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"slug": "californias-eviction-moratorium-extension-what-tenants-and-landlords-should-know",
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"content": "\u003cp>\u003cem>Updated June 29.\u003c/em> \u003cem>\u003ca href=\"https://www.kqed.org/news/11879638/que-significa-la-extension-de-la-moratoria-contra-desalojos-en-california\" target=\"_blank\" rel=\"noopener noreferrer\">Lea este artículo en español\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>California renters, who are still struggling to pay the rent even as the pandemic wanes, will be shielded from eviction through Sept. 30 under a last-minute deal announced June 25 by Gov. Gavin Newsom and legislative leaders.\u003c/p>\n\u003cp>The agreement, which more fully opens up $5.2 billion to pay full back rent and rent going forward, was approved Monday by the Assembly and state Senate. Newsom, who faces a recall election later this year, \u003ca href=\"https://www.gov.ca.gov/2021/06/28/governor-newsom-signs-nation-leading-rent-relief-program-for-low-income-tenants-eviction-moratorium-extension-additional-legislation/\">signed the bill Monday night\u003c/a>, just before the existing protections expire after Wednesday, June 30.\u003c/p>\n\u003cp>In statements, Newsom and legislative leaders who negotiated the new protections said they would keep families from falling through the safety net as California reopens from COVID-19 and the economy recovers.\u003c/p>\n\u003cp>“This proposal avoids a massive eviction cliff, allowing us to keep tenants in their homes and get landlords the financial support they need,” said Assembly Housing and Community Development Committee Chair David Chiu, a San Francisco Democrat who put together the initial moratorium.\u003c/p>\n\u003cp>Some tenant groups, however, wanted a longer extension of the eviction ban, saying that three months isn’t long enough to get rent relief distributed.\u003c/p>\n\u003cp>“This timeline does not match the reality the state faces and tenants will be left out to dry,” Francisco Dueñas, executive director of Housing Now!, said in a statement.\u003c/p>\n\u003cp>[aside tag=\"rent, eviction\" label=\"More Related Stories\"]Assembly Speaker Anthony Rendon, a Lakewood Democrat, told CalMatters that lawmakers couldn’t guarantee they would get rental relief to everyone by Sept. 30, “but we do want to do everything we possibly can.”\u003c/p>\n\u003cp>He said the Legislature would reassess the program as the end date draws closer. “We’re trying to implement new processes and protections, and we’re hoping that those will be effective,” he said. “And we’re also obviously hoping that the economy is in full swing and hopefully an eviction moratorium will not be necessary moving forward.”\u003c/p>\n\u003cp>While advocacy groups representing tenants and landlords said they were shut out of the negotiations — \u003ca href=\"https://calmatters.org/california-divide/2021/04/capitol-mum-on-eviction-moratorium-extension-as-renters-seek-more-time/\" target=\"_blank\" rel=\"noopener noreferrer\">similar to the last two rounds of negotiations\u003c/a> — both sides managed to get some key provisions they wanted. Here are some key components of Assembly Bill 832:\u003c/p>\n\u003ch3>What would this mean for tenants?\u003c/h3>\n\u003cp>Tenants would have a defense in court should their landlord evict them over non-payment of rent through Sept. 30. They still have to \u003ca href=\"https://housing.ca.gov/covid_rr/covid19_financial_distress_form.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">submit a declaration saying they are unable to make full rent\u003c/a>, and pay at least 25% of their monthly rent between Sept. 1, 2020 and June 2021, or in bulk, by Sept. 30, to avoid eviction.\u003c/p>\n\u003cp>“If you are served with a 15-day notice and do not provide the declaration form to your landlord before the 15-day notice expires, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB832\" target=\"_blank\" rel=\"noopener noreferrer\">you could be evicted\u003c/a>,” the bill says.\u003c/p>\n\u003cfigure id=\"attachment_11879553\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11879553\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-800x533.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-1020x680.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-160x107.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-1536x1024.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03.jpeg 1568w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oakland resident Andrew Rosenburg holds up a banner while protesting rent evictions during the pandemic on Dec. 5, 2020 in Oakland. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Additional documentation, such as a bank statement proving a decrease in income, could be required in cases where a landlord has proof the tenant makes over a certain income.\u003c/p>\n\u003cp>Tenants will still need to abide by their lease in order to avoid eviction for reasons other than non-payment of rent.\u003c/p>\n\u003cp>Evictions over non-payment of rent could resume on Oct. 1, but people who make less than 80% of the area median income and were financially affected by COVID would have another six months to apply for rental assistance funds.\u003c/p>\n\u003cp>If the rent relief application goes through, the eviction process will be blocked, and landlords will be able to receive compensation for missed back rent. If the tenant is ineligible, however, the proceeding will continue.\u003c/p>\n\u003cp>Lupe Arreola, executive director of Tenants Together, said while the additional legal protections sound good in theory, they may not work in real life. “We’re saying that’s wishful thinking. We’re saying that’s not going to happen.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>So what about the money? The bill says tenants, as well as their landlords, will be able to \u003ca href=\"https://housing.ca.gov/covid_rr/program_overview.html#renter\" target=\"_blank\" rel=\"noopener noreferrer\">apply for 100% of back rent and up to three months of forward rent\u003c/a>. Previously, without landlord approval, a tenant was eligible for only 25% of missed rental payments.\u003c/p>\n\u003cp>That was a key ask from tenant advocates, and a source of worry for landlords, who said the provision would be abused. Tenants who receive rental assistance will acknowledge under penalty of perjury they will use the money to pay missed rent.\u003c/p>\n\u003cp>If the landlord still tries to evict the tenant over non-payment of rent, the court will be able to check whether the tenant received state dollars. If they paid the full amount to the landlord, the eviction will be blocked.\u003c/p>\n\u003cp>The bill also shields evictions over non-payment of rent from appearing on a tenant’s record, which hampers the ability to rent in the future.\u003c/p>\n\u003ch3>Who is eligible for relief?\u003c/h3>\n\u003cp>The tenant’s household income must be at or below 80% of the area median income during 2020 or 2021. Those income brackets \u003ca href=\"https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits/docs/income-limits-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">vary by region\u003c/a>. Tenants with an income below 50% will be prioritized. Assistance is available to tenants regardless of their immigration status.\u003c/p>\n\u003cp>Local jurisdictions distributing rental relief might have different rules, however; during the last round of funds in Los Angeles, for example, \u003ca href=\"https://hcidla.lacity.org/\" target=\"_blank\" rel=\"noopener noreferrer\">a two-person household couldn’t make more than $45,050\u003c/a>.\u003c/p>\n\u003cp>The bill expands eligibility to tenants who may have moved out of their home during the pandemic, \u003ca href=\"https://calmatters.org/housing/2021/04/california-rent-relief-tenants/\" target=\"_blank\" rel=\"noopener noreferrer\">who were not covered previously\u003c/a>. They can now apply for back rent owed to a previous landlord.\u003c/p>\n\u003ch3>What does this deal mean for landlords?\u003c/h3>\n\u003cp>Landlords will be unable to evict tenants over non-payment of rent through Sept. 30. To file an eviction lawsuit after that, the landlord must provide evidence to the court they applied for rental assistance. The case can only proceed if the tenant does not complete their application or qualify for aid.\u003c/p>\n\u003cp>Landlord groups, which hoped the protections would not be further extended, are frustrated by this provision.\u003c/p>\n\u003cp>“While there is some recognition of this distress in the deal by providing 100% in rent assistance and requirements for the tenants to use the funds to pay rent, we are very concerned as to when this moratorium will actually end,” Christine LaMarca, president of the California Rental Housing Association, which represents more than 20,000 landlords, said in a statement.\u003c/p>\n\u003cp>Landlords will still be able to evict tenants for a substantial remodel only if that is necessary to comply with health and safety standards, and if the owner of the property is selling it to a buyer who intends to occupy the property. They cannot, for example, sell to someone who intends to rent out the place.\u003c/p>\n\u003cp>Those restrictions might be \u003ca href=\"https://www.latimes.com/california/story/2021-06-22/la-county-extends-covid19-eviction-moratorium-through-september\" target=\"_blank\" rel=\"noopener noreferrer\">tighter in certain localities\u003c/a>, like Los Angeles, which passed a local moratorium earlier this week. But under the bill, other cities would not be able to enact stricter rules through March 2022, a provision \u003ca href=\"https://caanet.org/lawmakers-introduce-short-term-extension-of-covid-19-eviction-moratorium/\" target=\"_blank\" rel=\"noopener noreferrer\">supported by the California Apartment Association\u003c/a>.\u003c/p>\n\u003cp>Landlords would be able to apply for 100% of back and forward rent. The previous law said a landlord could apply for 80% of missed rent payments and would have to forgive the remaining 20%; the new bill means that even those who applied for only partial refund will be receiving the missing funds.\u003c/p>\n\u003cp>If both a landlord and a tenant applied for funds, the money will go directly to the landlord. It will only go to the tenant if the landlord declines to participate in the program.\u003c/p>\n\u003cp>But the California Apartment Association said the state’s moratorium extension, and the final federal extension through July announced Thursday, would not be necessary if the rent relief money was getting out to landlords and tenants.\u003c/p>\n\u003cp>“It is frustrating that the state of California and numerous local governments have not quickly disbursed funds to those in need, especially to mom-and-pop rental housing providers who have not seen any rent payments yet must still pay the mortgage, insurance, taxes, maintenance and other expenses,” association President Tom Bannon said in a statement.\u003c/p>\n\u003ch3>What about the money?\u003c/h3>\n\u003cp>The protections are tied to dollars; and lots of them. The state approved an additional $2.6 billion of rental assistance, plus an existing $2.6 billion, all from federal relief funding. That’s $5.2 billion available to cover the missed back rent and up to three months of forward rent.\u003c/p>\n\u003cp>An analysis by PolicyLink, an Oakland-based research group, suggests that about \u003ca href=\"https://nationalequityatlas.org/rent-debt\" target=\"_blank\" rel=\"noopener noreferrer\">758,000 households in California are behind on rent\u003c/a> and owe a total of $3.5 billion. [pullquote size=\"medium\" align=\"right\" citation=\"Brian Augusta, California Rural Legal Assistance Foundation\"]‘The linchpin in all of this is the billions of dollars we have from the federal government. We have got to urgently fix whatever has slowed the flow of that money to a trickle.’[/pullquote]\u003c/p>\n\u003cp>That money has gone out at a snail’s pace. While billions have been available since January, the state has distributed from its pot only \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article252289103.html\" target=\"_blank\" rel=\"noopener noreferrer\">$61.6 million in relief\u003c/a> to a little more than 5,000 households so far.\u003c/p>\n\u003cp>“The linchpin in all of this is the billions of dollars we have from the federal government,” Brian Augusta, legislative advocate for the California Rural Legal Assistance Foundation, told CalMatters. “We have got to urgently fix whatever has slowed the flow of that money to a trickle.”\u003c/p>\n\u003cp>Several cities, including Los Angeles and San Francisco, have reported demand for rental assistance far outweighed availability. The bill says that unspent funds will be redirected to those places with the highest need.\u003c/p>\n\u003cp>The bill also grants larger cities and counties the ability to administer their own rental funds, instead of having to rely on the state to administer a portion of those. That was a major request from local governments.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Gov. Gavin Newsom has signed an agreement with legislators to extend California's eviction ban through Sept. 30, to provide full back rent for tenants and landlords. The deal includes fixes to speed rent relief payments.",
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"title": "California’s Eviction Moratorium Extension: What Tenants and Landlords Should Know | KQED",
"description": "Gov. Gavin Newsom has signed an agreement with legislators to extend California's eviction ban through Sept. 30, to provide full back rent for tenants and landlords. The deal includes fixes to speed rent relief payments.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated June 29.\u003c/em> \u003cem>\u003ca href=\"https://www.kqed.org/news/11879638/que-significa-la-extension-de-la-moratoria-contra-desalojos-en-california\" target=\"_blank\" rel=\"noopener noreferrer\">Lea este artículo en español\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>California renters, who are still struggling to pay the rent even as the pandemic wanes, will be shielded from eviction through Sept. 30 under a last-minute deal announced June 25 by Gov. Gavin Newsom and legislative leaders.\u003c/p>\n\u003cp>The agreement, which more fully opens up $5.2 billion to pay full back rent and rent going forward, was approved Monday by the Assembly and state Senate. Newsom, who faces a recall election later this year, \u003ca href=\"https://www.gov.ca.gov/2021/06/28/governor-newsom-signs-nation-leading-rent-relief-program-for-low-income-tenants-eviction-moratorium-extension-additional-legislation/\">signed the bill Monday night\u003c/a>, just before the existing protections expire after Wednesday, June 30.\u003c/p>\n\u003cp>In statements, Newsom and legislative leaders who negotiated the new protections said they would keep families from falling through the safety net as California reopens from COVID-19 and the economy recovers.\u003c/p>\n\u003cp>“This proposal avoids a massive eviction cliff, allowing us to keep tenants in their homes and get landlords the financial support they need,” said Assembly Housing and Community Development Committee Chair David Chiu, a San Francisco Democrat who put together the initial moratorium.\u003c/p>\n\u003cp>Some tenant groups, however, wanted a longer extension of the eviction ban, saying that three months isn’t long enough to get rent relief distributed.\u003c/p>\n\u003cp>“This timeline does not match the reality the state faces and tenants will be left out to dry,” Francisco Dueñas, executive director of Housing Now!, said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Assembly Speaker Anthony Rendon, a Lakewood Democrat, told CalMatters that lawmakers couldn’t guarantee they would get rental relief to everyone by Sept. 30, “but we do want to do everything we possibly can.”\u003c/p>\n\u003cp>He said the Legislature would reassess the program as the end date draws closer. “We’re trying to implement new processes and protections, and we’re hoping that those will be effective,” he said. “And we’re also obviously hoping that the economy is in full swing and hopefully an eviction moratorium will not be necessary moving forward.”\u003c/p>\n\u003cp>While advocacy groups representing tenants and landlords said they were shut out of the negotiations — \u003ca href=\"https://calmatters.org/california-divide/2021/04/capitol-mum-on-eviction-moratorium-extension-as-renters-seek-more-time/\" target=\"_blank\" rel=\"noopener noreferrer\">similar to the last two rounds of negotiations\u003c/a> — both sides managed to get some key provisions they wanted. Here are some key components of Assembly Bill 832:\u003c/p>\n\u003ch3>What would this mean for tenants?\u003c/h3>\n\u003cp>Tenants would have a defense in court should their landlord evict them over non-payment of rent through Sept. 30. They still have to \u003ca href=\"https://housing.ca.gov/covid_rr/covid19_financial_distress_form.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">submit a declaration saying they are unable to make full rent\u003c/a>, and pay at least 25% of their monthly rent between Sept. 1, 2020 and June 2021, or in bulk, by Sept. 30, to avoid eviction.\u003c/p>\n\u003cp>“If you are served with a 15-day notice and do not provide the declaration form to your landlord before the 15-day notice expires, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB832\" target=\"_blank\" rel=\"noopener noreferrer\">you could be evicted\u003c/a>,” the bill says.\u003c/p>\n\u003cfigure id=\"attachment_11879553\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11879553\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-800x533.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-1020x680.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-160x107.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03-1536x1024.jpeg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/120520_HousingProtest_AW_sized_03.jpeg 1568w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oakland resident Andrew Rosenburg holds up a banner while protesting rent evictions during the pandemic on Dec. 5, 2020 in Oakland. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Additional documentation, such as a bank statement proving a decrease in income, could be required in cases where a landlord has proof the tenant makes over a certain income.\u003c/p>\n\u003cp>Tenants will still need to abide by their lease in order to avoid eviction for reasons other than non-payment of rent.\u003c/p>\n\u003cp>Evictions over non-payment of rent could resume on Oct. 1, but people who make less than 80% of the area median income and were financially affected by COVID would have another six months to apply for rental assistance funds.\u003c/p>\n\u003cp>If the rent relief application goes through, the eviction process will be blocked, and landlords will be able to receive compensation for missed back rent. If the tenant is ineligible, however, the proceeding will continue.\u003c/p>\n\u003cp>Lupe Arreola, executive director of Tenants Together, said while the additional legal protections sound good in theory, they may not work in real life. “We’re saying that’s wishful thinking. We’re saying that’s not going to happen.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So what about the money? The bill says tenants, as well as their landlords, will be able to \u003ca href=\"https://housing.ca.gov/covid_rr/program_overview.html#renter\" target=\"_blank\" rel=\"noopener noreferrer\">apply for 100% of back rent and up to three months of forward rent\u003c/a>. Previously, without landlord approval, a tenant was eligible for only 25% of missed rental payments.\u003c/p>\n\u003cp>That was a key ask from tenant advocates, and a source of worry for landlords, who said the provision would be abused. Tenants who receive rental assistance will acknowledge under penalty of perjury they will use the money to pay missed rent.\u003c/p>\n\u003cp>If the landlord still tries to evict the tenant over non-payment of rent, the court will be able to check whether the tenant received state dollars. If they paid the full amount to the landlord, the eviction will be blocked.\u003c/p>\n\u003cp>The bill also shields evictions over non-payment of rent from appearing on a tenant’s record, which hampers the ability to rent in the future.\u003c/p>\n\u003ch3>Who is eligible for relief?\u003c/h3>\n\u003cp>The tenant’s household income must be at or below 80% of the area median income during 2020 or 2021. Those income brackets \u003ca href=\"https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits/docs/income-limits-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">vary by region\u003c/a>. Tenants with an income below 50% will be prioritized. Assistance is available to tenants regardless of their immigration status.\u003c/p>\n\u003cp>Local jurisdictions distributing rental relief might have different rules, however; during the last round of funds in Los Angeles, for example, \u003ca href=\"https://hcidla.lacity.org/\" target=\"_blank\" rel=\"noopener noreferrer\">a two-person household couldn’t make more than $45,050\u003c/a>.\u003c/p>\n\u003cp>The bill expands eligibility to tenants who may have moved out of their home during the pandemic, \u003ca href=\"https://calmatters.org/housing/2021/04/california-rent-relief-tenants/\" target=\"_blank\" rel=\"noopener noreferrer\">who were not covered previously\u003c/a>. They can now apply for back rent owed to a previous landlord.\u003c/p>\n\u003ch3>What does this deal mean for landlords?\u003c/h3>\n\u003cp>Landlords will be unable to evict tenants over non-payment of rent through Sept. 30. To file an eviction lawsuit after that, the landlord must provide evidence to the court they applied for rental assistance. The case can only proceed if the tenant does not complete their application or qualify for aid.\u003c/p>\n\u003cp>Landlord groups, which hoped the protections would not be further extended, are frustrated by this provision.\u003c/p>\n\u003cp>“While there is some recognition of this distress in the deal by providing 100% in rent assistance and requirements for the tenants to use the funds to pay rent, we are very concerned as to when this moratorium will actually end,” Christine LaMarca, president of the California Rental Housing Association, which represents more than 20,000 landlords, said in a statement.\u003c/p>\n\u003cp>Landlords will still be able to evict tenants for a substantial remodel only if that is necessary to comply with health and safety standards, and if the owner of the property is selling it to a buyer who intends to occupy the property. They cannot, for example, sell to someone who intends to rent out the place.\u003c/p>\n\u003cp>Those restrictions might be \u003ca href=\"https://www.latimes.com/california/story/2021-06-22/la-county-extends-covid19-eviction-moratorium-through-september\" target=\"_blank\" rel=\"noopener noreferrer\">tighter in certain localities\u003c/a>, like Los Angeles, which passed a local moratorium earlier this week. But under the bill, other cities would not be able to enact stricter rules through March 2022, a provision \u003ca href=\"https://caanet.org/lawmakers-introduce-short-term-extension-of-covid-19-eviction-moratorium/\" target=\"_blank\" rel=\"noopener noreferrer\">supported by the California Apartment Association\u003c/a>.\u003c/p>\n\u003cp>Landlords would be able to apply for 100% of back and forward rent. The previous law said a landlord could apply for 80% of missed rent payments and would have to forgive the remaining 20%; the new bill means that even those who applied for only partial refund will be receiving the missing funds.\u003c/p>\n\u003cp>If both a landlord and a tenant applied for funds, the money will go directly to the landlord. It will only go to the tenant if the landlord declines to participate in the program.\u003c/p>\n\u003cp>But the California Apartment Association said the state’s moratorium extension, and the final federal extension through July announced Thursday, would not be necessary if the rent relief money was getting out to landlords and tenants.\u003c/p>\n\u003cp>“It is frustrating that the state of California and numerous local governments have not quickly disbursed funds to those in need, especially to mom-and-pop rental housing providers who have not seen any rent payments yet must still pay the mortgage, insurance, taxes, maintenance and other expenses,” association President Tom Bannon said in a statement.\u003c/p>\n\u003ch3>What about the money?\u003c/h3>\n\u003cp>The protections are tied to dollars; and lots of them. The state approved an additional $2.6 billion of rental assistance, plus an existing $2.6 billion, all from federal relief funding. That’s $5.2 billion available to cover the missed back rent and up to three months of forward rent.\u003c/p>\n\u003cp>An analysis by PolicyLink, an Oakland-based research group, suggests that about \u003ca href=\"https://nationalequityatlas.org/rent-debt\" target=\"_blank\" rel=\"noopener noreferrer\">758,000 households in California are behind on rent\u003c/a> and owe a total of $3.5 billion. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That money has gone out at a snail’s pace. While billions have been available since January, the state has distributed from its pot only \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article252289103.html\" target=\"_blank\" rel=\"noopener noreferrer\">$61.6 million in relief\u003c/a> to a little more than 5,000 households so far.\u003c/p>\n\u003cp>“The linchpin in all of this is the billions of dollars we have from the federal government,” Brian Augusta, legislative advocate for the California Rural Legal Assistance Foundation, told CalMatters. “We have got to urgently fix whatever has slowed the flow of that money to a trickle.”\u003c/p>\n\u003cp>Several cities, including Los Angeles and San Francisco, have reported demand for rental assistance far outweighed availability. The bill says that unspent funds will be redirected to those places with the highest need.\u003c/p>\n\u003cp>The bill also grants larger cities and counties the ability to administer their own rental funds, instead of having to rely on the state to administer a portion of those. That was a major request from local governments.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "derek-chauvin-sentenced-to-22-5-years-for-murdering-george-floyd",
"title": "Derek Chauvin Sentenced to 22.5 Years for Murdering George Floyd",
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"headTitle": "Derek Chauvin Sentenced to 22.5 Years for Murdering George Floyd | KQED",
