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"content": "\u003cp>This is a story about Los Angeles — but to fully understand it, let’s start halfway across the country, in Chicago, where Kim Foxx was elected the top prosecutor five years ago.\u003c/p>\n\u003cp>When Foxx won the Cook County, Illinois, district attorney post in 2016, her progressive platform was still unusual in a country that had long embraced incarceration as the answer to crime.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"George Gascón, Los Angeles County district attorney\"]‘I developed the opinion that trying to do a gradual rollout would probably create more confusion. And it would be harder than just simply putting it all out there.’[/pullquote]\u003c/p>\n\u003cp>So she moved slowly — first surveying prosecutors for anonymous feedback about what gaps they saw in how they did the work; then inviting them to focus groups to drill down more on possible changes to office practices. When she started rolling out policies aimed at reducing incarceration, she largely did so one at a time.\u003c/p>\n\u003cp>Over the last four years, Foxx has faced her share of opposition from tough-on-crime supporters — but says she benefited from one other thing: timing.\u003c/p>\n\u003cp>“I think when I came in 2016, it was a novelty almost to have someone coming in and talking about criminal justice reform as a prosecutor,” she said. “And then you saw momentum building across the country. … And there was a deliberate effort, I believe, on the right to kind of villainize what this work looks like, to villainize the progressive prosecutor being, you know, antithetical to law enforcement.”\u003c/p>\n\u003cp>Four years later, Foxx is far from the only so-called “progressive prosecutor” running a large, urban DA’s office — voters in San Francisco, Philadelphia, Boston and a number of other large cities have also embraced the promise of reform.\u003c/p>\n\u003cp>This fall, that change also came to Los Angeles County, which boasts the largest local prosecutor’s office in the nation, a massive bureaucracy that covers 4,000 square miles and includes 1,000 lawyers and 38 courthouses.\u003c/p>\n\u003cp>George Gascón, a former San Francisco police chief and district attorney, survived a bruising battle with his tough-on-crime predecessor to \u003ca href=\"https://www.latimes.com/california/story/2020-11-06/george-gascon-la-district-attorney-race-jackie-lacey-concede\">win his position\u003c/a> running the massive LA office — and unlike Foxx, he moved to make changes at warp speed: He’d barely been sworn in last December when \u003ca href=\"https://www.npr.org/2020/12/08/944396495/george-gascon-implements-sweeping-changes-to-los-angeles-district-attorneys-offi\">he issued a set of directives\u003c/a> aimed at reducing prison sentences and focusing more on rehabilitation.\u003c/p>\n\u003cp>Those directives barred prosecutors in Los Angeles from seeking the death penalty, trying juveniles as adults and filing most sentencing enhancements, including those sanctioned under the state’s three strike laws. The changes also eliminated cash bail in the massive county.\u003c/p>\n\u003cp>Gascón said there was no time to waste and that he was simply instituting the changes he campaigned on.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"george-gascon\"]“I developed the opinion that trying to do a gradual rollout would probably create more confusion. And it would be harder than just simply putting it all out there and working from there,” he said. “And that was the reason for the rollout from day one. It was really a combination of my commitment to the voters and doing what I said that I was going to do and ensuring that we put it all [out there] and worked through it at the same time.”\u003c/p>\n\u003cp>The resistance from anti-reform prosecutors was swift as well — both in and outside Gascón’s office. They joined forces to challenge some of those new policies, and in February, a judge agreed to put some of the changes on hold. Gascón said he is appealing; it’s a case widely expected to reach the state’s Supreme Court.\u003c/p>\n\u003cp>Chicago’s Foxx said the swift pushback is a far cry from what she faced as a newly elected DA — and shows how the past four years have given those opposed to reform time to regroup, and come out swinging.\u003c/p>\n\u003cp>“I’m very surprised about how forceful the opposition is,” Foxx said of Gascón’s experience. “He gets sworn in on a Monday. Monday night, he’s got his deputies on television saying that they’re not going to do what he says.”\u003c/p>\n\u003cp>Prosecutors in Gascón office said their opposition wasn’t just about the policies.\u003c/p>\n\u003cp>“Those were kind of given to his deputies without any type of consultation, without any type of warning, without any type of introduction,” said Eric Siddall, vice president of the union representing deputy district attorneys in Los Angeles. “It was not done in that collaborative process. There was no dialog whatsoever.”\u003c/p>\n\u003cp>Not only were prosecutors not consulted, Siddall said, defense attorneys and the media seemed to receive the new directives at the same time they did.\u003c/p>\n\u003cp>But it wasn’t just the process — the prosecutors union opposes the policies on the merits as well. In a lawsuit filed less than a month after Gascón took office, they challenged the ban on enhancements, a commonly used prosecutor’s tool that can add years to someone’s sentence on top of a base term.\u003c/p>\n\u003cp>[ad fullwidth]\u003cbr>\nSiddall said the union isn’t trying to stymie every policy its members oppose, and that the lawsuit was narrowly crafted to challenge only the new directives that union members believe are illegal — and, when carried out, force its members to ignore their oath of office.\u003c/p>\n\u003cp>He contends that Gascón is ignoring the law and abusing the long-standing notion of prosecutorial discretion — the power DAs hold to decide whether to charge someone with a crime, and what charges to file.\u003c/p>\n\u003cp>“Prosecutorial discretion doesn’t mean you get to do whatever you want. It means you have to work within the bounds of the law,” said Siddall. “We’re actually not contesting Mr. Gascón’s ability to implement public policy. And if his public policy is geared around the rights of defendants and ignoring the rights of victims, that’s his prerogative. What we’re contesting is very limited parts of his directives … that are asking us to ignore what the law is.”\u003c/p>\n\u003cp>But it’s clear that Gascón’s move to dramatically change how criminal justice is carried out in the most populous county in California is seen as threatening to prosecutors beyond LA’s borders.\u003c/p>\n\u003cp>The California District Attorneys Association, the statewide group representing both elected district attorneys and line prosecutors, took the extraordinary step of joining the lawsuit against Gascón. In the past, the association has disagreed with reform-minded prosecutors like Gascón, but never challenged them in court.\u003c/p>\n\u003cp>“In our view, it’s not just the difference in policies. It’s as though he thinks, and the people he surrounded himself with think, that he has been elected or anointed king of the LA County criminal court system,” said El Dorado County District Attorney Vern Pierson, who is the association’s president.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Vern Pierson, president of the California District Attorneys Association\"]‘It’s as though he thinks, and the people he surrounded himself with think, that he has been elected or anointed king of the LA County criminal court system.’[/pullquote]Pierson said Gascón can’t just ignore laws he doesn’t like, and that prosecutorial discretion doesn’t extend to blanket policies like the ones issued in LA. He argued district attorneys have to look at cases individually and decide what’s best in that circumstance.\u003c/p>\n\u003cp>“Over the last however many years, we’ve always advocated that the elected DA has a broad discretion to implement … different policies in San Francisco versus El Dorado County. We’ve always advocated for that, but we recognize there’s limits to it,” he said.\u003c/p>\n\u003cp>Supporters of Gascón find this argument — that he doesn’t have the discretion to broadly decide how harshly to charge cases — pretty hypocritical, considering how carefully DAs have guarded prosecutorial discretion in the past.\u003c/p>\n\u003cp>“Almost no one — and certainly none of the folks attacking George from the right — ever raised concerns about prosecutorial discretion when prosecutors were seeking to send people to prison for life for stealing a pizza,” said San Francisco District Attorney Chesa Boudin, another recently elected progressive.\u003c/p>\n\u003cp>Boudin contends that tough-on-crime prosecutors are happy to fall back on discretion when it gives them the chance to throw the book at someone.\u003c/p>\n\u003cp>“We only see those concerns being raised — not just in Los Angeles, but across the country — as an effort to undo and undermine widely popular reforms that have empirical support and that are aimed specifically at addressing a very well-understood and well-documented history of racial bias and racial discrimination within the criminal justice system,” he said.\u003c/p>\n\u003cp>Boudin and Kim Foxx, the Chicago prosecutor, said they believe what happens in Los Angeles could have wide-ranging implications for not just California, but the future of criminal justice reform across the nation.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So she moved slowly — first surveying prosecutors for anonymous feedback about what gaps they saw in how they did the work; then inviting them to focus groups to drill down more on possible changes to office practices. When she started rolling out policies aimed at reducing incarceration, she largely did so one at a time.\u003c/p>\n\u003cp>Over the last four years, Foxx has faced her share of opposition from tough-on-crime supporters — but says she benefited from one other thing: timing.\u003c/p>\n\u003cp>“I think when I came in 2016, it was a novelty almost to have someone coming in and talking about criminal justice reform as a prosecutor,” she said. “And then you saw momentum building across the country. … And there was a deliberate effort, I believe, on the right to kind of villainize what this work looks like, to villainize the progressive prosecutor being, you know, antithetical to law enforcement.”\u003c/p>\n\u003cp>Four years later, Foxx is far from the only so-called “progressive prosecutor” running a large, urban DA’s office — voters in San Francisco, Philadelphia, Boston and a number of other large cities have also embraced the promise of reform.\u003c/p>\n\u003cp>This fall, that change also came to Los Angeles County, which boasts the largest local prosecutor’s office in the nation, a massive bureaucracy that covers 4,000 square miles and includes 1,000 lawyers and 38 courthouses.\u003c/p>\n\u003cp>George Gascón, a former San Francisco police chief and district attorney, survived a bruising battle with his tough-on-crime predecessor to \u003ca href=\"https://www.latimes.com/california/story/2020-11-06/george-gascon-la-district-attorney-race-jackie-lacey-concede\">win his position\u003c/a> running the massive LA office — and unlike Foxx, he moved to make changes at warp speed: He’d barely been sworn in last December when \u003ca href=\"https://www.npr.org/2020/12/08/944396495/george-gascon-implements-sweeping-changes-to-los-angeles-district-attorneys-offi\">he issued a set of directives\u003c/a> aimed at reducing prison sentences and focusing more on rehabilitation.\u003c/p>\n\u003cp>Those directives barred prosecutors in Los Angeles from seeking the death penalty, trying juveniles as adults and filing most sentencing enhancements, including those sanctioned under the state’s three strike laws. The changes also eliminated cash bail in the massive county.\u003c/p>\n\u003cp>Gascón said there was no time to waste and that he was simply instituting the changes he campaigned on.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I developed the opinion that trying to do a gradual rollout would probably create more confusion. And it would be harder than just simply putting it all out there and working from there,” he said. “And that was the reason for the rollout from day one. It was really a combination of my commitment to the voters and doing what I said that I was going to do and ensuring that we put it all [out there] and worked through it at the same time.”\u003c/p>\n\u003cp>The resistance from anti-reform prosecutors was swift as well — both in and outside Gascón’s office. They joined forces to challenge some of those new policies, and in February, a judge agreed to put some of the changes on hold. Gascón said he is appealing; it’s a case widely expected to reach the state’s Supreme Court.\u003c/p>\n\u003cp>Chicago’s Foxx said the swift pushback is a far cry from what she faced as a newly elected DA — and shows how the past four years have given those opposed to reform time to regroup, and come out swinging.\u003c/p>\n\u003cp>“I’m very surprised about how forceful the opposition is,” Foxx said of Gascón’s experience. “He gets sworn in on a Monday. Monday night, he’s got his deputies on television saying that they’re not going to do what he says.”\u003c/p>\n\u003cp>Prosecutors in Gascón office said their opposition wasn’t just about the policies.\u003c/p>\n\u003cp>“Those were kind of given to his deputies without any type of consultation, without any type of warning, without any type of introduction,” said Eric Siddall, vice president of the union representing deputy district attorneys in Los Angeles. “It was not done in that collaborative process. There was no dialog whatsoever.”\u003c/p>\n\u003cp>Not only were prosecutors not consulted, Siddall said, defense attorneys and the media seemed to receive the new directives at the same time they did.\u003c/p>\n\u003cp>But it wasn’t just the process — the prosecutors union opposes the policies on the merits as well. In a lawsuit filed less than a month after Gascón took office, they challenged the ban on enhancements, a commonly used prosecutor’s tool that can add years to someone’s sentence on top of a base term.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>California Schools Struggle to Reopen\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">The pressure to reopen schools that have been shuttered for almost a year by the pandemic is reaching a boiling point. State lawmakers, the governor and powerful teachers unions have been wrangling over how to safely get kids back in classrooms, while some school boards are facing lawsuits and even recall campaigns over not moving quickly enough. This week, Gov. Gavin Newsom announced plans to further prioritize getting vaccines to teachers.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Julia McEvoy, KQED senior editor of education and equity \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Ashley McBride, The Oaklandside education and equity reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>San Francisco District Attorney Chesa Boudin\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Another elected official with a recall effort building against him is San Francisco District Attorney Chesa Boudin. Boudin was a deputy public defender before getting voted into this job in a narrow Election Day win. Over the past year, Boudin has made history as the first district attorney in modern history to charge a police officer with homicide. He was also the first in the nation to eliminate cash bail in criminal cases.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Chesa Boudin, San Francisco district attorney\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Something Beautiful: SF Mission District Murals\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Murals have become part of our urban landscape, adding culture and history to streets and sidewalks. The murals of Clarion and Balmy alleys in San Francisco are in the spotlight in this week’s look at Something Beautiful.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"description": "California Schools Struggle to Reopen The pressure to reopen schools that have been shuttered for almost a year by the pandemic is reaching a boiling point. State lawmakers, the governor and powerful teachers unions have been wrangling over how to safely get kids back in classrooms, while some school boards are facing lawsuits and even",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>California Schools Struggle to Reopen\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">The pressure to reopen schools that have been shuttered for almost a year by the pandemic is reaching a boiling point. State lawmakers, the governor and powerful teachers unions have been wrangling over how to safely get kids back in classrooms, while some school boards are facing lawsuits and even recall campaigns over not moving quickly enough. This week, Gov. Gavin Newsom announced plans to further prioritize getting vaccines to teachers.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Julia McEvoy, KQED senior editor of education and equity \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Ashley McBride, The Oaklandside education and equity reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>San Francisco District Attorney Chesa Boudin\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Another elected official with a recall effort building against him is San Francisco District Attorney Chesa Boudin. Boudin was a deputy public defender before getting voted into this job in a narrow Election Day win. Over the past year, Boudin has made history as the first district attorney in modern history to charge a police officer with homicide. He was also the first in the nation to eliminate cash bail in criminal cases.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Chesa Boudin, San Francisco district attorney\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Something Beautiful: SF Mission District Murals\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Murals have become part of our urban landscape, adding culture and history to streets and sidewalks. The murals of Clarion and Balmy alleys in San Francisco are in the spotlight in this week’s look at Something Beautiful.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>San Francisco District Attorney Chesa Boudin \u003ca href=\"https://www.sfchronicle.com/crime/article/Deadly-S-F-hit-and-run-Suspect-due-in-court-15848170.php\">filed manslaughter charges\u003c/a> Monday against Troy McAlister, a parolee accused of killing two pedestrians on New Year’s Eve while driving drunk in a stolen car. The case has sparked intense criticism of Boudin, including a recall effort for his choice not to prosecute McAlister’s multiple recent arrests leading up to the deadly incident, instead referring the arrests to state parole officials.