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"content": "\u003cp>San Francisco District Attorney George Gascón resigned on Thursday, saying he will step down later in October to explore a run for Los Angeles district attorney.\u003c/p>\n\u003cp>Gascón's surprise announcement comes one month before San Francisco voters choose a new district attorney, and gives Mayor London Breed the opportunity to appoint someone ahead of the Nov. 5 election.\u003c/p>\n\u003cp>Breed, in a written statement, suggested she will do just that.\u003c/p>\n\u003cp>\"People depend on the District Attorney to keep our residents and communities safe each and every day,\" she said. \"We can't afford to have an absence of leadership in the DA's Office because victims of crime need to be represented and people who commit crimes in our city need to be held accountable.”\u003c/p>\n\u003cp>[aside postID=\"news_11754220,news_11750997\" label=\"Related coverage\"]\u003c/p>\n\u003cp>Breed has already endorsed former S.F. prosecutor Suzy Loftus in the district attorney's race. Loftus, a lawyer for the San Francisco Sheriff's Department, is running against Deputy Public Defender Chesa Boudin, Alameda County prosecutor Nancy Tung and Deputy State Attorney General Leif Dautch.\u003c/p>\n\u003cp>Gascón \u003ca href=\"https://www.kqed.org/news/11696186/san-francisco-district-attorney-george-gascon-wont-seek-third-term\">announced last October\u003c/a> that he wouldn't seek another term, citing the ailing health of his mother, who lives in L.A. He has been toying with a run in his native Los Angeles for months, and wrote in an email to supporters today that it's \"time for me to move on to a new opportunity.\"\u003c/p>\n\u003cp>\"Moments ago, I tendered my resignation to the Mayor, effective Friday, October 18 at 6 PM,\" he wrote. \"At that time, Cristine Soto DeBerry will temporarily assume my duties until a new District Attorney is elected by the voters or appointed by the Mayor.\"\u003c/p>\n\u003cp>Gascon went on to write that he and his wife will return to L.A. \"to rejoin our family and explore a run for District Attorney. Making our communities safer and more equitable remains my life’s work, and I’m simply not ready to slow down and put public service behind me.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney George Gascón resigned on Thursday, saying he will step down later in October to explore a run for Los Angeles district attorney.\u003c/p>\n\u003cp>Gascón's surprise announcement comes one month before San Francisco voters choose a new district attorney, and gives Mayor London Breed the opportunity to appoint someone ahead of the Nov. 5 election.\u003c/p>\n\u003cp>Breed, in a written statement, suggested she will do just that.\u003c/p>\n\u003cp>\"People depend on the District Attorney to keep our residents and communities safe each and every day,\" she said. \"We can't afford to have an absence of leadership in the DA's Office because victims of crime need to be represented and people who commit crimes in our city need to be held accountable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Breed has already endorsed former S.F. prosecutor Suzy Loftus in the district attorney's race. Loftus, a lawyer for the San Francisco Sheriff's Department, is running against Deputy Public Defender Chesa Boudin, Alameda County prosecutor Nancy Tung and Deputy State Attorney General Leif Dautch.\u003c/p>\n\u003cp>Gascón \u003ca href=\"https://www.kqed.org/news/11696186/san-francisco-district-attorney-george-gascon-wont-seek-third-term\">announced last October\u003c/a> that he wouldn't seek another term, citing the ailing health of his mother, who lives in L.A. He has been toying with a run in his native Los Angeles for months, and wrote in an email to supporters today that it's \"time for me to move on to a new opportunity.\"\u003c/p>\n\u003cp>\"Moments ago, I tendered my resignation to the Mayor, effective Friday, October 18 at 6 PM,\" he wrote. \"At that time, Cristine Soto DeBerry will temporarily assume my duties until a new District Attorney is elected by the voters or appointed by the Mayor.\"\u003c/p>\n\u003cp>Gascon went on to write that he and his wife will return to L.A. \"to rejoin our family and explore a run for District Attorney. Making our communities safer and more equitable remains my life’s work, and I’m simply not ready to slow down and put public service behind me.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>In a first-of-its kind experiment, San Francisco prosecutors are turning to artificial intelligence to reduce racial bias in the courts, adopting a system that strips certain identifying details from police reports and leaves only key facts to govern charging decisions.\u003c/p>\n\u003cp>District Attorney George Gascón announced Wednesday that his office will begin using the technology in July to “take race out of the equation” when deciding whether to accuse suspects of a crime.\u003c/p>\n\u003cp>Criminal justice experts say they have never heard of any project like it, and they applauded the idea as a creative, bold effort to make charging practices more colorblind.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='San Francisco District Attorney George Gascón']‘If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.’[/pullquote]\u003c/p>\n\u003cp>Gascón’s office worked with data scientists and engineers at the Stanford Computational Policy Lab to develop a system that takes electronic police reports and automatically removes a suspect’s name, race and hair and eye colors. The names of witnesses and police officers will also be removed, along with specific neighborhoods or districts that could indicate the race of those involved.\u003c/p>\n\u003cp>“The criminal justice system has had a horrible impact on people of color in this country, especially African Americans, for generations,” Gascón said in an interview ahead of the announcement. “If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gascón, who leaves office at the end of the year, said his goal was to develop a model that could be used elsewhere, and the technology will be offered free to other prosecutors across the country.\u003c/p>\n\u003cp>“I really commend them, it’s a brave move,” said Lucy Lang, a former New York City prosecutor and executive director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice.\u003c/p>\n\u003cp>The technology relies on humans to collect the initial facts, which can still be influenced by racial bias. Prosecutors will make an initial charging decision based on the redacted police report. Then they will look at the entire report, with details restored, to see if there are any extenuating reasons to reconsider the first decision, Gascón said.\u003c/p>\n\u003cp>[aside postID='news_11753870,news_11750997,news_11742529' label='More on the criminal justice system']\u003c/p>\n\u003cp>Lang and other experts said they look forward to seeing the results and that they expect the system to be a work in progress.\u003c/p>\n\u003cp>“Hats off for trying new stuff,” said Phillip Atiba Goff, president for the \u003ca href=\"https://policingequity.org\" target=\"_blank\" rel=\"noopener\">Center for Policing Equity\u003c/a>. “There are so many contextual factors that might indicate race and ethnicity that it’s hard to imagine how even a human could take that all out.”\u003c/p>\n\u003cp>A 2017 study commissioned by the San Francisco district attorney found “substantial racial and ethnic disparities in criminal justice outcomes.” African Americans represented only 6% of the county’s population but accounted for 41% of arrests between 2008 and 2014.\u003c/p>\n\u003cp>The study found “little evidence of overt bias against any one race or ethnic group” among prosecutors who process criminal offenses. But Gascón said he wanted to find a way to help eliminate an implicit bias that could be triggered by a suspect’s race, an ethnic-sounding name or a crime-ridden neighborhood where they were arrested.\u003c/p>\n\u003cp>After it begins, the program will be reviewed weekly, said Maria McKee, the DA’s director of analytics and research.\u003c/p>\n\u003cp>The move comes after San Francisco last month became the first U.S. city to ban the use of facial recognition by police and other city agencies. The decision reflected a growing backlash against AI technology as cities seek to regulate surveillance by municipal agencies.\u003c/p>\n\u003cp>\u003cem>KQED’s Monica Samayoa contributed reporting to this story\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón, who leaves office at the end of the year, said his goal was to develop a model that could be used elsewhere, and the technology will be offered free to other prosecutors across the country.\u003c/p>\n\u003cp>“I really commend them, it’s a brave move,” said Lucy Lang, a former New York City prosecutor and executive director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice.\u003c/p>\n\u003cp>The technology relies on humans to collect the initial facts, which can still be influenced by racial bias. Prosecutors will make an initial charging decision based on the redacted police report. Then they will look at the entire report, with details restored, to see if there are any extenuating reasons to reconsider the first decision, Gascón said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lang and other experts said they look forward to seeing the results and that they expect the system to be a work in progress.\u003c/p>\n\u003cp>“Hats off for trying new stuff,” said Phillip Atiba Goff, president for the \u003ca href=\"https://policingequity.org\" target=\"_blank\" rel=\"noopener\">Center for Policing Equity\u003c/a>. “There are so many contextual factors that might indicate race and ethnicity that it’s hard to imagine how even a human could take that all out.”\u003c/p>\n\u003cp>A 2017 study commissioned by the San Francisco district attorney found “substantial racial and ethnic disparities in criminal justice outcomes.” African Americans represented only 6% of the county’s population but accounted for 41% of arrests between 2008 and 2014.\u003c/p>\n\u003cp>The study found “little evidence of overt bias against any one race or ethnic group” among prosecutors who process criminal offenses. But Gascón said he wanted to find a way to help eliminate an implicit bias that could be triggered by a suspect’s race, an ethnic-sounding name or a crime-ridden neighborhood where they were arrested.\u003c/p>\n\u003cp>After it begins, the program will be reviewed weekly, said Maria McKee, the DA’s director of analytics and research.\u003c/p>\n\u003cp>The move comes after San Francisco last month became the first U.S. city to ban the use of facial recognition by police and other city agencies. The decision reflected a growing backlash against AI technology as cities seek to regulate surveillance by municipal agencies.\u003c/p>\n\u003cp>\u003cem>KQED’s Monica Samayoa contributed reporting to this story\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "S.F. District Attorney Launches Website Providing Years of Prosecution Data",
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"content": "\u003cp>[aside label=\"related stories\" tag=\"criminal-justice\"]\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón launched a website on Wednesday that provides reams of data on the types of cases his office prosecutes and the outcomes of the ones that go to trial.\u003c/p>\n\u003cp>Showcasing data going back to 2011, when Gascón started his job, \u003ca href=\"https://sfdistrictattorney.org/da-stat-dashboards\" target=\"_blank\" rel=\"noopener\">DA Stat\u003c/a> is a first-of-its-kind effort by a California county prosecutor's office to aggregate performance metrics and make them publicly available, the district attorney said.\u003c/p>\n\u003cp>Gascón said the project is an effort to increase accountability and shed light on a typically opaque part of the criminal justice system. When he started the job, he said, he was shocked by how little data was available, with no comprehensive way to track performance.\u003c/p>\n\u003cp>“It was very obvious to me that here we have a multimillion-dollar public law firm using government and taxpayer resources without really understanding where the money was being invested,” said Gascón, who plans to step down as San Francisco's district attorney at the end of this year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We directly or indirectly impact almost every aspect of our community,\" he added. \"And I think, that being the case, we have a responsibility to put the data out there and have an honest dialogue of what should be done with that very precious resource.\"\u003c/p>\n\u003cp>The website, which was five years in the making, includes three dashboards, updated monthly, with tallies of arrests, prosecutions and types of crimes. It also aggregates trial outcomes by year, since 2014, including conviction rates and average trial lengths.\u003c/p>\n\u003cp>What's not included is demographic information, such as the race, gender and age of defendants, an important layer Gascón hopes his successor will work to add. The data also presents just a small slice of outcomes of the total prosecutions, because the vast majority of cases do not go to trial, but are instead resolved through plea deals or dismissed.\u003c/p>\n\u003cp>Although still a \"work in progress,\" Gascón said, the database underscores how much prosecution priorities have shifted since he took office eight years ago.\u003c/p>\n\u003cp>Most notably, the numbers shows a significant drop in prosecutions of drug crimes, which made up 18% of all felony prosecutions in 2018, down from 52% in 2011.\u003c/p>\n\u003cp>\"Conversely, you see an increasing emphasis on assault and robbery, as opposed to drugs,\" said Maria McKee, head researcher at the DA's office. \"So we’re really de-emphasizing drug prosecutions in favor of prosecuting more serious crimes.”\u003c/p>\n\u003cp>That dramatic drop is due in large part to \u003ca href=\"https://www.kqed.org/news/tag/proposition-47\" target=\"_blank\" rel=\"noopener\">Proposition 47\u003c/a>, a 2014 statewide initiative co-authored by Gascón, which reduced most personal drug possession crimes from felonies to misdemeanors.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe allowfullscreen=\"true\" frameborder=\"0\" height=\"800\" src=\"https://app.powerbigov.us/view?r=eyJrIjoiODEwM2Y5YmUtMjc5Ni00NzRjLWJhNWMtMjIxNzMyNGE3Zjc2IiwidCI6IjIyZDVjMmNmLWNlM2UtNDQzZC05YTdmLWRmY2MwMjMxZjczZiJ9\" width=\"715\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\"Look, I mean this is a report card on me,\" he said. \"You will be able to take that data and use it either way. If you want to whack me because we’re not prosecuting drug addicts, I mean frankly, I say go for it. I welcome that, because you’re right, I’m not. But if you believe prosecutors should be doing that, then I’m a bad prosecutor.\"\u003c/p>\n\u003cp>Gascón, who briefly served as San Francisco's police chief before becoming district attorney, has long pushed for making law enforcement records more publicly available. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1331\" target=\"_blank\" rel=\"noopener\">Assembly Bill 1331\u003c/a>, which he introduced this year with Assemblyman Rob Bonta, D-Oakland, would require local criminal justice agencies throughout the state to more uniformly report their data.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“It's a struggle to access quality data; we want to understand crime numbers statewide,\" he said, noting a lack of consistency in how local agencies report information. \"It’s very difficult to have public policy conversations on the state level or local level if you don’t know what the numbers are.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón launched a website on Wednesday that provides reams of data on the types of cases his office prosecutes and the outcomes of the ones that go to trial.\u003c/p>\n\u003cp>Showcasing data going back to 2011, when Gascón started his job, \u003ca href=\"https://sfdistrictattorney.org/da-stat-dashboards\" target=\"_blank\" rel=\"noopener\">DA Stat\u003c/a> is a first-of-its-kind effort by a California county prosecutor's office to aggregate performance metrics and make them publicly available, the district attorney said.\u003c/p>\n\u003cp>Gascón said the project is an effort to increase accountability and shed light on a typically opaque part of the criminal justice system. When he started the job, he said, he was shocked by how little data was available, with no comprehensive way to track performance.\u003c/p>\n\u003cp>“It was very obvious to me that here we have a multimillion-dollar public law firm using government and taxpayer resources without really understanding where the money was being invested,” said Gascón, who plans to step down as San Francisco's district attorney at the end of this year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We directly or indirectly impact almost every aspect of our community,\" he added. \"And I think, that being the case, we have a responsibility to put the data out there and have an honest dialogue of what should be done with that very precious resource.\"\u003c/p>\n\u003cp>The website, which was five years in the making, includes three dashboards, updated monthly, with tallies of arrests, prosecutions and types of crimes. It also aggregates trial outcomes by year, since 2014, including conviction rates and average trial lengths.\u003c/p>\n\u003cp>What's not included is demographic information, such as the race, gender and age of defendants, an important layer Gascón hopes his successor will work to add. The data also presents just a small slice of outcomes of the total prosecutions, because the vast majority of cases do not go to trial, but are instead resolved through plea deals or dismissed.\u003c/p>\n\u003cp>Although still a \"work in progress,\" Gascón said, the database underscores how much prosecution priorities have shifted since he took office eight years ago.\u003c/p>\n\u003cp>Most notably, the numbers shows a significant drop in prosecutions of drug crimes, which made up 18% of all felony prosecutions in 2018, down from 52% in 2011.