Calwell said. “Then a little child picks up a teddy bear and holds on to it.”\u003c/p>\n\u003cp>All that needs to be cleaned up, he says, because “it’s not going away on its own.”\u003c/p>\n\u003cp>State records show 61 million pounds of the pesticide were applied from 1974 through 2017 in four counties where the lawsuits were filed, Calwell said.\u003c/p>\n\u003cp>Officials with Dow and its affiliated Corteva Inc. did not immediately respond to telephone and email requests seeking comment.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>Corteva stopped producing the pesticide last year. The Delaware-based company was created after a merger of Dow Chemical and DuPont and had been the world’s largest manufacturer of chlorpyrifos. The company has said it believes the product is safe and said it stopped production because of declining sales.\u003c/p>\n\u003cp>Scientific studies have shown that chlorpyrifos damages the brains of fetuses and children. It was first used in 1965 but was banned for household use in 2001.\u003c/p>\n\u003cp>The U.S. Environmental Protection Agency is weighing whether to ban the product or declare it safe, including for infants and children. The 9th U.S. Circuit Court of Appeals in April ordered the EPA to make a decision after studying the product for more than a decade. The Trump administration had halted the rule-making process. [aside tag=\"pesticide\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>The lawsuits were filed on behalf of people in Fresno, Kings, Madera and Tulare counties, though Calwell said they are a precursor to seeking class-action status. Aside from Dow-related companies, they name various farming companies they say applied the chemical near the plaintiffs’ homes.\u003c/p>\n\u003cp>In each case, the plaintiffs are parents suing on behalf of children who suffer from severe neurological injuries that the lawsuits blame on their exposure to the chemical while they were in the womb or when they were very young.\u003c/p>\n\u003cp>Aside from nearby spraying, the lawsuits say the parent, relatives or others in frequent contact with the child worked in the fields or packing plants and became contaminated with the chemical that they passed on to the child.\u003c/p>\n\u003cp>Calwell filed related lawsuits last fall on behalf of farmworkers who his firm said “spent years marinating in the pesticide.”\u003c/p>\n\u003cp>The first of those related lawsuits blames chlorpyrifos for causing autism, cognitive and intellectual disabilities in a now-teenager born in 2003.\u003c/p>\n\u003cp>The teen’s father worked spraying pesticides on farm fields, and his mother packed what the lawsuit says was chlorpyrifos-covered produce in a facility surrounded by fields treated with the pesticide, often applied by aerial spraying.\u003c/p>\n\u003cp>Calwell similarly sued Monsanto for damages he alleged it caused to homes in Nitro, West Virginia, with its use of dioxin to make the defoliant known during the Vietnam War era as Agent Orange.\u003c/p>\n\u003cp>That case settled for $93 million, with Monsanto paying to decontaminate 4,500 homes, a fraction of those that he alleges in California will require more extensive decontamination followed by medical monitoring.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawsuits filed Monday in California seek potential class-action damages from Dow Chemical and its successor company over a widely used bug killer linked to brain damage in children.\u003c/p>\n\u003cp>Chlorpyrifos is approved for use on more than 80 crops, including oranges, berries, grapes, soybeans, almonds and walnuts, though California banned sales of the pesticide last year and spraying of it this year. Some other states, including New York, have moved to ban it.\u003c/p>\n\u003cp>Stuart Calwell, lead attorney in the lawsuits, argued that its effects linger in Central Valley agricultural communities contaminated by chlorpyrifos during decades of use, with measurable levels still found in his clients’ homes.\u003c/p>\n\u003cp>Lawyers project that at least 100,000 homes in California may need to dispose of most of their belongings because they are contaminated with the pesticide.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The lawsuits were filed on behalf of people in Fresno, Kings, Madera and Tulare counties, though Calwell said they are a precursor to seeking class-action status. Aside from Dow-related companies, they name various farming companies they say applied the chemical near the plaintiffs’ homes.\u003c/p>\n\u003cp>In each case, the plaintiffs are parents suing on behalf of children who suffer from severe neurological injuries that the lawsuits blame on their exposure to the chemical while they were in the womb or when they were very young.\u003c/p>\n\u003cp>Aside from nearby spraying, the lawsuits say the parent, relatives or others in frequent contact with the child worked in the fields or packing plants and became contaminated with the chemical that they passed on to the child.\u003c/p>\n\u003cp>Calwell filed related lawsuits last fall on behalf of farmworkers who his firm said “spent years marinating in the pesticide.”\u003c/p>\n\u003cp>The first of those related lawsuits blames chlorpyrifos for causing autism, cognitive and intellectual disabilities in a now-teenager born in 2003.\u003c/p>\n\u003cp>The teen’s father worked spraying pesticides on farm fields, and his mother packed what the lawsuit says was chlorpyrifos-covered produce in a facility surrounded by fields treated with the pesticide, often applied by aerial spraying.\u003c/p>\n\u003cp>Calwell similarly sued Monsanto for damages he alleged it caused to homes in Nitro, West Virginia, with its use of dioxin to make the defoliant known during the Vietnam War era as Agent Orange.\u003c/p>\n\u003cp>That case settled for $93 million, with Monsanto paying to decontaminate 4,500 homes, a fraction of those that he alleges in California will require more extensive decontamination followed by medical monitoring.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "Will California’s Ban on For-Profit Immigration Detention and Prisons Survive Biden Opposition?",
"title": "Will California’s Ban on For-Profit Immigration Detention and Prisons Survive Biden Opposition?",
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"content": "\u003cp>After complaining of pain over the course of a year, a 44-year-old man bled to death while detained by U.S. Immigration and Customs Enforcement at a facility near Adelanto, California. He hadn’t been seen by a doctor until a month before he died at a hospital, with “widespread” signs of cancer.\u003c/p>\n\u003cp>A gay man reported enduring sexual harassment by guards, including during showers, at an ICE detention center near San Diego, which has one of the highest numbers of sexual assault complaints in the country.\u003c/p>\n\u003cp>And at an ICE facility near Bakersfield, an asylum seeker suffered a miscarriage after falling on her stomach while shackled at her feet and hands. She didn’t receive any gynecological or mental health care after she lost her baby, she said.\u003c/p>\n\u003cp>The incidents all happened at immigration detention centers run by for-profit companies, according to court records submitted by supporters of a recent California law that aims to phase out the use of privately operated prisons and immigration detention facilities across the state.\u003c/p>\n\u003cp>President Biden has \u003ca href=\"https://joebiden.com/immigration/\">pledged\u003c/a> to end for-profit detention in the U.S., arguing that businesses should not profit from people’s suffering. But his administration has fought the California law in court, pursuing a legal challenge filed by the Trump administration days after the law, Assembly Bill 32, went into effect last year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nearly all ICE detainees in California are jailed at facilities run by three prison companies: the GEO Group, CoreCivic, and Management & Training Corporation.\u003c/p>\n\u003cp>The GEO Group has also sued to invalidate the state law. GEO estimates it could lose more than $4 billion in capital investment and future revenue under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB32\">AB 32\u003c/a>, which outlaws the operation of private detention facilities in California after their current contracts expire.\u003c/p>\n\u003cp>If the first-of-its-kind California ban survives in court, it could be a model that transforms the private prison and immigration detention business in other states as well, said California Attorney General Rob Bonta.\u003c/p>\n\u003cp>“This is a case with a lot of national significance,” said Bonta, who authored AB 32 as a state assemblymember.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Rob Bonta, California attorney general\"]'It was always the hope that others would replicate what California has done and also ban for-profit private prisons and detention centers, which are inhumane, unjust, unsafe, unfair, and which allow for literally Wall Street-owned corporations to profiteer on the backs of people.'[/pullquote]\u003c/p>\n\u003cp>“It was always the hope that others would replicate what California has done and also ban for-profit private prisons and detention centers, which are inhumane, unjust, unsafe, unfair, and which allow for literally Wall Street-owned corporations to profiteer on the backs of people,” he added.\u003c/p>\n\u003cp>California argues that privately run facilities pose an “unacceptable danger” to detainees and that the state has the right to protect the safety and well-being of its residents.\u003c/p>\n\u003cp>Last fall, a district judge in San Diego largely upheld AB 32, with an \u003ca href=\"https://www.ilrc.org/major-defeat-ice-geo-court-upholds-ab-32\">exception\u003c/a> for the U.S. Marshals Service.\u003c/p>\n\u003cp>The GEO Group and the U.S. Department of Justice appealed U.S. District Judge Janis Sammartino’s ruling, stating that AB 32 cripples the federal government’s authority to house federal inmates and immigrant detainees in California.