\u003c/p>\n\u003cp>The controversy caps the former public defender’s challenging first year in office and spotlights his contentious relationship with law enforcement.\u003c/p>\n\u003cp>Boudin, the son of former radical leftist activists, won the race for district attorney in 2019 as part of a politically progressive wave of prosecutors in cities across the country committed to restorative justice over mass incarceration.\u003c/p>\n\u003cp>But Boudin continues to face tremendous challenges — made all the more formidable by the COVID-19 pandemic — including a mountain of some 6,000 open cases and staunch opposition from the city’s police union.\u003c/p>\n\u003cp>On Tuesday, Boudin spoke to Michael Krasny on \u003ca href=\"https://www.kqed.org/forum/2010101881460/san-francisco-district-attorney-chesa-boudins-first-year-in-office-ends-in-controversy\">KQED Forum\u003c/a> and took questions from listeners about his progressive agenda for criminal justice in San Francisco and his office’s track record over the last year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>The following includes highlights from the interview and has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Can you start by addressing the New Year’s Eve tragedy?\u003c/strong>\u003c/p>\n\u003cp>This is a terrible and devastating tragedy. I met yesterday for well over an hour with Mrs. Abe, the mother of one of the two victims, and it was unbelievably difficult. I meet with victims of crime as a regular part of my job, and the meetings are never easy. But I have to tell you, yesterday’s meeting was unusually challenging for many reasons.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"San Francisco DA Chesa Boudin\"]‘The reality is, in any homicide, we cannot undo the harm that was caused. And that’s the weight that I carry as the district attorney every single day, in every single decision that I make, in every single case.’[/pullquote]The reality is, in any homicide, we cannot undo the harm that was caused. And that’s the weight that I carry as the district attorney every single day, in every single decision that I make, in every single case. It is devastating. And I know that only the families of these two women truly appreciate the depths of pain and loss and suffering.\u003c/p>\n\u003cp>But what we’re focused on is three things going forward. First of all, supporting the families through the grief. Second of all, holding Mr. McAlister, the man we believe caused this harm, accountable for what he did. And third, bringing together all the different law enforcement agencies who were involved in supervising or policing or holding Mr. McAlister accountable and looking at what we did, what we could have done, what we should have done in ensuring that going forward, we don’t have agencies operating in silos, but that we have better communication.\u003c/p>\n\u003cp>\u003cstrong>There are many people, specifically Tony Montoya, head of the San Francisco Police Officers Association, who are saying you’re responsible. That you didn’t prosecute and should have.\u003c/strong>\u003c/p>\n\u003cp>Let’s be clear about Tony Montoya and the POA. The leadership of the POA have been a really toxic part of San Francisco politics since way before I ever even ran for office. And they’ve been accusing me of horrific things and lies and spreading dishonesty. Not just about me, but about virtually everybody in public life in San Francisco progressive politics for years. It’s nothing new.\u003c/p>\n\u003cp>And much of the misinformation about this case is being spread intentionally by Tony Montoya and by the POA. Now, they can point fingers and they can try to get me to point fingers back. But as San Francisco Police Chief [Bill] Scott said, every law enforcement agency has to take responsibility for what they did or didn’t do.\u003c/p>\n\u003cp>In my case, of course, there are things in hindsight that we could have done differently. That’s true in every single case where someone who’s had prior law enforcement contact is involved in a serious crime. We don’t have a crystal ball. And the district attorney’s office in San Francisco handles thousands and thousands of cases.\u003c/p>\n\u003cp>When someone is on probation or on parole, we often rely on those agencies. It’s a question of efficiency, it’s a question of resources, and it’s a question of prioritizing violent crimes. When Mr. McAlister was arrested earlier this year, his arrests were nonviolent.\u003c/p>\n\u003cp>Given those circumstances, it was standard practice in my office way before I was sworn in — this is true across the state — to defer to the primary supervising agency. In this instance, it was parole, and parole has tools and resources and options available to them, far more nuanced and individualized than simply filing a new criminal case.\u003c/p>\n\u003cp>And we need to be honest about what filing a new criminal case in those first contacts he had this year after his parole would have done. Charging someone with a new nonviolent offense rarely results in ongoing incarceration absent a parole revocation. We trust parole and we continue to trust parole because they know the individuals they supervise and they have the tools and the expertise to do it.\u003c/p>\n\u003cp>\u003cstrong>Some have the perception that you are more of an advocate for people who break the law than the general citizenry of San Francisco. How do you counter that?\u003c/strong>\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"chesa-boudin\"]I’m really sorry to hear that that’s the perception some people have. I know that the POA has contributed to it. They tried to make that the perception even before I was elected.\u003c/p>\n\u003cp>I’m running my office as well as I can, and I’m working as hard as I can under historically difficult circumstances. Nobody predicted or anticipated the kinds of challenges that 2020 would bring us. And yet, we managed to transition my staff to electronic procedures, electronic case filing and discovery and court appearances. We managed to file 4,300 new criminal cases, and I personally took a murder case that had been languishing for years to a grand jury and secured an indictment to move that case one step closer to trial.\u003c/p>\n\u003cp>I’m rolling up my sleeves and I’m personally doing the work to keep our cases moving forward and to help make San Francisco safer for all of us.\u003c/p>\n\u003cp>\u003cstrong>What role should the DA have in investigating ongoing scandals at City Hall?\u003c/strong>\u003c/p>\n\u003cp>When we talk about crime and we talk about accountability, the system does a really bad job remembering the victims. In every single case, there’s someone who’s harmed. And when you talk about corruption, all of us in San Francisco are victims of corruption.\u003c/p>\n\u003cp>We’ve seen this year a really staggering proportion of scandals in City Hall. And it’s something that everyone in law enforcement, I think, needs to step up and do more on. I have a very small team working on those kinds of cases. Our primary focus is more traditional criminal cases brought to us by the San Francisco Police Department: burglaries, robberies, drug sales. Those are the cases that take up most of our resources.\u003c/p>\n\u003cp>But we do have a small, dedicated team investigating public integrity issues. And I can tell you that they are in many ways outmanned and outgunned by the U.S. attorney that has been working on this case evidently for a number of years with resources far beyond anything that the city allows us to spend on these kinds of cases. We would certainly like to do more. And it takes resources, it takes investigators, it takes wiretaps, it takes cooperating witnesses. And those are some of the things that we need.\u003c/p>\n\u003cp>\u003cstrong>Many SF residents feel under siege by break-ins and vandalism, and don’t think your office is willing to prosecute those crimes. What’s your response?\u003c/strong>\u003c/p>\n\u003cp>It’s important that people be safe and it’s important that people feel safe. Both things are important. The reality is that San Francisco has probably never been safer than it is right now. But I also know that people don’t feel safe.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\"]‘It’s important that people be safe and it’s important that people feel safe. … The reality is that San Francisco has probably never been safer than it is right now. But I also know that people don’t feel safe.’[/pullquote]If you look at the data, it shows that in 2020, crime overall decreased in San Francisco by a historic 24.5%. That includes massive drops in auto burglaries, in petty theft, in assaults, in robberies — assaults and robberies, being the two most common violent crimes in San Francisco. Historic double-digit drops in those categories of crime.\u003c/p>\n\u003cp>Now, I want to be clear. I am not taking credit for those drops. We all know that the COVID-19 pandemic and the drastic reshaping of daily life in our city is what primarily accounts for those drops. And by the same token, we know that certain categories of crime have increased, things like burglary, residential and commercial, things like motor vehicle theft went up and things like discharge of firearms.\u003c/p>\n\u003cp>Now, those categories of crime went up in big cities all across the country without regard to who the police chief is, without regard to the local politics of the district attorney or the police union. These are national trends.\u003c/p>\n\u003cp>When I was on the campaign trail last year, one of the issues that was front and center for most San Francisco voters was auto burglaries. Auto burglaries dropped by about 40% last year. Now, some of the people who in 2019 committed those auto burglaries earn their living off property crime. And with fewer opportunities to break into tourist cars, with fewer opportunities to walk into stores and businesses and shoplift, some of those people resorted to going inside, the same way that all of us have gone inside during the pandemic. And so, yes, we did see an increase in other kinds of burglaries. We saw an increase of about 2,000 more burglaries.\u003c/p>\n\u003cp>Residential burglaries are a serious crime. It’s a crime that I take very seriously. It’s a case that carries a maximum punishment of up to six years in state prison. If we are given evidence from police sufficient to prove a case to a jury, we will file it and we will prosecute it. Having video evidence in a year where every single person is wearing a mask may not be adequate to prove who committed the burglary. Police may believe they know who did it, but it’s up to my lawyers to prove to a jury of all of you listening, beyond any reasonable doubt, who did what and what their intent was when they broke in and stole something. That’s the burden we have and we meet it in cases all the time and we prosecute those cases all the time.\u003c/p>\n\u003cp>\u003cstrong>How would you describe your relationship with the police?\u003c/strong>\u003c/p>\n\u003cp>I was elected on a very transparent and clear platform to enforce the law equally and to fight for racial justice and equity in our criminal justice system. To focus resources on root causes of crime so that we can break the revolving door that has come to so epitomize the failed American approach to criminal justice from coast to coast. And I have followed through on my commitments, despite the obstacles and despite the real challenges that both 2020 and the entrenched bureaucracy in the criminal justice system and the attacks from people like [SFPOA leader] Tony Montoya have put in our path.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\"]‘When individual police officers tell lies, like we don’t prosecute, that does damage to our ability to keep San Franciscans safe and it makes people feel unsafe.’[/pullquote]I think the district attorney’s office has a tremendous amount to be proud of this year. We responded aggressively and with leadership in the wake of the murder of George Floyd and a social justice and racial justice movement unlike any this country has ever seen. And we’ve played a leadership role in reimagining how we can promote public safety and support victims of crime while also decreasing our reliance on racist policies that have destroyed families and communities and bankrupted local governments.\u003c/p>\n\u003cp>But when individual police officers tell lies, like we don’t prosecute, that does damage to our ability to keep San Franciscans safe and it makes people feel unsafe.\u003c/p>\n\u003cp>Here are the numbers: In 2020, we filed over 72% of the residential burglary charges the police brought us. But here’s the problem: They only presented us with 285 possible cases to charge out of the 7,391 burglaries reported to the police. So if 90% of people who commit that crime aren’t arrested, then people don’t feel like there’s a deterrent.\u003c/p>\n\u003cp>We need to support the police in doing a more effective job on the front end. And instead of having individual officers point the finger at me or my office, I’d love to work collaboratively with them. Chief Scott and I have a great relationship. We have regular meetings. If we could have that same level of collaboration and cooperation and collective responsibility all the way up and down the line, I think San Franciscans would not only feel safer, but they’d be safer.\u003c/p>\n\u003cp>\u003cstrong>What are you doing to hold police officers accountable who use excessive force?\u003c/strong>\u003c/p>\n\u003cp>It’s a huge challenge. We filed what I believe to be the first ever homicide charges against a San Francisco Police Department officer while they were on duty for a killing. In this instance, it was an unarmed black man.\u003c/p>\n\u003cp>And I want to be really clear, I don’t celebrate filing those criminal charges. Filing homicide charges is a very serious decision, whether it’s a police officer or whether it’s somebody else. And we make that decision after a careful and exhaustive review of all of the evidence.\u003c/p>\n\u003cp>[aside postID=news_11848521 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS40220__M6A1817-qut-1020x680.jpg']But we have to have equal enforcement of the law. We have to have a system in which no one is above the law, regardless of their race or their wealth or the uniform they wear to work. And the reason that the POA has been attacking me since even before I was elected, the reason the kinds of lies were being told to residents and to crime victims even before I took office, is because of that fear of equal enforcement of the law.\u003c/p>\n\u003cp>The leadership in the POA is used to impunity. They want impunity, and they don’t want transparency or sunshine on the small minority of officers who engage in excessive force or explicitly racist and discriminatory conduct.\u003c/p>\n\u003cp>The criminal justice system and public safety depend on having trust between the communities and the law enforcement agencies that have sworn to serve and protect then. And we will never have that trust until everyone knows that if you commit a crime, you will be treated equally regardless of your job title.\u003c/p>\n\u003cp>[POA leaders] are trying to exploit tragedy and fear, to roll back the reforms that are wildly popular across the state and here in San Francisco, reforms that are long overdue in terms of racial justice and racial equity and reforms that empirically have been shown to promote public safety. They are relying on fear mongering. They are relying on dishonesty and manipulation in order to go backwards in time to an era where state and local budgets were dominated by expenditures for prisons, for jails, for militarized police, instead of investments in public health, in drug treatment and safe consumption sites, in the kinds of things that San Francisco and good science and data tell us we need to promote public safety. And that’s simply not good policy. But it’s effective fear mongering.\u003c/p>\n\u003cp>\u003cstrong>What can San Francisco do to improve conditions in beleaguered neighborhoods like the Tenderloin?\u003c/strong>\u003c/p>\n\u003cp>The Tenderloin is the neighborhood that’s the most diverse in all of San Francisco. It’s also the neighborhood with the highest concentration of school-age children. And to see the state of affairs in the Tenderloin is really devastating.\u003c/p>\n\u003cp>We need a more effective approach and we cannot continue to recycle the same failed policies from the war on drugs. Now, to be clear, I have filed felony criminal charges in about 78% of the drug sales or possession for sales cases police have brought me this year. We are continuing to file those charges, even though we know they haven’t worked in the past and we don’t expect them to solve the problems today.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\"]‘Right now in San Francisco, it is easier to get high than it is to get help. And it doesn’t matter how many felony criminal charges we file, as long as that continues to be true, the Tenderloin is not going to change.’[/pullquote]\u003c/p>\n\u003cp>Here’s what we need to be effective in communities like the Tenderloin: \u003c/p>\n\u003cp>First, safe consumption sites to prevent the horrific number of overdoses from drugs like Fentanyl. Second, treatment on demand so that when people who are struggling with and battling addiction are trying to get sober or trying to get clean and turn their lives around and get off the street and on their feet, they have somewhere to go to get help. Right now in San Francisco, it is easier to get high than it is to get help. And it doesn’t matter how many felony criminal charges we file, as long as that continues to be true, the Tenderloin is not going to change. \u003c/p>\n\u003cp>We have filed charges. We’ve seen the U.S. attorney deport people involved in low-level drug sales, and none of it has changed the situation on the streets. What will change it is housing, treatment and safe consumption sites.\u003c/p>\n\u003cp>\u003cstrong>What about the cash bail issue?\u003c/strong>\u003c/p>\n\u003cp>This was a key issue for me for many years, as you know. Cash bail is a system really unique to the United States and the Philippines, where we have a for-profit private industry that basically buys people out of jail for a 10% nonrefundable fee.\u003c/p>\n\u003cp>If you have the money, you’re out immediately. If you don’t have the money, you languish behind bars.\u003c/p>\n\u003cp>And there’s two fundamental problems with the cash bail system. First, it undermines public safety by allowing people, even people who are dangerous, to buy their way out and potentially go on to commit more crimes or harass victims. Second, it undermines the promise of equal protection under law.