\u003c/p>\n\u003cp>\"Conversely, you see an increasing emphasis on assault and robbery, as opposed to drugs,\" said Maria McKee, head researcher at the DA's office. \"So we’re really de-emphasizing drug prosecutions in favor of prosecuting more serious crimes.”\u003c/p>\n\u003cp>That dramatic drop is due in large part to \u003ca href=\"https://www.kqed.org/news/tag/proposition-47\" target=\"_blank\" rel=\"noopener\">Proposition 47\u003c/a>, a 2014 statewide initiative co-authored by Gascón, which reduced most personal drug possession crimes from felonies to misdemeanors.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe allowfullscreen=\"true\" frameborder=\"0\" height=\"800\" src=\"https://app.powerbigov.us/view?r=eyJrIjoiODEwM2Y5YmUtMjc5Ni00NzRjLWJhNWMtMjIxNzMyNGE3Zjc2IiwidCI6IjIyZDVjMmNmLWNlM2UtNDQzZC05YTdmLWRmY2MwMjMxZjczZiJ9\" width=\"715\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\"Look, I mean this is a report card on me,\" he said. \"You will be able to take that data and use it either way. If you want to whack me because we’re not prosecuting drug addicts, I mean frankly, I say go for it. I welcome that, because you’re right, I’m not. But if you believe prosecutors should be doing that, then I’m a bad prosecutor.\"\u003c/p>\n\u003cp>Gascón, who briefly served as San Francisco's police chief before becoming district attorney, has long pushed for making law enforcement records more publicly available. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1331\" target=\"_blank\" rel=\"noopener\">Assembly Bill 1331\u003c/a>, which he introduced this year with Assemblyman Rob Bonta, D-Oakland, would require local criminal justice agencies throughout the state to more uniformly report their data.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“It's a struggle to access quality data; we want to understand crime numbers statewide,\" he said, noting a lack of consistency in how local agencies report information. \"It’s very difficult to have public policy conversations on the state level or local level if you don’t know what the numbers are.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>After a recent controversial raid on a journalist's home and office, an attorney for the San Francisco Police Department said the department would \u003ca href=\"http://bit.ly/fioresfpdreturn\" target=\"_blank\" rel=\"noopener\">return property seized during the search\u003c/a>.\u003c/p>\n\u003cp>The raid that began at Bryan Carmody's Outer Richmond District home on May 10 stemmed from the release of the late Public Defender Jeff Adachi's death report.\u003c/p>\n\u003cp>It seems to me that politicians in San Francisco \u003ca href=\"https://www.kqed.org/news/11748403/breed-shifts-stance-on-raid-over-adachi-leak-i-am-not-okay-with-police-raids-on-reporters\" target=\"_blank\" rel=\"noopener\">have been a little too torn\u003c/a> between defending the memory of Adachi and defending a free press.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>San Francisco District Attorney George Gascón on Monday joined a growing chorus of city leaders who are pushing back against the police raid on a freelance journalist's home earlier this month.[aside tag='bryan-carmody' label='More Coverage of the SFPD Raid']\u003c/p>\n\u003cp>In his first statement on the May 10 search of the home and office of Bryan Carmody over a leaked police report about the February death of Public Defender Jeff Adachi, Gascón spoke out strongly against both the raid and the legal process that allowed it to happen.\u003c/p>\n\u003cp>\"My office has not seen the warrant or the facts upon which it was based, but absent a showing that a journalist broke the law to obtain the information that police are looking for, I can’t imagine a situation in which a search warrant would be appropriate,\" Gascón said \u003ca href=\"https://twitter.com/GeorgeGascon/status/1130478038213206016\" target=\"_blank\" rel=\"noopener\">on Twitter\u003c/a>.\u003c/p>\n\u003cp>His statement came a day after Mayor London Breed slightly walked back her support for the raid, while reaffirming her belief that the search itself was \"legal and warranted.\"\u003c/p>\n\u003cp>Breed had previously said that she supported the decision by two San Francisco Superior Court judges to issue search warrants for Carmody's home and office as part of a criminal investigation into what SFPD says was an illegal release of the report. Carmody said a confidential source gave him the report, which he then sold to several news outlets.\u003c/p>\n\u003cp>\"Our role is to follow the law, and the judges ultimately make the decisions,\" Breed said \u003ca href=\"https://www.kqed.org/news/11747266/sf-mayor-breed-supports-police-raid-of-journalists-home-while-supervisor-condemns-it\" target=\"_blank\" rel=\"noopener\">last week\u003c/a>. \"They made the decision. And so at this point, you know, I support their decision.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a \u003ca href=\"https://twitter.com/LondonBreed/status/1130128638182023168\" target=\"_blank\" rel=\"noopener\">series of tweets\u003c/a> on Sunday, she offered a more nuanced take on the raid, which has attracted national attention and been renounced as an assault on the First Amendment and freedom of the press.\u003c/p>\n\u003cp>\"I want the SFPD to get to the bottom of this, but I am not OK with police raids on reporters. We need to do better,\" she wrote. \"However, two judges issued the search warrant, and I have to believe that the judges’ decision was legal and warranted, and therefore so was the search.\"\u003c/p>\n\u003cp>But she added that \"the more we learn, the less appropriate it looks to me.\"\u003c/p>\n\u003cfigure id=\"attachment_11748573\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD.jpg\">\u003cimg class=\"wp-image-11748573\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD.jpg\" alt=\"\" width=\"200\" height=\"181\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD.jpg 472w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD-160x145.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD-470x427.jpg 470w\" sizes=\"(max-width: 200px) 100vw, 200px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco District Attorney George Gascón. \u003ccite>(\u003ca href=\"https://en.wikipedia.org/wiki/George_Gasc%C3%B3n#/media/File:Chief_George_Gascon_SFPD.jpg\">Shawn Calhoun/Wikimedia Commons\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Gascón went even further, saying that even if there was evidence Carmody broke the law, the search should not have been allowed without the presence of a \"special master\" — an unpaid attorney that is supposed to accompany police during searches of people with confidential relationships such as doctors, psychologists and members of the clergy.\u003c/p>\n\u003cp>\"Journalists have multiple sources to whom they owe confidences, similar to an attorney who has multiple clients to whom they owe attorney-client privilege,\" he said. \"Seizing the entire haystack to find the needle risks violating the confidences Mr. Carmody owes to all his sources, not just the person who leaked the police report.\"\u003c/p>\n\u003cp>The SFPD is standing by the raid. \"I’m confident that we took the appropriate legal matters to authorize or get the search authorized by the judicial officials that looked at it,\" said SFPD Chief William Scott at a Police Commission hearing Wednesday.\u003c/p>\n\u003cp>After days of mostly silence or support, a growing number of city officials are now questioning the search. Supervisor Hillary Ronen was the first city leader to speak out against the May 10 raid, telling KQED \u003ca href=\"https://www.kqed.org/news/11747266/sf-mayor-breed-supports-police-raid-of-journalists-home-while-supervisor-condemns-it\" target=\"_blank\" rel=\"noopener\">last week\u003c/a>, \"The police have gone about this completely wrong.\"\u003c/p>\n\u003cp>Supervisor Aaron Peskin \u003ca href=\"https://www.sfexaminer.com/the-city/sfpd-chief-scott-stands-behind-widely-condemned-raid-on-journalists-home/\" target=\"_blank\" rel=\"noopener\">told the San Francisco Examiner\u003c/a> that the raid \"horrified\" him, and Supervisor Matt Haney said the investigation into the leaked report should be focused within the Police Department, not on Carmody.\u003c/p>\n\u003cp>\"Knocking down the door of a journalist with a sledgehammer and seizing property is an unacceptable direct attack on freedom of the press,\" Haney said \u003ca href=\"https://twitter.com/MattHaneySF/status/1129884261945888769\" target=\"_blank\" rel=\"noopener\">on Twitter\u003c/a> on Saturday.\u003c/p>\n\u003cp>Supervisor Catherine Stefani added her voice to the growing discontent on Monday, saying in a statement, \"Journalists deserve every protection guaranteed to them under California’s Shield Law and the First Amendment. These protections apply not just to journalists at elite organizations, but to all journalists.\"\u003c/p>\n\u003cp>Supervisor Sandra Lee Fewer has continued to support the raid, saying she has \"strong feelings about the morality of Carmody's actions, including the sale of a leaked police report.\"\u003c/p>\n\u003cp>The controversy is expected to \u003ca href=\"https://www.kqed.org/news/11746994/attorneys-ask-judge-to-unseal-warrants-s-f-police-used-in-raid-of-journalists-home-return-seized-items\" target=\"_blank\" rel=\"noopener\">move to the courtroom\u003c/a> this week. First Amendment advocates are asking a judge to unseal the SFPD's application for warrants, and an attorney for Carmody is asking that his belongings be returned.\u003c/p>\n\u003cp>In a court filing, Carmody's attorney said that the search violated state laws, including California's shield law, which protect journalists from revealing their sources and from being subject to search warrants for materials collected during newsgathering. During the raid, police took computers, cellphones, cameras and flash drives, among other things from Carmody's home.\u003c/p>\n\u003cp>Breed on Sunday said going forward, the city needs a protocol for how the police handles investigations involving members of the media.\u003c/p>\n\u003cp>\"A free and independent press plays a crucial role in our society, and we have to work harder to honor not only the letter of California’s Shield Law, but also the spirit of it,\" \u003ca href=\"https://twitter.com/LondonBreed/status/1130128641277325312\" target=\"_blank\" rel=\"noopener\">she said\u003c/a>.\u003c/p>\n\u003cp>\u003cem>This story was originally published on May 19 and has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sonja Hutson contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In his first statement on the May 10 search of the home and office of Bryan Carmody over a leaked police report about the February death of Public Defender Jeff Adachi, Gascón spoke out strongly against both the raid and the legal process that allowed it to happen.\u003c/p>\n\u003cp>\"My office has not seen the warrant or the facts upon which it was based, but absent a showing that a journalist broke the law to obtain the information that police are looking for, I can’t imagine a situation in which a search warrant would be appropriate,\" Gascón said \u003ca href=\"https://twitter.com/GeorgeGascon/status/1130478038213206016\" target=\"_blank\" rel=\"noopener\">on Twitter\u003c/a>.\u003c/p>\n\u003cp>His statement came a day after Mayor London Breed slightly walked back her support for the raid, while reaffirming her belief that the search itself was \"legal and warranted.\"\u003c/p>\n\u003cp>Breed had previously said that she supported the decision by two San Francisco Superior Court judges to issue search warrants for Carmody's home and office as part of a criminal investigation into what SFPD says was an illegal release of the report. Carmody said a confidential source gave him the report, which he then sold to several news outlets.\u003c/p>\n\u003cp>\"Our role is to follow the law, and the judges ultimately make the decisions,\" Breed said \u003ca href=\"https://www.kqed.org/news/11747266/sf-mayor-breed-supports-police-raid-of-journalists-home-while-supervisor-condemns-it\" target=\"_blank\" rel=\"noopener\">last week\u003c/a>. \"They made the decision. And so at this point, you know, I support their decision.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a \u003ca href=\"https://twitter.com/LondonBreed/status/1130128638182023168\" target=\"_blank\" rel=\"noopener\">series of tweets\u003c/a> on Sunday, she offered a more nuanced take on the raid, which has attracted national attention and been renounced as an assault on the First Amendment and freedom of the press.\u003c/p>\n\u003cp>\"I want the SFPD to get to the bottom of this, but I am not OK with police raids on reporters. We need to do better,\" she wrote. \"However, two judges issued the search warrant, and I have to believe that the judges’ decision was legal and warranted, and therefore so was the search.\"\u003c/p>\n\u003cp>But she added that \"the more we learn, the less appropriate it looks to me.\"\u003c/p>\n\u003cfigure id=\"attachment_11748573\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD.jpg\">\u003cimg class=\"wp-image-11748573\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD.jpg\" alt=\"\" width=\"200\" height=\"181\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD.jpg 472w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD-160x145.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/Chief_George_Gascon_SFPD-470x427.jpg 470w\" sizes=\"(max-width: 200px) 100vw, 200px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco District Attorney George Gascón. \u003ccite>(\u003ca href=\"https://en.wikipedia.org/wiki/George_Gasc%C3%B3n#/media/File:Chief_George_Gascon_SFPD.jpg\">Shawn Calhoun/Wikimedia Commons\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Gascón went even further, saying that even if there was evidence Carmody broke the law, the search should not have been allowed without the presence of a \"special master\" — an unpaid attorney that is supposed to accompany police during searches of people with confidential relationships such as doctors, psychologists and members of the clergy.\u003c/p>\n\u003cp>\"Journalists have multiple sources to whom they owe confidences, similar to an attorney who has multiple clients to whom they owe attorney-client privilege,\" he said. \"Seizing the entire haystack to find the needle risks violating the confidences Mr. Carmody owes to all his sources, not just the person who leaked the police report.\"\u003c/p>\n\u003cp>The SFPD is standing by the raid. \"I’m confident that we took the appropriate legal matters to authorize or get the search authorized by the judicial officials that looked at it,\" said SFPD Chief William Scott at a Police Commission hearing Wednesday.\u003c/p>\n\u003cp>After days of mostly silence or support, a growing number of city officials are now questioning the search. Supervisor Hillary Ronen was the first city leader to speak out against the May 10 raid, telling KQED \u003ca href=\"https://www.kqed.org/news/11747266/sf-mayor-breed-supports-police-raid-of-journalists-home-while-supervisor-condemns-it\" target=\"_blank\" rel=\"noopener\">last week\u003c/a>, \"The police have gone about this completely wrong.\"\u003c/p>\n\u003cp>Supervisor Aaron Peskin \u003ca href=\"https://www.sfexaminer.com/the-city/sfpd-chief-scott-stands-behind-widely-condemned-raid-on-journalists-home/\" target=\"_blank\" rel=\"noopener\">told the San Francisco Examiner\u003c/a> that the raid \"horrified\" him, and Supervisor Matt Haney said the investigation into the leaked report should be focused within the Police Department, not on Carmody.\u003c/p>\n\u003cp>\"Knocking down the door of a journalist with a sledgehammer and seizing property is an unacceptable direct attack on freedom of the press,\" Haney said \u003ca href=\"https://twitter.com/MattHaneySF/status/1129884261945888769\" target=\"_blank\" rel=\"noopener\">on Twitter\u003c/a> on Saturday.\u003c/p>\n\u003cp>Supervisor Catherine Stefani added her voice to the growing discontent on Monday, saying in a statement, \"Journalists deserve every protection guaranteed to them under California’s Shield Law and the First Amendment. These protections apply not just to journalists at elite organizations, but to all journalists.\"\u003c/p>\n\u003cp>Supervisor Sandra Lee Fewer has continued to support the raid, saying she has \"strong feelings about the morality of Carmody's actions, including the sale of a leaked police report.\"\u003c/p>\n\u003cp>The controversy is expected to \u003ca href=\"https://www.kqed.org/news/11746994/attorneys-ask-judge-to-unseal-warrants-s-f-police-used-in-raid-of-journalists-home-return-seized-items\" target=\"_blank\" rel=\"noopener\">move to the courtroom\u003c/a> this week. First Amendment advocates are asking a judge to unseal the SFPD's application for warrants, and an attorney for Carmody is asking that his belongings be returned.\u003c/p>\n\u003cp>In a court filing, Carmody's attorney said that the search violated state laws, including California's shield law, which protect journalists from revealing their sources and from being subject to search warrants for materials collected during newsgathering. During the raid, police took computers, cellphones, cameras and flash drives, among other things from Carmody's home.\u003c/p>\n\u003cp>Breed on Sunday said going forward, the city needs a protocol for how the police handles investigations involving members of the media.\u003c/p>\n\u003cp>\"A free and independent press plays a crucial role in our society, and we have to work harder to honor not only the letter of California’s Shield Law, but also the spirit of it,\" \u003ca href=\"https://twitter.com/LondonBreed/status/1130128641277325312\" target=\"_blank\" rel=\"noopener\">she said\u003c/a>.\u003c/p>\n\u003cp>\u003cem>This story was originally published on May 19 and has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003cem>KQED's Sonja Hutson contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "San Francisco Will Wipe Away More Than 9,300 Marijuana Convictions",