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"content": "\u003cp>A Minnesota judge sentenced Derek Chauvin to 22.5 years in prison Friday for the \u003ca href=\"https://www.npr.org/2021/04/20/989283638/jury-finds-derek-chauvin-guilty-on-all-counts-in-killing-of-george-floyd\">murder of George Floyd\u003c/a> — a punishment that exceeds the state’s minimum guidelines but falls short of prosecutors’ request of a \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/06/03/1002815551/chauvin-30-years-time-served-sentence-george-floyd-murder\">30-year sentence\u003c/a>.\u003c/p>\n\u003cp>The punishment will include time Chauvin has already served, the judge said.\u003c/p>\n\u003cp>In April, a jury found the former Minneapolis police officer, who is white, guilty of murdering Floyd, who was Black, last year. The killing triggered \u003ca href=\"https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/07/27/896043971/portland-protesters-file-suit-against-trump-administration-over-federal-response\">massive protests \u003c/a>against racial injustice and also \u003ca href=\"https://www.npr.org/2021/04/27/990580272/with-slow-progress-on-federal-level-police-reform-remains-patchwork-across-u-s\">prompted reviews\u003c/a> of the police use of force — including how much the law should protect officers when someone dies in their custody.\u003c/p>\n\u003cp>As in earlier proceedings, the sentencing hearing was livestreamed from the courtroom. The sentence announcement followed emotional victim impact statements from Floyd’s family, as well as a heartfelt message of support from Chauvin’s mother.\u003c/p>\n\u003cfigure id=\"attachment_11879372\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/ap21176695885351-a93a1aff358bd47fb425f55a49dd97d3e3c82963-e1624651424112.jpg\" alt=\"\" width=\"1920\" height=\"1440\" class=\"size-full wp-image-11879372\">\u003cfigcaption class=\"wp-caption-text\">In this screen grab from video, former Minneapolis police officer Derek Chauvin is seen at his sentencing hearing on Friday.\u003cbr> \u003ccite>(Court TV, via AP, Pool)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chauvin was seen on video pressing his knee onto Floyd’s neck for 9 minutes and 29 seconds as Floyd lay facedown on the asphalt outside a convenience store with his hands cuffed behind his back. The police had been called to the store after Floyd allegedly used a counterfeit $20 bill to pay for cigarettes.\u003c/p>\n\u003cp>The guilty verdict against Chauvin was \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/04/20/989335036/finally-america-reacts-to-chauvin-guilty-verdict\">hailed as a civil rights victory\u003c/a>. Since then, his prison sentence has been awaited as a possible affirmation of that victory.\u003c/p>\n\u003cp>Chauvin has been jailed since his guilty verdict. He was in court for Friday’s sentencing hearing, wearing a suit rather than a prisoner’s uniform by a special order of the court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>Chauvin Offers Condolences in a Brief Statement\u003c/h3>\n\u003cp>Chauvin, who did not testify during his trial, addressed the court in remarks that he said would be kept brief as he is still facing other legal issues — including federal charges.\u003c/p>\n\u003cp>“I want to give my condolences to the Floyd family,” Chauvin said as he looked toward Floyd’s relatives in the courtroom.\u003c/p>\n\u003cp>And in a cryptic moment, the former officer added, “There’s going to be some other information in the future that would be of interest. And I hope things will give you some, some peace of mind. Thank you.”\u003c/p>\n\u003cp>Under Minnesota law, people sentenced to prison become eligible to be considered for parole after serving\u003ca href=\"https://mn.gov/msgc-stat/documents/Guidelines/2020/2020StandardSentencingGuidelinesGrid.pdf\"> two-thirds of their sentence\u003c/a>, as long as they’ve had no disciplinary problems while in custody.\u003c/p>\n\u003cp>Chauvin “is the first white officer in Minnesota to face prison time for the killing of a Black man,” according to member station \u003ca href=\"https://www.mprnews.org/story/2021/06/24/chauvin-first-white-officer-in-minn-to-face-prison-time-for-killing-a-black-man\">Minnesota Public Radio\u003c/a>.\u003c/p>\n\u003ch3>Floyd’s Daughter, 7, Gives Her Victim Impact Statement\u003c/h3>\n\u003cp>Floyd’s loved ones delivered four victim impact statements in court. The first was a video conversation with Floyd’s seven-year-old daughter, Gianna.\u003c/p>\n\u003cp>“I ask about him all the time,” she said, adding that she wants to know, “How did my dad get hurt?”\u003c/p>\n\u003cp>Gianna said her father is still with her in spirit. When she sees him again, she said, she wants to play with him.\u003c/p>\n\u003cp>“I miss you and I love you,” she said she would tell her father, adding that every night, he used to help her brush her teeth.\u003c/p>\n\u003cp>The girl added that other people have helped her father, after “those mean people did something to him.”\u003c/p>\n\u003cfigure id=\"attachment_11879373\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/ap21176683080099-db15c1c754292960f54fc3cca2a6daa4950c7cd9-e1624651675412.jpg\" alt=\"\" width=\"1920\" height=\"1440\" class=\"size-full wp-image-11879373\">\u003cfigcaption class=\"wp-caption-text\">In this image taken from video, Philonise Floyd, brother of George Floyd, becomes emotional during victim impact statements at Derek Chauvin’s sentencing hearing Friday.\u003cbr> \u003ccite>(Court TV via AP, Pool)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>Floyd’s Brother Asks Chauvin: ‘Why?’\u003c/h3>\n\u003cp>“This situation has really affected me and my family,” Floyd’s brother Terrence Floyd said.\u003c/p>\n\u003cp>Addressing Chauvin in the courtroom, Floyd said he has some questions.\u003c/p>\n\u003cp>“Why? What were you thinking? What was going through your head when you had your knee on my brother’s neck?”\u003c/p>\n\u003cp>He then took a moment to compose himself, after growing emotional.\u003c/p>\n\u003cp>He went on to describe how, in one of his last conversations with his brother, they had been planning playdates for their daughters.\u003c/p>\n\u003cp>Asking for a maximum penalty against Chauvin, Terrence Floyd said there should be “no more slaps on the wrist.”\u003c/p>\n\u003cp>Philonise Floyd, who has become an outspoken advocate for his brother after his death, then told the court that he has relived Floyd’s death repeatedly in the past year. He no longer knows what it feels like to get a full night’s sleep, he said.\u003c/p>\n\u003cp>“My family and I have been given a life sentence” to live without George Floyd, Philonise Floyd added.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='george-floyd']\u003c/p>\n\u003ch3>Chauvin’s Mother Says She Supports Her Son ‘100 Percent’\u003c/h3>\n\u003cp>Chauvin’s mother, Carolyn Pawlenty, spoke in court on his behalf and for her entire family, she said.\u003c/p>\n\u003cp>All their lives changed forever the day Floyd died, Pawlenty said.\u003c/p>\n\u003cp>Her son is not an “aggressive, heartless and uncaring person,” or a racist, she said. “My son is a good man,” Pawlenty said, noting his years of dedication to being a police officer.\u003c/p>\n\u003cp>Saying that she supports her son 100 percent, she added that the past year has taken a toll on him.\u003c/p>\n\u003cp>“When you sentence my son, you will also be sentencing me,” Pawlenty told Judge Peter Cahill. She noted that if her son serves a long prison term, his parents may not be alive when he is released.\u003c/p>\n\u003cp>Addressing Chauvin, Pawlenty said she is on his side and told him to be strong.\u003c/p>\n\u003cp>“Remember you are my favorite son,” she said.\u003c/p>\n\u003ch3>Lawyers Argued Over Aggravating Factors\u003c/h3>\n\u003cp>Minnesota guidelines called for Chauvin to be sentenced to around 12 1/2 years for second-degree unintentional murder, given his lack of prior criminal history. But state prosecutors pushed for a 30-year term, saying Chauvin “acted with particular cruelty,” among other aggravating factors in the case.\u003c/p>\n\u003cp>The prosecution also cited Chauvin’s abuse of a position of authority and Floyd’s killing in front of children and other witnesses, saying his punishment requires an “upward departure” from the guidelines. Cahill \u003ca href=\"https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Order05112021.pdf\">agreed\u003c/a>, saying that aggravating factors had been proven beyond a reasonable doubt.\u003c/p>\n\u003cp>Eric Nelson, Chauvin’s defense attorney, asked for Chauvin to be \u003ca href=\"https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Memorandum06022021.pdf\">sentenced to probation\u003c/a> along with time already served, saying that Chauvin, 45, would likely be a target in prison. He also says that with the support of his family and friends, Chauvin still has the potential to be a positive influence on his community.\u003c/p>\n\u003cp>Chauvin was found guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter. But he’s being punished only for the most serious charge: second-degree murder while committing a felony. In Minnesota, a person convicted of multiple crimes that happened at the same time is typically only sentenced for the most severe charge.\u003c/p>\n\u003cp>The state’s maximum prison term for second-degree unintentional murder \u003ca href=\"https://www.revisor.mn.gov/statutes/cite/609.19\">is 40 years\u003c/a>, although the \u003ca href=\"https://mn.gov/msgc-stat/documents/Guidelines/2020/2020StandardSentencingGuidelinesGrid.pdf\">sentencing guidelines\u003c/a> for second-degree unintentional murder largely taper off at 24 years.\u003c/p>\n\u003ch3>Chauvin Also Faces Federal Charges\u003c/h3>\n\u003cfigure id=\"attachment_11879374\" class=\"wp-caption aligncenter\" style=\"max-width: 1857px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/ap21167806766190_custom-891cab8dc94e289d84be7e0ac99e8caea07036b9-e1624651756396.jpg\" alt=\"\" width=\"1857\" height=\"1236\" class=\"size-full wp-image-11879374\">\u003cfigcaption class=\"wp-caption-text\">Former Minneapolis police Officer Derek Chauvin listens to verdicts at his trial in April for the 2020 death of George Floyd at the Hennepin County Courthouse in Minneapolis. Chauvin was convicted of murder and manslaughter charges in state court and is scheduled to be sentenced June 25.\u003cbr> \u003ccite>(Court TV via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Weeks after Chauvin was found guilty of murdering Floyd, the Justice Department announced federal criminal charges against him and three of his fellow former officers over Floyd’s death.\u003c/p>\n\u003cp>A federal grand jury \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/05/07/987737695/justice-department-brings-federal-criminal-charges-against-derek-chauvin-3-other\">indicted the four on charges\u003c/a> of violating Floyd’s civil rights, with Chauvin accused of using excessive force and ignoring the medical emergency that ended in Floyd’s death.\u003c/p>\n\u003cp>The other former officers — J. Alexander Kueng, Thomas Lane and Tou Thao — are also accused of not getting immediate medical help for Floyd, with Kueng and Thao facing an addition charge of failing to intervene and showing “deliberate indifference” to Floyd’s predicament.\u003c/p>\n\u003cp>The grand jury also indicted Chauvin over an arrest he made in 2017, in which he allegedly used a neck restraint and beat a teenager with a flashlight.\u003c/p>\n\u003cp>No trial date has been announced for the federal charges.\u003c/p>\n\u003cp>The three other former officers were already facing a state trial in August, on charges of aiding and abetting. But that trial has now been postponed until March of 2022.\u003c/p>\n\u003cp>All four of the Minneapolis officers involved in Floyd’s death were fired days after the incident.\u003c/p>\n\u003cp>Nelson had asked the state court for a new trial for Chauvin, saying intense press coverage tainted the jury pool. He also alleged prosecutorial misconduct, related to issues such as sharing evidence and handling witnesses. But Cahill \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/06/25/1010290622/derek-chauvin-new-trial-rejected-george-floyd-murder?live=1\">denied Nelson’s motion\u003c/a> on the eve of Friday’s sentencing.\u003c/p>\n\u003ch3>Police Killings Rarely Result in Criminal Charges\u003c/h3>\n\u003cp>Floyd’s murder and other high-profile cases, such as the police killing of Breonna Taylor in Louisville, Ky., have put intense scrutiny on the police use of deadly force against Black people, particularly by white officers.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.npr.org/2021/01/25/956177021/fatal-police-shootings-of-unarmed-black-people-reveal-troubling-patterns\">NPR investigation\u003c/a> from early this year found that police officers in the U.S. shot and killed at least 135 unarmed Black men and women since 2015, and that at least 75% of the officers were white.\u003c/p>\n\u003cp>Law enforcement officers in the U.S. killed 1,099 people in 2019 — by far the most in any wealthy democracy in both raw numbers and per capita, according to \u003ca href=\"https://www.prisonpolicy.org/blog/2020/06/05/policekillings/\">the Prison Policy Initiative\u003c/a>.\u003c/p>\n\u003cp>Those killings result in only a small number of officers being charged with a crime each year, and convictions of police on murder charges \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/04/20/989292294/where-the-chauvin-verdict-fits-in-the-recent-history-of-high-profile-police-kill\">are very rare\u003c/a>.\u003c/p>\n\u003cp>Last year brought a spike in the number of officers \u003ca href=\"https://www.npr.org/2021/06/22/1008975458/more-police-officers-have-died-on-the-job-so-far-this-year-than-in-2020-why\">who died on duty\u003c/a>, but as in most years, traffic incidents accounted for the largest share of those deaths.\u003c/p>\n\u003ch3>Chauvin Case Propelled Calls to Change Policing in the US\u003c/h3>\n\u003cp>The uproar over Floyd’s death has helped change how some police departments train officers to use force, particularly chokeholds or carotid restraint holds.\u003c/p>\n\u003cp>But as NPR reported last summer, \u003ca href=\"https://www.npr.org/2020/06/16/877527974/how-decades-of-bans-on-police-chokeholds-have-fallen-short\">bans on neck restraints\u003c/a> have been mostly ineffective or unenforced. Chauvin’s actions against Floyd, for instance, were described by Minneapolis Police Chief Medaria Arradondo as violating the department’s policies on the use of force, as well de-escalation and rendering aid.\u003c/p>\n\u003cp>Advocates of police reform also say it’s time to limit or revoke qualified immunity — a legal doctrine established by the Supreme Court in 1967 that has been used to shield officers from facing liability for egregious actions while on-duty.\u003c/p>\n\u003cp>“The people pushing for this change say the Supreme Court has tightened qualified immunity so much in recent decades that it’s become nearly impossible for courts to recognize even blatant examples of police misconduct as illegal,” NPR’s Martin Kaste \u003ca href=\"https://www.npr.org/2020/06/08/872470083/qualified-immunity-a-doctrine-that-made-it-much-harder-to-sue-the-police\">reported last year\u003c/a>. “But police see things very differently. For them, qualified immunity has become a necessary safe harbor in a fast-paced, often dangerous job.”\u003c/p>\n\u003cp>Qualified immunity’s critics range from far-left activists to the libertarian \u003ca href=\"https://www.cato.org/policy-analysis/qualified-immunity-legal-practical-moral-failure#complete-abolition\">Cato Institute\u003c/a>.\u003c/p>\n\u003cp>A federal judge \u003ca href=\"https://www.npr.org/2020/08/06/899489809/judge-shielding-cop-via-qualified-immunity-asks-whether-it-belongs-in-dustbin\">joined the critics\u003c/a> last year, saying that while an officer in a case before him was protected by the doctrine, qualified immunity should be tossed into “the dustbin of history.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Watch+Live%3A+Derek+Chauvin+Is+Sentenced+To+22.5+Years+George+Floyd%27s+Murder&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>A Minnesota judge sentenced Derek Chauvin to 22.5 years in prison Friday for the \u003ca href=\"https://www.npr.org/2021/04/20/989283638/jury-finds-derek-chauvin-guilty-on-all-counts-in-killing-of-george-floyd\">murder of George Floyd\u003c/a> — a punishment that exceeds the state’s minimum guidelines but falls short of prosecutors’ request of a \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/06/03/1002815551/chauvin-30-years-time-served-sentence-george-floyd-murder\">30-year sentence\u003c/a>.\u003c/p>\n\u003cp>The punishment will include time Chauvin has already served, the judge said.\u003c/p>\n\u003cp>In April, a jury found the former Minneapolis police officer, who is white, guilty of murdering Floyd, who was Black, last year. The killing triggered \u003ca href=\"https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/07/27/896043971/portland-protesters-file-suit-against-trump-administration-over-federal-response\">massive protests \u003c/a>against racial injustice and also \u003ca href=\"https://www.npr.org/2021/04/27/990580272/with-slow-progress-on-federal-level-police-reform-remains-patchwork-across-u-s\">prompted reviews\u003c/a> of the police use of force — including how much the law should protect officers when someone dies in their custody.\u003c/p>\n\u003cp>As in earlier proceedings, the sentencing hearing was livestreamed from the courtroom. The sentence announcement followed emotional victim impact statements from Floyd’s family, as well as a heartfelt message of support from Chauvin’s mother.\u003c/p>\n\u003cfigure id=\"attachment_11879372\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/ap21176695885351-a93a1aff358bd47fb425f55a49dd97d3e3c82963-e1624651424112.jpg\" alt=\"\" width=\"1920\" height=\"1440\" class=\"size-full wp-image-11879372\">\u003cfigcaption class=\"wp-caption-text\">In this screen grab from video, former Minneapolis police officer Derek Chauvin is seen at his sentencing hearing on Friday.\u003cbr> \u003ccite>(Court TV, via AP, Pool)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chauvin was seen on video pressing his knee onto Floyd’s neck for 9 minutes and 29 seconds as Floyd lay facedown on the asphalt outside a convenience store with his hands cuffed behind his back. The police had been called to the store after Floyd allegedly used a counterfeit $20 bill to pay for cigarettes.\u003c/p>\n\u003cp>The guilty verdict against Chauvin was \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/04/20/989335036/finally-america-reacts-to-chauvin-guilty-verdict\">hailed as a civil rights victory\u003c/a>. Since then, his prison sentence has been awaited as a possible affirmation of that victory.\u003c/p>\n\u003cp>Chauvin has been jailed since his guilty verdict. He was in court for Friday’s sentencing hearing, wearing a suit rather than a prisoner’s uniform by a special order of the court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>Chauvin Offers Condolences in a Brief Statement\u003c/h3>\n\u003cp>Chauvin, who did not testify during his trial, addressed the court in remarks that he said would be kept brief as he is still facing other legal issues — including federal charges.\u003c/p>\n\u003cp>“I want to give my condolences to the Floyd family,” Chauvin said as he looked toward Floyd’s relatives in the courtroom.\u003c/p>\n\u003cp>And in a cryptic moment, the former officer added, “There’s going to be some other information in the future that would be of interest. And I hope things will give you some, some peace of mind. Thank you.”\u003c/p>\n\u003cp>Under Minnesota law, people sentenced to prison become eligible to be considered for parole after serving\u003ca href=\"https://mn.gov/msgc-stat/documents/Guidelines/2020/2020StandardSentencingGuidelinesGrid.pdf\"> two-thirds of their sentence\u003c/a>, as long as they’ve had no disciplinary problems while in custody.\u003c/p>\n\u003cp>Chauvin “is the first white officer in Minnesota to face prison time for the killing of a Black man,” according to member station \u003ca href=\"https://www.mprnews.org/story/2021/06/24/chauvin-first-white-officer-in-minn-to-face-prison-time-for-killing-a-black-man\">Minnesota Public Radio\u003c/a>.\u003c/p>\n\u003ch3>Floyd’s Daughter, 7, Gives Her Victim Impact Statement\u003c/h3>\n\u003cp>Floyd’s loved ones delivered four victim impact statements in court. The first was a video conversation with Floyd’s seven-year-old daughter, Gianna.\u003c/p>\n\u003cp>“I ask about him all the time,” she said, adding that she wants to know, “How did my dad get hurt?”\u003c/p>\n\u003cp>Gianna said her father is still with her in spirit. When she sees him again, she said, she wants to play with him.\u003c/p>\n\u003cp>“I miss you and I love you,” she said she would tell her father, adding that every night, he used to help her brush her teeth.\u003c/p>\n\u003cp>The girl added that other people have helped her father, after “those mean people did something to him.”\u003c/p>\n\u003cfigure id=\"attachment_11879373\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/ap21176683080099-db15c1c754292960f54fc3cca2a6daa4950c7cd9-e1624651675412.jpg\" alt=\"\" width=\"1920\" height=\"1440\" class=\"size-full wp-image-11879373\">\u003cfigcaption class=\"wp-caption-text\">In this image taken from video, Philonise Floyd, brother of George Floyd, becomes emotional during victim impact statements at Derek Chauvin’s sentencing hearing Friday.\u003cbr> \u003ccite>(Court TV via AP, Pool)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>Floyd’s Brother Asks Chauvin: ‘Why?’\u003c/h3>\n\u003cp>“This situation has really affected me and my family,” Floyd’s brother Terrence Floyd said.\u003c/p>\n\u003cp>Addressing Chauvin in the courtroom, Floyd said he has some questions.\u003c/p>\n\u003cp>“Why? What were you thinking? What was going through your head when you had your knee on my brother’s neck?”\u003c/p>\n\u003cp>He then took a moment to compose himself, after growing emotional.\u003c/p>\n\u003cp>He went on to describe how, in one of his last conversations with his brother, they had been planning playdates for their daughters.\u003c/p>\n\u003cp>Asking for a maximum penalty against Chauvin, Terrence Floyd said there should be “no more slaps on the wrist.”\u003c/p>\n\u003cp>Philonise Floyd, who has become an outspoken advocate for his brother after his death, then told the court that he has relived Floyd’s death repeatedly in the past year. He no longer knows what it feels like to get a full night’s sleep, he said.\u003c/p>\n\u003cp>“My family and I have been given a life sentence” to live without George Floyd, Philonise Floyd added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>Chauvin’s Mother Says She Supports Her Son ‘100 Percent’\u003c/h3>\n\u003cp>Chauvin’s mother, Carolyn Pawlenty, spoke in court on his behalf and for her entire family, she said.\u003c/p>\n\u003cp>All their lives changed forever the day Floyd died, Pawlenty said.\u003c/p>\n\u003cp>Her son is not an “aggressive, heartless and uncaring person,” or a racist, she said. “My son is a good man,” Pawlenty said, noting his years of dedication to being a police officer.\u003c/p>\n\u003cp>Saying that she supports her son 100 percent, she added that the past year has taken a toll on him.\u003c/p>\n\u003cp>“When you sentence my son, you will also be sentencing me,” Pawlenty told Judge Peter Cahill. She noted that if her son serves a long prison term, his parents may not be alive when he is released.\u003c/p>\n\u003cp>Addressing Chauvin, Pawlenty said she is on his side and told him to be strong.\u003c/p>\n\u003cp>“Remember you are my favorite son,” she said.\u003c/p>\n\u003ch3>Lawyers Argued Over Aggravating Factors\u003c/h3>\n\u003cp>Minnesota guidelines called for Chauvin to be sentenced to around 12 1/2 years for second-degree unintentional murder, given his lack of prior criminal history. But state prosecutors pushed for a 30-year term, saying Chauvin “acted with particular cruelty,” among other aggravating factors in the case.\u003c/p>\n\u003cp>The prosecution also cited Chauvin’s abuse of a position of authority and Floyd’s killing in front of children and other witnesses, saying his punishment requires an “upward departure” from the guidelines. Cahill \u003ca href=\"https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Order05112021.pdf\">agreed\u003c/a>, saying that aggravating factors had been proven beyond a reasonable doubt.\u003c/p>\n\u003cp>Eric Nelson, Chauvin’s defense attorney, asked for Chauvin to be \u003ca href=\"https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Memorandum06022021.pdf\">sentenced to probation\u003c/a> along with time already served, saying that Chauvin, 45, would likely be a target in prison. He also says that with the support of his family and friends, Chauvin still has the potential to be a positive influence on his community.\u003c/p>\n\u003cp>Chauvin was found guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter. But he’s being punished only for the most serious charge: second-degree murder while committing a felony. In Minnesota, a person convicted of multiple crimes that happened at the same time is typically only sentenced for the most severe charge.\u003c/p>\n\u003cp>The state’s maximum prison term for second-degree unintentional murder \u003ca href=\"https://www.revisor.mn.gov/statutes/cite/609.19\">is 40 years\u003c/a>, although the \u003ca href=\"https://mn.gov/msgc-stat/documents/Guidelines/2020/2020StandardSentencingGuidelinesGrid.pdf\">sentencing guidelines\u003c/a> for second-degree unintentional murder largely taper off at 24 years.\u003c/p>\n\u003ch3>Chauvin Also Faces Federal Charges\u003c/h3>\n\u003cfigure id=\"attachment_11879374\" class=\"wp-caption aligncenter\" style=\"max-width: 1857px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/ap21167806766190_custom-891cab8dc94e289d84be7e0ac99e8caea07036b9-e1624651756396.jpg\" alt=\"\" width=\"1857\" height=\"1236\" class=\"size-full wp-image-11879374\">\u003cfigcaption class=\"wp-caption-text\">Former Minneapolis police Officer Derek Chauvin listens to verdicts at his trial in April for the 2020 death of George Floyd at the Hennepin County Courthouse in Minneapolis. Chauvin was convicted of murder and manslaughter charges in state court and is scheduled to be sentenced June 25.\u003cbr> \u003ccite>(Court TV via AP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Weeks after Chauvin was found guilty of murdering Floyd, the Justice Department announced federal criminal charges against him and three of his fellow former officers over Floyd’s death.\u003c/p>\n\u003cp>A federal grand jury \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/05/07/987737695/justice-department-brings-federal-criminal-charges-against-derek-chauvin-3-other\">indicted the four on charges\u003c/a> of violating Floyd’s civil rights, with Chauvin accused of using excessive force and ignoring the medical emergency that ended in Floyd’s death.\u003c/p>\n\u003cp>The other former officers — J. Alexander Kueng, Thomas Lane and Tou Thao — are also accused of not getting immediate medical help for Floyd, with Kueng and Thao facing an addition charge of failing to intervene and showing “deliberate indifference” to Floyd’s predicament.\u003c/p>\n\u003cp>The grand jury also indicted Chauvin over an arrest he made in 2017, in which he allegedly used a neck restraint and beat a teenager with a flashlight.\u003c/p>\n\u003cp>No trial date has been announced for the federal charges.\u003c/p>\n\u003cp>The three other former officers were already facing a state trial in August, on charges of aiding and abetting. But that trial has now been postponed until March of 2022.\u003c/p>\n\u003cp>All four of the Minneapolis officers involved in Floyd’s death were fired days after the incident.\u003c/p>\n\u003cp>Nelson had asked the state court for a new trial for Chauvin, saying intense press coverage tainted the jury pool. He also alleged prosecutorial misconduct, related to issues such as sharing evidence and handling witnesses. But Cahill \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/06/25/1010290622/derek-chauvin-new-trial-rejected-george-floyd-murder?live=1\">denied Nelson’s motion\u003c/a> on the eve of Friday’s sentencing.\u003c/p>\n\u003ch3>Police Killings Rarely Result in Criminal Charges\u003c/h3>\n\u003cp>Floyd’s murder and other high-profile cases, such as the police killing of Breonna Taylor in Louisville, Ky., have put intense scrutiny on the police use of deadly force against Black people, particularly by white officers.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.npr.org/2021/01/25/956177021/fatal-police-shootings-of-unarmed-black-people-reveal-troubling-patterns\">NPR investigation\u003c/a> from early this year found that police officers in the U.S. shot and killed at least 135 unarmed Black men and women since 2015, and that at least 75% of the officers were white.\u003c/p>\n\u003cp>Law enforcement officers in the U.S. killed 1,099 people in 2019 — by far the most in any wealthy democracy in both raw numbers and per capita, according to \u003ca href=\"https://www.prisonpolicy.org/blog/2020/06/05/policekillings/\">the Prison Policy Initiative\u003c/a>.\u003c/p>\n\u003cp>Those killings result in only a small number of officers being charged with a crime each year, and convictions of police on murder charges \u003ca href=\"https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/04/20/989292294/where-the-chauvin-verdict-fits-in-the-recent-history-of-high-profile-police-kill\">are very rare\u003c/a>.\u003c/p>\n\u003cp>Last year brought a spike in the number of officers \u003ca href=\"https://www.npr.org/2021/06/22/1008975458/more-police-officers-have-died-on-the-job-so-far-this-year-than-in-2020-why\">who died on duty\u003c/a>, but as in most years, traffic incidents accounted for the largest share of those deaths.\u003c/p>\n\u003ch3>Chauvin Case Propelled Calls to Change Policing in the US\u003c/h3>\n\u003cp>The uproar over Floyd’s death has helped change how some police departments train officers to use force, particularly chokeholds or carotid restraint holds.\u003c/p>\n\u003cp>But as NPR reported last summer, \u003ca href=\"https://www.npr.org/2020/06/16/877527974/how-decades-of-bans-on-police-chokeholds-have-fallen-short\">bans on neck restraints\u003c/a> have been mostly ineffective or unenforced. Chauvin’s actions against Floyd, for instance, were described by Minneapolis Police Chief Medaria Arradondo as violating the department’s policies on the use of force, as well de-escalation and rendering aid.\u003c/p>\n\u003cp>Advocates of police reform also say it’s time to limit or revoke qualified immunity — a legal doctrine established by the Supreme Court in 1967 that has been used to shield officers from facing liability for egregious actions while on-duty.\u003c/p>\n\u003cp>“The people pushing for this change say the Supreme Court has tightened qualified immunity so much in recent decades that it’s become nearly impossible for courts to recognize even blatant examples of police misconduct as illegal,” NPR’s Martin Kaste \u003ca href=\"https://www.npr.org/2020/06/08/872470083/qualified-immunity-a-doctrine-that-made-it-much-harder-to-sue-the-police\">reported last year\u003c/a>. “But police see things very differently. For them, qualified immunity has become a necessary safe harbor in a fast-paced, often dangerous job.”\u003c/p>\n\u003cp>Qualified immunity’s critics range from far-left activists to the libertarian \u003ca href=\"https://www.cato.org/policy-analysis/qualified-immunity-legal-practical-moral-failure#complete-abolition\">Cato Institute\u003c/a>.\u003c/p>\n\u003cp>A federal judge \u003ca href=\"https://www.npr.org/2020/08/06/899489809/judge-shielding-cop-via-qualified-immunity-asks-whether-it-belongs-in-dustbin\">joined the critics\u003c/a> last year, saying that while an officer in a case before him was protected by the doctrine, qualified immunity should be tossed into “the dustbin of history.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Watch+Live%3A+Derek+Chauvin+Is+Sentenced+To+22.5+Years+George+Floyd%27s+Murder&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Antioch police officials suspected one of their veteran detectives of leaking operational details as far back as 2010. But they didn’t fire Santiago Castillo for another seven years. During that time, he investigated hundreds of cases, including several homicides, and his testimony helped put dozens of people behind bars.\u003c/p>\n\u003cp>The detective had a “significant measure of influence over this organization,” but “that trust has been waning in recent years,” according to the internal investigation.\u003c/p>\n\u003cp>The local prosecutor’s office knew about Castillo’s 2017 firing, but it wasn’t until his case became public under Senate Bill 1421 that the district attorney took a second look at those convictions.\u003c/p>\n\u003cp>District attorneys have a direct legal obligation to know and to share that information about officer misconduct with defendants under a landmark 1963 Supreme Court decision: Brady v. Maryland.\u003c/p>\n\u003cp>In the sixth episode of \u003cem>On Our Watch \u003c/em>we ask: In a secret system, what are the incentives for departments to investigate officers suspected of dishonesty or for district attorneys to undermine their witnesses?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\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 \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Brady+Rule&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Antioch police officials suspected one of their veteran detectives of leaking operational details as far back as 2010. But they didn’t fire Santiago Castillo for another seven years. During that time, he investigated hundreds of cases, including several homicides, and his testimony helped put dozens of people behind bars.\u003c/p>\n\u003cp>The detective had a “significant measure of influence over this organization,” but “that trust has been waning in recent years,” according to the internal investigation.\u003c/p>\n\u003cp>The local prosecutor’s office knew about Castillo’s 2017 firing, but it wasn’t until his case became public under Senate Bill 1421 that the district attorney took a second look at those convictions.\u003c/p>\n\u003cp>District attorneys have a direct legal obligation to know and to share that information about officer misconduct with defendants under a landmark 1963 Supreme Court decision: Brady v. Maryland.\u003c/p>\n\u003cp>In the sixth episode of \u003cem>On Our Watch \u003c/em>we ask: In a secret system, what are the incentives for departments to investigate officers suspected of dishonesty or for district attorneys to undermine their witnesses?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\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 \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Brady+Rule&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Supreme Court Rejects Union Access to California Farms in Blow to Organized Labor",