\u003c/p>\n\u003cp>You’ve got people charged, sometimes incorrectly, with things like shoplifting or drug sales. And when you’re charged with a nonviolent crime and you have a presumption of innocence and you don’t present a demonstrated public safety risk, the fact that you’re poor cannot, in a system governed by equal protection, mean you languish behind bars while you await trial.\u003c/p>\n\u003cp>So when we ended money bail, we decided to replace a wealth-based system with a risk-based system. When my team of attorneys look at a case and look at an individual person accused of a crime’s history and circumstances and believe there are no conditions that can protect the public with that person on the streets, we ask the court to detain them. It doesn’t matter how wealthy they are.\u003c/p>\n\u003cp>And if we look at someone and believe that it’s consistent with public safety, for them to be released, consistent with the constitutional protections and due process to which we’re all entitled, then we ask the court to release them on appropriate conditions, conditions that we believe are adequate to keep the public safe and ensure that the person obeys the law while the case is pending.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\"]‘When you’re charged with a nonviolent crime and you have a presumption of innocence and you don’t present a demonstrated public safety risk, the fact that you’re poor cannot, in a system governed by equal protection, mean you languish behind bars while you await trial.’[/pullquote]It’s a system that in some ways the entire state had to put into effect in response to COVID-19. We saw an order come out of the Judicial Council back in April, basically setting all nonviolent offenses at zero bail, meaning people would get released no matter how wealthy are poo they were. And what we saw, as in San Francisco, is that most categories of crime, crime overall, went down. And people continued to show up to court and people continued to do what they were told by the judges, for the most part.\u003c/p>\n\u003cp>\u003cstrong>What are you most proud of in your first year?\u003c/strong>\u003c/p>\n\u003cp>I’m proud of the work that we’ve done to support crime victims, particularly domestic violence victims, to provide them with housing. I’m proud of the fact that we’ve avoided an outbreak of COVID-19 in the jails, which we’ve seen happen all across the country. And that we’ve been able to work collaboratively with city government and with law enforcement agencies, even in the face of tragedy, of finger-pointing and of real obstacles from some folks, like the POA.\u003c/p>\n\u003cp>I think we have a lot to be proud of. And I think we never expected to solve the problems in our first year. And we’ve got three years ahead. And I look forward to working to make San Francisco safer for everyone.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "The progressive district attorney spoke with Michael Krasny on KQED Forum about his track record over the past year, one filled with unprecedented challenges and difficult choices.",
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"title": "'Working as Hard as I Can': SF District Attorney Chesa Boudin on His Challenging First Year | KQED",
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"headline": "'Working as Hard as I Can': SF District Attorney Chesa Boudin on His Challenging First Year",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Chesa Boudin \u003ca href=\"https://www.sfchronicle.com/crime/article/Deadly-S-F-hit-and-run-Suspect-due-in-court-15848170.php\">filed manslaughter charges\u003c/a> Monday against Troy McAlister, a parolee accused of killing two pedestrians on New Year’s Eve while driving drunk in a stolen car. The case has sparked intense criticism of Boudin, including a recall effort for his choice not to prosecute McAlister’s multiple recent arrests leading up to the deadly incident, instead referring the arrests to state parole officials.\u003c/p>\n\u003cp>The controversy caps the former public defender’s challenging first year in office and spotlights his contentious relationship with law enforcement.\u003c/p>\n\u003cp>Boudin, the son of former radical leftist activists, won the race for district attorney in 2019 as part of a politically progressive wave of prosecutors in cities across the country committed to restorative justice over mass incarceration.\u003c/p>\n\u003cp>But Boudin continues to face tremendous challenges — made all the more formidable by the COVID-19 pandemic — including a mountain of some 6,000 open cases and staunch opposition from the city’s police union.\u003c/p>\n\u003cp>On Tuesday, Boudin spoke to Michael Krasny on \u003ca href=\"https://www.kqed.org/forum/2010101881460/san-francisco-district-attorney-chesa-boudins-first-year-in-office-ends-in-controversy\">KQED Forum\u003c/a> and took questions from listeners about his progressive agenda for criminal justice in San Francisco and his office’s track record over the last year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>The following includes highlights from the interview and has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Can you start by addressing the New Year’s Eve tragedy?\u003c/strong>\u003c/p>\n\u003cp>This is a terrible and devastating tragedy. I met yesterday for well over an hour with Mrs. Abe, the mother of one of the two victims, and it was unbelievably difficult. I meet with victims of crime as a regular part of my job, and the meetings are never easy. But I have to tell you, yesterday’s meeting was unusually challenging for many reasons.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The reality is, in any homicide, we cannot undo the harm that was caused. And that’s the weight that I carry as the district attorney every single day, in every single decision that I make, in every single case.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The reality is, in any homicide, we cannot undo the harm that was caused. And that’s the weight that I carry as the district attorney every single day, in every single decision that I make, in every single case. It is devastating. And I know that only the families of these two women truly appreciate the depths of pain and loss and suffering.\u003c/p>\n\u003cp>But what we’re focused on is three things going forward. First of all, supporting the families through the grief. Second of all, holding Mr. McAlister, the man we believe caused this harm, accountable for what he did. And third, bringing together all the different law enforcement agencies who were involved in supervising or policing or holding Mr. McAlister accountable and looking at what we did, what we could have done, what we should have done in ensuring that going forward, we don’t have agencies operating in silos, but that we have better communication.\u003c/p>\n\u003cp>\u003cstrong>There are many people, specifically Tony Montoya, head of the San Francisco Police Officers Association, who are saying you’re responsible. That you didn’t prosecute and should have.\u003c/strong>\u003c/p>\n\u003cp>Let’s be clear about Tony Montoya and the POA. The leadership of the POA have been a really toxic part of San Francisco politics since way before I ever even ran for office. And they’ve been accusing me of horrific things and lies and spreading dishonesty. Not just about me, but about virtually everybody in public life in San Francisco progressive politics for years. It’s nothing new.\u003c/p>\n\u003cp>And much of the misinformation about this case is being spread intentionally by Tony Montoya and by the POA. Now, they can point fingers and they can try to get me to point fingers back. But as San Francisco Police Chief [Bill] Scott said, every law enforcement agency has to take responsibility for what they did or didn’t do.\u003c/p>\n\u003cp>In my case, of course, there are things in hindsight that we could have done differently. That’s true in every single case where someone who’s had prior law enforcement contact is involved in a serious crime. We don’t have a crystal ball. And the district attorney’s office in San Francisco handles thousands and thousands of cases.\u003c/p>\n\u003cp>When someone is on probation or on parole, we often rely on those agencies. It’s a question of efficiency, it’s a question of resources, and it’s a question of prioritizing violent crimes. When Mr. McAlister was arrested earlier this year, his arrests were nonviolent.\u003c/p>\n\u003cp>Given those circumstances, it was standard practice in my office way before I was sworn in — this is true across the state — to defer to the primary supervising agency. In this instance, it was parole, and parole has tools and resources and options available to them, far more nuanced and individualized than simply filing a new criminal case.\u003c/p>\n\u003cp>And we need to be honest about what filing a new criminal case in those first contacts he had this year after his parole would have done. Charging someone with a new nonviolent offense rarely results in ongoing incarceration absent a parole revocation. We trust parole and we continue to trust parole because they know the individuals they supervise and they have the tools and the expertise to do it.\u003c/p>\n\u003cp>\u003cstrong>Some have the perception that you are more of an advocate for people who break the law than the general citizenry of San Francisco. How do you counter that?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>I’m really sorry to hear that that’s the perception some people have. I know that the POA has contributed to it. They tried to make that the perception even before I was elected.\u003c/p>\n\u003cp>I’m running my office as well as I can, and I’m working as hard as I can under historically difficult circumstances. Nobody predicted or anticipated the kinds of challenges that 2020 would bring us. And yet, we managed to transition my staff to electronic procedures, electronic case filing and discovery and court appearances. We managed to file 4,300 new criminal cases, and I personally took a murder case that had been languishing for years to a grand jury and secured an indictment to move that case one step closer to trial.\u003c/p>\n\u003cp>I’m rolling up my sleeves and I’m personally doing the work to keep our cases moving forward and to help make San Francisco safer for all of us.\u003c/p>\n\u003cp>\u003cstrong>What role should the DA have in investigating ongoing scandals at City Hall?\u003c/strong>\u003c/p>\n\u003cp>When we talk about crime and we talk about accountability, the system does a really bad job remembering the victims. In every single case, there’s someone who’s harmed. And when you talk about corruption, all of us in San Francisco are victims of corruption.\u003c/p>\n\u003cp>We’ve seen this year a really staggering proportion of scandals in City Hall. And it’s something that everyone in law enforcement, I think, needs to step up and do more on. I have a very small team working on those kinds of cases. Our primary focus is more traditional criminal cases brought to us by the San Francisco Police Department: burglaries, robberies, drug sales. Those are the cases that take up most of our resources.\u003c/p>\n\u003cp>But we do have a small, dedicated team investigating public integrity issues. And I can tell you that they are in many ways outmanned and outgunned by the U.S. attorney that has been working on this case evidently for a number of years with resources far beyond anything that the city allows us to spend on these kinds of cases. We would certainly like to do more. And it takes resources, it takes investigators, it takes wiretaps, it takes cooperating witnesses. And those are some of the things that we need.\u003c/p>\n\u003cp>\u003cstrong>Many SF residents feel under siege by break-ins and vandalism, and don’t think your office is willing to prosecute those crimes. What’s your response?\u003c/strong>\u003c/p>\n\u003cp>It’s important that people be safe and it’s important that people feel safe. Both things are important. The reality is that San Francisco has probably never been safer than it is right now. But I also know that people don’t feel safe.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>If you look at the data, it shows that in 2020, crime overall decreased in San Francisco by a historic 24.5%. That includes massive drops in auto burglaries, in petty theft, in assaults, in robberies — assaults and robberies, being the two most common violent crimes in San Francisco. Historic double-digit drops in those categories of crime.\u003c/p>\n\u003cp>Now, I want to be clear. I am not taking credit for those drops. We all know that the COVID-19 pandemic and the drastic reshaping of daily life in our city is what primarily accounts for those drops. And by the same token, we know that certain categories of crime have increased, things like burglary, residential and commercial, things like motor vehicle theft went up and things like discharge of firearms.\u003c/p>\n\u003cp>Now, those categories of crime went up in big cities all across the country without regard to who the police chief is, without regard to the local politics of the district attorney or the police union. These are national trends.\u003c/p>\n\u003cp>When I was on the campaign trail last year, one of the issues that was front and center for most San Francisco voters was auto burglaries. Auto burglaries dropped by about 40% last year. Now, some of the people who in 2019 committed those auto burglaries earn their living off property crime. And with fewer opportunities to break into tourist cars, with fewer opportunities to walk into stores and businesses and shoplift, some of those people resorted to going inside, the same way that all of us have gone inside during the pandemic. And so, yes, we did see an increase in other kinds of burglaries. We saw an increase of about 2,000 more burglaries.\u003c/p>\n\u003cp>Residential burglaries are a serious crime. It’s a crime that I take very seriously. It’s a case that carries a maximum punishment of up to six years in state prison. If we are given evidence from police sufficient to prove a case to a jury, we will file it and we will prosecute it. Having video evidence in a year where every single person is wearing a mask may not be adequate to prove who committed the burglary. Police may believe they know who did it, but it’s up to my lawyers to prove to a jury of all of you listening, beyond any reasonable doubt, who did what and what their intent was when they broke in and stole something. That’s the burden we have and we meet it in cases all the time and we prosecute those cases all the time.\u003c/p>\n\u003cp>\u003cstrong>How would you describe your relationship with the police?\u003c/strong>\u003c/p>\n\u003cp>I was elected on a very transparent and clear platform to enforce the law equally and to fight for racial justice and equity in our criminal justice system. To focus resources on root causes of crime so that we can break the revolving door that has come to so epitomize the failed American approach to criminal justice from coast to coast. And I have followed through on my commitments, despite the obstacles and despite the real challenges that both 2020 and the entrenched bureaucracy in the criminal justice system and the attacks from people like [SFPOA leader] Tony Montoya have put in our path.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘When individual police officers tell lies, like we don’t prosecute, that does damage to our ability to keep San Franciscans safe and it makes people feel unsafe.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>I think the district attorney’s office has a tremendous amount to be proud of this year. We responded aggressively and with leadership in the wake of the murder of George Floyd and a social justice and racial justice movement unlike any this country has ever seen. And we’ve played a leadership role in reimagining how we can promote public safety and support victims of crime while also decreasing our reliance on racist policies that have destroyed families and communities and bankrupted local governments.\u003c/p>\n\u003cp>But when individual police officers tell lies, like we don’t prosecute, that does damage to our ability to keep San Franciscans safe and it makes people feel unsafe.\u003c/p>\n\u003cp>Here are the numbers: In 2020, we filed over 72% of the residential burglary charges the police brought us. But here’s the problem: They only presented us with 285 possible cases to charge out of the 7,391 burglaries reported to the police. So if 90% of people who commit that crime aren’t arrested, then people don’t feel like there’s a deterrent.\u003c/p>\n\u003cp>We need to support the police in doing a more effective job on the front end. And instead of having individual officers point the finger at me or my office, I’d love to work collaboratively with them. Chief Scott and I have a great relationship. We have regular meetings. If we could have that same level of collaboration and cooperation and collective responsibility all the way up and down the line, I think San Franciscans would not only feel safer, but they’d be safer.\u003c/p>\n\u003cp>\u003cstrong>What are you doing to hold police officers accountable who use excessive force?\u003c/strong>\u003c/p>\n\u003cp>It’s a huge challenge. We filed what I believe to be the first ever homicide charges against a San Francisco Police Department officer while they were on duty for a killing. In this instance, it was an unarmed black man.\u003c/p>\n\u003cp>And I want to be really clear, I don’t celebrate filing those criminal charges. Filing homicide charges is a very serious decision, whether it’s a police officer or whether it’s somebody else. And we make that decision after a careful and exhaustive review of all of the evidence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But we have to have equal enforcement of the law. We have to have a system in which no one is above the law, regardless of their race or their wealth or the uniform they wear to work. And the reason that the POA has been attacking me since even before I was elected, the reason the kinds of lies were being told to residents and to crime victims even before I took office, is because of that fear of equal enforcement of the law.\u003c/p>\n\u003cp>The leadership in the POA is used to impunity. They want impunity, and they don’t want transparency or sunshine on the small minority of officers who engage in excessive force or explicitly racist and discriminatory conduct.\u003c/p>\n\u003cp>The criminal justice system and public safety depend on having trust between the communities and the law enforcement agencies that have sworn to serve and protect then. And we will never have that trust until everyone knows that if you commit a crime, you will be treated equally regardless of your job title.