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"content": "\u003cp>Four Oakland police officers involved in the fatal shooting last year of a homeless man they said pointed a gun at them were placed on administrative leave Tuesday.\u003c/p>\n\u003cp>Sources speaking on condition of anonymity said the officers face termination proceedings.\u003c/p>\n\u003cp>The move came less than a week after the \u003ca href=\"https://www.kqed.org/news/11731203/federal-monitor-calls-opd-chiefs-take-on-shooting-disappointing-wants-stiffer-discipline\" target=\"_blank\" rel=\"noopener\">release of documents\u003c/a> showing the Police Department’s federal monitor, Robert Warshaw, ripped Chief Anne Kirkpatrick’s decision to lightly discipline the officers involved in the shooting of Joshua Pawlik, 31, on March 11, 2018, despite the recommendations of an OPD review board that called for harsher punishment.\u003c/p>\n\u003cp>Sgt. Francisco Negrete and officers William Berger, Brandon Hraiz and Craig Tanaka were placed on administrative leave, a police spokesperson said Tuesday night. “At this time, the department will not be discussing any additional details.”\u003c/p>\n\u003cp>Monitor Warshaw's harsh criticism of Kirkpatrick for not meting out tougher discipline was revealed last week in documents released under the state’s new police transparency law, Senate Bill 1421. In a Feb. 19 letter Warshaw called the chief's analysis of the shooting “disappointing and myopic.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A spokesman for Oakland Mayor Libby Schaaf declined comment Tuesday night.\u003c/p>\n\u003cp>Last week, Alameda County District Attorney Nancy O’Malley released a report in which she found the officers didn’t commit any crimes in Pawlik’s death.[aside label=\"Related Coverage\" tag=\"joshua-pawlik\"]\u003c/p>\n\u003cp>Discipline for policy violations in a shooting death, like that the four Oakland officers are facing, is also rare in California.\u003c/p>\n\u003cp>The officers found Pawlik asleep in an alley between two houses on the 900 block of 40th Street on March 11, 2018.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.youtube.com/watch?v=FtzfbUQrWbE\" target=\"_blank\" rel=\"noopener\">video\u003c/a> released last year, officers can be heard shouting commands at him such as “take your hand off the gun” and “don’t move!” before Pawlik stirred.\u003c/p>\n\u003cp>The video, filmed from a camera placed atop a police vehicle, \u003ca href=\"https://www.eastbaytimes.com/2018/11/01/oakland-police-release-body-camera-videos-of-officer-involved-shooting/\" target=\"_blank\" rel=\"noopener\">captures a view\u003c/a> of Pawlik apparently waking up around 7:05 p.m. as officers yelled “Put your hands up! Hands off the gun!” A moment later, as Pawlik shifted, police fired 22 shots before grabbing shields and rushing over to him to begin lifesaving measures.\u003c/p>\n\u003cp>Kirkpatrick, in documents released last week, said nothing contradicted officers’ claims that Pawlik raised his weapon.\u003c/p>\n\u003cp>But records show Warshaw was clearly displeased about internal affairs investigators’ failure to challenge officer statements he said were at odds with some video footage captured at the scene.\u003cbr>\nhttps://twitter.com/DarwinBondGraha/status/1105637752857452545\u003cbr>\nInvestigators ignored body-camera footage from a sergeant “who had the foresight to place his camera on the armored vehicle,” allowing for an “unobstructed view.” Warshaw also accused investigators of using leading questions to justify the shooting.\u003c/p>\n\u003cp>“I reject the Chief’s principal conclusions in this matter,” Warshaw bluntly concluded in an internal letter dated Feb. 19. [aside label=\"Police Secrets Revealed\" tag=\"police-records\"]\u003c/p>\n\u003cp>Oakland Police Officers Association lawyer Michael Rains said the case has become politicized.\u003c/p>\n\u003cp>“When this happens, bad decisions are made contrary to facts and established law,” he said. “I’m confident that these officers, based on my knowledge of what happened, are going to retain their jobs.”\u003c/p>\n\u003cp>In February, Pawlik’s mother, Kelly Pawlik, retained famed Oakland attorney John Burris to represent her in a \u003ca href=\"https://www.eastbaytimes.com/2019/02/06/he-never-got-a-chance-to-live-civil-rights-attorney-says-of-man-shot-by-oakland-police/\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> filed last month seeking a jury trial and alleging that officers violated her son’s civil rights.\u003c/p>\n\u003cp>Reached on Tuesday night, Burris declined to comment, saying he was not in a position to speak publicly on any actions by the department.\u003c/p>\n\u003cp>Jim Chanin, an Oakland civil rights lawyer who, like Burris, has been involved in the federal monitoring of the department for over 16 years, said the Pawlik shooting is a blow to that process.\u003c/p>\n\u003cp>“I am very disappointed,” he said. The department is “going steadily backwards.”\u003c/p>\n\u003cp>The story was first reported by Oakland freelance journalist Darwin BondGraham in a tweet.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Harry Harris of the Bay Area News Group contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Four Oakland police officers involved in the fatal shooting last year of a homeless man they said pointed a gun at them were placed on administrative leave Tuesday.\u003c/p>\n\u003cp>Sources speaking on condition of anonymity said the officers face termination proceedings.\u003c/p>\n\u003cp>The move came less than a week after the \u003ca href=\"https://www.kqed.org/news/11731203/federal-monitor-calls-opd-chiefs-take-on-shooting-disappointing-wants-stiffer-discipline\" target=\"_blank\" rel=\"noopener\">release of documents\u003c/a> showing the Police Department’s federal monitor, Robert Warshaw, ripped Chief Anne Kirkpatrick’s decision to lightly discipline the officers involved in the shooting of Joshua Pawlik, 31, on March 11, 2018, despite the recommendations of an OPD review board that called for harsher punishment.\u003c/p>\n\u003cp>Sgt. Francisco Negrete and officers William Berger, Brandon Hraiz and Craig Tanaka were placed on administrative leave, a police spokesperson said Tuesday night. “At this time, the department will not be discussing any additional details.”\u003c/p>\n\u003cp>Monitor Warshaw's harsh criticism of Kirkpatrick for not meting out tougher discipline was revealed last week in documents released under the state’s new police transparency law, Senate Bill 1421. In a Feb. 19 letter Warshaw called the chief's analysis of the shooting “disappointing and myopic.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Discipline for policy violations in a shooting death, like that the four Oakland officers are facing, is also rare in California.\u003c/p>\n\u003cp>The officers found Pawlik asleep in an alley between two houses on the 900 block of 40th Street on March 11, 2018.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.youtube.com/watch?v=FtzfbUQrWbE\" target=\"_blank\" rel=\"noopener\">video\u003c/a> released last year, officers can be heard shouting commands at him such as “take your hand off the gun” and “don’t move!” before Pawlik stirred.\u003c/p>\n\u003cp>The video, filmed from a camera placed atop a police vehicle, \u003ca href=\"https://www.eastbaytimes.com/2018/11/01/oakland-police-release-body-camera-videos-of-officer-involved-shooting/\" target=\"_blank\" rel=\"noopener\">captures a view\u003c/a> of Pawlik apparently waking up around 7:05 p.m. as officers yelled “Put your hands up! Hands off the gun!” A moment later, as Pawlik shifted, police fired 22 shots before grabbing shields and rushing over to him to begin lifesaving measures.\u003c/p>\n\u003cp>Kirkpatrick, in documents released last week, said nothing contradicted officers’ claims that Pawlik raised his weapon.\u003c/p>\n\u003cp>But records show Warshaw was clearly displeased about internal affairs investigators’ failure to challenge officer statements he said were at odds with some video footage captured at the scene.\u003cbr>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Oakland Police Officers Association lawyer Michael Rains said the case has become politicized.\u003c/p>\n\u003cp>“When this happens, bad decisions are made contrary to facts and established law,” he said. “I’m confident that these officers, based on my knowledge of what happened, are going to retain their jobs.”\u003c/p>\n\u003cp>In February, Pawlik’s mother, Kelly Pawlik, retained famed Oakland attorney John Burris to represent her in a \u003ca href=\"https://www.eastbaytimes.com/2019/02/06/he-never-got-a-chance-to-live-civil-rights-attorney-says-of-man-shot-by-oakland-police/\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> filed last month seeking a jury trial and alleging that officers violated her son’s civil rights.\u003c/p>\n\u003cp>Reached on Tuesday night, Burris declined to comment, saying he was not in a position to speak publicly on any actions by the department.\u003c/p>\n\u003cp>Jim Chanin, an Oakland civil rights lawyer who, like Burris, has been involved in the federal monitoring of the department for over 16 years, said the Pawlik shooting is a blow to that process.\u003c/p>\n\u003cp>“I am very disappointed,” he said. The department is “going steadily backwards.”\u003c/p>\n\u003cp>The story was first reported by Oakland freelance journalist Darwin BondGraham in a tweet.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Harry Harris of the Bay Area News Group contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated Thursday, 1 p.m.\u003c/em>\u003c/p>\n\u003cp>The federal monitor overseeing Oakland police sharply criticized Chief Anne Kirkpatrick’s disciplinary decisions involving officers who fatally shot a homeless man last year, saying she went light on cops who made serious errors, according to internal documents released Wednesday.\u003c/p>\n\u003cp>Kirkpatrick went against recommendations of her own commanders, who found that senior officers made mistakes at the scene of the shooting of 31-year-old Joshua Pawlik in March 2018, monitor Robert Warshaw wrote, calling the police chief's assessment of the case \"disappointing and myopic.\"\u003cbr>\n[aside label=\"Police Secrets Revealed\" tag=\"police-records\"]\u003c/p>\n\u003cp>Warshaw's criticism of Kirkpatrick came out in the first batch of Oakland police records released under California’s new police transparency law, Senate Bill 1421. The records signal growing tensions between the Oakland Police Department and Warshaw, who has broad powers over the department and reports to a federal judge. Federal oversight has dragged on for 16 years as the department struggles to comply with a negotiated settlement agreement reached in 2003 stemming from the Riders police misconduct case.\u003c/p>\n\u003cp>The federal court has also \u003ca href=\"https://www.kqed.org/news/11729878/federal-judge-appoints-outside-attorney-to-examine-oakland-police-shooting\" target=\"_blank\" rel=\"noopener\">appointed\u003c/a> an independent attorney to advise Warshaw on the killing of Pawlik. In the records released Wednesday, Warshaw challenged the Oakland officers' decisions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“There was no information that Mr. Pawlik was an immediate threat to anyone or had harmed anyone at that point,\" he wrote. \"There were no citizens in immediate danger.\"\u003c/p>\n\u003cp>Pawlik was lying unconscious between two North Oakland homes, with a gun nearby, when eight officers arrived and parked an armored vehicle on the street. \u003ca href=\"https://www.youtube.com/watch?v=FtzfbUQrWbE\" target=\"_blank\" rel=\"noopener\">Video footage\u003c/a> released by OPD shows Pawlik waking up; officers can be heard repeatedly telling him not to move and to keep his hands away from the gun. Four officers, who later told investigators that Pawlik raised his arm and aimed the gun at them, fired 22 shots, killing the mentally ill man. Pawlik's mother \u003ca href=\"https://www.eastbaytimes.com/2019/02/06/he-never-got-a-chance-to-live-civil-rights-attorney-says-of-man-shot-by-oakland-police/\" target=\"_blank\" rel=\"noopener\">recently filed\u003c/a> a federal wrongful death suit over the killing of her son.\u003c/p>\n\u003cp>OPD said it plans to release additional records about the officers' actions in the shooting. But the documents released Wednesday already lay bare Warshaw's displeasure about internal affairs investigators failure to challenge officer statements he said were contradicted by video footage.\u003c/p>\n\u003cp>“I reject the chief’s principal conclusions in this matter,” Warshaw bluntly concluded in an internal letter dated Feb. 19.\u003c/p>\n\u003cp>In his review of the shooting, Warshaw’s conclusions were at odds with Kirkpatrick’s. For instance, the chief exonerated Officer Craig Tanaka, one of the four officers who fired at Pawlik. Warshaw, however, recommended a Level 1 use of force violation — the highest there is — against Tanaka, two other officers and Sgt. Francisco Negrete. In Negrete’s case, Kirkpatrick downgraded discipline recommended by her own commanders, the Executive Force Review Board.\u003c/p>\n\u003cp>James Chanin, an Oakland civil rights attorney involved in monitoring of the department, said late Wednesday that Kirkpatrick's decisions were troubling.\u003c/p>\n\u003cp>Negrete \"was showing no leadership whatsoever\" at the scene, Chanin said. \"And the chief downgraded (his) discipline from even what the department’s own investigation recommended. The department does not seriously consider disciplining supervisors.\"\u003c/p>\n\u003cp>A spokeswoman for Kirkpatrick, Officer Johnna Watson, declined to comment Wednesday.\u003c/p>\n\u003cp>Documents show Kirkpatrick downgraded other recommended discipline for some of the involved officers, writing in her own report that she disagreed.\u003c/p>\n\u003cp>“The evidence does not contradict the officers’ statements that they fired only after perceiving a lethal threat, when Pawlik raised his arm and pointed the gun in their direction,” Kirkpatrick wrote.\u003c/p>\n\u003cp>Kirkpatrick also determined that Negrete showed “errors in judgment and action ... with the lives of both Mr. Pawlik and others at stake.” But, she wrote, he did not carelessly or recklessly disregard the safety of others, the standard required for the most serious level of discipline.\u003c/p>\n\u003cp>“Instead, there is evidence of his desire to resolve the situation without harm to anyone, including Mr. Pawlik,\" Kirkpatrick wrote about Negrete.\u003c/p>\n\u003cp>Warshaw wrote that he agreed with the department's review board finding that Negrete's \"conduct constituted gross dereliction of duty.\" Negrete \"fired his own rifle even though he had designated two officers with rifles as primary cover officers.\"\u003c/p>\n\u003cp>Negrete \"assumed the role of both team leader\" and the officer designated to handcuff Pawlik if he surrendered, Warshaw wrote. That \"divided his attention and did not allow him to effectively supervise the team.”\u003c/p>\n\u003cp>Warshaw also wrote that two divisions of OPD that investigated the shooting ignored a key piece of evidence: body-camera footage from a sergeant “who had the foresight to place his camera on the armored vehicle,” allowing for an “unobstructed view.” Warshaw wrote that the video contradicted assertions made by officers, and he accused investigators of using leading questions to justify the shooting.\u003c/p>\n\u003cp>In her review of the fatal shooting, Alameda County District Attorney Nancy O’Malley concluded the evidence did not support criminal charges against the four officers who shot at Pawlik. Chanin questioned the timing of O’Malley's report, which was released on the same day as the Oakland Police Department released a portion of its records in the case.\u003c/p>\n\u003cp>“She supported the city down the line,” Chanin said. “It’s hard for me to believe that there wasn’t some orchestration involved here. I think that is a very sad development for the city.”\u003c/p>\n\u003cp>Oakland is the first large Bay Area department to release records previously protected under old state law. In San Francisco, the police officers union is suing the city to block disclosure.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Jose has released brief, summary information but is declining to provide anything further, citing state Attorney General Xavier Becerra's decision not to release disciplinary records about California Department of Justice agents until legal battles over the new law are resolved.\u003c/p>\n\n",
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"nprByline": "\u003ca href=\"https://www.eastbaytimes.com/author/david-debolt/\" rel=\"noopener\" target=\"_blank\">David DeBolt\u003c/a>, \u003ca href=\"https://www.kqed.org/author/aemslie\" rel=\"noopener\" target=\"_blank\">Alex Emslie\u003c/a> and \u003ca href=\"https://www.mercurynews.com/author/thomas-peele/\" rel=\"noopener\" target=\"_blank\">Thomas Peele\u003c/a>\u003cbr />Bay Area News Group and KQED News",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, 1 p.m.\u003c/em>\u003c/p>\n\u003cp>The federal monitor overseeing Oakland police sharply criticized Chief Anne Kirkpatrick’s disciplinary decisions involving officers who fatally shot a homeless man last year, saying she went light on cops who made serious errors, according to internal documents released Wednesday.\u003c/p>\n\u003cp>Kirkpatrick went against recommendations of her own commanders, who found that senior officers made mistakes at the scene of the shooting of 31-year-old Joshua Pawlik in March 2018, monitor Robert Warshaw wrote, calling the police chief's assessment of the case \"disappointing and myopic.\"\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Warshaw's criticism of Kirkpatrick came out in the first batch of Oakland police records released under California’s new police transparency law, Senate Bill 1421. The records signal growing tensions between the Oakland Police Department and Warshaw, who has broad powers over the department and reports to a federal judge. Federal oversight has dragged on for 16 years as the department struggles to comply with a negotiated settlement agreement reached in 2003 stemming from the Riders police misconduct case.\u003c/p>\n\u003cp>The federal court has also \u003ca href=\"https://www.kqed.org/news/11729878/federal-judge-appoints-outside-attorney-to-examine-oakland-police-shooting\" target=\"_blank\" rel=\"noopener\">appointed\u003c/a> an independent attorney to advise Warshaw on the killing of Pawlik. In the records released Wednesday, Warshaw challenged the Oakland officers' decisions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“There was no information that Mr. Pawlik was an immediate threat to anyone or had harmed anyone at that point,\" he wrote. \"There were no citizens in immediate danger.\"\u003c/p>\n\u003cp>Pawlik was lying unconscious between two North Oakland homes, with a gun nearby, when eight officers arrived and parked an armored vehicle on the street. \u003ca href=\"https://www.youtube.com/watch?v=FtzfbUQrWbE\" target=\"_blank\" rel=\"noopener\">Video footage\u003c/a> released by OPD shows Pawlik waking up; officers can be heard repeatedly telling him not to move and to keep his hands away from the gun. Four officers, who later told investigators that Pawlik raised his arm and aimed the gun at them, fired 22 shots, killing the mentally ill man. Pawlik's mother \u003ca href=\"https://www.eastbaytimes.com/2019/02/06/he-never-got-a-chance-to-live-civil-rights-attorney-says-of-man-shot-by-oakland-police/\" target=\"_blank\" rel=\"noopener\">recently filed\u003c/a> a federal wrongful death suit over the killing of her son.\u003c/p>\n\u003cp>OPD said it plans to release additional records about the officers' actions in the shooting. But the documents released Wednesday already lay bare Warshaw's displeasure about internal affairs investigators failure to challenge officer statements he said were contradicted by video footage.\u003c/p>\n\u003cp>“I reject the chief’s principal conclusions in this matter,” Warshaw bluntly concluded in an internal letter dated Feb. 19.\u003c/p>\n\u003cp>In his review of the shooting, Warshaw’s conclusions were at odds with Kirkpatrick’s. For instance, the chief exonerated Officer Craig Tanaka, one of the four officers who fired at Pawlik. Warshaw, however, recommended a Level 1 use of force violation — the highest there is — against Tanaka, two other officers and Sgt. Francisco Negrete. In Negrete’s case, Kirkpatrick downgraded discipline recommended by her own commanders, the Executive Force Review Board.