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"content": "\u003cp>More than 8,000 marijuana-related convictions will be erased or reduced using a technological approach that prosecutors nationwide should adopt to address a growing backlog of criminal cases eligible for modification, San Francisco’s district attorney announced Monday.\u003c/p>\n\u003cp>San Francisco is the first California county to announce full compliance with the state’s broad legalization of marijuana, which also made an estimated 200,000 past pot convictions eligible for erasure or reduction.\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón credited the nonprofit technology organization \u003ca href=\"https://www.codeforamerica.org\">Code for America\u003c/a> for solving the biggest hurdle to identifying eligible cases dating back decades.\u003c/p>\n\u003cp>In May, when Gascón announced a partnership with Code for America, his office managed to identify and dismiss a little more than 1,000 eligible misdemeanor cases. Since then, an additional 8,132 cases have been identified. Gascón said more than 9,300 cases dating back to 1975 will be dropped or reduced without cost, active participation and, in many cases, the knowledge of the defendants.\u003c/p>\n\u003cp>“We don’t have to do it,” Gascón said Monday. “It was just a matter of dignity.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11632477/as-weed-is-legalized-are-marijuana-reparations-possible\">As Weed Is Legalized, Are Marijuana Reparations Possible?\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11632477/as-weed-is-legalized-are-marijuana-reparations-possible\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2016/09/120618-full.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>When voters \u003ca href=\"https://www.kqed.org/news/11638056/everything-you-want-to-know-about-legal-weed-in-california-2\" target=\"_blank\" rel=\"noopener\">passed Proposition 64\u003c/a> in 2016 to allow adult use of marijuana, they also eliminated several pot-related crimes. The proposition also applied retroactively, but provided no mechanism or guidance on how those eligible could erase their convictions or have felonies reduced to misdemeanors.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A few hundred people hired attorneys, paid court fees and filed petitions to modify their records since November 2016, but the vast majority of convictions still remain untouched. Many district attorneys throughout the state said they lack the resources to sift through and review decades’ worth of criminal cases to identify eligible convictions.\u003c/p>\n\u003cp>In January 2018, Gascón announced his office would take on the time-consuming task of sifting through many thousands of criminal cases to identify eligible marijuana convictions. Until then, only 23 people who hired lawyers and paid court fees took advantage of the new law in San Francisco.\u003c/p>\n\u003cp>“Drug use in this country occurs across economic and racial lines, but the people that end up being the subjects of the criminal justice system’s attention are poor people and people of color,” Gascón said. “And there’s nothing just about that.”\u003c/p>\n\u003cp>Though African-Americans make up less than 5 percent of the population in San Francisco, they account for 33 percent of marijuana-related convictions, Gascón said.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11637989/how-much-marijuana-is-too-much-to-drive\">How Much Marijuana Is Too Much to Drive?\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11637989/how-much-marijuana-is-too-much-to-drive\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/12/RS28661_Mike-Lynn-of-Hound-Labs-qut-1180x667.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Code for America is a San Francisco-based nonprofit that seeks to use technology to make government more efficient.\u003c/p>\n\u003cp>Director Jennifer Pahlka said coders developed a “lightweight” and simple computer-based algorithm dubbed “Clear My Record” to quickly identify eligible cases. The program automatically fills out forms to be filed with the courts.\u003c/p>\n\u003cp>Pahlka said Monday that Code for America was working with several other California district attorneys to identify eligible marijuana cases in their counties.\u003c/p>\n\u003cp>“We believe that the work that’s happened over the past several months creates a real blueprint for the future,” Pahlka said. “We have the power to provide automatic records clearance to millions, and paired with a targeted set of policy actions, technology will make this possible.”\u003c/p>\n\u003cp>In December, Michigan became \u003ca href=\"https://www.npr.org/2018/11/07/665161814/3-more-states-ok-easing-their-marijuana-laws-michigan-utah-missouri\" target=\"_blank\" rel=\"noopener\">the latest state\u003c/a> to broadly legalize marijuana, eliminate pot crimes and allow past convictions to be erased or reduced. Meanwhile, prosecutors in Baltimore, Seattle, Chicago and multiple others across the country followed Gascón’s lead and announced their intentions to clear eligible marijuana convictions in their jurisdictions.\u003c/p>\n\u003cp>Gascón and Pahlka called on prosecutors across the country to adopt Code for America’s technology.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“I want to continue to evangelize, if you will, to get others around the country and the state to do the same things and push the envelope to continue to reduce the impacts of criminal convictions when we can,” Gascón said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>More than 8,000 marijuana-related convictions will be erased or reduced using a technological approach that prosecutors nationwide should adopt to address a growing backlog of criminal cases eligible for modification, San Francisco’s district attorney announced Monday.\u003c/p>\n\u003cp>San Francisco is the first California county to announce full compliance with the state’s broad legalization of marijuana, which also made an estimated 200,000 past pot convictions eligible for erasure or reduction.\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón credited the nonprofit technology organization \u003ca href=\"https://www.codeforamerica.org\">Code for America\u003c/a> for solving the biggest hurdle to identifying eligible cases dating back decades.\u003c/p>\n\u003cp>In May, when Gascón announced a partnership with Code for America, his office managed to identify and dismiss a little more than 1,000 eligible misdemeanor cases. Since then, an additional 8,132 cases have been identified. Gascón said more than 9,300 cases dating back to 1975 will be dropped or reduced without cost, active participation and, in many cases, the knowledge of the defendants.\u003c/p>\n\u003cp>“We don’t have to do it,” Gascón said Monday. “It was just a matter of dignity.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11632477/as-weed-is-legalized-are-marijuana-reparations-possible\">As Weed Is Legalized, Are Marijuana Reparations Possible?\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11632477/as-weed-is-legalized-are-marijuana-reparations-possible\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2016/09/120618-full.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>When voters \u003ca href=\"https://www.kqed.org/news/11638056/everything-you-want-to-know-about-legal-weed-in-california-2\" target=\"_blank\" rel=\"noopener\">passed Proposition 64\u003c/a> in 2016 to allow adult use of marijuana, they also eliminated several pot-related crimes. The proposition also applied retroactively, but provided no mechanism or guidance on how those eligible could erase their convictions or have felonies reduced to misdemeanors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A few hundred people hired attorneys, paid court fees and filed petitions to modify their records since November 2016, but the vast majority of convictions still remain untouched. Many district attorneys throughout the state said they lack the resources to sift through and review decades’ worth of criminal cases to identify eligible convictions.\u003c/p>\n\u003cp>In January 2018, Gascón announced his office would take on the time-consuming task of sifting through many thousands of criminal cases to identify eligible marijuana convictions. Until then, only 23 people who hired lawyers and paid court fees took advantage of the new law in San Francisco.\u003c/p>\n\u003cp>“Drug use in this country occurs across economic and racial lines, but the people that end up being the subjects of the criminal justice system’s attention are poor people and people of color,” Gascón said. “And there’s nothing just about that.”\u003c/p>\n\u003cp>Though African-Americans make up less than 5 percent of the population in San Francisco, they account for 33 percent of marijuana-related convictions, Gascón said.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11637989/how-much-marijuana-is-too-much-to-drive\">How Much Marijuana Is Too Much to Drive?\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11637989/how-much-marijuana-is-too-much-to-drive\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2017/12/RS28661_Mike-Lynn-of-Hound-Labs-qut-1180x667.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Code for America is a San Francisco-based nonprofit that seeks to use technology to make government more efficient.\u003c/p>\n\u003cp>Director Jennifer Pahlka said coders developed a “lightweight” and simple computer-based algorithm dubbed “Clear My Record” to quickly identify eligible cases. The program automatically fills out forms to be filed with the courts.\u003c/p>\n\u003cp>Pahlka said Monday that Code for America was working with several other California district attorneys to identify eligible marijuana cases in their counties.\u003c/p>\n\u003cp>“We believe that the work that’s happened over the past several months creates a real blueprint for the future,” Pahlka said. “We have the power to provide automatic records clearance to millions, and paired with a targeted set of policy actions, technology will make this possible.”\u003c/p>\n\u003cp>In December, Michigan became \u003ca href=\"https://www.npr.org/2018/11/07/665161814/3-more-states-ok-easing-their-marijuana-laws-michigan-utah-missouri\" target=\"_blank\" rel=\"noopener\">the latest state\u003c/a> to broadly legalize marijuana, eliminate pot crimes and allow past convictions to be erased or reduced. Meanwhile, prosecutors in Baltimore, Seattle, Chicago and multiple others across the country followed Gascón’s lead and announced their intentions to clear eligible marijuana convictions in their jurisdictions.\u003c/p>\n\u003cp>Gascón and Pahlka called on prosecutors across the country to adopt Code for America’s technology.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“I want to continue to evangelize, if you will, to get others around the country and the state to do the same things and push the envelope to continue to reduce the impacts of criminal convictions when we can,” Gascón said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "San Francisco District Attorney George Gascón Won't Seek Third Term",
"title": "San Francisco District Attorney George Gascón Won't Seek Third Term",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>San Francisco District Attorney George Gascón, an early and vocal law enforcement \u003ca href=\"http://www.latimes.com/opinion/op-ed/la-oe-1026-gascon-prop-47-pro-20151026-story.html\">champion\u003c/a> of many of the reforms that have reshaped California's criminal justice system, will not run for re-election in 2019.\u003c/p>\n\u003cp>Gascón made the surprise announcement in a lengthy statement Tuesday afternoon, citing his 90-year-old mother's ailing health. His decision dramatically alters the political landscape in a contest for San Francisco's top prosecutor that was shaping up to be the most contentious in years.\u003c/p>\n\u003cp>Former prosecutor Suzy Loftus recently made her long-anticipated run for the seat \u003ca href=\"https://www.sfchronicle.com/bayarea/heatherknight/article/SF-DA-Gasc-n-faces-formidable-challenge-for-seat-13236836.php\">official\u003c/a>; lawyer Joseph Alioto Veronese and Deputy Attorney General Leif Dautch are also running.\u003c/p>\n\u003cp>\"The past eight years as your district attorney have been some of the most professionally rewarding years of my life,\" Gascón said in a written statement. \"The job of district attorney is an enormous responsibility. It requires doing the right thing, even when it is unpopular, perhaps especially when it is unpopular. To do it well requires a serious commitment of time and energy.\"\u003c/p>\n\u003cp>Gascón went on to credit the women in his life, saying they have made \"countless sacrifices for my career.\" He cited his wife, Fabiola; his daughters; and his mother, whom he called a \"true warrior who nourished my development and growth in every conceivable way.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I recognize that without these strong women in my life, and my late father, who gave up so much for me, I would not be a fraction of the man I am today,\" he stated.\u003c/p>\n\u003cp>But, Gascón said, he realized as he prepared for a third run for office that his mother’s \"weakened health weighed heavily on my mind.\"\u003c/p>\n\u003cp>\"She is 90 years old and has much greater needs than when I took office. I am her only child and have the responsibility to be there for her. It became clear that launching a re-election campaign would not be compatible with taking care of her adequately in this moment of need. As her son, I must meet that obligation. There is no acceptable alternative,\" he stated.\u003c/p>\n\u003caside class=\"pullquote alignright\">'At this time, I simply cannot be the son I want to be and seek a third term.'\u003ccite>George Gascón\u003c/cite>\u003c/aside>\n\u003cp>Gascón, who was born in Cuba, is a former police officer who had never tried a case when he was named to the district attorney post in early 2011 by departing Mayor Gavin Newsom, who had previously recruited Gascón from Mesa, Arizona, to head San Francisco's troubled Police Department.\u003c/p>\n\u003cp>Gascón was named district attorney when then-District Attorney Kamala Harris — now a U.S. senator — was elected California attorney general. Gascón was \u003ca href=\"https://sfdistrictattorney.org/biography\">the city's first Latino district attorney\u003c/a> and the first police chief in the nation to become a top prosecutor.\u003c/p>\n\u003cp>Gascón, a former Republican who became a Democrat after moving to San Francisco, was well respected in criminal justice reform circles, but had a contentious relationship with some of the police department's rank and file, including its powerful union leadership.\u003c/p>\n\u003cp>He also split with most of his district attorney counterparts in supporting a slew of ballot measures and legislative proposals that sought to end California's \"tough on crime\" laws in favor of a system more focused on rehabilitation. He was an early champion of Proposition 47, a ballot measure that reduced many drug possession charges from felonies to misdemeanors.\u003c/p>\n\u003cp>Gascón also made national headlines earlier this year when he \u003ca href=\"https://www.kqed.org/news/11647347/san-francisco-plans-to-wipe-out-thousands-of-pot-convictions\">announced\u003c/a> his office would proactively expunge old marijuana convictions, following the 2016 legalization of marijuana in California. He touted that decision in announcing he would not seek re-election.\u003c/p>\n\u003cp>\"Against the tide of nearly all prosecutors around the state, we also took the lead in proactively dismissing old marijuana convictions,\" he stated. \"This leadership encouraged many DAs to join our effort and resulted in state legislation that will help people erase their old convictions, which will allow them to find employment and housing and improve their own lives and their community.\"\u003c/p>\n\u003cp>Those close to Gascón said the decision not to run was made recently.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"At this time, I simply cannot be the son I want to be and seek a third term,\" Gascón said in his statement. \"My career means a great deal to me. But success in the world with a family in chaos is not a choice I am willing to make.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney George Gascón, an early and vocal law enforcement \u003ca href=\"http://www.latimes.com/opinion/op-ed/la-oe-1026-gascon-prop-47-pro-20151026-story.html\">champion\u003c/a> of many of the reforms that have reshaped California's criminal justice system, will not run for re-election in 2019.\u003c/p>\n\u003cp>Gascón made the surprise announcement in a lengthy statement Tuesday afternoon, citing his 90-year-old mother's ailing health. His decision dramatically alters the political landscape in a contest for San Francisco's top prosecutor that was shaping up to be the most contentious in years.\u003c/p>\n\u003cp>Former prosecutor Suzy Loftus recently made her long-anticipated run for the seat \u003ca href=\"https://www.sfchronicle.com/bayarea/heatherknight/article/SF-DA-Gasc-n-faces-formidable-challenge-for-seat-13236836.php\">official\u003c/a>; lawyer Joseph Alioto Veronese and Deputy Attorney General Leif Dautch are also running.\u003c/p>\n\u003cp>\"The past eight years as your district attorney have been some of the most professionally rewarding years of my life,\" Gascón said in a written statement. \"The job of district attorney is an enormous responsibility. It requires doing the right thing, even when it is unpopular, perhaps especially when it is unpopular. To do it well requires a serious commitment of time and energy.\"\u003c/p>\n\u003cp>Gascón went on to credit the women in his life, saying they have made \"countless sacrifices for my career.\" He cited his wife, Fabiola; his daughters; and his mother, whom he called a \"true warrior who nourished my development and growth in every conceivable way.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I recognize that without these strong women in my life, and my late father, who gave up so much for me, I would not be a fraction of the man I am today,\" he stated.\u003c/p>\n\u003cp>But, Gascón said, he realized as he prepared for a third run for office that his mother’s \"weakened health weighed heavily on my mind.