\u003c/p>\n\u003cp>[POA leaders] are trying to exploit tragedy and fear, to roll back the reforms that are wildly popular across the state and here in San Francisco, reforms that are long overdue in terms of racial justice and racial equity and reforms that empirically have been shown to promote public safety. They are relying on fear mongering. They are relying on dishonesty and manipulation in order to go backwards in time to an era where state and local budgets were dominated by expenditures for prisons, for jails, for militarized police, instead of investments in public health, in drug treatment and safe consumption sites, in the kinds of things that San Francisco and good science and data tell us we need to promote public safety. And that’s simply not good policy. But it’s effective fear mongering.\u003c/p>\n\u003cp>\u003cstrong>What can San Francisco do to improve conditions in beleaguered neighborhoods like the Tenderloin?\u003c/strong>\u003c/p>\n\u003cp>The Tenderloin is the neighborhood that’s the most diverse in all of San Francisco. It’s also the neighborhood with the highest concentration of school-age children. And to see the state of affairs in the Tenderloin is really devastating.\u003c/p>\n\u003cp>We need a more effective approach and we cannot continue to recycle the same failed policies from the war on drugs. Now, to be clear, I have filed felony criminal charges in about 78% of the drug sales or possession for sales cases police have brought me this year. We are continuing to file those charges, even though we know they haven’t worked in the past and we don’t expect them to solve the problems today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘Right now in San Francisco, it is easier to get high than it is to get help. And it doesn’t matter how many felony criminal charges we file, as long as that continues to be true, the Tenderloin is not going to change.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Here’s what we need to be effective in communities like the Tenderloin: \u003c/p>\n\u003cp>First, safe consumption sites to prevent the horrific number of overdoses from drugs like Fentanyl. Second, treatment on demand so that when people who are struggling with and battling addiction are trying to get sober or trying to get clean and turn their lives around and get off the street and on their feet, they have somewhere to go to get help. Right now in San Francisco, it is easier to get high than it is to get help. And it doesn’t matter how many felony criminal charges we file, as long as that continues to be true, the Tenderloin is not going to change. \u003c/p>\n\u003cp>We have filed charges. We’ve seen the U.S. attorney deport people involved in low-level drug sales, and none of it has changed the situation on the streets. What will change it is housing, treatment and safe consumption sites.\u003c/p>\n\u003cp>\u003cstrong>What about the cash bail issue?\u003c/strong>\u003c/p>\n\u003cp>This was a key issue for me for many years, as you know. Cash bail is a system really unique to the United States and the Philippines, where we have a for-profit private industry that basically buys people out of jail for a 10% nonrefundable fee.\u003c/p>\n\u003cp>If you have the money, you’re out immediately. If you don’t have the money, you languish behind bars.\u003c/p>\n\u003cp>And there’s two fundamental problems with the cash bail system. First, it undermines public safety by allowing people, even people who are dangerous, to buy their way out and potentially go on to commit more crimes or harass victims. Second, it undermines the promise of equal protection under law.\u003c/p>\n\u003cp>You’ve got people charged, sometimes incorrectly, with things like shoplifting or drug sales. And when you’re charged with a nonviolent crime and you have a presumption of innocence and you don’t present a demonstrated public safety risk, the fact that you’re poor cannot, in a system governed by equal protection, mean you languish behind bars while you await trial.\u003c/p>\n\u003cp>So when we ended money bail, we decided to replace a wealth-based system with a risk-based system. When my team of attorneys look at a case and look at an individual person accused of a crime’s history and circumstances and believe there are no conditions that can protect the public with that person on the streets, we ask the court to detain them. It doesn’t matter how wealthy they are.\u003c/p>\n\u003cp>And if we look at someone and believe that it’s consistent with public safety, for them to be released, consistent with the constitutional protections and due process to which we’re all entitled, then we ask the court to release them on appropriate conditions, conditions that we believe are adequate to keep the public safe and ensure that the person obeys the law while the case is pending.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>It’s a system that in some ways the entire state had to put into effect in response to COVID-19. We saw an order come out of the Judicial Council back in April, basically setting all nonviolent offenses at zero bail, meaning people would get released no matter how wealthy are poo they were. And what we saw, as in San Francisco, is that most categories of crime, crime overall, went down. And people continued to show up to court and people continued to do what they were told by the judges, for the most part.\u003c/p>\n\u003cp>\u003cstrong>What are you most proud of in your first year?\u003c/strong>\u003c/p>\n\u003cp>I’m proud of the work that we’ve done to support crime victims, particularly domestic violence victims, to provide them with housing. I’m proud of the fact that we’ve avoided an outbreak of COVID-19 in the jails, which we’ve seen happen all across the country. And that we’ve been able to work collaboratively with city government and with law enforcement agencies, even in the face of tragedy, of finger-pointing and of real obstacles from some folks, like the POA.\u003c/p>\n\u003cp>I think we have a lot to be proud of. And I think we never expected to solve the problems in our first year. And we’ve got three years ahead. And I look forward to working to make San Francisco safer for everyone.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "‘Obligation to Seek Justice’: SF DA Chesa Boudin Wraps Up First Year With Round of Charges Against Officers",
"title": "‘Obligation to Seek Justice’: SF DA Chesa Boudin Wraps Up First Year With Round of Charges Against Officers",
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"content": "\u003cp>San Francisco District Attorney Chesa Boudin punctuated his first year in office by filing a series of criminal charges against current and former city police officers.\u003c/p>\n\u003cp>That should come as little surprise. Boudin, a former high-profile deputy public defender, campaigned as part of a progressive prosecutor movement and promised to charge cops who used excessive force.\u003c/p>\n\u003cp>The series of recent charges filed has nevertheless drawn criticism from San Francisco's police officers’ union and raised some concerns with the city's police chief.\u003c/p>\n\u003cp>In the past month alone, Boudin has filed charges against three current or former police officers. He also, however, declined to charge three other officers connected to two fatal shootings.\u003c/p>\n\u003cp>“We have an obligation to seek justice, to do justice and to enforce the laws equally,” Boudin said in an interview Wednesday. “And that's exactly what we're doing in these cases.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"chesa-boudin\"]On Monday, \u003ca href=\"https://www.sfchronicle.com/crime/article/DA-Boudin-files-criminal-charges-against-SFPD-15801780.php\">Boudin filed felony assault and battery charges\u003c/a> against Officer Terrance Stangel for allegedly beating a domestic violence suspect with a baton in October 2019 near Fisherman’s Wharf.\u003c/p>\n\u003cp>Boudin said body camera footage from the incident shows that the officers, who responded to a 911 call, “immediately escalated the situation, used force that resulted in multiple broken bones.” He also noted that officers did not actually see the suspect — later identified as Dacari Spiers — assaulting his girlfriend, as had been reported, and never arrested him.\u003c/p>\n\u003cp>Spiers required surgery on his leg and wrist as a result of his injuries.\u003c/p>\n\u003cp>The day after Boudin’s office filed charges, San Francisco Police Chief Bill Scott \u003ca href=\"https://www.sanfranciscopolice.org/news/sfpd-chief-scotts-statement-charges-filed-against-sfpd\">released his own statement\u003c/a> and provided \u003ca href=\"https://vimeo.com/491401547\">recordings \u003c/a>of the original 911 call and body camera footage. In a carefully worded statement, Scott gave his “full support” to the SFPD, while stopping short of either defending Stangel’s actions or directly criticizing the criminal charges. He stressed the need to maintain balance between holding officers accountable for violating the law and holding individuals accountable for attacking or obstructing officers.\u003c/p>\n\u003cp>“Unfortunately, the job of protecting public safety and preserving order becomes exceedingly difficult when that balance is absent,” he said in the statement.\u003c/p>\n\u003cp>It's unclear in the body camera footage what transpired between Spiers and his girlfriend as the officers approached.\u003c/p>\n\u003cp>In a tweet, the San Francisco Police Officers Association thanked the chief for his support and condemned the recent charges.\u003c/p>\n\u003cp>https://twitter.com/SanFranciscoPOA/status/1339327102781308928?s=20\u003c/p>\n\u003cp>Stangel’s attorney criticized the DA’s charging decision in a written statement.\u003c/p>\n\u003cp>“When District Attorney Chesa Boudin says there is no evidence of domestic violence, he is wrong,” attorney Nicole Pifari said. “Everyone in San Francisco should be concerned the DA can’t get his facts straight and is attempting to frame an innocent officer who was doing what society asks of him — protect the public.”\u003c/p>\n\u003cp>In February, Spiers filed a civil suit against the city. The suit alleges that a district attorney’s investigator tried to secretly record him in his hospital room, and that five officers later entered the room “and attempted to threaten (Spiers) to remain silent about the attack and to coerce (him) into not seeking legal representation for the beating.”\u003c/p>\n\u003cp>In response to those allegations, Boudin would only say that his office is not pursuing any additional charges related to this case.\u003c/p>\n\u003cp>Boudin has also helped spearhead other changes to how police are investigated in San Francisco.\u003c/p>\n\u003cp>He says he restructured his office’s Independent Investigations Bureau — a unit at least four years in the making that was initiated by Boudin's predecessor, George Gascón. More recently, the bureau became the lead investigating agency in police shootings and in-custody deaths.\u003c/p>\n\u003cp>During a public Facebook Live discussion Boudin held on Wednesday, Chief Scott said that his department used to be more clued in to the information needed to make charging decisions, and it's now become increasingly challenging to be left out of “an information loop” and be “somewhat in the dark.”\u003c/p>\n\u003cfigure id=\"attachment_11851991\" class=\"wp-caption aligncenter\" style=\"max-width: 1155px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM.png\">\u003cimg class=\"size-full wp-image-11851991\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM.png\" alt=\"\" width=\"1155\" height=\"730\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM.png 1155w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM-800x506.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM-1020x645.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM-160x101.png 160w\" sizes=\"(max-width: 1155px) 100vw, 1155px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A screenshot from a Facebook Live discussion on Wednesday, Dec. 18 with San Francisco DA Chesa Boudin (top right), Police Chief Bill Scott (bottom) and DA Communications Director Rachel Marshall. \u003ccite>(Zoom/Facebook Live)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He added that although he may not agree with every decision the DA makes, he appreciates the faster pace of charging decisions, which in the past often languished for years after investigations were presented to prosecutors.\u003c/p>\n\u003cp>“These cases are hard enough as it is,” Scott said. “When we have to rise to that level of force, nobody's happy with that, and it's an ordeal. And so when officers can get closure, when families can get closure, whichever way those decisions go, I think that's a good thing, particularly when it's done in an expedient manner.”\u003c/p>\n\u003cp>He added that it’s important for all stakeholders to have “confidence and faith that this justice system is fair, that this system is just, that this system is doing what it was designed to do.”\u003c/p>\n\u003cp>[ad fullwidth]It's exceedingly rare for a police officer to be charged with committing murder or manslaughter, and even more unusual for one to be convicted. Between 2005 to 2019, only 104 officers nationwide have faced criminal homicide charges for on-duty shootings, and just 35 have been \u003ca href=\"https://www.bgsu.edu/content/dam/BGSU/health-and-human-services/document/Criminal-Justice-Program/policeintegritylostresearch/-9-On-Duty-Shootings-Police-Officers-Charged-with-Murder-or-Manslaughter.pdf\">convicted\u003c/a>, according to the Police Integrity Research Group at Bowling Green State University.\u003c/p>\n\u003cp>All of which makes Boudin's first year in office all the more noteworthy.\u003c/p>\n\u003cp>Late last month, Boudin brought manslaughter charges against former police Officer Christopher Samayoa who fatally shot unarmed Keita O'Neil in the city's Bayview District in 2017.\u003c/p>\n\u003cp>And on Dec. 7, just a week before Boudin filed charges against Stangel, a grand jury indicted Officer Christopher Flores for assault with a deadly weapon in connection with a 2019 Mission District police shooting that left a man — Jamaica Hampton — in critical condition. The jury brought charges against Hampton as well.\u003c/p>\n\u003cp>The trial for that case will be heard in the next few months, Boudin said.\u003c/p>\n\u003cp>\u003cem>KQED's Alex Emslie contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The former high-profile deputy public defender campaigned as part of a progressive prosecutors movement, promising to charge cops who used excessive force. But the series of recent charges filed has nevertheless drawn criticism from San Francisco's police officers’ union and raised concerns with the city's police chief.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Chesa Boudin punctuated his first year in office by filing a series of criminal charges against current and former city police officers.\u003c/p>\n\u003cp>That should come as little surprise. Boudin, a former high-profile deputy public defender, campaigned as part of a progressive prosecutor movement and promised to charge cops who used excessive force.\u003c/p>\n\u003cp>The series of recent charges filed has nevertheless drawn criticism from San Francisco's police officers’ union and raised some concerns with the city's police chief.\u003c/p>\n\u003cp>In the past month alone, Boudin has filed charges against three current or former police officers. He also, however, declined to charge three other officers connected to two fatal shootings.\u003c/p>\n\u003cp>“We have an obligation to seek justice, to do justice and to enforce the laws equally,” Boudin said in an interview Wednesday. “And that's exactly what we're doing in these cases.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>On Monday, \u003ca href=\"https://www.sfchronicle.com/crime/article/DA-Boudin-files-criminal-charges-against-SFPD-15801780.php\">Boudin filed felony assault and battery charges\u003c/a> against Officer Terrance Stangel for allegedly beating a domestic violence suspect with a baton in October 2019 near Fisherman’s Wharf.\u003c/p>\n\u003cp>Boudin said body camera footage from the incident shows that the officers, who responded to a 911 call, “immediately escalated the situation, used force that resulted in multiple broken bones.” He also noted that officers did not actually see the suspect — later identified as Dacari Spiers — assaulting his girlfriend, as had been reported, and never arrested him.\u003c/p>\n\u003cp>Spiers required surgery on his leg and wrist as a result of his injuries.\u003c/p>\n\u003cp>The day after Boudin’s office filed charges, San Francisco Police Chief Bill Scott \u003ca href=\"https://www.sanfranciscopolice.org/news/sfpd-chief-scotts-statement-charges-filed-against-sfpd\">released his own statement\u003c/a> and provided \u003ca href=\"https://vimeo.com/491401547\">recordings \u003c/a>of the original 911 call and body camera footage. In a carefully worded statement, Scott gave his “full support” to the SFPD, while stopping short of either defending Stangel’s actions or directly criticizing the criminal charges. He stressed the need to maintain balance between holding officers accountable for violating the law and holding individuals accountable for attacking or obstructing officers.\u003c/p>\n\u003cp>“Unfortunately, the job of protecting public safety and preserving order becomes exceedingly difficult when that balance is absent,” he said in the statement.\u003c/p>\n\u003cp>It's unclear in the body camera footage what transpired between Spiers and his girlfriend as the officers approached.\u003c/p>\n\u003cp>In a tweet, the San Francisco Police Officers Association thanked the chief for his support and condemned the recent charges.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Stangel’s attorney criticized the DA’s charging decision in a written statement.\u003c/p>\n\u003cp>“When District Attorney Chesa Boudin says there is no evidence of domestic violence, he is wrong,” attorney Nicole Pifari said. “Everyone in San Francisco should be concerned the DA can’t get his facts straight and is attempting to frame an innocent officer who was doing what society asks of him — protect the public.”\u003c/p>\n\u003cp>In February, Spiers filed a civil suit against the city. The suit alleges that a district attorney’s investigator tried to secretly record him in his hospital room, and that five officers later entered the room “and attempted to threaten (Spiers) to remain silent about the attack and to coerce (him) into not seeking legal representation for the beating.”\u003c/p>\n\u003cp>In response to those allegations, Boudin would only say that his office is not pursuing any additional charges related to this case.\u003c/p>\n\u003cp>Boudin has also helped spearhead other changes to how police are investigated in San Francisco.\u003c/p>\n\u003cp>He says he restructured his office’s Independent Investigations Bureau — a unit at least four years in the making that was initiated by Boudin's predecessor, George Gascón. More recently, the bureau became the lead investigating agency in police shootings and in-custody deaths.