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"title": "District Attorney Releases Video of Banko Brown Shooting at Walgreens, Won't File Charges Against Security Guard",
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"content": "\u003cp>\u003cem>Updated 6:45 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney Brooke Jenkins will not charge the security guard who shot and killed Banko Brown, \u003ca href=\"https://www.kqed.org/arts/13928870/banko-browns-black-trans-life-mattered\">a 24-year-old Black transgender man\u003c/a>, last month at a Market Street Walgreens.\u003c/p>\n\u003cp>Jenkins announced her decision Monday and \u003ca href=\"https://sfdistrictattorney.org/criminal-case-investigation/brown-declination-investigation/\">released a slew of evidence in the case\u003c/a>, including security camera footage, bystander video and a 25-page report.\u003c/p>\n\u003cp>The six-minute Walgreens security camera video shows Brown and the guard, Michael Earl-Wayne Anthony, scuffling after Brown attempted to walk out of the Walgreens. Anthony pushes Brown to the floor and is seen lying on top of Brown and holding him from behind as they get up, and then fall back to the floor.\u003c/p>\n\u003cp>Eventually, the video shows Anthony letting Brown stand up. Brown grabs his bag and turns to leave. As Brown is on the threshold of the doorway, he turns around and gestures back toward Anthony. Brown is moving backward when he’s shot by Anthony.\u003c/p>\n\u003cp>\u003cem>Warning: This video shows the fatal shooting of Banko Brown.\u003c/em>\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=5troflVX_GQ\u003c/p>\n\u003cp>The entire encounter is over in less than a minute, the video shows. Anthony fired once.\u003c/p>\n\u003cdiv>\n\u003cp>\u003cspan style=\"font-weight: 400\">John Burris, the civil rights attorney who is representing Brown’s family, said the footage revealed “an outrageous, unconscionable act of violence on the part of the security officer.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The facts from the video do not support the use of deadly force,” Burris, who said the family intends to file a wrongful death lawsuit against Walgreens and Kingdom Group Protective Services, told KQED.\u003c/span>\u003c/p>\n\u003cp>Jenkins said her decision not to file charges was based largely on Anthony’s statement to police in which he said he believed his life was in danger.\u003c/p>\n\u003c/div>\n\u003cp>“Based on the criminal investigation, review of evidence, and evaluation of the case, we have determined that there is insufficient evidence to support the filing of criminal charges against Anthony,” the DA’s report concluded.\u003c/p>\n\u003cp>Jenkins, who first declined to file charges against Anthony on May 1 and \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">released the video after public pressure mounted\u003c/a>, wrote in the report that when Anthony attempted to stop Brown from leaving the Walgreens with stolen items, Brown “became physically combative, escalating the theft to a robbery.”\u003c/p>\n\u003cp>[aside postID=news_11949158 hero=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS65169_005_KQED_WalgreensBankoBrown_05092023-qut-1020x680.jpg\"]\u003c/p>\n\u003cp>“During the struggle, Anthony reports that Brown repeatedly threatened to stab him,” the report stated.\u003c/p>\n\u003cp>Police did not recover a knife from Brown’s bag or the scene.\u003c/p>\n\u003cp>At a press conference Monday afternoon, Jenkins, who expressed sadness at Brown’s death, acknowledged that some may view the security camera footage of the shooting and question why Anthony is not being charged.\u003c/p>\n\u003cp>“I would ask that members of the public and the press ensure that they view all of the evidence in this case and not simply the video … a video that has no sound, no audio to it. It is difficult to have context to what is going on,” she said. “And that is why we must listen to the security guard statement, the witness statements and everything else in order to look at the full picture of the incident.”\u003c/p>\n\u003cp>After looking at all the evidence, Jenkins said, she didn’t believe that she could prove a case against Anthony beyond a reasonable doubt.\u003c/p>\n\u003cp>“There is nothing to rebut his statements regarding the fact that he acted in self-defense,” she said, adding that no one refuted Anthony’s statement that Brown threatened to stab him. “And so again, you’re looking at the credibility of Mr. Anthony, the security guard, and whether we can disprove anything that he said. And at that point in time, at this point in time, we cannot disprove that he heard those statements.”\u003c/p>\n\u003cp>Jenkins received pressure to release details of the shooting \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">even from political allies\u003c/a>. At the press conference, she defended her handling of the case and lashed out at critics. She said the decision to release her report and all the accompanying evidence wasn’t just about responding to overwhelming public interest.\u003c/p>\n\u003cp>“But also what I believed were intentional statements that were designed to sow mistrust not only in myself as the district attorney, sow mistrust in my office, but also in the criminal justice system,” said Jenkins, who was appointed as the city’s top prosecutor after helping support the recall of her predecessor last year.\u003c/p>\n\u003cp>The release of the evidence seems unlikely to quell criticism of Jenkins’ handling of the situation, however. San Francisco Supervisor Shamann Walton, in a written statement, called Brown’s killing an execution.\u003c/p>\n\u003cp>“The security guard had the upper hand the entire time and even told Banko that he was letting him go, as stated in the transcript released by the DA. Where is the perceived threat?” Walton said. “DA Jenkins’ decision to not charge gives every armed security guard in San Francisco a license to have an open season to shoot and kill Black and transgender people for alleged shoplifting.”\u003c/p>\n\u003cp>Supervisor Aaron Peskin plans to introduce legislation at Tuesday’s meeting to refer the case to the state attorney general and the U.S. Department of Justice for investigation.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Stealing a bag of candy does not warrant what is, in essence, the death penalty,” Peskin told KQED. “I understand people are afraid of crime, which in large part is being stoked by politicians and their political allies, but this is not a choice between justice and safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We can have both.”\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:45 p.m. Monday\u003c/em>\u003c/p>\n\u003cp>San Francisco District Attorney Brooke Jenkins will not charge the security guard who shot and killed Banko Brown, \u003ca href=\"https://www.kqed.org/arts/13928870/banko-browns-black-trans-life-mattered\">a 24-year-old Black transgender man\u003c/a>, last month at a Market Street Walgreens.\u003c/p>\n\u003cp>Jenkins announced her decision Monday and \u003ca href=\"https://sfdistrictattorney.org/criminal-case-investigation/brown-declination-investigation/\">released a slew of evidence in the case\u003c/a>, including security camera footage, bystander video and a 25-page report.\u003c/p>\n\u003cp>The six-minute Walgreens security camera video shows Brown and the guard, Michael Earl-Wayne Anthony, scuffling after Brown attempted to walk out of the Walgreens. Anthony pushes Brown to the floor and is seen lying on top of Brown and holding him from behind as they get up, and then fall back to the floor.\u003c/p>\n\u003cp>Eventually, the video shows Anthony letting Brown stand up. Brown grabs his bag and turns to leave. As Brown is on the threshold of the doorway, he turns around and gestures back toward Anthony. Brown is moving backward when he’s shot by Anthony.\u003c/p>\n\u003cp>\u003cem>Warning: This video shows the fatal shooting of Banko Brown.\u003c/em>\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/5troflVX_GQ'\n title='//www.youtube.com/embed/5troflVX_GQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The entire encounter is over in less than a minute, the video shows. Anthony fired once.\u003c/p>\n\u003cdiv>\n\u003cp>\u003cspan style=\"font-weight: 400\">John Burris, the civil rights attorney who is representing Brown’s family, said the footage revealed “an outrageous, unconscionable act of violence on the part of the security officer.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The facts from the video do not support the use of deadly force,” Burris, who said the family intends to file a wrongful death lawsuit against Walgreens and Kingdom Group Protective Services, told KQED.\u003c/span>\u003c/p>\n\u003cp>Jenkins said her decision not to file charges was based largely on Anthony’s statement to police in which he said he believed his life was in danger.\u003c/p>\n\u003c/div>\n\u003cp>“Based on the criminal investigation, review of evidence, and evaluation of the case, we have determined that there is insufficient evidence to support the filing of criminal charges against Anthony,” the DA’s report concluded.\u003c/p>\n\u003cp>Jenkins, who first declined to file charges against Anthony on May 1 and \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">released the video after public pressure mounted\u003c/a>, wrote in the report that when Anthony attempted to stop Brown from leaving the Walgreens with stolen items, Brown “became physically combative, escalating the theft to a robbery.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“During the struggle, Anthony reports that Brown repeatedly threatened to stab him,” the report stated.\u003c/p>\n\u003cp>Police did not recover a knife from Brown’s bag or the scene.\u003c/p>\n\u003cp>At a press conference Monday afternoon, Jenkins, who expressed sadness at Brown’s death, acknowledged that some may view the security camera footage of the shooting and question why Anthony is not being charged.\u003c/p>\n\u003cp>“I would ask that members of the public and the press ensure that they view all of the evidence in this case and not simply the video … a video that has no sound, no audio to it. It is difficult to have context to what is going on,” she said. “And that is why we must listen to the security guard statement, the witness statements and everything else in order to look at the full picture of the incident.”\u003c/p>\n\u003cp>After looking at all the evidence, Jenkins said, she didn’t believe that she could prove a case against Anthony beyond a reasonable doubt.\u003c/p>\n\u003cp>“There is nothing to rebut his statements regarding the fact that he acted in self-defense,” she said, adding that no one refuted Anthony’s statement that Brown threatened to stab him. “And so again, you’re looking at the credibility of Mr. Anthony, the security guard, and whether we can disprove anything that he said. And at that point in time, at this point in time, we cannot disprove that he heard those statements.”\u003c/p>\n\u003cp>Jenkins received pressure to release details of the shooting \u003ca href=\"https://www.kqed.org/news/11948964/san-francisco-supervisors-raise-pressure-on-da-to-release-video-of-banko-brown-killing\">even from political allies\u003c/a>. At the press conference, she defended her handling of the case and lashed out at critics. She said the decision to release her report and all the accompanying evidence wasn’t just about responding to overwhelming public interest.\u003c/p>\n\u003cp>“But also what I believed were intentional statements that were designed to sow mistrust not only in myself as the district attorney, sow mistrust in my office, but also in the criminal justice system,” said Jenkins, who was appointed as the city’s top prosecutor after helping support the recall of her predecessor last year.\u003c/p>\n\u003cp>The release of the evidence seems unlikely to quell criticism of Jenkins’ handling of the situation, however. San Francisco Supervisor Shamann Walton, in a written statement, called Brown’s killing an execution.\u003c/p>\n\u003cp>“The security guard had the upper hand the entire time and even told Banko that he was letting him go, as stated in the transcript released by the DA. Where is the perceived threat?” Walton said. “DA Jenkins’ decision to not charge gives every armed security guard in San Francisco a license to have an open season to shoot and kill Black and transgender people for alleged shoplifting.”\u003c/p>\n\u003cp>Supervisor Aaron Peskin plans to introduce legislation at Tuesday’s meeting to refer the case to the state attorney general and the U.S. Department of Justice for investigation.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Stealing a bag of candy does not warrant what is, in essence, the death penalty,” Peskin told KQED. “I understand people are afraid of crime, which in large part is being stoked by politicians and their political allies, but this is not a choice between justice and safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We can have both.”\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A judge on Wednesday delayed a motion from San Francisco’s district attorney to dismiss the historic prosecution of a city police officer charged with shooting and killing a carjacking suspect.\u003c/p>\n\u003cp>The one-week delay is intended to give California Attorney General Rob Bonta additional time to determine whether to pursue the case against the officer.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"keita-oneil\"]“My hope is that the attorney general will give this case fresh eyes,” said San Francisco County Superior Court Judge Loretta Giorgi at a hearing on Wednesday.\u003c/p>\n\u003cp>If Bonta does not pursue the case or request an extension by March 7, charges against Christopher Samayoa, a former San Francisco police officer, will officially be dismissed.\u003c/p>\n\u003cp>The delay comes in response to San Francisco District Attorney Brooke Jenkins’ move last month to dismiss charges against Samayoa, who killed Keita O’Neil during a police chase in December 2017, after O’Neil allegedly stole a California Lottery van.\u003c/p>\n\u003cp>Samayoa, who was in his fourth day of a field training program, is shown on body camera firing his weapon through the window of his patrol car and hitting O’Neil, a 42-year-old Black man, as he tried to escape on foot. Samayoa was subsequently fired.\u003c/p>\n\u003cp>Nearly three years after the incident, Chesa Boudin, Jenkins’ predecessor who was recalled from office last summer, charged Samayoa with multiple counts of manslaughter and assault, marking the first homicide prosecution in San Francisco history against a police officer for an on-duty killing.\u003c/p>\n\u003cp>In a Feb. 8 letter to Bonta, Jenkins argued that Boudin wrongly pursued manslaughter charges against Samayoa for “political reasons and not in the interest of justice.” She said her office had also “discovered an internal conflict in the case that impacts our ability to handle the matter,” referring to opposing statements from the attorney in Boudin’s office who initially handled the case and the DA investigator who signed the arrest warrant.\u003c/p>\n\u003cp>The judge announced her decision to delay the dismissal after hearing a heartfelt plea from O’Neil’s aunt, April Green, who told reporters she hopes to meet with Bonta during the stay order.\u003c/p>\n\u003cfigure id=\"attachment_11942244\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11942244 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"A middle-aged woman with light, freckled skin and short dark hair is seated in a wheelchair holding a microphone, next to a photo of a Black man with long black locs. The woman wears a beige leather jacket and a patterned matching blouse, with gold earrings and a necklace.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">April Green, aunt of Keita O’Neil, speaks at a rally for her nephew outside the Hall of Justice in San Francisco on March 1, 2023. \u003ccite>(Beth LaBerge/ KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“My family has been through so much. My sister suffers every day. She lost her child,” Green said, noting that O’Neil’s mother has dementia. “All we need is some time. My nephew’s case is still alive. It’s still breathing.”\u003c/p>\n\u003cp>Separate from the pending criminal case, the city of San Francisco in 2021 paid O’Neil’s family $2.5 million to settle a civil lawsuit.\u003c/p>\n\u003cp>Green’s attorney also sent Bonta a letter last month, asking his office to take over the case.\u003c/p>\n\u003cp>Both letters — from Jenkins and Green — cite Assembly Bill 1506, which puts all officer-involved shootings resulting in the death of an unarmed person within the purview of the state Department of Justice.\u003c/p>\n\u003cp>In a statement on Wednesday, Jenkins said she respects the court’s decision to give Bonta’s office more time to review the case, noting her staff had already transferred the entire file to them.\u003c/p>\n\u003cp>“We are not opposing that decision. We understand the complexity of this case … and welcome their independent review,” she said.\u003c/p>\n\u003cp>“A fair prosecution of this case from our office is not possible because the facts and laws do not support prosecution,” Jenkins added. “The prior administration’s desire to make history blinded them; they chose to press on for personal political gain. They went to extraordinary lengths to ‘find a path,’ where there was none.”\u003c/p>\n\u003cp>Outside the courthouse, dozens of community members gathered to protest the dismissal with signs and chants in support of O’Neil and his family.\u003c/p>\n\u003cp>“The idea that the district attorney’s office is going to effectively immunize every San Francisco police officer for anything they do up to and including murder is outrageous, and folks are right to be out here protesting in the street,” said San Francisco Supervisor Dean Preston, who joined protesters on Wednesday.\u003c/p>\n\u003cfigure id=\"attachment_11942282\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11942282 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"Protesters holding signs march on the street behind an 'SFPD' barricade. It is a sunny day and their shadows are long beside them.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrators march outside San Francisco’s Hall of Justice on March 1, 2023, protesting the district attorney’s effort to dismiss charges against the police officer who killed Keita O’Neil in 2017. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At his confirmation hearing in 2021, Bonta pledged to ramp up police accountability and chart a new path for reform, in a shift from his predecessor, Xavier Becerra, who largely avoided prosecuting police officers charged with shooting unarmed civilians.\u003c/p>\n\u003cp>“A Black man was murdered. And he’s caught up in a political football,” Green said at Wednesday’s rally outside the courthouse. “This is my nephew, but it’s also about the future of how our Black and Brown men interact with police.”\u003c/p>\n\u003cp>In a response letter sent this week to Green and Jenkins, Bonta pushed back on the district attorney’s conflict-of-interest assertion.\u003c/p>\n\u003cp>“That some personnel within the District Attorney’s office may have different opinions about the case does not give rise to a recusal conflict mandating the Attorney General assume responsibility for the prosecution,” Bonta said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“My hope is that the attorney general will give this case fresh eyes,” said San Francisco County Superior Court Judge Loretta Giorgi at a hearing on Wednesday.\u003c/p>\n\u003cp>If Bonta does not pursue the case or request an extension by March 7, charges against Christopher Samayoa, a former San Francisco police officer, will officially be dismissed.\u003c/p>\n\u003cp>The delay comes in response to San Francisco District Attorney Brooke Jenkins’ move last month to dismiss charges against Samayoa, who killed Keita O’Neil during a police chase in December 2017, after O’Neil allegedly stole a California Lottery van.\u003c/p>\n\u003cp>Samayoa, who was in his fourth day of a field training program, is shown on body camera firing his weapon through the window of his patrol car and hitting O’Neil, a 42-year-old Black man, as he tried to escape on foot. Samayoa was subsequently fired.\u003c/p>\n\u003cp>Nearly three years after the incident, Chesa Boudin, Jenkins’ predecessor who was recalled from office last summer, charged Samayoa with multiple counts of manslaughter and assault, marking the first homicide prosecution in San Francisco history against a police officer for an on-duty killing.\u003c/p>\n\u003cp>In a Feb. 8 letter to Bonta, Jenkins argued that Boudin wrongly pursued manslaughter charges against Samayoa for “political reasons and not in the interest of justice.” She said her office had also “discovered an internal conflict in the case that impacts our ability to handle the matter,” referring to opposing statements from the attorney in Boudin’s office who initially handled the case and the DA investigator who signed the arrest warrant.\u003c/p>\n\u003cp>The judge announced her decision to delay the dismissal after hearing a heartfelt plea from O’Neil’s aunt, April Green, who told reporters she hopes to meet with Bonta during the stay order.\u003c/p>\n\u003cfigure id=\"attachment_11942244\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11942244 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"A middle-aged woman with light, freckled skin and short dark hair is seated in a wheelchair holding a microphone, next to a photo of a Black man with long black locs. The woman wears a beige leather jacket and a patterned matching blouse, with gold earrings and a necklace.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/014_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">April Green, aunt of Keita O’Neil, speaks at a rally for her nephew outside the Hall of Justice in San Francisco on March 1, 2023. \u003ccite>(Beth LaBerge/ KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“My family has been through so much. My sister suffers every day. She lost her child,” Green said, noting that O’Neil’s mother has dementia. “All we need is some time. My nephew’s case is still alive. It’s still breathing.”\u003c/p>\n\u003cp>Separate from the pending criminal case, the city of San Francisco in 2021 paid O’Neil’s family $2.5 million to settle a civil lawsuit.\u003c/p>\n\u003cp>Green’s attorney also sent Bonta a letter last month, asking his office to take over the case.\u003c/p>\n\u003cp>Both letters — from Jenkins and Green — cite Assembly Bill 1506, which puts all officer-involved shootings resulting in the death of an unarmed person within the purview of the state Department of Justice.\u003c/p>\n\u003cp>In a statement on Wednesday, Jenkins said she respects the court’s decision to give Bonta’s office more time to review the case, noting her staff had already transferred the entire file to them.\u003c/p>\n\u003cp>“We are not opposing that decision. We understand the complexity of this case … and welcome their independent review,” she said.\u003c/p>\n\u003cp>“A fair prosecution of this case from our office is not possible because the facts and laws do not support prosecution,” Jenkins added. “The prior administration’s desire to make history blinded them; they chose to press on for personal political gain. They went to extraordinary lengths to ‘find a path,’ where there was none.”\u003c/p>\n\u003cp>Outside the courthouse, dozens of community members gathered to protest the dismissal with signs and chants in support of O’Neil and his family.\u003c/p>\n\u003cp>“The idea that the district attorney’s office is going to effectively immunize every San Francisco police officer for anything they do up to and including murder is outrageous, and folks are right to be out here protesting in the street,” said San Francisco Supervisor Dean Preston, who joined protesters on Wednesday.\u003c/p>\n\u003cfigure id=\"attachment_11942282\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11942282 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg\" alt=\"Protesters holding signs march on the street behind an 'SFPD' barricade. It is a sunny day and their shadows are long beside them.