\u003c/p>\n\u003cp>“The Supreme Court, this court and other courts have held that restrictions on the government's ability to carry out its operations using contractors are impermissible when they are far less intrusive than this case,” U.S. Department of Justice attorney Mark Stern told a three-judge panel at the 9th U.S. Circuit Court of Appeals in Pasadena last month.\u003c/p>\n\u003cp>A few days after the hearing, Southern California Rep. Norma Torres, D-Pomona, and two dozen other members of Congress urged U.S. Attorney General Merrick Garland to abandon the legal challenge against AB 32.\u003c/p>\n\u003cp>Continuing the appeal puts the U.S. Department of Justice “in the way of President Biden’s stated goal to ensure that the federal government does not use private facilities for incarceration,” the lawmakers wrote in their \u003ca href=\"https://torres.house.gov/sites/torres.house.gov/files/documents/Letter%20to%20DOJ%20on%20AB32.pdf\">letter\u003c/a>.\u003c/p>\n\u003cp>“It’s important for me to stand in support of the California law and the wishes of our state,” Torres told KQED. “They should immediately drop this lawsuit ... Biden very much campaigned against this very issue.”\u003c/p>\n\u003cp>At a rally in Georgia to celebrate his first 100 days in office, Biden reiterated his campaign pledge after protesters interrupted his speech screaming, “End detention now! End detention now!”\u003c/p>\n\u003cp>“There should be no private prisons, period,” Biden told the crowd. “That's what they're talking about — private detention centers. They should not exist. And we are working to close all of them.”\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"for-profit-prisons\"]\u003c/p>\n\u003cp>The president has \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/\">ordered\u003c/a> the U.S. Department of Justice to phase out its use of private prisons for criminal offenders, but he left out for-profit immigration detention centers, which account for \u003ca href=\"https://www.npr.org/2021/04/01/982815269/beyond-the-border-fewer-immigrants-being-locked-up-but-ice-still-pays-for-empty-\">roughly 80%\u003c/a> of ICE’s detention beds.\u003c/p>\n\u003cp>Meanwhile, the Biden administration has requested Congress appropriate \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/dhs_bib_-_web_version_-_final_508.pdf\">$1.8 billion\u003c/a> for ICE to keep 32,500 detention beds nationwide, just 4% fewer than what was enacted last year under former President Donald Trump.\u003c/p>\n\u003cp>“This ensures apprehended noncitizens subject to removal from the United States are held in safe and secure facilities pending their immigration proceedings,” said the budget summary by the Department of Homeland Security, which oversees ICE.\u003c/p>\n\u003cp>As of July 8, ICE detained more than 27,200 people nationwide, nearly double the number locked up when Biden took office. More than four out of five of those immigrants do not have a criminal conviction, according to the most recent agency \u003ca href=\"https://www.ice.gov/detain/detention-management\">figures\u003c/a>.\u003c/p>\n\u003cp>Biden’s seeming lack of action so far to dismantle the private immigration detention system worries AB 32 supporters like Jackie Gonzalez, who directs policy for Immigrant Defense Advocates in Sacramento.\u003c/p>\n\u003cp>“He has the opportunity to reverse course. But thus far, his behavior has been a betrayal for the immigrant community,” said Gonzalez, whose organization pushed for the passage of AB 32. “His decision to side with private prison companies by continuing to pursue Trump's litigation against the state of California, and failing to make good on his campaign promises is something that no one is going to forget.”\u003c/p>\n\u003cp>Congresswoman Torres and state Attorney General Bonta said it’s still early in the president’s tenure. They hope the Biden administration will work with California on this issue and consider more alternatives — such as \u003ca href=\"https://www.vera.org/publications/appearance-assistance-program-fact-sheet\">case management\u003c/a> programs and ankle monitors — to jailing immigrants for the civil violation of not having valid immigration papers.\u003c/p>\n\u003cp>“These are civil cases, and folks don't need to be detained at all,” said Bonta. “They can come to all of their hearings and go through whatever process is part of their individualized case without being detained and without taxpayers wasting resources on locking people up in cages.”\u003c/p>\n\u003cp>Immigration authorities contend that the use of private contractors provides ICE needed flexibility to increase or decrease detention space, as the population of detainees can fluctuate greatly.\u003c/p>\n\u003cp>During the COVID-19 pandemic, the number of people immigration authorities jailed dropped significantly, as ICE officials and immigration judges ordered the release of thousands of people nationwide, in part because of the high risk of virus transmission at detention centers.\u003c/p>\n\u003cp>In August 2019, the Trump administration locked up more than 55,000 immigrants nationwide on any given day, an all-time high. But that number fell to about 15,000 at the end of Trump’s term.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Jackie Gonzalez, Immigrant Defense Advocates\"]'Biden's decision to side with private prison companies by continuing to pursue Trump's litigation against the state of California, and failing to make good on his campaign promises is something that no one is going to forget.'[/pullquote]\u003c/p>\n\u003cp>“ICE is continually reviewing its detention requirements and exploring options that afford the agency the operational flexibility needed to house the full range of individuals that may be in the agency’s custody,” said an ICE spokesperson in a statement.\u003c/p>\n\u003cp>The White House and the U.S. Department of Justice did not return requests for comment.\u003c/p>\n\u003cp>Since Gov. Gavin Newsom signed AB 32 into law in the fall of 2019, ICE’s capacity to detain immigrants at privately run facilities has increased in California by about 45% to nearly 7,200 beds.\u003c/p>\n\u003cp>That’s because, in the less than three months before the law went into effect, ICE issued a solicitation for several “turnkey” facilities and awarded contracts to for-profit companies totaling \u003ca href=\"https://www.kqed.org/news/11792302/ice-poised-to-sign-new-for-profit-detention-contracts-before-californias-ban-begins\">$6.5 billion.\u003c/a> The contracts also extend for as long as 15 years, much longer than typical immigration detention agreements.\u003c/p>\n\u003cp>Then-Sen. Kamala Harris and other members of Congress wrote to the agency questioning whether those contracts violated federal procurement laws, which are designed to protect taxpayer dollars by promoting competition among potential vendors.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Vice President Harris’ office did not return requests for comment for this story.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After complaining of pain over the course of a year, a 44-year-old man bled to death while detained by U.S. Immigration and Customs Enforcement at a facility near Adelanto, California. He hadn’t been seen by a doctor until a month before he died at a hospital, with “widespread” signs of cancer.\u003c/p>\n\u003cp>A gay man reported enduring sexual harassment by guards, including during showers, at an ICE detention center near San Diego, which has one of the highest numbers of sexual assault complaints in the country.\u003c/p>\n\u003cp>And at an ICE facility near Bakersfield, an asylum seeker suffered a miscarriage after falling on her stomach while shackled at her feet and hands. She didn’t receive any gynecological or mental health care after she lost her baby, she said.\u003c/p>\n\u003cp>The incidents all happened at immigration detention centers run by for-profit companies, according to court records submitted by supporters of a recent California law that aims to phase out the use of privately operated prisons and immigration detention facilities across the state.\u003c/p>\n\u003cp>President Biden has \u003ca href=\"https://joebiden.com/immigration/\">pledged\u003c/a> to end for-profit detention in the U.S., arguing that businesses should not profit from people’s suffering. But his administration has fought the California law in court, pursuing a legal challenge filed by the Trump administration days after the law, Assembly Bill 32, went into effect last year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nearly all ICE detainees in California are jailed at facilities run by three prison companies: the GEO Group, CoreCivic, and Management & Training Corporation.\u003c/p>\n\u003cp>The GEO Group has also sued to invalidate the state law. GEO estimates it could lose more than $4 billion in capital investment and future revenue under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB32\">AB 32\u003c/a>, which outlaws the operation of private detention facilities in California after their current contracts expire.\u003c/p>\n\u003cp>If the first-of-its-kind California ban survives in court, it could be a model that transforms the private prison and immigration detention business in other states as well, said California Attorney General Rob Bonta.\u003c/p>\n\u003cp>“This is a case with a lot of national significance,” said Bonta, who authored AB 32 as a state assemblymember.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'It was always the hope that others would replicate what California has done and also ban for-profit private prisons and detention centers, which are inhumane, unjust, unsafe, unfair, and which allow for literally Wall Street-owned corporations to profiteer on the backs of people.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It was always the hope that others would replicate what California has done and also ban for-profit private prisons and detention centers, which are inhumane, unjust, unsafe, unfair, and which allow for literally Wall Street-owned corporations to profiteer on the backs of people,” he added.