\u003c/p>\n\u003cp>James Chanin, an Oakland civil rights attorney involved in monitoring of the department, said late Wednesday that Kirkpatrick's decisions were troubling.\u003c/p>\n\u003cp>Negrete \"was showing no leadership whatsoever\" at the scene, Chanin said. \"And the chief downgraded (his) discipline from even what the department’s own investigation recommended. The department does not seriously consider disciplining supervisors.\"\u003c/p>\n\u003cp>A spokeswoman for Kirkpatrick, Officer Johnna Watson, declined to comment Wednesday.\u003c/p>\n\u003cp>Documents show Kirkpatrick downgraded other recommended discipline for some of the involved officers, writing in her own report that she disagreed.\u003c/p>\n\u003cp>“The evidence does not contradict the officers’ statements that they fired only after perceiving a lethal threat, when Pawlik raised his arm and pointed the gun in their direction,” Kirkpatrick wrote.\u003c/p>\n\u003cp>Kirkpatrick also determined that Negrete showed “errors in judgment and action ... with the lives of both Mr. Pawlik and others at stake.” But, she wrote, he did not carelessly or recklessly disregard the safety of others, the standard required for the most serious level of discipline.\u003c/p>\n\u003cp>“Instead, there is evidence of his desire to resolve the situation without harm to anyone, including Mr. Pawlik,\" Kirkpatrick wrote about Negrete.\u003c/p>\n\u003cp>Warshaw wrote that he agreed with the department's review board finding that Negrete's \"conduct constituted gross dereliction of duty.\" Negrete \"fired his own rifle even though he had designated two officers with rifles as primary cover officers.\"\u003c/p>\n\u003cp>Negrete \"assumed the role of both team leader\" and the officer designated to handcuff Pawlik if he surrendered, Warshaw wrote. That \"divided his attention and did not allow him to effectively supervise the team.”\u003c/p>\n\u003cp>Warshaw also wrote that two divisions of OPD that investigated the shooting ignored a key piece of evidence: body-camera footage from a sergeant “who had the foresight to place his camera on the armored vehicle,” allowing for an “unobstructed view.” Warshaw wrote that the video contradicted assertions made by officers, and he accused investigators of using leading questions to justify the shooting.\u003c/p>\n\u003cp>In her review of the fatal shooting, Alameda County District Attorney Nancy O’Malley concluded the evidence did not support criminal charges against the four officers who shot at Pawlik. Chanin questioned the timing of O’Malley's report, which was released on the same day as the Oakland Police Department released a portion of its records in the case.\u003c/p>\n\u003cp>“She supported the city down the line,” Chanin said. “It’s hard for me to believe that there wasn’t some orchestration involved here. I think that is a very sad development for the city.”\u003c/p>\n\u003cp>Oakland is the first large Bay Area department to release records previously protected under old state law. In San Francisco, the police officers union is suing the city to block disclosure.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Jose has released brief, summary information but is declining to provide anything further, citing state Attorney General Xavier Becerra's decision not to release disciplinary records about California Department of Justice agents until legal battles over the new law are resolved.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Oakland Police Shooting of Homeless Man to Get New Independent Review",
"title": "Oakland Police Shooting of Homeless Man to Get New Independent Review",
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"content": "\u003cp>In an unusual decision Thursday, U.S. District Judge William Orrick appointed Edward Swanson, an independent attorney, to re-examine an officer-involved shooting of a homeless man in Oakland last year.\u003c/p>\n\u003cp>The judge's order indicates that there are differences of opinion between the Oakland Police Department and its court-appointed monitor regarding whether or not police officers involved in the shooting violated department policies or the law and whether any of them should face discipline.\u003c/p>\n\u003cp>The department has yet to disclose its final findings.\u003c/p>\n\u003cp>On March 11, 2018, \u003ca href=\"https://www.eastbayexpress.com/oakland/disappeared-in-death/Content?oid=18890563\">Joshua Pawlik\u003c/a>, 31, was lying on the ground between two houses in West Oakland when a police officer spotted him. Pawlik was reportedly unconscious and holding a pistol; several officers surrounded him and took cover behind an armored vehicle.\u003c/p>\n\u003cp>When Pawlik woke up, officers repeatedly shouted commands to drop the gun. According to \u003ca href=\"https://www.eastbayexpress.com/SevenDays/archives/2018/11/01/oakland-police-release-video-of-officers-fatally-shooting-a-homeless-man\">body-camera video\u003c/a> released by OPD eight months after the shooting, Pawlik attempted to lift himself off the ground when four officers opened fire, killing him.\u003c/p>\n\u003cp>The police response to Pawlik was similar to other recent fatal shootings of people who were unconscious or sleeping and were shot when they awoke. Willie McCoy, who was sleeping in a car at a Vallejo fast food drive-through on Feb. 9, was surrounded by police after they spotted a gun in his lap. Police say McCoy woke up and moved his hands toward his lap when they shot him.\u003c/p>\n\u003cp>Demouria Hogg was also asleep in his car on an Oakland street in 2015 when officers surrounded him and attempted to wake him up. Hogg, according to the police, came to and made a motion toward the gun. An officer responded by shooting and killing him.\u003c/p>\n\u003cp>Family members of the deceased and civil rights attorneys have questioned police tactics in each case.\u003c/p>\n\u003cp>“It's despicable that an unconscious man awakens by the police with loud shouts and bullhorns, and before he could gather himself, is shot and killed,” attorney John Burris said about Pawlik. Burris is representing Pawlik's mother in a civil lawsuit against Oakland.\u003c/p>\n\u003cp>Orrick wrote in an order Thursday that he was briefed recently about the Pawlik shooting by Robert Warshaw, whom the court appointed to enforce OPD’s compliance with the Negotiated Settlement Agreement — a 16-year-old court-enforced reform program.\u003c/p>\n\u003cp>It's unclear what Warshaw told Orrick about the shooting, but Orrick's appointment of an independent attorney to assist with a review of the case is highly unusual.\u003cbr>\n[documentcloud url=\"https://www.documentcloud.org/documents/5755064-20190128-USDC.html\" width=800 height=800]\u003cbr>\nThe city of Oakland has yet to make public investigative records or disciplinary reports regarding the Pawlik case. Under new law SB 1421, Oakland police must release the investigative files of officer-involved shootings and records showing whether any officers were disciplined.\u003c/p>\n\u003cp>In response to a public records request, OPD spokeswoman Officer Johnna Watson wrote in an email that “the case is not finalized.”\u003c/p>\n\u003cp>The police department, city attorney and city administrator did not respond to questions about the case.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But during a meeting of the Oakland Police Commission on Thursday evening, Oakland Police Chief Anne Kirkpatrick said she made a final decision on Feb. 8 as to whether or not any officers will face discipline. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On Feb. 15, Warshaw made his own findings which, Kirkpatrick said, “did not align” with her own.\u003c/span>[aside label=\"Police Secrets Revealed\" tag=\"police-records\"]\u003cbr>\nOakland’s Police Commission, an independent oversight body created by voters in 2016, is also investigating the shooting, but it hasn't reported its findings. Under the city charter, the commission’s investigators are directed to “make every reasonable effort” to complete investigations within 180 days.\u003c/p>\n\u003cp>The police commission’s chair, Thomas Smith, also said at a recent commission meeting that he attended the police department’s Executive Force Review Board, where videos, photos, officers’ statements and other information about the shooting were reviewed.\u003c/p>\n\u003cp>The independent attorney, Swanson, has been appointed by the federal court on two previous occasions to look into OPD's handling of investigations and disciplinary procedures. Both times, he issued scathing reports about the OPD and the city’s failures to hold police officers accountable for misconduct.\u003c/p>\n\u003cp>In 2017, Swanson and another attorney, Audrey Barron, examined how the young woman known as “Celeste Guap” was treated by Oakland police after evidence surfaced that multiple cops sexually exploited her, including while she was under the age of 18. \u003ca href=\"https://www.cand.uscourts.gov/filelibrary/3108/6.21.17-Report-of-Court-Appointed-Investigator.pdf\">Swanson and Barron's final report\u003c/a> found that OPD commanders, including then-Police Chief Sean Whent, made it clear to investigators that the case, and Guap's allegations, weren't a priority. The result was that evidence showing police officers had broken the law and violated department policies was ignored until Warshaw discovered the allegations on his own.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In 2015, Swanson released his final report examining Oakland's system of arbitration, by which police officers are allowed to seek a reduction or reversal of discipline. He found that the Oakland City Attorney's Office was poorly prepared to uphold discipline cases in arbitration and concluded that it was “a broken and inadequate system that has evaded the public’s scrutiny for too long.”\u003c/p>\n\u003cp>Orrick appears to be keeping an open mind as to what Swanson may discover when he examines the Pawlik shooting. Orrick, using the police department’s internal affairs case number, wrote that “the Court expresses no opinions on any matters related to Case No. 18-0249.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But at Thursday's police commission meeting, Kirkpatrick acknowledged the need for the police to change their policies regarding how they approach unconscious and armed people.\u003c/span>\u003c/p>\n\u003cp>\u003cem>Mar. 1 : This post has been updated to include information from Thursday's Oakland Police Commission meeting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In an unusual decision Thursday, U.S. District Judge William Orrick appointed Edward Swanson, an independent attorney, to re-examine an officer-involved shooting of a homeless man in Oakland last year.\u003c/p>\n\u003cp>The judge's order indicates that there are differences of opinion between the Oakland Police Department and its court-appointed monitor regarding whether or not police officers involved in the shooting violated department policies or the law and whether any of them should face discipline.\u003c/p>\n\u003cp>The department has yet to disclose its final findings.\u003c/p>\n\u003cp>On March 11, 2018, \u003ca href=\"https://www.eastbayexpress.com/oakland/disappeared-in-death/Content?oid=18890563\">Joshua Pawlik\u003c/a>, 31, was lying on the ground between two houses in West Oakland when a police officer spotted him. Pawlik was reportedly unconscious and holding a pistol; several officers surrounded him and took cover behind an armored vehicle.\u003c/p>\n\u003cp>When Pawlik woke up, officers repeatedly shouted commands to drop the gun. According to \u003ca href=\"https://www.eastbayexpress.com/SevenDays/archives/2018/11/01/oakland-police-release-video-of-officers-fatally-shooting-a-homeless-man\">body-camera video\u003c/a> released by OPD eight months after the shooting, Pawlik attempted to lift himself off the ground when four officers opened fire, killing him.\u003c/p>\n\u003cp>The police response to Pawlik was similar to other recent fatal shootings of people who were unconscious or sleeping and were shot when they awoke. Willie McCoy, who was sleeping in a car at a Vallejo fast food drive-through on Feb. 9, was surrounded by police after they spotted a gun in his lap. Police say McCoy woke up and moved his hands toward his lap when they shot him.\u003c/p>\n\u003cp>Demouria Hogg was also asleep in his car on an Oakland street in 2015 when officers surrounded him and attempted to wake him up. Hogg, according to the police, came to and made a motion toward the gun. An officer responded by shooting and killing him.\u003c/p>\n\u003cp>Family members of the deceased and civil rights attorneys have questioned police tactics in each case.\u003c/p>\n\u003cp>“It's despicable that an unconscious man awakens by the police with loud shouts and bullhorns, and before he could gather himself, is shot and killed,” attorney John Burris said about Pawlik. Burris is representing Pawlik's mother in a civil lawsuit against Oakland.\u003c/p>\n\u003cp>Orrick wrote in an order Thursday that he was briefed recently about the Pawlik shooting by Robert Warshaw, whom the court appointed to enforce OPD’s compliance with the Negotiated Settlement Agreement — a 16-year-old court-enforced reform program.\u003c/p>\n\u003cp>It's unclear what Warshaw told Orrick about the shooting, but Orrick's appointment of an independent attorney to assist with a review of the case is highly unusual.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nThe city of Oakland has yet to make public investigative records or disciplinary reports regarding the Pawlik case. Under new law SB 1421, Oakland police must release the investigative files of officer-involved shootings and records showing whether any officers were disciplined.\u003c/p>\n\u003cp>In response to a public records request, OPD spokeswoman Officer Johnna Watson wrote in an email that “the case is not finalized.”\u003c/p>\n\u003cp>The police department, city attorney and city administrator did not respond to questions about the case.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But during a meeting of the Oakland Police Commission on Thursday evening, Oakland Police Chief Anne Kirkpatrick said she made a final decision on Feb. 8 as to whether or not any officers will face discipline. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On Feb. 15, Warshaw made his own findings which, Kirkpatrick said, “did not align” with her own.\u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nOakland’s Police Commission, an independent oversight body created by voters in 2016, is also investigating the shooting, but it hasn't reported its findings. Under the city charter, the commission’s investigators are directed to “make every reasonable effort” to complete investigations within 180 days.\u003c/p>\n\u003cp>The police commission’s chair, Thomas Smith, also said at a recent commission meeting that he attended the police department’s Executive Force Review Board, where videos, photos, officers’ statements and other information about the shooting were reviewed.\u003c/p>\n\u003cp>The independent attorney, Swanson, has been appointed by the federal court on two previous occasions to look into OPD's handling of investigations and disciplinary procedures. Both times, he issued scathing reports about the OPD and the city’s failures to hold police officers accountable for misconduct.\u003c/p>\n\u003cp>In 2017, Swanson and another attorney, Audrey Barron, examined how the young woman known as “Celeste Guap” was treated by Oakland police after evidence surfaced that multiple cops sexually exploited her, including while she was under the age of 18. \u003ca href=\"https://www.cand.uscourts.gov/filelibrary/3108/6.21.17-Report-of-Court-Appointed-Investigator.pdf\">Swanson and Barron's final report\u003c/a> found that OPD commanders, including then-Police Chief Sean Whent, made it clear to investigators that the case, and Guap's allegations, weren't a priority. The result was that evidence showing police officers had broken the law and violated department policies was ignored until Warshaw discovered the allegations on his own.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In 2015, Swanson released his final report examining Oakland's system of arbitration, by which police officers are allowed to seek a reduction or reversal of discipline. He found that the Oakland City Attorney's Office was poorly prepared to uphold discipline cases in arbitration and concluded that it was “a broken and inadequate system that has evaded the public’s scrutiny for too long.”\u003c/p>\n\u003cp>Orrick appears to be keeping an open mind as to what Swanson may discover when he examines the Pawlik shooting. Orrick, using the police department’s internal affairs case number, wrote that “the Court expresses no opinions on any matters related to Case No. 18-0249.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But at Thursday's police commission meeting, Kirkpatrick acknowledged the need for the police to change their policies regarding how they approach unconscious and armed people.\u003c/span>\u003c/p>\n\u003cp>\u003cem>Mar. 1 : This post has been updated to include information from Thursday's Oakland Police Commission meeting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>Updated: 5:45 p.m., Monday\u003c/strong>\u003c/p>\n\u003cp>Vigils are planned across the Bay Area following the \u003ca href=\"https://www.npr.org/2018/10/27/661347236/multiple-casualties-in-shooting-near-pittsburgh-synagogue\" target=\"_blank\" rel=\"noopener\">mass shooting\u003c/a> at the Tree of Life Synagogue in Pittsburgh, Pennsylvania, that killed 11 and injured six on Saturday morning.\u003c/p>\n\u003cp>At least four events to commemorate the victims and survivors of the shooting will be held on Monday night:\u003c/p>\n\u003cul>\n\u003cli>Walnut Creek: Congregation B’nai Shalom, 74 Eckley Lane, 7:00 p.m.\u003c/li>\n\u003cli>San Francisco: Chabad SF/SoMa Shul, 496 Natoma St., 7:30 p.m.\u003c/li>\n\u003cli>San Francisco: Sha’ar Zahav, 290 Dolores St., 7:30 p.m.\u003c/li>\n\u003cli>Berkeley: JCC East Bay, 1414 Walnut St., 8:00 p.m.\u003c/li>\n\u003c/ul>\n\u003cp>Progressive Jewish organization Bend the Arc is also planning a solidarity rally on Tuesday at 5 p.m. at San Jose City Hall. The American Jewish Community, a San Francisco-based advocacy group, and Bend the Arc held gatherings and vigils in San Francisco, Oakland, Berkeley, Sonoma County and several locations across the South Bay over the weekend.\u003c/p>\n\u003cp>Multiple Bay Area law enforcement agencies said they were increasing police presence on Saturday in response to the deadly shooting.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“SFPD has stepped up presence around the various synagogues throughout the city,” said San Francisco Police Department public information officer Giselle Linnane.\u003c/p>\n\u003cp>Linnane could not go into full detail on what this increased presence entails, but she said officers would be driving around various places of worship in San Francisco. Linnane said residents can expect to see more officers than usual in all areas surrounding San Francisco synagogues.\u003c/p>\n\u003cp>Officials with Oakland and Berkeley’s police departments also said on Saturday that they were ramping up patrols in response to the shooting.\u003c/p>\n\u003cp>A public information officer with the Oakland Police Department said in an email that they had increased patrols and security checks in key areas of the city, including synagogues. The officer added that OPD’s Intelligence Unit is in close communication with local, state and national law enforcement agencies about the incident.\u003c/p>\n\u003cp>Lt. Peter Hong with Berkeley’s police department told KQED on Saturday that BPD was taking similar measures. “We are asking our officers to provide extra patrols around synagogues,” he said in a statement.\u003c/p>\n\u003cp>As of early Saturday afternoon, all three departments said there were no known threats in their respective jurisdictions.\u003c/p>\n\u003cp>“At this time, we can let the public of San Francisco know that there are no known threats to any synagogues or the city and the public,” said SFPD’s Linnane.\u003c/p>\n\u003cp>Gordon Gladstone, executive director of Congregation Sherith Israel in San Francisco, said his congregation is re-examining its security after the shooting.\u003c/p>\n\u003cp>“An incident like this prompts us to go back and re-evaluate the protocols we have in place to improve them,” he said.\u003c/p>\n\u003cp>Gladstone said the reaction among his congregation to the shooting in Pittsburgh has been one of shock and sadness. “I’m trying to come up with an adequate word for how upsetting this is,” he said.