\u003c/p>\n\u003cp>During a public Facebook Live discussion Boudin held on Wednesday, Chief Scott said that his department used to be more clued in to the information needed to make charging decisions, and it's now become increasingly challenging to be left out of “an information loop” and be “somewhat in the dark.”\u003c/p>\n\u003cfigure id=\"attachment_11851991\" class=\"wp-caption aligncenter\" style=\"max-width: 1155px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM.png\">\u003cimg class=\"size-full wp-image-11851991\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM.png\" alt=\"\" width=\"1155\" height=\"730\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM.png 1155w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM-800x506.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM-1020x645.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/Screen-Shot-2020-12-16-at-12.19.36-PM-160x101.png 160w\" sizes=\"(max-width: 1155px) 100vw, 1155px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A screenshot from a Facebook Live discussion on Wednesday, Dec. 18 with San Francisco DA Chesa Boudin (top right), Police Chief Bill Scott (bottom) and DA Communications Director Rachel Marshall. \u003ccite>(Zoom/Facebook Live)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He added that although he may not agree with every decision the DA makes, he appreciates the faster pace of charging decisions, which in the past often languished for years after investigations were presented to prosecutors.\u003c/p>\n\u003cp>“These cases are hard enough as it is,” Scott said. “When we have to rise to that level of force, nobody's happy with that, and it's an ordeal. And so when officers can get closure, when families can get closure, whichever way those decisions go, I think that's a good thing, particularly when it's done in an expedient manner.”\u003c/p>\n\u003cp>He added that it’s important for all stakeholders to have “confidence and faith that this justice system is fair, that this system is just, that this system is doing what it was designed to do.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>It's exceedingly rare for a police officer to be charged with committing murder or manslaughter, and even more unusual for one to be convicted. Between 2005 to 2019, only 104 officers nationwide have faced criminal homicide charges for on-duty shootings, and just 35 have been \u003ca href=\"https://www.bgsu.edu/content/dam/BGSU/health-and-human-services/document/Criminal-Justice-Program/policeintegritylostresearch/-9-On-Duty-Shootings-Police-Officers-Charged-with-Murder-or-Manslaughter.pdf\">convicted\u003c/a>, according to the Police Integrity Research Group at Bowling Green State University.\u003c/p>\n\u003cp>All of which makes Boudin's first year in office all the more noteworthy.\u003c/p>\n\u003cp>Late last month, Boudin brought manslaughter charges against former police Officer Christopher Samayoa who fatally shot unarmed Keita O'Neil in the city's Bayview District in 2017.\u003c/p>\n\u003cp>And on Dec. 7, just a week before Boudin filed charges against Stangel, a grand jury indicted Officer Christopher Flores for assault with a deadly weapon in connection with a 2019 Mission District police shooting that left a man — Jamaica Hampton — in critical condition. The jury brought charges against Hampton as well.\u003c/p>\n\u003cp>The trial for that case will be heard in the next few months, Boudin said.\u003c/p>\n\u003cp>\u003cem>KQED's Alex Emslie contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "in-first-for-sf-district-attorney-chesa-boudin-charges-former-police-officer-with-homicide",
"title": "In First for SF, District Attorney Chesa Boudin Charges Former Police Officer With Homicide",
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"content": "\u003cp>San Francisco District Attorney Chesa Boudin announced Monday that he has filed homicide charges against former police officer Christopher Samayoa for the \u003ca href=\"https://www.kqed.org/news/11635756/s-f-police-officer-fatally-shot-apparently-unarmed-carjacking-suspect-in-bayview\">2017 shooting\u003c/a> of 42-year-old Keita O’Neil.\u003c/p>\n\u003cp>Boudin’s decision to charge the former SFPD officer marks the first time in the city’s history that a district attorney has brought homicide charges against an officer. \u003c/p>\n\u003cp>During a \u003ca href=\"https://www.facebook.com/SFDABoudin/videos/185033869911802\">press conference\u003c/a> Monday, Boudin announced five charges against Samayoa, including voluntary manslaughter, involuntary manslaughter, assault by an executive officer, assault with a semi-automatic firearm and negligent discharge of a firearm.\u003c/p>\n\u003cp>“As far as we are aware, this is the first ever time that the San Francisco District Attorney’s Office has filed charges against a law enforcement officer for a homicide,” Boudin said at the press conference.\u003c/p>\n\u003cp>O’Neil, suspected of carjacking a California Lottery van in Potrero Hill, led police in a vehicle pursuit on the morning of Dec. 1, 2017 through the Bayview district. Hitting a dead-end in the Alice Griffith housing project, O’Neil fled the vehicle, running past the squad car that Samayoa was in.\u003c/p>\n\u003cp>Samayoa fired his weapon through the passenger side window, fatally striking O’Neil. O’Neil was unarmed.\u003c/p>\n\u003cp>“Body camera footage shows that not a single other officer pulled out their service weapon or pointed at Mr. O’Neil,” Boudin said Monday. “As a result of Officer Samayoa’s terrible, tragic and unlawful decision to pull and fire his gun that day, Mr. O’Neil was killed and my office is filing charges today.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Although Samayoa turned his body camera on just after the shooting, his camera captured the footage because body cameras automatically record 30 seconds before activation.\u003c/p>\n\u003cp>Samayoa had graduated from the police academy just days before the shooting, and was riding passenger with his training officer, Edric Talusan. Samayoa was fired in March 2018 as a result of the shooting.\u003c/p>\n\u003cp>Samayoa is expected to surrender to his arrest warrant later this week with a nominal bond set at $1,000, Boudin said.\u003c/p>\n\u003cp>“We do not expect him to be a flight risk. He has been at liberty the three years while this case was under investigation,” Boudin said.\u003c/p>\n\u003cp>Civil rights attorney John Burris, whose office \u003ca href=\"https://www.kqed.org/news/11638329/mother-sues-over-fatal-s-f-police-shooting-attorneys-call-for-criminal-charges\">filed a federal civil rights lawsuit\u003c/a> over the shooting in 2017, called it “one of the most shocking” incidents he’d ever seen at the time.\u003c/p>\n\u003cp>[aside postID=news_11638329,news_11635756 label='Related Coverage']Boudin’s historic filing comes just after a controversial dismissal of charges against two Alameda County sheriff’s deputies for the infamous alley beating of a car chase suspect in 2016 in San Francisco. \u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"https://www.sfchronicle.com/crime/article/S-F-District-Attorney-Chesa-Boudin-dismissed-15720979.php\">first reported\u003c/a> that Boudin’s office quietly dismissed those charges in court in March, citing the impact the COVID-19 pandemic had on their case, suggesting they could refile those charges later on. \u003c/p>\n\u003cp>Boudin’s filings against Samayoa come just before the Dec. 1 expiration of the three-year statute of limitations for three of the alleged crimes: involuntary manslaughter, assault by an executive officer and negligent discharge of a firearm. Boudin highlighted these charges as a follow through on his 2019 campaign promise to enforce the law equally among police officers and citizens. \u003c/p>\n\u003cp>“It was a very obvious case of criminal activity of a police officer,” said Melissa Nold, an attorney representing the O’Neil family in the federal civil rights case against Samayoa, training officer Edric Talusan and the city of San Francisco.\u003c/p>\n\u003cp>While the charges are encouraging, Nold told KQED on Monday that it won’t be a victory until a conviction is won in court. \u003c/p>\n\u003cp>“This is step one of a long process for the family, so there’s a long way to go,” Nold said. \u003c/p>\n\u003cp>San Francisco Police Officers Association President Tony Montoya issued a statement Monday regarding the charges against Samoyoa.\u003c/p>\n\u003cp>“The criminal justice system will allow for the facts surrounding this case to be disclosed,” Montoya said in the statement. “We are committed to ensuring that Christopher and his family are supported during this difficult time and that he is accorded his due process rights and provided with a vigorous defense against these charges” \u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Chesa Boudin announced Monday that he has filed homicide charges against former police officer Christopher Samayoa for the \u003ca href=\"https://www.kqed.org/news/11635756/s-f-police-officer-fatally-shot-apparently-unarmed-carjacking-suspect-in-bayview\">2017 shooting\u003c/a> of 42-year-old Keita O’Neil.\u003c/p>\n\u003cp>Boudin’s decision to charge the former SFPD officer marks the first time in the city’s history that a district attorney has brought homicide charges against an officer. \u003c/p>\n\u003cp>During a \u003ca href=\"https://www.facebook.com/SFDABoudin/videos/185033869911802\">press conference\u003c/a> Monday, Boudin announced five charges against Samayoa, including voluntary manslaughter, involuntary manslaughter, assault by an executive officer, assault with a semi-automatic firearm and negligent discharge of a firearm.\u003c/p>\n\u003cp>“As far as we are aware, this is the first ever time that the San Francisco District Attorney’s Office has filed charges against a law enforcement officer for a homicide,” Boudin said at the press conference.\u003c/p>\n\u003cp>O’Neil, suspected of carjacking a California Lottery van in Potrero Hill, led police in a vehicle pursuit on the morning of Dec. 1, 2017 through the Bayview district. Hitting a dead-end in the Alice Griffith housing project, O’Neil fled the vehicle, running past the squad car that Samayoa was in.\u003c/p>\n\u003cp>Samayoa fired his weapon through the passenger side window, fatally striking O’Neil. O’Neil was unarmed.\u003c/p>\n\u003cp>“Body camera footage shows that not a single other officer pulled out their service weapon or pointed at Mr. O’Neil,” Boudin said Monday. “As a result of Officer Samayoa’s terrible, tragic and unlawful decision to pull and fire his gun that day, Mr. O’Neil was killed and my office is filing charges today.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although Samayoa turned his body camera on just after the shooting, his camera captured the footage because body cameras automatically record 30 seconds before activation.\u003c/p>\n\u003cp>Samayoa had graduated from the police academy just days before the shooting, and was riding passenger with his training officer, Edric Talusan. Samayoa was fired in March 2018 as a result of the shooting.\u003c/p>\n\u003cp>Samayoa is expected to surrender to his arrest warrant later this week with a nominal bond set at $1,000, Boudin said.\u003c/p>\n\u003cp>“We do not expect him to be a flight risk. He has been at liberty the three years while this case was under investigation,” Boudin said.\u003c/p>\n\u003cp>Civil rights attorney John Burris, whose office \u003ca href=\"https://www.kqed.org/news/11638329/mother-sues-over-fatal-s-f-police-shooting-attorneys-call-for-criminal-charges\">filed a federal civil rights lawsuit\u003c/a> over the shooting in 2017, called it “one of the most shocking” incidents he’d ever seen at the time.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Boudin’s historic filing comes just after a controversial dismissal of charges against two Alameda County sheriff’s deputies for the infamous alley beating of a car chase suspect in 2016 in San Francisco. \u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"https://www.sfchronicle.com/crime/article/S-F-District-Attorney-Chesa-Boudin-dismissed-15720979.php\">first reported\u003c/a> that Boudin’s office quietly dismissed those charges in court in March, citing the impact the COVID-19 pandemic had on their case, suggesting they could refile those charges later on. \u003c/p>\n\u003cp>Boudin’s filings against Samayoa come just before the Dec. 1 expiration of the three-year statute of limitations for three of the alleged crimes: involuntary manslaughter, assault by an executive officer and negligent discharge of a firearm. Boudin highlighted these charges as a follow through on his 2019 campaign promise to enforce the law equally among police officers and citizens. \u003c/p>\n\u003cp>“It was a very obvious case of criminal activity of a police officer,” said Melissa Nold, an attorney representing the O’Neil family in the federal civil rights case against Samayoa, training officer Edric Talusan and the city of San Francisco.\u003c/p>\n\u003cp>While the charges are encouraging, Nold told KQED on Monday that it won’t be a victory until a conviction is won in court. \u003c/p>\n\u003cp>“This is step one of a long process for the family, so there’s a long way to go,” Nold said. \u003c/p>\n\u003cp>San Francisco Police Officers Association President Tony Montoya issued a statement Monday regarding the charges against Samoyoa.\u003c/p>\n\u003cp>“The criminal justice system will allow for the facts surrounding this case to be disclosed,” Montoya said in the statement. “We are committed to ensuring that Christopher and his family are supported during this difficult time and that he is accorded his due process rights and provided with a vigorous defense against these charges” \u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Since the 1990s, law enforcement groups like police unions, correctional officers unions, and sheriffs’ associations have had a huge influence on policing and criminal justice legislation, both in Washington and Sacramento. This has led to laws like California’s ‘three strikes’ rule and the 1994 federal crime bill that passed through Congress and was signed by President Clinton.\u003c/p>\n\u003cp>But law enforcement officials aren’t speaking with one voice anymore. Some district attorneys want to focus on changing the system and focusing on rehabilitation. And now, \u003ca href=\"https://www.kqed.org/news/11838062/progressive-das-form-new-alliance-to-push-criminal-justice-reform-in-california\">a new group\u003c/a> of progressive-minded district attorneys in California want to counter the ‘tough-on-crime’ voices that have usually held sway.\u003c/p>\n\u003cp>\u003cstrong>Guest:\u003c/strong> \u003ca href=\"https://twitter.com/mlagos/\">Marisa Lagos\u003c/a>, correspondent for KQED’s California Politics and Government Desk and co-host of the Political Breakdown podcast\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Since the 1990s, law enforcement groups like police unions, correctional officers unions, and sheriffs’ associations have had a huge influence on policing and criminal justice legislation, both in Washington and Sacramento. This has led to laws like California’s ‘three strikes’ rule and the 1994 federal crime bill that passed through Congress and was signed by President Clinton.\u003c/p>\n\u003cp>But law enforcement officials aren’t speaking with one voice anymore. Some district attorneys want to focus on changing the system and focusing on rehabilitation. And now, \u003ca href=\"https://www.kqed.org/news/11838062/progressive-das-form-new-alliance-to-push-criminal-justice-reform-in-california\">a new group\u003c/a> of progressive-minded district attorneys in California want to counter the ‘tough-on-crime’ voices that have usually held sway.\u003c/p>\n\u003cp>\u003cstrong>Guest:\u003c/strong> \u003ca href=\"https://twitter.com/mlagos/\">Marisa Lagos\u003c/a>, correspondent for KQED’s California Politics and Government Desk and co-host of the Political Breakdown podcast\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>San Joaquin County District Attorney Tori Verber Salazar fits the traditional profile of a DA.\u003c/p>\n\u003cp>She’s a Republican from California’s Central Valley. She comes from a family whose last three generations have served in law enforcement. And, she’s a fiscal conservative.\u003c/p>\n\u003cp>But when Salazar became DA in 2015 and started talking to other elected prosecutors around the state, she often found herself on the outside looking in.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"San Joaquin County DA Tori Verber Salazar\"]‘The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change.’[/pullquote] “The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change,” she said. “Every time that there was an opportunity to look at criminal justice differently and to have that really difficult conversation and really look at our role in all of this … instead of saying, ‘This is an opportunity,’ they immediately went to opposition and they opposed all criminal justice or most criminal justice reform.”\u003c/p>\n\u003cp>On Tuesday, Salazar joined forces with two other DAs — Diana Becton of Contra Costa County and\u003ca href=\"https://www.kqed.org/news/11793457/can-s-f-s-chesa-boudin-flip-the-script-for-progressive-das-across-the-country\"> Chesa Boudin\u003c/a> of San Francisco — as well as George Gascón, the former San Francisco DA now \u003ca href=\"https://www.latimes.com/projects/la-district-attorney-race-lacey-vs-gascon-analysis/\">running for the top prosecutor job in Los Angeles\u003c/a>, in announcing the formation of a “progressive law enforcement association.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dubbed the \u003ca href=\"https://prosecutorsalliance.org/\">Prosecutors Alliance of California\u003c/a>, the group and its advocacy arm plan to campaign for and against state legislation, ballot initiatives and candidate races, with an eye on “modern and sustainable approaches to achieving safety and community health.”\u003c/p>\n\u003cp>Cristine Soto DeBerry, executive director of the initiative, says the group will be actively involved in lobbying and educating state lawmakers in Sacramento as well as pushing back against ballot measures\u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\"> its members consider harmful\u003c/a>, such as \u003ca href=\"https://www.kqed.org/news/11826314/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms\">Proposition 20\u003c/a> on the ballot this November, which would roll back a number of recent statewide criminal justice reforms, making it harder for some state inmates to get parole and easier for others to be sent to prison or jail. The group will also serve as a resource for prosecutors who want to implement new policies and receive training on how to do so.\u003c/p>\n\u003cp>In this moment of widespread protests against systemic racism and distrust in the criminal justice system, members of the group say it’s crucial for diverse voices within the law enforcement community to be heard in an effort to help restore confidence in the system.