\"\u003c/p>\n\u003cp>\"She is 90 years old and has much greater needs than when I took office. I am her only child and have the responsibility to be there for her. It became clear that launching a re-election campaign would not be compatible with taking care of her adequately in this moment of need. As her son, I must meet that obligation. There is no acceptable alternative,\" he stated.\u003c/p>\n\u003caside class=\"pullquote alignright\">'At this time, I simply cannot be the son I want to be and seek a third term.'\u003ccite>George Gascón\u003c/cite>\u003c/aside>\n\u003cp>Gascón, who was born in Cuba, is a former police officer who had never tried a case when he was named to the district attorney post in early 2011 by departing Mayor Gavin Newsom, who had previously recruited Gascón from Mesa, Arizona, to head San Francisco's troubled Police Department.\u003c/p>\n\u003cp>Gascón was named district attorney when then-District Attorney Kamala Harris — now a U.S. senator — was elected California attorney general. Gascón was \u003ca href=\"https://sfdistrictattorney.org/biography\">the city's first Latino district attorney\u003c/a> and the first police chief in the nation to become a top prosecutor.\u003c/p>\n\u003cp>Gascón, a former Republican who became a Democrat after moving to San Francisco, was well respected in criminal justice reform circles, but had a contentious relationship with some of the police department's rank and file, including its powerful union leadership.\u003c/p>\n\u003cp>He also split with most of his district attorney counterparts in supporting a slew of ballot measures and legislative proposals that sought to end California's \"tough on crime\" laws in favor of a system more focused on rehabilitation. He was an early champion of Proposition 47, a ballot measure that reduced many drug possession charges from felonies to misdemeanors.\u003c/p>\n\u003cp>Gascón also made national headlines earlier this year when he \u003ca href=\"https://www.kqed.org/news/11647347/san-francisco-plans-to-wipe-out-thousands-of-pot-convictions\">announced\u003c/a> his office would proactively expunge old marijuana convictions, following the 2016 legalization of marijuana in California. He touted that decision in announcing he would not seek re-election.\u003c/p>\n\u003cp>\"Against the tide of nearly all prosecutors around the state, we also took the lead in proactively dismissing old marijuana convictions,\" he stated. \"This leadership encouraged many DAs to join our effort and resulted in state legislation that will help people erase their old convictions, which will allow them to find employment and housing and improve their own lives and their community.\"\u003c/p>\n\u003cp>Those close to Gascón said the decision not to run was made recently.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"At this time, I simply cannot be the son I want to be and seek a third term,\" Gascón said in his statement. \"My career means a great deal to me. But success in the world with a family in chaos is not a choice I am willing to make.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Tre’Vonn Doakes said that, a year and a half ago, his life was on the right track. In his early 20s, he had a good job working for Alcatraz Cruises. He was taking college courses, providing for his two young daughters and had another baby on the way.\u003c/p>\n\u003cp>Then on April 21, 2017, Doakes said he came close to losing everything he cared about. He got in a fight with a family friend who came to his house, and when Doakes called the Oakland Police Department, he ended up getting arrested.\u003c/p>\n\u003cp>“They charged me with two counts of assault with a deadly weapon and one count of domestic violence,” Doakes said.\u003c/p>\n\u003cp>He said he sat in a holding cell in Santa Rita Jail for 12 hours, worrying about his fiancee and his daughters.\u003c/p>\n\u003cp>“It’s everything that I was fighting to keep,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11693627\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11693627\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/File_000-6-800x600.jpeg\" alt=\"Tre'Vonn Doakes, 24, at Mosswood Park in Oakland. He said will take years to bounce back from an arrest in 2017. \" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-160x120.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1200x900.jpeg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1920x1440.jpeg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1180x885.jpeg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-960x720.jpeg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-240x180.jpeg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-375x281.jpeg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-520x390.jpeg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tre’Vonn Doakes, 24, at Mosswood Park in Oakland. He said it will take years to bounce back from an arrest in 2017. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meanwhile, Doakes’ dad was trying to get him out of jail. Doakes said Aladdin Bail Bonds agreed to sign a $75,000 bond in exchange for the 10 percent fee that bail companies charge to guarantee a defendant shows up to court.\u003c/p>\n\u003cp>But Alameda County prosecutors never filed charges against Doakes, and he said he never had to go to court.\u003c/p>\n\u003cp>“So why am I having to pay a bail bond?” Doakes wondered.\u003c/p>\n\u003cp>As far as the law is concerned Doakes is free and clear of any criminal case. But more than a year later, he said he is still struggling to pay back the $3,000 he owes Aladdin.\u003c/p>\n\u003cp>If Senate Bill 10, the new bail reform law \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" target=\"_blank\" rel=\"noopener\">signed\u003c/a> by Gov. Jerry Brown, goes into effect next year, people like Doakes won’t have to pay a bail company to get out of custody, but they won’t necessarily be released either. The new law gives judges a lot of discretion to determine whether a defendant can safely be released pending trial.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Gov. Brown Signs Bill Ending Cash Bail in California\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/BailBonds-1180x915.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">It gives judges far more power over who gets released from jail as they await trial.\u003c/p>\n\u003c/aside>\n\u003cp>There is broad agreement among state and criminal justice leaders that the money bail system in California is unfair and often unconstitutional, but there is disagreement about whether the system under the new law complies with the state constitution.\u003c/p>\n\u003cp>“It’s directly in contradiction to the fundamental rights protected by the U.S. Constitution and California [constitution] Article 1 Section 12,” San Francisco Deputy Public Defender Chesa Boudin said.\u003c/p>\n\u003cp>Boudin is currently arguing a \u003ca href=\"https://www.kqed.org/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release\" target=\"_blank\" rel=\"noopener\">case\u003c/a> before the California Supreme Court that could have far-reaching implications for how — or whether — the new state law is implemented.\u003c/p>\n\u003cp>The case of Kenneth Humphrey, whose \u003ca href=\"https://caselaw.findlaw.com/ca-court-of-appeal/1886990.html\" target=\"_blank\" rel=\"noopener\">win before a state appeals court\u003c/a> in January upended California’s reliance on unaffordable bail amounts to keep defendants in jail awaiting trial, is pending before the state Supreme Court. The state’s highest court initially took up the issues raised in Humphrey’s case to determine under what circumstances a defendant can be jailed — with no chance to bail out — before he or she has been convicted of a crime. The court also asked whether judges can consider public safety in setting bail amounts.\u003c/p>\n\u003cp>Earlier this month, the Supreme Court requested additional arguments on how SB 10 affects the issues in Humphrey.\u003c/p>\n\u003cp>Boudin says that according to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%2012.&article=I\" target=\"_blank\" rel=\"noopener\">Article 1 Section 12\u003c/a> of the California Constitution, there are only three sets of circumstances in which a defendant can be held before trial.\u003c/p>\n\u003cblockquote>\u003cp>A person shall be released on bail by sufficient sureties, except for:\u003c/p>\n\u003cp>(a) Capital crimes when the facts are evident or the presumption great;\u003c/p>\n\u003cp>(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or\u003c/p>\n\u003cp>(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.\u003c/p>\u003c/blockquote>\n\u003cp>But San Francisco District Attorney George Gascón is arguing that the constitution isn’t that restrictive.\u003c/p>\n\u003cp>“When Article 12 was originally passed back in the late 1800s, all felonies were capital offenses,” Gascón said. “The world has evolved tremendously, and there are many cases where you have felonies that are not capital offenses, and they are not necessarily dangerous.”\u003c/p>\n\u003cp>There are also many other crimes that are no longer capital offenses, he said, but are very dangerous. Gascón argues that another provision of the constitution — \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%2028.&article=I\" target=\"_blank\" rel=\"noopener\">Article 28\u003c/a> — lets judges more broadly consider the danger a defendant could pose when deciding to release or hold someone before trial.\u003cbr>\n[ad fullwidth]\u003cbr>\nBut here is where the arguments of both sides get more complicated. Ten years ago, voters amended Article 28 when they passed \u003ca href=\"https://oag.ca.gov/victimservices/marsys_law\" target=\"_blank\" rel=\"noopener\">Marsy’s Law\u003c/a>. It says that judges should consider the safety of the crime victim when setting bail and releasing a defendant.\u003c/p>\n\u003cp>Boudin said when voters passed Marsy’s Law, they never intended to repeal Article 12. He’s arguing that the narrower provision of the state constitution controls when defendants can be held in jail.\u003c/p>\n\u003cp>Gascón’s argument to the Supreme Court is that Articles 12 and 28 can be “harmonized” to work together to protect public safety and preserve the fundamental rights of people who have yet to be found guilty of any crime.\u003c/p>\n\u003cp>Ultimately, it will be to be up to the California Supreme Court to decide which side has it right.\u003c/p>\n\u003cp>“What we have now,” Gascón said, “is we have a great deal of uncertainty in the field both for the prosecutor, the defense and the courts, as to when you can hold someone on pretrial detention.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">S.F. Man Whose Case Upended California’s Bail System Wins Release\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS29496_alt_690-1180x902.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The court has ordered the parties in Humphrey to explain their reading of the state constitutional questions surrounding the new state law, SB 10, and submit those briefs by Oct. 24.\u003c/p>\n\u003cp>Meanwhile, the bail industry is fighting to survive. Across the state, industry representatives are gathering signatures for a \u003ca href=\"https://www.sos.ca.gov/administration/news-releases-and-advisories/2018-news-releases-and-advisories/proposed-referendum-enters-circulation/\">referendum to overturn SB 10\u003c/a>. Harmeet Dhillon, an attorney for the California Bail Agents Association, said she is 95 percent certain that bail proponents will be able to gather the necessary signatures in time for a Nov. 26 deadline. If so, the issue would then go back to voters in 2019.\u003c/p>\n\u003cp>“So that means a two-year stay [of SB 10] at a minimum,” Dhillon said.\u003c/p>\n\u003cp>This constitutional debate has in some ways united the bail industry and the civil rights community, both of which oppose SB 10 for different reasons. For bail companies, it represents an existential threat throughout California. Civil rights groups say the law will result in more jail time for poor defendants — just at a judge’s discretion instead of through unpayable bail amounts.\u003c/p>\n\u003cp>Dhillon said even if the bail industry’s referendum fails, she expects the civil rights and defense attorneys to file legal challenges to SB 10 as soon as it goes into effect.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Tre’Vonn Doakes said that, a year and a half ago, his life was on the right track. In his early 20s, he had a good job working for Alcatraz Cruises. He was taking college courses, providing for his two young daughters and had another baby on the way.\u003c/p>\n\u003cp>Then on April 21, 2017, Doakes said he came close to losing everything he cared about. He got in a fight with a family friend who came to his house, and when Doakes called the Oakland Police Department, he ended up getting arrested.\u003c/p>\n\u003cp>“They charged me with two counts of assault with a deadly weapon and one count of domestic violence,” Doakes said.\u003c/p>\n\u003cp>He said he sat in a holding cell in Santa Rita Jail for 12 hours, worrying about his fiancee and his daughters.\u003c/p>\n\u003cp>“It’s everything that I was fighting to keep,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11693627\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11693627\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/09/File_000-6-800x600.jpeg\" alt=\"Tre'Vonn Doakes, 24, at Mosswood Park in Oakland. He said will take years to bounce back from an arrest in 2017. \" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-160x120.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1200x900.jpeg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1920x1440.jpeg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-1180x885.jpeg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-960x720.jpeg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-240x180.jpeg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-375x281.jpeg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/09/File_000-6-520x390.jpeg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tre’Vonn Doakes, 24, at Mosswood Park in Oakland. He said it will take years to bounce back from an arrest in 2017. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Meanwhile, Doakes’ dad was trying to get him out of jail. Doakes said Aladdin Bail Bonds agreed to sign a $75,000 bond in exchange for the 10 percent fee that bail companies charge to guarantee a defendant shows up to court.\u003c/p>\n\u003cp>But Alameda County prosecutors never filed charges against Doakes, and he said he never had to go to court.\u003c/p>\n\u003cp>“So why am I having to pay a bail bond?” Doakes wondered.\u003c/p>\n\u003cp>As far as the law is concerned Doakes is free and clear of any criminal case. But more than a year later, he said he is still struggling to pay back the $3,000 he owes Aladdin.\u003c/p>\n\u003cp>If Senate Bill 10, the new bail reform law \u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" target=\"_blank\" rel=\"noopener\">signed\u003c/a> by Gov. Jerry Brown, goes into effect next year, people like Doakes won’t have to pay a bail company to get out of custody, but they won’t necessarily be released either. The new law gives judges a lot of discretion to determine whether a defendant can safely be released pending trial.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Gov. Brown Signs Bill Ending Cash Bail in California\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11689184/gov-brown-signs-bill-ending-cash-bail-in-california\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/08/BailBonds-1180x915.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">It gives judges far more power over who gets released from jail as they await trial.\u003c/p>\n\u003c/aside>\n\u003cp>There is broad agreement among state and criminal justice leaders that the money bail system in California is unfair and often unconstitutional, but there is disagreement about whether the system under the new law complies with the state constitution.\u003c/p>\n\u003cp>“It’s directly in contradiction to the fundamental rights protected by the U.S. Constitution and California [constitution] Article 1 Section 12,” San Francisco Deputy Public Defender Chesa Boudin said.\u003c/p>\n\u003cp>Boudin is currently arguing a \u003ca href=\"https://www.kqed.org/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release\" target=\"_blank\" rel=\"noopener\">case\u003c/a> before the California Supreme Court that could have far-reaching implications for how — or whether — the new state law is implemented.\u003c/p>\n\u003cp>The case of Kenneth Humphrey, whose \u003ca href=\"https://caselaw.findlaw.com/ca-court-of-appeal/1886990.html\" target=\"_blank\" rel=\"noopener\">win before a state appeals court\u003c/a> in January upended California’s reliance on unaffordable bail amounts to keep defendants in jail awaiting trial, is pending before the state Supreme Court. The state’s highest court initially took up the issues raised in Humphrey’s case to determine under what circumstances a defendant can be jailed — with no chance to bail out — before he or she has been convicted of a crime. The court also asked whether judges can consider public safety in setting bail amounts.\u003c/p>\n\u003cp>Earlier this month, the Supreme Court requested additional arguments on how SB 10 affects the issues in Humphrey.\u003c/p>\n\u003cp>Boudin says that according to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%2012.&article=I\" target=\"_blank\" rel=\"noopener\">Article 1 Section 12\u003c/a> of the California Constitution, there are only three sets of circumstances in which a defendant can be held before trial.\u003c/p>\n\u003cblockquote>\u003cp>A person shall be released on bail by sufficient sureties, except for:\u003c/p>\n\u003cp>(a) Capital crimes when the facts are evident or the presumption great;\u003c/p>\n\u003cp>(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or\u003c/p>\n\u003cp>(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.\u003c/p>\u003c/blockquote>\n\u003cp>But San Francisco District Attorney George Gascón is arguing that the constitution isn’t that restrictive.