\u003c/p>\n\u003cp>“When anybody is struck down in a house of worship, in the act of worship, it is profoundly disturbing. When it’s your own faith group, all the more so.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This piece has been updated to include information on the vigils.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated: 5:45 p.m., Monday\u003c/strong>\u003c/p>\n\u003cp>Vigils are planned across the Bay Area following the \u003ca href=\"https://www.npr.org/2018/10/27/661347236/multiple-casualties-in-shooting-near-pittsburgh-synagogue\" target=\"_blank\" rel=\"noopener\">mass shooting\u003c/a> at the Tree of Life Synagogue in Pittsburgh, Pennsylvania, that killed 11 and injured six on Saturday morning.\u003c/p>\n\u003cp>At least four events to commemorate the victims and survivors of the shooting will be held on Monday night:\u003c/p>\n\u003cul>\n\u003cli>Walnut Creek: Congregation B’nai Shalom, 74 Eckley Lane, 7:00 p.m.\u003c/li>\n\u003cli>San Francisco: Chabad SF/SoMa Shul, 496 Natoma St., 7:30 p.m.\u003c/li>\n\u003cli>San Francisco: Sha’ar Zahav, 290 Dolores St., 7:30 p.m.\u003c/li>\n\u003cli>Berkeley: JCC East Bay, 1414 Walnut St., 8:00 p.m.\u003c/li>\n\u003c/ul>\n\u003cp>Progressive Jewish organization Bend the Arc is also planning a solidarity rally on Tuesday at 5 p.m. at San Jose City Hall. The American Jewish Community, a San Francisco-based advocacy group, and Bend the Arc held gatherings and vigils in San Francisco, Oakland, Berkeley, Sonoma County and several locations across the South Bay over the weekend.\u003c/p>\n\u003cp>Multiple Bay Area law enforcement agencies said they were increasing police presence on Saturday in response to the deadly shooting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“SFPD has stepped up presence around the various synagogues throughout the city,” said San Francisco Police Department public information officer Giselle Linnane.\u003c/p>\n\u003cp>Linnane could not go into full detail on what this increased presence entails, but she said officers would be driving around various places of worship in San Francisco. Linnane said residents can expect to see more officers than usual in all areas surrounding San Francisco synagogues.\u003c/p>\n\u003cp>Officials with Oakland and Berkeley’s police departments also said on Saturday that they were ramping up patrols in response to the shooting.\u003c/p>\n\u003cp>A public information officer with the Oakland Police Department said in an email that they had increased patrols and security checks in key areas of the city, including synagogues. The officer added that OPD’s Intelligence Unit is in close communication with local, state and national law enforcement agencies about the incident.\u003c/p>\n\u003cp>Lt. Peter Hong with Berkeley’s police department told KQED on Saturday that BPD was taking similar measures. “We are asking our officers to provide extra patrols around synagogues,” he said in a statement.\u003c/p>\n\u003cp>As of early Saturday afternoon, all three departments said there were no known threats in their respective jurisdictions.\u003c/p>\n\u003cp>“At this time, we can let the public of San Francisco know that there are no known threats to any synagogues or the city and the public,” said SFPD’s Linnane.\u003c/p>\n\u003cp>Gordon Gladstone, executive director of Congregation Sherith Israel in San Francisco, said his congregation is re-examining its security after the shooting.\u003c/p>\n\u003cp>“An incident like this prompts us to go back and re-evaluate the protocols we have in place to improve them,” he said.\u003c/p>\n\u003cp>Gladstone said the reaction among his congregation to the shooting in Pittsburgh has been one of shock and sadness. “I’m trying to come up with an adequate word for how upsetting this is,” he said.\u003c/p>\n\u003cp>“When anybody is struck down in a house of worship, in the act of worship, it is profoundly disturbing. When it’s your own faith group, all the more so.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This piece has been updated to include information on the vigils.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "In Oakland, More Data Hasn't Meant Less Racial Disparity During Police Stops",
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"content": "\u003cp>For more than 15 years, Oakland's police department has been under federal oversight following a police abuse and racial profiling scandal.\u003c/p>\n\u003cp>As part of a negotiated settlement in 2003, the city agreed to work toward sweeping police reforms. The Riders Settlement mandated ongoing monitoring of the department, including the collection of data on police stops and an end to discriminatory policing.\u003c/p>\n\u003cp>But there's mounting frustration that federal oversight and better data collection have not led to real change, despite a massive price tag.\u003c/p>\n\u003cp>For the past few years, Stanford University researchers have helped the Oakland Police Department analyze the data collected from every police stop and arrest. Studies carried out by the \u003ca href=\"https://sparq.stanford.edu/opd-reports\">Stanford team show\u003c/a> that Oakland officers are still far more likely to stop, search and handcuff black people than white people during a traffic or pedestrian stop.\u003c/p>\n\u003cp>Analysis of bodycam footage also showed that, during traffic stops, officers spoke less respectfully to black motorists than whites.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Despite this, Oakland's police department says the studies have proved invaluable.\u003c/p>\n\u003cp>\"A lot of agencies collect data. But we have gone and worked with Stanford to say 'teach us how to ask the questions of that data, teach us how to think.' I want a change of how we think about policing. And when you think differently you're going to have culture change,\" says Oakland police Chief Anne Kirkpatrick. \u003ca href=\"https://www.kqed.org/news/11253123/after-long-search-oakland-naming-new-police-chief\" rel=\"noopener\" target=\"_blank\">She was hired less than two years ago\u003c/a> in the wake of a different police scandal.\u003c/p>\n\u003cp>But what the police chief and the city's mayor had hoped would become a national model for a data-driven reduction in racially biased policing has become the latest flashpoint for Oakland's troubled department.\u003c/p>\n\u003caside class=\"alignright\">\n\u003cli>\n\u003ca href=\"https://www.kqed.org/forum/201409190930/stanford-psychologist-wins-genius-grant-for-work-on-racial-bias\" target=\"_blank\">Stanford Psychologist Wins 'Genius' Grant for Work on Racial Bias\u003c/a>\n\u003c/li>\n\u003c/aside>\n\u003cp>Activist residents and some local politicians protested the recent renewal of the Stanford professor, Jennifer Eberhardt's $500,000 two-year contract.\u003c/p>\n\u003cp>\"I don't understand why she needs to come back and ask for more money,\" says Cathy Leonard, founder of Oakland Neighborhoods for Equity. \"Fifteen years and a lot of money. We could have housed people, we could fix our streets. It's a waste of money and a waste of resources.\" Leonard says the department seems in love with big data and stuck on a hamster wheel of collection and analysis.\u003c/p>\n\u003cp>The cost of keeping the monitoring program ongoing is high. According to public records from the city of Oakland requested by the Coalition for Police Accountability, the annual cost of the monitoring program is estimated at $1.5 million.\u003c/p>\n\u003cp>Leonard says the new system hasn't worked to reduce racially biased police stops — a key aspect of the federal settlement more than 15 years ago. \"Black people are being forced out of the city of Oakland due to gentrification and other matters. And yet the police are still stopping black men at exponential rates. The only thing that can be explained by is racism, pure and simple.\"\u003c/p>\n\u003cp>Oakland City Councilwoman Desley Brooks also questions why the police chief needs an outside consultant to interpret data and help make policy. Brooks says neither the chief nor the professor has been able to move the needle on an issue they were hired to help fix.\u003c/p>\n\u003cp>\"The reality is that if you are the one that is stopped when there is no reason for you to be stopped except for the color of your skin, that is unacceptable. You know that it takes away a part of your dignity,\" Brooks says. \"The mayor said it, the chief of police said it, Dr. Eberhardt has said it: Racial profiling is unacceptable. Then why haven't you came up with anything that addresses racial profiling?\"\u003c/p>\n\u003cp>\"The disparities with respect to African-Americans particularly has remained constant throughout all of Dr. Eberhardt's work,\" Brooks says, adding \"the reason that we got into this contract was to help us reduce the disparities. They have not. It's not that difficult to understand.\"\u003c/p>\n\u003cp>Police Chief Anne Kirkpatrick defends her department, saying the total number of people stopped by police has gone down. But she acknowledges that the percentage of African Americans stopped remains higher than the number of white people stopped. \"Right. So we're starting first with the 'footprint,'\" she says. \"We still know that it's disproportionate. And it is that disparity, that lack of equity, that is now the target.\"\u003c/p>\n\u003cp>Kirkpatrick says the department has also reduced officer use of force and traffic stops for minor mechanical problems. The chief says the data collected so far helped her pivot when it revealed that pulling people over for things like a broken taillight was shown to be racially biased and provocative. Kirkpatrick has ordered a change.\u003c/p>\n\u003cp>\"We have said in the police department [and] we're saying culturally we don't value that kind of stop. So we've told the officers we want to reduce that because we also know that the more people you stop for mechanical problems, we end up stopping more people of color.\"\u003c/p>\n\u003cp>She cautions that data-driven change takes time. But with so much money spent and so little to show for it, the Oakland community may not share her patience. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Copyright 2018 \u003ca href=\"http://www.npr.org/\" rel=\"noopener\" target=\"_blank\">NPR\u003c/a>. \u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For more than 15 years, Oakland's police department has been under federal oversight following a police abuse and racial profiling scandal.\u003c/p>\n\u003cp>As part of a negotiated settlement in 2003, the city agreed to work toward sweeping police reforms. The Riders Settlement mandated ongoing monitoring of the department, including the collection of data on police stops and an end to discriminatory policing.\u003c/p>\n\u003cp>But there's mounting frustration that federal oversight and better data collection have not led to real change, despite a massive price tag.\u003c/p>\n\u003cp>For the past few years, Stanford University researchers have helped the Oakland Police Department analyze the data collected from every police stop and arrest. Studies carried out by the \u003ca href=\"https://sparq.stanford.edu/opd-reports\">Stanford team show\u003c/a> that Oakland officers are still far more likely to stop, search and handcuff black people than white people during a traffic or pedestrian stop.\u003c/p>\n\u003cp>Analysis of bodycam footage also showed that, during traffic stops, officers spoke less respectfully to black motorists than whites.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Despite this, Oakland's police department says the studies have proved invaluable.\u003c/p>\n\u003cp>\"A lot of agencies collect data. But we have gone and worked with Stanford to say 'teach us how to ask the questions of that data, teach us how to think.' I want a change of how we think about policing. And when you think differently you're going to have culture change,\" says Oakland police Chief Anne Kirkpatrick. \u003ca href=\"https://www.kqed.org/news/11253123/after-long-search-oakland-naming-new-police-chief\" rel=\"noopener\" target=\"_blank\">She was hired less than two years ago\u003c/a> in the wake of a different police scandal.\u003c/p>\n\u003cp>But what the police chief and the city's mayor had hoped would become a national model for a data-driven reduction in racially biased policing has become the latest flashpoint for Oakland's troubled department.\u003c/p>\n\u003caside class=\"alignright\">\n\u003cli>\n\u003ca href=\"https://www.kqed.org/forum/201409190930/stanford-psychologist-wins-genius-grant-for-work-on-racial-bias\" target=\"_blank\">Stanford Psychologist Wins 'Genius' Grant for Work on Racial Bias\u003c/a>\n\u003c/li>\n\u003c/aside>\n\u003cp>Activist residents and some local politicians protested the recent renewal of the Stanford professor, Jennifer Eberhardt's $500,000 two-year contract.\u003c/p>\n\u003cp>\"I don't understand why she needs to come back and ask for more money,\" says Cathy Leonard, founder of Oakland Neighborhoods for Equity. \"Fifteen years and a lot of money. We could have housed people, we could fix our streets. It's a waste of money and a waste of resources.\" Leonard says the department seems in love with big data and stuck on a hamster wheel of collection and analysis.\u003c/p>\n\u003cp>The cost of keeping the monitoring program ongoing is high. According to public records from the city of Oakland requested by the Coalition for Police Accountability, the annual cost of the monitoring program is estimated at $1.5 million.\u003c/p>\n\u003cp>Leonard says the new system hasn't worked to reduce racially biased police stops — a key aspect of the federal settlement more than 15 years ago. \"Black people are being forced out of the city of Oakland due to gentrification and other matters. And yet the police are still stopping black men at exponential rates. The only thing that can be explained by is racism, pure and simple.\"\u003c/p>\n\u003cp>Oakland City Councilwoman Desley Brooks also questions why the police chief needs an outside consultant to interpret data and help make policy. Brooks says neither the chief nor the professor has been able to move the needle on an issue they were hired to help fix.\u003c/p>\n\u003cp>\"The reality is that if you are the one that is stopped when there is no reason for you to be stopped except for the color of your skin, that is unacceptable. You know that it takes away a part of your dignity,\" Brooks says. \"The mayor said it, the chief of police said it, Dr. Eberhardt has said it: Racial profiling is unacceptable. Then why haven't you came up with anything that addresses racial profiling?\"\u003c/p>\n\u003cp>\"The disparities with respect to African-Americans particularly has remained constant throughout all of Dr. Eberhardt's work,\" Brooks says, adding \"the reason that we got into this contract was to help us reduce the disparities. They have not. It's not that difficult to understand.\"\u003c/p>\n\u003cp>Police Chief Anne Kirkpatrick defends her department, saying the total number of people stopped by police has gone down. But she acknowledges that the percentage of African Americans stopped remains higher than the number of white people stopped. \"Right. So we're starting first with the 'footprint,'\" she says. \"We still know that it's disproportionate. And it is that disparity, that lack of equity, that is now the target.\"\u003c/p>\n\u003cp>Kirkpatrick says the department has also reduced officer use of force and traffic stops for minor mechanical problems. The chief says the data collected so far helped her pivot when it revealed that pulling people over for things like a broken taillight was shown to be racially biased and provocative. Kirkpatrick has ordered a change.\u003c/p>\n\u003cp>\"We have said in the police department [and] we're saying culturally we don't value that kind of stop. So we've told the officers we want to reduce that because we also know that the more people you stop for mechanical problems, we end up stopping more people of color.\"\u003c/p>\n\u003cp>She cautions that data-driven change takes time. But with so much money spent and so little to show for it, the Oakland community may not share her patience. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Copyright 2018 \u003ca href=\"http://www.npr.org/\" rel=\"noopener\" target=\"_blank\">NPR\u003c/a>. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Family and supporters of a man killed by a BART police officer last month are demanding that the transit agency’s board of directors remove Officer Joseph Mateu from duty while the shooting is investigated.\u003c/p>\n\u003cp>Dozens of people packed a BART board meeting Thursday to protest Mateu’s reinstatement two weeks after he fatally wounded 28-year-old Sahleem Tindle, who was fighting with another man he reportedly shot in the leg less than a minute before Mateu ran up to them.\u003cbr>\n[contextly_sidebar id=”Eg0WlUd0wSJdlVEQXO4SE0hJfT9CrR8t”]\u003cbr>\nTindle’s mother, Yolanda Banks, said the board has a responsibility to stop a pattern of police violence on BART against young men of color, and it should begin by immediately suspending Mateu.\u003c/p>\n\u003cp>“How do you put him back up there with families that are still riding — my children, my grandchildren are still riding BART,” Banks said during the public comment portion of the meeting. “That’s an insult.”\u003c/p>\n\u003cp>Board president Robert Raburn adjourned the meeting to closed session after the audience erupted in protest. The board could recommend Mateu be fired but doesn’t have the power to do it, according to a BART spokeswoman.\u003c/p>\n\u003cp>BART \u003ca href=\"https://ww2.kqed.org/news/2018/02/21/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting/\" target=\"_blank\" rel=\"noopener\">released body-camera footage\u003c/a> of the shooting on Wednesday, and Police Chief Carlos Rojas said that the department has strict protocols for returning officers to duty after a fatal shooting, including psychological and drug testing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But a contingent of Tindle’s supporters say that unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of sustained reaction after the BART police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\" rel=\"noopener\">Oscar Grant\u003c/a> in 2009.\u003c/p>\n\u003cfigure id=\"attachment_11651722\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11651722\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg\" alt=\"Protesters shut down a BART Board of Directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\" width=\"800\" height=\"559\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1020x713.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1180x825.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-960x671.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-240x168.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-375x262.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-520x363.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters shut down a BART board of directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\u003c/figcaption>\u003c/figure>\n\u003cp>Cephus “Bobby” Johnson, Grant’s uncle, warned that Tindle’s death and Mateu’s continued employment are stoking outrage.\u003c/p>\n\u003cp>“We gotta remember the smell of smoke,” Johnson said, invoking repeated protests in Oakland following Grant’s death and the eventual conviction of former BART Officer Johannes Mehserle for involuntary manslaughter. “We gotta remember the buildings whose windows were busted and broke, the anger and response from people in this community that may respond in ways that you don’t like.”\u003c/p>\n\u003cp>“There’s a simple ask here — that the officer be taken off of post,” he said.\u003c/p>\n\u003cp>Cat Brooks of the Anti Police-Terror Project pledged to fight for Mateu’s prosecution.\u003c/p>\n\u003cp>“The last time that there was this intersection of race, class, ideology, religion and rage, for the first time in California’s history, a police officer was tried and convicted for murder,” she said, also invoking Grant’s death. “I’m here to tell you today, to promise you today, to warn you today he will be charged, he will be convicted and he will be sent to jail.”\u003c/p>\n\u003cp>“Your role is to fire him,” she said. “The fact that he is on the streets of this community is shameful and you should be concerned.”\u003c/p>\n\u003cp>Brooks says her group will also make demands of the Oakland Police Department, which is overseeing the investigation and first \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" target=\"_blank\" rel=\"noopener\">showed Mateu’s body-camera footage\u003c/a> to Tindle’s family.