\u003c/p>\n\u003cp>California argues that privately run facilities pose an “unacceptable danger” to detainees and that the state has the right to protect the safety and well-being of its residents.\u003c/p>\n\u003cp>Last fall, a district judge in San Diego largely upheld AB 32, with an \u003ca href=\"https://www.ilrc.org/major-defeat-ice-geo-court-upholds-ab-32\">exception\u003c/a> for the U.S. Marshals Service.\u003c/p>\n\u003cp>The GEO Group and the U.S. Department of Justice appealed U.S. District Judge Janis Sammartino’s ruling, stating that AB 32 cripples the federal government’s authority to house federal inmates and immigrant detainees in California.\u003c/p>\n\u003cp>“The Supreme Court, this court and other courts have held that restrictions on the government's ability to carry out its operations using contractors are impermissible when they are far less intrusive than this case,” U.S. Department of Justice attorney Mark Stern told a three-judge panel at the 9th U.S. Circuit Court of Appeals in Pasadena last month.\u003c/p>\n\u003cp>A few days after the hearing, Southern California Rep. Norma Torres, D-Pomona, and two dozen other members of Congress urged U.S. Attorney General Merrick Garland to abandon the legal challenge against AB 32.\u003c/p>\n\u003cp>Continuing the appeal puts the U.S. Department of Justice “in the way of President Biden’s stated goal to ensure that the federal government does not use private facilities for incarceration,” the lawmakers wrote in their \u003ca href=\"https://torres.house.gov/sites/torres.house.gov/files/documents/Letter%20to%20DOJ%20on%20AB32.pdf\">letter\u003c/a>.\u003c/p>\n\u003cp>“It’s important for me to stand in support of the California law and the wishes of our state,” Torres told KQED. “They should immediately drop this lawsuit ... Biden very much campaigned against this very issue.”\u003c/p>\n\u003cp>At a rally in Georgia to celebrate his first 100 days in office, Biden reiterated his campaign pledge after protesters interrupted his speech screaming, “End detention now! End detention now!”\u003c/p>\n\u003cp>“There should be no private prisons, period,” Biden told the crowd. “That's what they're talking about — private detention centers. They should not exist. And we are working to close all of them.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The president has \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/executive-order-reforming-our-incarceration-system-to-eliminate-the-use-of-privately-operated-criminal-detention-facilities/\">ordered\u003c/a> the U.S. Department of Justice to phase out its use of private prisons for criminal offenders, but he left out for-profit immigration detention centers, which account for \u003ca href=\"https://www.npr.org/2021/04/01/982815269/beyond-the-border-fewer-immigrants-being-locked-up-but-ice-still-pays-for-empty-\">roughly 80%\u003c/a> of ICE’s detention beds.\u003c/p>\n\u003cp>Meanwhile, the Biden administration has requested Congress appropriate \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/dhs_bib_-_web_version_-_final_508.pdf\">$1.8 billion\u003c/a> for ICE to keep 32,500 detention beds nationwide, just 4% fewer than what was enacted last year under former President Donald Trump.\u003c/p>\n\u003cp>“This ensures apprehended noncitizens subject to removal from the United States are held in safe and secure facilities pending their immigration proceedings,” said the budget summary by the Department of Homeland Security, which oversees ICE.\u003c/p>\n\u003cp>As of July 8, ICE detained more than 27,200 people nationwide, nearly double the number locked up when Biden took office. More than four out of five of those immigrants do not have a criminal conviction, according to the most recent agency \u003ca href=\"https://www.ice.gov/detain/detention-management\">figures\u003c/a>.\u003c/p>\n\u003cp>Biden’s seeming lack of action so far to dismantle the private immigration detention system worries AB 32 supporters like Jackie Gonzalez, who directs policy for Immigrant Defense Advocates in Sacramento.\u003c/p>\n\u003cp>“He has the opportunity to reverse course. But thus far, his behavior has been a betrayal for the immigrant community,” said Gonzalez, whose organization pushed for the passage of AB 32. “His decision to side with private prison companies by continuing to pursue Trump's litigation against the state of California, and failing to make good on his campaign promises is something that no one is going to forget.”\u003c/p>\n\u003cp>Congresswoman Torres and state Attorney General Bonta said it’s still early in the president’s tenure. They hope the Biden administration will work with California on this issue and consider more alternatives — such as \u003ca href=\"https://www.vera.org/publications/appearance-assistance-program-fact-sheet\">case management\u003c/a> programs and ankle monitors — to jailing immigrants for the civil violation of not having valid immigration papers.\u003c/p>\n\u003cp>“These are civil cases, and folks don't need to be detained at all,” said Bonta. “They can come to all of their hearings and go through whatever process is part of their individualized case without being detained and without taxpayers wasting resources on locking people up in cages.”\u003c/p>\n\u003cp>Immigration authorities contend that the use of private contractors provides ICE needed flexibility to increase or decrease detention space, as the population of detainees can fluctuate greatly.\u003c/p>\n\u003cp>During the COVID-19 pandemic, the number of people immigration authorities jailed dropped significantly, as ICE officials and immigration judges ordered the release of thousands of people nationwide, in part because of the high risk of virus transmission at detention centers.\u003c/p>\n\u003cp>In August 2019, the Trump administration locked up more than 55,000 immigrants nationwide on any given day, an all-time high. But that number fell to about 15,000 at the end of Trump’s term.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'Biden's decision to side with private prison companies by continuing to pursue Trump's litigation against the state of California, and failing to make good on his campaign promises is something that no one is going to forget.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“ICE is continually reviewing its detention requirements and exploring options that afford the agency the operational flexibility needed to house the full range of individuals that may be in the agency’s custody,” said an ICE spokesperson in a statement.\u003c/p>\n\u003cp>The White House and the U.S. Department of Justice did not return requests for comment.\u003c/p>\n\u003cp>Since Gov. Gavin Newsom signed AB 32 into law in the fall of 2019, ICE’s capacity to detain immigrants at privately run facilities has increased in California by about 45% to nearly 7,200 beds.\u003c/p>\n\u003cp>That’s because, in the less than three months before the law went into effect, ICE issued a solicitation for several “turnkey” facilities and awarded contracts to for-profit companies totaling \u003ca href=\"https://www.kqed.org/news/11792302/ice-poised-to-sign-new-for-profit-detention-contracts-before-californias-ban-begins\">$6.5 billion.\u003c/a> The contracts also extend for as long as 15 years, much longer than typical immigration detention agreements.\u003c/p>\n\u003cp>Then-Sen. Kamala Harris and other members of Congress wrote to the agency questioning whether those contracts violated federal procurement laws, which are designed to protect taxpayer dollars by promoting competition among potential vendors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Vice President Harris’ office did not return requests for comment for this story.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "'On Our Watch' Litigation Reveals New Details in Police Shooting of Oscar Grant",
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"headTitle": "‘On Our Watch’ Litigation Reveals New Details in Police Shooting of Oscar Grant | KQED",
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"content": "\u003cp>Rev. Wanda Johnson sits down on a folding chair in her driveway on a hot afternoon in June. There’s no air conditioning inside, so she’s fashioned an outside office, and pulls her chair up to a small table where a computer is perched. She’s getting ready to listen to excerpts of nearly 60 hours of newly released tapes — recordings of a police investigation that have been secret for over a decade. On those tapes is a story that’s never been fully heard before: the story of what happened after a transit cop shot her son on a Bay Area Rapid Transit platform on New Year’s Day 2009.\u003c/p>\n\u003cp>One of the first police shootings to be captured on cell phone, millions saw BART police Officer Johannes Mehserle fire a single, fatal gunshot into Oscar Grant’s back as the 22-year-old lay face down on the train station platform. The event would later be depicted in the movie “Fruitvale Station,” in which Michael B. Jordan plays Grant on what would be the last day of his life.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rev. Wanda Johnson, Oscar Grant's mother\"]‘Oscar wasn’t the first. Definitely will not be the last.’[/pullquote]But until now, no one outside the agency has actually heard what happened after the cell phone video ended. A lawsuit filed by KQED earlier this year forced BART to comply with California’s “The Right to Know Act,” a 2019 police transparency law, and release the never-before-heard tapes. The subject of a new podcast by NPR and KQED, \u003cem>On Our Watch\u003c/em>, the tapes allow listeners inside that investigation for the first time, and may provide lessons for larger failings about the system that promises to hold police accountable.\u003c/p>\n\u003cp>It has long been clear that BART made significant missteps in the investigation of Grant’s shooting, and in the aftermath of the incident the Police Chief and two commanders retired. Mehserle would be convicted of involuntary manslaughter and serve 11 months in jail. But the long-secret files focus new attention on former BART police Officer Anthony “Tony” Pirone, who was fired for his actions on the platform but never criminally charged.