\u003c/p>\n\u003cp>“When Article 12 was originally passed back in the late 1800s, all felonies were capital offenses,” Gascón said. “The world has evolved tremendously, and there are many cases where you have felonies that are not capital offenses, and they are not necessarily dangerous.”\u003c/p>\n\u003cp>There are also many other crimes that are no longer capital offenses, he said, but are very dangerous. Gascón argues that another provision of the constitution — \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%2028.&article=I\" target=\"_blank\" rel=\"noopener\">Article 28\u003c/a> — lets judges more broadly consider the danger a defendant could pose when deciding to release or hold someone before trial.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nBut here is where the arguments of both sides get more complicated. Ten years ago, voters amended Article 28 when they passed \u003ca href=\"https://oag.ca.gov/victimservices/marsys_law\" target=\"_blank\" rel=\"noopener\">Marsy’s Law\u003c/a>. It says that judges should consider the safety of the crime victim when setting bail and releasing a defendant.\u003c/p>\n\u003cp>Boudin said when voters passed Marsy’s Law, they never intended to repeal Article 12. He’s arguing that the narrower provision of the state constitution controls when defendants can be held in jail.\u003c/p>\n\u003cp>Gascón’s argument to the Supreme Court is that Articles 12 and 28 can be “harmonized” to work together to protect public safety and preserve the fundamental rights of people who have yet to be found guilty of any crime.\u003c/p>\n\u003cp>Ultimately, it will be to be up to the California Supreme Court to decide which side has it right.\u003c/p>\n\u003cp>“What we have now,” Gascón said, “is we have a great deal of uncertainty in the field both for the prosecutor, the defense and the courts, as to when you can hold someone on pretrial detention.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">S.F. Man Whose Case Upended California’s Bail System Wins Release\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11666269/s-f-man-whose-case-upended-californias-bail-system-wins-release\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS29496_alt_690-1180x902.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The court has ordered the parties in Humphrey to explain their reading of the state constitutional questions surrounding the new state law, SB 10, and submit those briefs by Oct. 24.\u003c/p>\n\u003cp>Meanwhile, the bail industry is fighting to survive. Across the state, industry representatives are gathering signatures for a \u003ca href=\"https://www.sos.ca.gov/administration/news-releases-and-advisories/2018-news-releases-and-advisories/proposed-referendum-enters-circulation/\">referendum to overturn SB 10\u003c/a>. Harmeet Dhillon, an attorney for the California Bail Agents Association, said she is 95 percent certain that bail proponents will be able to gather the necessary signatures in time for a Nov. 26 deadline. If so, the issue would then go back to voters in 2019.\u003c/p>\n\u003cp>“So that means a two-year stay [of SB 10] at a minimum,” Dhillon said.\u003c/p>\n\u003cp>This constitutional debate has in some ways united the bail industry and the civil rights community, both of which oppose SB 10 for different reasons. For bail companies, it represents an existential threat throughout California. Civil rights groups say the law will result in more jail time for poor defendants — just at a judge’s discretion instead of through unpayable bail amounts.\u003c/p>\n\u003cp>Dhillon said even if the bail industry’s referendum fails, she expects the civil rights and defense attorneys to file legal challenges to SB 10 as soon as it goes into effect.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case",
"title": "Attorneys Seek to Force DA, Former S.F. Police Chief to Testify in Mario Woods Case",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Attorneys representing \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a>’ mother are trying to force former San Francisco Police Chief Greg Suhr and current District Attorney George Gascón to give sworn testimony in a federal civil rights case over the fatal 2015 police shooting.\u003c/p>\n\u003cp>It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' death, which sent a shock wave through the SFPD that eventually led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr's resignation\u003c/a> and a sweeping effort to reform the Police Department.\u003c/p>\n\u003cp>\"We’re trying to stop the bloodshed,\" said Gwendolyn Woods' attorney, Adante Pointer. \"What we see here is too many shootings that are going unpunished, undisciplined, unchecked, and we think there is definitely a culture of permissiveness at the San Francisco Police Department.\"\u003c/p>\n\u003cp>Both Suhr and Gascón, represented by San Francisco deputy city attorneys, have objected to subpoenas for their depositions.\u003c/p>\n\u003cp>\"Chief Suhr and District Attorney Gascón didn’t witness the shooting,\" city attorney's spokesman John Coté wrote in an emailed response. \"They don’t have facts that no one else has. This attempt to depose them is simply a transparent effort to harass current or former officials.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Gascón called the slaying of Woods \"disturbing\" and \"unnecessary\" when he \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">announced his decision\u003c/a> a month ago not to file criminal charges against the officers involved. He said the state of the law prevented him from charging the officers because \"no crime was committed\" -- a conclusion that Gwendolyn Woods' attorney, John Burris, disputes.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"He’s flat wrong,\" Burris said. \"The state of the law doesn’t allow you to just shoot somebody without justification -- police or not.\"\u003c/p>\n\u003cp>Mario Woods, a 26-year-old African-American, allegedly stabbed another man earlier on Dec. 2, 2015, when two patrol officers confronted him near a bus stop in the Bayview District. They would later tell investigators he brandished a knife and walked away.\u003c/p>\n\u003cp>Bystander video of the shooting starts after more officers arrived and deployed in a semicircle around Woods, who had a building at his back. Officers fired beanbag rounds at him and used pepper spray. Those measures appeared to slow Woods, but he didn't drop the knife. As he appears on the video to attempt to walk away, Officer Charles August stepped into his path, between Woods and a group of bystanders down the street.\u003c/p>\n\u003cp>\"Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,\" the district attorney's report on the shooting says. \"According to August, Woods never raised his voice, but kept repeating, 'You're gonna have to shoot me.' \"\u003c/p>\n\u003cp>August and four other officers fired, hitting Woods 20 times and grazing him once, according to an autopsy. Toxicology tests found methamphetamine and other drugs in his system.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife as he moved toward an officer.\u003c/p>\n\u003cp>\"The officer fearing for his safety ... he fired in defense of himself and the other four officers fired in defense of that officer,\" Suhr told the meeting.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods' hand did not rise until after he was shot and began to fall backward. Gwendolyn Woods' attorneys reached the same conclusion several days later, as did Gascón last month.\u003c/p>\n\u003cp>https://youtu.be/ij5TZuohoRg\u003c/p>\n\u003cp>The legal mechanism to hold the city and high-ranking officials liable for Woods' death is called a Monell claim -- after a 1978 U.S. Supreme Court ruling.\u003c/p>\n\u003cp>The claim in the Woods case alleges San Francisco \"has engaged in a pattern and practice of excessive force, failure to discipline and ratification of police misconduct, which proximately caused the police shooting of Mario Woods,\" according to recent filings in the case.\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said Monell claims are typically very hard to prove. But several scandals surrounding the SFPD before and after Woods' death bolster the strategy in this case, she said -- most importantly, Suhr's statements directly following the shooting.\u003c/p>\n\u003cp>\"That actually underscores why this case may be different,\" Bazelon said. \"Chief Suhr presided over a very tumultuous tenure, in which not only were there fatal uses of force by police against people of color under extremely controversial circumstances, there was also the scandal involving racist and homophobic text messages.\"\u003c/p>\n\u003cp>Woods' attorneys reference in their arguments the wide-ranging case of racist, homophobic and otherwise inappropriate \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> sent by other officers that came to light in spring of 2015, several months before Woods was shot. The city attempted to fire several of the officers, but that effort was delayed for three years through a legal challenge funded by the police officers union.\u003c/p>\n\u003cp>In the months after Woods was shot, Suhr and former Mayor Ed Lee requested \u003ca href=\"https://www.kqed.org/news/10825067/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\" rel=\"noopener\">different types of intervention\u003c/a> from the U.S. Department of Justice while the city's Police Commission rewrote SFPD's 20-year-old use-of-force rules. The DOJ's Office of Community Oriented Policing Services eventually conducted a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">review that found deficiencies\u003c/a> throughout the SFPD. That's something else cited in Woods' arguments.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS19088_IMG_4926-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges.\u003c/p>\n\u003c/aside>\n\u003cp>\"The Monell claim in this case is frivolous and should be dismissed,\" city attorney's spokesman Coté said via email. \"The San Francisco Police Department’s policies and practices have long conformed to constitutional standards. That has been proven in case after case for years. Changing a policy is not an indication it was unconstitutional.\"\u003c/p>\n\u003cp>There are indications that federal Judge William Orrick is not as dismissive of Woods' Monell claim as the city attorney's office is: He has already allowed it to continue as part of the overall case instead of granting the city's request to split it off and address potential liability of city officials only if the officers' conduct is found to have violated Woods' constitutional rights.\u003c/p>\n\u003cp>Surprisingly, at least a part of the city attorney's office and Woods' attorneys agree on one issue: Both sides want the district attorney's case file on his investigation into the shooting. Represented by another part of the city attorney's office, Gascón objected.\u003c/p>\n\u003cp>\"The parties are presently meeting and conferring with counsel for the district attorney, but anticipate the issue will require court intervention,\" a recent case management statement says.\u003c/p>\n\u003cp>USF's Bazelon said Woods' Monell claim \"raises an extremely important issue.\"\u003c/p>\n\u003cp>\"[It] makes a big difference in terms of what we as the public get to know about how our police officers are responding in situations like this, which are fraught and complicated and where lives are on the line,\" she said. \"If you get Greg Suhr on the witness stand in a trial, that opens up a public reckoning that we wouldn’t otherwise ever have, certainly not under the criminal justice system given that there is not going to be a prosecution in this case and likely any of the others.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Both parties are scheduled soon to file further briefs about the Suhr and Gascón depositions, as well as other disputes in the case. If Orrick doesn't rule based on the filings, the parties are scheduled for a hearing on June 28.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Attorneys representing \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a>’ mother are trying to force former San Francisco Police Chief Greg Suhr and current District Attorney George Gascón to give sworn testimony in a federal civil rights case over the fatal 2015 police shooting.\u003c/p>\n\u003cp>It’s part of a long-shot legal strategy to hold the city and high-ranking law enforcement officials liable for Woods' death, which sent a shock wave through the SFPD that eventually led to \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr's resignation\u003c/a> and a sweeping effort to reform the Police Department.\u003c/p>\n\u003cp>\"We’re trying to stop the bloodshed,\" said Gwendolyn Woods' attorney, Adante Pointer. \"What we see here is too many shootings that are going unpunished, undisciplined, unchecked, and we think there is definitely a culture of permissiveness at the San Francisco Police Department.\"\u003c/p>\n\u003cp>Both Suhr and Gascón, represented by San Francisco deputy city attorneys, have objected to subpoenas for their depositions.\u003c/p>\n\u003cp>\"Chief Suhr and District Attorney Gascón didn’t witness the shooting,\" city attorney's spokesman John Coté wrote in an emailed response. \"They don’t have facts that no one else has. This attempt to depose them is simply a transparent effort to harass current or former officials.\"\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671319/you-executed-him-all-over-again-family-members-respond-to-s-f-das-decisions-in-police-shooting-cases\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31199_alt_735-1180x1075.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">'Don't give my story nonchalantly,' Gwendolyn Woods pleaded to reporters.\u003c/p>\n\u003c/aside>\n\u003cp>Gascón called the slaying of Woods \"disturbing\" and \"unnecessary\" when he \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">announced his decision\u003c/a> a month ago not to file criminal charges against the officers involved. He said the state of the law prevented him from charging the officers because \"no crime was committed\" -- a conclusion that Gwendolyn Woods' attorney, John Burris, disputes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"He’s flat wrong,\" Burris said. \"The state of the law doesn’t allow you to just shoot somebody without justification -- police or not.\"\u003c/p>\n\u003cp>Mario Woods, a 26-year-old African-American, allegedly stabbed another man earlier on Dec. 2, 2015, when two patrol officers confronted him near a bus stop in the Bayview District. They would later tell investigators he brandished a knife and walked away.\u003c/p>\n\u003cp>Bystander video of the shooting starts after more officers arrived and deployed in a semicircle around Woods, who had a building at his back. Officers fired beanbag rounds at him and used pepper spray. Those measures appeared to slow Woods, but he didn't drop the knife. As he appears on the video to attempt to walk away, Officer Charles August stepped into his path, between Woods and a group of bystanders down the street.\u003c/p>\n\u003cp>\"Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,\" the district attorney's report on the shooting says. \"According to August, Woods never raised his voice, but kept repeating, 'You're gonna have to shoot me.' \"\u003c/p>\n\u003cp>August and four other officers fired, hitting Woods 20 times and grazing him once, according to an autopsy. Toxicology tests found methamphetamine and other drugs in his system.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife as he moved toward an officer.\u003c/p>\n\u003cp>\"The officer fearing for his safety ... he fired in defense of himself and the other four officers fired in defense of that officer,\" Suhr told the meeting.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods' hand did not rise until after he was shot and began to fall backward. Gwendolyn Woods' attorneys reached the same conclusion several days later, as did Gascón last month.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The legal mechanism to hold the city and high-ranking officials liable for Woods' death is called a Monell claim -- after a 1978 U.S. Supreme Court ruling.\u003c/p>\n\u003cp>The claim in the Woods case alleges San Francisco \"has engaged in a pattern and practice of excessive force, failure to discipline and ratification of police misconduct, which proximately caused the police shooting of Mario Woods,\" according to recent filings in the case.\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said Monell claims are typically very hard to prove. But several scandals surrounding the SFPD before and after Woods' death bolster the strategy in this case, she said -- most importantly, Suhr's statements directly following the shooting.\u003c/p>\n\u003cp>\"That actually underscores why this case may be different,\" Bazelon said. \"Chief Suhr presided over a very tumultuous tenure, in which not only were there fatal uses of force by police against people of color under extremely controversial circumstances, there was also the scandal involving racist and homophobic text messages.\"\u003c/p>\n\u003cp>Woods' attorneys reference in their arguments the wide-ranging case of racist, homophobic and otherwise inappropriate \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">text messages\u003c/a> sent by other officers that came to light in spring of 2015, several months before Woods was shot. The city attempted to fire several of the officers, but that effort was delayed for three years through a legal challenge funded by the police officers union.\u003c/p>\n\u003cp>In the months after Woods was shot, Suhr and former Mayor Ed Lee requested \u003ca href=\"https://www.kqed.org/news/10825067/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds\" target=\"_blank\" rel=\"noopener\">different types of intervention\u003c/a> from the U.S. Department of Justice while the city's Police Commission rewrote SFPD's 20-year-old use-of-force rules. The DOJ's Office of Community Oriented Policing Services eventually conducted a \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">review that found deficiencies\u003c/a> throughout the SFPD. That's something else cited in Woods' arguments.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS19088_IMG_4926-qut-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp>San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges.\u003c/p>\n\u003c/aside>\n\u003cp>\"The Monell claim in this case is frivolous and should be dismissed,\" city attorney's spokesman Coté said via email. \"The San Francisco Police Department’s policies and practices have long conformed to constitutional standards. That has been proven in case after case for years. Changing a policy is not an indication it was unconstitutional.\"\u003c/p>\n\u003cp>There are indications that federal Judge William Orrick is not as dismissive of Woods' Monell claim as the city attorney's office is: He has already allowed it to continue as part of the overall case instead of granting the city's request to split it off and address potential liability of city officials only if the officers' conduct is found to have violated Woods' constitutional rights.\u003c/p>\n\u003cp>Surprisingly, at least a part of the city attorney's office and Woods' attorneys agree on one issue: Both sides want the district attorney's case file on his investigation into the shooting. Represented by another part of the city attorney's office, Gascón objected.\u003c/p>\n\u003cp>\"The parties are presently meeting and conferring with counsel for the district attorney, but anticipate the issue will require court intervention,\" a recent case management statement says.\u003c/p>\n\u003cp>USF's Bazelon said Woods' Monell claim \"raises an extremely important issue.\"\u003c/p>\n\u003cp>\"[It] makes a big difference in terms of what we as the public get to know about how our police officers are responding in situations like this, which are fraught and complicated and where lives are on the line,\" she said. \"If you get Greg Suhr on the witness stand in a trial, that opens up a public reckoning that we wouldn’t otherwise ever have, certainly not under the criminal justice system given that there is not going to be a prosecution in this case and likely any of the others.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Both parties are scheduled soon to file further briefs about the Suhr and Gascón depositions, as well as other disputes in the case. If Orrick doesn't rule based on the filings, the parties are scheduled for a hearing on June 28.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases",