\u003c/p>\n\u003cp>BART police and Tindle’s family disagree about whether that video shows Tindle was armed at the moment he was shot.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.youtube.com/watch?v=tKLikYUloXc\">video\u003c/a> indisputably shows Mateu responding to the sound of gunshots near the West Oakland BART station. About 30 seconds later, he can be seen rushing toward two men wrestling on the ground. One of those men is Tindle, who had reportedly shot the other, unidentified man once in the leg.\u003c/p>\n\u003cp>Though Mateu yelled for the men to show him their hands several times, he never identified himself as a police officer. The video shows him fire three times into Tindle’s back. He was later pronounced dead at the hospital.\u003c/p>\n\u003cp>Tindle’s family says he died defending his family — including his partner, her sister and his two young children — from a stranger who began harassing them as they walked to the BART station.\u003c/p>\n\u003cp>Narcella Banks, grandmother to Tindle’s two children, described him as a family man.\u003c/p>\n\u003cp>“I have a quiet rage,” Banks said. “He’s walking down the street minding his own damn business, protecting my other daughter who had her hijab on and protecting his wife and his two children while some strange man is doing something to them.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tindle’s mother and two young children have filed a wrongful death \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\">claim\u003c/a> against BART.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Family and supporters of a man killed by a BART police officer last month are demanding that the transit agency’s board of directors remove Officer Joseph Mateu from duty while the shooting is investigated.\u003c/p>\n\u003cp>Dozens of people packed a BART board meeting Thursday to protest Mateu’s reinstatement two weeks after he fatally wounded 28-year-old Sahleem Tindle, who was fighting with another man he reportedly shot in the leg less than a minute before Mateu ran up to them.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nTindle’s mother, Yolanda Banks, said the board has a responsibility to stop a pattern of police violence on BART against young men of color, and it should begin by immediately suspending Mateu.\u003c/p>\n\u003cp>“How do you put him back up there with families that are still riding — my children, my grandchildren are still riding BART,” Banks said during the public comment portion of the meeting. “That’s an insult.”\u003c/p>\n\u003cp>Board president Robert Raburn adjourned the meeting to closed session after the audience erupted in protest. The board could recommend Mateu be fired but doesn’t have the power to do it, according to a BART spokeswoman.\u003c/p>\n\u003cp>BART \u003ca href=\"https://ww2.kqed.org/news/2018/02/21/bart-releases-body-cam-video-of-fatal-west-oakland-police-shooting/\" target=\"_blank\" rel=\"noopener\">released body-camera footage\u003c/a> of the shooting on Wednesday, and Police Chief Carlos Rojas said that the department has strict protocols for returning officers to duty after a fatal shooting, including psychological and drug testing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But a contingent of Tindle’s supporters say that unless Mateu is fired immediately, Oakland could see destructive protests reminiscent of sustained reaction after the BART police shooting of \u003ca href=\"https://ww2.kqed.org/news/tag/oscar-grant/\" target=\"_blank\" rel=\"noopener\">Oscar Grant\u003c/a> in 2009.\u003c/p>\n\u003cfigure id=\"attachment_11651722\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11651722\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg\" alt=\"Protesters shut down a BART Board of Directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\" width=\"800\" height=\"559\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-800x559.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-160x112.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1020x713.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-1180x825.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-960x671.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-240x168.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-375x262.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/02/jpg-version-RS29539_alt_693-1-520x363.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters shut down a BART board of directors meeting on Feb. 22, demanding that BART police Officer Joseph Mateu be fired for fatally shooting Sahleem Tindle on Jan. 3.\u003c/figcaption>\u003c/figure>\n\u003cp>Cephus “Bobby” Johnson, Grant’s uncle, warned that Tindle’s death and Mateu’s continued employment are stoking outrage.\u003c/p>\n\u003cp>“We gotta remember the smell of smoke,” Johnson said, invoking repeated protests in Oakland following Grant’s death and the eventual conviction of former BART Officer Johannes Mehserle for involuntary manslaughter. “We gotta remember the buildings whose windows were busted and broke, the anger and response from people in this community that may respond in ways that you don’t like.”\u003c/p>\n\u003cp>“There’s a simple ask here — that the officer be taken off of post,” he said.\u003c/p>\n\u003cp>Cat Brooks of the Anti Police-Terror Project pledged to fight for Mateu’s prosecution.\u003c/p>\n\u003cp>“The last time that there was this intersection of race, class, ideology, religion and rage, for the first time in California’s history, a police officer was tried and convicted for murder,” she said, also invoking Grant’s death. “I’m here to tell you today, to promise you today, to warn you today he will be charged, he will be convicted and he will be sent to jail.”\u003c/p>\n\u003cp>“Your role is to fire him,” she said. “The fact that he is on the streets of this community is shameful and you should be concerned.”\u003c/p>\n\u003cp>Brooks says her group will also make demands of the Oakland Police Department, which is overseeing the investigation and first \u003ca href=\"https://ww2.kqed.org/news/2018/02/12/mother-of-oakland-man-fatally-shot-by-bart-officer-demands-release-of-body-camera-video/\" target=\"_blank\" rel=\"noopener\">showed Mateu’s body-camera footage\u003c/a> to Tindle’s family.\u003c/p>\n\u003cp>BART police and Tindle’s family disagree about whether that video shows Tindle was armed at the moment he was shot.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.youtube.com/watch?v=tKLikYUloXc\">video\u003c/a> indisputably shows Mateu responding to the sound of gunshots near the West Oakland BART station. About 30 seconds later, he can be seen rushing toward two men wrestling on the ground. One of those men is Tindle, who had reportedly shot the other, unidentified man once in the leg.\u003c/p>\n\u003cp>Though Mateu yelled for the men to show him their hands several times, he never identified himself as a police officer. The video shows him fire three times into Tindle’s back. He was later pronounced dead at the hospital.\u003c/p>\n\u003cp>Tindle’s family says he died defending his family — including his partner, her sister and his two young children — from a stranger who began harassing them as they walked to the BART station.\u003c/p>\n\u003cp>Narcella Banks, grandmother to Tindle’s two children, described him as a family man.\u003c/p>\n\u003cp>“I have a quiet rage,” Banks said. “He’s walking down the street minding his own damn business, protecting my other daughter who had her hijab on and protecting his wife and his two children while some strange man is doing something to them.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tindle’s mother and two young children have filed a wrongful death \u003ca href=\"https://www.documentcloud.org/documents/4384682-180213-Tindle-Claim.html\">claim\u003c/a> against BART.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Mother of Man Killed by BART Officer Demands Criminal Charges",
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"content": "\u003cp>\u003cstrong>Update 5:45 p.m. Tuesday:\u003c/strong> A legal claim filed Tuesday against BART by the mother and two young children of a man killed by a transit police officer in January acknowledges that Sahleem Tindle had shot another man in the leg just before he was killed.\u003c/p>\n\u003cp>But the claim, generally seen as a precursor to a federal lawsuit, says Tindle had been struggling with the other man and had been disarmed by the time BART Police Officer Joseph Mateu arrived on the scene. The claim cites video from Mateu's body camera.\u003c/p>\n\u003cp>\"The other man who had been involved in the altercation with Mr. Tindle had been shot in the leg by Mr. Tindle and had disarmed Mr. Tindle of the handgun prior to Officer Mateu's arrival,\" the claim says.\u003c/p>\n\u003cfigure id=\"attachment_11649960\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg\" alt=\"Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3.\" width=\"800\" height=\"656\" class=\"size-medium wp-image-11649960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-160x131.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1020x836.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1180x967.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-960x787.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-240x197.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-375x307.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-520x426.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It says Mateu was writing a citation late in the afternoon on Jan. 3 when he heard two gunshots and ran toward the sound. He came upon two men wrestling across the street from West Oakland station.\u003c/p>\n\u003cp>Mateu twice shouted at the men to show their hands, according to the claim, and they started to back away from each other.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"As Mr. Tindle began to stand, making no sudden movement, Officer Mateu fired three gunshots at Mr. Tindle's back,\" the claim says.\u003c/p>\n\u003cp>\"Regardless of what happened before, at the time he shot and killed this young man, he did not have sufficient evidence to justify it,\" civil rights attorney John Burris said. \"It should be prosecuted. As to what level of prosecution it is, that’s for the DA, but I certainly would start with murder.\"\u003c/p>\n\u003cp>Burris, along with several members of Tindle's family, said initial descriptions of the shooting by the Oakland Police Department -- which is leading a criminal investigation -- indicated Tindle was armed and threatening the officer when he was shot. They want Mateu's body camera video to be publicly released.\u003c/p>\n\u003cp>\"It’s disturbing, no doubt about it – seeing a young man shot and killed,\" Burris said. \"But on the other hand, you’ve been told that he was killed because he was pointing a gun at someone. That didn’t happen, and so the only way to correct that narrative is to show the video.\"\u003c/p>\n\u003cp>Although Oakland police made the video available to Tindle's family and their attorney last week, the department declined KQED's formal request for a copy, citing an open investigation.\u003c/p>\n\u003cp>BART Police Chief Carlos Rojas said the video would be made public, but not likely any time soon.\u003c/p>\n\u003cp>\"Once the multiple investigations into this incident are complete, BART is committed to releasing all relevant information related to what happened including video from the involved officer’s body-worn camera,\" Rojas said in a written statement.\u003c/p>\n\u003cp>More than 200 people gathered in protest outside West Oakland station Tuesday calling for the video's release and prosecution of the officer.\u003c/p>\n\u003cp>\"Sahleem did not deserve to lose his life,\" Tindle's sister Nalia Watkins said. \"We want to see Officer Mateu charged.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, 3:40 p.m. Monday:\u003c/strong> The mother of a man fatally shot by a BART police officer near the West Oakland Station in January is calling on the transit agency and the Oakland Police Department to publicly release body-camera footage of the shooting, which she says shows her son was unarmed when he was shot three times in the back.\u003c/p>\n\u003cp>Yolanda Banks was allowed to watch video of the \u003ca href=\"https://www.eastbaytimes.com/2018/01/04/police-man-fatally-shot-in-west-oakland-by-bart-officer-had-gun/\" target=\"_blank\" rel=\"noopener\">Jan. 3 shooting\u003c/a> last week at Oakland police headquarters, along with other close relatives of her deceased son, 28-year-old Sahleem Tindle, and attorney John Burris.\u003c/p>\n\u003cp>Banks said the video contradicts OPD's initial statements about the shooting -- specifically that Tindle had a handgun as he struggled with another man, as yet unidentified, when BART Officer Joseph Mateu responded on foot to \"an active shooting taking place.\"\u003c/p>\n\u003cfigure id=\"attachment_11649598\" class=\"wp-caption alignright\" style=\"max-width: 677px\">\u003cimg class=\"size-full wp-image-11649598\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg\" alt=\"An undated photograph of Sahleem Tindle.\" width=\"677\" height=\"676\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg 677w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-160x160.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-240x240.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-375x374.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-520x519.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-50x50.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-150x150.jpg 150w\" sizes=\"(max-width: 677px) 100vw, 677px\">\u003cfigcaption class=\"wp-caption-text\">An undated photograph of Sahleem Tindle. \u003ccite>(Via Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The officer observed two males in a struggle with each other; one of the men possessed a handgun,\" a Jan. 4 Oakland Police Department statement on the shooting says. \"After several commands were given, the officer discharged his firearm striking the man who was in possession of the handgun; he later succumbed to his injuries. Investigators are attempting to clarify how the other man, who was listed in stable condition and has since been released from the hospital, sustained his injuries.\"\u003c/p>\n\u003cp>The other man was reportedly shot in the leg.\u003c/p>\n\u003cp>Both Banks and Burris said the body-camera footage never showed Tindle in possession of a gun.\u003c/p>\n\u003cp>Both BART and the Oakland Police Department declined to release a copy of the video to KQED, citing ongoing investigations into the shooting. An Oakland police spokeswoman said the Police Department will generally allow family members and their attorneys to watch body-camera videos that are not otherwise publicly released.\u003c/p>\n\u003cp>\"We saw it with our own eyes -- that is not what happened,\" Banks said of Mateu's body-camera video. She said the video began with the officer running out of West Oakland Station and across the street, where the two men were fighting.\u003c/p>\n\u003cp>\"He ran over with his gun drawn and he said, 'Stop fighting, stop fighting,' \" Banks said, adding that she did not hear the officer identify himself. \"My son, Sahleem Tindle, broke loose from the guy that he was fighting. He held up his hands. He was unarmed, and his back was turned to the police officer. And that police officer let out three rounds in his back.\"\u003c/p>\n\u003cp>Burris said the video should bolster a criminal investigation into the shooting. The Oakland Police Department and the Alameda County District Attorney's Office are charged with investigating the shooting for violations of criminal law.\u003c/p>\n\u003cp>\"I can certainly see that a person was shot in the back three times by an officer, and it doesn’t appear that he has a gun or was in the process of using deadly force against anyone, including the police officer, at the time,\" Burris said. \"A gun is found nearby both men, but who possessed it, we don't know yet. And we don't know if the officer saw something other than what can be seen in the video.\"\u003c/p>\n\u003cp>Banks, a longtime Bay Area artist, said Tindle often helped her set up for theatrical shows in San Francisco and was looking forward to starting a new job in Oakland. She said her son had two children -- an 8-year-old son and 2-year-old daughter.\u003c/p>\n\u003cfigure id=\"attachment_11649596\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11649596\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg\" alt=\"A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART Police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018. \u003ccite>(Courtesy of the Oakland Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Banks said the family plans to file a civil lawsuit.\u003c/p>\n\u003cp>\"He has two children that have to be taken care of,\" she said. \"He's no longer in their life.\"\u003c/p>\n\u003cp>Banks said she doesn't believe Tindle had a gun, and said she has no idea what started the late-afternoon fight that ended with her son being fatally shot.\u003c/p>\n\u003cp>\"I have seen many mothers lose their children and now the shoe is on the other foot,\" she said. \"I’m just, I’m really really crushed by it. My heart is so broken.\"\u003c/p>\n\u003cp>A spokesman for BART said Officer Mateu had returned to full duty as of last week, and an internal investigation into the shooting, as well as a review by the BART Office of the Independent Police Auditor, are ongoing.\u003c/p>\n\u003cp>Banks said she's planning a press conference and protest at the West Oakland Station for 10:30 a.m. Tuesday, where she will call for criminal charges against Mateu and for the body-camera video to be publicly released.\u003c/p>\n\u003cp>\"I would like for them to see it with their own eyes,\" she said, \"and then they can be the judge of it.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This report has been corrected. The original post contained a typo that made a quote from Yolanda Banks inaccurate. Banks said \"guy\" and not \"gun.\"\u003c/em>\u003c/p>\n\n",
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"excerpt": "The family of Sahleem Tindle, and their attorney, were allowed to view footage the Oakland Police Department and BART declined to otherwise make public. They say it shows an unarmed man being shot in the back.",