\u003c/p>\n\u003cp>But Vern \u003cspan style=\"font-weight: 400\">Pierson, \u003c/span>head of he California District Attorney’s Association, says his group r\u003cspan style=\"font-weight: 400\">epresents a wide diversity of viewpoints and \u003c/span>welcomes the new effort.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“CDAA represent 57 DAs, and 4,000 non-elected prosecutors in California. … you can imagine in San Francisco versus Riverside there are very different perspectives on criminal justice issues,” said Pierson, the DA for El Dorado County. “I don’t have a problem with the new organization — it represents a small segment of that.”\u003cbr>\n\u003c/span>\u003c/p>\n\u003cp>Pierson notes that Boudin, San Francisco’s liberal district attorney, is also a member of CDAA, and says there will likely be issues the two groups can partner on.\u003c/p>\n\u003cp>As for Salazar, she freely admits she never expected to be part of an alliance with some of the most liberal DAs in the state. Boudin is a former public defender, while Gascón angered many of his law enforcement colleagues by helping write and push \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\">Proposition 47\u003c/a>, one of the most sweeping statewide criminal justice reforms in years.\u003c/p>\n\u003cp>https://twitter.com/CristineDeBerry/status/1305980787838218240\u003c/p>\n\u003cp>But, Salazar said, it actually fits quite well with her philosophy of public safety — she notes that for years, California increased spending on law enforcement and incarceration, but that it never correlated with lower crime or recidivism rates.\u003c/p>\n\u003cp>“I will definitely get backlash for this. I didn’t start my career thinking I’m going to be sitting next to these guys,” she said. “I had to have that very difficult conversation with myself as to what was my ethical and moral responsibility and what was my fiscal responsibility to my community. And how do I start healing it by building trust and transparency.”\u003c/p>\n\u003cp>The group aims to be a counter voice to existing law enforcement associations in California, which have wielded immense power, supporting and sometimes funding many of the state’s harshest sentencing laws and opposing most reform efforts.\u003c/p>\n\u003cp>Even as California has become more progressive and voters have been willing to embrace change, those associations have remained incredibly conservative, DeBerry notes.\u003c/p>\n\u003cp>That’s in part, she says, because most of those groups give equal voice to every county — meaning that Los Angeles County, with a population of 10 million, has the same weight as Alpine County, with its 1,100 residents.\u003c/p>\n\u003cp>“What is clear is that the criminal justice system we have had in this country no longer serves our best interests and arguably never did serve our best interests,” DeBerry said, pointing to the absence within the law enforcement community of any strong collective voice pushing for change.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"criminal-justice-reform\"]“And that has made it much harder, I think, for reform to prevail, because we’ve ended up in a conversation, a false conversation, that suggests there’s a dichotomy between reform and safety,” she said.\u003c/p>\n\u003cp>Salazar echoes that frustration, saying she’s clashed with other California prosecutors over their position that any change will lead to violence in the streets; and over their insistence that even when voters have approved reforms, they didn’t really know what they were voting for.\u003c/p>\n\u003cp>“I find that very insulting. I am a voter and I take my voting responsibility very seriously,” she said, noting that reforms like Proposition 47 passed with nearly 60% of the vote. “So, are you really saying 60% to 65% of our community is uneducated and ignorant and didn’t know what they were voting for?”\u003c/p>\n\u003cp>In her book \u003ca href=\"https://emilybazelon.com/\">“Charged\u003c/a>,” journalist Emily Bazelon examines how the overarching power of local prosecutors has helped further mass incarceration in the United States — and how some progressive DAs are seeking to reverse that trend. A group like the Prosecutors Alliance of California, she says, stands to make a real difference in debates around criminal justice reform, particularly in Sacramento, where law enforcement has traditionally spoken with one voice.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“It changes who’s speaking for law enforcement, right? So, if you have district attorneys united in saying that a sentencing reform is a bad idea, or it’s not safe — that sends a really strong message,” Bazelon said. “If you have some DAs on the other side, even if it’s the minority, saying, ‘Wait, wait, wait, we don’t need these heavy sentences to do our jobs. We see a reason to make changes that will make the system more fair. And that is in line with our public safety goals.’ — That really changes the conversation.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Joaquin County District Attorney Tori Verber Salazar fits the traditional profile of a DA.\u003c/p>\n\u003cp>She’s a Republican from California’s Central Valley. She comes from a family whose last three generations have served in law enforcement. And, she’s a fiscal conservative.\u003c/p>\n\u003cp>But when Salazar became DA in 2015 and started talking to other elected prosecutors around the state, she often found herself on the outside looking in.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp> “The problem that I struggled with was that there wasn’t a space for other voices to be heard. There wasn’t a space for growth and change,” she said. “Every time that there was an opportunity to look at criminal justice differently and to have that really difficult conversation and really look at our role in all of this … instead of saying, ‘This is an opportunity,’ they immediately went to opposition and they opposed all criminal justice or most criminal justice reform.”\u003c/p>\n\u003cp>On Tuesday, Salazar joined forces with two other DAs — Diana Becton of Contra Costa County and\u003ca href=\"https://www.kqed.org/news/11793457/can-s-f-s-chesa-boudin-flip-the-script-for-progressive-das-across-the-country\"> Chesa Boudin\u003c/a> of San Francisco — as well as George Gascón, the former San Francisco DA now \u003ca href=\"https://www.latimes.com/projects/la-district-attorney-race-lacey-vs-gascon-analysis/\">running for the top prosecutor job in Los Angeles\u003c/a>, in announcing the formation of a “progressive law enforcement association.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dubbed the \u003ca href=\"https://prosecutorsalliance.org/\">Prosecutors Alliance of California\u003c/a>, the group and its advocacy arm plan to campaign for and against state legislation, ballot initiatives and candidate races, with an eye on “modern and sustainable approaches to achieving safety and community health.”\u003c/p>\n\u003cp>Cristine Soto DeBerry, executive director of the initiative, says the group will be actively involved in lobbying and educating state lawmakers in Sacramento as well as pushing back against ballot measures\u003ca href=\"https://www.kqed.org/news/11824855/report-ballot-measure-would-put-thousands-behind-bars-harm-communities-of-color\"> its members consider harmful\u003c/a>, such as \u003ca href=\"https://www.kqed.org/news/11826314/california-voters-asked-to-weigh-ballot-measures-that-could-reverse-hard-won-justice-reforms\">Proposition 20\u003c/a> on the ballot this November, which would roll back a number of recent statewide criminal justice reforms, making it harder for some state inmates to get parole and easier for others to be sent to prison or jail. The group will also serve as a resource for prosecutors who want to implement new policies and receive training on how to do so.\u003c/p>\n\u003cp>In this moment of widespread protests against systemic racism and distrust in the criminal justice system, members of the group say it’s crucial for diverse voices within the law enforcement community to be heard in an effort to help restore confidence in the system.\u003c/p>\n\u003cp>But Vern \u003cspan style=\"font-weight: 400\">Pierson, \u003c/span>head of he California District Attorney’s Association, says his group r\u003cspan style=\"font-weight: 400\">epresents a wide diversity of viewpoints and \u003c/span>welcomes the new effort.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“CDAA represent 57 DAs, and 4,000 non-elected prosecutors in California. … you can imagine in San Francisco versus Riverside there are very different perspectives on criminal justice issues,” said Pierson, the DA for El Dorado County. “I don’t have a problem with the new organization — it represents a small segment of that.”\u003cbr>\n\u003c/span>\u003c/p>\n\u003cp>Pierson notes that Boudin, San Francisco’s liberal district attorney, is also a member of CDAA, and says there will likely be issues the two groups can partner on.\u003c/p>\n\u003cp>As for Salazar, she freely admits she never expected to be part of an alliance with some of the most liberal DAs in the state. Boudin is a former public defender, while Gascón angered many of his law enforcement colleagues by helping write and push \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\">Proposition 47\u003c/a>, one of the most sweeping statewide criminal justice reforms in years.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>But, Salazar said, it actually fits quite well with her philosophy of public safety — she notes that for years, California increased spending on law enforcement and incarceration, but that it never correlated with lower crime or recidivism rates.\u003c/p>\n\u003cp>“I will definitely get backlash for this. I didn’t start my career thinking I’m going to be sitting next to these guys,” she said. “I had to have that very difficult conversation with myself as to what was my ethical and moral responsibility and what was my fiscal responsibility to my community. And how do I start healing it by building trust and transparency.”\u003c/p>\n\u003cp>The group aims to be a counter voice to existing law enforcement associations in California, which have wielded immense power, supporting and sometimes funding many of the state’s harshest sentencing laws and opposing most reform efforts.\u003c/p>\n\u003cp>Even as California has become more progressive and voters have been willing to embrace change, those associations have remained incredibly conservative, DeBerry notes.\u003c/p>\n\u003cp>That’s in part, she says, because most of those groups give equal voice to every county — meaning that Los Angeles County, with a population of 10 million, has the same weight as Alpine County, with its 1,100 residents.\u003c/p>\n\u003cp>“What is clear is that the criminal justice system we have had in this country no longer serves our best interests and arguably never did serve our best interests,” DeBerry said, pointing to the absence within the law enforcement community of any strong collective voice pushing for change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“And that has made it much harder, I think, for reform to prevail, because we’ve ended up in a conversation, a false conversation, that suggests there’s a dichotomy between reform and safety,” she said.\u003c/p>\n\u003cp>Salazar echoes that frustration, saying she’s clashed with other California prosecutors over their position that any change will lead to violence in the streets; and over their insistence that even when voters have approved reforms, they didn’t really know what they were voting for.\u003c/p>\n\u003cp>“I find that very insulting. I am a voter and I take my voting responsibility very seriously,” she said, noting that reforms like Proposition 47 passed with nearly 60% of the vote. “So, are you really saying 60% to 65% of our community is uneducated and ignorant and didn’t know what they were voting for?”\u003c/p>\n\u003cp>In her book \u003ca href=\"https://emilybazelon.com/\">“Charged\u003c/a>,” journalist Emily Bazelon examines how the overarching power of local prosecutors has helped further mass incarceration in the United States — and how some progressive DAs are seeking to reverse that trend. A group like the Prosecutors Alliance of California, she says, stands to make a real difference in debates around criminal justice reform, particularly in Sacramento, where law enforcement has traditionally spoken with one voice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It changes who’s speaking for law enforcement, right? So, if you have district attorneys united in saying that a sentencing reform is a bad idea, or it’s not safe — that sends a really strong message,” Bazelon said. “If you have some DAs on the other side, even if it’s the minority, saying, ‘Wait, wait, wait, we don’t need these heavy sentences to do our jobs. We see a reason to make changes that will make the system more fair. And that is in line with our public safety goals.’ — That really changes the conversation.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Victims and witnesses of police violence will be eligible for funeral expenses, help with medical bills, counseling and other services under a policy San Francisco's top prosecutor announced Tuesday.\u003c/p>\n\u003cp>The policy change by District Attorney Chesa Boudin comes as the nation reels from the deaths of George Floyd and other African American and Latino people at the hands of police, including two recent fatal shootings in the Bay Area.\u003c/p>\n\u003cp>Boudin's office and supporters said the policy may be the first in the country.\u003c/p>\n\u003cp>Boudin, a former deputy public defender who won office last year as part of a national wave of progressive-minded prosecutors, said it is essential that victims of police violence receive the help that any other crime victim would receive.\u003c/p>\n\u003cp>\"The bottom line is that people should not have to rely on a GoFundMe page to pay for a funeral of their son or daughter when they've been killed by law enforcement,\" Boudin said.\u003c/p>\n\u003cp>\"We need to recognize that in instances where law enforcement uses force that’s excessive, or when law enforcement kills unnecessarily, there are often reports written suggesting the victim was the perpetrator. That history needs to change.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The policy change aims to backfill state compensation laws that exclude victims who lack law enforcement corroboration for the crimes they were subjected to or who were perceived to have contributed to the violence, his office said. Boudin's office will allow corroboration through medical records and other documents.\u003c/p>\n\u003cp>\"Folks from black, brown and disenfranchised communities are not often acknowledged as victims. They're often seen as complicit in their own victimization, stripped of their identity altogether,\" said Tinisch Hollins, California director for Crime Survivors for Safety and Justice, who joined Boudin at a press conference.\u003c/p>\n\u003cp>She said she has heard from the family of 22-year-old Sean Monterrosa, who was \u003ca href=\"https://www.kqed.org/news/11823146/state-attorney-general-to-review-and-reform-vallejo-police-department-following-fatal-shooting\">killed by police in Vallejo last week\u003c/a> when they responded to reports of a break-in at a drug store. An officer fired five times through the window of his own patrol car, hitting a kneeling Monterrosa, who had no firearm, only a hammer.\u003c/p>\n\u003cp>[aside postID=news_11823531,news_11823146 label='Related Coverage']\u003c/p>\n\u003cp>The president of the San Francisco Police Officers' Association said all crime victims should receive support but called the move a political ploy by Boudin, whom the union considers too lenient.\u003c/p>\n\u003cp>\"He hasn't looked to expand services or seek justice for rape victims, for assault victims, or robbery victims in our city,\" Tony Montoya said in a statement. \"He's done the opposite by refusing to hold criminals accountable.\"\u003c/p>\n\u003cp>Monterrosa's family, who live in San Francisco, will now be eligible for up to $7,500 for funeral services and up to $5,000 in medical bills, as well as financial help with counseling and relocation costs, said Gena Castro Rodriguez, chief of the district attorney's Victims Service Division.\u003c/p>\n\u003cp>Lucy Lang, director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice, said the dollar amounts may not do \"any real massive system repair,\" but it sends a message that society needs to rethink how it sees victims of police violence.\u003c/p>\n\u003cp>\"Any policy that recognizes the incredible trauma of surviving a violent crime is a step in the right direction,\" she said. \"And that is all the more true for people who lose loved ones to police violence.\"\u003c/p>\n\u003cp>Boudin said his office will keep prosecuting cases of obstruction against police who are acting lawfully, but the new policy expands resources for victims, their families and witnesses to police violence.\u003c/p>\n\u003cp>The district attorney's office would have jurisdiction in cases where the violence occurred in San Francisco, or to a San Francisco resident.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED's Holly McDede.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Victims and witnesses of police violence will be eligible for funeral expenses, help with medical bills, counseling and other services under a policy San Francisco's top prosecutor announced Tuesday.\u003c/p>\n\u003cp>The policy change by District Attorney Chesa Boudin comes as the nation reels from the deaths of George Floyd and other African American and Latino people at the hands of police, including two recent fatal shootings in the Bay Area.\u003c/p>\n\u003cp>Boudin's office and supporters said the policy may be the first in the country.\u003c/p>\n\u003cp>Boudin, a former deputy public defender who won office last year as part of a national wave of progressive-minded prosecutors, said it is essential that victims of police violence receive the help that any other crime victim would receive.\u003c/p>\n\u003cp>\"The bottom line is that people should not have to rely on a GoFundMe page to pay for a funeral of their son or daughter when they've been killed by law enforcement,\" Boudin said.\u003c/p>\n\u003cp>\"We need to recognize that in instances where law enforcement uses force that’s excessive, or when law enforcement kills unnecessarily, there are often reports written suggesting the victim was the perpetrator. That history needs to change.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The policy change aims to backfill state compensation laws that exclude victims who lack law enforcement corroboration for the crimes they were subjected to or who were perceived to have contributed to the violence, his office said. Boudin's office will allow corroboration through medical records and other documents.