"title": "'You Executed Him All Over Again': Family Members Respond to S.F. DA's Decisions in Police Shooting Cases",
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"content": "\u003cp>\"Don't give my story nonchalantly,\" Gwendolyn Woods pleaded to a bank of television cameras and reporters Tuesday outside San Francisco's Hall of Justice. For nearly 10 minutes, she spoke about how she has been affected by San Francisco District Attorney George Gascón's \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">decision last week\u003c/a> to not criminally charge police officers who fatally shot her son.\u003c/p>\n\u003cp>Gwendolyn Woods doesn't protest weekly, as some people do in the name of Mario Woods. She has given few public statements about how her son's death on Dec. 2, 2015, changed her life, but she did share some of her pain in an \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">in-depth profile\u003c/a> published by the California Sunday Magazine last year.\u003c/p>\n\u003cp>Flanked by her attorney and family members of Luis Góngora -- whose case Gascón also closed last week with no criminal charges -- Gwendolyn Woods started with an attempt to set the record straight.\u003c/p>\n\u003cp>\"I'm not OK with this, Gascón,\" she said. \"You executed him all over again. I’m going to always say this: He was the best of me. People ask. He had empathy, that’s why. If he would have been in that situation, he would have said, 'Let’s try and talk him off a ledge.' No, you guys didn’t. 'Cause you’re so full of hate.\"\u003c/p>\n\u003cp>Woods at times paused, tapping her foot and seeming to hold back tears. Her voice rose to a screech of anger.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>Listen to the Gwendolyn Woods' statement in full below.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/180529GwendolynWoodsFull.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31198_alt_736.jpg\" Title=\"Gwendolyn Woods\" program=\"KQED News\"]\u003c/p>\n\u003cp>\"Why are you policing me in my community and you hate me?\" she said. \"It’ll never turn out well for me. If you’re that scared of me, don’t police me. Because it’s never going to turn out well.\"\u003c/p>\n\u003cp>She said her son had empathy, and he needed empathy from SFPD officers on the day he was shot.\u003c/p>\n\u003cp>Woods, 26, was under the influence of methamphetamine the day he was shot, according to the medical examiner's report on his death. He was wanted for allegedly stabbing a man in San Francisco's Bayview District near where about a dozen police officers confronted and eventually shot him.\u003c/p>\n\u003cp>According to the district attorney's report, citing statements from police officers, Woods said to officers that they would have to shoot him. Those statements are disputed by attorneys representing Gwendolyn Woods.\u003c/p>\n\u003cp>\"I heard ‘em say they had to stop people. They had to stop Mario. No they didn’t, because they just went ballistic with the gun when our babies were coming home from school,\" Gwendolyn Woods said. \"They saw him as nothing or nobody, or that nobody loved him. Let me tell you, I loved that kid and he was worth me fighting for. He was the best of me. Something you all can use on this police force, but you can’t because you’re racist and full of hate: empathy. Mario deserved a little empathy.\"\u003c/p>\n\u003cp>\"I'm so broken,\" she said repeatedly as she walked away from the microphones. \"I'm so broken.\"\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>Cousins and a brother of Luis Gongóra, who was killed about four months after Mario Woods by two SFPD officers in San Francisco's Mission District, also spoke Tuesday in reaction to the district attorney's decision not to file charges in that case. Gascón announced both decisions simultaneously last week.\u003c/p>\n\u003cp>José Góngora Pat, Luis Góngora's brother, said in Spanish that his heart is broken.\u003c/p>\n\u003cp>\"My struggle is against the injustice we share,\" he said. \"I promised my mother I would not rest until I found the way to consequences for those police officers. ... I'm up here crying before you. This is how they hurt us.\"\u003c/p>\n\u003cp>\u003cem>Listen to statements by family members of Luis Góngora below, including Spanish-to-English translation by advocate Adriana Camarena.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/05/GongoraRaw.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS31195_alt_737.jpg\" Title=\"José Góngora Pat\" program=\"KQED News\"]\u003c/p>\n\u003cp>On April 7, 2016, two SFPD officers briskly approached Góngora, who was sitting against a building in the city's Mission District and holding a kitchen knife, after a homeless outreach worker called 911 and reported him waving the knife around and acting erratically.\u003c/p>\n\u003cp>The shooting raised questions, including from former Police Chief Greg Suhr, about whether the officers adhered to SFPD rules enacted in 2013 that encourage fostering \"time and distance\" when confronting suspects armed with knives who may be in psychiatric crisis.\u003c/p>\n\u003cp>The officers moved toward Góngora while shouting commands, and one fired four impact rounds before transitioning to his firearm. The encounter lasted less than 30 seconds.\u003c/p>\n\u003cp>The district attorney's investigation found that Góngora moved approximately 23 feet toward the officers during the encounter, and that he was holding a knife. Góngora had a high level of methamphetamine in his system, according to the medical examiner's report.\u003c/p>\n\u003cp>\"We will prove that they killed an innocent man, a person who never caused harm,\" Góngora's widow, Fidelia del Carmen May Can, said in a statement from Yucatan, Mexico, which was read Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Woods' and Góngora's families have filed federal civil rights lawsuits, and those cases are pending.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\"Don't give my story nonchalantly,\" Gwendolyn Woods pleaded to a bank of television cameras and reporters Tuesday outside San Francisco's Hall of Justice. For nearly 10 minutes, she spoke about how she has been affected by San Francisco District Attorney George Gascón's \u003ca href=\"https://www.kqed.org/news/11670339/no-charges-s-f-da-closes-2-controversial-police-shooting-cases-that-led-to-era-of-reform\" target=\"_blank\" rel=\"noopener\">decision last week\u003c/a> to not criminally charge police officers who fatally shot her son.\u003c/p>\n\u003cp>Gwendolyn Woods doesn't protest weekly, as some people do in the name of Mario Woods. She has given few public statements about how her son's death on Dec. 2, 2015, changed her life, but she did share some of her pain in an \u003ca href=\"https://story.californiasunday.com/mario-woods-after-shooting\" target=\"_blank\" rel=\"noopener\">in-depth profile\u003c/a> published by the California Sunday Magazine last year.\u003c/p>\n\u003cp>Flanked by her attorney and family members of Luis Góngora -- whose case Gascón also closed last week with no criminal charges -- Gwendolyn Woods started with an attempt to set the record straight.\u003c/p>\n\u003cp>\"I'm not OK with this, Gascón,\" she said. \"You executed him all over again. I’m going to always say this: He was the best of me. People ask. He had empathy, that’s why. If he would have been in that situation, he would have said, 'Let’s try and talk him off a ledge.' No, you guys didn’t. 'Cause you’re so full of hate.\"\u003c/p>\n\u003cp>Woods at times paused, tapping her foot and seeming to hold back tears. Her voice rose to a screech of anger.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Why are you policing me in my community and you hate me?\" she said. \"It’ll never turn out well for me. If you’re that scared of me, don’t police me. Because it’s never going to turn out well.\"\u003c/p>\n\u003cp>She said her son had empathy, and he needed empathy from SFPD officers on the day he was shot.\u003c/p>\n\u003cp>Woods, 26, was under the influence of methamphetamine the day he was shot, according to the medical examiner's report on his death. He was wanted for allegedly stabbing a man in San Francisco's Bayview District near where about a dozen police officers confronted and eventually shot him.\u003c/p>\n\u003cp>According to the district attorney's report, citing statements from police officers, Woods said to officers that they would have to shoot him. Those statements are disputed by attorneys representing Gwendolyn Woods.\u003c/p>\n\u003cp>\"I heard ‘em say they had to stop people. They had to stop Mario. No they didn’t, because they just went ballistic with the gun when our babies were coming home from school,\" Gwendolyn Woods said. \"They saw him as nothing or nobody, or that nobody loved him. Let me tell you, I loved that kid and he was worth me fighting for. He was the best of me. Something you all can use on this police force, but you can’t because you’re racist and full of hate: empathy. Mario deserved a little empathy.\"\u003c/p>\n\u003cp>\"I'm so broken,\" she said repeatedly as she walked away from the microphones. \"I'm so broken.\"\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>Cousins and a brother of Luis Gongóra, who was killed about four months after Mario Woods by two SFPD officers in San Francisco's Mission District, also spoke Tuesday in reaction to the district attorney's decision not to file charges in that case. Gascón announced both decisions simultaneously last week.\u003c/p>\n\u003cp>José Góngora Pat, Luis Góngora's brother, said in Spanish that his heart is broken.\u003c/p>\n\u003cp>\"My struggle is against the injustice we share,\" he said. \"I promised my mother I would not rest until I found the way to consequences for those police officers. ... I'm up here crying before you. This is how they hurt us.\"\u003c/p>\n\u003cp>\u003cem>Listen to statements by family members of Luis Góngora below, including Spanish-to-English translation by advocate Adriana Camarena.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On April 7, 2016, two SFPD officers briskly approached Góngora, who was sitting against a building in the city's Mission District and holding a kitchen knife, after a homeless outreach worker called 911 and reported him waving the knife around and acting erratically.\u003c/p>\n\u003cp>The shooting raised questions, including from former Police Chief Greg Suhr, about whether the officers adhered to SFPD rules enacted in 2013 that encourage fostering \"time and distance\" when confronting suspects armed with knives who may be in psychiatric crisis.\u003c/p>\n\u003cp>The officers moved toward Góngora while shouting commands, and one fired four impact rounds before transitioning to his firearm. The encounter lasted less than 30 seconds.\u003c/p>\n\u003cp>The district attorney's investigation found that Góngora moved approximately 23 feet toward the officers during the encounter, and that he was holding a knife. Góngora had a high level of methamphetamine in his system, according to the medical examiner's report.\u003c/p>\n\u003cp>\"We will prove that they killed an innocent man, a person who never caused harm,\" Góngora's widow, Fidelia del Carmen May Can, said in a statement from Yucatan, Mexico, which was read Tuesday.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Both Woods' and Góngora's families have filed federal civil rights lawsuits, and those cases are pending.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>San Francisco District Attorney George Gascón announced on Thursday his office will \u003ca href=\"http://bit.ly/fioresfpdshootings\">not file charges over two SFPD shootings\u003c/a>, and called for changing the legal standard for police use of force.\u003c/p>\n\u003cp>Immediately before police officers shot Mario Woods, Sgt. Hugh Hall was heard on dispatch recordings saying \"time and distance, time and distance,\" a reference to a 2013 SFPD policy about dealing with people armed with weapons.\u003c/p>\n\u003cp>Gascón called the shootings of Mario Woods and Luis Góngora \"disturbing\" and \"unnecessary.\"\u003c/p>\n\u003cp>The DA supports AB 931, which would change the legal standard for police use of deadly force from \"reasonable\" to \"necessary.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney George Gascón announced on Thursday his office will \u003ca href=\"http://bit.ly/fioresfpdshootings\">not file charges over two SFPD shootings\u003c/a>, and called for changing the legal standard for police use of force.\u003c/p>\n\u003cp>Immediately before police officers shot Mario Woods, Sgt. Hugh Hall was heard on dispatch recordings saying \"time and distance, time and distance,\" a reference to a 2013 SFPD policy about dealing with people armed with weapons.\u003c/p>\n\u003cp>Gascón called the shootings of Mario Woods and Luis Góngora \"disturbing\" and \"unnecessary.\"\u003c/p>\n\u003cp>The DA supports AB 931, which would change the legal standard for police use of deadly force from \"reasonable\" to \"necessary.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>Updated Thursday, 4:30 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón announced Thursday his office will not file criminal charges against police officers involved in two fatal shootings that were responsible in part for forcing the resignation of former Police Chief Greg Suhr and prompting a sweeping Police Department reform effort.\u003c/p>\n\u003cp>In an interview Wednesday, Gascón called the SFPD shootings of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/luis-gongora\" target=\"_blank\" rel=\"noopener\">Luis Góngora\u003c/a> “disturbing” and “unnecessary.”\u003c/p>\n\u003cp>“To the Woods family and the Góngora family, there are not enough words that I can say that are going to bring their loved one back,” Gascón said. “And all I can say with a tremendous amount of sorrow is that I’m very sorry. I’m very sorry that they lost a son, they lost a brother, a friend, because I don’t believe that that was necessary.”\u003c/p>\n\u003cp>But Gascón said the legal standard for criminally charging police officers for on-duty use of force makes it impossible to file charges in either case. He said changing that legal standard would likely prevent similar shootings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gascón is the only California district attorney in support of \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\" rel=\"noopener\">AB 931, pending legislation\u003c/a> that would change the legal standard for police use of deadly force from “reasonable” to “necessary.”\u003c/p>\n\u003cp>“The law should be changed, but the law does not in and of itself prevent these prosecutions from taking place,” civil rights attorney Adante Pointer said Thursday after Gascón’s charging decision was made public. “We don’t think that it was reasonable to fire 21 shots at Mario Woods or seven shots at Luis Góngora Pat. That’s unreasonable.”\u003c/p>\n\u003cp>Here are summaries of the Woods and Góngora cases and the district attorney’s findings:\u003c/p>\n\u003cp>\u003cstrong>Mario Woods\u003c/strong>\u003c/p>\n\u003cp>Bystander video captured the death of Mario Woods on the afternoon of Dec. 2, 2015, from multiple angles. By evening, videos were spreading online and sending a shudder through city leadership that would spawn a \u003ca href=\"https://www.kqed.org/news/10851435\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of the Police Department and a complete \u003ca href=\"https://www.kqed.org/news/10999007\" target=\"_blank\" rel=\"noopener\">rewriting\u003c/a> of its rules governing officers’ use of force.