"title": "Supreme Court Rejects Union Access to California Farms in Blow to Organized Labor",
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"content": "\u003cp>The Supreme Court on Wednesday tightened the leash on union representatives and their ability to organize farmworkers in California and elsewhere. \u003c/p>\n\u003cp>At issue in the case was a California law that allows union organizers to enter farms to speak to workers during non-working hours – before and after work, as well as during lunch – for a set a number of days each year.\u003c/p>\n\u003cp>By a 6-3 vote along ideological lines, the court \u003ca href=\"https://www.documentcloud.org/documents/20971158-cedar-point-nursery-et-al-v-hassid\">ruled\u003c/a> that the law – enacted nearly 50 years ago after a campaign by famed organizer Cesar Chavez – unconstitutionally appropriates private land by allowing organizers to go on farm property to drum up union support.\u003c/p>\n\u003cp>The decision is a potentially mortal blow that threatens the very existence of the farmworkers union. However, the ruling stopped short of upending other laws that allow government officials to enter private property to inspect and enforce health and safety rules that cover everything from restaurants to toxic chemical sites.\u003c/p>\n\u003cp>The court's decision on Wednesday was only the latest in a series of decisions that have aimed directly at the heart of organized labor in the United States. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Most recently, in 2018, the court hamstrung public-sector unions' efforts to raise money for collective bargaining. In that decision, the court by a 5-4 vote overturned a 40-year precedent that had allowed unions to collect limited \"fair share\" fees from workers not in the union but who benefited from the terms of the contract that the union negotiated. \u003c/p>\n\u003cp>The case decided by the court on Wednesday began in 2015 at Cedar Point Nursery, near the Oregon border. The nursery's owner, Mike Fahner, claimed that union organizers entered the farm at 5 a.m. one morning, without the required notice, and began harassing his workers with bullhorns. The general counsel for the United Farm Workers, Mario Martinez, countered that the people with bullhorns were striking workers, not union organizers. \u003c/p>\n\u003cp>[aside label='More Labor Coverage' tag='labor']When Cedar Point filed a complaint with the California Agricultural Labor Relations Board, the board found no illegal behavior and dismissed the complaint. Cedar Point, joined by another California grower, appealed all the way to the Supreme Court, arguing they should be able to exclude organizers from their farms.\u003c/p>\n\u003cp>The court's decision could be disastrous for unions in general, but especially those that represent low-income workers. \u003c/p>\n\u003cp>The growers asserted that unions should have no problem organizing workers in the era of the internet. But many of the workers at Cedar Point don't own smartphones and don't have internet access. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>What's more, many speak Spanish or indigenous languages and live scattered throughout the area, in motels, labor camps or with friends and family, often moving after just a few weeks when the seasonal harvest is over. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=In+A+Narrow+Ruling%2C+Supreme+Court+Hands+Farmworkers+Union+A+Loss&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"excerpt": "The decision, which strikes down one of Cesar Chavez's longstanding victories, is a potentially mortal blow that threatens the very existence of the farmworkers union.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Supreme Court on Wednesday tightened the leash on union representatives and their ability to organize farmworkers in California and elsewhere. \u003c/p>\n\u003cp>At issue in the case was a California law that allows union organizers to enter farms to speak to workers during non-working hours – before and after work, as well as during lunch – for a set a number of days each year.\u003c/p>\n\u003cp>By a 6-3 vote along ideological lines, the court \u003ca href=\"https://www.documentcloud.org/documents/20971158-cedar-point-nursery-et-al-v-hassid\">ruled\u003c/a> that the law – enacted nearly 50 years ago after a campaign by famed organizer Cesar Chavez – unconstitutionally appropriates private land by allowing organizers to go on farm property to drum up union support.\u003c/p>\n\u003cp>The decision is a potentially mortal blow that threatens the very existence of the farmworkers union. However, the ruling stopped short of upending other laws that allow government officials to enter private property to inspect and enforce health and safety rules that cover everything from restaurants to toxic chemical sites.\u003c/p>\n\u003cp>The court's decision on Wednesday was only the latest in a series of decisions that have aimed directly at the heart of organized labor in the United States. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Most recently, in 2018, the court hamstrung public-sector unions' efforts to raise money for collective bargaining. In that decision, the court by a 5-4 vote overturned a 40-year precedent that had allowed unions to collect limited \"fair share\" fees from workers not in the union but who benefited from the terms of the contract that the union negotiated. \u003c/p>\n\u003cp>The case decided by the court on Wednesday began in 2015 at Cedar Point Nursery, near the Oregon border. The nursery's owner, Mike Fahner, claimed that union organizers entered the farm at 5 a.m. one morning, without the required notice, and began harassing his workers with bullhorns. The general counsel for the United Farm Workers, Mario Martinez, countered that the people with bullhorns were striking workers, not union organizers. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>When Cedar Point filed a complaint with the California Agricultural Labor Relations Board, the board found no illegal behavior and dismissed the complaint. Cedar Point, joined by another California grower, appealed all the way to the Supreme Court, arguing they should be able to exclude organizers from their farms.\u003c/p>\n\u003cp>The court's decision could be disastrous for unions in general, but especially those that represent low-income workers. \u003c/p>\n\u003cp>The growers asserted that unions should have no problem organizing workers in the era of the internet. But many of the workers at Cedar Point don't own smartphones and don't have internet access. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>What's more, many speak Spanish or indigenous languages and live scattered throughout the area, in motels, labor camps or with friends and family, often moving after just a few weeks when the seasonal harvest is over. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=In+A+Narrow+Ruling%2C+Supreme+Court+Hands+Farmworkers+Union+A+Loss&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>“Coming here, we lost it all.” \u003c/p>\n\u003cp>That’s what Néstor, 14, says now about his journey to the United States three years ago. \u003c/p>\n\u003cp>His father, Melvin, says he received death threats from local gang members and leaving El Salvador was his best shot to protect his family. Néstor’s mother was pregnant at the time, and so just father and son made the journey north. Néstor still hasn’t had the opportunity to meet his new brother. “Whenever I think about that,” Néstor says in Spanish, “I feel like crying.”\u003c/p>\n\u003cp>Families who migrate to the U.S. from Central and South America to seek asylum know they will be leaving behind loved ones. What roughly 5,500 of those families didn’t know is that if they made it all the way to the U.S.-Mexico border, they would also be separated. \u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Melvin, on being separated from his son\"]‘The most difficult part was not knowing anything about him, not even knowing where he was, not having any communication.’[/pullquote]Néstor and Melvin — they asked not to use their last name to protect their anonymity and safety as they apply for asylum — are among the families who were split apart by the Trump administration’s zero-tolerance policy in 2018. The policy was part of a strategy meant to curb legal and illegal immigration, but it’s been widely criticized by immigration advocates for being psychologically traumatic.\u003c/p>\n\u003cp>Melvin, 33, and Néstor shared with NPR some of the details of their story as they continue to process what happened to them and their asylum case makes its way through the courts.\u003c/p>\n\u003ch3>Parents Begged Detention Center Officials for Information\u003c/h3>\n\u003cp>Melvin and Néstor left their home in El Salvador on May 26, 2018. Néstor’s mom, pregnant with her third son, felt unable to make the dangerous journey. \u003c/p>\n\u003cp>“That is when I made the decision to bring [Néstor] because he was the oldest one,” Melvin says in Spanish.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He and his dad covered over 1,000 miles as they made their way to the U.S. by car, raft and foot. Melvin sometimes carried his son, exhausted from the journey, in his arms and on his back. They say the journey was terrifying — navigating police extortion, death threats and physical suffering. They passed over the Rio Grande on a makeshift raft, scared for their lives. \u003c/p>\n\u003cp>When Melvin and Néstor reached the U.S. border on June 5 — a few months after then-Attorney General Jeff Sessions formally announced \u003ca href=\"https://www.npr.org/2021/01/27/961048895/justice-department-rescinds-trumps-zero-tolerance-immigration-policy\">the zero-tolerance policy\u003c/a> — they hoped their journey was over and could begin the process of applying for asylum. Unaware they would be separated, they turned themselves in at the Port Isabel checkpoint in Texas and got in vans headed for detention centers.\u003c/p>\n\u003cp>They were taken to separate facilities. \u003c/p>\n\u003cp>[aside postID=news_11877128 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/06/GettyImages-1232636077-1020x680.jpg']Néstor recalls being put in a van with other separated children and driven to a place he says looked like a prison. There were no cloth blankets. The children were given Mylar wraps to keep warm. Néstor doesn’t know how many days he was there. He lost count. He didn’t know where his father was. \u003c/p>\n\u003cp>” ‘And the children? And the children?” Melvin says he and other parents begged detention center officials to tell them where their children were, but he says officials wouldn’t say. \u003c/p>\n\u003cp>A new \u003ca href=\"https://www.kqed.org/news/11877128/reunification-alone-is-not-enough-biden-task-force-finds-2100-children-may-still-be-separated-from-parents\">Biden administration-era task force\u003c/a> has found that the strategy was so unclear, it might have been that even those officials didn’t know.\u003c/p>\n\u003cp>“[I’d] cry at night, feel sad, and not know what the future would be, because for me, every day what they told me was ‘No, they’re going to deport you. They’re going to send you back and your kids are going to stay here. They’re going to get adopted.’ I would say, ‘No, how are you going to take away my son? That’s my son, he’s mine. You can’t, you can’t,” Melvin says. \u003c/p>\n\u003cp>Meanwhile, Néstor was also asking for his father. He says the adults caring for him always said “soon,” but soon never came. \u003c/p>\n\u003cfigure id=\"attachment_11878929\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/c5d_2914-edit_custom-6cc5a8ed5d4b8ca48d3c5b0eef75bdaf5b881613-scaled-e1624391955465.jpg\" alt=\"\" width=\"1920\" height=\"1372\" class=\"size-full wp-image-11878929\">\u003cfigcaption class=\"wp-caption-text\">Melvin (left) shows the notes his son, Néstor, wrote while they were separated. \u003ccite>(Jessica Pons/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Eventually, officials transferred Néstor north, more than 1,000 miles away from his father in Texas, to New York to stay with a foster mom. \u003c/p>\n\u003cp>He says he cried at night, worried he had lost his whole family forever.\u003c/p>\n\u003cp>That fear was not unfounded. NPR’s immigration team \u003ca href=\"https://www.npr.org/2021/06/08/1004205868/bidens-task-force-has-reunited-36-migrant-families-with-hundreds-to-go\">has reported\u003c/a> that immigrant advocates believe at least 1,000 children remain separated from their parents. The Department of Homeland Security says it cannot find a record of reunification for at least 2,100 children, but that is partly due to poor record keeping.\u003c/p>\n\u003cp>“The most difficult part was not knowing anything about him, not even knowing where he was, not having any communication,” Melvin says. \u003c/p>\n\u003ch3>They’re Reunited, But There’s Still Fear\u003c/h3>\n\u003cp>On June 26, 2018, \u003ca href=\"https://www.npr.org/2018/07/19/630463522/5-things-to-know-about-migrant-family-reunification\">a federal judge ordered the government\u003c/a> to reunify separated families. Exactly two months later, Néstor and Melvin were reunited.\u003c/p>\n\u003cp>Néstor had been apart from his dad for about two and a half months when a man came to New York to pick him up from his foster home and escort him to the airport to fly to California, where his dad was living.\u003c/p>\n\u003cfigure id=\"attachment_11878928\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/c5d_2748-edit_custom-f5d106c8704a2fd81aa9353f92e641601020a008-scaled-e1624392037467.jpg\" alt=\"\" width=\"1920\" height=\"1482\" class=\"size-full wp-image-11878928\">\u003cfigcaption class=\"wp-caption-text\">Néstor (left) and his father Melvin left their home in El Salvador in 2018. They covered over 1,000 miles by car, raft and foot, and then they were taken to separate facilities when they reached the U.S. border. \u003ccite>(Jessica Pons/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Néstor says he gathered what little possessions he had — mostly notes he’d been writing to his father to try to maintain their connection — and he boarded a plane to Los Angeles. He recalls this next moment with an audible smile: When he saw his dad at the airport, he ran into his arms and instantly cried. \u003c/p>\n\u003cp>“There were mixed emotions, something unexplainable in that moment to see him arrive,” Melvin remembers. “After so much uncertainty of not knowing what would happen or know anything about him, it was something beautiful after so much pain.”\u003c/p>\n\u003cp>It was a joyous moment, but Néstor has struggled in many ways since. As the months passed, there were times when Néstor didn’t want to leave the house or play sports. He’s had nightmares. Melvin says he watched his son withdraw and feel unmotivated — something many separated children feel, says Melissa Tith, a therapist and a program supervisor at Seneca Family of Agencies, a nonprofit organization working to get free mental health support to people like Néstor. \u003c/p>\n\u003cfigure id=\"attachment_11878930\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/c5d_3096-edit_custom-49463e598f578c3ba4c6d1c1005e5f553618b515-scaled-e1624393197470.jpg\" alt=\"\" width=\"1920\" height=\"1372\" class=\"size-full wp-image-11878930\">\u003cfigcaption class=\"wp-caption-text\">Melvin and Néstor are reunited and currently live together in Southern California as they wait for their asylum case to be processed. \u003ccite>(Jessica Pons/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Néstor and Melvin are living in Southern California while they wait for their asylum case to be processed. But as NPR has reported, \u003ca href=\"https://www.npr.org/2021/04/01/982795844/biden-administration-considers-overhaul-of-asylum-system-at-southern-border\">that could take years\u003c/a>. And there is no guarantee they’ll get to stay. The Biden administration says it’s helping affected families with free therapy and is negotiating with immigration advocates about doing more. That could include granting legal status to families separated under zero tolerance, but there are no firm public commitments yet.\u003c/p>\n\u003cp>Since October 2020, Néstor has been seeing a therapist weekly through Seneca. He says it’s helping. It’s a slow process of untangling the feelings and fear he experienced while separated and it may be a lifelong effort, Tith says.\u003c/p>\n\u003cp>“I hardly have any more nightmares,” he says. He’s just graduated middle school and he’s excited to start high school. He says he wants to grow up to become a surgeon in the United States.\u003c/p>\n\u003cp>They both imagine a life in the U.S., but that future is far from certain. \u003c/p>\n\u003cp>“The most valuable thing is to have our family together and have good health,” Melvin says. \u003c/p>\n\u003cp>\u003cem>Joel Rose contributed to and Heidi Glenn edited the digital story. \u003c/em> \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org/\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Separated+At+The+Border%2C+A+Father+Reunites+With+His+Son.+But+Struggles+Remain&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He and his dad covered over 1,000 miles as they made their way to the U.S. by car, raft and foot. Melvin sometimes carried his son, exhausted from the journey, in his arms and on his back. They say the journey was terrifying — navigating police extortion, death threats and physical suffering. They passed over the Rio Grande on a makeshift raft, scared for their lives. \u003c/p>\n\u003cp>When Melvin and Néstor reached the U.S. border on June 5 — a few months after then-Attorney General Jeff Sessions formally announced \u003ca href=\"https://www.npr.org/2021/01/27/961048895/justice-department-rescinds-trumps-zero-tolerance-immigration-policy\">the zero-tolerance policy\u003c/a> — they hoped their journey was over and could begin the process of applying for asylum. Unaware they would be separated, they turned themselves in at the Port Isabel checkpoint in Texas and got in vans headed for detention centers.\u003c/p>\n\u003cp>They were taken to separate facilities. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Néstor recalls being put in a van with other separated children and driven to a place he says looked like a prison. There were no cloth blankets. The children were given Mylar wraps to keep warm. Néstor doesn’t know how many days he was there. He lost count. He didn’t know where his father was. \u003c/p>\n\u003cp>” ‘And the children? And the children?” Melvin says he and other parents begged detention center officials to tell them where their children were, but he says officials wouldn’t say. \u003c/p>\n\u003cp>A new \u003ca href=\"https://www.kqed.org/news/11877128/reunification-alone-is-not-enough-biden-task-force-finds-2100-children-may-still-be-separated-from-parents\">Biden administration-era task force\u003c/a> has found that the strategy was so unclear, it might have been that even those officials didn’t know.\u003c/p>\n\u003cp>“[I’d] cry at night, feel sad, and not know what the future would be, because for me, every day what they told me was ‘No, they’re going to deport you. They’re going to send you back and your kids are going to stay here. They’re going to get adopted.’ I would say, ‘No, how are you going to take away my son? That’s my son, he’s mine. You can’t, you can’t,” Melvin says. \u003c/p>\n\u003cp>Meanwhile, Néstor was also asking for his father. He says the adults caring for him always said “soon,” but soon never came. \u003c/p>\n\u003cfigure id=\"attachment_11878929\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/c5d_2914-edit_custom-6cc5a8ed5d4b8ca48d3c5b0eef75bdaf5b881613-scaled-e1624391955465.jpg\" alt=\"\" width=\"1920\" height=\"1372\" class=\"size-full wp-image-11878929\">\u003cfigcaption class=\"wp-caption-text\">Melvin (left) shows the notes his son, Néstor, wrote while they were separated. \u003ccite>(Jessica Pons/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Eventually, officials transferred Néstor north, more than 1,000 miles away from his father in Texas, to New York to stay with a foster mom. \u003c/p>\n\u003cp>He says he cried at night, worried he had lost his whole family forever.\u003c/p>\n\u003cp>That fear was not unfounded. NPR’s immigration team \u003ca href=\"https://www.npr.org/2021/06/08/1004205868/bidens-task-force-has-reunited-36-migrant-families-with-hundreds-to-go\">has reported\u003c/a> that immigrant advocates believe at least 1,000 children remain separated from their parents. The Department of Homeland Security says it cannot find a record of reunification for at least 2,100 children, but that is partly due to poor record keeping.\u003c/p>\n\u003cp>“The most difficult part was not knowing anything about him, not even knowing where he was, not having any communication,” Melvin says. \u003c/p>\n\u003ch3>They’re Reunited, But There’s Still Fear\u003c/h3>\n\u003cp>On June 26, 2018, \u003ca href=\"https://www.npr.org/2018/07/19/630463522/5-things-to-know-about-migrant-family-reunification\">a federal judge ordered the government\u003c/a> to reunify separated families. Exactly two months later, Néstor and Melvin were reunited.\u003c/p>\n\u003cp>Néstor had been apart from his dad for about two and a half months when a man came to New York to pick him up from his foster home and escort him to the airport to fly to California, where his dad was living.\u003c/p>\n\u003cfigure id=\"attachment_11878928\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/c5d_2748-edit_custom-f5d106c8704a2fd81aa9353f92e641601020a008-scaled-e1624392037467.jpg\" alt=\"\" width=\"1920\" height=\"1482\" class=\"size-full wp-image-11878928\">\u003cfigcaption class=\"wp-caption-text\">Néstor (left) and his father Melvin left their home in El Salvador in 2018. They covered over 1,000 miles by car, raft and foot, and then they were taken to separate facilities when they reached the U.S. border. \u003ccite>(Jessica Pons/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Néstor says he gathered what little possessions he had — mostly notes he’d been writing to his father to try to maintain their connection — and he boarded a plane to Los Angeles. He recalls this next moment with an audible smile: When he saw his dad at the airport, he ran into his arms and instantly cried. \u003c/p>\n\u003cp>“There were mixed emotions, something unexplainable in that moment to see him arrive,” Melvin remembers. “After so much uncertainty of not knowing what would happen or know anything about him, it was something beautiful after so much pain.”\u003c/p>\n\u003cp>It was a joyous moment, but Néstor has struggled in many ways since. As the months passed, there were times when Néstor didn’t want to leave the house or play sports. He’s had nightmares. Melvin says he watched his son withdraw and feel unmotivated — something many separated children feel, says Melissa Tith, a therapist and a program supervisor at Seneca Family of Agencies, a nonprofit organization working to get free mental health support to people like Néstor. \u003c/p>\n\u003cfigure id=\"attachment_11878930\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/c5d_3096-edit_custom-49463e598f578c3ba4c6d1c1005e5f553618b515-scaled-e1624393197470.jpg\" alt=\"\" width=\"1920\" height=\"1372\" class=\"size-full wp-image-11878930\">\u003cfigcaption class=\"wp-caption-text\">Melvin and Néstor are reunited and currently live together in Southern California as they wait for their asylum case to be processed. \u003ccite>(Jessica Pons/NPR)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Néstor and Melvin are living in Southern California while they wait for their asylum case to be processed. But as NPR has reported, \u003ca href=\"https://www.npr.org/2021/04/01/982795844/biden-administration-considers-overhaul-of-asylum-system-at-southern-border\">that could take years\u003c/a>. And there is no guarantee they’ll get to stay. The Biden administration says it’s helping affected families with free therapy and is negotiating with immigration advocates about doing more. That could include granting legal status to families separated under zero tolerance, but there are no firm public commitments yet.\u003c/p>\n\u003cp>Since October 2020, Néstor has been seeing a therapist weekly through Seneca. He says it’s helping. It’s a slow process of untangling the feelings and fear he experienced while separated and it may be a lifelong effort, Tith says.\u003c/p>\n\u003cp>“I hardly have any more nightmares,” he says. He’s just graduated middle school and he’s excited to start high school. He says he wants to grow up to become a surgeon in the United States.\u003c/p>\n\u003cp>They both imagine a life in the U.S., but that future is far from certain. \u003c/p>\n\u003cp>“The most valuable thing is to have our family together and have good health,” Melvin says. \u003c/p>\n\u003cp>\u003cem>Joel Rose contributed to and Heidi Glenn edited the digital story. \u003c/em> \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org/\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Separated+At+The+Border%2C+A+Father+Reunites+With+His+Son.+But+Struggles+Remain&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>In the agricultural town of Salinas, California, police Officer William Yetter repeatedly makes mistakes. First there’s a stolen bike he doesn’t investigate. Then, his bosses discover he’s not filing police reports on time.\u003c/p>\n\u003cp>Police get a call from a mother whose 14-year-old daughter hasn’t returned home from school.\u003c/p>\n\u003cp>Meanwhile, Yetter comes across a car parked in a public area. The windows are fogged with steam. When the officer gets a look inside the vehicle, he finds a 23-year-old man without his shirt on and a girl with disheveled clothing.\u003c/p>\n\u003cp>It’s the missing 14-year-old.\u003c/p>\n\u003cp>Yetter doesn’t write a report, investigate or arrest the 23-year-old man. He is allowed to leave, and another officer brings the girl home.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Two years later, something similar happens to the girl’s younger sister. She’s in seventh grade when she’s exploited by an older man. Police miss opportunities to intervene until she is taken across the border into Mexico.\u003c/p>\n\u003cp>In this episode, we look at the steps the department took to investigate Yetter’s alleged misconduct and the investigative steps that were missed along the way.\u003c/p>\n\u003cp>\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 \u003ca href=\"https://www.npr.org.\" target=\"_blank\" rel=\"noopener noreferrer\">npr.org\u003c/a>\u003c/div>\n\n",