\u003c/p>\n\u003cp>\"Folks from black, brown and disenfranchised communities are not often acknowledged as victims. They're often seen as complicit in their own victimization, stripped of their identity altogether,\" said Tinisch Hollins, California director for Crime Survivors for Safety and Justice, who joined Boudin at a press conference.\u003c/p>\n\u003cp>She said she has heard from the family of 22-year-old Sean Monterrosa, who was \u003ca href=\"https://www.kqed.org/news/11823146/state-attorney-general-to-review-and-reform-vallejo-police-department-following-fatal-shooting\">killed by police in Vallejo last week\u003c/a> when they responded to reports of a break-in at a drug store. An officer fired five times through the window of his own patrol car, hitting a kneeling Monterrosa, who had no firearm, only a hammer.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The president of the San Francisco Police Officers' Association said all crime victims should receive support but called the move a political ploy by Boudin, whom the union considers too lenient.\u003c/p>\n\u003cp>\"He hasn't looked to expand services or seek justice for rape victims, for assault victims, or robbery victims in our city,\" Tony Montoya said in a statement. \"He's done the opposite by refusing to hold criminals accountable.\"\u003c/p>\n\u003cp>Monterrosa's family, who live in San Francisco, will now be eligible for up to $7,500 for funeral services and up to $5,000 in medical bills, as well as financial help with counseling and relocation costs, said Gena Castro Rodriguez, chief of the district attorney's Victims Service Division.\u003c/p>\n\u003cp>Lucy Lang, director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice, said the dollar amounts may not do \"any real massive system repair,\" but it sends a message that society needs to rethink how it sees victims of police violence.\u003c/p>\n\u003cp>\"Any policy that recognizes the incredible trauma of surviving a violent crime is a step in the right direction,\" she said. \"And that is all the more true for people who lose loved ones to police violence.\"\u003c/p>\n\u003cp>Boudin said his office will keep prosecuting cases of obstruction against police who are acting lawfully, but the new policy expands resources for victims, their families and witnesses to police violence.\u003c/p>\n\u003cp>The district attorney's office would have jurisdiction in cases where the violence occurred in San Francisco, or to a San Francisco resident.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED's Holly McDede.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cb>George Floyd’s Killing Spurs SF DA’s New Push for Police Accountability\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, San Francisco District Attorney Chesa Boudin unveiled a proposal that would require the city’s Civil Service Commission to ban the San Francisco Police Department and Sheriff’s Department from hiring officers with prior misconduct records. Supervisor Shamann Walton introduced the proposal on Tuesday as a resolution co-sponsored by seven other supervisors. Walton and Boudin claim that this new policy change would boost police accountability and protect the public from police misconduct. On Monday, Boudin joined four other current and former prosecutors in asking the California State Bar to prohibit district attorneys from accepting campaign donations from police unions. Boudin and the other prosecutors cited the killing of George Floyd, an unarmed black man by Minneapolis police officers, for their support of the proposal. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Chesa Boudin, San Francisco district attorney\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Future of Policing\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">When cases of police violence against black people become public,\u003c/span> \u003cspan style=\"font-weight: 400\">protests often follow. There is talk of police reform, including the need for implicit bias training and reducing the use of force, in order to prevent such travesties from occurring again. In recent years, however, many protest leaders and some academics have increasingly called for more drastic change — through slashing funding for law enforcement. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Alex Vitale, professor of sociology, Brooklyn College\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Jody David Armour, professor of law, USC Gould School of Law\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Protesting Amid the Pandemic\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">The public outrage to George Floyd’s killing has motivated tens of thousands of people across the nation to protest, even in the midst of a pandemic. Transmission of the coronavirus is highest in closed spaces with poor ventilation and while being in close proximity to a carrier. While most of the protests have been outdoors and many protesters are wearing face coverings, social distancing is difficult to do in a large crowd. But racial inequality also results in poor health outcomes that are reflected in higher COVID-19 mortality rates among blacks and Latinos. Prolonged periods of stress can also result in poor maternal health for pregnant women, which is a growing concern for clinicians treating pregnant women during the pandemic. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Dr. Rachel Hartshorn, East Bay obstetrician/gynecologist\u003c/span>\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>George Floyd’s Killing Spurs SF DA’s New Push for Police Accountability\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, San Francisco District Attorney Chesa Boudin unveiled a proposal that would require the city’s Civil Service Commission to ban the San Francisco Police Department and Sheriff’s Department from hiring officers with prior misconduct records. Supervisor Shamann Walton introduced the proposal on Tuesday as a resolution co-sponsored by seven other supervisors. Walton and Boudin claim that this new policy change would boost police accountability and protect the public from police misconduct. On Monday, Boudin joined four other current and former prosecutors in asking the California State Bar to prohibit district attorneys from accepting campaign donations from police unions. Boudin and the other prosecutors cited the killing of George Floyd, an unarmed black man by Minneapolis police officers, for their support of the proposal. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Chesa Boudin, San Francisco district attorney\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Future of Policing\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">When cases of police violence against black people become public,\u003c/span> \u003cspan style=\"font-weight: 400\">protests often follow. There is talk of police reform, including the need for implicit bias training and reducing the use of force, in order to prevent such travesties from occurring again. In recent years, however, many protest leaders and some academics have increasingly called for more drastic change — through slashing funding for law enforcement. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Alex Vitale, professor of sociology, Brooklyn College\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Jody David Armour, professor of law, USC Gould School of Law\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Protesting Amid the Pandemic\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">The public outrage to George Floyd’s killing has motivated tens of thousands of people across the nation to protest, even in the midst of a pandemic. Transmission of the coronavirus is highest in closed spaces with poor ventilation and while being in close proximity to a carrier. While most of the protests have been outdoors and many protesters are wearing face coverings, social distancing is difficult to do in a large crowd. But racial inequality also results in poor health outcomes that are reflected in higher COVID-19 mortality rates among blacks and Latinos. Prolonged periods of stress can also result in poor maternal health for pregnant women, which is a growing concern for clinicians treating pregnant women during the pandemic. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>While most people and businesses are practicing social distancing, ICE \u003ca href=\"https://www.desertsun.com/story/news/health/2020/03/27/coronavirus-calls-ice-protect-immigrant-detainees-grow-louder/2914194001/\">continues to house immigrants in crowded detention centers\u003c/a>.\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin wants Gov. Gavin Newsom to \u003ca href=\"http://bit.ly/fioreicecoronavirus\">shut down federal immigration detention facilities\u003c/a> in California over concerns that coronavirus will spread rapidly among the detainees.\u003c/p>\n\u003cp>Remember, the vast majority of these detainees have no criminal convictions and would have been released while awaiting their court date were it not for the Trump administration’s hard-line immigration policies.\u003c/p>\n\u003cp>Now Trump’s zero tolerance policies that led to children being ripped from the arms of their parents may also lead to deaths of non-violent immigrant detainees.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"disqusTitle": "San Francisco DA Joins Calls to Release ICE Detainees During Pandemic",
"title": "San Francisco DA Joins Calls to Release ICE Detainees During Pandemic",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>San Francisco District Attorney Chesa Boudin called on Gov. Gavin Newsom Thursday to use his executive authority to shut down federal immigration detention centers in California to protect public health during the coronavirus pandemic.\u003c/p>\n\u003cp>The call came amid a growing outcry by medical experts, immigrant advocates and a former director of U.S. Immigration and Customs Enforcement (ICE) over the potential danger of COVID-19 in ICE detention facilities. And it followed a lawsuit filed by 13 medically vulnerable detained immigrants in California, calling on ICE to release them.\u003c/p>\n\u003cp>Also Thursday, U.S. Sen. Dianne Feinstein released a \u003ca href=\"https://www.feinstein.senate.gov/public/_cache/files/0/9/0979f829-5357-4445-bb38-b98f47830583/280AF56FBFEB41A5FBAD5C414F21993E.2020.03.25-doj-immigration-courts.pdf\">letter\u003c/a> she sent to Attorney General William Barr, calling for the U.S. Department of Justice to suspend all immigration court hearings during the pandemic.\u003c/p>\n\u003cp>Boudin said San Francisco has safely reduced its jail population by 25 percent over the past three weeks. And he said releasing some of the 38,000 people currently detained by ICE nationwide should be easier because immigration custody is a form of civil, not criminal, detention.\u003c/p>\n\u003cp>“When someone dies in immigration detention, their blood will be on our hands,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Boudin said he believes Newsom could use an executive order to ban the use of private detention centers. Four ICE facilities in California are operated by private prison companies.\u003c/p>\n\u003cp>He also called on the governor to order state prisons to stop handing over inmates to ICE, adding that California prisons hold approximately 11,000 people who, under current policy, will be handed over to ICE after they have served their criminal sentences.\u003c/p>\n\u003cp>“That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic,” said Boudin.\u003c/p>\n\u003cp>Newsom’s press secretary Vicky Waters would not comment on whether the governor would consider such steps, but she said in a statement: “The federal government has exclusive authority over immigration law, but as we continue to grapple with the COVID-19 outbreak, we want everyone in the state to know that their health and welfare is our top priority.”\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Chesa Boudin, San Francisco District Attorney\"]'That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic.'[/pullquote]\u003c/p>\n\u003cp>Meanwhile, advocates in California and across the country voiced concern that an outbreak of COVID-19 inside any of the nation’s 138 ICE detention facilities could affect not just the immigrants and staff inside, but also the families and communities that ICE employees return to at the end of their shifts, and the hospitals where patients from ICE facilities would be taken for care.\u003c/p>\n\u003cp>As of Thursday evening, ICE \u003ca href=\"https://www.ice.gov/covid19\">reported\u003c/a> two confirmed cases of COVID-19 among people held in detention in Newark and Hackensack, New Jersey. Three employees at ICE detention facilities also had confirmed cases — in Elizabeth, New Jersey, Aurora, Colorado and Houston, Texas.\u003c/p>\n\u003cp>“Crowded detention facilities are ideal incubators for disease, threatening the health not just of the detained, but of surrounding communities,” said Sandro Galea, dean of the Boston University School of Public Health. “To safeguard public health, nonviolent detainees should be released and allowed to self-isolate.”\u003c/p>\n\u003cp>That proposal was echoed by John Sandweg, a former acting director of ICE who served under President Barack Obama.\u003c/p>\n\u003cp>“The design of these facilities requires inmates to remain in close contact with one another — the opposite of the social distancing now recommended for stopping the spread of the lethal coronavirus,” Sandweg wrote in a \u003ca href=\"https://www.theatlantic.com/ideas/archive/2020/03/release-ice-detainees/608536/\">column\u003c/a> in The Atlantic earlier this week.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"coronavirus\"]\u003c/p>\n\u003cp>“By releasing from custody the thousands of detainees who pose no threat to public safety and do not constitute an unmanageable flight risk, ICE can reduce the overcrowding of its detention centers, and thus make them safer,” he said.\u003c/p>\n\u003cp>Infectious diseases have surged through ICE detention centers in the past, including an outbreak of mumps last year that sickened more than 900 inmates and staff at 57 facilities, \u003ca href=\"https://www.businessinsider.com/mumps-sickens-hundreds-of-detained-migrants-in-19-states-2019-8\">according to the Associated Press\u003c/a>.\u003c/p>\n\u003cp>Detention Watch Network, an advocacy group for immigrants in ICE custody, called for the immediate release of all detained immigrants.\u003c/p>\n\u003cp>Fearing coronavirus infection, 13 detained immigrants in California \u003ca href=\"https://www.aclunc.org/sites/default/files/Demands_ICE_Release_Immigrants_2020.03.24.pdf\">filed suit\u003c/a> against ICE last week in federal district court in San Francisco. The detainees are held in Yuba County Jail, in Marysville, and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield operated by the GEO Group.\u003c/p>\n\u003cp>The plaintiffs called on ICE to release them because of their advanced age and underlying medical conditions — which they believe puts them at risk of death if they contract COVID-19. They said they are being held in crowded and unsanitary conditions where they are denied the ability to protect themselves.\u003c/p>\n\u003cp>One plaintiff, Sofia Bahena Ortuno, a 64-year-old farmworker and grandmother who said she suffers from hypothyroidism and diabetes, was released the same day the lawsuit was filed, according to her lawyers.\u003c/p>\n\u003cp>The lawsuit was filed by the American Civil Liberties Union, along with the Lawyers Committee for Civil Rights, the San Francisco Public Defender’s Office and Lakin & Wille, LLP. In recent days the ACLU has also brought suit on behalf of ICE detainees in Washington state, Massachusetts, Maryland and Pennsylvania.\u003c/p>\n\u003cp>ICE officials would not comment on the lawsuit or speak on the record about the fear among detainees and their advocates of COVID-19 outbreaks in detention. An ICE spokesman directed KQED to the \u003ca href=\"https://www.ice.gov/covid19\">agency's coronavirus webpage\u003c/a>.\u003c/p>\n\u003cp>The website states that “ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees.”\u003c/p>\n\u003cp>ICE has suspended visits by friends and family members and “is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus,” the website said.\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Sen. Dianne Feinstein\"]'Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically. The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.'[/pullquote]\u003c/p>\n\u003cp>Also on Thursday, lawyers representing children in immigration custody asked a federal judge in Los Angeles for an order requiring the government to release every child to a guardian within seven days or explain why it didn’t to a court-appointed monitor. The lawyers also asked the judge to require that children and families be held in “non-congregate” settings or else provide detained children and parents the ability to keep six feet of distance from others and to freely wash their hands with soap and water.\u003c/p>\n\u003cp>Meanwhile, Feinstein called on the U.S. Department of Justice and its Executive Office of Immigration Review (EOIR), to temporarily close the nation’s immigration courts for hearings.\u003c/p>\n\u003cp>“Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically,” wrote Feinstein. “The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.”\u003c/p>\n\u003cp>Her letter follows a similar call by the nation’s immigration judges, the ICE lawyers union and the American Immigration Lawyers Association.\u003c/p>\n\u003cp>Last week, the agency announced that it was suspending hearings through April 10 for people who are not in ICE detention. And on Monday, EOIR announced that hearings through April 23 would be postponed for asylum seekers forced to wait in Mexico under the U.S. government’s Migrant Protection Protocols.\u003c/p>\n\u003cp>On Thursday evening, the agency issued a statement saying EOIR’s current operations are in line with most other federal courts.\u003c/p>\n\u003cp>“Recognizing that cases of detained individuals may implicate unique constitutional concerns and raise particular issues of public safety, personal liberty, and due process, few federal courts have closed completely,” the statement said. “EOIR is similarly continuing to receive filings and to hold hearings for detained aliens while monitoring and minimizing risks presented by COVID-19.”\u003c/p>\n\u003cp>The agency said even though immigration courts are open, they are not conducting work that involves the presence of the general public. And EOIR is encouraging the use of video and telephone appearances at hearings and electronic filing or U.S. mail delivery of documents.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>On Thursday, 55 of the nation’s 69 immigration courts \u003ca href=\"https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic\">remained open\u003c/a> in this manner.