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/03/025_KQED_KeitaONeilRallySF_03012023-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrators march outside San Francisco’s Hall of Justice on March 1, 2023, protesting the district attorney’s effort to dismiss charges against the police officer who killed Keita O’Neil in 2017. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At his confirmation hearing in 2021, Bonta pledged to ramp up police accountability and chart a new path for reform, in a shift from his predecessor, Xavier Becerra, who largely avoided prosecuting police officers charged with shooting unarmed civilians.\u003c/p>\n\u003cp>“A Black man was murdered. And he’s caught up in a political football,” Green said at Wednesday’s rally outside the courthouse. “This is my nephew, but it’s also about the future of how our Black and Brown men interact with police.”\u003c/p>\n\u003cp>In a response letter sent this week to Green and Jenkins, Bonta pushed back on the district attorney’s conflict-of-interest assertion.\u003c/p>\n\u003cp>“That some personnel within the District Attorney’s office may have different opinions about the case does not give rise to a recusal conflict mandating the Attorney General assume responsibility for the prosecution,” Bonta said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>On Tuesday, nearly a week after San Francisco District Attorney Brooke Jenkins declared victory in her bid to remain in office, her main challenger, John Hamasaki, publicly conceded.\u003c/p>\n\u003cp>“Well, it’s been a hell of a ride, but time to call this one,” Hamasaki wrote in a tweet. “I am beyond honored to have been supported by such an incredible group of staff, supporters, and voters.”\u003c/p>\n\u003cp>https://twitter.com/HamasakiLaw/status/1592673424920711169\u003c/p>\n\u003cp>As of Tuesday evening, Jenkins had garnered \u003ca href=\"https://sfelections.sfgov.org/november-8-2022-election-results-summary\">just over 46.3% of first-round votes\u003c/a>, far outpacing Hamasaki, her closest rival, who had 37.2%. Meanwhile, candidate Joe Alioto Veronese remained in a distant third place, with just over 12% of the vote, followed by Maurice Chenier, with about 4%.\u003c/p>\n\u003cp>And with the elimination of Alioto Veronese and Chenier’s early votes, as part of San Francisco’s ranked choice voting process, Jenkins on Tuesday maintained an insurmountable lead, with roughly 54% of the vote, to Hamasaki’s 46%.\u003c/p>\n\u003cp>Those totals may change as the count continues throughout the week. Notably, the count of what appeared to be a landslide recall of Boudin \u003ca href=\"https://sfelections.sfgov.org/june-7-2022-election-results-summary\">ultimately narrowed\u003c/a> by the time the race went to Jenkins.\u003c/p>\n\u003cp>Last week, a day after the election, when Jenkins’ had already taken a significant lead, she declared victory.\u003c/p>\n\u003cp>“I extend my thanks and gratitude to the voters of San Francisco for placing their trust in me to serve as District Attorney,” she said in a statement at the time. “It is an honor of a lifetime to be elected and I pledge that improving and promoting public safety will be my and our office’s top priority.”[aside label=\"related coverage\" tag=\"brooke-jenkins\"]At her election night party at San Francisco’s Harborview Restaurant and Bar, a Cantonese-style eatery, Jenkins had sounded a joyous tone in a speech to supporters that emphasized the “rebuilding process” in the district attorney’s office.\u003c/p>\n\u003cp>Attorneys in the DA’s office “can now serve the city and county of San Francisco and not be worried that their hands will be tied,” Jenkins said. “They have really weathered this storm in a way that just warms my heart.”\u003c/p>\n\u003cp>Jenkins’ victory reflects an incredible swing in both national and local attitudes toward crime and criminal justice.\u003c/p>\n\u003cp>Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">appointed prosecutor Jenkins\u003c/a> to the district attorney role following the high-profile recall of progressive District Attorney Chesa Boudin.\u003c/p>\n\u003cp>The country, and the Bay Area, saw Boudin elected as a much-hailed progressive prosecutor just before protests for racial justice over the police killing of George Floyd in Minneapolis swept the nation.\u003c/p>\n\u003cp>But just as quickly came a backlash from Republicans, who seized on what experts say is a largely pandemic-driven change in crime rates to paint cities as rife with danger around every corner.\u003c/p>\n\u003cp>Those sentiments — alongside a very real and well-cataloged rise in anti-Asian hate incidents — swung San Francisco voters’ desire for criminal justice reform to a desire for safety, polls showed, even if that shift comes at the cost of abandoning some reform-minded policies the electorate previously supported.\u003c/p>\n\u003cfigure id=\"attachment_11931637\" class=\"wp-caption aligncenter\" style=\"max-width: 1358px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11931637\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg\" alt=\"San Francisco District Attorney candidate John Hamasaki\" width=\"1358\" height=\"905\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg 1358w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-160x107.jpg 160w\" sizes=\"(max-width: 1358px) 100vw, 1358px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco district attorney candidate John Hamasaki speaks to campaign supporters at El Rio in San Francisco on Nov. 8, 2022. While Jenkins has declared victory, Hamasaki has not conceded. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This year, unlike in many high-profile San Francisco races, campaign spending didn’t break local records. The effort to recall Boudin topped $10 million, much of that money coming from outside San Francisco. But as reported by The San Francisco Standard, independent campaign committees largely stayed out of the fray this time, potentially because they did not see Jenkins’ opponents as serious challengers.\u003c/p>\n\u003cp>Jenkins herself raised $256,000 as of the latest campaign finance returns, with Hamasaki and Alioto Veronese each raising about $140,000 each.\u003c/p>\n\u003cp>That lack of money could be seen in the advertising around the race. Whereas Boudin faced new accusations of failure in television ads with every viral video of a shoplifting, Jenkins’ reputation remained largely unscathed even in the face of persistent local crime — or the fact that Jenkins has preserved certain policies from Boudin’s tenure, such as an innocence commission aiming to free those imprisoned on wrongful convictions.\u003c/p>\n\u003cp>Despite a lower-profile race than that of June’s recall and the power of incumbency, the road was not smooth for Jenkins.\u003c/p>\n\u003cp>Myriad scandals rocked her brief time in office, from an ethics complaint alleging she lied about past misconduct, to early reporting by The SF Standard showing she took $100,000 from the campaign to recall Boudin despite claiming publicly she was a campaign volunteer.\u003c/p>\n\u003cp>But one scandal in particular still casts a shadow over the election.\u003c/p>\n\u003cp>A \u003ca href=\"https://missionlocal.org/2022/11/brooke-jenkins-don-dubain-troy-mcallister-police-report-rap-sheet-recall-chesa-boudin/\">report by Mission Local\u003c/a> found that Jenkins, when she was an assistant district attorney in Boudin’s office, sent a rap sheet in a case of interest to another assistant district attorney in apparent violation of state law. Whether it was a personal email or a professional one doesn’t matter — sending a person’s rap sheet without an expressly work-related reason is a misdemeanor offense, experts told the outlet.\u003c/p>\n\u003cp>But voting returns show that San Franciscans seem to care more about Jenkins’ policies than any potential ethical lapses.\u003c/p>\n\u003cp>She announced she would charge some minors as adults in situations that “shock the conscience.” Early, and often, Jenkins courted the local Chinese community, attending events at the Chinese Consolidated Benevolent Association and on Chinatown streets touting her plans to aggressively prosecute people who commit hate crimes.\u003c/p>\n\u003cp>And at the center of those policies was Jenkins’ line in the sand against fentanyl dealers.\u003c/p>\n\u003cp>As voters decried open-air drug use in the Tenderloin, Jenkins famously rescinded diversion-program deals for more than 30 drug dealers Boudin had offered them to. Ultimately, she said, she would end offers of diversion programs for drug dealers entirely, particularly for those trafficking drugs laced with fentanyl, a reversal of her predecessor’s policies.\u003c/p>\n\u003cp>Jenkins also announced a policy to bring charges against drug users once they receive five citations — effectively “bundling” them — for public drug use. The office would then refer those people with bundled charges to a restorative justice program through the city’s Community Justice Center.\u003c/p>\n\u003cp>Some of Jenkins’ critics said her policies amounted to a revival of the failed war on drugs launched by President Richard Nixon. At an October press conference, Jenkins embraced that idea.\u003c/p>\n\u003cp>“People want to talk about, well, ‘The war on drugs this, the war on drugs that,’” Jenkins said, adding, “It is a war on fentanyl. It is.”\u003c/p>\n\u003cp>\u003cem>An earlier version of this story was originally published Nov. 9.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Jenkins' victory echoes a national trend of voters favoring politicians who promote tough-on-crime policies.",
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"title": "Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race | KQED",
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"headline": "Hamasaki Concedes Nearly a Week After Jenkins Declares Victory in SF District Attorney's Race",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On Tuesday, nearly a week after San Francisco District Attorney Brooke Jenkins declared victory in her bid to remain in office, her main challenger, John Hamasaki, publicly conceded.\u003c/p>\n\u003cp>“Well, it’s been a hell of a ride, but time to call this one,” Hamasaki wrote in a tweet. “I am beyond honored to have been supported by such an incredible group of staff, supporters, and voters.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>As of Tuesday evening, Jenkins had garnered \u003ca href=\"https://sfelections.sfgov.org/november-8-2022-election-results-summary\">just over 46.3% of first-round votes\u003c/a>, far outpacing Hamasaki, her closest rival, who had 37.2%. Meanwhile, candidate Joe Alioto Veronese remained in a distant third place, with just over 12% of the vote, followed by Maurice Chenier, with about 4%.\u003c/p>\n\u003cp>And with the elimination of Alioto Veronese and Chenier’s early votes, as part of San Francisco’s ranked choice voting process, Jenkins on Tuesday maintained an insurmountable lead, with roughly 54% of the vote, to Hamasaki’s 46%.\u003c/p>\n\u003cp>Those totals may change as the count continues throughout the week. Notably, the count of what appeared to be a landslide recall of Boudin \u003ca href=\"https://sfelections.sfgov.org/june-7-2022-election-results-summary\">ultimately narrowed\u003c/a> by the time the race went to Jenkins.\u003c/p>\n\u003cp>Last week, a day after the election, when Jenkins’ had already taken a significant lead, she declared victory.\u003c/p>\n\u003cp>“I extend my thanks and gratitude to the voters of San Francisco for placing their trust in me to serve as District Attorney,” she said in a statement at the time. “It is an honor of a lifetime to be elected and I pledge that improving and promoting public safety will be my and our office’s top priority.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>At her election night party at San Francisco’s Harborview Restaurant and Bar, a Cantonese-style eatery, Jenkins had sounded a joyous tone in a speech to supporters that emphasized the “rebuilding process” in the district attorney’s office.\u003c/p>\n\u003cp>Attorneys in the DA’s office “can now serve the city and county of San Francisco and not be worried that their hands will be tied,” Jenkins said. “They have really weathered this storm in a way that just warms my heart.”\u003c/p>\n\u003cp>Jenkins’ victory reflects an incredible swing in both national and local attitudes toward crime and criminal justice.\u003c/p>\n\u003cp>Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">appointed prosecutor Jenkins\u003c/a> to the district attorney role following the high-profile recall of progressive District Attorney Chesa Boudin.\u003c/p>\n\u003cp>The country, and the Bay Area, saw Boudin elected as a much-hailed progressive prosecutor just before protests for racial justice over the police killing of George Floyd in Minneapolis swept the nation.\u003c/p>\n\u003cp>But just as quickly came a backlash from Republicans, who seized on what experts say is a largely pandemic-driven change in crime rates to paint cities as rife with danger around every corner.\u003c/p>\n\u003cp>Those sentiments — alongside a very real and well-cataloged rise in anti-Asian hate incidents — swung San Francisco voters’ desire for criminal justice reform to a desire for safety, polls showed, even if that shift comes at the cost of abandoning some reform-minded policies the electorate previously supported.\u003c/p>\n\u003cfigure id=\"attachment_11931637\" class=\"wp-caption aligncenter\" style=\"max-width: 1358px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11931637\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg\" alt=\"San Francisco District Attorney candidate John Hamasaki\" width=\"1358\" height=\"905\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3.jpg 1358w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/11/F942529F-3AD2-46F5-9542-1453A5CDB6A3-160x107.jpg 160w\" sizes=\"(max-width: 1358px) 100vw, 1358px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco district attorney candidate John Hamasaki speaks to campaign supporters at El Rio in San Francisco on Nov. 8, 2022. While Jenkins has declared victory, Hamasaki has not conceded. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This year, unlike in many high-profile San Francisco races, campaign spending didn’t break local records. The effort to recall Boudin topped $10 million, much of that money coming from outside San Francisco. But as reported by The San Francisco Standard, independent campaign committees largely stayed out of the fray this time, potentially because they did not see Jenkins’ opponents as serious challengers.\u003c/p>\n\u003cp>Jenkins herself raised $256,000 as of the latest campaign finance returns, with Hamasaki and Alioto Veronese each raising about $140,000 each.\u003c/p>\n\u003cp>That lack of money could be seen in the advertising around the race. Whereas Boudin faced new accusations of failure in television ads with every viral video of a shoplifting, Jenkins’ reputation remained largely unscathed even in the face of persistent local crime — or the fact that Jenkins has preserved certain policies from Boudin’s tenure, such as an innocence commission aiming to free those imprisoned on wrongful convictions.\u003c/p>\n\u003cp>Despite a lower-profile race than that of June’s recall and the power of incumbency, the road was not smooth for Jenkins.\u003c/p>\n\u003cp>Myriad scandals rocked her brief time in office, from an ethics complaint alleging she lied about past misconduct, to early reporting by The SF Standard showing she took $100,000 from the campaign to recall Boudin despite claiming publicly she was a campaign volunteer.\u003c/p>\n\u003cp>But one scandal in particular still casts a shadow over the election.\u003c/p>\n\u003cp>A \u003ca href=\"https://missionlocal.org/2022/11/brooke-jenkins-don-dubain-troy-mcallister-police-report-rap-sheet-recall-chesa-boudin/\">report by Mission Local\u003c/a> found that Jenkins, when she was an assistant district attorney in Boudin’s office, sent a rap sheet in a case of interest to another assistant district attorney in apparent violation of state law. Whether it was a personal email or a professional one doesn’t matter — sending a person’s rap sheet without an expressly work-related reason is a misdemeanor offense, experts told the outlet.\u003c/p>\n\u003cp>But voting returns show that San Franciscans seem to care more about Jenkins’ policies than any potential ethical lapses.\u003c/p>\n\u003cp>She announced she would charge some minors as adults in situations that “shock the conscience.” Early, and often, Jenkins courted the local Chinese community, attending events at the Chinese Consolidated Benevolent Association and on Chinatown streets touting her plans to aggressively prosecute people who commit hate crimes.\u003c/p>\n\u003cp>And at the center of those policies was Jenkins’ line in the sand against fentanyl dealers.\u003c/p>\n\u003cp>As voters decried open-air drug use in the Tenderloin, Jenkins famously rescinded diversion-program deals for more than 30 drug dealers Boudin had offered them to. Ultimately, she said, she would end offers of diversion programs for drug dealers entirely, particularly for those trafficking drugs laced with fentanyl, a reversal of her predecessor’s policies.\u003c/p>\n\u003cp>Jenkins also announced a policy to bring charges against drug users once they receive five citations — effectively “bundling” them — for public drug use. The office would then refer those people with bundled charges to a restorative justice program through the city’s Community Justice Center.\u003c/p>\n\u003cp>Some of Jenkins’ critics said her policies amounted to a revival of the failed war on drugs launched by President Richard Nixon. At an October press conference, Jenkins embraced that idea.\u003c/p>\n\u003cp>“People want to talk about, well, ‘The war on drugs this, the war on drugs that,’” Jenkins said, adding, “It is a war on fentanyl. It is.”\u003c/p>\n\u003cp>\u003cem>An earlier version of this story was originally published Nov. 9.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "though-wage-theft-is-a-crime-few-california-das-file-charges-for-it",
"title": "Though Wage Theft Is a Crime, Few California DAs File Charges for It",
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"headTitle": "Though Wage Theft Is a Crime, Few California DAs File Charges for It | KQED",
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"content": "\u003cp>It took two shifts to clean the five-story central Los Angeles office building where Edith Lopez worked as a janitor.\u003c/p>\n\u003cp>From morning to dusk she vacuumed, wiped down kitchens and took out trash, and her employer, Pacific Commercial Co., paid her like a regular employee. Then from 5 p.m. to 10 p.m. she did the same but Pacific classified her as an independent contractor and paid for those hours with personal checks that left out typical payroll deductions such as income tax or Social Security withholding, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11916303,news_11924013,news_11929398\"]Over her eight years working for Pacific Commercial, the company sometimes paid her late and cut her hours, she said, and she didn’t receive any time-and-a-half overtime premiums. Lopez, a single mother who emigrated from Durango, Mexico, fell behind on rent and worried about supporting her three daughters. A doctor warned the 52-year-old that stress was causing her blood pressure to spike.\u003c/p>\n\u003cp>In September, she got a break. She received $30,000 in restitution, the result of the successful criminal prosecution of her former boss, Moon Hyuk Hahn, by the Los Angeles District Attorney’s Office in partnership with the state’s Labor Commissioner, the California Department of Insurance and a janitorial industry watchdog group called the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“It feels like retribution for the suffering that this company has put me through,” Lopez said. “This company has caused me to lose out on time with my family and made my family suffer.”\u003c/p>\n\u003ch2>Rare criminal charges\u003c/h2>\n\u003cp>Hahn, who owns Pacific Commercial, faced\u003ca href=\"http://www.janitorialwatch.org/2020/10/23/principal-of-mid-wilshire-area-janitorial-contractor-pacific-commercial-faces-26-felony-counts-at-upcoming-criminal-trial/\"> more than a dozen counts of grand theft of wages\u003c/a> and other allegations. He pleaded guilty to a count of insurance fraud and wage theft and has agreed to pay \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Restitution-Order-Moon-Hyuk-Hahn-Case-No.-BA488745_Redacted-1.pdf\">$1.6 million in restitution (PDF)\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He declined to comment to CalMatters, but his attorney, Keith Kim, said the plea was a “safer route” than going to trial.\u003c/p>\n\u003cp>Most of California’s \u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\">wage theft cases\u003c/a> aren’t handled this way.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cbsnews.com/sacramento/news/are-you-a-wage-theft-victim/\">Wage theft\u003c/a> has been a federal crime for decades, but in California, \u003ca href=\"https://calmatters.org/california-divide/2022/10/agency-battling-wage-theft/?series=unpaid-wages-california-workers\">where felony cases are punishable by up to three years in jail\u003c/a>, prosecutors across the state rarely file criminal charges based solely on wage theft.\u003c/p>\n\u003cfigure id=\"attachment_11930103\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930103\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg\" alt=\"an older Latina woman in a red shirt stands in front of a mural\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1536x1025.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Edith Lopez, 57, stands for a portrait at Eugene A. Obregon Park in East Los Angeles on Oct. 20, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some prosecutors say that is beginning to change.\u003c/p>\n\u003cp>Since 2015, the state’s Labor Commissioner’s Office has investigated 16 labor violation cases that resulted in criminal charges, spokesperson Paola Laverde said in an email. Eleven of those cases involved wage theft.\u003c/p>\n\u003cp>Few local prosecutors contacted across the state could tell CalMatters how many wage theft cases they’ve brought charges for since 2015.\u003c/p>\n\u003cp>By contrast, the Labor Commissioner’s Office conducted investigations of worksites and issued 141 minimum wage violation citations and 102 overtime violation citations in the 2019-2020 fiscal year. Those wage theft citations were handled administratively or in civil court.\u003c/p>\n\u003cp>Also workers who think their wages were stolen usually file claims with the Labor Commissioner’s Office, rather than reporting it to law enforcement. Last year California employees \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/?series=unpaid-wages-california-workers\">filed 19,000 unpaid wage claims\u003c/a> for a total of $320 million, which also are usually handled administratively.\u003c/p>\n\u003ch2>Prosecutors’ attention\u003c/h2>\n\u003cp>As California continues to grapple with the scope of wage theft, prosecutors say criminal charges could become more common. Several prosecutors offices in recent years have announced units that will focus on labor violations such as wage theft.\u003c/p>\n\u003cp>“The goal here is to increase our prosecutorial attention to wage theft,” said George Gascón, LA’s district attorney, who last year agreed to take referrals and investigate wage theft alongside the Labor Commissioner’s Office. “This (wage theft) is bad for the entire community.”\u003c/p>\n\u003cp>The initiatives coincide with an increase in what some call “\u003ca href=\"https://calmatters.org/politics/2022/06/chesa-boudin-criminal-justice-reform/\">progressive prosecutors\u003c/a>,” who seek to refocus their offices’ attention on issues that disproportionately affect lower-income residents and residents of color, such as labor violations and human trafficking. Studies show that wage theft primarily affects the most vulnerable workers: those who make low wages, who are often people of color or immigrants.\u003c/p>\n\u003cp>These efforts often draw on law enforcement that already is targeting related forms of white-collar crime, such as workers’ compensation fraud or tax evasion — where victims are other businesses or the government, rather than workers.