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"excerpt": "An officer is repeatedly disciplined for not turning in his police reports on time. A mom goes to the police asking for help with her missing daughters. In the fifth episode of On Our Watch, we look at what can happen when police don't follow through on reports of victimization, and an accountability process that doesn't want to examine those failures.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the agricultural town of Salinas, California, police Officer William Yetter repeatedly makes mistakes. First there’s a stolen bike he doesn’t investigate. Then, his bosses discover he’s not filing police reports on time.\u003c/p>\n\u003cp>Police get a call from a mother whose 14-year-old daughter hasn’t returned home from school.\u003c/p>\n\u003cp>Meanwhile, Yetter comes across a car parked in a public area. The windows are fogged with steam. When the officer gets a look inside the vehicle, he finds a 23-year-old man without his shirt on and a girl with disheveled clothing.\u003c/p>\n\u003cp>It’s the missing 14-year-old.\u003c/p>\n\u003cp>Yetter doesn’t write a report, investigate or arrest the 23-year-old man. He is allowed to leave, and another officer brings the girl home.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Two years later, something similar happens to the girl’s younger sister. She’s in seventh grade when she’s exploited by an older man. Police miss opportunities to intervene until she is taken across the border into Mexico.\u003c/p>\n\u003cp>In this episode, we look at the steps the department took to investigate Yetter’s alleged misconduct and the investigative steps that were missed along the way.\u003c/p>\n\u003cp>\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 \u003ca href=\"https://www.npr.org.\" target=\"_blank\" rel=\"noopener noreferrer\">npr.org\u003c/a>\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Bakersfield Police Broke 31 People’s Bones in Four Years. No Officer Has Been Disciplined for It",
"title": "Bakersfield Police Broke 31 People’s Bones in Four Years. No Officer Has Been Disciplined for It",
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"content": "\u003cp>\u003cspan style=\"font-size: 4.6875em; float: left; line-height: 0.733em; padding: 0.05em 0.1em 0 0; font-family: times, serif, georgia;\">O\u003c/span>n Nov. 24, 2017, Robert Cruz Jr. biked north along Baker Street, on a quiet block straddling Bakersfield’s once-thriving old town and struggling new, restaurants interspersed with a rehab center and a prepaid phone store. A little before midnight, two officers noticed that the 37-year-old Cruz didn’t have a front light on his bicycle. A patrol officer chased Cruz to a nearby yard. There, Cruz crouched behind a child’s play tunnel, and the officer struck his arm with a baton.\u003c/p>\n\u003cp>According to a police report, Cruz shouted “I didn’t do anything” twice before the officer struck again. The patrolmen arrested Cruz for assaulting an officer, resisting arrest and for the missing bike light. Before taking him to jail, an ambulance brought Cruz to the hospital, a bone sticking out of his skin.\u003c/p>\n\u003cp>Between 2016 and 2019, Bakersfield police officers used force that broke at least 45 bones in 31 people, an analysis of public records shows. The city of Bakersfield released the documents under a\u003ca href=\"https://www.kqed.org/news/11758000/delaying-the-inevitable-many-police-agencies-withhold-records-in-new-era-of-transparency\"> recent California law that increases transparency in policing\u003c/a>. The records released include those cases that involved serious injury or death. A third of the time, injuries reported included one or more broken bones.\u003cbr>\n[pullquote align=\"right\" citation=\"Traco Matthews, Bakersfield policing committee co-chair\"]'Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe?'[/pullquote]\u003cbr>\nBesides Cruz, two other bicyclists stopped by patrol officers for code violations suffered broken bones during that four-year period. They also ended up at the hospital, one with head fractures, the other a broken leg. Some of the 31 people were later convicted of serious crimes, but an analysis of police reports reveals that others had charges dismissed, or never faced charges at all. While wrestling in a pile of blankets with a 57-year-old woman who was suspected of trespassing in a Greyhound station, officers broke her wrist. And when one man allegedly violated the \u003ca href=\"https://bakersfield.municipal.codes/Code/12.56.050\">city’s curfew\u003c/a> in Martin Luther King Jr. Park, officers tased and hit him with a baton, breaking his leg.\u003c/p>\n\u003cp>In all 31 cases involving broken bones, the Bakersfield Police Department determined that none of the officers involved violated departmental policy.\u003c/p>\n\u003cp>Breaking a bone is a brutal act, said Bakersfield Police Sgt. Robert Pair, a spokesman for the department. But it’s also not unusual.\u003c/p>\n\u003cp>“It's the unfortunate reality that force is sometimes used in defense of officers and others, and that's the world we live in,” Pair said. “I don't think that that is an alarming number at all.”\u003c/p>\n\u003cp>The number of broken bones is disturbing to Stephanie Padilla, a staff attorney for the \u003ca href=\"https://www.aclusocal.org/sites/default/files/patterns_practices_police_excessive_force_kern_county_aclu-ca_paper.pdf\">American Civil Liberties Union\u003c/a> of Southern California.\u003c/p>\n\u003cp>“I do think that is high, and I do think that is a really troubling number that one out of three [serious] use-of-force cases result in broken bones,” Padilla said. “It tracks what individuals in the community have shared with us.”\u003c/p>\n\u003cfigure id=\"attachment_11878038\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg\">\u003cimg class=\"size-medium wp-image-11878038\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Traco Matthews sits in his home on May 20, 2021 in Bakersfield, California. Matthews worked with the Bakersfield Police Department and community groups to recommend policing reforms, and chairs the Community Collaborative Use of Force Policy and Oversight Committee. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This week, the \u003ca href=\"https://www.bakersfieldcity.us/458/City-Council\">Bakersfield City Council\u003c/a> will vote on whether to allocate $133 million next year to policing. That would raise the department’s share to 42% of the city budget and add 28 police officers.\u003c/p>\n\u003cp>The council’s budget hearings are the latest venue for a public debate about the quality of policing in Bakersfield, where voters narrowly approved a 1% sales tax increase to boost funding for essential services three years ago.\u003c/p>\n\u003cp>The city pitched the sales tax as a public safety measure, but residents of Bakersfield still disagree about how best to keep the public safe. The Police Department has proposed hiring 100 officers within three years. But it remains the target of a \u003ca href=\"https://www.kget.com/news/local-news/california-department-of-justice-investigates-bakersfield-police-department/\">California Department of Justice investigation opened more than four years ago\u003c/a> by then-Attorney General Kamala Harris. Demands for policing reforms — including defunding or even \u003ca href=\"https://peoplesbudgetbako.com/about/\">abolishing the department\u003c/a> — accelerated during Black Lives Matter protests last summer.\u003c/p>\n\u003cp>“I think we stand on the precipice of a critical juncture, a critical moment here in Bakersfield and in Kern County,” said Traco Matthews, a local Black civic leader and chief program officer at the nonprofit \u003ca href=\"https://www.capk.org/\">Community Action Partnership of Kern\u003c/a>. Matthews co-chairs an independent committee convened by the City Council that has offered recommendations for police reform. “Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe? And every citizen, every resident, feels like they are part of this family of Bakersfield being protected and served by BPD? Absolutely.”\u003c/p>\n\u003ch2>Multiple Layers of Review, Says Department\u003c/h2>\n\u003cp>Among all of the cases released by the department, internal reports concluded that the force Bakersfield police used to cause a fracture was reasonable: each dog bite, every control hold, every physical strike and every strike of the baton. Using batons, officers broke bones in 26 people; once, an officer broke the baton.\u003c/p>\n\u003cp>Following every incident, the department applied a careful review process, said Sgt. Pair.\u003c/p>\n\u003cp>“It's not a carte blanche that you can use a baton, go out there and use a baton whenever you want to,” Pair said. “Each one is … scrutinized under the facts and circumstances of its own event.”\u003c/p>\n\u003cp>That scrutiny has layers. When a Bakersfield police officer uses force, the officer must report it to a supervisor, usually the sergeant on duty, according to the department’s manual.\u003c/p>\n\u003cp>The manual then directs sergeants to ensure that the person injured receives medical treatment and to investigate the incident. Policy directs sergeants to examine the scene, review video footage, interview witnesses and talk to the injured person if they consent.\u003cbr>\n[aside label=\"Police Misconduct\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2020/07/RS43990_iStock-943697000-qut.jpg\" heroURL=\"https://projects.scpr.org/california-reporting-project/\" link1=\"https://www.kqed.org/news/11828774/a-chp-officer-harassed-21-women-agency-fired-bad-apple-but-didnt-pursue-criminal-charges,A CHP Officer Harassed 21 Women, Agency Fired 'Bad Apple' But Didn't Pursue Criminal Charges\" link2=\"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure,What Secret Files on Police Officers Tell Us About Law Enforcement Misconduct\" link3=\"https://projects.scpr.org/california-reporting-project/,More stories from the California Reporting Project\"]\u003cbr>\nIn Bakersfield, every sergeant also writes a report about any use of force. And every sergeant’s report must be reviewed by the watch commander, a lieutenant. Department spokespeople say that captains sometimes review use-of-force reports, too.\u003c/p>\n\u003cp>When the force used is deemed reasonable, that sergeant’s report may be brief, as in the case of Robert Cruz Jr., stopped for lacking a bicycle light. In that case, the sergeant’s description of what happened was five sentences long.\u003c/p>\n\u003cp>Officer Andrew Celedon reported that Cruz abandoned his bike when approached by a patrol car and ran for a nearby yard. There, he tried to jump a fence; Celedon pulled him down to the ground, where he curled up behind a play tunnel. When Celedon wrote up the incident, he emphasized the darkness in the yard and the possibility that Cruz could carry a knife, gun or weapons in his baggy clothes. Celedon stated he struck Cruz, who was crouched in a fetal position, with a baton.\u003c/p>\n\u003cp>Kevin Robinson, an instructor at \u003ca href=\"https://ccj.asu.edu/\">Arizona State University’s School of Criminology and Criminal Justice\u003c/a> and a 37-year veteran of the Phoenix Police Department, said the goal of an investigation should be to decide whether the force used was appropriate.\u003c/p>\n\u003cp>“Bakersfield in my mind has the right steps in place,” Robinson said of the department’s policies. “Supervisors should come out and review every use of force.”\u003c/p>\n\u003cp>Within two weeks, Sgt. Charles Sherman concluded that strike against Cruz was an effective use of force, necessary for self-defense.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cfigure id=\"attachment_11878047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg\">\u003cimg class=\"size-medium wp-image-11878047\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sergeants are supposed to review and write a report about all uses of force at the Bakersfield Police Department. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Are the Reviews Enough?\u003c/h2>\n\u003cp>Seth Stoughton, \u003ca href=\"https://sc.edu/study/colleges_schools/law/faculty_and_staff/directory/stoughton_seth.php\">University of South Carolina School of Law\u003c/a> associate professor, reviewed the Robert Cruz Jr. report. Like others provided in response to a records request, the Police Department retrieved that report from incident tracking software sold to law enforcement agencies called \u003ca href=\"https://blueteamcorp.com/\">BlueTeam\u003c/a>. In it, Cruz is described as fleeing and resisting arrest, both legal conclusions offered without support.\u003c/p>\n\u003cp>Stoughton, who testified for the prosecution at Derek Chauvin’s trial in the killing of George Floyd, said the report was “woefully inadequate” to examine an individual event.\u003c/p>\n\u003cp>Good investigations of incidents like this are wide-ranging, he said. After-action reports should look back at what happened in detail and also look forward to offer ways to improve outcomes in the future, regardless of fault.\u003c/p>\n\u003cp>For the incident in which a Bakersfield officer broke Cruz’s bone, the sergeant’s report “does not have anywhere near the level of detail that any competent supervisor would demand to assess, even in a very cursory fashion, the incident being described,” Stoughton said.\u003c/p>\n\u003cp>“If you're using it as one of many data points to get a bird's-eye view, then maybe this is all you need,” he said.\u003c/p>\n\u003cp>According to Bakersfield Police Sgt. Christopher Bagby, who works in the agency’s Quality Assurance Unit, the department’s use-of-force working group uses BlueTeam data to examine the effectiveness of strategy and tactics. Late in 2019, the Quality Assurance Unit also began randomized audits of the reports themselves. Sgt. Pair said that the system will automatically alert a supervisor if one of the officers under their command is using more force than normal.\u003c/p>\n\u003cp>If a sergeant sees something potentially criminal, that goes to internal affairs. That department investigates citizen complaints and also begins its own inquiries.\u003c/p>\n\u003cp>Among the 31 broken bone cases released in Bakersfield, internal affairs investigated three, the only incidents where records show citizens complained. The internal affairs office cleared every officer in those three cases.\u003c/p>\n\u003cp>Police and experts say that a review process is not a disciplinary process. Rather, it’s a way for departments to see how they can adjust and improve. Reducing violence in a community includes reducing uses of force, Stoughton said. Professional agencies need to look at each incident and ask what they can learn.\u003c/p>\n\u003cp>“Sometimes the answer is there is nothing that we could realistically change here that would have any impact,” Stoughton said. “The agency can control whether officers are issued a taser, for example, or that the agency can control how long an officer’s shift is to see if they're fatigued and making bad decisions.”\u003c/p>\n\u003cfigure id=\"attachment_11878138\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg\" alt=\"\" width=\"800\" height=\"447\" class=\"size-medium wp-image-11878138\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1020x570.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-160x89.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1536x858.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Bakersfield police vehicle makes patrols on Nov. 17, 2017 in Bakersfield, California. \u003ccite>(Frederic J. Brown/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Injuries Linger, Financially and With Community\u003c/h2>\n\u003cp>In 2017, Cory Joe Pearson fired a gun through the windshield of a car at his former girlfriend and her cousin, according to police reports. Bakersfield police tracked him to a Vagabond Inn. When Pearson left his room for a smoke, one officer tackled Pearson to the ground in the motel parking lot. At the same time, another officer noticed Pearson “thrashing,” and struck Pearson with a baton twice, breaking his shin bone. Four years later, Pearson said he still hasn’t recovered.\u003c/p>\n\u003cp>“I’m in constant pain, always, because of it,” Pearson said by phone from the state prison in Lancaster where he is serving a 20-year sentence for assault with a firearm. “I can’t run, I can’t play sports,” he said. “I can hardly walk.”\u003c/p>\n\u003cp>Policing experts say that batons are among the safer weapons officers carry.\u003c/p>\n\u003cp>The best thing about a baton is that officers can use it as a threat to frighten someone into compliance without striking them, said \u003ca href=\"https://www.jjay.cuny.edu/faculty/peter-moskos\">John Jay College of Criminal Justice\u003c/a> professor Peter Moskos. Any weapon that doesn’t have to be used to make a person comply is safer “because it doesn't have to be used as much.”\u003c/p>\n\u003cp>And the Bakersfield Police Department defends its use of force as judicious and skilled.\u003c/p>\n\u003cp>“We can’t do our job without use of force,” said Sgt. Lynn Martinez, who trains officers in how to use force properly. “Sometimes police officers will have to hurt people to protect themselves and others.”\u003c/p>\n\u003cp>Still, there’s a cost.\u003c/p>\n\u003cp>From 2016 to 2019, Bakersfield police officers sent an average of 304 people to the hospital per year following police encounters, an analysis of internal affairs reports shows. Officers and health workers decide where subjects of the use of force receive medical care, according to the department's policies.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"People Taken to the Hospital After Encounters With Bakersfield Police\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-iBUnj\" src=\"https://datawrapper.dwcdn.net/iBUnj/3/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n[datawrapper]\u003c/p>\n\u003cp>People injured by uses of force describe emotional and financial costs from an encounter with police.\u003c/p>\n\u003cp>Any use of force, even a relatively low-level use of force, is a significant event between a police department and the community, said University of South Carolina’s Stoughton, a former Florida police officer.\u003c/p>\n\u003cp>It’s “a really a significant government intrusion onto individual liberty and autonomy,” he said. “Of all of the aspects of policing, the use of force has probably the highest potential to be socially corrosive.”\u003c/p>\n\u003ch2>Budget a Flashpoint For Public Safety Debate\u003c/h2>\n\u003cp>Last June, anger at the police spilled into public meetings as the City Council unanimously voted to increase funding for the Bakersfield Police Department just weeks after the murder of George Floyd.\u003c/p>\n\u003cp>The City Council used money from Measure N, a public safety and services budgeting measure, which narrowly passed by 97 votes, winning by 0.05% in 2018. At the time, the city proposed using the funds on a wide range of services, including emergency response, police and fire protection, various anti-crime efforts, addressing homelessness and attracting jobs and businesses.\u003c/p>\n\u003cp>But even as Bakersfield added more officers to the force, the number of \u003ca href=\"https://bakersfieldnow.com/news/local/2021-homicide-numbers-expected-to-surpass-deadliest-record-set-last-year-bpd-says\">homicides increased\u003c/a>, a number both the police and city residents cited at public meetings in May and June.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"Bakersfield Police Department Budget by Fiscal Year \" aria-label=\"Column Chart\" id=\"datawrapper-chart-g6UDA\" src=\"https://datawrapper.dwcdn.net/g6UDA/6/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In public testimony at the most recent City Council meeting in early June, Bakersfield residents laid out their main concern: a desire to feel safe, some from criminals, and others from the police.\u003c/p>\n\u003cp>“I’d like to see some policemen reform,” Christ First Ministries Pastor Josephate Jordan said. “But to defund the police when we have areas of our community that are not patrolled regularly? Well, we have crime running rampant.”\u003c/p>\n\u003cp>Others called for the city to move more money toward services.\u003c/p>\n\u003cp>“Put the funding somewhere it can be utilized like MLK Park,” Christina Crompton urged the councilmembers on June 2. “I take my kids all the time. I go out there, I pick up trash in the park, I pick up needles in the park.”\u003c/p>\n\u003cp>Crompton, 22, told a reporter that she wants to see the funds spent on public projects instead of more police officers. Crompton’s cousin is Tatyana Hargrove, a young woman whose high-profile encounter with police in 2017 has since galvanized activists.\u003c/p>\n\u003cp>Four years ago, Bakersfield police officers sought a 160-pound, 5-foot-10-inch Black man who had attempted to stab a grocery store clerk with a machete. According to police reports, officers stopped Hargrove, a 120-pound woman who was 8 inches shorter. Officers punched her, set a dog on her and put her in the back of a patrol cruiser before realizing she was a woman.\u003c/p>\n\u003cp>Charges against Hargrove were dropped. She lost a lawsuit for excessive force against the city.\u003c/p>\n\u003cp>Community leaders like Matthews and activists like Crompton have since highlighted Hargrove’s case as an example of how excessive force costs the Police Department trust with the community as a whole.\u003c/p>\n\u003cp>“Imagine how our family felt,” Crompton said. “Do you know a pain in your chest? You know how when you’re in trouble and it gets very heavy and you can’t breathe. That’s the pain our family felt in our hearts when Tatyana was beaten by the police.”\u003c/p>\n\u003cp>These kinds of incidents make it less likely for people to report crime, Crompton said, and that makes it harder for officers to solve crimes.\u003c/p>\n\u003cp>“Who’s going to be there to protect us at the end of the day?” Crompton asked. “Who are we going to call? We’re scared of them.”\u003c/p>\n\u003cfigure id=\"attachment_11878056\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg\">\u003cimg class=\"size-medium wp-image-11878056\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Christina Crompton works at a community garden on May 21, 2021 in southeast Bakersfield, California, where they distribute free produce. Better cultural training and increased diversity would decrease tension and mistrust between police and community members, Crompton said. \u003ccite>(Anne Daughtery/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Advocates say Crompton is not alone.\u003c/p>\n\u003cp>In a poll conducted by the independent Bakersfield Police Department Community Collaborative, about one in five people said they did not feel comfortable requesting assistance from the agency in an emergency situation.\u003c/p>\n\u003cp>“There are just too many incidents,” said Traco Matthews, who co-chaired the collaborative. \u003ca href=\"https://bloximages.newyork1.vip.townnews.com/bakersfield.com/content/tncms/assets/v3/editorial/0/62/062967f4-8917-11eb-83fb-270d07507ba2/6055483d3425e.pdf.pdf\">The reforms his group recommended\u003c/a> to the City Council last month include that the department follow up on policy changes first proposed by the U.S. Department of Justice in 2004, diversify the force and hire an independent auditor. The council accepted the recommendations without comment.\u003c/p>\n\u003ch2>When and How Are Broken Bones Counted?\u003c/h2>\n\u003cp>Six years ago, about 5 miles south of where Hargrove was stopped by the Bakersfield police, Arturo Gonzalez stepped out of his house — and into another case of mistaken identity, also by Bakersfield police.\u003c/p>\n\u003cp>In January 2015, the Bakersfield Police Department sent four officers to Gonzalez’s house to perform a welfare check after his son, also named Arturo Gonzalez, called 911 “rambling, not making too much sense.” Records show police officers prepared for the younger Gonzalez to ambush them. A 911 dispatcher called Gonzalez Sr., who said that his son wasn’t at the house; according to a transcript, the dispatcher then notified officers that the elder Gonzalez was coming outside to meet them. Video captured by a neighbor’s camera shows Gonzalez shuffling backward, arms raised, and lit by flashlights and a flood light in his driveway. After he kneels, officers knock him flat, then beat and knee the elder Gonzalez. Among his injuries were broken ribs.\u003cbr>\n[pullquote align=\"right\" citation=\"Arturo Gonzalez\"]'When I come outside of my house, I think about the attack.'[/pullquote]\u003cbr>\n“If this isn’t a serious bodily injury I don’t know what a serious bodily injury is,” said Thomas Seabaugh, a lawyer for Gonzalez. But Gonzalez’s case isn’t counted among the 109 cases between 2014 and 2019 the department released under the state transparency law.\u003c/p>\n\u003cp>After realizing that they arrested the wrong man, police transported Gonzalez to Mercy Southwest Hospital in an ambulance, handcuffed to a gurney. Gonzalez was not charged with a crime.\u003c/p>\n\u003cp>No broken bones are documented in the initial police report, said Lt. Ryan Kroeker, a spokesman for the Bakersfield Police Department, who added that “there were no obvious injuries.”\u003c/p>\n\u003cp>Gonzalez returned to Mercy, still complaining of pain, two days later. But it wasn’t until a week later, at his primary care physician, that X-rays revealed the extent of his injuries. After blows delivered by the officers, injuries diagnosed by at least three doctors included broken ribs, a damaged spine and torn tendons in his left shoulder.\u003c/p>\n\u003cp>Generally, going to the hospital reflects a serious injury, said use-of-force expert Stoughton. It’s common in use-of-force investigations for someone to contact the individual and ask whether they received additional medical treatment, he said.\u003c/p>\n\u003cp>“You know, that's not a hard thing to check up on,” Stoughton said. “We’re talking about a 15-minute phone call.”\u003c/p>\n\u003cfigure id=\"attachment_11878073\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg\">\u003cimg class=\"size-medium wp-image-11878073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Arturo Gonzalez shows reporters his paintings of a Mexican woman reclining, and a tulip with figure. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At multiple departments, records released under the state’s transparency law \u003ca href=\"https://www.mercurynews.com/2020/07/21/bay-area-news-group-sues-san-jose-for-failure-to-release-police-discipline-use-of-force-records/\">have so far\u003c/a> \u003ca href=\"https://www.kqed.org/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records\">been incomplete\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings\">requiring significant\u003c/a> \u003ca href=\"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure\">legal follow-up\u003c/a>. Even where police departments produce records, as in Bakersfield, the information doesn’t reflect the whole story. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB16\">A proposal \u003c/a>now moving through the state Legislature would, if passed, make records available for all uses of force found excessive or unreasonable, regardless of injury, and set a deadline for agencies to do so.\u003c/p>\n\u003cp>“We’re trusting the police to keep the data on themselves,” said attorney Thomas Seabaugh. “It’s like trusting the corporation to tell us when it has polluted.”\u003c/p>\n\u003cp>Six years later, Gonzalez said he is still crippled with pain from the injuries and is still receiving care. The cost of treatment has continued to add up, from steroid injections to shoulder surgery. In late May, his doctor recommended another surgery on his back, Gonzalez said.\u003c/p>\n\u003cp>This and other incidents have also cost money for local taxpayers. Gonzalez brought a civil rights case against the officers, including one who was present but did nothing to stop the beating, and settled with the city in 2018 for $125,000.\u003c/p>\n\u003cp>From 2014 to 2019 the city paid out more than $1 million in 10 separate settlements for civil rights, excessive force and personal injury claims related to the police. During the same time period the city settled for an additional $1.525 million in seven wrongful death suits, also all related to the police.\u003c/p>\n\u003cp>Gonzalez said that he doesn’t go out much anymore because he’s afraid that the police might stop him.\u003c/p>\n\u003cp>It’s also hard to feel safe at home, he said.\u003c/p>\n\u003cp>“When I come outside of my house, I think about the attack,” he said. “And I think about police officers doing this to me.”\u003c/p>\n\u003cp>After decades working in heavy labor, Gonzalez planned to devote his retirement to art. His acrylic and oil paintings adorn the walls of his house. In his entryway, Pine Mountain in Ojai, California; on his dining room wall, a beautiful Mexican woman. A few more in the living room; others throughout the house. He started painting in seventh grade.\u003c/p>\n\u003cp>“For [painting] you have to be calm and peaceful,” Gonzalez said. “The pain is going to trigger you out of that.”\u003c/p>\n\u003cp>That’s why he says he hasn’t been painting recently. Sitting for long periods is arduous. It’s too hard to raise his arms.\u003c/p>\n\u003cp>\u003cem>Alexandra Hall, Noah Baustin, Lily Taylor, Eric Ting, Daniel Wu and Ying Zhao contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state, including \u003ca href=\"https://journalism.stanford.edu/\">Stanford Journalism\u003c/a>’s Watchdog Reporting Class, the \u003ca href=\"https://journalism.berkeley.edu/programs/mj/investigative-reporting/\">UC Berkeley Graduate School of Journalism’s Investigative Reporting Program\u003c/a> and KQED. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003ch2>How We Did It\u003c/h2>\n\u003cp>We wanted to know how Bakersfield Police Department officers use force and how that force was investigated. In 2019, reporters from the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a collaborative effort involving 40 newsrooms across the state, requested under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\">Senate Bill 1421\u003c/a> records about uses of force that resulted in serious bodily injury and cases involving police misconduct from 2014 to 2018. In 2020, the collaboration asked for the records for cases that met the same standards that occurred in 2019. We confirmed with the city attorney that we had all disciplinary records available through the law.\u003c/p>\n\u003cp>Two researchers read each case and entered information into a database. An editor reviewed the entries to make a final determination. We analyzed data on cases from the Bakersfield Police Department from 2014 to 2019 to learn more about cases where an officer broke someone’s bone. That data included information on the use of force, administrative findings and discipline.\u003c/p>\n\u003cp>We spoke with officers in the Public Affairs and the Quality Assurance Unit about how they trained officers and review use-of-force cases. The Police Department said that they did not turn over Arturo Gonzalez’s case because they did not know the extent of his injuries at the time. Lt. Kroeker said the cases documented uses of force that were within policy and reviewed in the routine fashion. We did not reach out individually to police officers named in the records.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Using batons, police caused fractures in some Bakersfield residents accused of serious crimes, and others who were never charged, or had charges dismissed.",