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"description": "The family of Sahleem Tindle, and their attorney, were allowed to view footage the Oakland Police Department and BART declined to otherwise make public. They say it shows an unarmed man being shot in the back.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 5:45 p.m. Tuesday:\u003c/strong> A legal claim filed Tuesday against BART by the mother and two young children of a man killed by a transit police officer in January acknowledges that Sahleem Tindle had shot another man in the leg just before he was killed.\u003c/p>\n\u003cp>But the claim, generally seen as a precursor to a federal lawsuit, says Tindle had been struggling with the other man and had been disarmed by the time BART Police Officer Joseph Mateu arrived on the scene. The claim cites video from Mateu's body camera.\u003c/p>\n\u003cp>\"The other man who had been involved in the altercation with Mr. Tindle had been shot in the leg by Mr. Tindle and had disarmed Mr. Tindle of the handgun prior to Officer Mateu's arrival,\" the claim says.\u003c/p>\n\u003cfigure id=\"attachment_11649960\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg\" alt=\"Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3.\" width=\"800\" height=\"656\" class=\"size-medium wp-image-11649960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-800x656.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-160x131.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1020x836.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-1180x967.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-960x787.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-240x197.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-375x307.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29424_alt_686-1-520x426.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Yolanda Banks, mother of Sahleem Tindle, marches around West Oakland BART station on Feb. 13 in protest of Tindle's fatal shooting near the station on Jan. 3. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It says Mateu was writing a citation late in the afternoon on Jan. 3 when he heard two gunshots and ran toward the sound. He came upon two men wrestling across the street from West Oakland station.\u003c/p>\n\u003cp>Mateu twice shouted at the men to show their hands, according to the claim, and they started to back away from each other.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"As Mr. Tindle began to stand, making no sudden movement, Officer Mateu fired three gunshots at Mr. Tindle's back,\" the claim says.\u003c/p>\n\u003cp>\"Regardless of what happened before, at the time he shot and killed this young man, he did not have sufficient evidence to justify it,\" civil rights attorney John Burris said. \"It should be prosecuted. As to what level of prosecution it is, that’s for the DA, but I certainly would start with murder.\"\u003c/p>\n\u003cp>Burris, along with several members of Tindle's family, said initial descriptions of the shooting by the Oakland Police Department -- which is leading a criminal investigation -- indicated Tindle was armed and threatening the officer when he was shot. They want Mateu's body camera video to be publicly released.\u003c/p>\n\u003cp>\"It’s disturbing, no doubt about it – seeing a young man shot and killed,\" Burris said. \"But on the other hand, you’ve been told that he was killed because he was pointing a gun at someone. That didn’t happen, and so the only way to correct that narrative is to show the video.\"\u003c/p>\n\u003cp>Although Oakland police made the video available to Tindle's family and their attorney last week, the department declined KQED's formal request for a copy, citing an open investigation.\u003c/p>\n\u003cp>BART Police Chief Carlos Rojas said the video would be made public, but not likely any time soon.\u003c/p>\n\u003cp>\"Once the multiple investigations into this incident are complete, BART is committed to releasing all relevant information related to what happened including video from the involved officer’s body-worn camera,\" Rojas said in a written statement.\u003c/p>\n\u003cp>More than 200 people gathered in protest outside West Oakland station Tuesday calling for the video's release and prosecution of the officer.\u003c/p>\n\u003cp>\"Sahleem did not deserve to lose his life,\" Tindle's sister Nalia Watkins said. \"We want to see Officer Mateu charged.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, 3:40 p.m. Monday:\u003c/strong> The mother of a man fatally shot by a BART police officer near the West Oakland Station in January is calling on the transit agency and the Oakland Police Department to publicly release body-camera footage of the shooting, which she says shows her son was unarmed when he was shot three times in the back.\u003c/p>\n\u003cp>Yolanda Banks was allowed to watch video of the \u003ca href=\"https://www.eastbaytimes.com/2018/01/04/police-man-fatally-shot-in-west-oakland-by-bart-officer-had-gun/\" target=\"_blank\" rel=\"noopener\">Jan. 3 shooting\u003c/a> last week at Oakland police headquarters, along with other close relatives of her deceased son, 28-year-old Sahleem Tindle, and attorney John Burris.\u003c/p>\n\u003cp>Banks said the video contradicts OPD's initial statements about the shooting -- specifically that Tindle had a handgun as he struggled with another man, as yet unidentified, when BART Officer Joseph Mateu responded on foot to \"an active shooting taking place.\"\u003c/p>\n\u003cfigure id=\"attachment_11649598\" class=\"wp-caption alignright\" style=\"max-width: 677px\">\u003cimg class=\"size-full wp-image-11649598\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg\" alt=\"An undated photograph of Sahleem Tindle.\" width=\"677\" height=\"676\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook.jpg 677w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-160x160.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-240x240.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-375x374.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-520x519.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-32x32.jpg 32w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-50x50.jpg 50w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-64x64.jpg 64w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-96x96.jpg 96w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-128x128.jpg 128w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/Sahleem-Tindle-Undated-Photo-via-Facebook-150x150.jpg 150w\" sizes=\"(max-width: 677px) 100vw, 677px\">\u003cfigcaption class=\"wp-caption-text\">An undated photograph of Sahleem Tindle. \u003ccite>(Via Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The officer observed two males in a struggle with each other; one of the men possessed a handgun,\" a Jan. 4 Oakland Police Department statement on the shooting says. \"After several commands were given, the officer discharged his firearm striking the man who was in possession of the handgun; he later succumbed to his injuries. Investigators are attempting to clarify how the other man, who was listed in stable condition and has since been released from the hospital, sustained his injuries.\"\u003c/p>\n\u003cp>The other man was reportedly shot in the leg.\u003c/p>\n\u003cp>Both Banks and Burris said the body-camera footage never showed Tindle in possession of a gun.\u003c/p>\n\u003cp>Both BART and the Oakland Police Department declined to release a copy of the video to KQED, citing ongoing investigations into the shooting. An Oakland police spokeswoman said the Police Department will generally allow family members and their attorneys to watch body-camera videos that are not otherwise publicly released.\u003c/p>\n\u003cp>\"We saw it with our own eyes -- that is not what happened,\" Banks said of Mateu's body-camera video. She said the video began with the officer running out of West Oakland Station and across the street, where the two men were fighting.\u003c/p>\n\u003cp>\"He ran over with his gun drawn and he said, 'Stop fighting, stop fighting,' \" Banks said, adding that she did not hear the officer identify himself. \"My son, Sahleem Tindle, broke loose from the guy that he was fighting. He held up his hands. He was unarmed, and his back was turned to the police officer. And that police officer let out three rounds in his back.\"\u003c/p>\n\u003cp>Burris said the video should bolster a criminal investigation into the shooting. The Oakland Police Department and the Alameda County District Attorney's Office are charged with investigating the shooting for violations of criminal law.\u003c/p>\n\u003cp>\"I can certainly see that a person was shot in the back three times by an officer, and it doesn’t appear that he has a gun or was in the process of using deadly force against anyone, including the police officer, at the time,\" Burris said. \"A gun is found nearby both men, but who possessed it, we don't know yet. And we don't know if the officer saw something other than what can be seen in the video.\"\u003c/p>\n\u003cp>Banks, a longtime Bay Area artist, said Tindle often helped her set up for theatrical shows in San Francisco and was looking forward to starting a new job in Oakland. She said her son had two children -- an 8-year-old son and 2-year-old daughter.\u003c/p>\n\u003cfigure id=\"attachment_11649596\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11649596\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg\" alt=\"A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART Police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/02/RS29358_Firearm-Recovered-at-7th-Street-Chester-Street-03Jan18-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A photograph of a firearm the Oakland Police Department says was recovered from the scene after BART police Officer Joseph Mateu fatally shot Shaleem Tindle on Jan. 3, 2018. \u003ccite>(Courtesy of the Oakland Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Banks said the family plans to file a civil lawsuit.\u003c/p>\n\u003cp>\"He has two children that have to be taken care of,\" she said. \"He's no longer in their life.\"\u003c/p>\n\u003cp>Banks said she doesn't believe Tindle had a gun, and said she has no idea what started the late-afternoon fight that ended with her son being fatally shot.\u003c/p>\n\u003cp>\"I have seen many mothers lose their children and now the shoe is on the other foot,\" she said. \"I’m just, I’m really really crushed by it. My heart is so broken.\"\u003c/p>\n\u003cp>A spokesman for BART said Officer Mateu had returned to full duty as of last week, and an internal investigation into the shooting, as well as a review by the BART Office of the Independent Police Auditor, are ongoing.\u003c/p>\n\u003cp>Banks said she's planning a press conference and protest at the West Oakland Station for 10:30 a.m. Tuesday, where she will call for criminal charges against Mateu and for the body-camera video to be publicly released.\u003c/p>\n\u003cp>\"I would like for them to see it with their own eyes,\" she said, \"and then they can be the judge of it.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report has been corrected. The original post contained a typo that made a quote from Yolanda Banks inaccurate. Banks said \"guy\" and not \"gun.\"\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>State Attorney General on Resisting the Trump Administration\u003cbr>\n\u003c/strong>On Thursday, President Trump reportedly referred to Haiti and African nations as “shithole countries.” California Attorney General Xavier Becerra responded by saying that Trump has “denigrated the word of the president.” We also talk to Becerra about other areas of conflict between California and the Trump administration, such as a possible crackdown by federal authorities on states such as California that have legalized marijuana.\u003c/p>\n\u003cp>\u003cstrong>Immigration: El Salvador, 7-Eleven, ‘Dreamers’\u003cbr>\n\u003c/strong>The Trump administration announced it would terminate residency permits for 200,000 Salvadorans living in the U.S. under Temporary Protected Status. Federal immigration agents also raided 7-Eleven stores across the country, looking for undocumented immigrants and managers who employ them. On Capitol Hill, there were talks on how to protect 800,000 so-called Dreamers brought to the U.S. illegally as children.\u003c/p>\n\u003cp>Guests:\u003c/p>\n\u003cul>\n\u003cli>Deep Gulasekaram, Santa Clara University professor of law\u003c/li>\n\u003cli>Robert Nuñez, DACA recipient\u003c/li>\n\u003cli>Laura Sanchez, Carecen SF legal program director\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Oakland Police Chief Anne Kirkpatrick\u003cbr>\n\u003c/strong>It’s been a year since Oakland Police Chief Anne Kirkpatrick took the helm of a police department that was mired in scandal. The department had lost three chiefs in nine short days, while investigating allegations of sexual misconduct involving dozens of officers and a teenage girl. The department also has been under federal court oversight for about 15 years in the wake of the “Riders” case. We talk to the new chief about what she’s doing to reform the department.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>State Attorney General on Resisting the Trump Administration\u003cbr>\n\u003c/strong>On Thursday, President Trump reportedly referred to Haiti and African nations as “shithole countries.” California Attorney General Xavier Becerra responded by saying that Trump has “denigrated the word of the president.” We also talk to Becerra about other areas of conflict between California and the Trump administration, such as a possible crackdown by federal authorities on states such as California that have legalized marijuana.\u003c/p>\n\u003cp>\u003cstrong>Immigration: El Salvador, 7-Eleven, ‘Dreamers’\u003cbr>\n\u003c/strong>The Trump administration announced it would terminate residency permits for 200,000 Salvadorans living in the U.S. under Temporary Protected Status. Federal immigration agents also raided 7-Eleven stores across the country, looking for undocumented immigrants and managers who employ them. On Capitol Hill, there were talks on how to protect 800,000 so-called Dreamers brought to the U.S. illegally as children.\u003c/p>\n\u003cp>Guests:\u003c/p>\n\u003cul>\n\u003cli>Deep Gulasekaram, Santa Clara University professor of law\u003c/li>\n\u003cli>Robert Nuñez, DACA recipient\u003c/li>\n\u003cli>Laura Sanchez, Carecen SF legal program director\u003c/li>\n\u003c/ul>\n\u003cp>\u003cstrong>Oakland Police Chief Anne Kirkpatrick\u003cbr>\n\u003c/strong>It’s been a year since Oakland Police Chief Anne Kirkpatrick took the helm of a police department that was mired in scandal. The department had lost three chiefs in nine short days, while investigating allegations of sexual misconduct involving dozens of officers and a teenage girl. The department also has been under federal court oversight for about 15 years in the wake of the “Riders” case. We talk to the new chief about what she’s doing to reform the department.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Criminal Charges Dismissed Against 3rd Cop in Police Sexual Exploitation Case",
"title": "Criminal Charges Dismissed Against 3rd Cop in Police Sexual Exploitation Case",
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"content": "\u003cp>\u003cstrong>Update, 11:30 a.m. Thursday:\u003c/strong> Alameda County prosecutors moved to dismiss their own case Thursday morning against an Oakland police officer charged with illegal sex with a minor.\u003c/p>\n\u003cp>It signals an end to the most serious Alameda County prosecutions of a group of law enforcement officers accused of \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener\">sexually exploiting\u003c/a> the teenage daughter of an Oakland police dispatcher. The case spanned six Bay Area jurisdictions, spawned a \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\" rel=\"noopener\">major upheaval\u003c/a> in leadership of the Oakland Police Department and led to the filing of half a dozen lawsuits, most of which are still pending.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I had the utmost confidence that this would be the result. Unfortunately, it took a year and a half to get here. I am happy. I look forward to getting back and serving the people of Oakland.'\u003ccite>Giovanni LoVerde,\u003cbr>\nOakland police officer\u003c/cite>\u003c/aside>\n\u003cp>The latest move to drop charges against OPD Officer Giovanni LoVerde follows Alameda County Superior Court Judge Jon Rolefson's recent dismissal of related charges against two former law enforcement officers.\u003c/p>\n\u003cp>Prosecutor Sabrina Farrell said in court that the charges against LoVerde -- felony oral copulation with a minor -- had facts similar to the case against former Contra Costa sheriff's Deputy Ricardo Perez, which Rolefson dismissed Wednesday. The judge ruled prosecutors failed to prove Perez should have known the teen who went by the name Celeste Guap was underage.\u003c/p>\n\u003cp>\"In Wednesday’s ruling on the 995 motion in the case against Ricardo Perez, the judge articulated his analysis of the law,\" Assistant District Attorney Teresa Drenick, who serves as the DA's spokeswoman, wrote in an emailed response to a request for comment. She added that the office disagrees with Rolefson's rulings.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"There exists a conflict in the law interpreting the criminal statutes that govern the crimes charged, and we have determined that we will seek an appellate remedy,\" Drenick said.\u003c/p>\n\u003cp>LoVerde, who was accused of having oral sex with now 20-year-old Jasmine Abuslin in an apartment entryway near Lake Merritt when she was 17, said after the hearing that the dismissal was \"long overdue.\"\u003cbr>\n[contextly_sidebar id=\"UJtSNfWcyeFz6DiGwyHVfxIufMS3lD4T\"]\u003cbr>\n\"I had the utmost confidence that this would be the result,\" he said. \"Unfortunately, it took a year and a half to get here. I am happy. I look forward to getting back and serving the people of Oakland.\"\u003c/p>\n\u003cp>LoVerde said he's been on leave since he was charged.\u003c/p>\n\u003cp>His defense attorneys cast LoVerde as the victim of a case driven by a salacious scandal.\u003c/p>\n\u003cp>\"When you google his name, all this information comes up,\" attorney Jyoti Rekhi said. \"The allegations were unfounded and that should have been properly processed before a case was filed, and a case shouldn’t have been filed.\"\u003c/p>\n\u003cp>Defense attorney Michael Cardoza said Oakland \"really should be ashamed\" for \u003ca href=\"https://ww2.kqed.org/news/2017/06/01/teen-tied-to-sexual-misconduct-case-relieved-by-oakland-settlement/\" target=\"_blank\" rel=\"noopener\">paying $989,000\u003c/a> to settle a civil claim brought on behalf of Abuslin.\u003c/p>\n\u003cp>\"She was working the streets,\" he said. \"It was her choice. We understand that at one time she was underage when she started, but her mother was a dispatcher for the Oakland Police Department. You mean to tell me the mother didn’t know what was going on in this situation?\"\u003cbr>\n[contextly_sidebar id=\"dWZg1oWB7DEep22veT4dWAsSgmlajJtr\"]\u003cbr>\nSimilar lawsuits are pending against Contra Costa and Alameda counties, as well as Richmond, San Francisco and Livermore.\u003c/p>\n\u003cp>Abuslin's testimony at preliminary hearings for former Oakland police Officer Brian \u003ca href=\"http://www.eastbaytimes.com/2017/05/18/teen-at-center-of-cop-sex-scandal-to-testify-in-court/\" target=\"_blank\" rel=\"noopener\">Bunton\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2017/07/29/former-contra-costa-sheriffs-deputy-to-stand-trial-in-sexual-exploitation-case/\" target=\"_blank\" rel=\"noopener\">Perez\u003c/a> was both graphic and grueling, with Abuslin describing various sexually explicit electronic messages swapped with the peace officers. In Perez's case, the former deputy repeatedly coaxed her to send naked pictures of herself, and he repeatedly sent her photos of his penis, according to Abuslin's testimony that referenced the messages.\u003c/p>\n\u003cp>Her civil attorney, John Burris, said Wednesday that repeating that experience was taking a toll.\u003c/p>\n\u003cp>\"It causes her to have a loss of faith, if you will, in the judicial system and really raises question in her own mind as to whether or not it’s worth it,\" he said.\u003c/p>\n\u003cp>Prosecutors made their decision to scrap the charges before a preliminary hearing for LoVerde with that in mind, according to the district attorney's office.\u003c/p>\n\u003cp>\"We are always mindful of how difficult it has been for the victim in these matters to testify in open court about her exploitation, and we made today’s decision in close consultation with her,\" Drenick wrote.\u003c/p>\n\u003cp>There is one criminal prosecution related to Abuslin remaining. Former OPD Officer Terryl Smith is charged with five misdemeanors for illegally accessing and furnishing confidential law enforcement records. The case is scheduled to go to trial early next year.\u003c/p>\n\u003cp>\u003cstrong>Original post, 7:10 p.m. Wednesday:\u003c/strong> An Alameda County Superior Court judge has dismissed criminal charges against a second defendant in a widespread law enforcement \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener\">sexual exploitation case\u003c/a> involving dozens of Bay Area peace officers and the teenage daughter of an Oakland police dispatcher.\u003c/p>\n\u003cp>Prosecutors had \u003ca href=\"https://ww2.kqed.org/news/2017/08/09/former-contra-costa-deputy-charged-with-sex-with-a-minor-in-exploitation-case/\" target=\"_blank\" rel=\"noopener\">charged\u003c/a> former Contra Costa County sheriff's Deputy Ricardo Perez with felony sex with a minor and two misdemeanor counts of lewd acts in a public place. The charges were based on a series of encounters between Perez and the now 20-year-old Jasmine Abuslin, also known as Celeste Guap, in the summer of 2015, when she was 17 years old.\u003c/p>\n\u003cp>But Judge Jon Rolefson ruled from the bench Wednesday that the prosecution had not met its burden to prove Perez was guilty of either charge.\u003c/p>\n\u003cp>\"There’s nothing in this set of facts that he knew or should have known [Abuslin's age],\" Rolefson said in court. \"The burden is on the prosecution to disprove that lack of knowledge. They did not do that.\"\u003c/p>\n\u003cp>As for the lewd conduct in a public place, Rolefson found prosecutors failed to prove a likelihood that anyone who could be offended would be at the dark spot off rural Fish Ranch Road in Alameda County, where Perez allegedly drove Abuslin to have sex.\u003c/p>\n\u003cp>\"There’s no reasonable expectation that someone would be present to see it and be offended,\" Rolefson said.