\u003c/p>\n\u003cp>Pirone was the first officer to respond to a call about a fight on the train crowded with people celebrating New Year’s. When Pirone stopped a group of young men on the platform, Grant and his friend Michael Greer jumped back on the train. Pirone removed Greer from the train and threw him on the ground. After Grant tried to stand up to intervene, Pirone repeatedly hit Grant. The crowd began yelling at Pirone and his partner, objecting to their handling of the situation.\u003c/p>\n\u003cfigure id=\"attachment_11880661\" class=\"wp-caption alignright\" style=\"max-width: 321px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11880661\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1020x1360.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-160x213.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1152x1536.jpg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1536x2048.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-scaled.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant’s mother Rev. Wanda Johnson listens during a press conference in Oakland on Monday, Jan. 11, 2021, after Alameda County District Attorney Nancy O’Malley announced she would not file new charges against BART police Officer Anthony Pirone. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Five more BART officers, including Johannes Mehserle, responded to calls for backup. Mehserle attempted to handcuff Grant as Pirone held Grant down with his knee. When he could not get Grant’s hands, Mehserle pulled out his gun.\u003c/p>\n\u003cp>Within seven minutes of Pirone arriving on the platform, Oscar Grant was fatally shot.\u003c/p>\n\u003cp>“Nothing happened to him and that’s what’s so disheartening and so upsetting to me. This man (started) an event that spiraled out of control, (and) caused my son to lose his life,” Johnson says, as she listens to the tapes.\u003c/p>\n\u003cp>Neither Mehserle nor Pirone agreed to comment for this story.\u003c/p>\n\u003ch3>‘Close Personal Relationship’\u003c/h3>\n\u003cp>The internal documents and tapes show that BART’s criminal investigators and leaders repeatedly missed opportunities to question officers, limiting the scope and potentially the outcome of both the criminal and administrative investigations.\u003c/p>\n\u003cp>Just after the shot was fired, BART police officers put out a call for medical assistance and backup over the radio. What they didn’t broadcast was that an officer was the shooter.\u003c/p>\n\u003cp>“I had to basically put two and two together and figure out it was an officer-involved shooting on my own,” one Oakland police officer would later tell investigators.\u003c/p>\n\u003cp>The BART detective who responded to the initial call, Joel Enriquez, also had to wait for another officer to clarify that the incident was a police shooting. Enriquez can be heard in recordings from that night telling another officer that he wished he could review the policy manual so he could be better prepared to investigate the incident.\u003c/p>\n\u003cp>Enriquez was also close to two of the primary officers involved in the incident, Johannes Mehserle and Tony Pirone.\u003c/p>\n\u003cp>“I would like to put it on record that I have a close, personal and working relationship with you, Tony,” Enriquez, addressing Pirone, said on the Jan. 1, 2009, tape, recorded less than an hour after Grant died in an Oakland hospital. “And I want to make sure that you’re okay with me interviewing you.”\u003c/p>\n\u003cp>“Yeah, I’m fine with that,” Pirone replied.\u003c/p>\n\u003cp>In the initial interview with Pirone, Enriquez fails to ask key questions about the officer’s repeated use of force, and does not challenge or ask Pirone to explain his assertion that he was himself on the verge of using deadly force and in fear for his life.\u003c/p>\n\u003cp>Enriquez did not respond to requests for comment.\u003c/p>\n\u003cp>Pirone’s partner, Officer Marysol Domenici, told investigators that she felt the crowd on the platform was so threatening after Mehserle shot Grant that she was ready to open fire herself.\u003c/p>\n\u003cp>“That’s when I knew, you know, it’s us or them — the crowd,” she said during a Jan. 7, 2009, interview. Because she only had two taser cartridges, she said, she thought she’d have to “start shooting people… I started thinking, Jesus, I’m going to have to do this.”\u003c/p>\n\u003cp>The outside law firm BART hired to take over the internal affairs inquiry later concluded that both officers exaggerated or lied about their level of fear during the incident in an attempt to justify their actions. Both were fired, though Domenici won her job back after an appeal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>A Strategic Decision\u003c/h3>\n\u003cp>Just a week into the shooting inquiry, BART investigators did start to raise questions about Pirone’s violent behavior, police reports show.\u003c/p>\n\u003cp>In one report, BART Police Commander Maria White noted that eight days after the killing, one of the department’s internal affairs investigators, Sgt. David Chlebowski, alerted her to a witness video on a local TV website.\u003c/p>\n\u003cp>Sgt. Chlebowski and several unnamed BART detectives, “voiced concern” over Pirone’s actions depicted in the tape, White wrote.\u003c/p>\n\u003cp>But she “told the detective unit members that their primary focus was the homicide investigation,” delaying a probe into Pirone’s actions, police records show.\u003c/p>\n\u003cp>She waited a month — until several days after BART obtained a copy of the video from the Alameda County District Attorney’s Office — before ordering BART Det. Alan Fueng to open a criminal investigation into Pirone’s use of force.\u003c/p>\n\u003cp>In subsequent police reports, Fueng described interviewing Pirone and his partner, Domenici, the night of the shooting.\u003c/p>\n\u003cp>The result of his inquiry was a “brief summary report.” On March 20, 2009, the report was submitted, “without recommendation,” to the D.A.’s Office “for their review and disposition.” Pirone was never charged.\u003c/p>\n\u003cfigure id=\"attachment_11880665\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11880665\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg\" alt=\"\" width=\"800\" height=\"561\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-1020x716.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-1536x1078.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protestors lay on the ground and yell “don’t shoot” in a demonstration held outside Oakland City Hall on January 14, 2009, to protest the police killing of Oscar Grant. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alameda County District Attorney Nancy O’Malley said in an interview with KQED and NPR that not charging Pirone was a strategic decision. Her office wanted to build the strongest possible case against Mehserhle, which meant using Pirone as a witness, she explained.\u003c/p>\n\u003cp>“He was a key witness in this because he started the whole thing,” she said.\u003c/p>\n\u003cp>In February 2009, under intense public pressure, BART hired an outside law firm called Meyers Nave to do an internal affairs investigation of the incident.\u003c/p>\n\u003cp>BART’s board decided to hire Meyers Nave “because it felt it was critical that the public would have confidence in an independent investigation conducted by a well-respected, experienced law firm,” according to a statement from a spokeswoman.\u003c/p>\n\u003cp>The Meyers Nave report, which was unsealed by “The Right to Know” Act or Senate Bill 1421 in 2019, found that Pirone’s aggressive behavior on the platform broke policy and escalated the situation, rather than taking control of the situation in a way that ensured public safety.\u003c/p>\n\u003cp>The tapes show that Meyers Nave investigators asked Pirone to explain why he used racial epithets in an exchange with Grant.\u003c/p>\n\u003cp>“I specifically remember him telling me about his 4-year-old daughter and how he respects the police. I said, ‘Then why are you giving us a bad time?'” Pirone said to Meyers Nave investigators. “That’s when he says, well, ‘You’re a bitch ass n*****.’ And I said, ‘You’re calling me a bitch ass n*****, you know, that type of thing. And he said, ‘yeah.’ And then I said, ‘Bitch ass, n***** huh?’ I think that’s when Mehserle comes over and pushes him down.”\u003c/p>\n\u003cp>“Pirone was, in large part, responsible for setting the events in motion that created a chaotic and tense situation on the platform, setting the stage, even if inadvertent, for the shooting of Oscar Grant,” the report found.\u003c/p>\n\u003cp>Meyers Nave also found that Pirone’s statements about his grounds for detaining Grant, his own actions and uses of force shifted across multiple interviews and were contradicted by witness and video evidence.\u003c/p>\n\u003cp>Based on this report, Pirone was fired.\u003c/p>\n\u003cp>Pirone is currently serving the California Army National Guard. He’s a Special Forces Communications Sergeant.\u003c/p>\n\u003cp>“Pirone is a highly decorated soldier with many awards and has been in the military since 1997,” a spokesman for the National Guard wrote in an email. He declined to answer further questions.\u003c/p>\n\u003ch3>‘I Thought He Had a Gun’\u003c/h3>\n\u003cp>The recordings also refocus attention on Mehserle’s controversial explanation for the shooting and his ultimate defense at trial — that he meant to draw a taser, not his semiautomatic pistol, and that the shooting was unintentional. (Both Pirone and Carlos Reyes, one of the men detained on the platform, later said they heard Mehserle announce he was going to tase Grant.)\u003c/p>\n\u003cp>At Mehserle’s criminal trial, the jury believed his explanation and convicted him of involuntary manslaughter.\u003c/p>\n\u003cp>But the Meyers Nave report, released in 2019 after the passage of Senate Bill 1421, came to a different conclusion.