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"nprByline": "Lisa Pickoff-White, KQED; Ross Ewald and Danielle Echeverria, Stanford University; Anne Daugherty, UC Berkeley",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-size: 4.6875em; float: left; line-height: 0.733em; padding: 0.05em 0.1em 0 0; font-family: times, serif, georgia;\">O\u003c/span>n Nov. 24, 2017, Robert Cruz Jr. biked north along Baker Street, on a quiet block straddling Bakersfield’s once-thriving old town and struggling new, restaurants interspersed with a rehab center and a prepaid phone store. A little before midnight, two officers noticed that the 37-year-old Cruz didn’t have a front light on his bicycle. A patrol officer chased Cruz to a nearby yard. There, Cruz crouched behind a child’s play tunnel, and the officer struck his arm with a baton.\u003c/p>\n\u003cp>According to a police report, Cruz shouted “I didn’t do anything” twice before the officer struck again. The patrolmen arrested Cruz for assaulting an officer, resisting arrest and for the missing bike light. Before taking him to jail, an ambulance brought Cruz to the hospital, a bone sticking out of his skin.\u003c/p>\n\u003cp>Between 2016 and 2019, Bakersfield police officers used force that broke at least 45 bones in 31 people, an analysis of public records shows. The city of Bakersfield released the documents under a\u003ca href=\"https://www.kqed.org/news/11758000/delaying-the-inevitable-many-police-agencies-withhold-records-in-new-era-of-transparency\"> recent California law that increases transparency in policing\u003c/a>. The records released include those cases that involved serious injury or death. A third of the time, injuries reported included one or more broken bones.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nBesides Cruz, two other bicyclists stopped by patrol officers for code violations suffered broken bones during that four-year period. They also ended up at the hospital, one with head fractures, the other a broken leg. Some of the 31 people were later convicted of serious crimes, but an analysis of police reports reveals that others had charges dismissed, or never faced charges at all. While wrestling in a pile of blankets with a 57-year-old woman who was suspected of trespassing in a Greyhound station, officers broke her wrist. And when one man allegedly violated the \u003ca href=\"https://bakersfield.municipal.codes/Code/12.56.050\">city’s curfew\u003c/a> in Martin Luther King Jr. Park, officers tased and hit him with a baton, breaking his leg.\u003c/p>\n\u003cp>In all 31 cases involving broken bones, the Bakersfield Police Department determined that none of the officers involved violated departmental policy.\u003c/p>\n\u003cp>Breaking a bone is a brutal act, said Bakersfield Police Sgt. Robert Pair, a spokesman for the department. But it’s also not unusual.\u003c/p>\n\u003cp>“It's the unfortunate reality that force is sometimes used in defense of officers and others, and that's the world we live in,” Pair said. “I don't think that that is an alarming number at all.”\u003c/p>\n\u003cp>The number of broken bones is disturbing to Stephanie Padilla, a staff attorney for the \u003ca href=\"https://www.aclusocal.org/sites/default/files/patterns_practices_police_excessive_force_kern_county_aclu-ca_paper.pdf\">American Civil Liberties Union\u003c/a> of Southern California.\u003c/p>\n\u003cp>“I do think that is high, and I do think that is a really troubling number that one out of three [serious] use-of-force cases result in broken bones,” Padilla said. “It tracks what individuals in the community have shared with us.”\u003c/p>\n\u003cfigure id=\"attachment_11878038\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg\">\u003cimg class=\"size-medium wp-image-11878038\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/matthews-bakersfield.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Traco Matthews sits in his home on May 20, 2021 in Bakersfield, California. Matthews worked with the Bakersfield Police Department and community groups to recommend policing reforms, and chairs the Community Collaborative Use of Force Policy and Oversight Committee. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This week, the \u003ca href=\"https://www.bakersfieldcity.us/458/City-Council\">Bakersfield City Council\u003c/a> will vote on whether to allocate $133 million next year to policing. That would raise the department’s share to 42% of the city budget and add 28 police officers.\u003c/p>\n\u003cp>The council’s budget hearings are the latest venue for a public debate about the quality of policing in Bakersfield, where voters narrowly approved a 1% sales tax increase to boost funding for essential services three years ago.\u003c/p>\n\u003cp>The city pitched the sales tax as a public safety measure, but residents of Bakersfield still disagree about how best to keep the public safe. The Police Department has proposed hiring 100 officers within three years. But it remains the target of a \u003ca href=\"https://www.kget.com/news/local-news/california-department-of-justice-investigates-bakersfield-police-department/\">California Department of Justice investigation opened more than four years ago\u003c/a> by then-Attorney General Kamala Harris. Demands for policing reforms — including defunding or even \u003ca href=\"https://peoplesbudgetbako.com/about/\">abolishing the department\u003c/a> — accelerated during Black Lives Matter protests last summer.\u003c/p>\n\u003cp>“I think we stand on the precipice of a critical juncture, a critical moment here in Bakersfield and in Kern County,” said Traco Matthews, a local Black civic leader and chief program officer at the nonprofit \u003ca href=\"https://www.capk.org/\">Community Action Partnership of Kern\u003c/a>. Matthews co-chairs an independent committee convened by the City Council that has offered recommendations for police reform. “Can we get to a place where use-of-force incidents, especially serious use-of-force incidents, are less and the public is still safe? And every citizen, every resident, feels like they are part of this family of Bakersfield being protected and served by BPD? Absolutely.”\u003c/p>\n\u003ch2>Multiple Layers of Review, Says Department\u003c/h2>\n\u003cp>Among all of the cases released by the department, internal reports concluded that the force Bakersfield police used to cause a fracture was reasonable: each dog bite, every control hold, every physical strike and every strike of the baton. Using batons, officers broke bones in 26 people; once, an officer broke the baton.\u003c/p>\n\u003cp>Following every incident, the department applied a careful review process, said Sgt. Pair.\u003c/p>\n\u003cp>“It's not a carte blanche that you can use a baton, go out there and use a baton whenever you want to,” Pair said. “Each one is … scrutinized under the facts and circumstances of its own event.”\u003c/p>\n\u003cp>That scrutiny has layers. When a Bakersfield police officer uses force, the officer must report it to a supervisor, usually the sergeant on duty, according to the department’s manual.\u003c/p>\n\u003cp>The manual then directs sergeants to ensure that the person injured receives medical treatment and to investigate the incident. Policy directs sergeants to examine the scene, review video footage, interview witnesses and talk to the injured person if they consent.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nIn Bakersfield, every sergeant also writes a report about any use of force. And every sergeant’s report must be reviewed by the watch commander, a lieutenant. Department spokespeople say that captains sometimes review use-of-force reports, too.\u003c/p>\n\u003cp>When the force used is deemed reasonable, that sergeant’s report may be brief, as in the case of Robert Cruz Jr., stopped for lacking a bicycle light. In that case, the sergeant’s description of what happened was five sentences long.\u003c/p>\n\u003cp>Officer Andrew Celedon reported that Cruz abandoned his bike when approached by a patrol car and ran for a nearby yard. There, he tried to jump a fence; Celedon pulled him down to the ground, where he curled up behind a play tunnel. When Celedon wrote up the incident, he emphasized the darkness in the yard and the possibility that Cruz could carry a knife, gun or weapons in his baggy clothes. Celedon stated he struck Cruz, who was crouched in a fetal position, with a baton.\u003c/p>\n\u003cp>Kevin Robinson, an instructor at \u003ca href=\"https://ccj.asu.edu/\">Arizona State University’s School of Criminology and Criminal Justice\u003c/a> and a 37-year veteran of the Phoenix Police Department, said the goal of an investigation should be to decide whether the force used was appropriate.\u003c/p>\n\u003cp>“Bakersfield in my mind has the right steps in place,” Robinson said of the department’s policies. “Supervisors should come out and review every use of force.”\u003c/p>\n\u003cp>Within two weeks, Sgt. Charles Sherman concluded that strike against Cruz was an effective use of force, necessary for self-defense.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cfigure id=\"attachment_11878047\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg\">\u003cimg class=\"size-medium wp-image-11878047\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-building.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Sergeants are supposed to review and write a report about all uses of force at the Bakersfield Police Department. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Are the Reviews Enough?\u003c/h2>\n\u003cp>Seth Stoughton, \u003ca href=\"https://sc.edu/study/colleges_schools/law/faculty_and_staff/directory/stoughton_seth.php\">University of South Carolina School of Law\u003c/a> associate professor, reviewed the Robert Cruz Jr. report. Like others provided in response to a records request, the Police Department retrieved that report from incident tracking software sold to law enforcement agencies called \u003ca href=\"https://blueteamcorp.com/\">BlueTeam\u003c/a>. In it, Cruz is described as fleeing and resisting arrest, both legal conclusions offered without support.\u003c/p>\n\u003cp>Stoughton, who testified for the prosecution at Derek Chauvin’s trial in the killing of George Floyd, said the report was “woefully inadequate” to examine an individual event.\u003c/p>\n\u003cp>Good investigations of incidents like this are wide-ranging, he said. After-action reports should look back at what happened in detail and also look forward to offer ways to improve outcomes in the future, regardless of fault.\u003c/p>\n\u003cp>For the incident in which a Bakersfield officer broke Cruz’s bone, the sergeant’s report “does not have anywhere near the level of detail that any competent supervisor would demand to assess, even in a very cursory fashion, the incident being described,” Stoughton said.\u003c/p>\n\u003cp>“If you're using it as one of many data points to get a bird's-eye view, then maybe this is all you need,” he said.\u003c/p>\n\u003cp>According to Bakersfield Police Sgt. Christopher Bagby, who works in the agency’s Quality Assurance Unit, the department’s use-of-force working group uses BlueTeam data to examine the effectiveness of strategy and tactics. Late in 2019, the Quality Assurance Unit also began randomized audits of the reports themselves. Sgt. Pair said that the system will automatically alert a supervisor if one of the officers under their command is using more force than normal.\u003c/p>\n\u003cp>If a sergeant sees something potentially criminal, that goes to internal affairs. That department investigates citizen complaints and also begins its own inquiries.\u003c/p>\n\u003cp>Among the 31 broken bone cases released in Bakersfield, internal affairs investigated three, the only incidents where records show citizens complained. The internal affairs office cleared every officer in those three cases.\u003c/p>\n\u003cp>Police and experts say that a review process is not a disciplinary process. Rather, it’s a way for departments to see how they can adjust and improve. Reducing violence in a community includes reducing uses of force, Stoughton said. Professional agencies need to look at each incident and ask what they can learn.\u003c/p>\n\u003cp>“Sometimes the answer is there is nothing that we could realistically change here that would have any impact,” Stoughton said. “The agency can control whether officers are issued a taser, for example, or that the agency can control how long an officer’s shift is to see if they're fatigued and making bad decisions.”\u003c/p>\n\u003cfigure id=\"attachment_11878138\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg\" alt=\"\" width=\"800\" height=\"447\" class=\"size-medium wp-image-11878138\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-800x447.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1020x570.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-160x89.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars-1536x858.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/bpd-copcars.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A Bakersfield police vehicle makes patrols on Nov. 17, 2017 in Bakersfield, California. \u003ccite>(Frederic J. Brown/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Injuries Linger, Financially and With Community\u003c/h2>\n\u003cp>In 2017, Cory Joe Pearson fired a gun through the windshield of a car at his former girlfriend and her cousin, according to police reports. Bakersfield police tracked him to a Vagabond Inn. When Pearson left his room for a smoke, one officer tackled Pearson to the ground in the motel parking lot. At the same time, another officer noticed Pearson “thrashing,” and struck Pearson with a baton twice, breaking his shin bone. Four years later, Pearson said he still hasn’t recovered.\u003c/p>\n\u003cp>“I’m in constant pain, always, because of it,” Pearson said by phone from the state prison in Lancaster where he is serving a 20-year sentence for assault with a firearm. “I can’t run, I can’t play sports,” he said. “I can hardly walk.”\u003c/p>\n\u003cp>Policing experts say that batons are among the safer weapons officers carry.\u003c/p>\n\u003cp>The best thing about a baton is that officers can use it as a threat to frighten someone into compliance without striking them, said \u003ca href=\"https://www.jjay.cuny.edu/faculty/peter-moskos\">John Jay College of Criminal Justice\u003c/a> professor Peter Moskos. Any weapon that doesn’t have to be used to make a person comply is safer “because it doesn't have to be used as much.”\u003c/p>\n\u003cp>And the Bakersfield Police Department defends its use of force as judicious and skilled.\u003c/p>\n\u003cp>“We can’t do our job without use of force,” said Sgt. Lynn Martinez, who trains officers in how to use force properly. “Sometimes police officers will have to hurt people to protect themselves and others.”\u003c/p>\n\u003cp>Still, there’s a cost.\u003c/p>\n\u003cp>From 2016 to 2019, Bakersfield police officers sent an average of 304 people to the hospital per year following police encounters, an analysis of internal affairs reports shows. Officers and health workers decide where subjects of the use of force receive medical care, according to the department's policies.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"People Taken to the Hospital After Encounters With Bakersfield Police\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-iBUnj\" src=\"https://datawrapper.dwcdn.net/iBUnj/3/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>People injured by uses of force describe emotional and financial costs from an encounter with police.\u003c/p>\n\u003cp>Any use of force, even a relatively low-level use of force, is a significant event between a police department and the community, said University of South Carolina’s Stoughton, a former Florida police officer.\u003c/p>\n\u003cp>It’s “a really a significant government intrusion onto individual liberty and autonomy,” he said. “Of all of the aspects of policing, the use of force has probably the highest potential to be socially corrosive.”\u003c/p>\n\u003ch2>Budget a Flashpoint For Public Safety Debate\u003c/h2>\n\u003cp>Last June, anger at the police spilled into public meetings as the City Council unanimously voted to increase funding for the Bakersfield Police Department just weeks after the murder of George Floyd.\u003c/p>\n\u003cp>The City Council used money from Measure N, a public safety and services budgeting measure, which narrowly passed by 97 votes, winning by 0.05% in 2018. At the time, the city proposed using the funds on a wide range of services, including emergency response, police and fire protection, various anti-crime efforts, addressing homelessness and attracting jobs and businesses.\u003c/p>\n\u003cp>But even as Bakersfield added more officers to the force, the number of \u003ca href=\"https://bakersfieldnow.com/news/local/2021-homicide-numbers-expected-to-surpass-deadliest-record-set-last-year-bpd-says\">homicides increased\u003c/a>, a number both the police and city residents cited at public meetings in May and June.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe title=\"Bakersfield Police Department Budget by Fiscal Year \" aria-label=\"Column Chart\" id=\"datawrapper-chart-g6UDA\" src=\"https://datawrapper.dwcdn.net/g6UDA/6/\" scrolling=\"no\" frameborder=\"0\" style=\"width: 0; min-width: 100% !important; border: none;\" height=\"400\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In public testimony at the most recent City Council meeting in early June, Bakersfield residents laid out their main concern: a desire to feel safe, some from criminals, and others from the police.\u003c/p>\n\u003cp>“I’d like to see some policemen reform,” Christ First Ministries Pastor Josephate Jordan said. “But to defund the police when we have areas of our community that are not patrolled regularly? Well, we have crime running rampant.”\u003c/p>\n\u003cp>Others called for the city to move more money toward services.\u003c/p>\n\u003cp>“Put the funding somewhere it can be utilized like MLK Park,” Christina Crompton urged the councilmembers on June 2. “I take my kids all the time. I go out there, I pick up trash in the park, I pick up needles in the park.”\u003c/p>\n\u003cp>Crompton, 22, told a reporter that she wants to see the funds spent on public projects instead of more police officers. Crompton’s cousin is Tatyana Hargrove, a young woman whose high-profile encounter with police in 2017 has since galvanized activists.\u003c/p>\n\u003cp>Four years ago, Bakersfield police officers sought a 160-pound, 5-foot-10-inch Black man who had attempted to stab a grocery store clerk with a machete. According to police reports, officers stopped Hargrove, a 120-pound woman who was 8 inches shorter. Officers punched her, set a dog on her and put her in the back of a patrol cruiser before realizing she was a woman.\u003c/p>\n\u003cp>Charges against Hargrove were dropped. She lost a lawsuit for excessive force against the city.\u003c/p>\n\u003cp>Community leaders like Matthews and activists like Crompton have since highlighted Hargrove’s case as an example of how excessive force costs the Police Department trust with the community as a whole.\u003c/p>\n\u003cp>“Imagine how our family felt,” Crompton said. “Do you know a pain in your chest? You know how when you’re in trouble and it gets very heavy and you can’t breathe. That’s the pain our family felt in our hearts when Tatyana was beaten by the police.”\u003c/p>\n\u003cp>These kinds of incidents make it less likely for people to report crime, Crompton said, and that makes it harder for officers to solve crimes.\u003c/p>\n\u003cp>“Who’s going to be there to protect us at the end of the day?” Crompton asked. “Who are we going to call? We’re scared of them.”\u003c/p>\n\u003cfigure id=\"attachment_11878056\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg\">\u003cimg class=\"size-medium wp-image-11878056\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/crompton.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Christina Crompton works at a community garden on May 21, 2021 in southeast Bakersfield, California, where they distribute free produce. Better cultural training and increased diversity would decrease tension and mistrust between police and community members, Crompton said. \u003ccite>(Anne Daughtery/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Advocates say Crompton is not alone.\u003c/p>\n\u003cp>In a poll conducted by the independent Bakersfield Police Department Community Collaborative, about one in five people said they did not feel comfortable requesting assistance from the agency in an emergency situation.\u003c/p>\n\u003cp>“There are just too many incidents,” said Traco Matthews, who co-chaired the collaborative. \u003ca href=\"https://bloximages.newyork1.vip.townnews.com/bakersfield.com/content/tncms/assets/v3/editorial/0/62/062967f4-8917-11eb-83fb-270d07507ba2/6055483d3425e.pdf.pdf\">The reforms his group recommended\u003c/a> to the City Council last month include that the department follow up on policy changes first proposed by the U.S. Department of Justice in 2004, diversify the force and hire an independent auditor. The council accepted the recommendations without comment.\u003c/p>\n\u003ch2>When and How Are Broken Bones Counted?\u003c/h2>\n\u003cp>Six years ago, about 5 miles south of where Hargrove was stopped by the Bakersfield police, Arturo Gonzalez stepped out of his house — and into another case of mistaken identity, also by Bakersfield police.\u003c/p>\n\u003cp>In January 2015, the Bakersfield Police Department sent four officers to Gonzalez’s house to perform a welfare check after his son, also named Arturo Gonzalez, called 911 “rambling, not making too much sense.” Records show police officers prepared for the younger Gonzalez to ambush them. A 911 dispatcher called Gonzalez Sr., who said that his son wasn’t at the house; according to a transcript, the dispatcher then notified officers that the elder Gonzalez was coming outside to meet them. Video captured by a neighbor’s camera shows Gonzalez shuffling backward, arms raised, and lit by flashlights and a flood light in his driveway. After he kneels, officers knock him flat, then beat and knee the elder Gonzalez. Among his injuries were broken ribs.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n“If this isn’t a serious bodily injury I don’t know what a serious bodily injury is,” said Thomas Seabaugh, a lawyer for Gonzalez. But Gonzalez’s case isn’t counted among the 109 cases between 2014 and 2019 the department released under the state transparency law.\u003c/p>\n\u003cp>After realizing that they arrested the wrong man, police transported Gonzalez to Mercy Southwest Hospital in an ambulance, handcuffed to a gurney. Gonzalez was not charged with a crime.\u003c/p>\n\u003cp>No broken bones are documented in the initial police report, said Lt. Ryan Kroeker, a spokesman for the Bakersfield Police Department, who added that “there were no obvious injuries.”\u003c/p>\n\u003cp>Gonzalez returned to Mercy, still complaining of pain, two days later. But it wasn’t until a week later, at his primary care physician, that X-rays revealed the extent of his injuries. After blows delivered by the officers, injuries diagnosed by at least three doctors included broken ribs, a damaged spine and torn tendons in his left shoulder.\u003c/p>\n\u003cp>Generally, going to the hospital reflects a serious injury, said use-of-force expert Stoughton. It’s common in use-of-force investigations for someone to contact the individual and ask whether they received additional medical treatment, he said.\u003c/p>\n\u003cp>“You know, that's not a hard thing to check up on,” Stoughton said. “We’re talking about a 15-minute phone call.”\u003c/p>\n\u003cfigure id=\"attachment_11878073\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg\">\u003cimg class=\"size-medium wp-image-11878073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/gonzalez-paintings.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Arturo Gonzalez shows reporters his paintings of a Mexican woman reclining, and a tulip with figure. \u003ccite>(Anne Daugherty/UC Berkeley)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At multiple departments, records released under the state’s transparency law \u003ca href=\"https://www.mercurynews.com/2020/07/21/bay-area-news-group-sues-san-jose-for-failure-to-release-police-discipline-use-of-force-records/\">have so far\u003c/a> \u003ca href=\"https://www.kqed.org/news/11817288/kqed-sues-chp-over-failure-to-disclose-discipline-and-use-of-force-records\">been incomplete\u003c/a>, \u003ca href=\"https://www.kqed.org/news/11861149/kqed-sues-bart-for-records-on-oscar-grant-shooting-and-other-police-killings\">requiring significant\u003c/a> \u003ca href=\"https://www.latimes.com/california/story/2021-03-19/sb-1421-sheriffs-department-disclosure\">legal follow-up\u003c/a>. Even where police departments produce records, as in Bakersfield, the information doesn’t reflect the whole story. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB16\">A proposal \u003c/a>now moving through the state Legislature would, if passed, make records available for all uses of force found excessive or unreasonable, regardless of injury, and set a deadline for agencies to do so.\u003c/p>\n\u003cp>“We’re trusting the police to keep the data on themselves,” said attorney Thomas Seabaugh. “It’s like trusting the corporation to tell us when it has polluted.”\u003c/p>\n\u003cp>Six years later, Gonzalez said he is still crippled with pain from the injuries and is still receiving care. The cost of treatment has continued to add up, from steroid injections to shoulder surgery. In late May, his doctor recommended another surgery on his back, Gonzalez said.\u003c/p>\n\u003cp>This and other incidents have also cost money for local taxpayers. Gonzalez brought a civil rights case against the officers, including one who was present but did nothing to stop the beating, and settled with the city in 2018 for $125,000.\u003c/p>\n\u003cp>From 2014 to 2019 the city paid out more than $1 million in 10 separate settlements for civil rights, excessive force and personal injury claims related to the police. During the same time period the city settled for an additional $1.525 million in seven wrongful death suits, also all related to the police.\u003c/p>\n\u003cp>Gonzalez said that he doesn’t go out much anymore because he’s afraid that the police might stop him.\u003c/p>\n\u003cp>It’s also hard to feel safe at home, he said.\u003c/p>\n\u003cp>“When I come outside of my house, I think about the attack,” he said. “And I think about police officers doing this to me.”\u003c/p>\n\u003cp>After decades working in heavy labor, Gonzalez planned to devote his retirement to art. His acrylic and oil paintings adorn the walls of his house. In his entryway, Pine Mountain in Ojai, California; on his dining room wall, a beautiful Mexican woman. A few more in the living room; others throughout the house. He started painting in seventh grade.\u003c/p>\n\u003cp>“For [painting] you have to be calm and peaceful,” Gonzalez said. “The pain is going to trigger you out of that.”\u003c/p>\n\u003cp>That’s why he says he hasn’t been painting recently. Sitting for long periods is arduous. It’s too hard to raise his arms.\u003c/p>\n\u003cp>\u003cem>Alexandra Hall, Noah Baustin, Lily Taylor, Eric Ting, Daniel Wu and Ying Zhao contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state, including \u003ca href=\"https://journalism.stanford.edu/\">Stanford Journalism\u003c/a>’s Watchdog Reporting Class, the \u003ca href=\"https://journalism.berkeley.edu/programs/mj/investigative-reporting/\">UC Berkeley Graduate School of Journalism’s Investigative Reporting Program\u003c/a> and KQED. The project was formed in 2018 to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003ch2>How We Did It\u003c/h2>\n\u003cp>We wanted to know how Bakersfield Police Department officers use force and how that force was investigated. In 2019, reporters from the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a>, a collaborative effort involving 40 newsrooms across the state, requested under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\">Senate Bill 1421\u003c/a> records about uses of force that resulted in serious bodily injury and cases involving police misconduct from 2014 to 2018. In 2020, the collaboration asked for the records for cases that met the same standards that occurred in 2019. We confirmed with the city attorney that we had all disciplinary records available through the law.\u003c/p>\n\u003cp>Two researchers read each case and entered information into a database. An editor reviewed the entries to make a final determination. We analyzed data on cases from the Bakersfield Police Department from 2014 to 2019 to learn more about cases where an officer broke someone’s bone. That data included information on the use of force, administrative findings and discipline.\u003c/p>\n\u003cp>We spoke with officers in the Public Affairs and the Quality Assurance Unit about how they trained officers and review use-of-force cases. The Police Department said that they did not turn over Arturo Gonzalez’s case because they did not know the extent of his injuries at the time. Lt. Kroeker said the cases documented uses of force that were within policy and reviewed in the routine fashion. We did not reach out individually to police officers named in the records.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "why-californias-red-flag-gun-removal-law-is-so-hard-to-implement",