\u003c/p>\n\u003cp>Perez's defense attorney, Joe Motta, said his client couldn't talk about the case because he's still a defendant in one of five lawsuits brought by Abuslin against Contra Costa County, Alameda County, San Francisco, Richmond and Livermore. Oakland \u003ca href=\"https://ww2.kqed.org/news/2017/06/01/teen-tied-to-sexual-misconduct-case-relieved-by-oakland-settlement/\" target=\"_blank\" rel=\"noopener\">settled\u003c/a> Abuslin's claim for $989,000 in June.\u003c/p>\n\u003cp>Abuslin's \u003ca href=\"https://ww2.kqed.org/news/2017/07/29/former-contra-costa-sheriffs-deputy-to-stand-trial-in-sexual-exploitation-case/\" target=\"_blank\" rel=\"noopener\">testimony at a preliminary hearing\u003c/a> in the case against Perez described their initial contact on Facebook that quickly turned to sexually graphic messaging and swapping explicit naked photos. Perez sent several photographs of his naked penis to Abuslin between July 2015 and April 2016, according to the testimony and exhibits at the preliminary hearing. Abuslin, though sometimes she protested, sent several naked, sexually explicit photographs of herself to the former deputy, sometimes while he appeared to be on duty.\u003c/p>\n\u003cp>\"Mr. Perez did nothing to exploit this young woman,\" Motta said. Abuslin appears to have been sexually trafficked since she was 12 years old, he said, but the prosecution didn't investigate her earlier life and what led her to cultivate relationships with so many law enforcement officers.\u003c/p>\n\u003cp>\"By the time she was 17 or 18, she’s been a one-woman wrecking ball,\" Motta said. \"She’s destroyed lives.\"\u003c/p>\n\u003cp>The dismissal of charges against Perez comes less than a month after Rolefson \u003ca href=\"http://www.eastbaytimes.com/2017/09/13/charges-dismissed-for-ex-oakland-officer-in-police-sex-scandal/\" target=\"_blank\" rel=\"noopener\">tossed out charges\u003c/a> against former Oakland police Officer Brian Bunton for allegedly trading information on prostitution stings for sex with Abuslin, who was over 18 and working in the sex trade at the time.\u003c/p>\n\u003cp>The fizzling criminal prosecutions are in contrast to the major scandal that inspired them and precipitated a succession of police chief \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\" rel=\"noopener\">resignations\u003c/a> in Oakland last year.\u003c/p>\n\u003cp>The Alameda County District Attorney's Office did not immediately respond to a request for comment about the dismissal Wednesday of charges against Perez.\u003c/p>\n\u003cp>A spokeswoman called the dismissal of charges against Bunton in September \"disappointing.\"\u003c/p>\n\u003cp>\"We firmly stand behind the criminal charges that we filed and wholeheartedly believe that the evidence supports the charges,\" the office said in a statement last month.\u003c/p>\n\u003cp>But Stanford Law School Professor Robert Weisberg said there's a difference between a major scandal in the news and criminal charges before a judge.\u003c/p>\n\u003cp>\"If it is a highly morally fraught case, as these are, and the allegations -- even if they’re just allegations -- are very, very stigmatizing, then the case is going to look worse for the defendants at the very start because it’s all a big part of this scandal,\" Weisberg said.\u003c/p>\n\u003cp>But as the cases proceed through the criminal system, they separate from each other and from the larger scandal, allowing defense attorneys to focus on the weaknesses of charges against individual officers.\u003c/p>\n\u003cp>\"It turns out that the evidence is much more equivocal once you have lawyers homing in on the specific allegations against the specific individual, and you really stick to the facts about that particular individual rather than some general sense that he is part of some wider scandal or scheme,\" Weisberg said. \"The cases look weaker when they’re looked at with great scrutiny on an individual basis.\"\u003c/p>\n\u003cp>It's possible, Weisberg said, that pending civil claims will fare better than the criminal charges, due in part to a lower standard of proof in civil cases.\u003c/p>\n\u003cp>Civil rights attorney John Burris, who represents Abuslin in those cases, agreed.\u003c/p>\n\u003cp>\"The civil case is one place that you can get stuff done,\" he said. \"You don’t have the similar constraints that you have in criminal cases that I think prevents jurors and judges from really objectively evaluating police officers’ conduct if it can result in jail or prison terms.\"\u003c/p>\n\u003cp>He said Abuslin's hours-long testimony in preliminary hearings concerning Bunton and Perez was difficult for her, and she's considering whether it's worth it.\u003c/p>\n\u003cp>\"It’s very, very painful for her to put herself out like that and offer testimony and then to have it sort of rejected, if you will, later,\" Burris said. \"It’s been an eye-opener for her and certainly raises questions about whether she should go forward in any of these further criminal cases.\"\u003c/p>\n\u003cp>She's expected to repeat that process in Alameda County Superior Court Thursday morning, when Oakland police Officer Giovanni LoVerde is scheduled for a preliminary hearing. LoVerde is charged with felony oral copulation with a minor stemming from an alleged meeting near Lake Merritt when Abuslin was 17.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>According to charging documents, Abuslin \"orally copulated suspect [LoVerde] in a public area, an apartment entryway.\"\u003c/p>\n\n",
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"excerpt": "Criminal charges stemming from 'Celeste Guap' case are unraveling. Five civil cases are yet to get underway.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 11:30 a.m. Thursday:\u003c/strong> Alameda County prosecutors moved to dismiss their own case Thursday morning against an Oakland police officer charged with illegal sex with a minor.\u003c/p>\n\u003cp>It signals an end to the most serious Alameda County prosecutions of a group of law enforcement officers accused of \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener\">sexually exploiting\u003c/a> the teenage daughter of an Oakland police dispatcher. The case spanned six Bay Area jurisdictions, spawned a \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\" rel=\"noopener\">major upheaval\u003c/a> in leadership of the Oakland Police Department and led to the filing of half a dozen lawsuits, most of which are still pending.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I had the utmost confidence that this would be the result. Unfortunately, it took a year and a half to get here. I am happy. I look forward to getting back and serving the people of Oakland.'\u003ccite>Giovanni LoVerde,\u003cbr>\nOakland police officer\u003c/cite>\u003c/aside>\n\u003cp>The latest move to drop charges against OPD Officer Giovanni LoVerde follows Alameda County Superior Court Judge Jon Rolefson's recent dismissal of related charges against two former law enforcement officers.\u003c/p>\n\u003cp>Prosecutor Sabrina Farrell said in court that the charges against LoVerde -- felony oral copulation with a minor -- had facts similar to the case against former Contra Costa sheriff's Deputy Ricardo Perez, which Rolefson dismissed Wednesday. The judge ruled prosecutors failed to prove Perez should have known the teen who went by the name Celeste Guap was underage.\u003c/p>\n\u003cp>\"In Wednesday’s ruling on the 995 motion in the case against Ricardo Perez, the judge articulated his analysis of the law,\" Assistant District Attorney Teresa Drenick, who serves as the DA's spokeswoman, wrote in an emailed response to a request for comment. She added that the office disagrees with Rolefson's rulings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"There exists a conflict in the law interpreting the criminal statutes that govern the crimes charged, and we have determined that we will seek an appellate remedy,\" Drenick said.\u003c/p>\n\u003cp>LoVerde, who was accused of having oral sex with now 20-year-old Jasmine Abuslin in an apartment entryway near Lake Merritt when she was 17, said after the hearing that the dismissal was \"long overdue.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"I had the utmost confidence that this would be the result,\" he said. \"Unfortunately, it took a year and a half to get here. I am happy. I look forward to getting back and serving the people of Oakland.\"\u003c/p>\n\u003cp>LoVerde said he's been on leave since he was charged.\u003c/p>\n\u003cp>His defense attorneys cast LoVerde as the victim of a case driven by a salacious scandal.\u003c/p>\n\u003cp>\"When you google his name, all this information comes up,\" attorney Jyoti Rekhi said. \"The allegations were unfounded and that should have been properly processed before a case was filed, and a case shouldn’t have been filed.\"\u003c/p>\n\u003cp>Defense attorney Michael Cardoza said Oakland \"really should be ashamed\" for \u003ca href=\"https://ww2.kqed.org/news/2017/06/01/teen-tied-to-sexual-misconduct-case-relieved-by-oakland-settlement/\" target=\"_blank\" rel=\"noopener\">paying $989,000\u003c/a> to settle a civil claim brought on behalf of Abuslin.\u003c/p>\n\u003cp>\"She was working the streets,\" he said. \"It was her choice. We understand that at one time she was underage when she started, but her mother was a dispatcher for the Oakland Police Department. You mean to tell me the mother didn’t know what was going on in this situation?\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nSimilar lawsuits are pending against Contra Costa and Alameda counties, as well as Richmond, San Francisco and Livermore.\u003c/p>\n\u003cp>Abuslin's testimony at preliminary hearings for former Oakland police Officer Brian \u003ca href=\"http://www.eastbaytimes.com/2017/05/18/teen-at-center-of-cop-sex-scandal-to-testify-in-court/\" target=\"_blank\" rel=\"noopener\">Bunton\u003c/a> and \u003ca href=\"https://ww2.kqed.org/news/2017/07/29/former-contra-costa-sheriffs-deputy-to-stand-trial-in-sexual-exploitation-case/\" target=\"_blank\" rel=\"noopener\">Perez\u003c/a> was both graphic and grueling, with Abuslin describing various sexually explicit electronic messages swapped with the peace officers. In Perez's case, the former deputy repeatedly coaxed her to send naked pictures of herself, and he repeatedly sent her photos of his penis, according to Abuslin's testimony that referenced the messages.\u003c/p>\n\u003cp>Her civil attorney, John Burris, said Wednesday that repeating that experience was taking a toll.\u003c/p>\n\u003cp>\"It causes her to have a loss of faith, if you will, in the judicial system and really raises question in her own mind as to whether or not it’s worth it,\" he said.\u003c/p>\n\u003cp>Prosecutors made their decision to scrap the charges before a preliminary hearing for LoVerde with that in mind, according to the district attorney's office.\u003c/p>\n\u003cp>\"We are always mindful of how difficult it has been for the victim in these matters to testify in open court about her exploitation, and we made today’s decision in close consultation with her,\" Drenick wrote.\u003c/p>\n\u003cp>There is one criminal prosecution related to Abuslin remaining. Former OPD Officer Terryl Smith is charged with five misdemeanors for illegally accessing and furnishing confidential law enforcement records. The case is scheduled to go to trial early next year.\u003c/p>\n\u003cp>\u003cstrong>Original post, 7:10 p.m. Wednesday:\u003c/strong> An Alameda County Superior Court judge has dismissed criminal charges against a second defendant in a widespread law enforcement \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener\">sexual exploitation case\u003c/a> involving dozens of Bay Area peace officers and the teenage daughter of an Oakland police dispatcher.\u003c/p>\n\u003cp>Prosecutors had \u003ca href=\"https://ww2.kqed.org/news/2017/08/09/former-contra-costa-deputy-charged-with-sex-with-a-minor-in-exploitation-case/\" target=\"_blank\" rel=\"noopener\">charged\u003c/a> former Contra Costa County sheriff's Deputy Ricardo Perez with felony sex with a minor and two misdemeanor counts of lewd acts in a public place. The charges were based on a series of encounters between Perez and the now 20-year-old Jasmine Abuslin, also known as Celeste Guap, in the summer of 2015, when she was 17 years old.\u003c/p>\n\u003cp>But Judge Jon Rolefson ruled from the bench Wednesday that the prosecution had not met its burden to prove Perez was guilty of either charge.\u003c/p>\n\u003cp>\"There’s nothing in this set of facts that he knew or should have known [Abuslin's age],\" Rolefson said in court. \"The burden is on the prosecution to disprove that lack of knowledge. They did not do that.\"\u003c/p>\n\u003cp>As for the lewd conduct in a public place, Rolefson found prosecutors failed to prove a likelihood that anyone who could be offended would be at the dark spot off rural Fish Ranch Road in Alameda County, where Perez allegedly drove Abuslin to have sex.\u003c/p>\n\u003cp>\"There’s no reasonable expectation that someone would be present to see it and be offended,\" Rolefson said.\u003c/p>\n\u003cp>Perez's defense attorney, Joe Motta, said his client couldn't talk about the case because he's still a defendant in one of five lawsuits brought by Abuslin against Contra Costa County, Alameda County, San Francisco, Richmond and Livermore. Oakland \u003ca href=\"https://ww2.kqed.org/news/2017/06/01/teen-tied-to-sexual-misconduct-case-relieved-by-oakland-settlement/\" target=\"_blank\" rel=\"noopener\">settled\u003c/a> Abuslin's claim for $989,000 in June.\u003c/p>\n\u003cp>Abuslin's \u003ca href=\"https://ww2.kqed.org/news/2017/07/29/former-contra-costa-sheriffs-deputy-to-stand-trial-in-sexual-exploitation-case/\" target=\"_blank\" rel=\"noopener\">testimony at a preliminary hearing\u003c/a> in the case against Perez described their initial contact on Facebook that quickly turned to sexually graphic messaging and swapping explicit naked photos. Perez sent several photographs of his naked penis to Abuslin between July 2015 and April 2016, according to the testimony and exhibits at the preliminary hearing. Abuslin, though sometimes she protested, sent several naked, sexually explicit photographs of herself to the former deputy, sometimes while he appeared to be on duty.\u003c/p>\n\u003cp>\"Mr. Perez did nothing to exploit this young woman,\" Motta said. Abuslin appears to have been sexually trafficked since she was 12 years old, he said, but the prosecution didn't investigate her earlier life and what led her to cultivate relationships with so many law enforcement officers.\u003c/p>\n\u003cp>\"By the time she was 17 or 18, she’s been a one-woman wrecking ball,\" Motta said. \"She’s destroyed lives.\"\u003c/p>\n\u003cp>The dismissal of charges against Perez comes less than a month after Rolefson \u003ca href=\"http://www.eastbaytimes.com/2017/09/13/charges-dismissed-for-ex-oakland-officer-in-police-sex-scandal/\" target=\"_blank\" rel=\"noopener\">tossed out charges\u003c/a> against former Oakland police Officer Brian Bunton for allegedly trading information on prostitution stings for sex with Abuslin, who was over 18 and working in the sex trade at the time.\u003c/p>\n\u003cp>The fizzling criminal prosecutions are in contrast to the major scandal that inspired them and precipitated a succession of police chief \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\" rel=\"noopener\">resignations\u003c/a> in Oakland last year.\u003c/p>\n\u003cp>The Alameda County District Attorney's Office did not immediately respond to a request for comment about the dismissal Wednesday of charges against Perez.\u003c/p>\n\u003cp>A spokeswoman called the dismissal of charges against Bunton in September \"disappointing.\"\u003c/p>\n\u003cp>\"We firmly stand behind the criminal charges that we filed and wholeheartedly believe that the evidence supports the charges,\" the office said in a statement last month.\u003c/p>\n\u003cp>But Stanford Law School Professor Robert Weisberg said there's a difference between a major scandal in the news and criminal charges before a judge.\u003c/p>\n\u003cp>\"If it is a highly morally fraught case, as these are, and the allegations -- even if they’re just allegations -- are very, very stigmatizing, then the case is going to look worse for the defendants at the very start because it’s all a big part of this scandal,\" Weisberg said.\u003c/p>\n\u003cp>But as the cases proceed through the criminal system, they separate from each other and from the larger scandal, allowing defense attorneys to focus on the weaknesses of charges against individual officers.\u003c/p>\n\u003cp>\"It turns out that the evidence is much more equivocal once you have lawyers homing in on the specific allegations against the specific individual, and you really stick to the facts about that particular individual rather than some general sense that he is part of some wider scandal or scheme,\" Weisberg said. \"The cases look weaker when they’re looked at with great scrutiny on an individual basis.\"\u003c/p>\n\u003cp>It's possible, Weisberg said, that pending civil claims will fare better than the criminal charges, due in part to a lower standard of proof in civil cases.\u003c/p>\n\u003cp>Civil rights attorney John Burris, who represents Abuslin in those cases, agreed.\u003c/p>\n\u003cp>\"The civil case is one place that you can get stuff done,\" he said. \"You don’t have the similar constraints that you have in criminal cases that I think prevents jurors and judges from really objectively evaluating police officers’ conduct if it can result in jail or prison terms.\"\u003c/p>\n\u003cp>He said Abuslin's hours-long testimony in preliminary hearings concerning Bunton and Perez was difficult for her, and she's considering whether it's worth it.\u003c/p>\n\u003cp>\"It’s very, very painful for her to put herself out like that and offer testimony and then to have it sort of rejected, if you will, later,\" Burris said. \"It’s been an eye-opener for her and certainly raises questions about whether she should go forward in any of these further criminal cases.\"\u003c/p>\n\u003cp>She's expected to repeat that process in Alameda County Superior Court Thursday morning, when Oakland police Officer Giovanni LoVerde is scheduled for a preliminary hearing. LoVerde is charged with felony oral copulation with a minor stemming from an alleged meeting near Lake Merritt when Abuslin was 17.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to charging documents, Abuslin \"orally copulated suspect [LoVerde] in a public area, an apartment entryway.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Court Orders Oakland to Report on Fixes Following Police Sexual Exploitation Case",
"title": "Court Orders Oakland to Report on Fixes Following Police Sexual Exploitation Case",