\u003c/p>\n\u003cp>“He can be seen trying to draw (his gun) at least two times and on the final occasion can be seen looking back at his hand on the gun/holster to watch the gun come out,” it reads. When Mehserle fired, the report found, Oscar Grant had his hands behind his back.\u003c/p>\n\u003cp>Mehserle’s lawyer Michael Rains disputed this finding in an interview with NPR and KQED, calling the Meyers Nave analysis “flawed” and based on a single frame of video.\u003c/p>\n\u003cp>“That’s probably one one thousandth of a second,” Rains said. “He doesn’t process, ‘I’m looking at my gun.’ That’s ridiculous.”\u003c/p>\n\u003cp>But the newly-released records also include statements of BART officers whom Mehserle confided in after the shooting. They tell investigators Mehserle said he believed Grant was going for a gun and never mentioned his taser.\u003c/p>\n\u003cp>Terry Foreman, a senior BART police officer who served as emotional support for Mehserle in the hours after the shooting, told investigators that he spoke to Mehserle every day in the week after he shot Grant. “Every so often he’ll just say, ‘I thought he had a gun, you know, I thought he had a gun,'” Foreman said during a Jan. 9, 2009, interview. He added that Mehserle frequently broke down weeping during these conversations.\u003c/p>\n\u003cp>“I don’t have an answer for that,” Rains said when asked why Mehserle didn’t tell Foreman that he’d meant to use his taser. Rains said his client was in “horrible shape emotionally.”\u003c/p>\n\u003cp>“It was both an embarrassing failure and a shameful failure on his part,” Rains said. “And that’s the way he felt for days, for weeks.”\u003c/p>\n\u003cp>Foreman and three other officers testified at trial that in the days after the shooting Mehserle did not mention anything about the taser or that it was a mistake.\u003c/p>\n\u003ch3>‘I’d Be in Jail Right Now’\u003c/h3>\n\u003cp>One of the reasons that Mehserle’s defense remains in question could come down to decisions made by BART Command staff in those early hours after the shooting.\u003c/p>\n\u003cp>Mehserle’s Legal Defense Fund lawyer David Mastagni asked to review the bystander video of the shooting before his client provided a statement to investigators on the morning of New Year’s Day, unsealed police records show.\u003c/p>\n\u003cfigure id=\"attachment_11880660\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11880660\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-800x576.png\" alt=\"\" width=\"800\" height=\"576\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter-800x576.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter-1020x734.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter-160x115.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter.png 1492w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant had a photo of his 4-year-old daughter in his wallet when he was killed by police in 2009. Redaction done by BART police department. \u003ccite>(Via BART Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Commander White conferred with investigators from the D.A.’s Office and they made the decision to let Mehserle and his attorney see the video, according to a report written by White.\u003c/p>\n\u003cp>After watching the video and learning that Oscar Grant had died at the hospital, Mehserle invoked his Fifth Amendment rights and refused to give a statement.\u003c/p>\n\u003cp>White did discuss ordering Mehserle — an employee — to give a statement, according to her report. A compelled statement would not be usable in a criminal investigation, but it could be used administratively to determine why Mehserle shot Grant.\u003c/p>\n\u003cp>But BART Command staff did not compel Mehserle to give an interview that morning. Mehserle said he was too tired to talk, according to White’s report. They allowed him to go home, and he agreed he would make a statement the next day. He did not.\u003c/p>\n\u003cp>Six days later, Mehserle resigned from the police force rather than give that statement.\u003c/p>\n\u003cp>BART Command staff also did not require the other officers who were on the platform at the time of the shooting, Emery Knudtson, Jonathan Guerra, Noel Flores and Jon Woffinden, to give interviews. They were instead asked to type up a statement in Microsoft Word. (BART’s regular case management system was visible to other departments.)\u003c/p>\n\u003cp>The officers were not questioned about the actions of Mehserle or Pirone. They were also not questioned about their own actions: Knudtson tackled Fernando Anicete, a friend of Oscar Grant’s, who allegedly threw a phone toward Domenici. Flores pulled both his taser and baton. Woffinden was Mehserle’s partner that night and also drew his baton.\u003c/p>\n\u003cp>The officers were eventually questioned more thoroughly by BART detectives and later by Meyers Nave investigators.\u003c/p>\n\u003cp>The group of Oscar Grant’s friends who were with him on the platform, Fernando Anicete, Michael Greer, Jack Bryson, Nigel Bryson and Carlos Reyes were all taken to the BART police station that morning. Each was handcuffed and questioned by police.\u003c/p>\n\u003cp>They were read their Miranda Rights, according to the police records, but told they weren’t under arrest.\u003c/p>\n\u003cp>“If I was to shoot somebody on BART in their chest while they’re already down I’d be in jail right now,” Jack Bryson can be heard telling investigators. “The cops just did the same thing. So why is it different? Because he’s a cop?”\u003c/p>\n\u003cp>On the tape detectives tell Bryson that there is “no cover up” and that there is “no favoritism” in how police investigate police shootings.\u003c/p>\n\u003cp>In October 2009, BART detective Enriquez recommended that all the detainees be charged with resisting arrest, police records show. The other lead investigator, Fueng, agreed. But the records show they were overruled by command staff who did not want the recommendation forwarded to the D.A.’s Office.\u003c/p>\n\u003cp>The five detainees went on to sue BART. The agency eventually settled with them for $175,000.\u003c/p>\n\u003ch3>‘A Force With Bad Apples’\u003c/h3>\n\u003cp>When another video of a police killing went viral last summer and protests against police violence once again gripped the country, Wanda Johnson felt the echoes of what had happened with her son. George Floyd was not shot, but the way he was pinned made her think of the way Pirone had held down Oscar Grant. Witnesses to Grant’s shooting said he told officers, “I can’t breathe.”\u003c/p>\n\u003cp>In October of 2020, Johnson and her family held a press conference to ask that Grant’s case be reopened and that the District Attorney reconsider charges against Tony Pirone. Johnson said they felt the new information released with Senate Bill 1421, combined with the groundswell of protests, made it the right moment to take another look.\u003c/p>\n\u003cfigure id=\"attachment_11880675\" class=\"wp-caption alignleft\" style=\"max-width: 321px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11880675\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1020x1360.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-160x213.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1152x1536.jpg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1536x2048.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Tatiana Grant and Wanda Johnson at the BART Fruitvale Station during a vigil on the 10 year anniversary of Grant’s death in Oakland. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>D.A. Nancy O’Malley agreed.\u003c/p>\n\u003cp>Then, in January 2021 she announced that while Pirone’s conduct was “aggressive, utterly unprofessional and disgraceful” her office could not charge him with anything.\u003c/p>\n\u003cp>“We looked at videos, we read every report,” she said. “We did everything to see if there was any legal theory that could hold Pirone accountable other than a 149.”\u003c/p>\n\u003cp>Penal Code 149 — assault under color of authority — is a misdemeanor. The statute of limitations on that charge ran out long ago. KQED’s review of hundreds of internal police records unsealed by the “Right to Know Act” reveal that officers are rarely criminally charged for potentially criminal misbehavior from perjury to sexual misconduct to improper use of force.\u003c/p>\n\u003cp>“Oscar Grant lost his life and we’re sorry for that,” said the current BART Police Chief Ed Alvarez.\u003c/p>\n\u003cp>Alvarez said that the agency learned a lot of hard lessons from the killing of Oscar Grant, and that it has improved significantly in the decade since the Grant shooting by implementing reforms including body cameras, better taser training and a civilian auditor.\u003c/p>\n\u003cp>Alvarez condemned Pirone’s actions and said they remain against policy. But, he said he personally believes that Mehserle did confuse his gun and his taser. At the same time, Alvarez credits the Meyers Nave report for many of the reforms the department has adopted.\u003c/p>\n\u003cp>“People who came in after the fact had time to, I think, process a lot more information and they look at things through different lenses,” Alvarez said of the outside investigation.\u003c/p>\n\u003cp>One thing has not changed: investigations into shootings or officer misconduct remain in-house.\u003c/p>\n\u003cp>Alvarez said he doesn’t see any issue with this common practice.\u003c/p>\n\u003cp>“Friendships are going to always be there,” Alvarez said. “So you just have to deal with it on the professional level and understand that that is your job.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Cephus Johnson, Oscar Grant's uncle\"]‘It’s very obvious if all investigations start in this way, we can never fix this system.’[/pullquote]Grant’s uncle Cephus Johnson, who fought for the passage of “The Right to Know Act,” said it is painful to hear the missteps made by investigators in the early hours and days after his nephew’s shooting.\u003c/p>\n\u003cp>“You know, everything that we knew is actually coming to light today through just listening to these conversations,” Johnson said.\u003c/p>\n\u003cp>To him, it is proof that police cannot police themselves.