"title": "Why California's 'Red Flag' Gun Removal Law Is So Hard to Implement",
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"content": "\u003cp>Shortly after a gunman in San Jose killed nine people and himself at a Santa Clara Valley Transportation Authority rail yard on May 26, local and state officials put a renewed focus on California’s “red flag” law, asking if it could have prevented the massacre.\u003c/p>\n\u003cp>Formally known as a gun violence restraining orders (GVRO), the law is designed to allow courts to take guns away from people who are deemed a danger to themselves or others. In 2014, California became one of the first states in the country to enact such legislation.\u003c/p>\n\u003cp>But not many law enforcement agencies have used the order, including those in Santa Clara County, where San Jose is located. Jeff Rosen, the county’s district attorney, says in the first few years after the law went into effect in 2016, few of his law enforcement officers knew about it.\u003c/p>\n\u003cp>“Police officers get phone calls — get 911 calls from neighbors, from family members, co-workers: ‘Hey, this person I know is threatening to kill themselves or others,’ ” Rosen said. “The police officers would respond and they wouldn’t know that they could get a gun violence restraining order and remove the guns.”\u003c/p>\n\u003cp>In 2018, Rosen worked with law enforcement officials in a handful of other California counties to streamline the filing process and improve how police are trained to use the law.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“When we taught and we trained all the police officers in our county, we saw a huge increase in the number of gun violence restraining orders we issued in our county,” Rosen said.\u003c/p>\n\u003cp>Santa Clara County, along with San Diego and Orange counties, now issue the \u003ca href=\"https://www.sfchronicle.com/projects/2021/california-gun-restraining-orders/\">most GVROs in the state\u003c/a>, at last count.\u003c/p>\n\u003cp>But Rosen says work still needs to be done to further raise public awareness.\u003c/p>\n\u003cp>“What I think this mass shooting at the VTA and San Jose shows us is that we now need to educate the public about gun violence restraining orders,” Rosen said. “Now, we’re taking the next step of public service announcements and trainings of businesses to educate them.”\u003c/p>\n\u003ch3>\u003cstrong>How Red Flag Laws Work\u003c/strong>\u003c/h3>\n\u003cp>The laws differ slightly in every state that has one. In California, if you’re afraid someone close to you may hurt themselves or others and has access to a firearm, you can call the police to request that a\u003ca href=\"https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=en\"> GVRO be issued.\u003c/a> Your request will eventually make its way to a judge who will ask for evidence showing that the person in question is in danger or a threat to others.\u003c/p>\n\u003cp>In some instances, if a person is known to be in immediate danger, a judge can approve an ex parte hearing — one that can proceed without the person in attendance.\u003c/p>\n\u003cp>If a judge decides the evidence is sufficient to issue a GVRO to someone, that person will be required to surrender his or her firearms and ammunition for at least of 21 days, and up to five years.\u003c/p>\n\u003cp>In 2019, California’s law was expanded to allow co-workers, educators and employers to request the order, rather than just family members and law enforcement officers.\u003c/p>\n\u003cp>“We saw over and over again shootings occur at schools as well as at workplaces,” said Assemblymember Phil Ting, D-San Francisco, who introduced the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB61\">bill\u003c/a>. “It made sense to expand gun violence restraining orders beyond the people who could get them.”\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=RdRrQNemFoQ\u003c/p>\n\u003ch3>\u003cstrong>A Tool, Not a Panacea\u003c/strong>\u003c/h3>\n\u003cp>Ting ties the general lack of awareness about the law’s full scope and potential to the fact that it was expanded shortly before the coronavirus pandemic.\u003c/p>\n\u003cp>“It’s hard to decipher or even understand all the new laws that were passed, especially if you are just a regular, ordinary citizen who is just going about their very busy life,” Ting said.\u003c/p>\n\u003cp>The same can be said for many law enforcement officers. Consider, for instance, that \u003ca href=\"https://www.wsj.com/articles/san-jose-shooter-was-previously-questioned-by-law-enforcement-over-hatred-of-workplace-11622142384\">U.S. Customs and Border Patrol agents\u003c/a> in 2016 detained the VTA shooter on his way back from a trip to the Philippines after finding books on terrorism in his possession, as well as hand-written notes professing his hatred for the VTA.\u003c/p>\n\u003cp>Ting acknowledges the law has its limits, and that it’s impossible to say whether it would have prevented the VTA shooting.\u003c/p>\n\u003cp>“Gun violence restraining orders are not a panacea. They’re a tool,” he said.\u003c/p>\n\u003cp>GVROs are actually most commonly used to prevent suicides — \u003ca href=\"https://maps.everytownresearch.org/wp-content/uploads/2020/04/Every-State-Fact-Sheet-2.0-042720-California.pdf\">which account for the majority of gun deaths\u003c/a> in California — and shootings in domestic violence cases. But the law doesn’t necessarily protect the person reporting the potential threat, according to Esther Peralez-Dieckmann, executive director of the San Jose nonprofit \u003ca href=\"https://www.nextdoorsolutions.org/\">Next Door Solutions to Domestic Violence\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gun-control\"]“We find that people who perpetrate violence are very focused on hurting and abusing the victim,” she said. “They’re not necessarily concerned about the restraining order.”\u003c/p>\n\u003cp>She adds there are multiple reasons why a victim might not want to request this type of order. For one, the victim may be undocumented, or otherwise wary of interaction with law enforcement. Also, getting a GVRO approved by a judge requires evidence of abuse, something a survivor might not have available on hand.\u003c/p>\n\u003cp>Complicating matters further, the abuser may be in a profession that requires operating a firearm, Peralez-Dieckmann noted.\u003c/p>\n\u003cp>“That definitely is something in the mind of the survivor, because in many cases, the survivor is financially dependent on the person inflicting the abuse,” she said.\u003c/p>\n\u003cp>Peralez-Dieckmann says her goal is stopping the cycle of violence before it escalates to the point that someone feels the need to invoke the red flag law — or wishes they had after the fact.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“How do you prevent violence?” Peralez-Dieckmann said. “Because it is a learned behavior. And what the studies show is that in some of these situations, perpetrators were exposed to violence much earlier in life. Either they were children who were somehow exposed to abuse or observed domestic violence.”\u003c/p>\n\n",
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"excerpt": "If it had been used, California's expanded 'red flag' law could have potentially prevented the mass shooting in San Jose two weeks ago. But the law has proven difficult to implement. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Shortly after a gunman in San Jose killed nine people and himself at a Santa Clara Valley Transportation Authority rail yard on May 26, local and state officials put a renewed focus on California’s “red flag” law, asking if it could have prevented the massacre.\u003c/p>\n\u003cp>Formally known as a gun violence restraining orders (GVRO), the law is designed to allow courts to take guns away from people who are deemed a danger to themselves or others. In 2014, California became one of the first states in the country to enact such legislation.\u003c/p>\n\u003cp>But not many law enforcement agencies have used the order, including those in Santa Clara County, where San Jose is located. Jeff Rosen, the county’s district attorney, says in the first few years after the law went into effect in 2016, few of his law enforcement officers knew about it.\u003c/p>\n\u003cp>“Police officers get phone calls — get 911 calls from neighbors, from family members, co-workers: ‘Hey, this person I know is threatening to kill themselves or others,’ ” Rosen said. “The police officers would respond and they wouldn’t know that they could get a gun violence restraining order and remove the guns.”\u003c/p>\n\u003cp>In 2018, Rosen worked with law enforcement officials in a handful of other California counties to streamline the filing process and improve how police are trained to use the law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“When we taught and we trained all the police officers in our county, we saw a huge increase in the number of gun violence restraining orders we issued in our county,” Rosen said.\u003c/p>\n\u003cp>Santa Clara County, along with San Diego and Orange counties, now issue the \u003ca href=\"https://www.sfchronicle.com/projects/2021/california-gun-restraining-orders/\">most GVROs in the state\u003c/a>, at last count.\u003c/p>\n\u003cp>But Rosen says work still needs to be done to further raise public awareness.\u003c/p>\n\u003cp>“What I think this mass shooting at the VTA and San Jose shows us is that we now need to educate the public about gun violence restraining orders,” Rosen said. “Now, we’re taking the next step of public service announcements and trainings of businesses to educate them.”\u003c/p>\n\u003ch3>\u003cstrong>How Red Flag Laws Work\u003c/strong>\u003c/h3>\n\u003cp>The laws differ slightly in every state that has one. In California, if you’re afraid someone close to you may hurt themselves or others and has access to a firearm, you can call the police to request that a\u003ca href=\"https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=en\"> GVRO be issued.\u003c/a> Your request will eventually make its way to a judge who will ask for evidence showing that the person in question is in danger or a threat to others.\u003c/p>\n\u003cp>In some instances, if a person is known to be in immediate danger, a judge can approve an ex parte hearing — one that can proceed without the person in attendance.\u003c/p>\n\u003cp>If a judge decides the evidence is sufficient to issue a GVRO to someone, that person will be required to surrender his or her firearms and ammunition for at least of 21 days, and up to five years.\u003c/p>\n\u003cp>In 2019, California’s law was expanded to allow co-workers, educators and employers to request the order, rather than just family members and law enforcement officers.\u003c/p>\n\u003cp>“We saw over and over again shootings occur at schools as well as at workplaces,” said Assemblymember Phil Ting, D-San Francisco, who introduced the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB61\">bill\u003c/a>. “It made sense to expand gun violence restraining orders beyond the people who could get them.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/RdRrQNemFoQ'\n title='//www.youtube.com/embed/RdRrQNemFoQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003ch3>\u003cstrong>A Tool, Not a Panacea\u003c/strong>\u003c/h3>\n\u003cp>Ting ties the general lack of awareness about the law’s full scope and potential to the fact that it was expanded shortly before the coronavirus pandemic.\u003c/p>\n\u003cp>“It’s hard to decipher or even understand all the new laws that were passed, especially if you are just a regular, ordinary citizen who is just going about their very busy life,” Ting said.\u003c/p>\n\u003cp>The same can be said for many law enforcement officers. Consider, for instance, that \u003ca href=\"https://www.wsj.com/articles/san-jose-shooter-was-previously-questioned-by-law-enforcement-over-hatred-of-workplace-11622142384\">U.S. Customs and Border Patrol agents\u003c/a> in 2016 detained the VTA shooter on his way back from a trip to the Philippines after finding books on terrorism in his possession, as well as hand-written notes professing his hatred for the VTA.\u003c/p>\n\u003cp>Ting acknowledges the law has its limits, and that it’s impossible to say whether it would have prevented the VTA shooting.\u003c/p>\n\u003cp>“Gun violence restraining orders are not a panacea. They’re a tool,” he said.\u003c/p>\n\u003cp>GVROs are actually most commonly used to prevent suicides — \u003ca href=\"https://maps.everytownresearch.org/wp-content/uploads/2020/04/Every-State-Fact-Sheet-2.0-042720-California.pdf\">which account for the majority of gun deaths\u003c/a> in California — and shootings in domestic violence cases. But the law doesn’t necessarily protect the person reporting the potential threat, according to Esther Peralez-Dieckmann, executive director of the San Jose nonprofit \u003ca href=\"https://www.nextdoorsolutions.org/\">Next Door Solutions to Domestic Violence\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We find that people who perpetrate violence are very focused on hurting and abusing the victim,” she said. “They’re not necessarily concerned about the restraining order.”\u003c/p>\n\u003cp>She adds there are multiple reasons why a victim might not want to request this type of order. For one, the victim may be undocumented, or otherwise wary of interaction with law enforcement. Also, getting a GVRO approved by a judge requires evidence of abuse, something a survivor might not have available on hand.\u003c/p>\n\u003cp>Complicating matters further, the abuser may be in a profession that requires operating a firearm, Peralez-Dieckmann noted.\u003c/p>\n\u003cp>“That definitely is something in the mind of the survivor, because in many cases, the survivor is financially dependent on the person inflicting the abuse,” she said.\u003c/p>\n\u003cp>Peralez-Dieckmann says her goal is stopping the cycle of violence before it escalates to the point that someone feels the need to invoke the red flag law — or wishes they had after the fact.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“How do you prevent violence?” Peralez-Dieckmann said. “Because it is a learned behavior. And what the studies show is that in some of these situations, perpetrators were exposed to violence much earlier in life. Either they were children who were somehow exposed to abuse or observed domestic violence.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "california-appeals-stone-cold-ideologue-judges-ruling-upending-states-assault-weapons-ban",
"title": "California Appeals 'Stone Cold Ideologue' Judge's Ruling Upending State's Assault Weapons Ban",
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"headTitle": "California Appeals ‘Stone Cold Ideologue’ Judge’s Ruling Upending State’s Assault Weapons Ban | KQED",
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"content": "\u003cp>Gov. Gavin Newsom denounced in starkly personal terms a federal judge’s upending of the state’s restrictions on assault weapons as officials announced the filing Thursday of a formal notice that they will appeal the decision.\u003c/p>\n\u003cp>They described last week’s ruling by U.S. District Judge Roger Benitez as an outlier that conflicts with at least six other federal decisions upholding assault weapons laws in California and elsewhere, a ruling that is designed to get the issue before a recently more conservative U.S. Supreme Court.\u003c/p>\n\u003cp>Newsom, the son of a judge, denounced Benitez as “a stone cold ideologue. He is a wholly owned subsidiary of the gun lobby of the National Rifle Association.” \u003c/p>\n\u003cp>The state already is appealing the same judge’s 2017 ruling against the state’s nearly two-decade-old ban on the sales and purchases of magazines holding more than 10 bullets, and his ruling last year blocking a 2019 California law requiring background checks for anyone buying ammunition.\u003c/p>\n\u003cp>“We need to call this federal judge out. He will continue to do damage, mark my word,” Newsom said. “This is a very focused agenda to work through this judge, where the decision’s already made before it’s even presented, who writes ‘press releases’ on behalf of the gun lobby.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gun owners’ rights groups have made no secret of their effort to get firearms restrictions before the nation’s high court.\u003c/p>\n\u003cp>But the Firearms Policy Coalition, which led plaintiffs who won at the trial level, condemned the governor’s “outrageous and callous personal attacks” on the judge.\u003c/p>\n\u003cp>“Newsom’s verbal assaults on a long-respected member of the judiciary shows his deep and continuing disrespect for the rule of law, the judiciary, the Constitution, and the human rights of California citizens,” the group said. \u003c/p>\n\u003cp>Benitez was appointed by Republican President George W. Bush. Newsom, a Democrat, also assailed Republicans who don’t support gun restrictions.\u003c/p>\n\u003cp>A three-judge appeals court panel agreed with Benitez on his ammunition magazine ruling, but the decision is being reconsidered by a larger appellate panel.\u003c/p>\n\u003cp>Attorney General Rob Bonta filed the three-page notice of appeal and plans to ask the 9th U.S. Circuit Court of Appeals for a stay so the current 32-year assault weapons ban will remain in effect throughout the appeals process.\u003c/p>\n\u003cfigure id=\"attachment_11877597\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1278\" class=\"size-full wp-image-11877597\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">California Attorney General Rob Bonta speaks during a press conference on March 24, 2021, with Gov. Gavin Newsom in the background. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Benitez ruled on Friday that the state’s definition of illegal military-style rifles violates the U.S. Constitution because it deprives law-abiding Californians of weapons commonly allowed in most other states. \u003c/p>\n\u003cp>Critics of the ruling, including Bonta and Newsom, were particularly upset with the judge’s comparison of assault weapons to a common tool: “Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge wrote.\u003c/p>\n\u003cp>“Pocket knives were not intended to kill as many people as possible,” said Mattie Scott, Brady California state president, whose 24-year-old son was killed with an assault weapon in 1996.\u003c/p>\n\u003cp>State officials announced their appeal at San Francisco General Hospital, a Level I Trauma Center, where trauma surgeon Dr. Andre Campbell vividly described the damage that can be done by a high-speed rifle round fired from an assault weapon.\u003c/p>\n\u003cp>“An AR-15 is a weapon of mass destruction … used in warfare,” Campbell said. It “causes absolute devastation to the human body. It is as if a bomb went off in the tissues of the patient.”\u003c/p>\n\u003cp>[aside label='Gun Control' tag='gun-control']California first banned specific brands of weapons in 1989 after a mass shooting at a Stockton elementary school killed five children and injured more than two dozen others. The state has updated the law several times since then and overall has some of the nation’s strictest firearms laws.\u003c/p>\n\u003cp>As a result, “we have one of the lowest gun death rates in the entire country,” said Robyn Thomas, executive director of the Giffords Law Center to Prevent Gun Violence.\u003c/p>\n\u003cp>The Firearms Policy Coalition said it will oppose any stay of Benitez’s order. It had argued in part that assault weapons are no more deadly than some other weapons that are not banned by the state. \u003c/p>\n\u003cp>“The State’s desire to continue imposing its ban should not be allowed to prevail over the fundamental rights of law-abiding gun owners,” the group said.\u003c/p>\n\u003cp>Newsom and Bonta are longtime supporters of what they term commonsense gun restrictions. The governor likely faces a recall election this fall largely driven by his handling of the coronavirus pandemic. Bonta took office in April to fill a vacancy and faces several more conservative challengers in next year’s election.\u003c/p>\n\u003cp>Their move was backed earlier by 10 Democratic state lawmakers who said the restrictions help control gun violence.\u003c/p>\n\u003cp>Democrats who control the state Assembly on Thursday revived for future consideration a bill that would raise taxes on the sale of guns and ammunition. \u003c/p>\n\u003cp>The bill requires a two-thirds vote because it would raise taxes, and last week it failed to muster enough votes. It would impose a 10% tax on the sales price of handguns and an 11% tax on the sales price of rifles, precursor parts and ammunition, using the money for gun violence prevention and recovery programs.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Adam Beam of The Associated Press contributed to this story.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom denounced in starkly personal terms a federal judge’s upending of the state’s restrictions on assault weapons as officials announced the filing Thursday of a formal notice that they will appeal the decision.\u003c/p>\n\u003cp>They described last week’s ruling by U.S. District Judge Roger Benitez as an outlier that conflicts with at least six other federal decisions upholding assault weapons laws in California and elsewhere, a ruling that is designed to get the issue before a recently more conservative U.S. Supreme Court.\u003c/p>\n\u003cp>Newsom, the son of a judge, denounced Benitez as “a stone cold ideologue. He is a wholly owned subsidiary of the gun lobby of the National Rifle Association.” \u003c/p>\n\u003cp>The state already is appealing the same judge’s 2017 ruling against the state’s nearly two-decade-old ban on the sales and purchases of magazines holding more than 10 bullets, and his ruling last year blocking a 2019 California law requiring background checks for anyone buying ammunition.\u003c/p>\n\u003cp>“We need to call this federal judge out. He will continue to do damage, mark my word,” Newsom said. “This is a very focused agenda to work through this judge, where the decision’s already made before it’s even presented, who writes ‘press releases’ on behalf of the gun lobby.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gun owners’ rights groups have made no secret of their effort to get firearms restrictions before the nation’s high court.\u003c/p>\n\u003cp>But the Firearms Policy Coalition, which led plaintiffs who won at the trial level, condemned the governor’s “outrageous and callous personal attacks” on the judge.\u003c/p>\n\u003cp>“Newsom’s verbal assaults on a long-respected member of the judiciary shows his deep and continuing disrespect for the rule of law, the judiciary, the Constitution, and the human rights of California citizens,” the group said. \u003c/p>\n\u003cp>Benitez was appointed by Republican President George W. Bush. Newsom, a Democrat, also assailed Republicans who don’t support gun restrictions.\u003c/p>\n\u003cp>A three-judge appeals court panel agreed with Benitez on his ammunition magazine ruling, but the decision is being reconsidered by a larger appellate panel.\u003c/p>\n\u003cp>Attorney General Rob Bonta filed the three-page notice of appeal and plans to ask the 9th U.S. Circuit Court of Appeals for a stay so the current 32-year assault weapons ban will remain in effect throughout the appeals process.\u003c/p>\n\u003cfigure id=\"attachment_11877597\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1278\" class=\"size-full wp-image-11877597\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/06/RS48088_032_SanFrancisco_NewsomBontaPressConference_03242021-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">California Attorney General Rob Bonta speaks during a press conference on March 24, 2021, with Gov. Gavin Newsom in the background. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Benitez ruled on Friday that the state’s definition of illegal military-style rifles violates the U.S. Constitution because it deprives law-abiding Californians of weapons commonly allowed in most other states. \u003c/p>\n\u003cp>Critics of the ruling, including Bonta and Newsom, were particularly upset with the judge’s comparison of assault weapons to a common tool: “Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge wrote.\u003c/p>\n\u003cp>“Pocket knives were not intended to kill as many people as possible,” said Mattie Scott, Brady California state president, whose 24-year-old son was killed with an assault weapon in 1996.\u003c/p>\n\u003cp>State officials announced their appeal at San Francisco General Hospital, a Level I Trauma Center, where trauma surgeon Dr. Andre Campbell vividly described the damage that can be done by a high-speed rifle round fired from an assault weapon.\u003c/p>\n\u003cp>“An AR-15 is a weapon of mass destruction … used in warfare,” Campbell said. It “causes absolute devastation to the human body. It is as if a bomb went off in the tissues of the patient.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>California first banned specific brands of weapons in 1989 after a mass shooting at a Stockton elementary school killed five children and injured more than two dozen others. The state has updated the law several times since then and overall has some of the nation’s strictest firearms laws.\u003c/p>\n\u003cp>As a result, “we have one of the lowest gun death rates in the entire country,” said Robyn Thomas, executive director of the Giffords Law Center to Prevent Gun Violence.\u003c/p>\n\u003cp>The Firearms Policy Coalition said it will oppose any stay of Benitez’s order. It had argued in part that assault weapons are no more deadly than some other weapons that are not banned by the state. \u003c/p>\n\u003cp>“The State’s desire to continue imposing its ban should not be allowed to prevail over the fundamental rights of law-abiding gun owners,” the group said.\u003c/p>\n\u003cp>Newsom and Bonta are longtime supporters of what they term commonsense gun restrictions. The governor likely faces a recall election this fall largely driven by his handling of the coronavirus pandemic. Bonta took office in April to fill a vacancy and faces several more conservative challengers in next year’s election.\u003c/p>\n\u003cp>Their move was backed earlier by 10 Democratic state lawmakers who said the restrictions help control gun violence.\u003c/p>\n\u003cp>Democrats who control the state Assembly on Thursday revived for future consideration a bill that would raise taxes on the sale of guns and ammunition. \u003c/p>\n\u003cp>The bill requires a two-thirds vote because it would raise taxes, and last week it failed to muster enough votes. It would impose a 10% tax on the sales price of handguns and an 11% tax on the sales price of rifles, precursor parts and ammunition, using the money for gun violence prevention and recovery programs.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Adam Beam of The Associated Press contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>“The badge that I wear — that all of my officers wear — carries a burden with it,” Stockton, California, Police Chief Eric Jones says. “And it does go back to slave patrols.”\u003c/p>\n\u003cp>For the past five years, Jones has overseen a pilot truth and reconciliation effort, through which he’s seeking to acknowledge the racist history of policing in order to change the culture of the department.\u003c/p>\n\u003cp>“If I have a racist officer and I find out, I’m going to fire the officer,” the chief says. “What we’re talking about are these biases that are harder to put your finger on.”\u003c/p>\n\u003cp>Experts say — and records read by \u003cem>On Our Watch \u003c/em>reporters show — that the internal affairs system is poorly equipped to hold officers accountable for racist policing unless it is overt and extreme.\u003c/p>\n\u003cp>Episode four of \u003cem>On Our Watch\u003c/em> investigates the case of a plainclothes Stockton police officer who grabbed a Black 16-year-old, took him to the ground and punched him, knocking the teen’s two front teeth onto a convenience store floor.\u003c/p>\n\u003cp>“He could’ve killed me,” Joseph Green told the department at the time.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Though the police department’s internal investigation found that Officer Robert Johnson III used excessive force, he successfully appealed a five-day suspension with arguments that he confronted the 16-year-old in a “high drug, high gang neighborhood” that included “a crime ridden HUD housing development.”\u003c/p>\n\u003cp>A jury in a civil case found the officer had falsely arrested Green and used excessive force in 2020. The jury awarded Green $710,000. Johnson and the city denied any wrongdoing.\u003c/p>\n\u003cp>That civil outcome didn’t affect Johnson’s job. He’s still on the force today, a recent recipient of an “officer of the year” award.