\u003c/p>\n\u003cp>According to the district attorney’s account released Thursday, two officers patrolling the city’s Bayview neighborhood on that Wednesday afternoon were on the lookout for a man suspected of stabbing another man during a street confrontation. They spotted Woods, who police said matched witnesses’ description of the suspect, near a bus stop just off Third Street.\u003c/p>\n\u003cp>“Officer [Charles] August made initial contact with Woods, who immediately brandished a knife and started walking away,” the report says. “Officer August reported that he repeatedly told Woods to drop the knife, and Woods was ‘yellin’ back’ at him: ‘You’re gonna have to fuckin’ shoot me.’ ”\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003cp>Officer Brandon Thompson broadcast on police radio that Woods had a knife and was “coming at my partner.” He requested backup and for officers to bring a “less lethal” weapon that fires beanbag rounds.\u003c/p>\n\u003cp>Approximately nine officers with guns drawn formed a semicircle around Woods as he backed up against a building on Keith Street, just off Third Street.\u003c/p>\n\u003cp>Officers fired six impact rounds at Woods and pepper-sprayed him, the report says, but neither measure had much effect and Woods continued to hold a 4.5-inch serrated knife.\u003c/p>\n\u003cp>Dispatch recordings captured some of the discussion of the incident in real time. A supervisor, Sgt. Hugh Hall, ordered officers to fire impact rounds at Woods.\u003c/p>\n\u003cp>“Sgt. Hall then said, ‘Time and distance, time and distance,'” according to the district attorney’s report — a reference to an \u003ca href=\"https://www.scribd.com/document/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\" rel=\"noopener\">SFPD policy\u003c/a> dating back to 2013 that encourages officers to wait out people armed with an edged weapon who may not be a danger to anyone but themselves.\u003c/p>\n\u003cp>“Officer Thompson reported that [the impact rounds] had been deployed four times but Woods was ‘refusing to drop the knife,'” the report says.\u003c/p>\n\u003cp>When Woods started to walk north toward a group of bystanders, “the standoff escalated,” the report says. August walked backward and into Woods’ path.\u003c/p>\n\u003cp>“Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,” the report says. “According to August, Woods never raised his voice, but kept repeating, ‘You’re gonna have to shoot me.'”\u003c/p>\n\u003cp>August fired five times. “Officer August did not believe he could have done anything differently,” the report says.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife and lunge at an officer. A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods’ hand did not raise until after he was shot and began to fall backward.\u003c/p>\n\u003cp>https://youtu.be/ij5TZuohoRg\u003c/p>\n\u003cp>Gascón said Suhr’s statements did not negatively impact his office’s investigation.\u003c/p>\n\u003cp>“Obviously that was inaccurate,” Gascón said. “It didn’t impact our investigation one way or another, but I think it impacted the community’s view of the credibility of the police chief at the time.”\u003c/p>\n\u003cp>Four officers besides August opened fire during the incident. All told, police fired 26 rounds at Woods, who was hit 20 times, according to an autopsy.\u003c/p>\n\u003cp>The district attorney’s report says investigators with the DA’s Independent Investigations Bureau were unable to identify every officer who was on the scene “because most SFPD officers we contacted refused to cooperate with IIB’s investigation.” The DA’s bureau has been \u003ca href=\"https://www.kqed.org/news/11331921/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation\" target=\"_blank\" rel=\"noopener\">poised for over a year\u003c/a> to take a lead role in police shooting cases, which are currently led by the Police Department’s homicide division, but the final agreement on that change has stalled in negotiations with the officers union.\u003c/p>\n\u003cp>Several of the officers referenced “the 21-foot rule” as a reason they fired when Woods got too close to August. That’s based on a belief that an adult male armed with a knife can cover about 21 feet in the time it takes an officer to draw a gun and fire. SFPD does not teach the theory as a “rule,” but does generally instruct officers that suspects armed with knives can cover a lot of distance in a short time, according to the district attorney’s report.\u003c/p>\n\u003cp>Attorney Adante Pointer, who represents Mario Woods’ mother, said Woods didn’t say any of the things he’s quoted as saying in the district attorney’s report.\u003c/p>\n\u003cp>“Mario Woods never threatened a single officer on that scene by saying anything,” Pointer said. “He didn’t make any suicidal statements to them, nor did he make any type of homicidal statements to them. He never lunged at anybody with a knife. He never threw the knife at anyone. He didn’t do so much as curse at those officers. So what we’re talking about here is a case where simple possession turns into a death sentence. It’s a comply or die mentality.”\u003c/p>\n\u003cp>An SFPD training sergeant, Steven Pomatto, found that all of the officers acted in accordance with their training, and an independent use-of-force expert retained by the district attorney’s office found the officers followed national standards for use of force.\u003c/p>\n\u003cp>“Though he believed that the officers acted in accordance with their training, Sgt. Pomatto would have preferred it if the officers had been able to take cover, but explained that the presence of bystanders may have caused the officers to create a tight perimeter around Woods,” the report says. “Sgt. Pomatto also said the officers’ tight semicircle increased the risk of cross-fire — i.e., officers hitting each other when they fired. The current training curriculum emphasizes more supervisory scene control with sergeants directing officers into position and handling crowd control.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examination\u003c/a> of Woods’ body found an intoxicating level of methamphetamine in his system. The DA’s report includes a forensic toxicologist’s statement that the presence of methamphetamine may explain why Woods did not react to the impact rounds or pepper spray that officers used before he was shot.\u003c/p>\n\u003cp>“At the point at which the officers fired, Woods was less than eight feet away from Officer August,” the report says. “At this distance, it was not unreasonable to believe that Woods posed an imminent threat of serious bodily injury to Officer August, even though Woods was not lunging towards or attempting to stab Officer August.”\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>After the Woods shooting, Mayor Ed Lee and Police Chief Suhr each \u003ca href=\"https://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds/\" target=\"_blank\" rel=\"noopener\">announced “a comprehensive review”\u003c/a> of the SFPD’s use-of-force policies — including consultation with the federal agencies. A \u003ca href=\"https://ww2.kqed.org/news/2016/01/21/dramatic-divide-between-cops-protesters-at-s-f-police-commission-meeting/\" target=\"_blank\" rel=\"noopener\">heated debate\u003c/a> was playing out over what would become the Police Department’s new use-of-force policy.\u003c/p>\n\u003cp>On the morning of April 7, 2016, two SFPD officers responded to a Mission District street after a homeless outreach worker called to report a man acting erratically and waving a large knife.\u003c/p>\n\u003cp>The San Francisco Homeless Outreach Team member who called police reported that she was reluctant to do so and would later struggle with the decision, according to the district attorney’s report.\u003c/p>\n\u003cp>“[S]he has been traumatized by this incident and feels responsible because she was the one who called 911,” the report says.\u003c/p>\n\u003cp>SFPD Officer Michael Mellone and Sgt. Nate Steger first contacted Góngora just after 10 a.m. as he was sitting with his back against a PG&E building on Shotwell Street, holding a knife. They were soon joined by Officer Esteban Perez.\u003c/p>\n\u003cp>Steger and Mellone approached Góngora, ordering him to drop the knife. Mellone can be seen on surveillance video originally published by the San Francisco Chronicle pointing a shotgun that fires impact rounds, and Steger drew his firearm to provide cover to Mellone, according to the officers’ statements in the district attorney’s report. Perez repeated the commands to drop the knife in Spanish, according to the report.\u003c/p>\n\u003cp>At one point, Mellone broadcast that the suspect “just dropped the knife,” but Góngora almost immediately picked it back up, according to the report, which cites all three officers’ statements and several civilian witness accounts.\u003c/p>\n\u003cp>About 22 seconds elapsed between the officers’ initial contact with Góngora and the gunshots that would kill him, according to the report and the surveillance video, which captures the officers but does not show Góngora’s actions because he was outside the camera’s frame.\u003c/p>\n\u003cp>Mellone fired four beanbag rounds from the impact weapon. The rounds hit Góngora as he was seated and starting to stand, according to Mellone’s statement in the district attorney’s report.\u003c/p>\n\u003cp>“Officer Mellone said he was stunned by how ineffective the beanbags were,” the report says.\u003c/p>\n\u003cp>After he stood, Góngora took a couple of steps, then turned and ran toward Steger, according to the officers’ statements and multiple civilian witnesses.\u003c/p>\n\u003cp>“Because he was ‘scared’ that Góngora was going to kill him, Sergeant Steger fired his gun at Góngora’s torso as Góngora got within approximately eight to ten feet,” the report says.”Góngora continued to advance toward him, so Sergeant Steger backed away and fired additional rounds, including a shot to Góngora’s head. Sergeant Steger felt he had no choice but to use deadly force.”\u003c/p>\n\u003cp>Mellone transitioned from the impact shotgun to his firearm and also shot at Góngora. Perez did not fire his weapon.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">autopsy\u003c/a> found Góngora was shot six times, including once in the head. He was pronounced dead at the hospital later that day. A city forensic toxicologist found that “Góngora’s methamphetamine level was high enough to kill or hospitalize a non-habitual user,” according to the district attorney’s report.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10922766/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\" rel=\"noopener\">Witnesses\u003c/a> who lived in a cluster of tents on Shotwell Street said on the day of the shooting that Góngora was not holding the knife when he was shot, and that they believed it was tucked into his belt. The district attorney’s investigation found that those accounts did not match the physical evidence, including the discovery of the knife near Góngora’s body, and other witness accounts of the knife still being in his hand immediately after he was shot. The district attorney’s report found that Góngora had traveled about 23 feet toward Steger during the short encounter, based on his initial position and where he fell after he was shot.\u003c/p>\n\u003cp>The district attorney’s report on the Góngora shooting appears more critical of officers’ tactics than the report on the shooting of Woods. It says, “[T]his evaluation \u003cstrong>does not\u003c/strong> address issues such as whether officers used appropriate crisis intervention tactics or issues related to civil liability.” (Emphasis in original document.)\u003c/p>\n\u003cp>In an interview Wednesday, Gascón was more straightforward.\u003c/p>\n\u003cp>“The whole concept of time and distance never really played a role” in the Góngora shooting, Gascón said. “The question for me is not the last 10, 15 seconds of the incident. The question for me is was that necessary? Do we have to push ourselves to get to that point. Everything happened in 22 seconds.”\u003c/p>\n\u003cp>Suhr, who wrote the initial policy that required SFPD officers to create “time and distance,” made similar statements in the days following Góngora’s death.\u003c/p>\n\u003cp>“I’ve been talking time and distance and de-escalation — that’s pretty much all I’ve been talking about all of 2016,” Suhr said a week after the shooting. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora’s death escalated pressure for Suhr’s ouster, including the launch of a 17-day hunger strike outside Mission Station. \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr resigned\u003c/a> on May 19, 2016, hours after the fatal police shooting of Jessica Williams on a Bayview District street.\u003c/p>\n\u003cp>\u003cstrong>‘Reasonable’ Versus ‘Necessary’\u003c/strong>\u003c/p>\n\u003cp>Gascón said he supports AB 931 — the legislation changing the legal standard for police use of force — because it would allow consideration of alternatives to deadly force when making charging decisions about police shootings.\u003c/p>\n\u003cp>More important, Gascón said, changing the legal standard would force police departments to alter training and use-of-force policies and would prevent many shootings.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I don’t believe that we want to live in a society where we take human life so lightly that we’re willing to take it just because we can,” he said.\u003c/p>\n\n",
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"excerpt": "San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges. ",
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"title": "No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform | KQED",
"description": "San Francisco District Attorney George Gascón calls fatal shootings of Mario Woods and Luis Góngora 'disturbing' and 'unnecessary' -- but says legal standard for charging police officers makes it impossible to file charges. ",
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"headline": "No Charges: S.F. DA Closes Two Controversial Police Shooting Cases That Led to Era of Reform",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, 4:30 p.m.\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón announced Thursday his office will not file criminal charges against police officers involved in two fatal shootings that were responsible in part for forcing the resignation of former Police Chief Greg Suhr and prompting a sweeping Police Department reform effort.\u003c/p>\n\u003cp>In an interview Wednesday, Gascón called the SFPD shootings of \u003ca href=\"https://www.kqed.org/news/tag/mario-woods\" target=\"_blank\" rel=\"noopener\">Mario Woods\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/luis-gongora\" target=\"_blank\" rel=\"noopener\">Luis Góngora\u003c/a> “disturbing” and “unnecessary.”\u003c/p>\n\u003cp>“To the Woods family and the Góngora family, there are not enough words that I can say that are going to bring their loved one back,” Gascón said. “And all I can say with a tremendous amount of sorrow is that I’m very sorry. I’m very sorry that they lost a son, they lost a brother, a friend, because I don’t believe that that was necessary.”\u003c/p>\n\u003cp>But Gascón said the legal standard for criminally charging police officers for on-duty use of force makes it impossible to file charges in either case. He said changing that legal standard would likely prevent similar shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón is the only California district attorney in support of \u003ca href=\"https://www.kqed.org/news/11659697/bill-would-change-when-california-cops-can-use-deadly-force\" target=\"_blank\" rel=\"noopener\">AB 931, pending legislation\u003c/a> that would change the legal standard for police use of deadly force from “reasonable” to “necessary.”\u003c/p>\n\u003cp>“The law should be changed, but the law does not in and of itself prevent these prosecutions from taking place,” civil rights attorney Adante Pointer said Thursday after Gascón’s charging decision was made public. “We don’t think that it was reasonable to fire 21 shots at Mario Woods or seven shots at Luis Góngora Pat. That’s unreasonable.”\u003c/p>\n\u003cp>Here are summaries of the Woods and Góngora cases and the district attorney’s findings:\u003c/p>\n\u003cp>\u003cstrong>Mario Woods\u003c/strong>\u003c/p>\n\u003cp>Bystander video captured the death of Mario Woods on the afternoon of Dec. 2, 2015, from multiple angles. By evening, videos were spreading online and sending a shudder through city leadership that would spawn a \u003ca href=\"https://www.kqed.org/news/10851435\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of the Police Department and a complete \u003ca href=\"https://www.kqed.org/news/10999007\" target=\"_blank\" rel=\"noopener\">rewriting\u003c/a> of its rules governing officers’ use of force.\u003c/p>\n\u003cp>According to the district attorney’s account released Thursday, two officers patrolling the city’s Bayview neighborhood on that Wednesday afternoon were on the lookout for a man suspected of stabbing another man during a street confrontation. They spotted Woods, who police said matched witnesses’ description of the suspect, near a bus stop just off Third Street.\u003c/p>\n\u003cp>“Officer [Charles] August made initial contact with Woods, who immediately brandished a knife and started walking away,” the report says. “Officer August reported that he repeatedly told Woods to drop the knife, and Woods was ‘yellin’ back’ at him: ‘You’re gonna have to fuckin’ shoot me.’ ”\u003c/p>\n\u003cdiv style=\"width: 100%\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=v2:2PACX-1vSlaNRw-mQjxRlKnnGNJqlE97gQe1iTdq0aXgx4iyNCKnlJ06oiy5qNh4y6Rk8VWA&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\n\u003c/div>\n\u003cp>Officer Brandon Thompson broadcast on police radio that Woods had a knife and was “coming at my partner.” He requested backup and for officers to bring a “less lethal” weapon that fires beanbag rounds.\u003c/p>\n\u003cp>Approximately nine officers with guns drawn formed a semicircle around Woods as he backed up against a building on Keith Street, just off Third Street.\u003c/p>\n\u003cp>Officers fired six impact rounds at Woods and pepper-sprayed him, the report says, but neither measure had much effect and Woods continued to hold a 4.5-inch serrated knife.