\u003c/p>\n\u003cp>“We’ve always said accountability and transparency we gotta have, and this is the reason why,” he added. “It’s very obvious if all investigations start in this way, we can never fix this system.”\u003c/p>\n\u003cp>Beyond this case, the files that have been released under the transparency law show that there is little standardization and less oversight of these internal investigations. Deadly force is overwhelmingly found to be justified and in compliance with policies, even in cases where investigators raised questions about the need for officers to shoot and kill. Investigations into sexual assault by officers do not address systemic issues that allowed those officers to abuse their power. And officers with a history of dishonesty have continued to testify in criminal cases.\u003c/p>\n\u003cp>“Oscar wasn’t the first. Definitely will not be the last,” said his mother Wanda Johnson.\u003c/p>\n\u003cp>“If you want to change the force, you would take action on those who commit the offenses. But because you don’t take action on those who commit those offenses, you have exactly what you want — a force with bad apples on it.”\u003c/p>\n\u003cp>\u003cem>NPR’s Austin Fast contributed to this story. \u003c/em>\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=%27On+Our+Watch%27+Litigation+Reveals+New+Details+In+Police+Shooting+Of+Oscar+Grant&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rev. Wanda Johnson sits down on a folding chair in her driveway on a hot afternoon in June. There’s no air conditioning inside, so she’s fashioned an outside office, and pulls her chair up to a small table where a computer is perched. She’s getting ready to listen to excerpts of nearly 60 hours of newly released tapes — recordings of a police investigation that have been secret for over a decade. On those tapes is a story that’s never been fully heard before: the story of what happened after a transit cop shot her son on a Bay Area Rapid Transit platform on New Year’s Day 2009.\u003c/p>\n\u003cp>One of the first police shootings to be captured on cell phone, millions saw BART police Officer Johannes Mehserle fire a single, fatal gunshot into Oscar Grant’s back as the 22-year-old lay face down on the train station platform. The event would later be depicted in the movie “Fruitvale Station,” in which Michael B. Jordan plays Grant on what would be the last day of his life.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But until now, no one outside the agency has actually heard what happened after the cell phone video ended. A lawsuit filed by KQED earlier this year forced BART to comply with California’s “The Right to Know Act,” a 2019 police transparency law, and release the never-before-heard tapes. The subject of a new podcast by NPR and KQED, \u003cem>On Our Watch\u003c/em>, the tapes allow listeners inside that investigation for the first time, and may provide lessons for larger failings about the system that promises to hold police accountable.\u003c/p>\n\u003cp>It has long been clear that BART made significant missteps in the investigation of Grant’s shooting, and in the aftermath of the incident the Police Chief and two commanders retired. Mehserle would be convicted of involuntary manslaughter and serve 11 months in jail. But the long-secret files focus new attention on former BART police Officer Anthony “Tony” Pirone, who was fired for his actions on the platform but never criminally charged.\u003c/p>\n\u003cp>Pirone was the first officer to respond to a call about a fight on the train crowded with people celebrating New Year’s. When Pirone stopped a group of young men on the platform, Grant and his friend Michael Greer jumped back on the train. Pirone removed Greer from the train and threw him on the ground. After Grant tried to stand up to intervene, Pirone repeatedly hit Grant. The crowd began yelling at Pirone and his partner, objecting to their handling of the situation.\u003c/p>\n\u003cfigure id=\"attachment_11880661\" class=\"wp-caption alignright\" style=\"max-width: 321px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11880661\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-800x1067.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1020x1360.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-160x213.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1152x1536.jpg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-1536x2048.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Wanda_NochargesPirone_photo_-Sandhya-Dirks-scaled.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant’s mother Rev. Wanda Johnson listens during a press conference in Oakland on Monday, Jan. 11, 2021, after Alameda County District Attorney Nancy O’Malley announced she would not file new charges against BART police Officer Anthony Pirone. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Five more BART officers, including Johannes Mehserle, responded to calls for backup. Mehserle attempted to handcuff Grant as Pirone held Grant down with his knee. When he could not get Grant’s hands, Mehserle pulled out his gun.\u003c/p>\n\u003cp>Within seven minutes of Pirone arriving on the platform, Oscar Grant was fatally shot.\u003c/p>\n\u003cp>“Nothing happened to him and that’s what’s so disheartening and so upsetting to me. This man (started) an event that spiraled out of control, (and) caused my son to lose his life,” Johnson says, as she listens to the tapes.\u003c/p>\n\u003cp>Neither Mehserle nor Pirone agreed to comment for this story.\u003c/p>\n\u003ch3>‘Close Personal Relationship’\u003c/h3>\n\u003cp>The internal documents and tapes show that BART’s criminal investigators and leaders repeatedly missed opportunities to question officers, limiting the scope and potentially the outcome of both the criminal and administrative investigations.\u003c/p>\n\u003cp>Just after the shot was fired, BART police officers put out a call for medical assistance and backup over the radio. What they didn’t broadcast was that an officer was the shooter.\u003c/p>\n\u003cp>“I had to basically put two and two together and figure out it was an officer-involved shooting on my own,” one Oakland police officer would later tell investigators.\u003c/p>\n\u003cp>The BART detective who responded to the initial call, Joel Enriquez, also had to wait for another officer to clarify that the incident was a police shooting. Enriquez can be heard in recordings from that night telling another officer that he wished he could review the policy manual so he could be better prepared to investigate the incident.\u003c/p>\n\u003cp>Enriquez was also close to two of the primary officers involved in the incident, Johannes Mehserle and Tony Pirone.\u003c/p>\n\u003cp>“I would like to put it on record that I have a close, personal and working relationship with you, Tony,” Enriquez, addressing Pirone, said on the Jan. 1, 2009, tape, recorded less than an hour after Grant died in an Oakland hospital. “And I want to make sure that you’re okay with me interviewing you.”\u003c/p>\n\u003cp>“Yeah, I’m fine with that,” Pirone replied.\u003c/p>\n\u003cp>In the initial interview with Pirone, Enriquez fails to ask key questions about the officer’s repeated use of force, and does not challenge or ask Pirone to explain his assertion that he was himself on the verge of using deadly force and in fear for his life.\u003c/p>\n\u003cp>Enriquez did not respond to requests for comment.\u003c/p>\n\u003cp>Pirone’s partner, Officer Marysol Domenici, told investigators that she felt the crowd on the platform was so threatening after Mehserle shot Grant that she was ready to open fire herself.\u003c/p>\n\u003cp>“That’s when I knew, you know, it’s us or them — the crowd,” she said during a Jan. 7, 2009, interview. Because she only had two taser cartridges, she said, she thought she’d have to “start shooting people… I started thinking, Jesus, I’m going to have to do this.”\u003c/p>\n\u003cp>The outside law firm BART hired to take over the internal affairs inquiry later concluded that both officers exaggerated or lied about their level of fear during the incident in an attempt to justify their actions. Both were fired, though Domenici won her job back after an appeal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>A Strategic Decision\u003c/h3>\n\u003cp>Just a week into the shooting inquiry, BART investigators did start to raise questions about Pirone’s violent behavior, police reports show.\u003c/p>\n\u003cp>In one report, BART Police Commander Maria White noted that eight days after the killing, one of the department’s internal affairs investigators, Sgt. David Chlebowski, alerted her to a witness video on a local TV website.\u003c/p>\n\u003cp>Sgt. Chlebowski and several unnamed BART detectives, “voiced concern” over Pirone’s actions depicted in the tape, White wrote.\u003c/p>\n\u003cp>But she “told the detective unit members that their primary focus was the homicide investigation,” delaying a probe into Pirone’s actions, police records show.\u003c/p>\n\u003cp>She waited a month — until several days after BART obtained a copy of the video from the Alameda County District Attorney’s Office — before ordering BART Det. Alan Fueng to open a criminal investigation into Pirone’s use of force.\u003c/p>\n\u003cp>In subsequent police reports, Fueng described interviewing Pirone and his partner, Domenici, the night of the shooting.\u003c/p>\n\u003cp>The result of his inquiry was a “brief summary report.” On March 20, 2009, the report was submitted, “without recommendation,” to the D.A.’s Office “for their review and disposition.” Pirone was never charged.\u003c/p>\n\u003cfigure id=\"attachment_11880665\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11880665\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg\" alt=\"\" width=\"800\" height=\"561\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-800x561.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-1020x716.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204-1536x1078.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/GettyImages-84291204.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protestors lay on the ground and yell “don’t shoot” in a demonstration held outside Oakland City Hall on January 14, 2009, to protest the police killing of Oscar Grant. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Alameda County District Attorney Nancy O’Malley said in an interview with KQED and NPR that not charging Pirone was a strategic decision. Her office wanted to build the strongest possible case against Mehserhle, which meant using Pirone as a witness, she explained.\u003c/p>\n\u003cp>“He was a key witness in this because he started the whole thing,” she said.\u003c/p>\n\u003cp>In February 2009, under intense public pressure, BART hired an outside law firm called Meyers Nave to do an internal affairs investigation of the incident.\u003c/p>\n\u003cp>BART’s board decided to hire Meyers Nave “because it felt it was critical that the public would have confidence in an independent investigation conducted by a well-respected, experienced law firm,” according to a statement from a spokeswoman.\u003c/p>\n\u003cp>The Meyers Nave report, which was unsealed by “The Right to Know” Act or Senate Bill 1421 in 2019, found that Pirone’s aggressive behavior on the platform broke policy and escalated the situation, rather than taking control of the situation in a way that ensured public safety.\u003c/p>\n\u003cp>The tapes show that Meyers Nave investigators asked Pirone to explain why he used racial epithets in an exchange with Grant.\u003c/p>\n\u003cp>“I specifically remember him telling me about his 4-year-old daughter and how he respects the police. I said, ‘Then why are you giving us a bad time?'” Pirone said to Meyers Nave investigators. “That’s when he says, well, ‘You’re a bitch ass n*****.’ And I said, ‘You’re calling me a bitch ass n*****, you know, that type of thing. And he said, ‘yeah.’ And then I said, ‘Bitch ass, n***** huh?’ I think that’s when Mehserle comes over and pushes him down.”\u003c/p>\n\u003cp>“Pirone was, in large part, responsible for setting the events in motion that created a chaotic and tense situation on the platform, setting the stage, even if inadvertent, for the shooting of Oscar Grant,” the report found.\u003c/p>\n\u003cp>Meyers Nave also found that Pirone’s statements about his grounds for detaining Grant, his own actions and uses of force shifted across multiple interviews and were contradicted by witness and video evidence.\u003c/p>\n\u003cp>Based on this report, Pirone was fired.\u003c/p>\n\u003cp>Pirone is currently serving the California Army National Guard. He’s a Special Forces Communications Sergeant.\u003c/p>\n\u003cp>“Pirone is a highly decorated soldier with many awards and has been in the military since 1997,” a spokesman for the National Guard wrote in an email. He declined to answer further questions.\u003c/p>\n\u003ch3>‘I Thought He Had a Gun’\u003c/h3>\n\u003cp>The recordings also refocus attention on Mehserle’s controversial explanation for the shooting and his ultimate defense at trial — that he meant to draw a taser, not his semiautomatic pistol, and that the shooting was unintentional. (Both Pirone and Carlos Reyes, one of the men detained on the platform, later said they heard Mehserle announce he was going to tase Grant.)\u003c/p>\n\u003cp>At Mehserle’s criminal trial, the jury believed his explanation and convicted him of involuntary manslaughter.\u003c/p>\n\u003cp>But the Meyers Nave report, released in 2019 after the passage of Senate Bill 1421, came to a different conclusion.\u003c/p>\n\u003cp>“He can be seen trying to draw (his gun) at least two times and on the final occasion can be seen looking back at his hand on the gun/holster to watch the gun come out,” it reads. When Mehserle fired, the report found, Oscar Grant had his hands behind his back.\u003c/p>\n\u003cp>Mehserle’s lawyer Michael Rains disputed this finding in an interview with NPR and KQED, calling the Meyers Nave analysis “flawed” and based on a single frame of video.\u003c/p>\n\u003cp>“That’s probably one one thousandth of a second,” Rains said. “He doesn’t process, ‘I’m looking at my gun.’ That’s ridiculous.”\u003c/p>\n\u003cp>But the newly-released records also include statements of BART officers whom Mehserle confided in after the shooting. They tell investigators Mehserle said he believed Grant was going for a gun and never mentioned his taser.\u003c/p>\n\u003cp>Terry Foreman, a senior BART police officer who served as emotional support for Mehserle in the hours after the shooting, told investigators that he spoke to Mehserle every day in the week after he shot Grant. “Every so often he’ll just say, ‘I thought he had a gun, you know, I thought he had a gun,'” Foreman said during a Jan. 9, 2009, interview. He added that Mehserle frequently broke down weeping during these conversations.\u003c/p>\n\u003cp>“I don’t have an answer for that,” Rains said when asked why Mehserle didn’t tell Foreman that he’d meant to use his taser. Rains said his client was in “horrible shape emotionally.”\u003c/p>\n\u003cp>“It was both an embarrassing failure and a shameful failure on his part,” Rains said. “And that’s the way he felt for days, for weeks.”\u003c/p>\n\u003cp>Foreman and three other officers testified at trial that in the days after the shooting Mehserle did not mention anything about the taser or that it was a mistake.\u003c/p>\n\u003ch3>‘I’d Be in Jail Right Now’\u003c/h3>\n\u003cp>One of the reasons that Mehserle’s defense remains in question could come down to decisions made by BART Command staff in those early hours after the shooting.\u003c/p>\n\u003cp>Mehserle’s Legal Defense Fund lawyer David Mastagni asked to review the bystander video of the shooting before his client provided a statement to investigators on the morning of New Year’s Day, unsealed police records show.\u003c/p>\n\u003cfigure id=\"attachment_11880660\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11880660\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/Grantdaughter-800x576.png\" alt=\"\" width=\"800\" height=\"576\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter-800x576.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter-1020x734.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter-160x115.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/Grantdaughter.png 1492w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oscar Grant had a photo of his 4-year-old daughter in his wallet when he was killed by police in 2009. Redaction done by BART police department. \u003ccite>(Via BART Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Commander White conferred with investigators from the D.A.’s Office and they made the decision to let Mehserle and his attorney see the video, according to a report written by White.\u003c/p>\n\u003cp>After watching the video and learning that Oscar Grant had died at the hospital, Mehserle invoked his Fifth Amendment rights and refused to give a statement.\u003c/p>\n\u003cp>White did discuss ordering Mehserle — an employee — to give a statement, according to her report. A compelled statement would not be usable in a criminal investigation, but it could be used administratively to determine why Mehserle shot Grant.\u003c/p>\n\u003cp>But BART Command staff did not compel Mehserle to give an interview that morning. Mehserle said he was too tired to talk, according to White’s report. They allowed him to go home, and he agreed he would make a statement the next day. He did not.\u003c/p>\n\u003cp>Six days later, Mehserle resigned from the police force rather than give that statement.\u003c/p>\n\u003cp>BART Command staff also did not require the other officers who were on the platform at the time of the shooting, Emery Knudtson, Jonathan Guerra, Noel Flores and Jon Woffinden, to give interviews. They were instead asked to type up a statement in Microsoft Word. (BART’s regular case management system was visible to other departments.)\u003c/p>\n\u003cp>The officers were not questioned about the actions of Mehserle or Pirone. They were also not questioned about their own actions: Knudtson tackled Fernando Anicete, a friend of Oscar Grant’s, who allegedly threw a phone toward Domenici. Flores pulled both his taser and baton. Woffinden was Mehserle’s partner that night and also drew his baton.\u003c/p>\n\u003cp>The officers were eventually questioned more thoroughly by BART detectives and later by Meyers Nave investigators.\u003c/p>\n\u003cp>The group of Oscar Grant’s friends who were with him on the platform, Fernando Anicete, Michael Greer, Jack Bryson, Nigel Bryson and Carlos Reyes were all taken to the BART police station that morning. Each was handcuffed and questioned by police.\u003c/p>\n\u003cp>They were read their Miranda Rights, according to the police records, but told they weren’t under arrest.\u003c/p>\n\u003cp>“If I was to shoot somebody on BART in their chest while they’re already down I’d be in jail right now,” Jack Bryson can be heard telling investigators. “The cops just did the same thing. So why is it different? Because he’s a cop?”\u003c/p>\n\u003cp>On the tape detectives tell Bryson that there is “no cover up” and that there is “no favoritism” in how police investigate police shootings.\u003c/p>\n\u003cp>In October 2009, BART detective Enriquez recommended that all the detainees be charged with resisting arrest, police records show. The other lead investigator, Fueng, agreed. But the records show they were overruled by command staff who did not want the recommendation forwarded to the D.A.’s Office.\u003c/p>\n\u003cp>The five detainees went on to sue BART. The agency eventually settled with them for $175,000.\u003c/p>\n\u003ch3>‘A Force With Bad Apples’\u003c/h3>\n\u003cp>When another video of a police killing went viral last summer and protests against police violence once again gripped the country, Wanda Johnson felt the echoes of what had happened with her son. George Floyd was not shot, but the way he was pinned made her think of the way Pirone had held down Oscar Grant. Witnesses to Grant’s shooting said he told officers, “I can’t breathe.”\u003c/p>\n\u003cp>In October of 2020, Johnson and her family held a press conference to ask that Grant’s case be reopened and that the District Attorney reconsider charges against Tony Pirone. Johnson said they felt the new information released with Senate Bill 1421, combined with the groundswell of protests, made it the right moment to take another look.\u003c/p>\n\u003cfigure id=\"attachment_11880675\" class=\"wp-caption alignleft\" style=\"max-width: 321px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11880675\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg\" alt=\"\" width=\"321\" height=\"428\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-800x1067.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1020x1360.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-160x213.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1152x1536.jpg 1152w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546-1536x2048.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/07/WandaJohnson_TatianaGrant_10-year-anniversary_photoSandhyaDirks-scaled-e1625784652546.jpg 1920w\" sizes=\"(max-width: 321px) 100vw, 321px\">\u003cfigcaption class=\"wp-caption-text\">Tatiana Grant and Wanda Johnson at the BART Fruitvale Station during a vigil on the 10 year anniversary of Grant’s death in Oakland. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>D.A. Nancy O’Malley agreed.\u003c/p>\n\u003cp>Then, in January 2021 she announced that while Pirone’s conduct was “aggressive, utterly unprofessional and disgraceful” her office could not charge him with anything.\u003c/p>\n\u003cp>“We looked at videos, we read every report,” she said. “We did everything to see if there was any legal theory that could hold Pirone accountable other than a 149.”\u003c/p>\n\u003cp>Penal Code 149 — assault under color of authority — is a misdemeanor. The statute of limitations on that charge ran out long ago. KQED’s review of hundreds of internal police records unsealed by the “Right to Know Act” reveal that officers are rarely criminally charged for potentially criminal misbehavior from perjury to sexual misconduct to improper use of force.\u003c/p>\n\u003cp>“Oscar Grant lost his life and we’re sorry for that,” said the current BART Police Chief Ed Alvarez.\u003c/p>\n\u003cp>Alvarez said that the agency learned a lot of hard lessons from the killing of Oscar Grant, and that it has improved significantly in the decade since the Grant shooting by implementing reforms including body cameras, better taser training and a civilian auditor.\u003c/p>\n\u003cp>Alvarez condemned Pirone’s actions and said they remain against policy. But, he said he personally believes that Mehserle did confuse his gun and his taser. At the same time, Alvarez credits the Meyers Nave report for many of the reforms the department has adopted.\u003c/p>\n\u003cp>“People who came in after the fact had time to, I think, process a lot more information and they look at things through different lenses,” Alvarez said of the outside investigation.\u003c/p>\n\u003cp>One thing has not changed: investigations into shootings or officer misconduct remain in-house.\u003c/p>\n\u003cp>Alvarez said he doesn’t see any issue with this common practice.\u003c/p>\n\u003cp>“Friendships are going to always be there,” Alvarez said. “So you just have to deal with it on the professional level and understand that that is your job.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Grant’s uncle Cephus Johnson, who fought for the passage of “The Right to Know Act,” said it is painful to hear the missteps made by investigators in the early hours and days after his nephew’s shooting.\u003c/p>\n\u003cp>“You know, everything that we knew is actually coming to light today through just listening to these conversations,” Johnson said.\u003c/p>\n\u003cp>To him, it is proof that police cannot police themselves.\u003c/p>\n\u003cp>“We’ve always said accountability and transparency we gotta have, and this is the reason why,” he added. “It’s very obvious if all investigations start in this way, we can never fix this system.”\u003c/p>\n\u003cp>Beyond this case, the files that have been released under the transparency law show that there is little standardization and less oversight of these internal investigations. Deadly force is overwhelmingly found to be justified and in compliance with policies, even in cases where investigators raised questions about the need for officers to shoot and kill. Investigations into sexual assault by officers do not address systemic issues that allowed those officers to abuse their power. And officers with a history of dishonesty have continued to testify in criminal cases.\u003c/p>\n\u003cp>“Oscar wasn’t the first. Definitely will not be the last,” said his mother Wanda Johnson.\u003c/p>\n\u003cp>“If you want to change the force, you would take action on those who commit the offenses. But because you don’t take action on those who commit those offenses, you have exactly what you want — a force with bad apples on it.”\u003c/p>\n\u003cp>\u003cem>NPR’s Austin Fast contributed to this story. \u003c/em>\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=%27On+Our+Watch%27+Litigation+Reveals+New+Details+In+Police+Shooting+Of+Oscar+Grant&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/news/series/baycurious",
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"source": "kqed",
"order": 3
},
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"npr": "https://www.npr.org/podcasts/500557090/bay-curious",
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}
},
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"id": "bbc-world-service",
"title": "BBC World Service",
"info": "The day's top stories from BBC News compiled twice daily in the week, once at weekends.",
"airtime": "MON-FRI 9pm-10pm, TUE-FRI 1am-2am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg",
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"meta": {
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"source": "BBC World Service"
},
"link": "/radio/program/bbc-world-service",
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"rss": "https://podcasts.files.bbci.co.uk/p02nq0gn.rss"
}
},
"californiareport": {
"id": "californiareport",
"title": "The California Report",
"tagline": "California, day by day",
"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-California-Report-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/californiareport",
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"source": "kqed",
"order": 8
},
"link": "/californiareport",
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}
},
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"id": "californiareportmagazine",
"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
"airtime": "FRI 4:30pm-5pm, 6:30pm-7pm, 11pm-11:30pm",
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"officialWebsiteLink": "/californiareportmagazine",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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},
"city-arts": {
"id": "city-arts",
"title": "City Arts & Lectures",
"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/cityartsandlecture-300x300.jpg",
"officialWebsiteLink": "https://www.cityarts.net/",
"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
"site": "news",
"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
"subscribe": {
"tuneIn": "https://tunein.com/radio/City-Arts-and-Lectures-p692/",
"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
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"info": "Close All Tabs breaks down how digital culture shapes our world through thoughtful insights and irreverent humor.",
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"officialWebsiteLink": "/podcasts/closealltabs",
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"source": "kqed",
"order": 1
},
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"id": "code-switch-life-kit",
"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"meta": {
"site": "radio",
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},
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
"site": "news",
"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"apple": "https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2",
"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"meta": {
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"source": "kqed",
"order": 9
},
"link": "/forum",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"freakonomics-radio": {
"id": "freakonomics-radio",
"title": "Freakonomics Radio",
"info": "Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"info": "Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. One of public radio's most popular programs, Fresh Air features intimate conversations with today's biggest luminaries.",
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"link": "/radio/program/fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
"id": "hidden-brain",
"title": "Hidden Brain",
"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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},
"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png",
"officialWebsiteLink": "https://www.npr.org/podcasts/510313/how-i-built-this",
"airtime": "SUN 7:30pm-8pm",
"meta": {
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"source": "npr"
},
"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
"link": "/podcasts/hyphenacion",
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
"site": "news",
"source": "npr"
},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
}
},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Masters-of-Scale-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
"site": "radio",
"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
"subscribe": {
"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
"npr": "https://www.npr.org/podcasts/464615685/mind-shift-podcast",
"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
"spotify": "https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"
}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
"meta": {
"site": "news",
"source": "npr"
},
"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
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