\u003c/p>\n\u003cp>\u003cem>Follow \u003c/em>\u003cem>On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\">NPR One\u003c/a> or your favorite podcast app. \u003c/em>\u003cem> 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 \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Perceived+Threat&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>“The badge that I wear — that all of my officers wear — carries a burden with it,” Stockton, California, Police Chief Eric Jones says. “And it does go back to slave patrols.”\u003c/p>\n\u003cp>For the past five years, Jones has overseen a pilot truth and reconciliation effort, through which he’s seeking to acknowledge the racist history of policing in order to change the culture of the department.\u003c/p>\n\u003cp>“If I have a racist officer and I find out, I’m going to fire the officer,” the chief says. “What we’re talking about are these biases that are harder to put your finger on.”\u003c/p>\n\u003cp>Experts say — and records read by \u003cem>On Our Watch \u003c/em>reporters show — that the internal affairs system is poorly equipped to hold officers accountable for racist policing unless it is overt and extreme.\u003c/p>\n\u003cp>Episode four of \u003cem>On Our Watch\u003c/em> investigates the case of a plainclothes Stockton police officer who grabbed a Black 16-year-old, took him to the ground and punched him, knocking the teen’s two front teeth onto a convenience store floor.\u003c/p>\n\u003cp>“He could’ve killed me,” Joseph Green told the department at the time.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Though the police department’s internal investigation found that Officer Robert Johnson III used excessive force, he successfully appealed a five-day suspension with arguments that he confronted the 16-year-old in a “high drug, high gang neighborhood” that included “a crime ridden HUD housing development.”\u003c/p>\n\u003cp>A jury in a civil case found the officer had falsely arrested Green and used excessive force in 2020. The jury awarded Green $710,000. Johnson and the city denied any wrongdoing.\u003c/p>\n\u003cp>That civil outcome didn’t affect Johnson’s job. He’s still on the force today, a recent recipient of an “officer of the year” award.\u003c/p>\n\u003cp>\u003cem>Follow \u003c/em>\u003cem>On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\">NPR One\u003c/a> or your favorite podcast app. \u003c/em>\u003cem> 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 \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Perceived+Threat&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">After the mass shooting at a Santa Clara Valley Transportation Authority rail yard in San Jose two weeks ago, some politicians started talking about California’s “Red Flag” gun control law, which uses the power of restraining orders to take guns away from people a judge deems at risk of harming themselves or others. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Many people aren’t even aware of the red flag law. And using it as a way to prevent gun violence of all kinds — including mass shootings, suicides and domestic violence — is much more complicated than it seems. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b> \u003ca href=\"https://twitter.com/oddity_adhiti\">\u003cspan style=\"font-weight: 400\">Adhiti Bandlamudi\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, KQED Silicon Valley reporter \u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Episode transcript \u003ca href=\"https://bit.ly/3g0Qlrb\" target=\"_blank\" rel=\"noopener noreferrer\">here\u003c/a>. Subscribe to our newsletter \u003c/span>\u003c/i>\u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSfeiQTfCnzwvOkxyTf8kUNPHsaoishgMkbMpQ25W5UpHOn9bw/viewform\">\u003ci>\u003cspan style=\"font-weight: 400\">here\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/i>\u003c/p>\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC4892501952\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Follow \u003c/span>\u003c/i>\u003ca href=\"https://www.kqed.org/news/tag/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">The Bay\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\"> to hear more local Bay Area stories like this one. New episodes are released Monday, Wednesday and Friday at 3 a.m. Find The Bay on \u003c/span>\u003c/i>\u003ca href=\"https://podcasts.apple.com/us/podcast/the-bay/id1350043452?mt=2\">\u003ci>\u003cspan style=\"font-weight: 400\">Apple Podcasts\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://open.spotify.com/show/4BIKBKIujizLHlIlBNaAqQ\">\u003ci>\u003cspan style=\"font-weight: 400\">Spotify\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://www.stitcher.com/podcast/kqed/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">Stitcher\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, NPR One or via \u003c/span>\u003c/i>\u003ca href=\"https://www.amazon.com/KQED-The-Bay-Flash-Briefing/dp/B07H6YYV23\">\u003ci>\u003cspan style=\"font-weight: 400\">Alexa\u003c/span>\u003c/i>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\n",
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"datePublished": "2021-06-09T03:00:11-07:00",
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"source": "The Bay",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">After the mass shooting at a Santa Clara Valley Transportation Authority rail yard in San Jose two weeks ago, some politicians started talking about California’s “Red Flag” gun control law, which uses the power of restraining orders to take guns away from people a judge deems at risk of harming themselves or others. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Many people aren’t even aware of the red flag law. And using it as a way to prevent gun violence of all kinds — including mass shootings, suicides and domestic violence — is much more complicated than it seems. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b> \u003ca href=\"https://twitter.com/oddity_adhiti\">\u003cspan style=\"font-weight: 400\">Adhiti Bandlamudi\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, KQED Silicon Valley reporter \u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Episode transcript \u003ca href=\"https://bit.ly/3g0Qlrb\" target=\"_blank\" rel=\"noopener noreferrer\">here\u003c/a>. Subscribe to our newsletter \u003c/span>\u003c/i>\u003ca href=\"https://docs.google.com/forms/d/e/1FAIpQLSfeiQTfCnzwvOkxyTf8kUNPHsaoishgMkbMpQ25W5UpHOn9bw/viewform\">\u003ci>\u003cspan style=\"font-weight: 400\">here\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/i>\u003c/p>\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC4892501952\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Follow \u003c/span>\u003c/i>\u003ca href=\"https://www.kqed.org/news/tag/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">The Bay\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\"> to hear more local Bay Area stories like this one. New episodes are released Monday, Wednesday and Friday at 3 a.m. Find The Bay on \u003c/span>\u003c/i>\u003ca href=\"https://podcasts.apple.com/us/podcast/the-bay/id1350043452?mt=2\">\u003ci>\u003cspan style=\"font-weight: 400\">Apple Podcasts\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://open.spotify.com/show/4BIKBKIujizLHlIlBNaAqQ\">\u003ci>\u003cspan style=\"font-weight: 400\">Spotify\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, \u003c/span>\u003c/i>\u003ca href=\"https://www.stitcher.com/podcast/kqed/the-bay\">\u003ci>\u003cspan style=\"font-weight: 400\">Stitcher\u003c/span>\u003c/i>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">, NPR One or via \u003c/span>\u003c/i>\u003ca href=\"https://www.amazon.com/KQED-The-Bay-Flash-Briefing/dp/B07H6YYV23\">\u003ci>\u003cspan style=\"font-weight: 400\">Alexa\u003c/span>\u003c/i>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "In Absentia: Zero Latino Judges in These Majority-Latino California Counties",
"title": "In Absentia: Zero Latino Judges in These Majority-Latino California Counties",
"headTitle": "KQED News",
"content": "\u003cp>Outside the Colusa County Courthouse Annex, 21-year-old Lorenzo Acosta takes a few puffs from his vape cartridge to calm himself before walking into court to support a friend.\u003c/p>\n\u003cp>Acosta acknowledges he’s been “in the system,” so he knows how it all works here. He knows the police, the public defenders, the judge who, he says, hands out extended lectures. But Acosta has never before realized one of the most glaring facts about the local bench of judges who help determine people’s punishments:\u003c/p>\n\u003cp>In Colusa County, \u003ca href=\"https://www.census.gov/quickfacts/fact/table/colusacountycalifornia/PST045219\" target=\"_blank\" rel=\"noopener noreferrer\">where 60% of the population is Latino\u003c/a>, both of the Superior Court judges — who handle everything from disorderly conduct to murder trials — are white.\u003c/p>\n\u003cp>His eyes widen. “That’s crazy, for real? Deadass?” he asks. Then he slowly shakes his head. “Actually, thinking about it now, I’ve only seen white judges.”\u003c/p>\n\u003cp>Coulsa is one of four \u003ca href=\"https://www.census.gov/quickfacts/fact/table/mercedcountycalifornia,maderacountycalifornia,kingscountycalifornia,colusacountycalifornia/RHI725219\" target=\"_blank\" rel=\"noopener noreferrer\">majority-Latino California counties\u003c/a> — along with Kings, Madera, and Merced — with no Latino judges in any superior courtrooms. Latino representation on the bench in three of those counties has not improved much since the state began collecting judicial diversity data 14 years ago. And the fourth, Kings — which had one Latino judge in 2007 — is back down to zero.\u003c/p>\n\u003cfigure id=\"attachment_11877169\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877169\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg\" alt=\"\" width=\"800\" height=\"567\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-1020x723.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-160x113.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">'Actually, thinking about it now, I’ve only seen white judges,' says Lorenzo Acosta. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I wouldn’t have expected it to be that bad,” said Lisa Pruitt, a law professor at the University of California, Davis who helped with the state’s research on attorney access in rural California.\u003c/p>\n\u003cp>In 13 other California counties, there’s a gap of 30 percentage points or more between the percentage of Latinos in the population and the percentage of Latino judges. The gaps tend to be greatest in the Central Valley, but also include counties such as Los Angeles, Monterey and San Bernardino.\u003c/p>\n\u003cp>For years, the focus on fairness and equity within the criminal justice system has been \u003ca href=\"https://calmatters.org/justice/2019/08/californias-new-police-law-explained/\" target=\"_blank\" rel=\"noopener noreferrer\">on policing\u003c/a>, with far less scrutiny to the component of the justice system that wields vast power over attorneys, defendants and how cases are viewed by juries.\u003c/p>\n\u003cp>Judges “often set rules for how the courts across the state or across the county will decide certain cases or how they’ll treat parties before them,” said Douglas Keith, an attorney for the Brennan Center for Justice, a progressive think tank on law and policy. “Who sits on these benches can have a significant impact.”\u003c/p>\n\u003cp>In California, \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">bench representation\u003c/a> is worse for Latinos than any other racial group.\u003c/p>\n\u003cp>And such disparities can have effects that ripple through individual lives and entire communities. \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Research indicates\u003c/a> that racially diverse judges and women judges tend to assess certain cases differently, on average, from their white and male counterparts.\u003c/p>\n\u003cp>And while roughly 60% of white and Asian-Americans felt \u003ca href=\"https://www.courts.ca.gov/documents/4_37pubtrust1.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California county courts\u003c/a> were fair over half the time, only about 40% of Latinos felt the same, according to a study commissioned by the California Judicial Council.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 1050px;\" src=\"https://flo.uri.sh/visualisation/6368028/embed?auto=1\" height=\"1050\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>How has this situation persisted in some California counties? One clear factor is a lack of practicing Latino attorneys in the area — the pool from which judicial appointments are drawn. Others cite the appointments process itself — blaming a good ‘ole boy appointments system that, until recently, was shrouded in secrecy.\u003c/p>\n\u003cp>Regardless, years of planning and programs aimed at \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">diversifying the bench\u003c/a> have yielded exceptional results in some counties, decent results in others, and whites-only benches in a few.\u003c/p>\n\u003cp>There are roughly 1,600 superior court judges throughout California. The State Bar, the Hispanic Bar Association and the California Association of Black Lawyers have sounded the alarm about a lack of \u003ca href=\"http://calbar.ca.gov/Portals/0/documents/caf/2006_Diversity-Pipeline-Report.pdf?ver=2017-05-19-133238-773\" target=\"_blank\" rel=\"noopener noreferrer\">diversity on the bench\u003c/a> for years.\u003c/p>\n\u003cp>Since the \u003ca href=\"https://www.courts.ca.gov/13418.htm\" target=\"_blank\" rel=\"noopener noreferrer\">state began releasing judicial diversity data\u003c/a> in 2007, the number of Latino trial court judges, statewide, \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">has nearly doubled\u003c/a>, going from 96 to 184. Although the percentage of white judges has dropped a bit, they still make up \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">more than 60% of all trial court judges in California\u003c/a>, as they did 14 years ago.\u003c/p>\n\u003cp>While adding people from different backgrounds and life experiences can lead to litigants feeling more trustful of the judicial system, it’s not the only reason diversity is important.\u003c/p>\n\u003cfigure id=\"attachment_11877228\" class=\"wp-caption alignleft\" style=\"max-width: 240px\">\u003cimg class=\"size-full wp-image-11877228\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg\" alt=\"\" width=\"240\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe-160x200.jpeg 160w\" sizes=\"(max-width: 240px) 100vw, 240px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Supreme Court Justice Sonia Sotomayor has noted the perspective a Latina justice might bring to the bench. \u003ccite>(Steve Petteway/Collection of the Supreme Court of the United States)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It’s been more than a decade since then-President Barack Obama named to the U.S. Supreme Court a New Yorker, Sonia Sotomayor, who had famously — and controversially — said at a \u003ca href=\"https://www.npr.org/sections/thetwo-way/2009/05/sotomayors_wise_latina_line_ma.html\" target=\"_blank\" rel=\"noopener noreferrer\">UC Berkeley symposium\u003c/a>: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”\u003c/p>\n\u003cp>Several studies have attempted to tease out the \u003ca href=\"https://www.annualreviews.org/doi/full/10.1146/annurev-polisci-051617-090650\" target=\"_blank\" rel=\"noopener noreferrer\">link between a judge’s race or ethnicity and that judge’s rulings and sentencing behavior\u003c/a>. The reported results have been \u003ca href=\"https://journals.sagepub.com/doi/abs/10.1177/1532673X19867052?journalCode=aprb&\" target=\"_blank\" rel=\"noopener noreferrer\">mixed\u003c/a> — perhaps reflecting the interplay of a variety of factors that correlate to race and ethnicity, including political ideology.\u003c/p>\n\u003cp>\u003ca href=\"https://politicalscience.yale.edu/people/allison-harris\" target=\"_blank\" rel=\"noopener noreferrer\">Yale University professor Allison Harris’\u003c/a> research into Chicago’s Cook County found that having Black judges around made white judges more fair and led to sentencing equity for Black and white defendants. Among her conclusions: “increasing the number of judges who look like the majority of defendants could reduce those defendants’ likelihood of being imprisoned.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>A study published by the American Bar Foundation found that \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">having a diverse bench can also affect judicial outcomes\u003c/a>: Researchers discovered that white judges dismissed 61% of federal cases in which employees alleged workplace discrimination, while judges of color dismissed a dramatically lower 38%. White judges also were particularly more likely to dismiss cases involving minority plaintiffs than those involving white plaintiffs. [pullquote size=\"medium\" align=\"right\" citation=\"Felicia Espinosa, Advocacy Director For Root & Rebound\"]'It is ... intimidating. It is infuriating. It is not shocking.”[/pullquote]\u003c/p>\n\u003cp>“We want to think of the law as kind of interchangeable and they just apply the law to the facts, but that’s not what all judges are doing,” said \u003ca href=\"https://sociology.northwestern.edu/people/faculty/core/laura-beth-nielsen.html#:~:text=Professor%20Nielsen's%20research%20focuses%20on,race%2C%20gender%2C%20and%20class.\" target=\"_blank\" rel=\"noopener noreferrer\">Northwestern University Law professor Laura Beth Nielsen,\u003c/a> who conducted the research.\u003c/p>\n\u003cp>In another \u003ca href=\"https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1691&context=facpub\" target=\"_blank\" rel=\"noopener noreferrer\">Cornell Law School study of implicit bias among trial court judges\u003c/a>, researchers presented several hypothetical cases and found that judges, like most people, have implicit biases that can affect their judgement. The study also found that judges can suppress those unconscious biases.\u003c/p>\n\u003cp>What may be research fodder for academics is palpable for attorneys, plaintiffs and defendants when they walk into a courtroom.\u003c/p>\n\u003cp>“It is…intimidating. It is infuriating. It is not shocking,” said Felicia Espinosa, describing what it feels like to be the only Latina attorney in court. She works in Fresno, where she’s one of \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">roughly 2,200 attorneys in the county\u003c/a> for a population of nearly 1 million, according to data from the California State Bar.\u003c/p>\n\u003cp>“I’m both dealing with my own internal feelings and thinking about my client and how it impacts them,” said Espinosa, advocacy director for \u003ca href=\"https://www.rootandrebound.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Roots and Rebound\u003c/a>, which offers legal aid for people who were once in jail or prison.\u003c/p>\n\u003chr>\n\u003cp>Along the hour drive from Sacramento to Colusa, rows of nut trees and farmland line Lone Star Road leading into town. Dotted with rice fields, almond trees and small farmworker communities, this small county grows about \u003ca href=\"https://www.countyofcolusa.org/DocumentCenter/View/12901/2019-Crop-Report?bidId=\" target=\"_blank\" rel=\"noopener noreferrer\">$1 billion worth of food a year\u003c/a>.\u003c/p>\n\u003cp>The town’s square has the feel of an old Western town with a touch of the plantation. That’s not an exaggeration: The towering courthouse, built in 1861, reflects the county’s heritage from the “ANTE-BELLUM SOUTH AND STATES RIGHTS SYMPATHIES DURING THE CIVIL WAR,” according to \u003ca href=\"https://ohp.parks.ca.gov/ListedResources/Detail/890\" target=\"_blank\" rel=\"noopener noreferrer\">a plaque added to the building\u003c/a> in 1976. It stood in for a Deep South courthouse in the 1962 classic film “To Kill a Mockingbird.”\u003c/p>\n\u003cp>Every week hundreds of people file into the courthouse for traffic court, land titles and the like. A couple of blocks away, outfitted with metal detectors and x-ray machines, the Annex is where many criminal cases are heard.\u003c/p>\n\u003cfigure id=\"attachment_11877195\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877195\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">American flags hang from many of the homes in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From morning to afternoon in these COVID-affected days, dozens of mask-wearing litigants and their supporters wait in small wooden chairs, distanced by more chairs and plastic partitions, for their chance to address the court.\u003c/p>\n\u003cp>Case by case, individuals rise to speak. Often their eyes dart around, looking for the court interpreter who dashes over to translate the legal jargon into Spanish.\u003c/p>\n\u003cp>“¿Podría repetir la pregunta? No entiendo lo que quieres decir,” one defendant implores the judge through interpreter Juanita Ulloa — asking if a question could be repeated because he didn’t understand it.\u003c/p>\n\u003cp>Just beyond Ulloa, photos hang along the wall, marking a time in history when the bench was filled with white men. Things have changed a little since then. \u003ca href=\"https://www.appeal-democrat.com/first-woman-colusa-county-judge-sworn-in/article_1eb0f5bc-be15-5792-8b09-4650fcc6c625.html\" target=\"_blank\" rel=\"noopener noreferrer\">Colusa County welcomed its first woman judge in 2010\u003c/a>, an appointment by then-Gov. Arnold Schwarzenegger. But the bench has not caught up to the county’s demographics.\u003c/p>\n\u003cp>“I’ve always noticed that there were always white judges, white lawyers,” said Jessica Lopez, 32, of Williams, at the Colusa Annex to fight what she termed “a few” pending cases.\u003c/p>\n\u003chr>\n\u003cp>Of course it’s impossible to diversify the bench unless there are qualified Latino attorneys in these areas willing to trade in their briefcases for gavels.\u003c/p>\n\u003cp>In a state where Latinos make up 40% of the population — outnumbering all other groups — only 7% of \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/State-Bar-Annual-Diversity-Report.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California’s practicing attorneys are Latino\u003c/a>.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/f023fcff-fab2-49b8-a570-6442c8076847?src=embed\" title=\"Latino judges in the State Bar\" width=\"550\" height=\"750\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Beyond its metropolitan areas, \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">large swaths of California have too few attorneys to represent their population size\u003c/a>. This has fueled attorney deserts where clients and attorneys have to travel miles and miles for meetings and court proceedings.\u003c/p>\n\u003cp>The State Bar Association data doesn’t break down the number of practicing attorneys in an area by race or ethnicity, making it impossible to pinpoint gaps where lawyers of color — and thus potential judges — are in short supply. Several Latino attorneys would not speak to CalMatters on-the-record because they’re only “a few of us,” said one Latino attorney who often appears in several different counties.\u003c/p>\n\u003cp>“That’s obviously a problem,” said Pruitt, the UC Davis law professor. “It is probably related to the fact that there’s a deficit of attorneys and probably a deficit of Latinx attorneys in those areas. A lot of law students are just not interested in going and working in rural California.”\u003c/p>\n\u003chr>\n\u003cp>It’s around noon when criminal defense attorney Roberto Marquez parks and heads inside a Colusa courtroom, positioning himself in the back and pacing back and forth between his client and the prosecutor.\u003c/p>\n\u003cp>As soon as he finishes addressing the court on behalf of his client, Marquez grabs his things and heads out the door — on to his next stop.\u003c/p>\n\u003cp>“Today, I’m in Colusa County, this morning I was in Yuba, and tomorrow, I’ll be who knows where,” Marquez explains later, his cell phone connection sputtering as he travels the rural roads to his next meeting. For more than 30 years, he has traveled as north as Butte County and as south as Sacramento County defending clients. He says he used to think about becoming a judge, but that now is a distant memory and he no longer feels a desire for judicial robes, having grown to love traveling a wide territory as a criminal defense attorney.\u003c/p>\n\u003cp>He’s also not convinced more Latino judges would affect his cases.\u003c/p>\n\u003cp>“I don’t need (judges) to be Hispanic, white, Brown, Black or whatever,” said Marquez. “I just need them to be smart and follow the law, and I feel like I practice in front of some smart, fair-minded judges.”\u003c/p>\n\u003chr>\n\u003cp>Most Superior Court judges first get the job because the governor appoints them after a sitting judge retires. \u003ca href=\"https://www.courts.ca.gov/documents/California_Judicial_Branch.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">The requirements:\u003c/a> have at least 10 years’ experience practicing law, and submit a formal application.\u003c/p>\n\u003cp>Last year, \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/JNE-Demographics-Report-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">14% of state judicial candidates applicants were Latino\u003c/a>. Deciding to leave practicing for judging is a difficult decision that can take a decade’s worth of planning, and some worry about a lack of Latino attorneys to back-fill them if they become judges.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 600px;\" src=\"https://flo.uri.sh/visualisation/6344486/embed?auto=1\" height=\"600\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>For decades, judicial applicants had to know someone who knew someone to pitch themselves to regional Judicial Selection Advisory Committees, all composed of local attorneys and judges. These committees, the conduit to the governor’s office, have the power to make or break a judicial appointment.\u003c/p>\n\u003cp>The committee members were secret under former governors Arnold Schwarzenegger and Jerry Brown.\u003c/p>\n\u003cp>“It was an obstacle course,” said Judge Juan Ulloa, a judge in Imperial County, who once applied for a judicial appointment. “It was very political, very secret. People were able to make anonymous comments.” [pullquote size=\"medium\" align=\"right\" citation=\"Juan Ulloa, Imperial County Judge\"]'It was an obstacle course. It was very political, very secret.'[/pullquote]\u003c/p>\n\u003cp>However secretive the meetings were, comments about certain women applicants being “too difficult to work with” or applicants of color “not being hardworking and not seeking out challenging court assignments,” made their way around the judicial circles and often back to applicants, said retired Judge Brenda Harbin-Forte, who once spearheaded the state’s efforts to diversify the bench.\u003c/p>\n\u003cp>“I was told, ‘This lawyer says that you’re not qualified because you’re biased against people with money and property holders’,” said Ulloa, who once worked as a legal aid attorney. It didn’t take long, he said, for him to get the message.\u003c/p>\n\u003cp>Then, in 2019, Gov. Gavin Newsom lifted the veil, sharing the names of the state committee members. It didn’t require new laws or executive orders, and for the first time, Californians could see who was helping select \u003ca href=\"https://www.gov.ca.gov/2019/06/26/in-historic-move-for-transparency-governor-newsom-opens-judicial-selection-advisory-committees-to-identify-next-generation-of-california-judges/\" target=\"_blank\" rel=\"noopener noreferrer\">appointed judges\u003c/a>.\u003c/p>\n\u003cp>“The people of our state have little insight on the process by which judges are chosen, it is only fair that the public knows who is helping to select the people who will serve them,” said Newsom, whose own father had been one of the judges appointed by then-Gov. Jerry Brown.\u003c/p>\n\u003cp>The newfound transparency, however, didn’t extend to local bar associations, several of which are contracted with the governor’s office to evaluate judicial candidates. Local bar associations are not required to disclose who is on their evaluation committees.\u003c/p>\n\u003cfigure id=\"attachment_11877194\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877194\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg\" alt=\"The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California, judicial appointments eventually face elections once their terms expire. While California Supreme Court and Courts of Appeal justices serve 12-year terms, Superior Court terms are six years.\u003c/p>\n\u003cp>Although the overwhelming majority of state Superior Court judges are appointed, the state constitution also allows qualified attorneys to run against a Superior Court judge who’s up for election. Absent that rare challenge, Superior Court judges are unopposed and their names do not appear on the ballot.\u003c/p>\n\u003cp>In the four counties that have no Latino judges, former Democratic Gov. Brown appointed a total of seven judges during his second tenure. Just one was a person of color.\u003c/p>\n\u003cp>Yet statewide, Brown made greater strides, with \u003ca href=\"https://web.archive.org/web/20190327212457/https://www.ca.gov/archive/gov39/2019/01/03/governor-brown-swears-in-justice-groban-to-california-supreme-court-releases-judicial-appointment-data/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">16% of his appointments being Latinos\u003c/a>. So far, \u003ca href=\"https://www.gov.ca.gov/2021/03/01/governor-newsom-releases-2020-judicial-appointment-data/\" target=\"_blank\" rel=\"noopener noreferrer\">18% of Newsom’s judicial appointments\u003c/a> have gone to Latinos. 11% of former \u003ca href=\"https://www.courts.ca.gov/partners/documents/gov-2010appdata.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Gov. Arnold Schwarzenegger’s appointees were Latinos\u003c/a>.\u003c/p>\n\u003cp>Because challenges can happen, governors have to consider whether their appointees can withstand one.\u003c/p>\n\u003cp>After being appointed by Brown in 2018, Judge Monique Langhorne, a Black woman, faced an opponent in last year’s election — the first challenge to a sitting Napa County judge in three decades. “I’d never run in an election. None of the sitting judges here had ever run in an election, and I didn’t know who I could lean on to learn what to do,” she told the Napa Valley Register. \u003ca href=\"https://napavalleyregister.com/news/local/monique-langhorne-wins-napa-county-s-first-election-for-judge-s-seat-since-1980s/article_6426a270-f15b-5a64-a191-fe0dec9eb699.html\" target=\"_blank\" rel=\"noopener noreferrer\">She retained her judgeship\u003c/a>.\u003c/p>\n\u003cp>However uncommon, judges become politicians when they face a challenge — seeking campaign donations and votes.\u003c/p>\n\u003cp>And while a governor may make diversity a tenet for judicial appointments, local voters may have different priorities.\u003c/p>\n\u003cp>As researchers and politicians iron out what diversity on the courts mean and how the state should get there, residents who appear before judges are often left shrugging their shoulders.\u003c/p>\n\u003cp>“That’s just the way it is. I’ve been in the court system since I was 16, and they’ve all been white,” said a 28-year-old Latino before he gets into his black pickup and drives away from the Colusa courthouse.\u003c/p>\n\u003cp>“I’ve only seen a Latino judge on TV.”\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Graphics by Liliana Michelena\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "While four mostly Latino counties lack any Latino Superior Court judges, another 13 counties have a more than 30 point gap between the percentage of Latinos in the population and on the bench. Here’s what that means.",