\u003c/p>\n\u003cp>Dispatch recordings captured some of the discussion of the incident in real time. A supervisor, Sgt. Hugh Hall, ordered officers to fire impact rounds at Woods.\u003c/p>\n\u003cp>“Sgt. Hall then said, ‘Time and distance, time and distance,'” according to the district attorney’s report — a reference to an \u003ca href=\"https://www.scribd.com/document/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\" rel=\"noopener\">SFPD policy\u003c/a> dating back to 2013 that encourages officers to wait out people armed with an edged weapon who may not be a danger to anyone but themselves.\u003c/p>\n\u003cp>“Officer Thompson reported that [the impact rounds] had been deployed four times but Woods was ‘refusing to drop the knife,'” the report says.\u003c/p>\n\u003cp>When Woods started to walk north toward a group of bystanders, “the standoff escalated,” the report says. August walked backward and into Woods’ path.\u003c/p>\n\u003cp>“Officer August stated he believed Woods posed a potential danger to the civilians and might take one as a hostage,” the report says. “According to August, Woods never raised his voice, but kept repeating, ‘You’re gonna have to shoot me.'”\u003c/p>\n\u003cp>August fired five times. “Officer August did not believe he could have done anything differently,” the report says.\u003c/p>\n\u003cp>In the days following the shooting, former Police Chief Greg Suhr said at a town hall meeting that the bystander video showed Woods raise the knife and lunge at an officer. A \u003ca href=\"https://www.kqed.org/news/10786115/video-evidence-appears-to-contradict-sfpd-account-of-mario-woods-killing\" target=\"_blank\" rel=\"noopener\">KQED analysis\u003c/a> of the video indicated that Woods’ hand did not raise until after he was shot and began to fall backward.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/ij5TZuohoRg'\n title='//www.youtube.com/embed/ij5TZuohoRg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Gascón said Suhr’s statements did not negatively impact his office’s investigation.\u003c/p>\n\u003cp>“Obviously that was inaccurate,” Gascón said. “It didn’t impact our investigation one way or another, but I think it impacted the community’s view of the credibility of the police chief at the time.”\u003c/p>\n\u003cp>Four officers besides August opened fire during the incident. All told, police fired 26 rounds at Woods, who was hit 20 times, according to an autopsy.\u003c/p>\n\u003cp>The district attorney’s report says investigators with the DA’s Independent Investigations Bureau were unable to identify every officer who was on the scene “because most SFPD officers we contacted refused to cooperate with IIB’s investigation.” The DA’s bureau has been \u003ca href=\"https://www.kqed.org/news/11331921/s-f-das-effort-to-take-lead-in-police-shooting-cases-stalls-as-officers-union-seeks-negotiation\" target=\"_blank\" rel=\"noopener\">poised for over a year\u003c/a> to take a lead role in police shooting cases, which are currently led by the Police Department’s homicide division, but the final agreement on that change has stalled in negotiations with the officers union.\u003c/p>\n\u003cp>Several of the officers referenced “the 21-foot rule” as a reason they fired when Woods got too close to August. That’s based on a belief that an adult male armed with a knife can cover about 21 feet in the time it takes an officer to draw a gun and fire. SFPD does not teach the theory as a “rule,” but does generally instruct officers that suspects armed with knives can cover a lot of distance in a short time, according to the district attorney’s report.\u003c/p>\n\u003cp>Attorney Adante Pointer, who represents Mario Woods’ mother, said Woods didn’t say any of the things he’s quoted as saying in the district attorney’s report.\u003c/p>\n\u003cp>“Mario Woods never threatened a single officer on that scene by saying anything,” Pointer said. “He didn’t make any suicidal statements to them, nor did he make any type of homicidal statements to them. He never lunged at anybody with a knife. He never threw the knife at anyone. He didn’t do so much as curse at those officers. So what we’re talking about here is a case where simple possession turns into a death sentence. It’s a comply or die mentality.”\u003c/p>\n\u003cp>An SFPD training sergeant, Steven Pomatto, found that all of the officers acted in accordance with their training, and an independent use-of-force expert retained by the district attorney’s office found the officers followed national standards for use of force.\u003c/p>\n\u003cp>“Though he believed that the officers acted in accordance with their training, Sgt. Pomatto would have preferred it if the officers had been able to take cover, but explained that the presence of bystanders may have caused the officers to create a tight perimeter around Woods,” the report says. “Sgt. Pomatto also said the officers’ tight semicircle increased the risk of cross-fire — i.e., officers hitting each other when they fired. The current training curriculum emphasizes more supervisory scene control with sergeants directing officers into position and handling crowd control.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/10861667/medical-examiners-report-on-mario-woods-shooting-released\" target=\"_blank\" rel=\"noopener\">medical examination\u003c/a> of Woods’ body found an intoxicating level of methamphetamine in his system. The DA’s report includes a forensic toxicologist’s statement that the presence of methamphetamine may explain why Woods did not react to the impact rounds or pepper spray that officers used before he was shot.\u003c/p>\n\u003cp>“At the point at which the officers fired, Woods was less than eight feet away from Officer August,” the report says. “At this distance, it was not unreasonable to believe that Woods posed an imminent threat of serious bodily injury to Officer August, even though Woods was not lunging towards or attempting to stab Officer August.”\u003c/p>\n\u003cp>\u003cstrong>Luis Góngora\u003c/strong>\u003c/p>\n\u003cp>After the Woods shooting, Mayor Ed Lee and Police Chief Suhr each \u003ca href=\"https://ww2.kqed.org/news/2016/01/07/s-f-mayor-pushes-police-to-fast-track-use-of-force-reform-chief-calls-in-feds/\" target=\"_blank\" rel=\"noopener\">announced “a comprehensive review”\u003c/a> of the SFPD’s use-of-force policies — including consultation with the federal agencies. A \u003ca href=\"https://ww2.kqed.org/news/2016/01/21/dramatic-divide-between-cops-protesters-at-s-f-police-commission-meeting/\" target=\"_blank\" rel=\"noopener\">heated debate\u003c/a> was playing out over what would become the Police Department’s new use-of-force policy.\u003c/p>\n\u003cp>On the morning of April 7, 2016, two SFPD officers responded to a Mission District street after a homeless outreach worker called to report a man acting erratically and waving a large knife.\u003c/p>\n\u003cp>The San Francisco Homeless Outreach Team member who called police reported that she was reluctant to do so and would later struggle with the decision, according to the district attorney’s report.\u003c/p>\n\u003cp>“[S]he has been traumatized by this incident and feels responsible because she was the one who called 911,” the report says.\u003c/p>\n\u003cp>SFPD Officer Michael Mellone and Sgt. Nate Steger first contacted Góngora just after 10 a.m. as he was sitting with his back against a PG&E building on Shotwell Street, holding a knife. They were soon joined by Officer Esteban Perez.\u003c/p>\n\u003cp>Steger and Mellone approached Góngora, ordering him to drop the knife. Mellone can be seen on surveillance video originally published by the San Francisco Chronicle pointing a shotgun that fires impact rounds, and Steger drew his firearm to provide cover to Mellone, according to the officers’ statements in the district attorney’s report. Perez repeated the commands to drop the knife in Spanish, according to the report.\u003c/p>\n\u003cp>At one point, Mellone broadcast that the suspect “just dropped the knife,” but Góngora almost immediately picked it back up, according to the report, which cites all three officers’ statements and several civilian witness accounts.\u003c/p>\n\u003cp>About 22 seconds elapsed between the officers’ initial contact with Góngora and the gunshots that would kill him, according to the report and the surveillance video, which captures the officers but does not show Góngora’s actions because he was outside the camera’s frame.\u003c/p>\n\u003cp>Mellone fired four beanbag rounds from the impact weapon. The rounds hit Góngora as he was seated and starting to stand, according to Mellone’s statement in the district attorney’s report.\u003c/p>\n\u003cp>“Officer Mellone said he was stunned by how ineffective the beanbags were,” the report says.\u003c/p>\n\u003cp>After he stood, Góngora took a couple of steps, then turned and ran toward Steger, according to the officers’ statements and multiple civilian witnesses.\u003c/p>\n\u003cp>“Because he was ‘scared’ that Góngora was going to kill him, Sergeant Steger fired his gun at Góngora’s torso as Góngora got within approximately eight to ten feet,” the report says.”Góngora continued to advance toward him, so Sergeant Steger backed away and fired additional rounds, including a shot to Góngora’s head. Sergeant Steger felt he had no choice but to use deadly force.”\u003c/p>\n\u003cp>Mellone transitioned from the impact shotgun to his firearm and also shot at Góngora. Perez did not fire his weapon.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/11109658/autopsy-for-homeless-man-killed-in-s-f-police-shooting-released\" target=\"_blank\" rel=\"noopener\">autopsy\u003c/a> found Góngora was shot six times, including once in the head. He was pronounced dead at the hospital later that day. A city forensic toxicologist found that “Góngora’s methamphetamine level was high enough to kill or hospitalize a non-habitual user,” according to the district attorney’s report.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/10922766/officer-involved-shooting-in-s-f-s-mission-district\" target=\"_blank\" rel=\"noopener\">Witnesses\u003c/a> who lived in a cluster of tents on Shotwell Street said on the day of the shooting that Góngora was not holding the knife when he was shot, and that they believed it was tucked into his belt. The district attorney’s investigation found that those accounts did not match the physical evidence, including the discovery of the knife near Góngora’s body, and other witness accounts of the knife still being in his hand immediately after he was shot. The district attorney’s report found that Góngora had traveled about 23 feet toward Steger during the short encounter, based on his initial position and where he fell after he was shot.\u003c/p>\n\u003cp>The district attorney’s report on the Góngora shooting appears more critical of officers’ tactics than the report on the shooting of Woods. It says, “[T]his evaluation \u003cstrong>does not\u003c/strong> address issues such as whether officers used appropriate crisis intervention tactics or issues related to civil liability.” (Emphasis in original document.)\u003c/p>\n\u003cp>In an interview Wednesday, Gascón was more straightforward.\u003c/p>\n\u003cp>“The whole concept of time and distance never really played a role” in the Góngora shooting, Gascón said. “The question for me is not the last 10, 15 seconds of the incident. The question for me is was that necessary? Do we have to push ourselves to get to that point. Everything happened in 22 seconds.”\u003c/p>\n\u003cp>Suhr, who wrote the initial policy that required SFPD officers to create “time and distance,” made similar statements in the days following Góngora’s death.\u003c/p>\n\u003cp>“I’ve been talking time and distance and de-escalation — that’s pretty much all I’ve been talking about all of 2016,” Suhr said a week after the shooting. “So there’ll be a lot of questions about tactics on why that didn’t happen.”\u003c/p>\n\u003cp>Góngora’s death escalated pressure for Suhr’s ouster, including the launch of a 17-day hunger strike outside Mission Station. \u003ca href=\"https://www.kqed.org/news/10961193/suhr-resigns-after-series-of-fatal-officer-involved-shootings\" target=\"_blank\" rel=\"noopener\">Suhr resigned\u003c/a> on May 19, 2016, hours after the fatal police shooting of Jessica Williams on a Bayview District street.\u003c/p>\n\u003cp>\u003cstrong>‘Reasonable’ Versus ‘Necessary’\u003c/strong>\u003c/p>\n\u003cp>Gascón said he supports AB 931 — the legislation changing the legal standard for police use of force — because it would allow consideration of alternatives to deadly force when making charging decisions about police shootings.\u003c/p>\n\u003cp>More important, Gascón said, changing the legal standard would force police departments to alter training and use-of-force policies and would prevent many shootings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/news/series/baycurious",
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"source": "kqed",
"order": 3
},
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}
},
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"id": "bbc-world-service",
"title": "BBC World Service",
"info": "The day's top stories from BBC News compiled twice daily in the week, once at weekends.",
"airtime": "MON-FRI 9pm-10pm, TUE-FRI 1am-2am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.bbc.co.uk/sounds/play/live:bbc_world_service",
"meta": {
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"source": "BBC World Service"
},
"link": "/radio/program/bbc-world-service",
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"rss": "https://podcasts.files.bbci.co.uk/p02nq0gn.rss"
}
},
"californiareport": {
"id": "californiareport",
"title": "The California Report",
"tagline": "California, day by day",
"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-California-Report-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/californiareport",
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"source": "kqed",
"order": 8
},
"link": "/californiareport",
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}
},
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"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
"airtime": "FRI 4:30pm-5pm, 6:30pm-7pm, 11pm-11:30pm",
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"officialWebsiteLink": "/californiareportmagazine",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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},
"city-arts": {
"id": "city-arts",
"title": "City Arts & Lectures",
"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/cityartsandlecture-300x300.jpg",
"officialWebsiteLink": "https://www.cityarts.net/",
"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
"site": "news",
"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
"subscribe": {
"tuneIn": "https://tunein.com/radio/City-Arts-and-Lectures-p692/",
"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
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"info": "Close All Tabs breaks down how digital culture shapes our world through thoughtful insights and irreverent humor.",
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"officialWebsiteLink": "/podcasts/closealltabs",
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"source": "kqed",
"order": 1
},
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"id": "code-switch-life-kit",
"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"meta": {
"site": "radio",
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},
"link": "/radio/program/code-switch-life-kit",
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},
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
"site": "news",
"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2",
"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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},
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"meta": {
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"source": "kqed",
"order": 9
},
"link": "/forum",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"freakonomics-radio": {
"id": "freakonomics-radio",
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"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"link": "/radio/program/fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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},
"hidden-brain": {
"id": "hidden-brain",
"title": "Hidden Brain",
"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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},
"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png",
"officialWebsiteLink": "https://www.npr.org/podcasts/510313/how-i-built-this",
"airtime": "SUN 7:30pm-8pm",
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"source": "npr"
},
"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
"link": "/podcasts/hyphenacion",
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"source": "kqed",
"order": 18
},
"link": "/podcasts/jerrybrown",
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
"site": "news",
"source": "npr"
},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
}
},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
"site": "radio",
"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
"subscribe": {
"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
"npr": "https://www.npr.org/podcasts/464615685/mind-shift-podcast",
"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
"spotify": "https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"
}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
"meta": {
"site": "news",
"source": "npr"
},
"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
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},
"youthMediaReducer": {},
"checkPleaseReducer": {
"filterData": {
"region": {
"key": "Restaurant Region",
"filters": [
"Any Region"
]
},
"cuisine": {
"key": "Restaurant Cuisine",
"filters": [
"Any Cuisine"
]
}
},
"restaurantDataById": {},
"restaurantIdsSorted": [],
"error": null
},
"userAgentReducer": {
"userAgent": "Mozilla/5.0 AppleWebKit/537.36 (KHTML, like Gecko; compatible; ClaudeBot/1.0; +claudebot@anthropic.com)",
"isBot": true
}
}