\u003c/p>\n\u003cp>“Wage theft affects far more individual people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on,” said Chesa Boudin, a former San Francisco district attorney who created a unit investigating workplace crimes in 2020.\u003c/p>\n\u003cp>Five years ago, the criminal investigation unit in the Labor Commissioner’s Office forwarded three cases to prosecutors. So far this year, it has referred more than a dozen, Laverde said.\u003c/p>\n\u003ch2>‘More scary’\u003c/h2>\n\u003cp>Nationally there is \u003ca href=\"https://www.epi.org/publication/fighting-workplace-abuses-criminal-prosecutions-of-wage-theft-and-other-employer-crimes-against-workers/\">a rise in criminal prosecutions of labor abuses\u003c/a>, according to a report released last year by the left-leaning Economic Policy Institute. The study noted that since 2017, prosecutors in 15 states have brought new criminal cases against employers.\u003c/p>\n\u003cp>“My strong sense was that the employer community really responded differently to criminal versus civil cases,” said Terri Gerstein, the report’s author and a former labor bureau chief in New York’s Attorney General’s office. “It felt different when there was a criminal case. It was much more scary.”\u003c/p>\n\u003cfigure id=\"attachment_11930102\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930102\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg\" alt=\"a young white man with a beard stands in a blue suit outside a gray building\" width=\"800\" height=\"551\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-1020x702.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-160x110.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former District Attorney Chesa Boudin is seen outside the Hall of Justice in San Francisco on Dec. 30, 2020. As DA, he created a unit investigating workplace crimes. \u003ccite>(Paul Chinn/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some labor experts question whether criminal prosecution is an effective tool for recovering money. After all, many workers who win civil wage judgments against their bosses still end up collecting nothing, and some businesses operating in the so-called underground economy don’t even have liquid assets, workers’ attorneys say.\u003c/p>\n\u003cp>When a business owner gets convicted, “if they’re behind bars, they’re definitely not paying their workers,” said Tia Koonse, legal and policy research manager at the UCLA Labor Center.\u003c/p>\n\u003cp>Others say the threat of jail time and the negative press associated with criminal charges are stronger deterrents than other labor enforcement methods.\u003c/p>\n\u003cp>The prospect of jail also can force a business owner to pay restitution, said Joel McComb, deputy district attorney in San Mateo County.\u003c/p>\n\u003cp>Recently a Half Moon Bay hemp farmer paid $128,000 in restitution to 31 former employees whom, authorities say, he had stopped paying in December 2020 and January 2021. Initially the farmer faced 33 felony counts of theft of labor, but he pleaded no contest to two counts and was \u003ca href=\"https://www.smcgov.org/da/news/hemp-farm-owner-sentenced-theft-labor-tax-evasion-and-failure-maintain-workers-0\">sentenced to a year in jail\u003c/a>, to serve concurrently with a two-year sentence in an unrelated case, McComb said.\u003c/p>\n\u003ch2>Risks and benefits\u003c/h2>\n\u003cp>In the Pacific Commercial case in Los Angeles, Lopez and 16 other workers received a total of $240,000 in restitution. The money came from $522,000 the California Department of Insurance seized from the company during the investigation. The state kept the rest for back taxes.\u003c/p>\n\u003cp>Hahn still owes about $1 million, to be split among the state and two insurance companies authorities say he defrauded, a spokesperson for Gascón’s office said.\u003c/p>\n\u003cp>In that investigation, Gascón said, his office focused on returning money to victims, and the cash seizure created a “clear path” for repayment.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"George Gascón, Los Angeles district attorney\"]‘We want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well.’[/pullquote]But a cash payout isn’t always possible in wage theft cases, he said, and prosecutors have to weigh the risks and benefits of criminal charges.\u003c/p>\n\u003cp>The threat of losing a business is a “substantial deterrent” to wage theft, he said.\u003c/p>\n\u003cp>“But we’re also cognizant of the fact that there are many people working in this company that depend on this work for their livelihood,” he said. “And then the evaluation is, we want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well. So it’s really striking a balance.”\u003c/p>\n\u003ch2>The human toll\u003c/h2>\n\u003cp>As a Santa Clara County district attorney’s investigator focused on insurance fraud, Michael Whittington said he often saw employers paying employees off the books or shorting their wages.\u003c/p>\n\u003cp>But few workers were willing to come forward to testify as victims, he said, so his office was charging wage theft “intermittently, when we could identify it.”\u003c/p>\n\u003cp>In the wake of nationwide protests for racial equity in the criminal legal system, the Santa Clara County District Attorney’s Office announced in 2020 it was forming a Worker Exploitation Task Force, bringing together state and federal labor agencies to refer wage theft cases to the prosecutor’s office.\u003c/p>\n\u003cp>“We truly turned our focus to finding what we called the human toll of fraud investigations, and focusing on wage theft first,” said Whittington, captain of the office’s Bureau of Investigation. He said the partnership has helped encourage workers to come forward and cooperate with law enforcement; now he hears from workers who want to report cases directly to him.\u003c/p>\n\u003ch2>The right thing\u003c/h2>\n\u003cp>Alongside the task force launch, the DA’s office announced charges against Robert Foster, then a San José police officer, and his wife, whom they accused of running an off-the-books private security business. Prosecutors said the business engaged in insurance fraud, tax evasion and money laundering and that Foster failed to pay workers overtime, underreported worker injuries, and \u003ca href=\"https://countyda.sccgov.org/news/news-release/san-jose-police-officer-charged-worker-exploitation-multi-million-dollar-fraud\">threatened employees\u003c/a>.\u003c/p>\n\u003cp>He pleaded no contest in January and this March was \u003ca href=\"https://countyda.sccgov.org/news/news-release/former-san-jose-police-officer-sentenced-jail-multi-million-dollar-fraud-scheme\">sentenced to three years in jail\u003c/a>.\u003c/p>\n\u003cp>His attorney, Ronald Richards, said Foster has paid full restitution, including money owed to workers and $1.13 million to the state and to insurance companies.\u003c/p>\n\u003cp>Richards said his client got caught up in his bookkeeper’s business decisions and “wanted to rectify the situation and do the right thing.” The case hinged on whether the workers could be classified as contractors rather than employees, he said.\u003c/p>\n\u003ch2>When to charge the crime\u003c/h2>\n\u003cp>Richards opined that Foster should have had a chance to pay a penalty and settle the matter outside of criminal court.\u003c/p>\n\u003cp>“He wasn’t stealing any wages,” Richards said. “A lot of times people pay after an audit. Why are you going to discourage people from paying? If you charge them criminally, they’re just going to pay the criminal lawyer.”[pullquote align=\"right\" size=\"medium\" citation=\"Chesa Boudin, former San Francisco district attorney\"]‘Wage theft affects more people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on.’[/pullquote]Similarly, in San Diego County, District Attorney Summer Stephan last year \u003ca href=\"https://www.sdcda.org/content/office/newsroom/tempDownloads/33d8e703-5a68-4ef5-8c54-3d19888df233_Workplace%20Justice%20News%20Release%202-22-2021.pdf\">launched a Workplace Justice Unit (PDF)\u003c/a> dedicated to investigating wage and hour violations and labor trafficking.\u003c/p>\n\u003cp>Before, the office had charged wage theft when it was secondary to insurance fraud or tax evasion cases.\u003c/p>\n\u003cp>So far, the unit has secured a guilty plea in one wage theft case, a spokesperson said.\u003c/p>\n\u003cp>Several prosecutors said there aren’t general rules about when to file criminal charges in wage theft cases; they decide on a case-by-case basis.\u003c/p>\n\u003cp>Criminal cases come with a higher burden of proof than civil ones; prosecutors must prove an employer is guilty beyond a “reasonable doubt.” And to convict an employer of wage theft under California law, a prosecutor also must prove that nonpayment was intentional, not merely an oversight.\u003c/p>\n\u003ch2>More victims\u003c/h2>\n\u003cp>Last year California lawmakers gave law enforcement additional flexibility when charging wage theft as a felony.\u003c/p>\n\u003cp>While the state’s felony grand theft statute already includes stolen wages of at least $950 from a single worker in a one-year period, the new statute allows charges if multiple workers lose at least $2,350 in unpaid wages combined.\u003c/p>\n\u003cp>The new law “allows us to aggregate the losses of multiple employees of the same company,” said Tanya Sierra, spokesperson for the San Diego County district attorney. “This would allow us to prosecute cases where an employer steals a little bit from many employees rather than a large sum from just one employee.”\u003c/p>\n\u003cp>Several DA offices and the California District Attorneys Association said they know of no cases filed under the new law, which went into effect in January.\u003c/p>\n\u003cp>Boudin said his office in San Francisco was conducting multiple investigations under the new statute prior to his recall by voters last spring.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>A spokesperson for Gascón’s office in Los Angeles said officials expect to file at least one case under the new statute by the end of the year.\u003c/p>\n\n",
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"excerpt": "To help fight wage theft, some prosecutors are partnering with the state on more cases, or forming special units to pursue labor abuses as crimes. A new felony law could also help, they say.",
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"title": "Though Wage Theft Is a Crime, Few California DAs File Charges for It | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>It took two shifts to clean the five-story central Los Angeles office building where Edith Lopez worked as a janitor.\u003c/p>\n\u003cp>From morning to dusk she vacuumed, wiped down kitchens and took out trash, and her employer, Pacific Commercial Co., paid her like a regular employee. Then from 5 p.m. to 10 p.m. she did the same but Pacific classified her as an independent contractor and paid for those hours with personal checks that left out typical payroll deductions such as income tax or Social Security withholding, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Over her eight years working for Pacific Commercial, the company sometimes paid her late and cut her hours, she said, and she didn’t receive any time-and-a-half overtime premiums. Lopez, a single mother who emigrated from Durango, Mexico, fell behind on rent and worried about supporting her three daughters. A doctor warned the 52-year-old that stress was causing her blood pressure to spike.\u003c/p>\n\u003cp>In September, she got a break. She received $30,000 in restitution, the result of the successful criminal prosecution of her former boss, Moon Hyuk Hahn, by the Los Angeles District Attorney’s Office in partnership with the state’s Labor Commissioner, the California Department of Insurance and a janitorial industry watchdog group called the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“It feels like retribution for the suffering that this company has put me through,” Lopez said. “This company has caused me to lose out on time with my family and made my family suffer.”\u003c/p>\n\u003ch2>Rare criminal charges\u003c/h2>\n\u003cp>Hahn, who owns Pacific Commercial, faced\u003ca href=\"http://www.janitorialwatch.org/2020/10/23/principal-of-mid-wilshire-area-janitorial-contractor-pacific-commercial-faces-26-felony-counts-at-upcoming-criminal-trial/\"> more than a dozen counts of grand theft of wages\u003c/a> and other allegations. He pleaded guilty to a count of insurance fraud and wage theft and has agreed to pay \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Restitution-Order-Moon-Hyuk-Hahn-Case-No.-BA488745_Redacted-1.pdf\">$1.6 million in restitution (PDF)\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He declined to comment to CalMatters, but his attorney, Keith Kim, said the plea was a “safer route” than going to trial.\u003c/p>\n\u003cp>Most of California’s \u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\">wage theft cases\u003c/a> aren’t handled this way.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cbsnews.com/sacramento/news/are-you-a-wage-theft-victim/\">Wage theft\u003c/a> has been a federal crime for decades, but in California, \u003ca href=\"https://calmatters.org/california-divide/2022/10/agency-battling-wage-theft/?series=unpaid-wages-california-workers\">where felony cases are punishable by up to three years in jail\u003c/a>, prosecutors across the state rarely file criminal charges based solely on wage theft.\u003c/p>\n\u003cfigure id=\"attachment_11930103\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930103\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg\" alt=\"an older Latina woman in a red shirt stands in front of a mural\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1536x1025.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Edith Lopez, 57, stands for a portrait at Eugene A. Obregon Park in East Los Angeles on Oct. 20, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some prosecutors say that is beginning to change.\u003c/p>\n\u003cp>Since 2015, the state’s Labor Commissioner’s Office has investigated 16 labor violation cases that resulted in criminal charges, spokesperson Paola Laverde said in an email. Eleven of those cases involved wage theft.\u003c/p>\n\u003cp>Few local prosecutors contacted across the state could tell CalMatters how many wage theft cases they’ve brought charges for since 2015.\u003c/p>\n\u003cp>By contrast, the Labor Commissioner’s Office conducted investigations of worksites and issued 141 minimum wage violation citations and 102 overtime violation citations in the 2019-2020 fiscal year. Those wage theft citations were handled administratively or in civil court.\u003c/p>\n\u003cp>Also workers who think their wages were stolen usually file claims with the Labor Commissioner’s Office, rather than reporting it to law enforcement. Last year California employees \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/?series=unpaid-wages-california-workers\">filed 19,000 unpaid wage claims\u003c/a> for a total of $320 million, which also are usually handled administratively.\u003c/p>\n\u003ch2>Prosecutors’ attention\u003c/h2>\n\u003cp>As California continues to grapple with the scope of wage theft, prosecutors say criminal charges could become more common. Several prosecutors offices in recent years have announced units that will focus on labor violations such as wage theft.\u003c/p>\n\u003cp>“The goal here is to increase our prosecutorial attention to wage theft,” said George Gascón, LA’s district attorney, who last year agreed to take referrals and investigate wage theft alongside the Labor Commissioner’s Office. “This (wage theft) is bad for the entire community.”\u003c/p>\n\u003cp>The initiatives coincide with an increase in what some call “\u003ca href=\"https://calmatters.org/politics/2022/06/chesa-boudin-criminal-justice-reform/\">progressive prosecutors\u003c/a>,” who seek to refocus their offices’ attention on issues that disproportionately affect lower-income residents and residents of color, such as labor violations and human trafficking. Studies show that wage theft primarily affects the most vulnerable workers: those who make low wages, who are often people of color or immigrants.\u003c/p>\n\u003cp>These efforts often draw on law enforcement that already is targeting related forms of white-collar crime, such as workers’ compensation fraud or tax evasion — where victims are other businesses or the government, rather than workers.\u003c/p>\n\u003cp>“Wage theft affects far more individual people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on,” said Chesa Boudin, a former San Francisco district attorney who created a unit investigating workplace crimes in 2020.\u003c/p>\n\u003cp>Five years ago, the criminal investigation unit in the Labor Commissioner’s Office forwarded three cases to prosecutors. So far this year, it has referred more than a dozen, Laverde said.\u003c/p>\n\u003ch2>‘More scary’\u003c/h2>\n\u003cp>Nationally there is \u003ca href=\"https://www.epi.org/publication/fighting-workplace-abuses-criminal-prosecutions-of-wage-theft-and-other-employer-crimes-against-workers/\">a rise in criminal prosecutions of labor abuses\u003c/a>, according to a report released last year by the left-leaning Economic Policy Institute. The study noted that since 2017, prosecutors in 15 states have brought new criminal cases against employers.\u003c/p>\n\u003cp>“My strong sense was that the employer community really responded differently to criminal versus civil cases,” said Terri Gerstein, the report’s author and a former labor bureau chief in New York’s Attorney General’s office. “It felt different when there was a criminal case. It was much more scary.”\u003c/p>\n\u003cfigure id=\"attachment_11930102\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930102\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg\" alt=\"a young white man with a beard stands in a blue suit outside a gray building\" width=\"800\" height=\"551\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-1020x702.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-160x110.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former District Attorney Chesa Boudin is seen outside the Hall of Justice in San Francisco on Dec. 30, 2020. As DA, he created a unit investigating workplace crimes. \u003ccite>(Paul Chinn/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some labor experts question whether criminal prosecution is an effective tool for recovering money. After all, many workers who win civil wage judgments against their bosses still end up collecting nothing, and some businesses operating in the so-called underground economy don’t even have liquid assets, workers’ attorneys say.\u003c/p>\n\u003cp>When a business owner gets convicted, “if they’re behind bars, they’re definitely not paying their workers,” said Tia Koonse, legal and policy research manager at the UCLA Labor Center.\u003c/p>\n\u003cp>Others say the threat of jail time and the negative press associated with criminal charges are stronger deterrents than other labor enforcement methods.\u003c/p>\n\u003cp>The prospect of jail also can force a business owner to pay restitution, said Joel McComb, deputy district attorney in San Mateo County.\u003c/p>\n\u003cp>Recently a Half Moon Bay hemp farmer paid $128,000 in restitution to 31 former employees whom, authorities say, he had stopped paying in December 2020 and January 2021. Initially the farmer faced 33 felony counts of theft of labor, but he pleaded no contest to two counts and was \u003ca href=\"https://www.smcgov.org/da/news/hemp-farm-owner-sentenced-theft-labor-tax-evasion-and-failure-maintain-workers-0\">sentenced to a year in jail\u003c/a>, to serve concurrently with a two-year sentence in an unrelated case, McComb said.\u003c/p>\n\u003ch2>Risks and benefits\u003c/h2>\n\u003cp>In the Pacific Commercial case in Los Angeles, Lopez and 16 other workers received a total of $240,000 in restitution. The money came from $522,000 the California Department of Insurance seized from the company during the investigation. The state kept the rest for back taxes.\u003c/p>\n\u003cp>Hahn still owes about $1 million, to be split among the state and two insurance companies authorities say he defrauded, a spokesperson for Gascón’s office said.\u003c/p>\n\u003cp>In that investigation, Gascón said, his office focused on returning money to victims, and the cash seizure created a “clear path” for repayment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But a cash payout isn’t always possible in wage theft cases, he said, and prosecutors have to weigh the risks and benefits of criminal charges.\u003c/p>\n\u003cp>The threat of losing a business is a “substantial deterrent” to wage theft, he said.\u003c/p>\n\u003cp>“But we’re also cognizant of the fact that there are many people working in this company that depend on this work for their livelihood,” he said. “And then the evaluation is, we want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well. So it’s really striking a balance.”\u003c/p>\n\u003ch2>The human toll\u003c/h2>\n\u003cp>As a Santa Clara County district attorney’s investigator focused on insurance fraud, Michael Whittington said he often saw employers paying employees off the books or shorting their wages.\u003c/p>\n\u003cp>But few workers were willing to come forward to testify as victims, he said, so his office was charging wage theft “intermittently, when we could identify it.”\u003c/p>\n\u003cp>In the wake of nationwide protests for racial equity in the criminal legal system, the Santa Clara County District Attorney’s Office announced in 2020 it was forming a Worker Exploitation Task Force, bringing together state and federal labor agencies to refer wage theft cases to the prosecutor’s office.\u003c/p>\n\u003cp>“We truly turned our focus to finding what we called the human toll of fraud investigations, and focusing on wage theft first,” said Whittington, captain of the office’s Bureau of Investigation. He said the partnership has helped encourage workers to come forward and cooperate with law enforcement; now he hears from workers who want to report cases directly to him.\u003c/p>\n\u003ch2>The right thing\u003c/h2>\n\u003cp>Alongside the task force launch, the DA’s office announced charges against Robert Foster, then a San José police officer, and his wife, whom they accused of running an off-the-books private security business. Prosecutors said the business engaged in insurance fraud, tax evasion and money laundering and that Foster failed to pay workers overtime, underreported worker injuries, and \u003ca href=\"https://countyda.sccgov.org/news/news-release/san-jose-police-officer-charged-worker-exploitation-multi-million-dollar-fraud\">threatened employees\u003c/a>.\u003c/p>\n\u003cp>He pleaded no contest in January and this March was \u003ca href=\"https://countyda.sccgov.org/news/news-release/former-san-jose-police-officer-sentenced-jail-multi-million-dollar-fraud-scheme\">sentenced to three years in jail\u003c/a>.\u003c/p>\n\u003cp>His attorney, Ronald Richards, said Foster has paid full restitution, including money owed to workers and $1.13 million to the state and to insurance companies.\u003c/p>\n\u003cp>Richards said his client got caught up in his bookkeeper’s business decisions and “wanted to rectify the situation and do the right thing.” The case hinged on whether the workers could be classified as contractors rather than employees, he said.\u003c/p>\n\u003ch2>When to charge the crime\u003c/h2>\n\u003cp>Richards opined that Foster should have had a chance to pay a penalty and settle the matter outside of criminal court.\u003c/p>\n\u003cp>“He wasn’t stealing any wages,” Richards said. “A lot of times people pay after an audit. Why are you going to discourage people from paying? If you charge them criminally, they’re just going to pay the criminal lawyer.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Similarly, in San Diego County, District Attorney Summer Stephan last year \u003ca href=\"https://www.sdcda.org/content/office/newsroom/tempDownloads/33d8e703-5a68-4ef5-8c54-3d19888df233_Workplace%20Justice%20News%20Release%202-22-2021.pdf\">launched a Workplace Justice Unit (PDF)\u003c/a> dedicated to investigating wage and hour violations and labor trafficking.