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"description": "While four mostly Latino counties lack any Latino Superior Court judges, another 13 counties have a more than 30 point gap between the percentage of Latinos in the population and on the bench. Here’s what that means.",
"title": "In Absentia: Zero Latino Judges in These Majority-Latino California Counties | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Outside the Colusa County Courthouse Annex, 21-year-old Lorenzo Acosta takes a few puffs from his vape cartridge to calm himself before walking into court to support a friend.\u003c/p>\n\u003cp>Acosta acknowledges he’s been “in the system,” so he knows how it all works here. He knows the police, the public defenders, the judge who, he says, hands out extended lectures. But Acosta has never before realized one of the most glaring facts about the local bench of judges who help determine people’s punishments:\u003c/p>\n\u003cp>In Colusa County, \u003ca href=\"https://www.census.gov/quickfacts/fact/table/colusacountycalifornia/PST045219\" target=\"_blank\" rel=\"noopener noreferrer\">where 60% of the population is Latino\u003c/a>, both of the Superior Court judges — who handle everything from disorderly conduct to murder trials — are white.\u003c/p>\n\u003cp>His eyes widen. “That’s crazy, for real? Deadass?” he asks. Then he slowly shakes his head. “Actually, thinking about it now, I’ve only seen white judges.”\u003c/p>\n\u003cp>Coulsa is one of four \u003ca href=\"https://www.census.gov/quickfacts/fact/table/mercedcountycalifornia,maderacountycalifornia,kingscountycalifornia,colusacountycalifornia/RHI725219\" target=\"_blank\" rel=\"noopener noreferrer\">majority-Latino California counties\u003c/a> — along with Kings, Madera, and Merced — with no Latino judges in any superior courtrooms. Latino representation on the bench in three of those counties has not improved much since the state began collecting judicial diversity data 14 years ago. And the fourth, Kings — which had one Latino judge in 2007 — is back down to zero.\u003c/p>\n\u003cfigure id=\"attachment_11877169\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877169\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg\" alt=\"\" width=\"800\" height=\"567\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-800x567.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-1020x723.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01-160x113.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_01.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">'Actually, thinking about it now, I’ve only seen white judges,' says Lorenzo Acosta. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I wouldn’t have expected it to be that bad,” said Lisa Pruitt, a law professor at the University of California, Davis who helped with the state’s research on attorney access in rural California.\u003c/p>\n\u003cp>In 13 other California counties, there’s a gap of 30 percentage points or more between the percentage of Latinos in the population and the percentage of Latino judges. The gaps tend to be greatest in the Central Valley, but also include counties such as Los Angeles, Monterey and San Bernardino.\u003c/p>\n\u003cp>For years, the focus on fairness and equity within the criminal justice system has been \u003ca href=\"https://calmatters.org/justice/2019/08/californias-new-police-law-explained/\" target=\"_blank\" rel=\"noopener noreferrer\">on policing\u003c/a>, with far less scrutiny to the component of the justice system that wields vast power over attorneys, defendants and how cases are viewed by juries.\u003c/p>\n\u003cp>Judges “often set rules for how the courts across the state or across the county will decide certain cases or how they’ll treat parties before them,” said Douglas Keith, an attorney for the Brennan Center for Justice, a progressive think tank on law and policy. “Who sits on these benches can have a significant impact.”\u003c/p>\n\u003cp>In California, \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">bench representation\u003c/a> is worse for Latinos than any other racial group.\u003c/p>\n\u003cp>And such disparities can have effects that ripple through individual lives and entire communities. \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Research indicates\u003c/a> that racially diverse judges and women judges tend to assess certain cases differently, on average, from their white and male counterparts.\u003c/p>\n\u003cp>And while roughly 60% of white and Asian-Americans felt \u003ca href=\"https://www.courts.ca.gov/documents/4_37pubtrust1.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California county courts\u003c/a> were fair over half the time, only about 40% of Latinos felt the same, according to a study commissioned by the California Judicial Council.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 1050px;\" src=\"https://flo.uri.sh/visualisation/6368028/embed?auto=1\" height=\"1050\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>How has this situation persisted in some California counties? One clear factor is a lack of practicing Latino attorneys in the area — the pool from which judicial appointments are drawn. Others cite the appointments process itself — blaming a good ‘ole boy appointments system that, until recently, was shrouded in secrecy.\u003c/p>\n\u003cp>Regardless, years of planning and programs aimed at \u003ca href=\"https://calmatters.org/justice/2021/03/california-judges-diversity-gaps/\" target=\"_blank\" rel=\"noopener noreferrer\">diversifying the bench\u003c/a> have yielded exceptional results in some counties, decent results in others, and whites-only benches in a few.\u003c/p>\n\u003cp>There are roughly 1,600 superior court judges throughout California. The State Bar, the Hispanic Bar Association and the California Association of Black Lawyers have sounded the alarm about a lack of \u003ca href=\"http://calbar.ca.gov/Portals/0/documents/caf/2006_Diversity-Pipeline-Report.pdf?ver=2017-05-19-133238-773\" target=\"_blank\" rel=\"noopener noreferrer\">diversity on the bench\u003c/a> for years.\u003c/p>\n\u003cp>Since the \u003ca href=\"https://www.courts.ca.gov/13418.htm\" target=\"_blank\" rel=\"noopener noreferrer\">state began releasing judicial diversity data\u003c/a> in 2007, the number of Latino trial court judges, statewide, \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">has nearly doubled\u003c/a>, going from 96 to 184. Although the percentage of white judges has dropped a bit, they still make up \u003ca href=\"https://www.courts.ca.gov/documents/2021-JO-Demographic-Data.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">more than 60% of all trial court judges in California\u003c/a>, as they did 14 years ago.\u003c/p>\n\u003cp>While adding people from different backgrounds and life experiences can lead to litigants feeling more trustful of the judicial system, it’s not the only reason diversity is important.\u003c/p>\n\u003cfigure id=\"attachment_11877228\" class=\"wp-caption alignleft\" style=\"max-width: 240px\">\u003cimg class=\"size-full wp-image-11877228\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg\" alt=\"\" width=\"240\" height=\"300\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/1024px-Sonia_Sotomayor_in_SCOTUS_robe-160x200.jpeg 160w\" sizes=\"(max-width: 240px) 100vw, 240px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Supreme Court Justice Sonia Sotomayor has noted the perspective a Latina justice might bring to the bench. \u003ccite>(Steve Petteway/Collection of the Supreme Court of the United States)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It’s been more than a decade since then-President Barack Obama named to the U.S. Supreme Court a New Yorker, Sonia Sotomayor, who had famously — and controversially — said at a \u003ca href=\"https://www.npr.org/sections/thetwo-way/2009/05/sotomayors_wise_latina_line_ma.html\" target=\"_blank\" rel=\"noopener noreferrer\">UC Berkeley symposium\u003c/a>: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”\u003c/p>\n\u003cp>Several studies have attempted to tease out the \u003ca href=\"https://www.annualreviews.org/doi/full/10.1146/annurev-polisci-051617-090650\" target=\"_blank\" rel=\"noopener noreferrer\">link between a judge’s race or ethnicity and that judge’s rulings and sentencing behavior\u003c/a>. The reported results have been \u003ca href=\"https://journals.sagepub.com/doi/abs/10.1177/1532673X19867052?journalCode=aprb&\" target=\"_blank\" rel=\"noopener noreferrer\">mixed\u003c/a> — perhaps reflecting the interplay of a variety of factors that correlate to race and ethnicity, including political ideology.\u003c/p>\n\u003cp>\u003ca href=\"https://politicalscience.yale.edu/people/allison-harris\" target=\"_blank\" rel=\"noopener noreferrer\">Yale University professor Allison Harris’\u003c/a> research into Chicago’s Cook County found that having Black judges around made white judges more fair and led to sentencing equity for Black and white defendants. Among her conclusions: “increasing the number of judges who look like the majority of defendants could reduce those defendants’ likelihood of being imprisoned.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A study published by the American Bar Foundation found that \u003ca href=\"http://www.americanbarfoundation.org/uploads/cms/documents/weinberg_nielsen_-_examining_empathy.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">having a diverse bench can also affect judicial outcomes\u003c/a>: Researchers discovered that white judges dismissed 61% of federal cases in which employees alleged workplace discrimination, while judges of color dismissed a dramatically lower 38%. White judges also were particularly more likely to dismiss cases involving minority plaintiffs than those involving white plaintiffs. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We want to think of the law as kind of interchangeable and they just apply the law to the facts, but that’s not what all judges are doing,” said \u003ca href=\"https://sociology.northwestern.edu/people/faculty/core/laura-beth-nielsen.html#:~:text=Professor%20Nielsen's%20research%20focuses%20on,race%2C%20gender%2C%20and%20class.\" target=\"_blank\" rel=\"noopener noreferrer\">Northwestern University Law professor Laura Beth Nielsen,\u003c/a> who conducted the research.\u003c/p>\n\u003cp>In another \u003ca href=\"https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1691&context=facpub\" target=\"_blank\" rel=\"noopener noreferrer\">Cornell Law School study of implicit bias among trial court judges\u003c/a>, researchers presented several hypothetical cases and found that judges, like most people, have implicit biases that can affect their judgement. The study also found that judges can suppress those unconscious biases.\u003c/p>\n\u003cp>What may be research fodder for academics is palpable for attorneys, plaintiffs and defendants when they walk into a courtroom.\u003c/p>\n\u003cp>“It is…intimidating. It is infuriating. It is not shocking,” said Felicia Espinosa, describing what it feels like to be the only Latina attorney in court. She works in Fresno, where she’s one of \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">roughly 2,200 attorneys in the county\u003c/a> for a population of nearly 1 million, according to data from the California State Bar.\u003c/p>\n\u003cp>“I’m both dealing with my own internal feelings and thinking about my client and how it impacts them,” said Espinosa, advocacy director for \u003ca href=\"https://www.rootandrebound.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Roots and Rebound\u003c/a>, which offers legal aid for people who were once in jail or prison.\u003c/p>\n\u003chr>\n\u003cp>Along the hour drive from Sacramento to Colusa, rows of nut trees and farmland line Lone Star Road leading into town. Dotted with rice fields, almond trees and small farmworker communities, this small county grows about \u003ca href=\"https://www.countyofcolusa.org/DocumentCenter/View/12901/2019-Crop-Report?bidId=\" target=\"_blank\" rel=\"noopener noreferrer\">$1 billion worth of food a year\u003c/a>.\u003c/p>\n\u003cp>The town’s square has the feel of an old Western town with a touch of the plantation. That’s not an exaggeration: The towering courthouse, built in 1861, reflects the county’s heritage from the “ANTE-BELLUM SOUTH AND STATES RIGHTS SYMPATHIES DURING THE CIVIL WAR,” according to \u003ca href=\"https://ohp.parks.ca.gov/ListedResources/Detail/890\" target=\"_blank\" rel=\"noopener noreferrer\">a plaque added to the building\u003c/a> in 1976. It stood in for a Deep South courthouse in the 1962 classic film “To Kill a Mockingbird.”\u003c/p>\n\u003cp>Every week hundreds of people file into the courthouse for traffic court, land titles and the like. A couple of blocks away, outfitted with metal detectors and x-ray machines, the Annex is where many criminal cases are heard.\u003c/p>\n\u003cfigure id=\"attachment_11877195\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877195\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_08.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">American flags hang from many of the homes in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From morning to afternoon in these COVID-affected days, dozens of mask-wearing litigants and their supporters wait in small wooden chairs, distanced by more chairs and plastic partitions, for their chance to address the court.\u003c/p>\n\u003cp>Case by case, individuals rise to speak. Often their eyes dart around, looking for the court interpreter who dashes over to translate the legal jargon into Spanish.\u003c/p>\n\u003cp>“¿Podría repetir la pregunta? No entiendo lo que quieres decir,” one defendant implores the judge through interpreter Juanita Ulloa — asking if a question could be repeated because he didn’t understand it.\u003c/p>\n\u003cp>Just beyond Ulloa, photos hang along the wall, marking a time in history when the bench was filled with white men. Things have changed a little since then. \u003ca href=\"https://www.appeal-democrat.com/first-woman-colusa-county-judge-sworn-in/article_1eb0f5bc-be15-5792-8b09-4650fcc6c625.html\" target=\"_blank\" rel=\"noopener noreferrer\">Colusa County welcomed its first woman judge in 2010\u003c/a>, an appointment by then-Gov. Arnold Schwarzenegger. But the bench has not caught up to the county’s demographics.\u003c/p>\n\u003cp>“I’ve always noticed that there were always white judges, white lawyers,” said Jessica Lopez, 32, of Williams, at the Colusa Annex to fight what she termed “a few” pending cases.\u003c/p>\n\u003chr>\n\u003cp>Of course it’s impossible to diversify the bench unless there are qualified Latino attorneys in these areas willing to trade in their briefcases for gavels.\u003c/p>\n\u003cp>In a state where Latinos make up 40% of the population — outnumbering all other groups — only 7% of \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/State-Bar-Annual-Diversity-Report.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">California’s practicing attorneys are Latino\u003c/a>.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/f023fcff-fab2-49b8-a570-6442c8076847?src=embed\" title=\"Latino judges in the State Bar\" width=\"550\" height=\"750\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Beyond its metropolitan areas, \u003ca href=\"https://www.calbar.ca.gov/Portals/0/documents/accessJustice/Attorney-Desert-Policy-Brief.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">large swaths of California have too few attorneys to represent their population size\u003c/a>. This has fueled attorney deserts where clients and attorneys have to travel miles and miles for meetings and court proceedings.\u003c/p>\n\u003cp>The State Bar Association data doesn’t break down the number of practicing attorneys in an area by race or ethnicity, making it impossible to pinpoint gaps where lawyers of color — and thus potential judges — are in short supply. Several Latino attorneys would not speak to CalMatters on-the-record because they’re only “a few of us,” said one Latino attorney who often appears in several different counties.\u003c/p>\n\u003cp>“That’s obviously a problem,” said Pruitt, the UC Davis law professor. “It is probably related to the fact that there’s a deficit of attorneys and probably a deficit of Latinx attorneys in those areas. A lot of law students are just not interested in going and working in rural California.”\u003c/p>\n\u003chr>\n\u003cp>It’s around noon when criminal defense attorney Roberto Marquez parks and heads inside a Colusa courtroom, positioning himself in the back and pacing back and forth between his client and the prosecutor.\u003c/p>\n\u003cp>As soon as he finishes addressing the court on behalf of his client, Marquez grabs his things and heads out the door — on to his next stop.\u003c/p>\n\u003cp>“Today, I’m in Colusa County, this morning I was in Yuba, and tomorrow, I’ll be who knows where,” Marquez explains later, his cell phone connection sputtering as he travels the rural roads to his next meeting. For more than 30 years, he has traveled as north as Butte County and as south as Sacramento County defending clients. He says he used to think about becoming a judge, but that now is a distant memory and he no longer feels a desire for judicial robes, having grown to love traveling a wide territory as a criminal defense attorney.\u003c/p>\n\u003cp>He’s also not convinced more Latino judges would affect his cases.\u003c/p>\n\u003cp>“I don’t need (judges) to be Hispanic, white, Brown, Black or whatever,” said Marquez. “I just need them to be smart and follow the law, and I feel like I practice in front of some smart, fair-minded judges.”\u003c/p>\n\u003chr>\n\u003cp>Most Superior Court judges first get the job because the governor appoints them after a sitting judge retires. \u003ca href=\"https://www.courts.ca.gov/documents/California_Judicial_Branch.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">The requirements:\u003c/a> have at least 10 years’ experience practicing law, and submit a formal application.\u003c/p>\n\u003cp>Last year, \u003ca href=\"http://www.calbar.ca.gov/Portals/0/documents/reports/JNE-Demographics-Report-2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">14% of state judicial candidates applicants were Latino\u003c/a>. Deciding to leave practicing for judging is a difficult decision that can take a decade’s worth of planning, and some worry about a lack of Latino attorneys to back-fill them if they become judges.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe scrolling=\"no\" frameborder=\"0\" title=\"Interactive or visual content\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" style=\"width: 100%; height: 600px;\" src=\"https://flo.uri.sh/visualisation/6344486/embed?auto=1\" height=\"600\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>For decades, judicial applicants had to know someone who knew someone to pitch themselves to regional Judicial Selection Advisory Committees, all composed of local attorneys and judges. These committees, the conduit to the governor’s office, have the power to make or break a judicial appointment.\u003c/p>\n\u003cp>The committee members were secret under former governors Arnold Schwarzenegger and Jerry Brown.\u003c/p>\n\u003cp>“It was an obstacle course,” said Judge Juan Ulloa, a judge in Imperial County, who once applied for a judicial appointment. “It was very political, very secret. People were able to make anonymous comments.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However secretive the meetings were, comments about certain women applicants being “too difficult to work with” or applicants of color “not being hardworking and not seeking out challenging court assignments,” made their way around the judicial circles and often back to applicants, said retired Judge Brenda Harbin-Forte, who once spearheaded the state’s efforts to diversify the bench.\u003c/p>\n\u003cp>“I was told, ‘This lawyer says that you’re not qualified because you’re biased against people with money and property holders’,” said Ulloa, who once worked as a legal aid attorney. It didn’t take long, he said, for him to get the message.\u003c/p>\n\u003cp>Then, in 2019, Gov. Gavin Newsom lifted the veil, sharing the names of the state committee members. It didn’t require new laws or executive orders, and for the first time, Californians could see who was helping select \u003ca href=\"https://www.gov.ca.gov/2019/06/26/in-historic-move-for-transparency-governor-newsom-opens-judicial-selection-advisory-committees-to-identify-next-generation-of-california-judges/\" target=\"_blank\" rel=\"noopener noreferrer\">appointed judges\u003c/a>.\u003c/p>\n\u003cp>“The people of our state have little insight on the process by which judges are chosen, it is only fair that the public knows who is helping to select the people who will serve them,” said Newsom, whose own father had been one of the judges appointed by then-Gov. Jerry Brown.\u003c/p>\n\u003cp>The newfound transparency, however, didn’t extend to local bar associations, several of which are contracted with the governor’s office to evaluate judicial candidates. Local bar associations are not required to disclose who is on their evaluation committees.\u003c/p>\n\u003cfigure id=\"attachment_11877194\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11877194\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg\" alt=\"The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-1020x679.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/052721_Colusa_AW_sized_16.jpeg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Burchfield primary school marquee written in Spanish and English informing parents to call the school office to make a kindergarten entrance exam appointment in Colusa. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In California, judicial appointments eventually face elections once their terms expire. While California Supreme Court and Courts of Appeal justices serve 12-year terms, Superior Court terms are six years.\u003c/p>\n\u003cp>Although the overwhelming majority of state Superior Court judges are appointed, the state constitution also allows qualified attorneys to run against a Superior Court judge who’s up for election. Absent that rare challenge, Superior Court judges are unopposed and their names do not appear on the ballot.\u003c/p>\n\u003cp>In the four counties that have no Latino judges, former Democratic Gov. Brown appointed a total of seven judges during his second tenure. Just one was a person of color.\u003c/p>\n\u003cp>Yet statewide, Brown made greater strides, with \u003ca href=\"https://web.archive.org/web/20190327212457/https://www.ca.gov/archive/gov39/2019/01/03/governor-brown-swears-in-justice-groban-to-california-supreme-court-releases-judicial-appointment-data/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">16% of his appointments being Latinos\u003c/a>. So far, \u003ca href=\"https://www.gov.ca.gov/2021/03/01/governor-newsom-releases-2020-judicial-appointment-data/\" target=\"_blank\" rel=\"noopener noreferrer\">18% of Newsom’s judicial appointments\u003c/a> have gone to Latinos. 11% of former \u003ca href=\"https://www.courts.ca.gov/partners/documents/gov-2010appdata.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Gov. Arnold Schwarzenegger’s appointees were Latinos\u003c/a>.\u003c/p>\n\u003cp>Because challenges can happen, governors have to consider whether their appointees can withstand one.\u003c/p>\n\u003cp>After being appointed by Brown in 2018, Judge Monique Langhorne, a Black woman, faced an opponent in last year’s election — the first challenge to a sitting Napa County judge in three decades. “I’d never run in an election. None of the sitting judges here had ever run in an election, and I didn’t know who I could lean on to learn what to do,” she told the Napa Valley Register. \u003ca href=\"https://napavalleyregister.com/news/local/monique-langhorne-wins-napa-county-s-first-election-for-judge-s-seat-since-1980s/article_6426a270-f15b-5a64-a191-fe0dec9eb699.html\" target=\"_blank\" rel=\"noopener noreferrer\">She retained her judgeship\u003c/a>.\u003c/p>\n\u003cp>However uncommon, judges become politicians when they face a challenge — seeking campaign donations and votes.\u003c/p>\n\u003cp>And while a governor may make diversity a tenet for judicial appointments, local voters may have different priorities.\u003c/p>\n\u003cp>As researchers and politicians iron out what diversity on the courts mean and how the state should get there, residents who appear before judges are often left shrugging their shoulders.\u003c/p>\n\u003cp>“That’s just the way it is. I’ve been in the court system since I was 16, and they’ve all been white,” said a 28-year-old Latino before he gets into his black pickup and drives away from the Colusa courthouse.\u003c/p>\n\u003cp>“I’ve only seen a Latino judge on TV.”\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Graphics by Liliana Michelena\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"id": "fresh-air",
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"hidden-brain": {
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"airtime": "SUN 7:30pm-8pm",
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"hyphenacion": {
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"jerrybrown": {
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
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"order": 18
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},
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"title": "Latino USA",
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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},
"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",
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"source": "American Public Media"
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"rss": "https://rss.art19.com/masters-of-scale"
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},
"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>",
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"meta": {
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"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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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",
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"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",
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"officialWebsiteLink": "/podcasts/onourwatch",
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"order": 11
},
"link": "/podcasts/onourwatch",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"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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},
"link": "/radio/program/on-the-media",
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"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
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},
"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
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},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
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"officialWebsiteLink": "/perspectives/",
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"order": 14
},
"link": "/perspectives",
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"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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"meta": {
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},
"link": "/radio/program/planet-money",
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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