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"content": "\u003cp>A federal judge has ordered Oakland officials to detail how they plan to fix procedural issues in the Police Department identified last month in a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">court-ordered report\u003c/a> that found OPD's investigation into a widespread officer sexual exploitation case \"wholly inadequate.\"\u003c/p>\n\u003cp>The \u003ca href=\"#order\">Wednesday evening order\u003c/a> requires the city to report on progress in implementing forward-looking policy recommendations in the June 21 \u003ca href=\"https://www.documentcloud.org/documents/3870953-Court-Appointed-Investigators-Report-on-City-of.html#document/p1\" target=\"_blank\" rel=\"noopener noreferrer\">investigation\u003c/a> by attorneys Edward Swanson and Audrey Barron, as well as any progress on additional reforms the Police Department undertakes on its own.\u003c/p>\n\u003cp>The court also ordered the city to present a timeline for when changes will be complete, \"as well as a list of responsible persons who may, if warranted, be subject to contempt proceedings or other sanctions for any missed deadlines.\"\u003c/p>\n\u003cp>But the order is vague about whether the city will be required to identify supervising officers who downplayed, ignored and tried to keep hidden officers’ alleged sexual abuse of a teenager and apparent survivor of child sex trafficking brought to light last summer, according to an attorney involved in the federal court oversight of the Police Department. The case led to the \u003ca href=\"https://ww2.kqed.org/news/2016/06/10/sean-whent-out-as-oakland-police-chief-reports-say/\" target=\"_blank\" rel=\"noopener noreferrer\">forced resignation of former Oakland Police Chief Sean Whent\u003c/a> and a \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\" rel=\"noopener noreferrer\">quick succession of two interim chiefs\u003c/a> last June.\u003c/p>\n\u003cp>At least three high-ranking OPD officers supervised aspects of the department's initial response to the case, according to \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">reporting by the East Bay Express\u003c/a>, and were since promoted, put in for promotion or reassigned to another supervisory position by Oakland's new police chief, Anne Kirkpatrick.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Civil rights attorney Jim Chanin represents one side of the \"Riders\" case that initiated federal court oversight of the OPD 14 years ago. He said Thursday that if the city does not investigate potential misconduct of supervising officers, he'll never agree to end that oversight.\u003c/p>\n\u003cp>\"Considering they’re the highest-ranking people in the department more likely than not, if those people are allowed to get away with whatever misconduct they may have done, then the message to the other officers is they can get away with it, too, and all the reforms we’ve done on discipline will unravel,\" Chanin said. \"If they allow the highest-ranking people to escape any culpability and don’t even identify them, then they haven’t done the reforms that we hoped they would do.\"\u003c/p>\n\u003cp>That's significant because, prior to the surfacing of the sexual exploitation case in March 2016, Chanin says the Police Department had made significant progress, and he was close to agreeing to end the nearly decade and a half of federal court oversight.\u003c/p>\n\u003cp>\"I think they’ve made incredible progress in some areas, uses of force are way down, pursuits are way down, complaints are down, and they were on the verge of complying,\" he said. \"However, if they do not identify the people who are most responsible for some of the misconduct and performance of duty violations in this particular period of time, I can no longer see any time when I’d be willing to stand up with them and say they’ve complied.\"\u003c/p>\n\u003cp>Kirkpatrick said after a \u003ca href=\"https://ww2.kqed.org/news/2017/07/10/court-hears-arguments-on-police-sexual-exploitation-case-reform-efforts-in-oakland/\" target=\"_blank\" rel=\"noopener noreferrer\">hearing on the case Monday\u003c/a> that her promotions of John Lois to assistant chief, Roland Holmgren to captain and Capt. Kirk Coleman to head of internal affairs were approved by the court-appointed federal monitor, who will also oversee the city's reporting on how it will address problems exposed by the sexual exploitation case, according to Wednesday's order. She said she was prevented by \"employment law\" from examining whether any of her command staff were responsible for botching the department's initial response.\u003c/p>\n\u003cp>Not quite, said Chanin.\u003c/p>\n\u003cp>A one-year statute of limitations for police misconduct may prevent the chief from pursuing discipline, Chanin said, \"but nothing whatsoever prevents her from identifying those who did this. Nothing in employment law, nothing at all except the politics of the Police Department. And if she fails to do this, it’s her own weakness.\"\u003c/p>\n\u003cp>An Oakland Police Department spokeswoman wrote that the Swanson-Barron report, the city's written response and the court's most recent order \"define and lay a clear direction of tasks to be accomplished within prescribed timelines,\" in response to inquiries about whether the department planned to investigate the conduct of supervising officers. None of those documents appear to require the further investigation Chanin called for.\u003c/p>\n\u003cp>Oakland's report to the federal court is due on Sept. 15, and all parties in the long-running case are scheduled for a hearing before Judge William H. Orrick on Oct. 2.\u003c/p>\n\u003cp>Judge Thelton Henderson, who has presided over the case since its beginning, is retiring in August.\u003c/p>\n\u003cp>\"Defendants [Oakland officials] continue to say many of the right things,\" Henderson wrote in what is likely his last order in the case. \"However, as Plaintiffs' counsel correctly observed, and as the Court itself indicated, good intentions are not enough. Now, more than ever, is the time for action and not just words. The Court would ordinarily reiterate that it remains fully prepared to use its powers to the extent necessary to ensure that Defendants finally achieve sustainable compliance, but the court must instead leave this case to another judge.\"\u003cbr>\n\u003ca name=\"order\">\u003c/a>\u003cbr>\nRead the full order below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3894094-170712-Order-Requiring-Oakland-Report-Re-Court\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge has ordered Oakland officials to detail how they plan to fix procedural issues in the Police Department identified last month in a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">court-ordered report\u003c/a> that found OPD's investigation into a widespread officer sexual exploitation case \"wholly inadequate.\"\u003c/p>\n\u003cp>The \u003ca href=\"#order\">Wednesday evening order\u003c/a> requires the city to report on progress in implementing forward-looking policy recommendations in the June 21 \u003ca href=\"https://www.documentcloud.org/documents/3870953-Court-Appointed-Investigators-Report-on-City-of.html#document/p1\" target=\"_blank\" rel=\"noopener noreferrer\">investigation\u003c/a> by attorneys Edward Swanson and Audrey Barron, as well as any progress on additional reforms the Police Department undertakes on its own.\u003c/p>\n\u003cp>The court also ordered the city to present a timeline for when changes will be complete, \"as well as a list of responsible persons who may, if warranted, be subject to contempt proceedings or other sanctions for any missed deadlines.\"\u003c/p>\n\u003cp>But the order is vague about whether the city will be required to identify supervising officers who downplayed, ignored and tried to keep hidden officers’ alleged sexual abuse of a teenager and apparent survivor of child sex trafficking brought to light last summer, according to an attorney involved in the federal court oversight of the Police Department. The case led to the \u003ca href=\"https://ww2.kqed.org/news/2016/06/10/sean-whent-out-as-oakland-police-chief-reports-say/\" target=\"_blank\" rel=\"noopener noreferrer\">forced resignation of former Oakland Police Chief Sean Whent\u003c/a> and a \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\" rel=\"noopener noreferrer\">quick succession of two interim chiefs\u003c/a> last June.\u003c/p>\n\u003cp>At least three high-ranking OPD officers supervised aspects of the department's initial response to the case, according to \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">reporting by the East Bay Express\u003c/a>, and were since promoted, put in for promotion or reassigned to another supervisory position by Oakland's new police chief, Anne Kirkpatrick.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Civil rights attorney Jim Chanin represents one side of the \"Riders\" case that initiated federal court oversight of the OPD 14 years ago. He said Thursday that if the city does not investigate potential misconduct of supervising officers, he'll never agree to end that oversight.\u003c/p>\n\u003cp>\"Considering they’re the highest-ranking people in the department more likely than not, if those people are allowed to get away with whatever misconduct they may have done, then the message to the other officers is they can get away with it, too, and all the reforms we’ve done on discipline will unravel,\" Chanin said. \"If they allow the highest-ranking people to escape any culpability and don’t even identify them, then they haven’t done the reforms that we hoped they would do.\"\u003c/p>\n\u003cp>That's significant because, prior to the surfacing of the sexual exploitation case in March 2016, Chanin says the Police Department had made significant progress, and he was close to agreeing to end the nearly decade and a half of federal court oversight.\u003c/p>\n\u003cp>\"I think they’ve made incredible progress in some areas, uses of force are way down, pursuits are way down, complaints are down, and they were on the verge of complying,\" he said. \"However, if they do not identify the people who are most responsible for some of the misconduct and performance of duty violations in this particular period of time, I can no longer see any time when I’d be willing to stand up with them and say they’ve complied.\"\u003c/p>\n\u003cp>Kirkpatrick said after a \u003ca href=\"https://ww2.kqed.org/news/2017/07/10/court-hears-arguments-on-police-sexual-exploitation-case-reform-efforts-in-oakland/\" target=\"_blank\" rel=\"noopener noreferrer\">hearing on the case Monday\u003c/a> that her promotions of John Lois to assistant chief, Roland Holmgren to captain and Capt. Kirk Coleman to head of internal affairs were approved by the court-appointed federal monitor, who will also oversee the city's reporting on how it will address problems exposed by the sexual exploitation case, according to Wednesday's order. She said she was prevented by \"employment law\" from examining whether any of her command staff were responsible for botching the department's initial response.\u003c/p>\n\u003cp>Not quite, said Chanin.\u003c/p>\n\u003cp>A one-year statute of limitations for police misconduct may prevent the chief from pursuing discipline, Chanin said, \"but nothing whatsoever prevents her from identifying those who did this. Nothing in employment law, nothing at all except the politics of the Police Department. And if she fails to do this, it’s her own weakness.\"\u003c/p>\n\u003cp>An Oakland Police Department spokeswoman wrote that the Swanson-Barron report, the city's written response and the court's most recent order \"define and lay a clear direction of tasks to be accomplished within prescribed timelines,\" in response to inquiries about whether the department planned to investigate the conduct of supervising officers. None of those documents appear to require the further investigation Chanin called for.\u003c/p>\n\u003cp>Oakland's report to the federal court is due on Sept. 15, and all parties in the long-running case are scheduled for a hearing before Judge William H. Orrick on Oct. 2.\u003c/p>\n\u003cp>Judge Thelton Henderson, who has presided over the case since its beginning, is retiring in August.\u003c/p>\n\u003cp>\"Defendants [Oakland officials] continue to say many of the right things,\" Henderson wrote in what is likely his last order in the case. \"However, as Plaintiffs' counsel correctly observed, and as the Court itself indicated, good intentions are not enough. Now, more than ever, is the time for action and not just words. The Court would ordinarily reiterate that it remains fully prepared to use its powers to the extent necessary to ensure that Defendants finally achieve sustainable compliance, but the court must instead leave this case to another judge.\"\u003cbr>\n\u003ca name=\"order\">\u003c/a>\u003cbr>\nRead the full order below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Court Hears Arguments on Police Sexual Exploitation Case, Reform Efforts in Oakland",
"title": "Court Hears Arguments on Police Sexual Exploitation Case, Reform Efforts in Oakland",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Attorneys representing Oakland squared off Monday against those representing plaintiffs in a long-running police-abuse lawsuit that initiated federal court oversight of the city's Police Department more than 14 years ago.\u003c/p>\n\u003cp>At issue: What the ignored, downplayed and otherwise botched investigation into \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener noreferrer\">alleged sexual abuse\u003c/a> of a teenager by several OPD officers last year says about the city and Police Department's commitment to reform.\u003c/p>\n\u003cp>Judge Thelton Henderson said it's \"crystal clear\" that the alleged sexual misconduct of Oakland officers would never had been addressed if the court had not intervened.\u003c/p>\n\u003cp>\"That's extremely troubling,\" Henderson said, \"and it shows that we're still not finished with this case after 14 years -- 14 years of reforming a department that the Negotiated Settlement Agreement contemplated would be fixed in five years.\"\u003c/p>\n\u003cp>Monday's hearing followed a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">damning June 20 report\u003c/a> on the sexual exploitation case by court-appointed attorneys that found \"OPD's initial investigation of this case -- both as a criminal matter and as an internal affairs matter -- was seriously deficient.\" \u003ca href=\"https://www.documentcloud.org/documents/3870953-Court-Appointed-Investigators-Report-on-City-of.html\" target=\"_blank\" rel=\"noopener noreferrer\">The report\u003c/a> found structural issues with the department's investigation processes, as well as pressure from department leadership to close the investigation and poor follow-up from city officials.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The case involves a teenager, now 19, who allegedly had sexual relationships with several OPD officers and approximately two dozen law enforcement officers from other Bay Area jurisdictions, some while she was 17 years old.\u003c/p>\n\u003cp>A note left by an OPD officer who committed suicide in September 2015 reportedly alerted the department to the teenager, Jasmine Abuslin, and her relationships with several officers. The case eventually led to \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">criminal charges\u003c/a> for four OPD officers, ranging from failure to report child abuse to engaging in prostitution and obstruction of justice. The city initiated \u003ca href=\"https://ww2.kqed.org/news/2016/09/07/oakland-seeks-to-fire-4-police-officers-discipline-7-in-sexual-exploitation-scandal/\" target=\"_blank\" rel=\"noopener noreferrer\">discipline\u003c/a> against a dozen officers. But that was only after federal officials learned \"almost by accident\" about the case, according to the June 20 report.\u003c/p>\n\u003cfigure id=\"attachment_11560467\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11560467\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/RS25958_alt_593-800x618.jpg\" alt=\"From left, Oakland Police Department spokeswoman Officer Johnna Watson, City Administrator Sabrina Landreth, Police Chief Anne Kirkpatrick and Mayor Libby Schaaf gather outside federal court in San Francisco on July 10, 2017.\" width=\"800\" height=\"618\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-800x618.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-160x124.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-1020x787.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-1180x911.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-960x741.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-240x185.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-375x289.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-520x401.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">From left, Oakland Police Department spokeswoman Officer Johnna Watson, City Administrator Sabrina Landreth, Police Chief Anne Kirkpatrick and Mayor Libby Schaaf gather outside federal court in San Francisco on July 10, 2017. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"Had OPD conducted a rigorous investigation on its own, the Department could have demonstrated its ability to police itself without the Court's supervision,\" the report says. \"Instead, OPD damaged its reputation by failing to timely report the allegations to the appropriate authorities, by doing such a poor job of investigating the allegations, and by requiring Court intervention to correct course.\"\u003c/p>\n\u003cp>The report prompted the pair of civil rights attorneys involved in oversight of the OPD since they filed a police-abuse lawsuit in 2000 to \u003ca href=\"https://ww2.kqed.org/news/2017/07/06/oakland-police-sexual-exploitation-case-at-center-of-looming-legal-showdown/\" target=\"_blank\" rel=\"noopener noreferrer\">argue for stronger court intervention\u003c/a>. Specifically, the attorneys are calling for an investigation of officers who supervised the Police Department's initial response to allegations about Abuslin.\u003c/p>\n\u003cp>\"These include people at the very highest levels of the OPD,\" civil rights attorney Jim Chanin said after the hearing on Monday. \"The city needs to identify them and hold them accountable. If they don’t do that ... the lesson they will learn from this is that you can get away with this.\"\u003c/p>\n\u003cp>The \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">East Bay Express reported\u003c/a> that at least three command-level OPD officers that supervised the initial sexual exploitation investigation have since been promoted.\u003c/p>\n\u003cp>Newly appointed Police Chief Anne Kirkpatrick said on June 21, in response to the report, that she did not know who in her command staff was involved in the investigation.\u003c/p>\n\u003cp>She said in court that she has since learned that information.\u003c/p>\n\u003cp>\"I know what all the events were, according to the report,\" Kirkpatrick said in court. \"I know all of the failings and when they occurred.\"\u003c/p>\n\u003cp>She said after the hearing on Monday that employment law prevented her from vetting her command staff's decisions sooner.\u003c/p>\n\u003cp>\"Employment law is a law and is governed by laws,\" she said. \"So, no, that was not available to me.\"\u003c/p>\n\u003cp>Kirkpatrick did not elaborate. But Oakland city attorneys argued in court that those Police Department supervisors should be part of fixing the problem.\u003c/p>\n\u003cp>\"The city and the department see this review as an opportunity for those who were involved in the investigations to self-identify areas of improvement,\" Oakland City Attorney and Police Department legal counsel Kim Bliss said in court.\u003c/p>\n\u003cp>\"We disagree with that,\" civil rights attorney John Burris said. \"I'm concerned that you shouldn’t have people involved who really diverted the investigation, who short-stopped the investigation. I think that’s a bad signal for everyone.\"\u003c/p>\n\u003cp>The details of any further federal oversight that would ultimately grow from the sexual exploitation case are in the hands of Judge Thelton Henderson, who is set to retire next month after 36 years on the bench and 14 years presiding over reform of the Oakland Police Department.\u003c/p>\n\u003cp>He's expected to issue his last order on the matter in the coming days, and in August Judge William Orrick will take over.\u003c/p>\n\u003cp>\"I find myself inspired to continue to be optimistic,\" Henderson said. \"The progress has been neither quick nor easy, but it has been made. We have not been without our setbacks, including this most recent one, but I hope that the defendants are now back on the path for full and sustainable compliance.\"\u003c/p>\n\u003cp>But all the parties acknowledge they've heard promises and optimism about OPD's progress before.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Burris, quoting Yogi Berra, said it feels like \"deja vu all over again.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Attorneys representing Oakland squared off Monday against those representing plaintiffs in a long-running police-abuse lawsuit that initiated federal court oversight of the city's Police Department more than 14 years ago.\u003c/p>\n\u003cp>At issue: What the ignored, downplayed and otherwise botched investigation into \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener noreferrer\">alleged sexual abuse\u003c/a> of a teenager by several OPD officers last year says about the city and Police Department's commitment to reform.\u003c/p>\n\u003cp>Judge Thelton Henderson said it's \"crystal clear\" that the alleged sexual misconduct of Oakland officers would never had been addressed if the court had not intervened.\u003c/p>\n\u003cp>\"That's extremely troubling,\" Henderson said, \"and it shows that we're still not finished with this case after 14 years -- 14 years of reforming a department that the Negotiated Settlement Agreement contemplated would be fixed in five years.\"\u003c/p>\n\u003cp>Monday's hearing followed a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">damning June 20 report\u003c/a> on the sexual exploitation case by court-appointed attorneys that found \"OPD's initial investigation of this case -- both as a criminal matter and as an internal affairs matter -- was seriously deficient.\" \u003ca href=\"https://www.documentcloud.org/documents/3870953-Court-Appointed-Investigators-Report-on-City-of.html\" target=\"_blank\" rel=\"noopener noreferrer\">The report\u003c/a> found structural issues with the department's investigation processes, as well as pressure from department leadership to close the investigation and poor follow-up from city officials.