\u003c/p>\n\u003cp>Before, the office had charged wage theft when it was secondary to insurance fraud or tax evasion cases.\u003c/p>\n\u003cp>So far, the unit has secured a guilty plea in one wage theft case, a spokesperson said.\u003c/p>\n\u003cp>Several prosecutors said there aren’t general rules about when to file criminal charges in wage theft cases; they decide on a case-by-case basis.\u003c/p>\n\u003cp>Criminal cases come with a higher burden of proof than civil ones; prosecutors must prove an employer is guilty beyond a “reasonable doubt.” And to convict an employer of wage theft under California law, a prosecutor also must prove that nonpayment was intentional, not merely an oversight.\u003c/p>\n\u003ch2>More victims\u003c/h2>\n\u003cp>Last year California lawmakers gave law enforcement additional flexibility when charging wage theft as a felony.\u003c/p>\n\u003cp>While the state’s felony grand theft statute already includes stolen wages of at least $950 from a single worker in a one-year period, the new statute allows charges if multiple workers lose at least $2,350 in unpaid wages combined.\u003c/p>\n\u003cp>The new law “allows us to aggregate the losses of multiple employees of the same company,” said Tanya Sierra, spokesperson for the San Diego County district attorney. “This would allow us to prosecute cases where an employer steals a little bit from many employees rather than a large sum from just one employee.”\u003c/p>\n\u003cp>Several DA offices and the California District Attorneys Association said they know of no cases filed under the new law, which went into effect in January.\u003c/p>\n\u003cp>Boudin said his office in San Francisco was conducting multiple investigations under the new statute prior to his recall by voters last spring.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A spokesperson for Gascón’s office in Los Angeles said officials expect to file at least one case under the new statute by the end of the year.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The end of September marks a major milestone in campaigns across California, as legal deadlines require candidates’ campaigns to reveal how much money they’ve raised over the past few months, tallying that alongside expenses.\u003c/p>\n\u003cp>Below is a roundup of some key races both large and small — from Gov. Gavin Newsom defending his job against his Republican challenger, to Board of Supervisors races in the city of San Francisco.\u003c/p>\n\u003cp>While we’re focusing on campaign finance in the coverage below, we’ve also got extensive reporting of candidates’ positions on top issues in our \u003ca href=\"https://www.kqed.org/voterguide\">KQED Election 2022 California Voter Guide.\u003c/a> Be sure to read it if you want to know what each candidate intends to do in office.\u003c/p>\n\u003ch2>Governor\u003c/h2>\n\u003cp>The governor’s race might top the ballot in November but the latest fundraising totals show why the contest between \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1414018&session=2021\">Gov. Gavin Newsom\u003c/a> and \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1444621&session=2021\">State Senator Brian Dahle\u003c/a> isn’t attracting much attention.\u003c/p>\n\u003cp>You’d expect a Democratic governor to outraise a Republican counterpart, but the numbers show how the state and national Republican parties are ignoring this race.\u003c/p>\n\u003cp>Newsom reports raising $2.1 million in the third quarter of 2022, bringing his total for the year to nearly $9 million. He has a whopping $23.2 million cash on hand.\u003c/p>\n\u003cp>By comparison, Dahle reports raising $590,579 in the last three months for a total of just over $2 million for the year. He has just $408,741 to spend between now and the November election.\u003c/p>\n\u003cp>In other words, Newsom has almost 57 times more cash than Dahle.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>State Controller\u003c/h2>\n\u003cp>In the race to succeed termed-out State Controller Betty Yee, it’s the Republican candidate who has the huge cash advantage.\u003c/p>\n\u003cp>\u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1439261&session=2021&psort=AMOUNT&view=general\">Lanhee Chen\u003c/a>, a Stanford scholar and GOP political advisor who worked on the presidential campaigns of Mitt Romney and George W. Bush, reports raising $4.15 million overall, including $1.14 million in the third quarter. He has just over $3 million cash on hand.\u003c/p>\n\u003cp>By comparison, \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1437983&session=2021\">Democrat Malia Cohen\u003c/a> has raised $1.2 million in all of 2022, including $559,943 in the third quarter, with a relatively small $529,468 cash on hand.\u003c/p>\n\u003cp>Chen will need every penny of that cash and more to overcome the structural deficit his party faces among registered voters in California. As of May, the breakdown is roughly 47% registered Democratic, 24% Republican and 23% no party preference voters.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>Bay Area Mayor Races\u003c/h2>\n\u003cp>Filings also show spending ramping up in the region’s two high-profile mayor races, in San Jose and Oakland.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11915899/cindy-chavez-and-matt-mahan-headed-to-runoff-in-san-jose-mayoral-race\">The two contenders for the top job in San Jose\u003c/a>, City Council member Matt Mahan and Santa Clara County Supervisor Cindy Chavez, both enter the final stretch of the campaign with ample war chests. Mahan reported raising $672,914 over the summer, while Chavez brought in close to $557,679. With just over a week until voting begins, Chavez is sitting on over $458,282 while Mahan reported nearly $444,552 on hand.\u003c/p>\n\u003cp>During the primary, voters saw a deluge of spending from outside groups: Labor unions spent heavily in support of Chavez while current Mayor Sam Liccardo recruited business and developer dollars into his super PAC supporting Mahan. The outside spending cooled off over the summer, but filings this week show that could change. On Tuesday, the San Francisco 49ers dropped a whopping $420,000 into their committee backing Chavez.\u003c/p>\n\u003cp>In Oakland, filings show City Council members Loren Taylor and Sheng Thao emerging as the leading fundraisers in the 10-candidate field. So far this year, Taylor has raised $266,141 and spent $168,143, ending the filing period with $276,602 on hand. Thao has raised $242,700, spent $209,841 and reported $161,693 on hand.\u003c/p>\n\u003cp>So far, Thao has been the beneficiary of outside spending by a group called “Working Families for a Better Oakland,” which is bankrolled by some of the region’s leading labor unions. The committee reported spending $190,271 to support Thao’s run.\u003c/p>\n\u003ch2>San Francisco District Attorney Race\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">District Attorney Brooke Jenkins\u003c/a> has outraised her opponents in the election for San Francisco district attorney, the newest numbers show — though, with a caveat.\u003c/p>\n\u003cp>Jenkins, the tough-on-crime district attorney appointed by Mayor London Breed to replace progressive DA Chesa Boudin after he was recalled, raised $126,000 through the end of September. Her challenger from the left, former police commissioner John Hamasaki, raised $87,000, and another former police commissioner, and former fire commissioner, Joe Alioto Veronese, raised $56,000.\u003c/p>\n\u003cp>While that may make it seem like Alioto Veronese is trailing behind in fundraising, this is where things get a little muddy.\u003c/p>\n\u003cp>In a tweet, Friday, Alioto Veronese claimed he raised more money than Jenkins and Hamasaki.\u003c/p>\n\u003cp>“Early results of our campaign fundraiser are in and they’re good. We’ve outraised incumbent DA @BrookeUnionCity two-to-one and public defender @HamasakiLaw three-to-one. The momentum is strong in this one!” he wrote, \u003ca href=\"https://twitter.com/joeavero/status/1575938538121592841\">on Twitter\u003c/a>.\u003c/p>\n\u003cp>https://twitter.com/joeavero/status/1575824490390376450\u003c/p>\n\u003cp>That’s only half-true.\u003c/p>\n\u003cp>If you count the money he’s been raising since the start of the year — well before his opponents declared their intention to run in the race — then yes, he did outraise them financially. Veronese started his 2023 campaign committee in January this year. Jenkins started her campaign committee mid-July, and Hamasaki started in mid-August.\u003c/p>\n\u003cp>But recent contributions are arguably the best indicator of momentum. Measured in that way, Jenkins is handily leading the pack, with Hamasaki close behind, and Alioto Veronese in the dust.\u003c/p>\n\u003cp>Similar to Alioto Veronese, on Twitter, \u003ca href=\"https://twitter.com/HamasakiLaw/status/1575932326063722497\">Hamasaki touted\u003c/a> raising more than Jenkins in the period in which he raised money, since he filed to run later than Jenkins — not counting the total money she raised the month before. Maggie Muir, a campaign consultant for Jenkins, said Alioto Veronese and Hamasaki’s campaigns played fast and loose with the numbers.\u003c/p>\n\u003cp>“Hamasaki doesn’t seem to understand simple math. Joe Alioto Veronese is potentially illegally double dipping, counting the same donors twice. These two need to go back to school,” she said.\u003c/p>\n\u003cp>Speaking to KQED, Alioto Veronese countered that much of the funding from his older campaign accounts, though not all of it, can be transferred to the new one.\u003c/p>\n\u003cp>Last note: Some independent groups have raised their own money to support candidates. Most notably, the Alice B. Toklas LGBTQ Democratic Club has a cash balance of $41,492 to spend on candidates. They solely endorsed Jenkins for district attorney — expect to see her on their mailers advertising candidates to vote for. They’ve already spent roughly $5,000 on a billboard for her.\u003c/p>\n\u003ch2>San Francisco Board of Supervisors District 6 and District 4\u003c/h2>\n\u003cp>In the race to represent San Francisco’s District 6, including downtown, South of Market, Mission Bay, and Treasure Island neighborhoods, among others, candidate Honey Mahogany is leading, though not overwhelmingly.\u003c/p>\n\u003cp>Mahogany, a former aide to former supervisor and current Assembly member Matt Haney, has raised $389,000 so far. That sees Mahogany outraising the recently appointed District 6 Supervisor Matt Dorsey, who counts $348,000 in the bank. Roughly half of each of their contributions are through public financing provided by the city.\u003c/p>\n\u003cp>Accounting for how much they’ve spent already promoting their campaigns, Mahogany has a fairly sizable chunk of cash left in the bank relative to her opponent, with $233,000 compared to Dorsey’s $177,000.\u003c/p>\n\u003cp>And in the election to represent the Sunset, Parkside, and other west side neighborhoods of San Francisco’s District 4, challenger Joel Engardio has raised $376,000 compared to incumbent Supervisor Gordon Mar, who has raised $308,000. More than half of those funds for each candidate came from public financing provided by the city.\u003c/p>\n\u003cp>As far as fundraising from voters — an often-times helpful indicator on voter support — Engardio raised $120,000 this year through September, and Mar raised $92,000. Engardio is hoping to generate momentum based on his support for the recall in the district, which records show voted overwhelmingly to remove Boudin.\u003c/p>\n\u003cp>Lastly, \u003ca href=\"https://www.kqed.org/news/11924844/judge-bars-former-sf-supervisor-candidate-leanna-louie-from-appearing-on-november-ballot\">though she was stricken from the ballot by a judge\u003c/a> in early September for not living in the district she intended to represent in the required time period, former candidate Leanne Louie had previously raised $41,000, records show.\u003c/p>\n\u003ch2>Alameda County District Attorney\u003c/h2>\n\u003cp>Terry Wiley and Pamela Price are competing for the seat previously held by Nancy O’Malley, who was Alameda County’s district attorney for 13 years.\u003c/p>\n\u003cp>Candidates \u003ca href=\"https://oaklandside.org/2022/06/07/alameda-county-district-attorney-primary-election-results-2022/\">Pamela Price and Terry Wiley\u003c/a> both raised nearly half of their total fundraising this year in the last three months.\u003c/p>\n\u003cp>Terry Wiley is clearly out-fundraising Pamela Price, having raised just over $581,612 since the year began, more than $200,000 more than what Price raised in that same time period, roughly $314,580.\u003c/p>\n\u003cp>Moving into the final month before the election, Wiley has $173,560 on hand. Price has less to work with, counting $86,357 in hand and $92,875 in outstanding debt.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "From Gov. Gavin Newsom's gubernatorial race to San Francisco District Attorney Brooke Jenkins' move to win elected office, a look at the campaign finance totals in California and local races as of Oct. 1. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The end of September marks a major milestone in campaigns across California, as legal deadlines require candidates’ campaigns to reveal how much money they’ve raised over the past few months, tallying that alongside expenses.\u003c/p>\n\u003cp>Below is a roundup of some key races both large and small — from Gov. Gavin Newsom defending his job against his Republican challenger, to Board of Supervisors races in the city of San Francisco.\u003c/p>\n\u003cp>While we’re focusing on campaign finance in the coverage below, we’ve also got extensive reporting of candidates’ positions on top issues in our \u003ca href=\"https://www.kqed.org/voterguide\">KQED Election 2022 California Voter Guide.\u003c/a> Be sure to read it if you want to know what each candidate intends to do in office.\u003c/p>\n\u003ch2>Governor\u003c/h2>\n\u003cp>The governor’s race might top the ballot in November but the latest fundraising totals show why the contest between \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1414018&session=2021\">Gov. Gavin Newsom\u003c/a> and \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1444621&session=2021\">State Senator Brian Dahle\u003c/a> isn’t attracting much attention.\u003c/p>\n\u003cp>You’d expect a Democratic governor to outraise a Republican counterpart, but the numbers show how the state and national Republican parties are ignoring this race.\u003c/p>\n\u003cp>Newsom reports raising $2.1 million in the third quarter of 2022, bringing his total for the year to nearly $9 million. He has a whopping $23.2 million cash on hand.\u003c/p>\n\u003cp>By comparison, Dahle reports raising $590,579 in the last three months for a total of just over $2 million for the year. He has just $408,741 to spend between now and the November election.\u003c/p>\n\u003cp>In other words, Newsom has almost 57 times more cash than Dahle.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>State Controller\u003c/h2>\n\u003cp>In the race to succeed termed-out State Controller Betty Yee, it’s the Republican candidate who has the huge cash advantage.\u003c/p>\n\u003cp>\u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1439261&session=2021&psort=AMOUNT&view=general\">Lanhee Chen\u003c/a>, a Stanford scholar and GOP political advisor who worked on the presidential campaigns of Mitt Romney and George W. Bush, reports raising $4.15 million overall, including $1.14 million in the third quarter. He has just over $3 million cash on hand.\u003c/p>\n\u003cp>By comparison, \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1437983&session=2021\">Democrat Malia Cohen\u003c/a> has raised $1.2 million in all of 2022, including $559,943 in the third quarter, with a relatively small $529,468 cash on hand.\u003c/p>\n\u003cp>Chen will need every penny of that cash and more to overcome the structural deficit his party faces among registered voters in California. As of May, the breakdown is roughly 47% registered Democratic, 24% Republican and 23% no party preference voters.\u003c/p>\n\u003cp>These financial reports do not include independent expenditures made for or against these candidates.\u003c/p>\n\u003ch2>Bay Area Mayor Races\u003c/h2>\n\u003cp>Filings also show spending ramping up in the region’s two high-profile mayor races, in San Jose and Oakland.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11915899/cindy-chavez-and-matt-mahan-headed-to-runoff-in-san-jose-mayoral-race\">The two contenders for the top job in San Jose\u003c/a>, City Council member Matt Mahan and Santa Clara County Supervisor Cindy Chavez, both enter the final stretch of the campaign with ample war chests. Mahan reported raising $672,914 over the summer, while Chavez brought in close to $557,679. With just over a week until voting begins, Chavez is sitting on over $458,282 while Mahan reported nearly $444,552 on hand.\u003c/p>\n\u003cp>During the primary, voters saw a deluge of spending from outside groups: Labor unions spent heavily in support of Chavez while current Mayor Sam Liccardo recruited business and developer dollars into his super PAC supporting Mahan. The outside spending cooled off over the summer, but filings this week show that could change. On Tuesday, the San Francisco 49ers dropped a whopping $420,000 into their committee backing Chavez.\u003c/p>\n\u003cp>In Oakland, filings show City Council members Loren Taylor and Sheng Thao emerging as the leading fundraisers in the 10-candidate field. So far this year, Taylor has raised $266,141 and spent $168,143, ending the filing period with $276,602 on hand. Thao has raised $242,700, spent $209,841 and reported $161,693 on hand.\u003c/p>\n\u003cp>So far, Thao has been the beneficiary of outside spending by a group called “Working Families for a Better Oakland,” which is bankrolled by some of the region’s leading labor unions. The committee reported spending $190,271 to support Thao’s run.\u003c/p>\n\u003ch2>San Francisco District Attorney Race\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11918804/breed-taps-boudin-critic-brooke-jenkins-as-new-san-francisco-da\">District Attorney Brooke Jenkins\u003c/a> has outraised her opponents in the election for San Francisco district attorney, the newest numbers show — though, with a caveat.\u003c/p>\n\u003cp>Jenkins, the tough-on-crime district attorney appointed by Mayor London Breed to replace progressive DA Chesa Boudin after he was recalled, raised $126,000 through the end of September. Her challenger from the left, former police commissioner John Hamasaki, raised $87,000, and another former police commissioner, and former fire commissioner, Joe Alioto Veronese, raised $56,000.\u003c/p>\n\u003cp>While that may make it seem like Alioto Veronese is trailing behind in fundraising, this is where things get a little muddy.\u003c/p>\n\u003cp>In a tweet, Friday, Alioto Veronese claimed he raised more money than Jenkins and Hamasaki.\u003c/p>\n\u003cp>“Early results of our campaign fundraiser are in and they’re good. We’ve outraised incumbent DA @BrookeUnionCity two-to-one and public defender @HamasakiLaw three-to-one. The momentum is strong in this one!” he wrote, \u003ca href=\"https://twitter.com/joeavero/status/1575938538121592841\">on Twitter\u003c/a>.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>That’s only half-true.\u003c/p>\n\u003cp>If you count the money he’s been raising since the start of the year — well before his opponents declared their intention to run in the race — then yes, he did outraise them financially. Veronese started his 2023 campaign committee in January this year. Jenkins started her campaign committee mid-July, and Hamasaki started in mid-August.\u003c/p>\n\u003cp>But recent contributions are arguably the best indicator of momentum. Measured in that way, Jenkins is handily leading the pack, with Hamasaki close behind, and Alioto Veronese in the dust.\u003c/p>\n\u003cp>Similar to Alioto Veronese, on Twitter, \u003ca href=\"https://twitter.com/HamasakiLaw/status/1575932326063722497\">Hamasaki touted\u003c/a> raising more than Jenkins in the period in which he raised money, since he filed to run later than Jenkins — not counting the total money she raised the month before. Maggie Muir, a campaign consultant for Jenkins, said Alioto Veronese and Hamasaki’s campaigns played fast and loose with the numbers.\u003c/p>\n\u003cp>“Hamasaki doesn’t seem to understand simple math. Joe Alioto Veronese is potentially illegally double dipping, counting the same donors twice. These two need to go back to school,” she said.\u003c/p>\n\u003cp>Speaking to KQED, Alioto Veronese countered that much of the funding from his older campaign accounts, though not all of it, can be transferred to the new one.\u003c/p>\n\u003cp>Last note: Some independent groups have raised their own money to support candidates. Most notably, the Alice B. Toklas LGBTQ Democratic Club has a cash balance of $41,492 to spend on candidates. They solely endorsed Jenkins for district attorney — expect to see her on their mailers advertising candidates to vote for. They’ve already spent roughly $5,000 on a billboard for her.\u003c/p>\n\u003ch2>San Francisco Board of Supervisors District 6 and District 4\u003c/h2>\n\u003cp>In the race to represent San Francisco’s District 6, including downtown, South of Market, Mission Bay, and Treasure Island neighborhoods, among others, candidate Honey Mahogany is leading, though not overwhelmingly.\u003c/p>\n\u003cp>Mahogany, a former aide to former supervisor and current Assembly member Matt Haney, has raised $389,000 so far. That sees Mahogany outraising the recently appointed District 6 Supervisor Matt Dorsey, who counts $348,000 in the bank. Roughly half of each of their contributions are through public financing provided by the city.\u003c/p>\n\u003cp>Accounting for how much they’ve spent already promoting their campaigns, Mahogany has a fairly sizable chunk of cash left in the bank relative to her opponent, with $233,000 compared to Dorsey’s $177,000.\u003c/p>\n\u003cp>And in the election to represent the Sunset, Parkside, and other west side neighborhoods of San Francisco’s District 4, challenger Joel Engardio has raised $376,000 compared to incumbent Supervisor Gordon Mar, who has raised $308,000. More than half of those funds for each candidate came from public financing provided by the city.\u003c/p>\n\u003cp>As far as fundraising from voters — an often-times helpful indicator on voter support — Engardio raised $120,000 this year through September, and Mar raised $92,000. Engardio is hoping to generate momentum based on his support for the recall in the district, which records show voted overwhelmingly to remove Boudin.\u003c/p>\n\u003cp>Lastly, \u003ca href=\"https://www.kqed.org/news/11924844/judge-bars-former-sf-supervisor-candidate-leanna-louie-from-appearing-on-november-ballot\">though she was stricken from the ballot by a judge\u003c/a> in early September for not living in the district she intended to represent in the required time period, former candidate Leanne Louie had previously raised $41,000, records show.\u003c/p>\n\u003ch2>Alameda County District Attorney\u003c/h2>\n\u003cp>Terry Wiley and Pamela Price are competing for the seat previously held by Nancy O’Malley, who was Alameda County’s district attorney for 13 years.\u003c/p>\n\u003cp>Candidates \u003ca href=\"https://oaklandside.org/2022/06/07/alameda-county-district-attorney-primary-election-results-2022/\">Pamela Price and Terry Wiley\u003c/a> both raised nearly half of their total fundraising this year in the last three months.\u003c/p>\n\u003cp>Terry Wiley is clearly out-fundraising Pamela Price, having raised just over $581,612 since the year began, more than $200,000 more than what Price raised in that same time period, roughly $314,580.\u003c/p>\n\u003cp>Moving into the final month before the election, Wiley has $173,560 on hand. Price has less to work with, counting $86,357 in hand and $92,875 in outstanding debt.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Chesa Boudin, who served as San Francisco’s district attorney for 2.5 years until voters recalled him in June, announced Thursday via Twitter that he would not be a candidate for DA in the November election.