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Chesa Boudin called on Gov. Gavin Newsom Thursday to use his executive authority to shut down federal immigration detention centers in California to protect public health during the coronavirus pandemic.\u003c/p>\n\u003cp>The call came amid a growing outcry by medical experts, immigrant advocates and a former director of U.S. Immigration and Customs Enforcement (ICE) over the potential danger of COVID-19 in ICE detention facilities. And it followed a lawsuit filed by 13 medically vulnerable detained immigrants in California, calling on ICE to release them.\u003c/p>\n\u003cp>Also Thursday, U.S. Sen. Dianne Feinstein released a \u003ca href=\"https://www.feinstein.senate.gov/public/_cache/files/0/9/0979f829-5357-4445-bb38-b98f47830583/280AF56FBFEB41A5FBAD5C414F21993E.2020.03.25-doj-immigration-courts.pdf\">letter\u003c/a> she sent to Attorney General William Barr, calling for the U.S. Department of Justice to suspend all immigration court hearings during the pandemic.\u003c/p>\n\u003cp>Boudin said San Francisco has safely reduced its jail population by 25 percent over the past three weeks. And he said releasing some of the 38,000 people currently detained by ICE nationwide should be easier because immigration custody is a form of civil, not criminal, detention.\u003c/p>\n\u003cp>“When someone dies in immigration detention, their blood will be on our hands,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Boudin said he believes Newsom could use an executive order to ban the use of private detention centers. Four ICE facilities in California are operated by private prison companies.\u003c/p>\n\u003cp>He also called on the governor to order state prisons to stop handing over inmates to ICE, adding that California prisons hold approximately 11,000 people who, under current policy, will be handed over to ICE after they have served their criminal sentences.\u003c/p>\n\u003cp>“That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic,” said Boudin.\u003c/p>\n\u003cp>Newsom’s press secretary Vicky Waters would not comment on whether the governor would consider such steps, but she said in a statement: “The federal government has exclusive authority over immigration law, but as we continue to grapple with the COVID-19 outbreak, we want everyone in the state to know that their health and welfare is our top priority.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meanwhile, advocates in California and across the country voiced concern that an outbreak of COVID-19 inside any of the nation’s 138 ICE detention facilities could affect not just the immigrants and staff inside, but also the families and communities that ICE employees return to at the end of their shifts, and the hospitals where patients from ICE facilities would be taken for care.\u003c/p>\n\u003cp>As of Thursday evening, ICE \u003ca href=\"https://www.ice.gov/covid19\">reported\u003c/a> two confirmed cases of COVID-19 among people held in detention in Newark and Hackensack, New Jersey. Three employees at ICE detention facilities also had confirmed cases — in Elizabeth, New Jersey, Aurora, Colorado and Houston, Texas.\u003c/p>\n\u003cp>“Crowded detention facilities are ideal incubators for disease, threatening the health not just of the detained, but of surrounding communities,” said Sandro Galea, dean of the Boston University School of Public Health. “To safeguard public health, nonviolent detainees should be released and allowed to self-isolate.”\u003c/p>\n\u003cp>That proposal was echoed by John Sandweg, a former acting director of ICE who served under President Barack Obama.\u003c/p>\n\u003cp>“The design of these facilities requires inmates to remain in close contact with one another — the opposite of the social distancing now recommended for stopping the spread of the lethal coronavirus,” Sandweg wrote in a \u003ca href=\"https://www.theatlantic.com/ideas/archive/2020/03/release-ice-detainees/608536/\">column\u003c/a> in The Atlantic earlier this week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“By releasing from custody the thousands of detainees who pose no threat to public safety and do not constitute an unmanageable flight risk, ICE can reduce the overcrowding of its detention centers, and thus make them safer,” he said.\u003c/p>\n\u003cp>Infectious diseases have surged through ICE detention centers in the past, including an outbreak of mumps last year that sickened more than 900 inmates and staff at 57 facilities, \u003ca href=\"https://www.businessinsider.com/mumps-sickens-hundreds-of-detained-migrants-in-19-states-2019-8\">according to the Associated Press\u003c/a>.\u003c/p>\n\u003cp>Detention Watch Network, an advocacy group for immigrants in ICE custody, called for the immediate release of all detained immigrants.\u003c/p>\n\u003cp>Fearing coronavirus infection, 13 detained immigrants in California \u003ca href=\"https://www.aclunc.org/sites/default/files/Demands_ICE_Release_Immigrants_2020.03.24.pdf\">filed suit\u003c/a> against ICE last week in federal district court in San Francisco. The detainees are held in Yuba County Jail, in Marysville, and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield operated by the GEO Group.\u003c/p>\n\u003cp>The plaintiffs called on ICE to release them because of their advanced age and underlying medical conditions — which they believe puts them at risk of death if they contract COVID-19. They said they are being held in crowded and unsanitary conditions where they are denied the ability to protect themselves.\u003c/p>\n\u003cp>One plaintiff, Sofia Bahena Ortuno, a 64-year-old farmworker and grandmother who said she suffers from hypothyroidism and diabetes, was released the same day the lawsuit was filed, according to her lawyers.\u003c/p>\n\u003cp>The lawsuit was filed by the American Civil Liberties Union, along with the Lawyers Committee for Civil Rights, the San Francisco Public Defender’s Office and Lakin & Wille, LLP. In recent days the ACLU has also brought suit on behalf of ICE detainees in Washington state, Massachusetts, Maryland and Pennsylvania.\u003c/p>\n\u003cp>ICE officials would not comment on the lawsuit or speak on the record about the fear among detainees and their advocates of COVID-19 outbreaks in detention. An ICE spokesman directed KQED to the \u003ca href=\"https://www.ice.gov/covid19\">agency's coronavirus webpage\u003c/a>.\u003c/p>\n\u003cp>The website states that “ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees.”\u003c/p>\n\u003cp>ICE has suspended visits by friends and family members and “is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus,” the website said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically. The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Also on Thursday, lawyers representing children in immigration custody asked a federal judge in Los Angeles for an order requiring the government to release every child to a guardian within seven days or explain why it didn’t to a court-appointed monitor. The lawyers also asked the judge to require that children and families be held in “non-congregate” settings or else provide detained children and parents the ability to keep six feet of distance from others and to freely wash their hands with soap and water.\u003c/p>\n\u003cp>Meanwhile, Feinstein called on the U.S. Department of Justice and its Executive Office of Immigration Review (EOIR), to temporarily close the nation’s immigration courts for hearings.\u003c/p>\n\u003cp>“Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically,” wrote Feinstein. “The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.”\u003c/p>\n\u003cp>Her letter follows a similar call by the nation’s immigration judges, the ICE lawyers union and the American Immigration Lawyers Association.\u003c/p>\n\u003cp>Last week, the agency announced that it was suspending hearings through April 10 for people who are not in ICE detention. And on Monday, EOIR announced that hearings through April 23 would be postponed for asylum seekers forced to wait in Mexico under the U.S. government’s Migrant Protection Protocols.\u003c/p>\n\u003cp>On Thursday evening, the agency issued a statement saying EOIR’s current operations are in line with most other federal courts.\u003c/p>\n\u003cp>“Recognizing that cases of detained individuals may implicate unique constitutional concerns and raise particular issues of public safety, personal liberty, and due process, few federal courts have closed completely,” the statement said. “EOIR is similarly continuing to receive filings and to hold hearings for detained aliens while monitoring and minimizing risks presented by COVID-19.”\u003c/p>\n\u003cp>The agency said even though immigration courts are open, they are not conducting work that involves the presence of the general public. And EOIR is encouraging the use of video and telephone appearances at hearings and electronic filing or U.S. mail delivery of documents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Thursday, 55 of the nation’s 69 immigration courts \u003ca href=\"https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic\">remained open\u003c/a> in this manner.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>An undocumented man was detained by federal immigration authorities this week in front of the San Francisco Hall of Justice, where the criminal courts are located. The arrest was strongly condemned by the city’s public defender and district attorney, who say courthouses should be off limits to immigration enforcement.\u003c/p>\n\u003cp>The San Francisco resident was on his way to a court hearing at 850 Bryant St. when he was arrested by U.S. Immigration and Customs Enforcement agents — the first such arrest in the city, said the Public Defender’s Office.\u003c/p>\n\u003cp>“This undermines community trust and public safety,” said San Francisco Public Defender Mano Raju. “It does deter people from coming to court.”\u003c/p>\n\u003cp>Last month, ICE agents also \u003ca href=\"https://www.sfchronicle.com/crime/article/ICE-arrests-3-at-Sonoma-County-courthouse-local-15067595.php\">detained two men\u003c/a> at the Sonoma County Superior Court. [aside tag=\"immigration\" label=\"related coverage\"]\u003c/p>\n\u003cp>The courthouse arrests come as the Trump administration has renewed efforts to counter sanctuary jurisdictions, arguing they interfere with federal immigration enforcement.\u003c/p>\n\u003cp>This week, President Trump said the federal government will begin \u003ca href=\"https://thehill.com/homenews/administration/486078-trump-government-will-start-withholding-funds-from-sanctuary-cities\">withholding grants\u003c/a> from sanctuary cities and states, after an appeals court in Manhattan ruled they have the authority to do so. U.S. Attorney General William Barr \u003ca href=\"https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-national-sheriffs-association-winter\">said\u003c/a> last month that public areas of courthouses must be accessible to federal law enforcement officers.\u003c/p>\n\u003cp>A California law that took effect this year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB668\">Assembly Bill 668\u003c/a>, which prohibits civil arrests in courthouses without a judicial warrant, which the agents did not have.\u003c/p>\n\u003cp>“California law explicitly forbids a civil enforcement agency like ICE from making a civil arrest without warrant outside of a courthouse,” Raju said.\u003c/p>\n\u003cp>But the Trump administration argues that immigration agents have the authority to make courthouse arrests without judicial warrants. While ICE generally avoids immigration enforcement at “\u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\">sensitive locations\u003c/a>” such as schools, churches and hospitals, it does not treat courthouses that way.\u003c/p>\n\u003cp>The undocumented Mexican national who was detained in San Francisco on Tuesday had three felony convictions for second-degree burglary from 2016, 2017 and 2019, according to ICE. The agency identified him as 43-year-old Alberto Uc Ponce.\u003c/p>\n\u003cp>The agency said it arrested him near the courthouse because local law enforcement had refused to turn him over to ICE several times. The agency said local jurisdictions that don’t cooperate with ICE are likely to see an increase of arrests in the community, as agents are less able to detain immigrants at jails.\u003c/p>\n\u003cp>David Jennings, field office director for ICE in San Francisco, blamed sanctuary policies.\u003c/p>\n\u003cp>“Criminals like this individual are released to reoffend again and again,” said Jennings in a statement. “A simple phone call to ICE to arrange the secure transfer of such individuals would serve the hard-working residents of the city far more than a misguided sanctuary policy that, as proven here and numerous times in the past, goes to great lengths to protect criminals under the guise of protecting the citizenry.” [ad fullwidth]\u003c/p>\n\u003cp>California’s sanctuary law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">Senate Bill 54\u003c/a>, prohibits local police, sheriffs and jail officials from handing over immigrants to ICE, unless they have been convicted of serious felonies or other crimes, including burglary.\u003c/p>\n\u003cp>The man’s attorney at the Public Defender’s Office, Emilou MacLean, declined to comment on her client’s criminal history, or whether he was protected by SB 54.\u003c/p>\n\u003cp>“This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing,” said MacLean in an email. [pullquote size='medium' align='right' citation='Attorney Emilou MacLean']'This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing'[/pullquote]\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin also called for ICE to stop making arrests at courthouses.\u003c/p>\n\u003cp>“ICE actions in or near our courthouses deters people from accessing our justice system, making us all less safe,” Boudin said.\u003c/p>\n\u003cp>But Jennings, the ICE field office director, said federal immigration agents are not bound by California's law against courthouse arrests.\u003c/p>\n\u003cp>“California Assembly Bill 668 cannot and will not govern the conduct of federal officers acting pursuant to duly-enacted laws passed by Congress that provide the authority to make administrative arrests of removable aliens inside the United States,” he said.\u003c/p>\n\u003cp>Assemblywoman Lorena Gonzalez, D-San Diego, who authored AB 668, said President Trump’s “aggressive immigration policies are making all of our communities less safe.”\u003c/p>\n\u003cp>“When people don’t feel safe showing up to court to act as a witness, pay a fine or file papers — the system is broken,” she said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The courthouse arrests come as the Trump administration has renewed efforts to counter sanctuary jurisdictions, arguing they interfere with federal immigration enforcement.\u003c/p>\n\u003cp>This week, President Trump said the federal government will begin \u003ca href=\"https://thehill.com/homenews/administration/486078-trump-government-will-start-withholding-funds-from-sanctuary-cities\">withholding grants\u003c/a> from sanctuary cities and states, after an appeals court in Manhattan ruled they have the authority to do so. U.S. Attorney General William Barr \u003ca href=\"https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-national-sheriffs-association-winter\">said\u003c/a> last month that public areas of courthouses must be accessible to federal law enforcement officers.\u003c/p>\n\u003cp>A California law that took effect this year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB668\">Assembly Bill 668\u003c/a>, which prohibits civil arrests in courthouses without a judicial warrant, which the agents did not have.\u003c/p>\n\u003cp>“California law explicitly forbids a civil enforcement agency like ICE from making a civil arrest without warrant outside of a courthouse,” Raju said.\u003c/p>\n\u003cp>But the Trump administration argues that immigration agents have the authority to make courthouse arrests without judicial warrants. While ICE generally avoids immigration enforcement at “\u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\">sensitive locations\u003c/a>” such as schools, churches and hospitals, it does not treat courthouses that way.\u003c/p>\n\u003cp>The undocumented Mexican national who was detained in San Francisco on Tuesday had three felony convictions for second-degree burglary from 2016, 2017 and 2019, according to ICE. The agency identified him as 43-year-old Alberto Uc Ponce.\u003c/p>\n\u003cp>The agency said it arrested him near the courthouse because local law enforcement had refused to turn him over to ICE several times. The agency said local jurisdictions that don’t cooperate with ICE are likely to see an increase of arrests in the community, as agents are less able to detain immigrants at jails.\u003c/p>\n\u003cp>David Jennings, field office director for ICE in San Francisco, blamed sanctuary policies.\u003c/p>\n\u003cp>“Criminals like this individual are released to reoffend again and again,” said Jennings in a statement. “A simple phone call to ICE to arrange the secure transfer of such individuals would serve the hard-working residents of the city far more than a misguided sanctuary policy that, as proven here and numerous times in the past, goes to great lengths to protect criminals under the guise of protecting the citizenry.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>California’s sanctuary law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">Senate Bill 54\u003c/a>, prohibits local police, sheriffs and jail officials from handing over immigrants to ICE, unless they have been convicted of serious felonies or other crimes, including burglary.\u003c/p>\n\u003cp>The man’s attorney at the Public Defender’s Office, Emilou MacLean, declined to comment on her client’s criminal history, or whether he was protected by SB 54.\u003c/p>\n\u003cp>“This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing,” said MacLean in an email. \u003c/p>\u003c/div>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"tagline": "Art is where you find it",
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"soldout": {
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"info": "Tech Nation is a weekly public radio program, hosted by Dr. Moira Gunn. Founded in 1993, it has grown from a simple interview show to a multi-faceted production, featuring conversations with noted technology and science leaders, and a weekly science and technology-related commentary.",
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"title": "TED Radio Hour",
"info": "The TED Radio Hour is a journey through fascinating ideas, astonishing inventions, fresh approaches to old problems, and new ways to think and create.",
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