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The case involves a teenager, now 19, who allegedly had sexual relationships with several OPD officers and approximately two dozen law enforcement officers from other Bay Area jurisdictions, some while she was 17 years old.\u003c/p>\n\u003cp>A note left by an OPD officer who committed suicide in September 2015 reportedly alerted the department to the teenager, Jasmine Abuslin, and her relationships with several officers. The case eventually led to \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">criminal charges\u003c/a> for four OPD officers, ranging from failure to report child abuse to engaging in prostitution and obstruction of justice. The city initiated \u003ca href=\"https://ww2.kqed.org/news/2016/09/07/oakland-seeks-to-fire-4-police-officers-discipline-7-in-sexual-exploitation-scandal/\" target=\"_blank\" rel=\"noopener noreferrer\">discipline\u003c/a> against a dozen officers. But that was only after federal officials learned \"almost by accident\" about the case, according to the June 20 report.\u003c/p>\n\u003cfigure id=\"attachment_11560467\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11560467\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/RS25958_alt_593-800x618.jpg\" alt=\"From left, Oakland Police Department spokeswoman Officer Johnna Watson, City Administrator Sabrina Landreth, Police Chief Anne Kirkpatrick and Mayor Libby Schaaf gather outside federal court in San Francisco on July 10, 2017.\" width=\"800\" height=\"618\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-800x618.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-160x124.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-1020x787.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-1180x911.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-960x741.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-240x185.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-375x289.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS25958_alt_593-520x401.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">From left, Oakland Police Department spokeswoman Officer Johnna Watson, City Administrator Sabrina Landreth, Police Chief Anne Kirkpatrick and Mayor Libby Schaaf gather outside federal court in San Francisco on July 10, 2017. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"Had OPD conducted a rigorous investigation on its own, the Department could have demonstrated its ability to police itself without the Court's supervision,\" the report says. \"Instead, OPD damaged its reputation by failing to timely report the allegations to the appropriate authorities, by doing such a poor job of investigating the allegations, and by requiring Court intervention to correct course.\"\u003c/p>\n\u003cp>The report prompted the pair of civil rights attorneys involved in oversight of the OPD since they filed a police-abuse lawsuit in 2000 to \u003ca href=\"https://ww2.kqed.org/news/2017/07/06/oakland-police-sexual-exploitation-case-at-center-of-looming-legal-showdown/\" target=\"_blank\" rel=\"noopener noreferrer\">argue for stronger court intervention\u003c/a>. Specifically, the attorneys are calling for an investigation of officers who supervised the Police Department's initial response to allegations about Abuslin.\u003c/p>\n\u003cp>\"These include people at the very highest levels of the OPD,\" civil rights attorney Jim Chanin said after the hearing on Monday. \"The city needs to identify them and hold them accountable. If they don’t do that ... the lesson they will learn from this is that you can get away with this.\"\u003c/p>\n\u003cp>The \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">East Bay Express reported\u003c/a> that at least three command-level OPD officers that supervised the initial sexual exploitation investigation have since been promoted.\u003c/p>\n\u003cp>Newly appointed Police Chief Anne Kirkpatrick said on June 21, in response to the report, that she did not know who in her command staff was involved in the investigation.\u003c/p>\n\u003cp>She said in court that she has since learned that information.\u003c/p>\n\u003cp>\"I know what all the events were, according to the report,\" Kirkpatrick said in court. \"I know all of the failings and when they occurred.\"\u003c/p>\n\u003cp>She said after the hearing on Monday that employment law prevented her from vetting her command staff's decisions sooner.\u003c/p>\n\u003cp>\"Employment law is a law and is governed by laws,\" she said. \"So, no, that was not available to me.\"\u003c/p>\n\u003cp>Kirkpatrick did not elaborate. But Oakland city attorneys argued in court that those Police Department supervisors should be part of fixing the problem.\u003c/p>\n\u003cp>\"The city and the department see this review as an opportunity for those who were involved in the investigations to self-identify areas of improvement,\" Oakland City Attorney and Police Department legal counsel Kim Bliss said in court.\u003c/p>\n\u003cp>\"We disagree with that,\" civil rights attorney John Burris said. \"I'm concerned that you shouldn’t have people involved who really diverted the investigation, who short-stopped the investigation. I think that’s a bad signal for everyone.\"\u003c/p>\n\u003cp>The details of any further federal oversight that would ultimately grow from the sexual exploitation case are in the hands of Judge Thelton Henderson, who is set to retire next month after 36 years on the bench and 14 years presiding over reform of the Oakland Police Department.\u003c/p>\n\u003cp>He's expected to issue his last order on the matter in the coming days, and in August Judge William Orrick will take over.\u003c/p>\n\u003cp>\"I find myself inspired to continue to be optimistic,\" Henderson said. \"The progress has been neither quick nor easy, but it has been made. We have not been without our setbacks, including this most recent one, but I hope that the defendants are now back on the path for full and sustainable compliance.\"\u003c/p>\n\u003cp>But all the parties acknowledge they've heard promises and optimism about OPD's progress before.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Burris, quoting Yogi Berra, said it feels like \"deja vu all over again.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Oakland Police Sexual Exploitation Case at Center of Looming Legal Showdown",
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"content": "\u003cp>Lawyers involved in federal court oversight of the Oakland Police Department are calling for a detailed accounting of failures and disciplinary action taken against officers and supervisors tasked with investigating a \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener noreferrer\">police sexual exploitation\u003c/a> case that has rocked the department for over a year.\u003c/p>\n\u003cp>If the city fails to comply with that and other reforms in a long-standing negotiated settlement agreement, the court should consider holding officials in contempt, civil rights attorneys John Burris and Jim Chanin wrote in a \u003ca href=\"#filing\">joint filing\u003c/a> that stakes out opposing stances on the status of court-ordered reforms and Oakland's ability to maintain them if the now 14 years of court oversight were to ever end.\u003c/p>\n\u003cp>\"The contempt process has the advantage of punishing the actual party causing the problem, rather than punishing others who are associated with him/them through no fault of their own,\" the attorneys' statement says. \"It is time that officials of the City of Oakland took responsibility for the completion of the Negotiated Settlement Agreement and are held accountable for their failure to comply with an agreement that should have been resolved years ago.\"\u003cbr>\n[contextly_sidebar id=\"5EqKyhMYRU826cmCmtaeVUlQZNpDl2yx\"]\u003cbr>\nThe statements from the attorneys and the city filed Wednesday evening are in response to a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">highly critical report\u003c/a> last month by court-appointed investigators Edward Swanson and Audrey Barron. That probe found that the Police Department's response to allegations that several officers had exploited a teenager and likely victim of sex trafficking was “wholly inadequate” and “defective.”\u003c/p>\n\u003cp>The court-appointed federal monitor learned of the department's cursory investigation months after it was closed. It then oversaw a new probe under a court order issued in March of last year.\u003c/p>\n\u003cp>Eventually, 12 current and former OPD officers were disciplined. Alameda County prosecutors filed \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">criminal charges\u003c/a> against four OPD officers, along with a Livermore police officer and a Contra Costa County sheriff's deputy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But it's unclear whether the conduct of officers involved with the initial investigation -- or that of their supervisors -- has ever been examined.\u003c/p>\n\u003cp>Burris and Chanin cite an early interview with the teenager at the center of the case, who was allegedly prompted, and then allowed, to destroy evidence on her phone in front of investigators.\u003c/p>\n\u003cp>\"There is no evidence that any of the officers engaging in this behavior, or any of the supervisors who observed it and apparently failed to report it, stop it, or discipline their subordinates, were ever investigated, and if appropriate, disciplined by the Oakland Police Department,\" wrote the two attorneys who represent plaintiffs in the 2003 settlement of a major police misconduct lawsuit that required federal oversight of reforms.\u003c/p>\n\u003cp>In its filing, the city said \"in the spirit of self-examination, resilience and continued transformation,\" it accepted the \"Swanson report\" and each of its recommendations.\u003c/p>\n\u003cp>Oakland Police Chief Anne Kirkpatrick said on June 21, responding to the report, that she did not know who in her command staff was involved in the investigation.\u003c/p>\n\u003cp>“I don’t even know who those people were in those roles and places,” said Kirkpatrick, who took her post four months ago. “My entire command staff that I have in place today, from my personal assessment, I have confidence in.”\u003c/p>\n\u003cp>The East Bay Express \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">reported last week\u003c/a> that now-Assistant Chief John Lois was in charge of OPD's Bureau of Investigations, and was since promoted by Kirkpatrick. Capt. Kirk Coleman, who was in charge of criminal investigations, now heads the Internal Affairs Division. Kirkpatrick also promoted Roland Holmgren -- formerly a lieutenant overseeing homicide investigations -- to the rank of captain. All were in supervisory roles in the Police Department's initial investigation.\u003c/p>\n\u003cp>Oakland city officials say they remain confident in Kirkpatrick's leadership.\u003c/p>\n\u003cp>\"In her short tenure with the City, the Chief of Police has demonstrated a diligent commitment to holding the Department and her officers accountable for their shortcomings. She is in the process of carefully reviewing Mr. Swanson's report to identify specific performance breaches at the individual officer level and engage in corrective, remedial action.\"\u003cstrong>\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>The city's statement calls the alleged sexual misconduct \"reprehensible\" and \"extremely troubling,\" but highlights changes to the department's recruitment, training and internal investigation procedures.\u003c/p>\n\u003cp>Those include revamping oversight of officers' responsibility to report criminal conduct to prosecutors and placing OPD's Special Victims Unit in charge of officer sexual misconduct cases.\u003c/p>\n\u003cp>Swanson and Barron also advise other changes to internal investigations that would increase supervision and external oversight.\u003c/p>\n\u003cp>But Chanin and Burris, the plaintiffs' attorneys, want to go further. They are asking for a court order compelling the city to list every potential act of misconduct identified in the \"Swanson report\" and explain steps taken to investigate or discipline offending officers and supervisors.\u003c/p>\n\u003cp>The court specifically ordered both parties to report on the implementation of a comprehensive, computerized system for tracking officer conduct, called PRIME, which went live in May.\u003c/p>\n\u003cp>Oakland city officials acknowledge problems with the system.\u003c/p>\n\u003cp>\"Admittedly, there have been significant implementation and performance issues with PRIME 1.0, including numerous technological 'bugs,' \" the city's statement says. \"The city believes these setbacks are temporary. They are fixable; they will be fixed.\"\u003c/p>\n\u003cp>The city also lays out plans for an updated version of the system, PRIME 2.0, which would integrate body-worn camera footage and racial-stop data analytics.\u003c/p>\n\u003cp>Oakland and plaintiffs' attorneys are scheduled to present their arguments at a status hearing on Monday before two federal judges. Judge Thelton Henderson, who is still overseeing the case, is planning to retire, and Judge William Orrick is set to take over in August. The hearing is scheduled for 2:30 p.m. in San Francisco.\u003cbr>\n\u003ca name=\"filing\">\u003c/a>\u003cbr>\nRead the parties' joint status conference statement below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3888229-Allen-Joint-Status-Conference-Statement-170705\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawyers involved in federal court oversight of the Oakland Police Department are calling for a detailed accounting of failures and disciplinary action taken against officers and supervisors tasked with investigating a \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener noreferrer\">police sexual exploitation\u003c/a> case that has rocked the department for over a year.\u003c/p>\n\u003cp>If the city fails to comply with that and other reforms in a long-standing negotiated settlement agreement, the court should consider holding officials in contempt, civil rights attorneys John Burris and Jim Chanin wrote in a \u003ca href=\"#filing\">joint filing\u003c/a> that stakes out opposing stances on the status of court-ordered reforms and Oakland's ability to maintain them if the now 14 years of court oversight were to ever end.\u003c/p>\n\u003cp>\"The contempt process has the advantage of punishing the actual party causing the problem, rather than punishing others who are associated with him/them through no fault of their own,\" the attorneys' statement says. \"It is time that officials of the City of Oakland took responsibility for the completion of the Negotiated Settlement Agreement and are held accountable for their failure to comply with an agreement that should have been resolved years ago.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe statements from the attorneys and the city filed Wednesday evening are in response to a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">highly critical report\u003c/a> last month by court-appointed investigators Edward Swanson and Audrey Barron. That probe found that the Police Department's response to allegations that several officers had exploited a teenager and likely victim of sex trafficking was “wholly inadequate” and “defective.”\u003c/p>\n\u003cp>The court-appointed federal monitor learned of the department's cursory investigation months after it was closed. It then oversaw a new probe under a court order issued in March of last year.\u003c/p>\n\u003cp>Eventually, 12 current and former OPD officers were disciplined. Alameda County prosecutors filed \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">criminal charges\u003c/a> against four OPD officers, along with a Livermore police officer and a Contra Costa County sheriff's deputy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But it's unclear whether the conduct of officers involved with the initial investigation -- or that of their supervisors -- has ever been examined.\u003c/p>\n\u003cp>Burris and Chanin cite an early interview with the teenager at the center of the case, who was allegedly prompted, and then allowed, to destroy evidence on her phone in front of investigators.\u003c/p>\n\u003cp>\"There is no evidence that any of the officers engaging in this behavior, or any of the supervisors who observed it and apparently failed to report it, stop it, or discipline their subordinates, were ever investigated, and if appropriate, disciplined by the Oakland Police Department,\" wrote the two attorneys who represent plaintiffs in the 2003 settlement of a major police misconduct lawsuit that required federal oversight of reforms.\u003c/p>\n\u003cp>In its filing, the city said \"in the spirit of self-examination, resilience and continued transformation,\" it accepted the \"Swanson report\" and each of its recommendations.\u003c/p>\n\u003cp>Oakland Police Chief Anne Kirkpatrick said on June 21, responding to the report, that she did not know who in her command staff was involved in the investigation.\u003c/p>\n\u003cp>“I don’t even know who those people were in those roles and places,” said Kirkpatrick, who took her post four months ago. “My entire command staff that I have in place today, from my personal assessment, I have confidence in.”\u003c/p>\n\u003cp>The East Bay Express \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">reported last week\u003c/a> that now-Assistant Chief John Lois was in charge of OPD's Bureau of Investigations, and was since promoted by Kirkpatrick. Capt. Kirk Coleman, who was in charge of criminal investigations, now heads the Internal Affairs Division. Kirkpatrick also promoted Roland Holmgren -- formerly a lieutenant overseeing homicide investigations -- to the rank of captain. All were in supervisory roles in the Police Department's initial investigation.\u003c/p>\n\u003cp>Oakland city officials say they remain confident in Kirkpatrick's leadership.\u003c/p>\n\u003cp>\"In her short tenure with the City, the Chief of Police has demonstrated a diligent commitment to holding the Department and her officers accountable for their shortcomings. She is in the process of carefully reviewing Mr. Swanson's report to identify specific performance breaches at the individual officer level and engage in corrective, remedial action.\"\u003cstrong>\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>The city's statement calls the alleged sexual misconduct \"reprehensible\" and \"extremely troubling,\" but highlights changes to the department's recruitment, training and internal investigation procedures.\u003c/p>\n\u003cp>Those include revamping oversight of officers' responsibility to report criminal conduct to prosecutors and placing OPD's Special Victims Unit in charge of officer sexual misconduct cases.\u003c/p>\n\u003cp>Swanson and Barron also advise other changes to internal investigations that would increase supervision and external oversight.\u003c/p>\n\u003cp>But Chanin and Burris, the plaintiffs' attorneys, want to go further. They are asking for a court order compelling the city to list every potential act of misconduct identified in the \"Swanson report\" and explain steps taken to investigate or discipline offending officers and supervisors.\u003c/p>\n\u003cp>The court specifically ordered both parties to report on the implementation of a comprehensive, computerized system for tracking officer conduct, called PRIME, which went live in May.\u003c/p>\n\u003cp>Oakland city officials acknowledge problems with the system.\u003c/p>\n\u003cp>\"Admittedly, there have been significant implementation and performance issues with PRIME 1.0, including numerous technological 'bugs,' \" the city's statement says. \"The city believes these setbacks are temporary. They are fixable; they will be fixed.\"\u003c/p>\n\u003cp>The city also lays out plans for an updated version of the system, PRIME 2.0, which would integrate body-worn camera footage and racial-stop data analytics.\u003c/p>\n\u003cp>Oakland and plaintiffs' attorneys are scheduled to present their arguments at a status hearing on Monday before two federal judges. Judge Thelton Henderson, who is still overseeing the case, is planning to retire, and Judge William Orrick is set to take over in August. The hearing is scheduled for 2:30 p.m. in San Francisco.\u003cbr>\n\u003ca name=\"filing\">\u003c/a>\u003cbr>\nRead the parties' joint status conference statement below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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