\u003c/p>\n\u003cp>After voters passed Proposition H by 55% to 45% recalling Boudin from office, some thought he might be tempted to run again, a possibility he initially refused to rule out.\u003c/p>\n\u003cp>But in a long Twitter thread, Boudin cited concerns about his family in taking himself out of contention.\u003c/p>\n\u003cp>https://twitter.com/chesaboudin/status/1555228423487983617?s=20&t=1vRt0yfcLX3d38mUiyJ0DA\u003c/p>\n\u003cp>“I’m committed to criminal justice reform; I’m also committed to my family,” Boudin tweeted. “My son is on the verge of taking his first step and speaking his first word. My wife’s research on Multiple Sclerosis at UCSF deserves the same support she has offered my work. My elderly father just came home from prison after more than 40 years.”\u003c/p>\n\u003cp>Saying he was still committed to the kind of criminal justice reform he enacted as DA, Boudin said “I’m putting my family first.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After the recall, Mayor London Breed named Brooke Jenkins, a former deputy DA who quit the office to help with the recall. And Jenkins has wasted no time reversing some of Boudin’s policies.\u003c/p>\n\u003cp>On Wednesday for example, Jenkins announced she was revoking what she called more than 30 “lenient” plea deals Boudin offered to people arrested for selling drugs like fentanyl.\u003c/p>\n\u003cp>“Open-air drug markets have ravaged our city, especially neighborhoods like the Tenderloin and south of Market. We cannot stand by while these neighborhoods continue to suffer with violence and drug dealing happening openly on their streets,” Jenkins said. “My new policy will prohibit drug dealers arrested with more than five grams of fentanyl or a controlled substance from being referred to our Community Justice Court, which has been abused for the last two-and-a-half years.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Chesa Boudin, former SF District Attorney\"]‘I am gravely concerned by what I’ve seen from the current, appointed District Attorney. We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.’[/pullquote]\u003c/p>\n\u003cp>Jenkins also announced that unlike her predecessor, she would consider enhanced charges for people caught selling drugs within 1,000 feet of schools.\u003c/p>\n\u003cp>While Jenkins insists she supports criminal justice reform and agrees that the so-called “War on Drugs” was a failure, she said her new policy is mostly reverting back to practices in place before Boudin took office and would target sellers, not users of illegal drugs.\u003c/p>\n\u003cp>Nonetheless, in his Twitter thread Boudin expressed doubts about the new direction his successor was taking.\u003c/p>\n\u003cp>“I am gravely concerned by what I’ve seen from the current, appointed District Attorney,” he said. “We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.”\u003c/p>\n\u003cp>Supporters of reform, including Boudin’s former chief-of-staff Cristine Soto DeBerry, said locking up sellers would not solve the problem of open-air drug dealing. The real solution, said DeBerry, was more treatment beds to address addiction.\u003c/p>\n\u003cp>“That approach does not work,” DeBerry said. “As we have seen literally now for 40 years, where there is a demand for the substance there will be a supply.”[aside postID=\"news_11919770,news_11918804,news_11916212\" label=\"Related Coverage\"]It may take years to know whether a tougher approach to crimes like drug dealing will really work. Meanwhile, Breed is cheering the change in tone coming from the new DA.\u003c/p>\n\u003cp>“Fentanyl is a deadly drug that is driving overdoses in our city. We are a city that believes in second chances, but we also cannot accept the open-air drug markets in San Francisco. Accountability has to be part of the equation,” Breed said on Twitter in support of Jenkins.\u003c/p>\n\u003cp>By taking himself out of the DA race, Boudin might be sparing the city a nasty and divisive campaign in the fall. As of Thursday, two other candidates will challenge Jenkins — civil rights attorney Joe Alioto Veronese and Maurice Chenier, according to the San Francisco Department of Elections website.\u003c/p>\n\u003cp>The deadline for filing papers to run for DA is Aug. 12.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Chesa Boudin, who served as San Francisco’s district attorney for 2.5 years until voters recalled him in June, announced Thursday via Twitter that he would not be a candidate for DA in the November election.\u003c/p>\n\u003cp>After voters passed Proposition H by 55% to 45% recalling Boudin from office, some thought he might be tempted to run again, a possibility he initially refused to rule out.\u003c/p>\n\u003cp>But in a long Twitter thread, Boudin cited concerns about his family in taking himself out of contention.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“I’m committed to criminal justice reform; I’m also committed to my family,” Boudin tweeted. “My son is on the verge of taking his first step and speaking his first word. My wife’s research on Multiple Sclerosis at UCSF deserves the same support she has offered my work. My elderly father just came home from prison after more than 40 years.”\u003c/p>\n\u003cp>Saying he was still committed to the kind of criminal justice reform he enacted as DA, Boudin said “I’m putting my family first.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After the recall, Mayor London Breed named Brooke Jenkins, a former deputy DA who quit the office to help with the recall. And Jenkins has wasted no time reversing some of Boudin’s policies.\u003c/p>\n\u003cp>On Wednesday for example, Jenkins announced she was revoking what she called more than 30 “lenient” plea deals Boudin offered to people arrested for selling drugs like fentanyl.\u003c/p>\n\u003cp>“Open-air drug markets have ravaged our city, especially neighborhoods like the Tenderloin and south of Market. We cannot stand by while these neighborhoods continue to suffer with violence and drug dealing happening openly on their streets,” Jenkins said. “My new policy will prohibit drug dealers arrested with more than five grams of fentanyl or a controlled substance from being referred to our Community Justice Court, which has been abused for the last two-and-a-half years.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jenkins also announced that unlike her predecessor, she would consider enhanced charges for people caught selling drugs within 1,000 feet of schools.\u003c/p>\n\u003cp>While Jenkins insists she supports criminal justice reform and agrees that the so-called “War on Drugs” was a failure, she said her new policy is mostly reverting back to practices in place before Boudin took office and would target sellers, not users of illegal drugs.\u003c/p>\n\u003cp>Nonetheless, in his Twitter thread Boudin expressed doubts about the new direction his successor was taking.\u003c/p>\n\u003cp>“I am gravely concerned by what I’ve seen from the current, appointed District Attorney,” he said. “We have heard no assurances that the successful programs we’ve implemented will continue, and indeed, we see worrying signs every day as progress is rolled back.”\u003c/p>\n\u003cp>Supporters of reform, including Boudin’s former chief-of-staff Cristine Soto DeBerry, said locking up sellers would not solve the problem of open-air drug dealing. The real solution, said DeBerry, was more treatment beds to address addiction.\u003c/p>\n\u003cp>“That approach does not work,” DeBerry said. “As we have seen literally now for 40 years, where there is a demand for the substance there will be a supply.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>It may take years to know whether a tougher approach to crimes like drug dealing will really work. Meanwhile, Breed is cheering the change in tone coming from the new DA.\u003c/p>\n\u003cp>“Fentanyl is a deadly drug that is driving overdoses in our city. We are a city that believes in second chances, but we also cannot accept the open-air drug markets in San Francisco. Accountability has to be part of the equation,” Breed said on Twitter in support of Jenkins.\u003c/p>\n\u003cp>By taking himself out of the DA race, Boudin might be sparing the city a nasty and divisive campaign in the fall. As of Thursday, two other candidates will challenge Jenkins — civil rights attorney Joe Alioto Veronese and Maurice Chenier, according to the San Francisco Department of Elections website.\u003c/p>\n\u003cp>The deadline for filing papers to run for DA is Aug. 12.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cb>San Francisco District Attorney Brooke Jenkins\u003c/b>\u003cb>\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Last week, San Francisco Mayor London Breed appointed Brooke Jenkins as the city’s new district attorney, after former DA Chesa Boudin was ousted in a contentious recall election. Jenkins worked for Boudin as a prosecutor, but quit in protest over some of his decisions, and joined the effort to recall Boudin as lead spokesperson. Now that she’s got her former boss’s job, Jenkins has said she wants to review dozens of former drug cases and may overturn decisions made by her predecessor.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Assemblymember Phil Ting’s New Gun Control Law\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">There have been more than 300 mass shootings in the United States so far this year, according to the \u003c/span>\u003ca href=\"https://www.gunviolencearchive.org/reports/mass-shooting\">\u003cspan style=\"font-weight: 400\">Gun Violence Archive\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003cspan style=\"font-weight: 400\">California lawmakers have acted swiftly to respond to these recent events and pushed through a new package of gun control laws. We talk to state Assemblymember Phil Ting, D-San Francisco, about the new law he authored, which carves a pathway to sue gun makers. \u003c/span>\u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">The first six months of the year have been the driest in California’s recorded history, setting us up for a serious wildfire season. Crews have been battling wildfire in Yosemite National Park, where a big blaze has threatened ancient sequoias. We tackle this and more of the week’s big stories with our panel of reporters.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests: \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Kevin Stark, KQED climate editor\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Grace Toohey, Los Angeles Times breaking news reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>James Webb Telescope\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Nearly a million miles away, an array of 18 hexagonal mirrors made from rare metals is capturing stunning images of our universe. There’s a special California connection to the James Webb Telescope: It was partly assembled in Southern California, and many Californian engineers worked on the project for years. This week’s Something Beautiful showcases the story of this remarkable piece of technology that taps into our collective human spirit of invention, exploration and wonder.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>San Francisco District Attorney Brooke Jenkins\u003c/b>\u003cb>\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Last week, San Francisco Mayor London Breed appointed Brooke Jenkins as the city’s new district attorney, after former DA Chesa Boudin was ousted in a contentious recall election. Jenkins worked for Boudin as a prosecutor, but quit in protest over some of his decisions, and joined the effort to recall Boudin as lead spokesperson. Now that she’s got her former boss’s job, Jenkins has said she wants to review dozens of former drug cases and may overturn decisions made by her predecessor.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Assemblymember Phil Ting’s New Gun Control Law\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">There have been more than 300 mass shootings in the United States so far this year, according to the \u003c/span>\u003ca href=\"https://www.gunviolencearchive.org/reports/mass-shooting\">\u003cspan style=\"font-weight: 400\">Gun Violence Archive\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003cspan style=\"font-weight: 400\">California lawmakers have acted swiftly to respond to these recent events and pushed through a new package of gun control laws. We talk to state Assemblymember Phil Ting, D-San Francisco, about the new law he authored, which carves a pathway to sue gun makers. \u003c/span>\u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">The first six months of the year have been the driest in California’s recorded history, setting us up for a serious wildfire season. Crews have been battling wildfire in Yosemite National Park, where a big blaze has threatened ancient sequoias. We tackle this and more of the week’s big stories with our panel of reporters.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests: \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Kevin Stark, KQED climate editor\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Grace Toohey, Los Angeles Times breaking news reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>James Webb Telescope\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Nearly a million miles away, an array of 18 hexagonal mirrors made from rare metals is capturing stunning images of our universe. There’s a special California connection to the James Webb Telescope: It was partly assembled in Southern California, and many Californian engineers worked on the project for years. This week’s Something Beautiful showcases the story of this remarkable piece of technology that taps into our collective human spirit of invention, exploration and wonder.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>San Francisco Mayor London Breed on Thursday tapped Brooke Jenkins to be the city’s next district attorney, choosing a homicide prosecutor who left the DA’s office last year and became a \u003ca href=\"https://twitter.com/BrookeJenkinsSF/status/1533282427493183488\">leading critic of her former boss Chesa Boudin\u003c/a>.\u003c/p>\n\u003cp>The appointment comes a month after \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">55% of voters in the city opted to recall Boudin from office\u003c/a>, midway through his first term.\u003c/p>\n\u003cp>Jenkins described herself as a “progressive prosecutor,” but also said she intended to rebalance the office’s approach to crime and punishment.\u003c/p>\n\u003cp>“As a Black and Latina woman, I have seen the imbalances and disproportionate impacts of our criminal justice firsthand,” Jenkins said at a City Hall press conference Thursday evening, after Breed introduced her. “I have had family members on both sides of the courtroom. My family has seen and felt the impacts of police violence. The inequity in the criminal justice system is not theoretical to me. It is part of my lived experience. Working together, I know we can make San Francisco a stronger, safer and more just place.”\u003c/p>\n\u003cp>In an interview with KQED in April, Jenkins criticized Boudin’s charging decisions and said the plea deals he made were often far too lenient.\u003c/p>\n\u003cp>[aside postID=\"news_11916212\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/Image-from-iOS-5-1020x680.jpg\"]“When you execute a plea deal, it needs to be one that’s responsible. Right? It needs to be one that’s proportionate to your criminal history and your current crime, and it needs to also put you in a position not to reoffend,” she said.\u003c/p>\n\u003cp>Jenkins also found fault with what she saw as Boudin’s rigid adherence to progressive policies.\u003c/p>\n\u003cp>“Much of the issue with Chesa that I see is that refusal to change course, even when he sees policies aren’t working,” she said. “Even when the public is screaming out, ‘Hey, we support reform, but this type of reform is not effective in balancing public safety.’”\u003c/p>\n\u003cp>Jenkins now inherits \u003ca href=\"https://www.sfchronicle.com/sf/bayarea/heatherknight/article/She-s-a-progressive-homicide-prosecutor-who-16556274.php\">an office she once called “a sinking ship.”\u003c/a> On Thursday, she acknowledged that lingering instability, vowing to “restore office morale to a much higher place,” and pledging equal treatment for DA prosecutors hired before and after Boudin’s arrival.\u003c/p>\n\u003cp>Breed emphasized that Jenkins, like Boudin, is committed to criminal justice reform. “This is not just about locking people up and throwing away the key,” she said. “This is not what we’re about in this city. This is about striking a balance and doing what’s right.”\u003c/p>\n\u003cp>Of the numerous candidates Breed interviewed for the job, Jenkins “stood out” as someone who not only recognized the need for compassion and understanding in the prosecutorial process, but also prioritized accountability and justice, the mayor said. “That balance of fairness is what made her stand apart.”\u003c/p>\n\u003cp>Jenkins, 40, was born and raised in the Bay Area and worked in private practice before joining the DA’s office in 2014 as a prosecutor in the misdemeanors unit. She worked her way up to the general felonies unit, where she prosecuted hate crimes for nearly two years, and then served in the homicide unit until her resignation in protest last fall.\u003c/p>\n\u003cfigure id=\"attachment_11919024\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11919024 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1.jpg\" alt=\"A smiling woman covered in shadow walks across a room.\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brooke Jenkins, Mayor London Breed’s pick for district attorney, enters a press conference at City Hall on July 7, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Set to be sworn in Friday, she will take over an office that has seen more than its share of turnover in recent years. Former DA Kamala Harris left the position to become California Attorney General in 2011, and her replacement, George Gascón, resigned in 2019 to run for Los Angeles DA.\u003c/p>\n\u003cp>Cristine Soto DeBerry, executive director of the progressive Prosecutors Alliance of California, and a Boudin supporter, said the new DA’s first task should be preventing a mass exodus of attorneys.\u003c/p>\n\u003cp>“It’s better for victims and survivors of crime to not have a lot of turnover of their case from one lawyer to the next and one advocate to the next,” she said.\u003c/p>\n\u003cp>Jenkins, however, won’t have much time to get comfortable in the job. In November, voters will decide whether she or another candidate fills out the remaining year in Boudin’s term. If she wins, Jenkins will face voters again in 2023 if she decides to seek a full four-year term.\u003c/p>\n\u003cp>According to a source familiar with the process, the mayor has spent “every day” since last month’s recall election thinking about this appointment, and held more than a dozen meetings at City Hall with community groups, former DA office staff, judges and various law enforcement officials. She also met with advocates for crime victims, as well as supporters and opponents of Boudin’s recall, the source said.\u003c/p>\n\u003cp>Breed reportedly asked potential appointees for their take on issues such as how to prosecute domestic violence, drug arrests and weapons charges. According to the mayor’s office, Breed wanted someone with prosecutorial experience who also was a supporter of criminal justice reform.\u003c/p>\n\u003cp>Although Breed did not take a formal position on Boudin’s recall, she had openly criticized his leadership, and it was evident she supported his removal from office, two-and-a-half years after he edged out her handpicked appointee, Suzy Loftus, in a very close election.\u003c/p>\n\u003cfigure id=\"attachment_11919059\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11919059\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut.jpg\" alt=\"Mayor London Breed stands at a podium, her right hand extended,with a California and American flag behind her, introducing Brooke Jenkins - standing to her right — as San Francisco's new district attorney.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">New San Francisco district attorney Brooke Jenkins listens to Mayor London Breed introduce her during a press conference at City Hall on July 7, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition to Jenkins, the mayor also reportedly considered Alameda County Deputy District Attorney Nancy Tung, who ran unsuccessfully for the job in 2019. Other potential candidates included SF Superior Court Judge Eric Fleming, a former prosecutor in the DA’s office, and Supervisor Catherine Stefani, who endorsed Boudin’s recall.\u003c/p>\n\u003cp>Efforts to recall Boudin, a progressive reformer, began not long after he took office in 2020, just as the pandemic began turning life upside down. San Francisco’s courts were included in the mass shutdown of in-person government operations, resulting in much slower prosecutions and resolutions of pending cases.\u003c/p>\n\u003cp>Boudin’s tenure also coincided with a sharp rise in anti-Asian hate crimes — both in San Francisco and across the country — as well as viral videos of organized “smash-and-grab” incidents at upscale stores in Union Square that fueled a general but often unfounded perception that crime was rising and Boudin was to blame.\u003c/p>\n\u003cp>“I think people being alone, people being isolated and existing through social media kind of led to a heightened sense that our city wasn’t safe, and [Boudin] took the blame for it,” said former police commissioner and recall opponent John Hamasaki. “He took the fall for it.”\u003c/p>\n\u003cp>Hamasaki, who was a strong critic of the San Francisco Police Department while he served as commissioner, noted that although the recall was framed by national media as a referendum on Boudin’s progressive policies, “within the recall crowd, there was never any specificity as to what they wanted — just that Boudin is doing a bad job and needs to be recalled.”\u003c/p>\n\u003cp>Indeed, shortly after the election, Breed insisted that she was not looking for a DA who would turn away from criminal justice reforms, which are broadly popular in San Francisco.\u003c/p>\n\u003cp>That sentiment was echoed by DeBerry.[aside label=\"Related Stories\" postID=\"news_11916701,news_11913102,news_11908825\"]“I think it would be extremely unfortunate for San Francisco to move away from reform,” she said. “There has been a long history in this city and county of looking for better approaches [than tough-on-crime policies] to creating safety.”\u003c/p>\n\u003cp>While \u003ca href=\"https://twitter.com/LondonBreed/status/1470830101348577285\">Breed has been critical of what she sees as the city’s lax response to crime\u003c/a>, the DA can only prosecute suspects that the SFPD actually arrest. Many city officials and residents have criticized the police department for its extremely low arrest rates for common crimes like auto break-ins.\u003c/p>\n\u003cp>But attorney Doug Chan, who supported the recall, said that, within the Chinese community, “the perception was that the continued tenure of Chesa Boudin in the DA’s office constituted, in effect, a public health hazard.”\u003c/p>\n\u003cp>In fact, post-election analyses showed that some of the highest levels of support for the recall came in neighborhoods with large percentages of Asian American voters.\u003c/p>\n\u003cp>“I don’t believe there is a great groundswell of support in this town, in the Chinese community, to jail our way out of the issue,” Chan said. But, he added, “there has to be a better means of holding individuals accountable for doing bad acts out on the streets and for injury and, in some cases, even death.”\u003c/p>\n\u003cp>Boudin, who had been a public defender but never a prosecutor, kept many of his campaign promises, including his increased reliance on diversion programs as alternatives to prosecution and incarceration, and of holding police accountable for misconduct.\u003c/p>\n\u003cp>Now that Breed has made her choice for the city’s top prosecutor, she will own perceptions, as well as realities, about crime in the city and how police, the DA and the courts are responding to it.\u003c/p>\n\u003cp>Boudin has not ruled out another run for the office, which would set up an epic clash and likely more hyperbolic coverage of San Francisco by national media outlets.\u003c/p>\n\u003cp>Assuming Jenkins wins in November, she will be on the ballot with Breed as the mayor seeks reelection in 2023, and Breed will no doubt do everything she can to help her succeed.[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco Mayor London Breed on Thursday tapped Brooke Jenkins to be the city’s next district attorney, choosing a homicide prosecutor who left the DA’s office last year and became a \u003ca href=\"https://twitter.com/BrookeJenkinsSF/status/1533282427493183488\">leading critic of her former boss Chesa Boudin\u003c/a>.\u003c/p>\n\u003cp>The appointment comes a month after \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">55% of voters in the city opted to recall Boudin from office\u003c/a>, midway through his first term.\u003c/p>\n\u003cp>Jenkins described herself as a “progressive prosecutor,” but also said she intended to rebalance the office’s approach to crime and punishment.\u003c/p>\n\u003cp>“As a Black and Latina woman, I have seen the imbalances and disproportionate impacts of our criminal justice firsthand,” Jenkins said at a City Hall press conference Thursday evening, after Breed introduced her. “I have had family members on both sides of the courtroom. My family has seen and felt the impacts of police violence. The inequity in the criminal justice system is not theoretical to me. It is part of my lived experience. Working together, I know we can make San Francisco a stronger, safer and more just place.”\u003c/p>\n\u003cp>In an interview with KQED in April, Jenkins criticized Boudin’s charging decisions and said the plea deals he made were often far too lenient.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“When you execute a plea deal, it needs to be one that’s responsible. Right? It needs to be one that’s proportionate to your criminal history and your current crime, and it needs to also put you in a position not to reoffend,” she said.\u003c/p>\n\u003cp>Jenkins also found fault with what she saw as Boudin’s rigid adherence to progressive policies.\u003c/p>\n\u003cp>“Much of the issue with Chesa that I see is that refusal to change course, even when he sees policies aren’t working,” she said. “Even when the public is screaming out, ‘Hey, we support reform, but this type of reform is not effective in balancing public safety.’”\u003c/p>\n\u003cp>Jenkins now inherits \u003ca href=\"https://www.sfchronicle.com/sf/bayarea/heatherknight/article/She-s-a-progressive-homicide-prosecutor-who-16556274.php\">an office she once called “a sinking ship.”\u003c/a> On Thursday, she acknowledged that lingering instability, vowing to “restore office morale to a much higher place,” and pledging equal treatment for DA prosecutors hired before and after Boudin’s arrival.\u003c/p>\n\u003cp>Breed emphasized that Jenkins, like Boudin, is committed to criminal justice reform. “This is not just about locking people up and throwing away the key,” she said. “This is not what we’re about in this city. This is about striking a balance and doing what’s right.”\u003c/p>\n\u003cp>Of the numerous candidates Breed interviewed for the job, Jenkins “stood out” as someone who not only recognized the need for compassion and understanding in the prosecutorial process, but also prioritized accountability and justice, the mayor said. “That balance of fairness is what made her stand apart.”\u003c/p>\n\u003cp>Jenkins, 40, was born and raised in the Bay Area and worked in private practice before joining the DA’s office in 2014 as a prosecutor in the misdemeanors unit. She worked her way up to the general felonies unit, where she prosecuted hate crimes for nearly two years, and then served in the homicide unit until her resignation in protest last fall.\u003c/p>\n\u003cfigure id=\"attachment_11919024\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11919024 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1.jpg\" alt=\"A smiling woman covered in shadow walks across a room.\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/001_KQED_DABrookeJenkins_07072022-1-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brooke Jenkins, Mayor London Breed’s pick for district attorney, enters a press conference at City Hall on July 7, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Set to be sworn in Friday, she will take over an office that has seen more than its share of turnover in recent years. Former DA Kamala Harris left the position to become California Attorney General in 2011, and her replacement, George Gascón, resigned in 2019 to run for Los Angeles DA.\u003c/p>\n\u003cp>Cristine Soto DeBerry, executive director of the progressive Prosecutors Alliance of California, and a Boudin supporter, said the new DA’s first task should be preventing a mass exodus of attorneys.\u003c/p>\n\u003cp>“It’s better for victims and survivors of crime to not have a lot of turnover of their case from one lawyer to the next and one advocate to the next,” she said.\u003c/p>\n\u003cp>Jenkins, however, won’t have much time to get comfortable in the job. In November, voters will decide whether she or another candidate fills out the remaining year in Boudin’s term. If she wins, Jenkins will face voters again in 2023 if she decides to seek a full four-year term.\u003c/p>\n\u003cp>According to a source familiar with the process, the mayor has spent “every day” since last month’s recall election thinking about this appointment, and held more than a dozen meetings at City Hall with community groups, former DA office staff, judges and various law enforcement officials. She also met with advocates for crime victims, as well as supporters and opponents of Boudin’s recall, the source said.\u003c/p>\n\u003cp>Breed reportedly asked potential appointees for their take on issues such as how to prosecute domestic violence, drug arrests and weapons charges. According to the mayor’s office, Breed wanted someone with prosecutorial experience who also was a supporter of criminal justice reform.\u003c/p>\n\u003cp>Although Breed did not take a formal position on Boudin’s recall, she had openly criticized his leadership, and it was evident she supported his removal from office, two-and-a-half years after he edged out her handpicked appointee, Suzy Loftus, in a very close election.\u003c/p>\n\u003cfigure id=\"attachment_11919059\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11919059\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut.jpg\" alt=\"Mayor London Breed stands at a podium, her right hand extended,with a California and American flag behind her, introducing Brooke Jenkins - standing to her right — as San Francisco's new district attorney.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/RS57119_005_KQED_DABrookeJenkins_07072022-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">New San Francisco district attorney Brooke Jenkins listens to Mayor London Breed introduce her during a press conference at City Hall on July 7, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition to Jenkins, the mayor also reportedly considered Alameda County Deputy District Attorney Nancy Tung, who ran unsuccessfully for the job in 2019. Other potential candidates included SF Superior Court Judge Eric Fleming, a former prosecutor in the DA’s office, and Supervisor Catherine Stefani, who endorsed Boudin’s recall.\u003c/p>\n\u003cp>Efforts to recall Boudin, a progressive reformer, began not long after he took office in 2020, just as the pandemic began turning life upside down. San Francisco’s courts were included in the mass shutdown of in-person government operations, resulting in much slower prosecutions and resolutions of pending cases.\u003c/p>\n\u003cp>Boudin’s tenure also coincided with a sharp rise in anti-Asian hate crimes — both in San Francisco and across the country — as well as viral videos of organized “smash-and-grab” incidents at upscale stores in Union Square that fueled a general but often unfounded perception that crime was rising and Boudin was to blame.\u003c/p>\n\u003cp>“I think people being alone, people being isolated and existing through social media kind of led to a heightened sense that our city wasn’t safe, and [Boudin] took the blame for it,” said former police commissioner and recall opponent John Hamasaki. “He took the fall for it.”\u003c/p>\n\u003cp>Hamasaki, who was a strong critic of the San Francisco Police Department while he served as commissioner, noted that although the recall was framed by national media as a referendum on Boudin’s progressive policies, “within the recall crowd, there was never any specificity as to what they wanted — just that Boudin is doing a bad job and needs to be recalled.”\u003c/p>\n\u003cp>Indeed, shortly after the election, Breed insisted that she was not looking for a DA who would turn away from criminal justice reforms, which are broadly popular in San Francisco.\u003c/p>\n\u003cp>That sentiment was echoed by DeBerry.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“I think it would be extremely unfortunate for San Francisco to move away from reform,” she said. “There has been a long history in this city and county of looking for better approaches [than tough-on-crime policies] to creating safety.”\u003c/p>\n\u003cp>While \u003ca href=\"https://twitter.com/LondonBreed/status/1470830101348577285\">Breed has been critical of what she sees as the city’s lax response to crime\u003c/a>, the DA can only prosecute suspects that the SFPD actually arrest. Many city officials and residents have criticized the police department for its extremely low arrest rates for common crimes like auto break-ins.\u003c/p>\n\u003cp>But attorney Doug Chan, who supported the recall, said that, within the Chinese community, “the perception was that the continued tenure of Chesa Boudin in the DA’s office constituted, in effect, a public health hazard.”\u003c/p>\n\u003cp>In fact, post-election analyses showed that some of the highest levels of support for the recall came in neighborhoods with large percentages of Asian American voters.\u003c/p>\n\u003cp>“I don’t believe there is a great groundswell of support in this town, in the Chinese community, to jail our way out of the issue,” Chan said. But, he added, “there has to be a better means of holding individuals accountable for doing bad acts out on the streets and for injury and, in some cases, even death.”\u003c/p>\n\u003cp>Boudin, who had been a public defender but never a prosecutor, kept many of his campaign promises, including his increased reliance on diversion programs as alternatives to prosecution and incarceration, and of holding police accountable for misconduct.\u003c/p>\n\u003cp>Now that Breed has made her choice for the city’s top prosecutor, she will own perceptions, as well as realities, about crime in the city and how police, the DA and the courts are responding to it.\u003c/p>\n\u003cp>Boudin has not ruled out another run for the office, which would set up an epic clash and likely more hyperbolic coverage of San Francisco by national media outlets.\u003c/p>\n\u003cp>Assuming Jenkins wins in November, she will be on the ballot with Breed as the mayor seeks reelection in 2023, and Breed will no doubt do everything she can to help her succeed.\u003c/p>\u003c/div>",
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"disqusTitle": "The Troy McAlister Case Is a Flash Point in the Drive to Recall SF DA Chesa Boudin. Should It Be?",
"title": "The Troy McAlister Case Is a Flash Point in the Drive to Recall SF DA Chesa Boudin. Should It Be?",
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"content": "\u003cp>On New Year’s Eve 2020, a man driving a stolen car slammed into 27-year-old Hanako Abe and 60-year-old Elizabeth Platt as the two women were crossing Second and Mission streets in downtown San Francisco, killing both of them.\u003c/p>\n\u003cp>Police identified \u003ca href=\"https://abc7news.com/sf-hit-and-run-troy-mcalister-court-san-francisco-chesa-boudin/9387991/\">Troy McAlister\u003c/a> as the driver, and the deaths of Abe and Platt, allegedly at the hands of a man with a long criminal history, have become a key rallying point in the effort to oust San Francisco District Attorney Chesa Boudin, who faces a recall election on June 7.\u003c/p>\n\u003cp>Critics of the DA point to this case as evidence that Boudin, a former public defender who campaigned on a promise to pursue criminal justice reform, is soft on crime and could have prevented these deaths by keeping McAlister off the streets. The case is featured prominently in \u003ca href=\"https://youtu.be/mGUxZnjOFTc\">a pro-recall ad featuring Abe’s mother\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11914476\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772.jpg\">\u003cimg class=\"size-full wp-image-11914476\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772.jpg\" alt=\"Two hands hold a photo of a young woman.\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hiroko Abe holds a photo of her daughter Hanako Abe, on Jan. 19, 2021. Hanako, 27, was one of two women killed in a 2020 New Year’s Eve hit-and-run crash. \u003ccite>(Santiago Mejia/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There’s no question that choices made by Boudin’s office played a role in McAlister’s trajectory. But numerous other law enforcement agencies — including the state’s parole department, or Division of Adult Parole Operations — also had a hand in a complicated set of decisions that ultimately enabled McAlister to presumably get behind the wheel that night.\u003c/p>\n\u003cp>Below, we look at the timeline of the events leading up to that tragic crash, culled from public records, reports and interviews, and examine the accusations against Boudin and his handling of the case — as well as the response from both the DA and an independent criminal justice expert.\u003c/p>\n\u003ch2>The facts\u003c/h2>\n\u003cp>Troy McAlister grew up in San Francisco and first got into trouble with the law in 1995, at the age of 19, when he was arrested and ultimately convicted of second-degree robbery. He went on to face numerous other charges — including receiving stolen property and grand theft — over the next two decades, much of which he spent revolving in and out of jail and prison.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In July 2015, McAlister was arrested for robbing two women in San Francisco’s Mission District with a toy gun. Facing charges of armed robbery, McAlister had been sitting in San Francisco County Jail for nearly five years, awaiting trial in that case, when Boudin was elected DA in 2019.\u003c/p>\n\u003cp>Because of his past crimes, prosecutors could have charged McAlister with a third strike and tried to send him to prison for 25 years to life, as armed robbery — even with a toy gun — is considered a violent and serious offense in California.\u003c/p>\n\u003cp>But Boudin’s office chose to negotiate a plea deal with McAlister — the way an estimated 90% of criminal cases are resolved in the U.S. In exchange for a guilty plea, the DA’s office reduced the charges against McAlister to second-degree felony robbery.[pullquote align=\"right\" size=\"medium\" citation=\"Don du Bain, former SF assistant DA\"]'As a result of that — of striking all those other charges and prior convictions — he put Troy McAlister back on the street with no treatment, no counseling, nothing, just back on the street in a position where he was able to kill those two women.'[/pullquote]A judge sentenced McAlister to five years, but released him at sentencing, citing the time he had already spent in jail awaiting trial, instead placing him on state parole for two years.\u003c/p>\n\u003cp>But within months, McAlister was back in trouble with the law. Between June and December, he was arrested five times by San Francisco police on suspicion of various property crimes, including driving stolen cars and burglary. In each incident, the DA’s office declined to file charges, saying they didn’t believe the cases brought by police were strong enough to secure a new conviction.\u003c/p>\n\u003cp>Instead, at least after the first four arrests, McAlister was referred back to his state parole agent. The fifth time, after a Dec. 20, 2020, arrest for driving a stolen car, no one contacted parole. \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Two-lives-were-lost-in-the-fatal-SF-hit-and-run-a-15907186.php\">Prosecutors instead sent an email to police\u003c/a>, asking a sergeant to inform McAlister’s parole agent, but the sergeant was out of the office for the Christmas holiday and apparently didn't see it. McAlister was released on Dec. 23.\u003c/p>\n\u003cp>Six days later, on Dec. 29, Daly City police received a report that McAlister had brandished a gun and stolen a car from a woman he was on a date with; she provided his address and name. Parole agents were notified, but no contact with McAlister seems to have been made by either police or parole officers.\u003c/p>\n\u003cp>Then, on Dec. 31, McAlister allegedly held up a bakery and stole its cash register, and is then believed to have sped through San Francisco in a stolen car, killing Abe and Platt.\u003c/p>\n\u003ch2>The case against Boudin\u003c/h2>\n\u003cp>Don du Bain and Brooke Jenkins both were prosecutors in Boudin’s office before leaving to join the recall campaign against him. In an interview with KQED, they pointed to the spring 2020 plea deal with McAlister as a huge mistake, arguing that Boudin should have pursued a third strike and sent McAlister to prison for life.\u003c/p>\n\u003cp>“As a result of that — of striking all those other charges and prior convictions — he put Troy McAlister back on the street with no treatment, no counseling, nothing, just back on the street in a position where he was able to kill those two women,” du Bain said. \u003cstrong>“\u003c/strong>I don't see what's reformist about simply releasing a defendant back on the street without any conditions other than he's placed on parole.”\u003c/p>\n\u003cp>Jenkins said that McAlister — who has long struggled with substance use disorder, according to his attorneys — should have at least been required to attend treatment or have other release conditions under his plea deal.\u003c/p>\n\u003cp>“You needed to be looking at what were the circumstances that have gotten Troy McAlister into the system, right? What has led him down a path of eight or nine felony convictions in a short period of time?” she said. “It's not so much that Chesa decided to execute a plea deal. It's what deal he executed. … It needs to be one that's proportionate to your criminal history and your current crime, and it needs to also put you in a position not to reoffend.”\u003c/p>\n\u003cfigure id=\"attachment_11914471\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773.jpg\">\u003cimg class=\"size-full wp-image-11914471\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773.jpg\" alt=\"A large crowd of people participate in a vigil on the street.\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People gather for a memorial for Hanako Abe and Elizabeth Platt on Jan. 22, 2021, in San Francisco, at the intersection where the two women were killed on New Year's Eve 2020, when a car allegedly driven by Troy McAlister slammed into them. \u003ccite>(Santiago Mejia/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Jenkins also questioned why Boudin’s office repeatedly referred McAlister to parole instead of charging him with new crimes after his spate of arrests in 2020.\u003c/p>\n\u003cp>“Referring someone to parole and simply punting the ball isn't a good excuse, because if you have enough evidence to charge a brand-new case, that is your obligation as the district attorney. You don't get to turn a blind eye and punt to parole and say, ‘Oh, you know what, we'll just let you handle it,’” she said.\u003c/p>\n\u003ch2>\u003cstrong>Boudin's response\u003c/strong>\u003c/h2>\n\u003cp>In a recent interview at a KQED Live event, \u003ca href=\"https://www.kqed.org/news/11913102/we-are-all-more-than-our-worst-mistake-five-takeaways-from-sf-district-attorney-chesa-boudins-discussion-at-kqed\">Boudin said he was deeply saddened\u003c/a> by what he called a “devastating tragedy.”\u003c/p>\n\u003cp>“I lay awake at night thinking, ‘What could we have done differently?’” he said.\u003c/p>\n\u003cp>Boudin noted that \u003ca href=\"https://www.sfdistrictattorney.org/press-release/da-boudin-announces-homicide-charges-for-dui-and-crashing-into-pedestrians-killing-them/\">his office is now pursuing a litany of charges against McAlister\u003c/a> for the Dec. 31 collision, including two counts of vehicular manslaughter while intoxicated, along with at least seven other felonies. If convicted of any of the most serious charges, McAlister will almost certainly end up behind bars for life.\u003c/p>\n\u003cp>In a separate interview, DA spokesperson Rachel Marshall added that prosecutors didn’t feel they had enough evidence to convict McAlister in any of the cases presented by police in 2020. So, she said, the office repeatedly referred him to parole, whose agents can revoke parole and immediately hold someone in jail or prison for three to six months, or install an ankle monitor and introduce other conditions.\u003c/p>\n\u003cp>Marshall added that parole agents are usually better suited to help people expediently receive the services and support they need, in part because they've already established relationships with them.\u003c/p>\n\u003cfigure id=\"attachment_11913121\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa3-scaled-e1652834136142.jpeg\">\u003cimg class=\"size-full wp-image-11913121\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa3-scaled-e1652834136142.jpeg\" alt=\"A closeup of Chesa Boudin, seated in a red chair, speaking.\" width=\"1920\" height=\"1277\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">SF DA Chesa Boudin defends his record at a KQED Live event on May 3, 2022. \u003ccite>(Alain McLaughlin/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Boudin said the case exposed the holes in the process the DA’s office had long used to revoke someone’s parole — and prompted significant changes.\u003c/p>\n\u003cp>Now, he said, instead of simply referring parole revocation to the state parole agency when violations are detected — as the state has asked local prosecutors to do for at least the past decade — his prosecutors directly petition the court.\u003c/p>\n\u003cp>“When I took office, we had a policy that predated me by about a decade, of respecting parole’s request not to file our own parole revocations,” Boudin said. “In other words, if somebody like Troy McAlister was arrested and we didn't have enough evidence or it wasn't a serious enough case to file charges against him, we would refer the case to parole and let them decide what to do. I really regret not questioning it before his case. Because what I saw was, parole wasn't getting the job done.”[aside label=\"related coverage\" tag=\"chesa-boudin\"]The state parole department didn’t respond to multiple requests for comment.\u003c/p>\n\u003cp>Boudin also defended the plea deal his office struck with McAlister in March 2020, one he made in part because he said McAlister had maintained a good record while serving in jail.\u003c/p>\n\u003cp>“We had letters of recommendation from case managers. We had certificates of completion from programs that he'd done. He was in a trusted job,” said Boudin, while adding, “Look, I'm not here to defend him. I'm prosecuting him right now.”\u003c/p>\n\u003cp>Boudin ran on a promise to avoid pursuing sentencing enhancements, including California's “three strikes” law, which can often double, triple or even quadruple a sentence. He noted that without any enhancement, the maximum sentence for a robbery, under state law, is five years.\u003c/p>\n\u003cp>“And Troy McAlister served a five-year sentence,” he said. “Now, you're right that we could have been creative and found ways to keep him in prison for longer. And if we had a crystal ball, we might have done that. But we have to make decisions in cases based on the information available”\u003c/p>\n\u003cp>There’s also the question of what happened between Dec. 29, 2020, when McAlister allegedly brandished a gun and stole a car in Daly City, and the Dec. 31 collision. In an email to KQED, Daly City’s Acting Police Chief Cameron Christensen said that “multiple officers, supervisors and our investigations unit” actively attempted to locate McAlister and his parole agent as soon as they received the report. But they didn’t ultimately find him, and it's unclear whether his parole agent was ever actually contacted.\u003c/p>\n\u003ch2>\u003cstrong>The verdict?\u003c/strong>\u003c/h2>\n\u003cp>Stanford Law professor Robert Weisberg, who co-directs the university’s Criminal Justice Center, called the McAlister case “admittedly messy and mysterious,” but said it’s impossible to lay blame on any one person or agency — other than McAlister himself.\u003c/p>\n\u003cp>“If he were in jail, he wouldn't have done this. Why wasn't he in jail? Well, there were many contributors to this part of it. And indeed, from what I can tell, a lot of it has to do with some very poor communication among the police, the DA staff and the parole officers,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Robert Weisberg, Stanford Law professor\"]'The fact is, you know, there isn't anything remarkable at all about his charging rates, his diversion rates or the crime rates that have happened during his administration.'[/pullquote]Sure, if Boudin hadn’t made a plea deal with McAlister, he might have still been in jail, Weisberg said, but also noted that McAlister’s offenses both before and after the plea deal didn’t involve harming people or driving drunk. Given the facts of the case at the time, the plea agreement was a reasonable option, he said.\u003c/p>\n\u003cp>“Maybe you could foresee something happening, but could you really foresee it happening in the way it actually happened?” Weisberg asked.\u003c/p>\n\u003cp>In response to accusations that this is just one particularly egregious example of Boudin’s soft-on-crime approach, Weisberg said the evidence doesn't bear that out.\u003c/p>\n\u003cp>“The fact is, you know, there isn't anything remarkable at all about his charging rates, his diversion rates or the crime rates that have happened during his administration,” he said.\u003c/p>\n\u003cp>It ultimately comes down to whether, as a society, we think it’s worth locking up more people to avoid even the possibility of crime, Weisberg said. He noted that many current criminal justice policies in California — including the way parole revocations were handled in San Francisco until very recently — stemmed from a U.S. Supreme Court ruling ordering California to significantly reduce its prison population.\u003c/p>\n\u003cfigure id=\"attachment_11913118\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa6-scaled-e1652834196234.jpeg\">\u003cimg class=\"size-full wp-image-11913118\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa6-scaled-e1652834196234.jpeg\" alt='A long view of a large lobby through the windows to the sidewalk, where about 20 protesters stand with \"RECALL CHESA BOUDIN\" signs in yellow.' width=\"1920\" height=\"1277\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pro-recall activists protest outside a KQED Live event with SF DA Chesa Boudin at KQED headquarters in San Francisco on May 3, 2022. \u003ccite>(Alain McLaughlin/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If you release certain people from prison, or don't send them to prison at a time when it is theoretically possible to keep them in prison, some percentage of them will do bad things,” he said. “We hope it's hardly any, and we hope it's not a major crime like what happened here. But if you try to have a system where we can guarantee that this sort of thing could never happen, we would have to have people kept in jails and in prison at three times the level we have now, and maybe forever.”\u003c/p>\n\u003cp>Boudin made a similar argument to KQED.\u003c/p>\n\u003cp>“We can't predict the future conduct of every single one of the thousands and thousands of people that come through San Francisco's Hall of Justice every year,” he said. “And we also can't put everybody in prison for life.”\u003c/p>\n\u003cp>The argument that this tragedy could have been prevented if McAlister had only been locked up for longer is the same justification used for mass incarceration, Boudin added.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“It's a logic that leads us to the death penalty. It's a logic that leads us to bankrupting our governments, because we're only investing in building jails and prisons, not investing in building schools and hospitals,” he said. “We know where that path leads. It does not lead to safety.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On New Year’s Eve 2020, a man driving a stolen car slammed into 27-year-old Hanako Abe and 60-year-old Elizabeth Platt as the two women were crossing Second and Mission streets in downtown San Francisco, killing both of them.\u003c/p>\n\u003cp>Police identified \u003ca href=\"https://abc7news.com/sf-hit-and-run-troy-mcalister-court-san-francisco-chesa-boudin/9387991/\">Troy McAlister\u003c/a> as the driver, and the deaths of Abe and Platt, allegedly at the hands of a man with a long criminal history, have become a key rallying point in the effort to oust San Francisco District Attorney Chesa Boudin, who faces a recall election on June 7.\u003c/p>\n\u003cp>Critics of the DA point to this case as evidence that Boudin, a former public defender who campaigned on a promise to pursue criminal justice reform, is soft on crime and could have prevented these deaths by keeping McAlister off the streets. The case is featured prominently in \u003ca href=\"https://youtu.be/mGUxZnjOFTc\">a pro-recall ad featuring Abe’s mother\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11914476\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772.jpg\">\u003cimg class=\"size-full wp-image-11914476\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772.jpg\" alt=\"Two hands hold a photo of a young woman.\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711772-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hiroko Abe holds a photo of her daughter Hanako Abe, on Jan. 19, 2021. Hanako, 27, was one of two women killed in a 2020 New Year’s Eve hit-and-run crash. \u003ccite>(Santiago Mejia/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>There’s no question that choices made by Boudin’s office played a role in McAlister’s trajectory. But numerous other law enforcement agencies — including the state’s parole department, or Division of Adult Parole Operations — also had a hand in a complicated set of decisions that ultimately enabled McAlister to presumably get behind the wheel that night.\u003c/p>\n\u003cp>Below, we look at the timeline of the events leading up to that tragic crash, culled from public records, reports and interviews, and examine the accusations against Boudin and his handling of the case — as well as the response from both the DA and an independent criminal justice expert.\u003c/p>\n\u003ch2>The facts\u003c/h2>\n\u003cp>Troy McAlister grew up in San Francisco and first got into trouble with the law in 1995, at the age of 19, when he was arrested and ultimately convicted of second-degree robbery. He went on to face numerous other charges — including receiving stolen property and grand theft — over the next two decades, much of which he spent revolving in and out of jail and prison.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In July 2015, McAlister was arrested for robbing two women in San Francisco’s Mission District with a toy gun. Facing charges of armed robbery, McAlister had been sitting in San Francisco County Jail for nearly five years, awaiting trial in that case, when Boudin was elected DA in 2019.\u003c/p>\n\u003cp>Because of his past crimes, prosecutors could have charged McAlister with a third strike and tried to send him to prison for 25 years to life, as armed robbery — even with a toy gun — is considered a violent and serious offense in California.\u003c/p>\n\u003cp>But Boudin’s office chose to negotiate a plea deal with McAlister — the way an estimated 90% of criminal cases are resolved in the U.S. In exchange for a guilty plea, the DA’s office reduced the charges against McAlister to second-degree felony robbery.\u003c/p>\u003c/div>",
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"content": "'As a result of that — of striking all those other charges and prior convictions — he put Troy McAlister back on the street with no treatment, no counseling, nothing, just back on the street in a position where he was able to kill those two women.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A judge sentenced McAlister to five years, but released him at sentencing, citing the time he had already spent in jail awaiting trial, instead placing him on state parole for two years.\u003c/p>\n\u003cp>But within months, McAlister was back in trouble with the law. Between June and December, he was arrested five times by San Francisco police on suspicion of various property crimes, including driving stolen cars and burglary. In each incident, the DA’s office declined to file charges, saying they didn’t believe the cases brought by police were strong enough to secure a new conviction.\u003c/p>\n\u003cp>Instead, at least after the first four arrests, McAlister was referred back to his state parole agent. The fifth time, after a Dec. 20, 2020, arrest for driving a stolen car, no one contacted parole. \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Two-lives-were-lost-in-the-fatal-SF-hit-and-run-a-15907186.php\">Prosecutors instead sent an email to police\u003c/a>, asking a sergeant to inform McAlister’s parole agent, but the sergeant was out of the office for the Christmas holiday and apparently didn't see it. McAlister was released on Dec. 23.\u003c/p>\n\u003cp>Six days later, on Dec. 29, Daly City police received a report that McAlister had brandished a gun and stolen a car from a woman he was on a date with; she provided his address and name. Parole agents were notified, but no contact with McAlister seems to have been made by either police or parole officers.\u003c/p>\n\u003cp>Then, on Dec. 31, McAlister allegedly held up a bakery and stole its cash register, and is then believed to have sped through San Francisco in a stolen car, killing Abe and Platt.\u003c/p>\n\u003ch2>The case against Boudin\u003c/h2>\n\u003cp>Don du Bain and Brooke Jenkins both were prosecutors in Boudin’s office before leaving to join the recall campaign against him. In an interview with KQED, they pointed to the spring 2020 plea deal with McAlister as a huge mistake, arguing that Boudin should have pursued a third strike and sent McAlister to prison for life.\u003c/p>\n\u003cp>“As a result of that — of striking all those other charges and prior convictions — he put Troy McAlister back on the street with no treatment, no counseling, nothing, just back on the street in a position where he was able to kill those two women,” du Bain said. \u003cstrong>“\u003c/strong>I don't see what's reformist about simply releasing a defendant back on the street without any conditions other than he's placed on parole.”\u003c/p>\n\u003cp>Jenkins said that McAlister — who has long struggled with substance use disorder, according to his attorneys — should have at least been required to attend treatment or have other release conditions under his plea deal.\u003c/p>\n\u003cp>“You needed to be looking at what were the circumstances that have gotten Troy McAlister into the system, right? What has led him down a path of eight or nine felony convictions in a short period of time?” she said. “It's not so much that Chesa decided to execute a plea deal. It's what deal he executed. … It needs to be one that's proportionate to your criminal history and your current crime, and it needs to also put you in a position not to reoffend.”\u003c/p>\n\u003cfigure id=\"attachment_11914471\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773.jpg\">\u003cimg class=\"size-full wp-image-11914471\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773.jpg\" alt=\"A large crowd of people participate in a vigil on the street.\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/GettyImages-1299711773-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People gather for a memorial for Hanako Abe and Elizabeth Platt on Jan. 22, 2021, in San Francisco, at the intersection where the two women were killed on New Year's Eve 2020, when a car allegedly driven by Troy McAlister slammed into them. \u003ccite>(Santiago Mejia/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Jenkins also questioned why Boudin’s office repeatedly referred McAlister to parole instead of charging him with new crimes after his spate of arrests in 2020.\u003c/p>\n\u003cp>“Referring someone to parole and simply punting the ball isn't a good excuse, because if you have enough evidence to charge a brand-new case, that is your obligation as the district attorney. You don't get to turn a blind eye and punt to parole and say, ‘Oh, you know what, we'll just let you handle it,’” she said.\u003c/p>\n\u003ch2>\u003cstrong>Boudin's response\u003c/strong>\u003c/h2>\n\u003cp>In a recent interview at a KQED Live event, \u003ca href=\"https://www.kqed.org/news/11913102/we-are-all-more-than-our-worst-mistake-five-takeaways-from-sf-district-attorney-chesa-boudins-discussion-at-kqed\">Boudin said he was deeply saddened\u003c/a> by what he called a “devastating tragedy.”\u003c/p>\n\u003cp>“I lay awake at night thinking, ‘What could we have done differently?’” he said.\u003c/p>\n\u003cp>Boudin noted that \u003ca href=\"https://www.sfdistrictattorney.org/press-release/da-boudin-announces-homicide-charges-for-dui-and-crashing-into-pedestrians-killing-them/\">his office is now pursuing a litany of charges against McAlister\u003c/a> for the Dec. 31 collision, including two counts of vehicular manslaughter while intoxicated, along with at least seven other felonies. If convicted of any of the most serious charges, McAlister will almost certainly end up behind bars for life.\u003c/p>\n\u003cp>In a separate interview, DA spokesperson Rachel Marshall added that prosecutors didn’t feel they had enough evidence to convict McAlister in any of the cases presented by police in 2020. So, she said, the office repeatedly referred him to parole, whose agents can revoke parole and immediately hold someone in jail or prison for three to six months, or install an ankle monitor and introduce other conditions.\u003c/p>\n\u003cp>Marshall added that parole agents are usually better suited to help people expediently receive the services and support they need, in part because they've already established relationships with them.\u003c/p>\n\u003cfigure id=\"attachment_11913121\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa3-scaled-e1652834136142.jpeg\">\u003cimg class=\"size-full wp-image-11913121\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa3-scaled-e1652834136142.jpeg\" alt=\"A closeup of Chesa Boudin, seated in a red chair, speaking.\" width=\"1920\" height=\"1277\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">SF DA Chesa Boudin defends his record at a KQED Live event on May 3, 2022. \u003ccite>(Alain McLaughlin/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Boudin said the case exposed the holes in the process the DA’s office had long used to revoke someone’s parole — and prompted significant changes.\u003c/p>\n\u003cp>Now, he said, instead of simply referring parole revocation to the state parole agency when violations are detected — as the state has asked local prosecutors to do for at least the past decade — his prosecutors directly petition the court.\u003c/p>\n\u003cp>“When I took office, we had a policy that predated me by about a decade, of respecting parole’s request not to file our own parole revocations,” Boudin said. “In other words, if somebody like Troy McAlister was arrested and we didn't have enough evidence or it wasn't a serious enough case to file charges against him, we would refer the case to parole and let them decide what to do. I really regret not questioning it before his case. Because what I saw was, parole wasn't getting the job done.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The state parole department didn’t respond to multiple requests for comment.\u003c/p>\n\u003cp>Boudin also defended the plea deal his office struck with McAlister in March 2020, one he made in part because he said McAlister had maintained a good record while serving in jail.\u003c/p>\n\u003cp>“We had letters of recommendation from case managers. We had certificates of completion from programs that he'd done. He was in a trusted job,” said Boudin, while adding, “Look, I'm not here to defend him. I'm prosecuting him right now.”\u003c/p>\n\u003cp>Boudin ran on a promise to avoid pursuing sentencing enhancements, including California's “three strikes” law, which can often double, triple or even quadruple a sentence. He noted that without any enhancement, the maximum sentence for a robbery, under state law, is five years.\u003c/p>\n\u003cp>“And Troy McAlister served a five-year sentence,” he said. “Now, you're right that we could have been creative and found ways to keep him in prison for longer. And if we had a crystal ball, we might have done that. But we have to make decisions in cases based on the information available”\u003c/p>\n\u003cp>There’s also the question of what happened between Dec. 29, 2020, when McAlister allegedly brandished a gun and stole a car in Daly City, and the Dec. 31 collision. In an email to KQED, Daly City’s Acting Police Chief Cameron Christensen said that “multiple officers, supervisors and our investigations unit” actively attempted to locate McAlister and his parole agent as soon as they received the report. But they didn’t ultimately find him, and it's unclear whether his parole agent was ever actually contacted.\u003c/p>\n\u003ch2>\u003cstrong>The verdict?\u003c/strong>\u003c/h2>\n\u003cp>Stanford Law professor Robert Weisberg, who co-directs the university’s Criminal Justice Center, called the McAlister case “admittedly messy and mysterious,” but said it’s impossible to lay blame on any one person or agency — other than McAlister himself.\u003c/p>\n\u003cp>“If he were in jail, he wouldn't have done this. Why wasn't he in jail? Well, there were many contributors to this part of it. And indeed, from what I can tell, a lot of it has to do with some very poor communication among the police, the DA staff and the parole officers,” he said.\u003c/p>\u003c/div>",
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"content": "'The fact is, you know, there isn't anything remarkable at all about his charging rates, his diversion rates or the crime rates that have happened during his administration.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Sure, if Boudin hadn’t made a plea deal with McAlister, he might have still been in jail, Weisberg said, but also noted that McAlister’s offenses both before and after the plea deal didn’t involve harming people or driving drunk. Given the facts of the case at the time, the plea agreement was a reasonable option, he said.\u003c/p>\n\u003cp>“Maybe you could foresee something happening, but could you really foresee it happening in the way it actually happened?” Weisberg asked.\u003c/p>\n\u003cp>In response to accusations that this is just one particularly egregious example of Boudin’s soft-on-crime approach, Weisberg said the evidence doesn't bear that out.\u003c/p>\n\u003cp>“The fact is, you know, there isn't anything remarkable at all about his charging rates, his diversion rates or the crime rates that have happened during his administration,” he said.\u003c/p>\n\u003cp>It ultimately comes down to whether, as a society, we think it’s worth locking up more people to avoid even the possibility of crime, Weisberg said. He noted that many current criminal justice policies in California — including the way parole revocations were handled in San Francisco until very recently — stemmed from a U.S. Supreme Court ruling ordering California to significantly reduce its prison population.\u003c/p>\n\u003cfigure id=\"attachment_11913118\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa6-scaled-e1652834196234.jpeg\">\u003cimg class=\"size-full wp-image-11913118\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Chesa6-scaled-e1652834196234.jpeg\" alt='A long view of a large lobby through the windows to the sidewalk, where about 20 protesters stand with \"RECALL CHESA BOUDIN\" signs in yellow.' width=\"1920\" height=\"1277\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pro-recall activists protest outside a KQED Live event with SF DA Chesa Boudin at KQED headquarters in San Francisco on May 3, 2022. \u003ccite>(Alain McLaughlin/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If you release certain people from prison, or don't send them to prison at a time when it is theoretically possible to keep them in prison, some percentage of them will do bad things,” he said. “We hope it's hardly any, and we hope it's not a major crime like what happened here. But if you try to have a system where we can guarantee that this sort of thing could never happen, we would have to have people kept in jails and in prison at three times the level we have now, and maybe forever.”\u003c/p>\n\u003cp>Boudin made a similar argument to KQED.\u003c/p>\n\u003cp>“We can't predict the future conduct of every single one of the thousands and thousands of people that come through San Francisco's Hall of Justice every year,” he said. “And we also can't put everybody in prison for life.”\u003c/p>\n\u003cp>The argument that this tragedy could have been prevented if McAlister had only been locked up for longer is the same justification used for mass incarceration, Boudin added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It's a logic that leads us to the death penalty. It's a logic that leads us to bankrupting our governments, because we're only investing in building jails and prisons, not investing in building schools and hospitals,” he said. “We know where that path leads. It does not lead to safety.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "A 'Blame Game'? Criminal Justice Experts Debate Effort to Recall SF DA Chesa Boudin",
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"headTitle": "A ‘Blame Game’? Criminal Justice Experts Debate Effort to Recall SF DA Chesa Boudin | KQED",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">Arguing about San Francisco District Attorney Chesa Boudin’s performance in office is practically the city’s pastime these days. Is “Chesa” the root cause of the city’s assaults, its thefts, its \u003cem>anarchy\u003c/em>, as some publicly put it?\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Those are the salvos launched by keyboard warriors on social media every day, but Monday night, those experienced in criminal justice took the debate to center stage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">San Francisco’s United Democratic Club, Eastern Neighborhoods Democratic Club, Edwin M. Lee Asian Pacific Democratic Club, and Willie B. Kennedy Democratic Club hosted a virtual debate among professionals who have seen different sides of the criminal justice system, to get at the heart of Boudin’s time in office.\u003c/span>\u003c/p>\n\u003cp>The evening’s talks were moderated over Zoom by KQED politics correspondent \u003ca href=\"https://twitter.com/mlagos\">Marisa Lagos\u003c/a> and San Francisco Chronicle criminal justice reporter \u003ca href=\"https://twitter.com/meganrcassidy?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor\">Megan Cassidy\u003c/a>.\u003c/p>\n\u003cp>While many in virtual attendance seemed dug in on either side — for, or against, the upcoming recall election against Boudin — organizers hoped the night’s discussions could illuminate Boudin’s career for those finding themselves on the electoral fence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It’s been a particularly rough few weeks for Boudin’s political prospects, \u003ca href=\"https://sfstandard.com/criminal-justice/da-chesa-boudin-recall-campaign-poll-crime/\">as a recent poll, paid for by proponents of his recall\u003c/a>, found that 68% of San Franciscans would remove him from office if the recall election were today. (The recall is set for June.) In another public blow, his office recently lost a case against San Francisco Police Department officer Terrance Stangel, in what may be the city’s first trial against an officer for excessive force allegations in the line of duty, \u003ca href=\"https://www.kqed.org/news/11907396/san-francisco-officer-not-guilty-of-using-excessive-force\">KQED previously reported\u003c/a>.\u003c/p>\n\u003cp>At Monday’s debate, two prosecuting attorneys formerly with Boudin’s office, Brooke Jenkins and Don du Bain, argued Boudin needed to be recalled in light of the fear of crime pervading San Francisco. Jenkins was assigned to the homicide unit in the DA’s office and has been a sex crimes prosecutor. Du Bain is a 30-year prosecutor and also has served as Solano County district attorney.[pullquote size=\"medium\" align=\"right\" citation=\"Brooke Jenkins, attorney\"]‘The issue for us is Chesa creates the landscape where criminals think this is OK behavior.’[/pullquote]Those arguing against the recall characterized crime statistics used against Boudin as cherry-picked, with fear-mongering used to drive a wedge between Boudin and the public. The debaters against the recall included Tinisch Hollins, who is a crime survivor and also executive director of \u003ca href=\"https://safeandjust.org/staff/tinisch-hollins/\">Californians for Safety and Justice\u003c/a>, and Richard Corriea, a retired San Francisco police commander who is now the director of the International Institute of Criminal Justice Leadership at the University of San Francisco.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The role of people who prosecute was not viewed as something people who look like me do,” said Jenkins, the former prosecutor for Boudin, speaking of people of color. She joined the San Francisco District Attorney’s office specifically to serve former DA George Gascón, whom she described as “leading the way” on alternative forms of incarceration.\u003c/span>\u003c/p>\n\u003cp>“He was able to help us balance reform with making sure we kept the community safe,” she said.\u003c/p>\n\u003cp>Boudin, she said, is “failing to keep San Franciscans safe.”[aside label=\"Boudin comes to KQED on May 3\" link1=\"https://www.kqed.org/event/1814,San Francisco District Attorney Chesa Boudin with Political Breakdown\"]\u003c/p>\n\u003cp>Speaking against the recall, Richard Corriea said his family has been in the San Francisco Police Department since the 1906 earthquake. He’s a fourth-generation San Franciscan who attended George Washington High School.\u003c/p>\n\u003cp>“I did not support Chesa Boudin in his race for district attorney,” Corriea said.\u003c/p>\n\u003cp>So what is he doing opposing the Boudin recall? Corriea said he’s seen half-truths and “lies” take hold of crime statistics.\u003c/p>\n\u003cp>“It’s been disturbing, and seems bent on fomenting fear,” he said. “I object to the recall because the promoters said San Francisco would be safer if we’d just dump the district attorney, which is absurd.”\u003c/p>\n\u003cp>Throughout the night, the criminal justice experts tackled homicide rates, shoplifters, and the records of previous district attorneys.\u003c/p>\n\u003cp>In response to the first question, Jenkins suggested that diversion, a procedure by which defendants avoid criminal conviction if they agree to rehabilitation and a period of probation, is overused by DA Boudin.\u003c/p>\n\u003cp>\u003cem>This conversation has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>MEGAN CASSIDY: Why is it we should blame the DA for increases in property crimes, but not credit his policies, let’s say, for the relatively low murder rate? If the murder rate goes up somewhat here, but is consistent with the rest of the country, why should we blame the DA’s office for this?\u003c/strong>[pullquote size=\"medium\" align=\"right\" citation=\"Richard Correia, retired San Francisco police commander\"]‘The idea that a DA is going to change property crime in the city? I just don’t see it.’[/pullquote]\u003cstrong>JENKINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">For the most part I think everyone agrees, even in the street, murder is wrong and it won’t go unpunished, but when the DA creates an environment where property crime, where assault, where burglary is acceptable, where there is no consequence, where even if you are arrested, you are released within hours, at most a day or two, and you’re back out into the street, it doesn’t matter if you commit five more burglaries, you’re going to be released each time and at most get probation. At best you get diversion regardless of how many offenses you pick up.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He’s creating a landscape where criminal offenders desire to come here and commit crimes. They know that there’s no penalty.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cspan style=\"font-weight: 400\">I’d just like to say, after 35 years of police work, I don’t believe criminals in their calculation are thinking about what Chesa Boudin is going to do or not do to them.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">What they think about is, “What are the chances of getting maybe a tourist car with valuable items in it? What are their chances of getting caught?” Those factors weigh in. What are their chances of blending into the surroundings? How many ways can they escape? But honestly, they’re not sitting there going, “Well, in the marketplace of the Hall of Justice, how will I do?”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908889\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11908889\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1.jpg\" alt=\"A zoom call with nine windows featuring various experts on criminal justice, two journalists, and community members. \" width=\"1920\" height=\"1081\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-1536x865.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Criminal justice experts gathered Monday night for a debate on San Francisco DA Chesa Boudin’s recall. Top row, left to right: Megan Cassidy (San Francisco Chronicle), Marisa Lagos (KQED), Richard Corriea (retired San Francisco police commander). Middle row, left to right: Don du Bain (attorney), Brooke Jenkins (attorney), Tinisch Hollins (Californians for Safety and Justice). Bottom row, left to right: Kristen Webb (United Democratic Club); Bruce Agid (Eastern Neighborhoods Democratic Club). \u003ccite>(Courtesy United Democratic Club)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>MARISA LAGOS: Even if you support this district attorney, there’s no question that people feel unsafe. \u003c/strong>\u003cstrong>So why shouldn’t the DA be held accountable for some of the really horrific or just upsetting things we’ve seen, particularly around property crimes?\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cspan style=\"font-weight: 400\">Property crimes are changing because of the pandemic. The issue of poverty, drug addiction, mental illness, failed public policy, mass incarceration, discrimination, all those factors come into play.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So to say, hmm, someone is here shoplifting, it’s the DA’s fault … What about retailers that have gone from stopping people and holding them and arresting them, to not using security and passing on the cost to the consumer?\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I can tell you that I never made a shoplifting arrest, ever, because they were done by private security in the stores who would call the police and sign a citizen’s arrest card, and we would take them down and book them.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The idea that a DA is going to change property crime in the city? I just don’t see it.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>HOLLINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">It’s also important to mention that property crime closure rates have been sadly low in San Francisco for a very long time. That did not just start. That’s not really related to who the DA is.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CASSIDY: The DA’s office is just one arm of the criminal justice system. We’ve seen police clearance rates, particularly with property crimes, drop significantly. A lot of these crimes are not getting arrested in the first place. Do the police also share the blame for crime rates? Particularly with property crimes?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>JENKINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">The issue for us is Chesa creates the landscape where criminals think this is OK behavior.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We can talk about examples where we’ve heard from the police that they will make an arrest and somebody will tell them, “That’s fine because I’ll be out in a few hours. The DA’s office isn’t going to do anything about it.” Or jail calls where they’re saying, you know what, pretty much theft is legal in San Francisco. These are the stories that we are hearing. It doesn’t take the responsibility off of the police to make arrests, of course.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I think we have to understand we are in a universe now where morale is low, I think in law enforcement, period. We keep hearing, “The DA’s office isn’t going to do anything about it, so why should I risk my safety to make an arrest?”\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cstrong>\u003cspan style=\"font-weight: 400\">Point of fact, Chesa has reached out to the unions and department, over and over again. What people don’t know about city government is, it’s a large blame game, and now Chesa is being blamed.\u003c/span>\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>LAGOS: What is criminal justice reform, if not what Chesa is doing? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>DU BAIN\u003c/strong>: \u003cspan style=\"font-weight: 400\">Like Mr. Corriea, I’ve been in law enforcement myself for 30 years as a prosecutor, in various counties in California. I recognize the complexity of what we do in criminal justice. I’ve known plenty of progressive district attorneys in my time, [such as] Nancy O’Malley in Alameda County. Here in San Francisco, we had both Kamala Harris and George Gascón, who were very progressive district attorneys.\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Brooke Jenkins, attorney\"]‘Boudin is failing to keep San Francisco safe.’[/pullquote]\u003cspan style=\"font-weight: 400\">They were progressive because they created new, innovative programs to try to keep our young people out of the criminal justice system in the first place and to rehabilitate those criminal offenders who ended up in the system.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Kamala Harris created Back on Track, which was a successful program to keep kids out of the criminal justice system, employed and in a productive lifestyle. George Gascón expanded that program into young adult court. He also created a mental health court called Behavioral Health Court … and Intensive Supervision Court for adult offenders who are recidivists.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Those are true progressive prosecutors. Chesa hasn’t developed a single rehabilitative program.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cstrong>\u003cspan style=\"font-weight: 400\">Well, I’m looking at five pages of accomplishments that would hurt your eyes to look at. My brother was murdered in 1988 and my worst memories are dealing with the criminal justice system. The rest of it has faded for me, over time.\u003c/span>\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>CASSIDY: Including crime, one of the things polls show people are worried about [is] drug overdoses, open-air drug use on the streets, particularly in the Tenderloin. What role should the DA’s office be playing to stem this tide?\u003c/strong>[aside postID=news_11907396 label='Related Coverage']\u003cstrong>JENKINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">The DA’s office plays a huge role in that. We make the decisions on what to do with drug-dealing offenses. We have the ability to use the consequence for that … to incentivize them to engage in drug treatment, or go to drug court where they can engage in substance abuse counseling or treatment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So it’s imperative the chief law enforcement officer, the district attorney, use that office to compel people who need treatment into treatment, and to hold drug dealers accountable for taking advantage of this vulnerable population.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That, again, does not necessarily mean sending people to prison. It means you have to use the consequence as an incentive. It could be an incentive for vocational training.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>HOLLINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">We’re having a conversation about a public health issue with a criminal justice lens. We know we don’t have enough treatment beds. I had a brother who struggled with addiction and later lost his life. Both of my brothers were on probation when they passed away. That’s a sad failure of the systems.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The DA should focus on crime, I agree. But the drug crisis is much bigger than the DA’s office.\u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Richard Correia, retired San Francisco police commander\"]‘We’ve seen in these high-charging, hard-on-crime jurisdictions increases in crime when some folks would suggest it should be the opposite.’[/pullquote]\u003cspan style=\"font-weight: 400\">I don’t think it’s been any better under any of the previous DAs.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Just to reference the programs that had been implemented under District Attorney Harris and Gascón, I worked very closely with people who implemented those programs. Again it is a national crisis, not one that’s just focused here in San Francisco. It’s a public health issue that needs to be dealt with with a public health lens.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CASSIDY: Diversion rates are up, conviction rates are down. What should voters take away from that?\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cspan style=\"font-weight: 400\">I think that the statistics, if you read them, are really mind-numbing, you know? How many cases came in the door and where they went, and which had action and which didn’t.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">What equates to safety?\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We’ve seen in these high-charging, hard-on-crime jurisdictions increases in crime when some folks would suggest it should be the opposite.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">What I want to say about statistics, this is the most telling: The burglary rates in some neighborhoods in San Francisco grew during the pandemic as crime patterns changed. I noticed that they were up in the Richmond and people were very upset about that, and I noticed they were down in other parts of town.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Folks tore into that the day after: “Look at burglaries out of control.” I always wondered, “Well, what about where it’s dropped?” Shouldn’t you get an offsetting penalty there? I think statistics are not ultimately very helpful.\u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If you look at the chat [of viewer comments in the Zoom debate], it’s almost scary how worried people are and the level of hostility. I would love to see more conversations like this.\u003c/span>\u003c/p>\n\n",
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"excerpt": "Two former prosecutors, a criminal justice reformer and a former SFPD commander took to a virtual stage to talk property crime, criminal justice reform, and the records of former district attorneys, to help inform voters before the June recall election of Chesa Boudin. ",
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"title": "A 'Blame Game'? Criminal Justice Experts Debate Effort to Recall SF DA Chesa Boudin | KQED",
"description": "Two former prosecutors, a criminal justice reformer and a former SFPD commander took to a virtual stage to talk property crime, criminal justice reform, and the records of former district attorneys, to help inform voters before the June recall election of Chesa Boudin. ",
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"headline": "A 'Blame Game'? Criminal Justice Experts Debate Effort to Recall SF DA Chesa Boudin",
"datePublished": "2022-03-23T11:21:03-07:00",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">Arguing about San Francisco District Attorney Chesa Boudin’s performance in office is practically the city’s pastime these days. Is “Chesa” the root cause of the city’s assaults, its thefts, its \u003cem>anarchy\u003c/em>, as some publicly put it?\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Those are the salvos launched by keyboard warriors on social media every day, but Monday night, those experienced in criminal justice took the debate to center stage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">San Francisco’s United Democratic Club, Eastern Neighborhoods Democratic Club, Edwin M. Lee Asian Pacific Democratic Club, and Willie B. Kennedy Democratic Club hosted a virtual debate among professionals who have seen different sides of the criminal justice system, to get at the heart of Boudin’s time in office.\u003c/span>\u003c/p>\n\u003cp>The evening’s talks were moderated over Zoom by KQED politics correspondent \u003ca href=\"https://twitter.com/mlagos\">Marisa Lagos\u003c/a> and San Francisco Chronicle criminal justice reporter \u003ca href=\"https://twitter.com/meganrcassidy?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor\">Megan Cassidy\u003c/a>.\u003c/p>\n\u003cp>While many in virtual attendance seemed dug in on either side — for, or against, the upcoming recall election against Boudin — organizers hoped the night’s discussions could illuminate Boudin’s career for those finding themselves on the electoral fence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s been a particularly rough few weeks for Boudin’s political prospects, \u003ca href=\"https://sfstandard.com/criminal-justice/da-chesa-boudin-recall-campaign-poll-crime/\">as a recent poll, paid for by proponents of his recall\u003c/a>, found that 68% of San Franciscans would remove him from office if the recall election were today. (The recall is set for June.) In another public blow, his office recently lost a case against San Francisco Police Department officer Terrance Stangel, in what may be the city’s first trial against an officer for excessive force allegations in the line of duty, \u003ca href=\"https://www.kqed.org/news/11907396/san-francisco-officer-not-guilty-of-using-excessive-force\">KQED previously reported\u003c/a>.\u003c/p>\n\u003cp>At Monday’s debate, two prosecuting attorneys formerly with Boudin’s office, Brooke Jenkins and Don du Bain, argued Boudin needed to be recalled in light of the fear of crime pervading San Francisco. Jenkins was assigned to the homicide unit in the DA’s office and has been a sex crimes prosecutor. Du Bain is a 30-year prosecutor and also has served as Solano County district attorney.\u003c/p>\u003c/div>",
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"content": "‘The issue for us is Chesa creates the landscape where criminals think this is OK behavior.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Those arguing against the recall characterized crime statistics used against Boudin as cherry-picked, with fear-mongering used to drive a wedge between Boudin and the public. The debaters against the recall included Tinisch Hollins, who is a crime survivor and also executive director of \u003ca href=\"https://safeandjust.org/staff/tinisch-hollins/\">Californians for Safety and Justice\u003c/a>, and Richard Corriea, a retired San Francisco police commander who is now the director of the International Institute of Criminal Justice Leadership at the University of San Francisco.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The role of people who prosecute was not viewed as something people who look like me do,” said Jenkins, the former prosecutor for Boudin, speaking of people of color. She joined the San Francisco District Attorney’s office specifically to serve former DA George Gascón, whom she described as “leading the way” on alternative forms of incarceration.\u003c/span>\u003c/p>\n\u003cp>“He was able to help us balance reform with making sure we kept the community safe,” she said.\u003c/p>\n\u003cp>Boudin, she said, is “failing to keep San Franciscans safe.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Speaking against the recall, Richard Corriea said his family has been in the San Francisco Police Department since the 1906 earthquake. He’s a fourth-generation San Franciscan who attended George Washington High School.\u003c/p>\n\u003cp>“I did not support Chesa Boudin in his race for district attorney,” Corriea said.\u003c/p>\n\u003cp>So what is he doing opposing the Boudin recall? Corriea said he’s seen half-truths and “lies” take hold of crime statistics.\u003c/p>\n\u003cp>“It’s been disturbing, and seems bent on fomenting fear,” he said. “I object to the recall because the promoters said San Francisco would be safer if we’d just dump the district attorney, which is absurd.”\u003c/p>\n\u003cp>Throughout the night, the criminal justice experts tackled homicide rates, shoplifters, and the records of previous district attorneys.\u003c/p>\n\u003cp>In response to the first question, Jenkins suggested that diversion, a procedure by which defendants avoid criminal conviction if they agree to rehabilitation and a period of probation, is overused by DA Boudin.\u003c/p>\n\u003cp>\u003cem>This conversation has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>MEGAN CASSIDY: Why is it we should blame the DA for increases in property crimes, but not credit his policies, let’s say, for the relatively low murder rate? If the murder rate goes up somewhat here, but is consistent with the rest of the country, why should we blame the DA’s office for this?\u003c/strong>\u003c/p>\u003c/div>",
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"content": "‘The idea that a DA is going to change property crime in the city? I just don’t see it.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>JENKINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">For the most part I think everyone agrees, even in the street, murder is wrong and it won’t go unpunished, but when the DA creates an environment where property crime, where assault, where burglary is acceptable, where there is no consequence, where even if you are arrested, you are released within hours, at most a day or two, and you’re back out into the street, it doesn’t matter if you commit five more burglaries, you’re going to be released each time and at most get probation. At best you get diversion regardless of how many offenses you pick up.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He’s creating a landscape where criminal offenders desire to come here and commit crimes. They know that there’s no penalty.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cspan style=\"font-weight: 400\">I’d just like to say, after 35 years of police work, I don’t believe criminals in their calculation are thinking about what Chesa Boudin is going to do or not do to them.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">What they think about is, “What are the chances of getting maybe a tourist car with valuable items in it? What are their chances of getting caught?” Those factors weigh in. What are their chances of blending into the surroundings? How many ways can they escape? But honestly, they’re not sitting there going, “Well, in the marketplace of the Hall of Justice, how will I do?”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908889\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11908889\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1.jpg\" alt=\"A zoom call with nine windows featuring various experts on criminal justice, two journalists, and community members. \" width=\"1920\" height=\"1081\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Screenshot-2022-03-21-192521-1-1536x865.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Criminal justice experts gathered Monday night for a debate on San Francisco DA Chesa Boudin’s recall. