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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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"excerpt": "The court overturned a ban on nursing home employees willfully using anything other than residents' preferred names and pronouns. The decision is 'disconnected from the reality facing transgender people,' said state Sen. Scott Wiener, D-San Francisco.",
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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>\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>\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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"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",
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"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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"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": "\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": "‘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.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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. \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": "\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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"slug": "on-our-watch-litigation-reveals-new-details-in-police-shooting-of-oscar-grant",
"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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"content": "\u003cp>Just a few weeks ago, we received new information about a police shooting that shifted the national conversation around policing — and helped spark a movement. Oscar Grant, a 22-year-old Black man, was killed by transit police on New Year’s Day, 2009. Two and a half years after SB 1421 passed making these records public, a lawsuit filed by KQED finally forced the agency to release the documents and audio recordings of that investigation. We’ll bring you that story in our final episode of \u003cem>On Our Watch\u003c/em> next week.\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/\" target=\"_blank\" rel=\"noopener noreferrer\">\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=The+People%27s+Business&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Just a few weeks ago, we received new information about a police shooting that shifted the national conversation around policing — and helped spark a movement. Oscar Grant, a 22-year-old Black man, was killed by transit police on New Year’s Day, 2009. Two and a half years after SB 1421 passed making these records public, a lawsuit filed by KQED finally forced the agency to release the documents and audio recordings of that investigation. We’ll bring you that story in our final episode of \u003cem>On Our Watch\u003c/em> next week.\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/\" target=\"_blank\" rel=\"noopener noreferrer\">\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=The+People%27s+Business&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The Supreme Court on July 1 \u003ca href=\"https://www.documentcloud.org/documents/20982222-americans-for-prosperity-foundation-v-bonta\" target=\"_blank\" rel=\"noopener noreferrer\">ordered California\u003c/a> to stop collecting the names and addresses of top donors to charities, calling the state’s requirement a “dragnet for sensitive donor information.”\u003c/p>\n\u003cp>The justices voted 6-3 along ideological lines to side with two nonprofit groups, including one with links to billionaire Charles Koch. The groups argued that California’s policy of collecting the information violates the First Amendment.\u003c/p>\n\u003cp>The nonprofits had drawn strong support from groups across the political spectrum, including The Becket Fund for Religious Liberty, American Civil Liberties Union and NAACP Legal Defense and Educational Fund.\u003c/p>\n\u003cp>California had defended its policy by saying that the information’s collection was necessary to prevent fraud. But Chief Justice John Roberts wrote in a majority opinion joined by the court’s other conservatives that there is a “dramatic mismatch” between California’s interest in preventing wrongdoing by charities and its donor information requirement.\u003c/p>\n\u003cp>“The upshot is that California casts a dragnet for sensitive donor information from tens of thousands of charities each year, even though that information will become relevant in only a small number of cases involving filed complaints,” Roberts wrote.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He later added: “We have no trouble concluding here that the attorney general’s disclosure requirement is overbroad.”\u003c/p>\n\u003cp>In a dissent for the court’s three liberals, Justice Sonia Sotomayor warned of the decision’s consequences.\u003c/p>\n\u003cp>“Today’s analysis marks reporting and disclosure requirements with a bull’s-eye. Regulated entities who wish to avoid their obligations can do so by vaguely waving toward First Amendment ‘privacy concerns,’” she said.\u003c/p>\n\u003cp>California had required all charities that collect money from state residents to give the state an IRS form identifying their largest contributors. The information is not supposed to be disclosed publicly. Just three other states, Hawaii, New Jersey and New York, require charities to provide the IRS form.\u003c/p>\n\u003cp>A federal appeals court had upheld California’s practice, ruling that the information serves the important state goal of preventing charities from committing fraud. The information was unlikely to be released publicly, the 9th U.S. Circuit Court of Appeals said.\u003c/p>\n\u003cp>The two groups that had challenged California’s requirements are the Michigan-based Thomas More Law Center and the Virginia-based Americans for Prosperity Foundation, a charitable organization connected to the primary political organization supported by Koch and his brother, David, who died in 2019. Koch’s organizations have spent hundreds of millions of dollars supporting Republican candidates and conservative policies, making them frequent targets of attacks by Democrats.\u003c/p>\n\u003cp>Both groups argued that their contributors had in the past suffered harassment and threats and that California had in the past let the donor information become public.\u003c/p>\n\u003cp>In a statement, an attorney for the Thomas More Law Center called Thursday a “great day.”\u003c/p>\n\u003cp>“This opinion safeguards our client’s donors from the threats of governmental misuse and public disclosure of their identities and addresses — whether intentional, mistaken, or by electronic theft,” Louie Castoria said.\u003c/p>\n\u003cp>Americans for Prosperity Foundation CEO Emily Seidel said in a statement that the decision: “protects Americans from being forced to choose between staying safe or speaking up.”\u003c/p>\n\u003cp>California Attorney General Rob Bonta said he was disappointed by the decision.\u003c/p>\n\u003cp>“As the People’s Attorney, my office has the responsibility to protect charitable assets for their intended use and ensure that donations go towards their intended purpose. Stripping our office of confidential access to donor information — the same information about major donors that charities already provide to the federal government — will make it harder for the State to fight fraud and prevent the misuse of charitable contributions,” he said in a statement. [aside tag=\"supreme-court\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>The Biden administration had argued that California’s requirement should stand but that the justices should send the case back to the appeals court for a fuller analysis of whether the two charities themselves should have to comply.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The presence of the Koch organization in the case prompted three Democratic lawmakers to ask Justice Amy Coney Barrett to sit out the high-court dispute or explain her decision to take part. That’s because Americans for Prosperity, Koch’s main political arm, said it would spend more than $1 million dollars last year in support of Barrett’s Supreme Court confirmation, said Democratic Sens. Sheldon Whitehouse of Rhode Island and Richard Blumenthal of Connecticut, and Rep. Hank Johnson of Georgia in a letter to the justice. Barrett was among the six conservative votes for the nonprofits.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Supreme Court on July 1 \u003ca href=\"https://www.documentcloud.org/documents/20982222-americans-for-prosperity-foundation-v-bonta\" target=\"_blank\" rel=\"noopener noreferrer\">ordered California\u003c/a> to stop collecting the names and addresses of top donors to charities, calling the state’s requirement a “dragnet for sensitive donor information.”\u003c/p>\n\u003cp>The justices voted 6-3 along ideological lines to side with two nonprofit groups, including one with links to billionaire Charles Koch. The groups argued that California’s policy of collecting the information violates the First Amendment.\u003c/p>\n\u003cp>The nonprofits had drawn strong support from groups across the political spectrum, including The Becket Fund for Religious Liberty, American Civil Liberties Union and NAACP Legal Defense and Educational Fund.\u003c/p>\n\u003cp>California had defended its policy by saying that the information’s collection was necessary to prevent fraud. But Chief Justice John Roberts wrote in a majority opinion joined by the court’s other conservatives that there is a “dramatic mismatch” between California’s interest in preventing wrongdoing by charities and its donor information requirement.\u003c/p>\n\u003cp>“The upshot is that California casts a dragnet for sensitive donor information from tens of thousands of charities each year, even though that information will become relevant in only a small number of cases involving filed complaints,” Roberts wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He later added: “We have no trouble concluding here that the attorney general’s disclosure requirement is overbroad.”\u003c/p>\n\u003cp>In a dissent for the court’s three liberals, Justice Sonia Sotomayor warned of the decision’s consequences.\u003c/p>\n\u003cp>“Today’s analysis marks reporting and disclosure requirements with a bull’s-eye. Regulated entities who wish to avoid their obligations can do so by vaguely waving toward First Amendment ‘privacy concerns,’” she said.\u003c/p>\n\u003cp>California had required all charities that collect money from state residents to give the state an IRS form identifying their largest contributors. The information is not supposed to be disclosed publicly. Just three other states, Hawaii, New Jersey and New York, require charities to provide the IRS form.\u003c/p>\n\u003cp>A federal appeals court had upheld California’s practice, ruling that the information serves the important state goal of preventing charities from committing fraud. The information was unlikely to be released publicly, the 9th U.S. Circuit Court of Appeals said.\u003c/p>\n\u003cp>The two groups that had challenged California’s requirements are the Michigan-based Thomas More Law Center and the Virginia-based Americans for Prosperity Foundation, a charitable organization connected to the primary political organization supported by Koch and his brother, David, who died in 2019. Koch’s organizations have spent hundreds of millions of dollars supporting Republican candidates and conservative policies, making them frequent targets of attacks by Democrats.\u003c/p>\n\u003cp>Both groups argued that their contributors had in the past suffered harassment and threats and that California had in the past let the donor information become public.\u003c/p>\n\u003cp>In a statement, an attorney for the Thomas More Law Center called Thursday a “great day.”\u003c/p>\n\u003cp>“This opinion safeguards our client’s donors from the threats of governmental misuse and public disclosure of their identities and addresses — whether intentional, mistaken, or by electronic theft,” Louie Castoria said.\u003c/p>\n\u003cp>Americans for Prosperity Foundation CEO Emily Seidel said in a statement that the decision: “protects Americans from being forced to choose between staying safe or speaking up.”\u003c/p>\n\u003cp>California Attorney General Rob Bonta said he was disappointed by the decision.\u003c/p>\n\u003cp>“As the People’s Attorney, my office has the responsibility to protect charitable assets for their intended use and ensure that donations go towards their intended purpose. Stripping our office of confidential access to donor information — the same information about major donors that charities already provide to the federal government — will make it harder for the State to fight fraud and prevent the misuse of charitable contributions,” he said in a statement. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Biden administration had argued that California’s requirement should stand but that the justices should send the case back to the appeals court for a fuller analysis of whether the two charities themselves should have to comply.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The presence of the Koch organization in the case prompted three Democratic lawmakers to ask Justice Amy Coney Barrett to sit out the high-court dispute or explain her decision to take part. That’s because Americans for Prosperity, Koch’s main political arm, said it would spend more than $1 million dollars last year in support of Barrett’s Supreme Court confirmation, said Democratic Sens. Sheldon Whitehouse of Rhode Island and Richard Blumenthal of Connecticut, and Rep. Hank Johnson of Georgia in a letter to the justice. Barrett was among the six conservative votes for the nonprofits.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "'Aligning Dollars With Values': 5 More States Placed on California's 'No Travel' List for Anti-LGBTQ+ Laws",
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"content": "\u003cp>California Attorney General Rob Bonta added five states to the list of places to which travel will not be reimbursed with public money.\u003c/p>\n\u003cp>\"The states are a part of a recent dangerous wave of discriminatory new bills signed into law in states all across the country,\" Bonta said Monday morning during a press conference at the \u003ca href=\"https://www.glbthistory.org/exhibitions\" target=\"_blank\" rel=\"noopener noreferrer\">GLBT Historical Society Museum in San Francisco\u003c/a>. [pullquote size=\"medium\" align=\"right\" citation=\"Rob Bonta, California Attorney General\"]'The states are a part of a recent dangerous wave of discriminatory new bills signed into law in states all across the country.’[/pullquote]\u003c/p>\n\u003cp>Arkansas, Montana, North Dakota, West Virginia and Florida were added to the list Monday.\u003c/p>\n\u003cp>\"As of June, there have been more than 250 anti-LGBTQ bills introduced in state legislatures across the country, at least 95 of them directly targeting transgender Americans,\" Bonta said.\u003c/p>\n\u003cp>Bonta and state Sen. Scott Wiener, D-San Francisco, noted that most of the newly added states are targeted for enacting laws limiting the access of transgender youth to school sports and health care related to their gender identity.\u003c/p>\n\u003cp>\"It's outrageous,\" Wiener said. \"These are children who are just trying to be who they are and live their lives and do what we all want children to do, just to be happy and to grow, and to experience life.\" Instead, elected officials in these various states are \"demonizing and targeting these children,\" Wiener added.\u003c/p>\n\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1887\" target=\"_blank\" rel=\"noopener noreferrer\">state law\u003c/a> that took effect in 2017 prohibits a state agency, department, board or commission from requiring any state employees, officers or members to travel to a state that discriminates against same-sex couples or their families or on the basis of sexual orientation, gender identity or gender expression. It falls to the attorney general each year to update the list.\u003c/p>\n\u003cp>Bonta said the law \"is about aligning our dollars with our values.\" The law includes exemptions for some travel to banned states, such as sending first responders to help with natural disasters and health crises.\u003c/p>\n\u003cfigure id=\"attachment_11879661\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11879661\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/IMG_6099-800x1067.jpg\" alt=\"\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">California Attorney General Rob Bonta, center, announces the addition of five states to California's 'no travel' list. \u003ccite>(Scott Shafer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The 12 states that were already on the list before today are: Alabama, Idaho, Iowa, Kansas, Kentucky, Mississippi, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee and Texas. [ad fullwidth]\u003c/p>\n\u003cp>Many of the states, including Texas and Florida, have sizable LGBTQ+ communities and businesses. Asked whether a law like this could inadvertently hurt them, Assemblymember Evan Low, D-Campbell, who wrote the original bill, said he hears from states on the no travel list that the ban can have a positive impact. [aside tag=\"transgender, pride\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>\"We've seen that because of the state action as well as private sector,\" he said. Some states have backtracked and repealed legislation. He also acknowledged \"bold and courageous Republicans\" that have opposed anti-LGBTQ+ legislation.\u003c/p>\n\u003cp>\"There are consequences that come to [those] discriminating against the most vulnerable in our communities,\" Low said. \"That's what this conversation is about.\"\u003c/p>\n\u003cp>Among those speaking at the press conference was Ryland Whittington, a 13-year-old transgender teenager from San Diego who plays ice hockey and water polo. He said he felt \"lucky\" to live in a state like California.\u003c/p>\n\u003cp>\"I've never been told I can't play on a sports team and I've never been denied medical care for who I am,\" he said.\u003c/p>\n\u003cp>\"We just want the same rights as everyone else,\" he said. \"Please give all kids the opportunity to be happy, healthy and live their lives with freedom and peace.\"\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Rob Bonta added five states to the list of places to which travel will not be reimbursed with public money.\u003c/p>\n\u003cp>\"The states are a part of a recent dangerous wave of discriminatory new bills signed into law in states all across the country,\" Bonta said Monday morning during a press conference at the \u003ca href=\"https://www.glbthistory.org/exhibitions\" target=\"_blank\" rel=\"noopener noreferrer\">GLBT Historical Society Museum in San Francisco\u003c/a>. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Arkansas, Montana, North Dakota, West Virginia and Florida were added to the list Monday.\u003c/p>\n\u003cp>\"As of June, there have been more than 250 anti-LGBTQ bills introduced in state legislatures across the country, at least 95 of them directly targeting transgender Americans,\" Bonta said.\u003c/p>\n\u003cp>Bonta and state Sen. Scott Wiener, D-San Francisco, noted that most of the newly added states are targeted for enacting laws limiting the access of transgender youth to school sports and health care related to their gender identity.\u003c/p>\n\u003cp>\"It's outrageous,\" Wiener said. \"These are children who are just trying to be who they are and live their lives and do what we all want children to do, just to be happy and to grow, and to experience life.\" Instead, elected officials in these various states are \"demonizing and targeting these children,\" Wiener added.\u003c/p>\n\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1887\" target=\"_blank\" rel=\"noopener noreferrer\">state law\u003c/a> that took effect in 2017 prohibits a state agency, department, board or commission from requiring any state employees, officers or members to travel to a state that discriminates against same-sex couples or their families or on the basis of sexual orientation, gender identity or gender expression. It falls to the attorney general each year to update the list.\u003c/p>\n\u003cp>Bonta said the law \"is about aligning our dollars with our values.\" The law includes exemptions for some travel to banned states, such as sending first responders to help with natural disasters and health crises.\u003c/p>\n\u003cfigure id=\"attachment_11879661\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11879661\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/IMG_6099-800x1067.jpg\" alt=\"\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">California Attorney General Rob Bonta, center, announces the addition of five states to California's 'no travel' list. \u003ccite>(Scott Shafer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The 12 states that were already on the list before today are: Alabama, Idaho, Iowa, Kansas, Kentucky, Mississippi, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee and Texas. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many of the states, including Texas and Florida, have sizable LGBTQ+ communities and businesses. Asked whether a law like this could inadvertently hurt them, Assemblymember Evan Low, D-Campbell, who wrote the original bill, said he hears from states on the no travel list that the ban can have a positive impact. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We've seen that because of the state action as well as private sector,\" he said. Some states have backtracked and repealed legislation. He also acknowledged \"bold and courageous Republicans\" that have opposed anti-LGBTQ+ legislation.\u003c/p>\n\u003cp>\"There are consequences that come to [those] discriminating against the most vulnerable in our communities,\" Low said. \"That's what this conversation is about.\"\u003c/p>\n\u003cp>Among those speaking at the press conference was Ryland Whittington, a 13-year-old transgender teenager from San Diego who plays ice hockey and water polo. He said he felt \"lucky\" to live in a state like California.\u003c/p>\n\u003cp>\"I've never been told I can't play on a sports team and I've never been denied medical care for who I am,\" he said.\u003c/p>\n\u003cp>\"We just want the same rights as everyone else,\" he said. \"Please give all kids the opportunity to be happy, healthy and live their lives with freedom and peace.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"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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"rss": "https://ww2.kqed.org/news/tag/tcrmag/feed/podcast"
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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",
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"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
"id": "closealltabs",
"title": "Close All Tabs",
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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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"order": 1
},
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"code-switch-life-kit": {
"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": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy",
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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": {
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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}
},
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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
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"freakonomics-radio": {
"id": "freakonomics-radio",
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"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/",
"rss": "https://feeds.feedburner.com/freakonomicsradio"
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},
"fresh-air": {
"id": "fresh-air",
"title": "Fresh Air",
"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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"rss": "https://feeds.npr.org/381444908/podcast.xml"
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"here-and-now": {
"id": "here-and-now",
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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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"rss": "https://feeds.npr.org/510051/podcast.xml"
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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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"officialWebsiteLink": "https://www.npr.org/series/423302056/hidden-brain",
"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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},
"how-i-built-this": {
"id": "how-i-built-this",
"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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"npr": "https://rpb3r.app.goo.gl/3zxy",
"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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"spotify": "https://open.spotify.com/show/2p3Fifq96nw9BPcmFdIq0o?si=39209f7b25774f38",
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"amazon": "https://music.amazon.com/podcasts/6c3dd23c-93fb-4aab-97ba-1725fa6315f1/hyphenaci%C3%B3n",
"rss": "https://feeds.megaphone.fm/KQINC2275451163"
}
},
"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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"source": "kqed",
"order": 18
},
"link": "/podcasts/jerrybrown",
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"apple": "https://itunes.apple.com/us/podcast/id1492194549",
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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": {
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},
"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)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
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"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",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
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}
},
"morning-edition": {
"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/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
"apple": "https://podcasts.apple.com/podcast/id1567098962",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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"spotify": "https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x",
"tuneIn": "https://tunein.com/radio/On-Our-Watch-p1436229/",
"stitcher": "https://www.stitcher.com/show/on-our-watch",
"rss": "https://feeds.npr.org/510360/podcast.xml"
}
},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
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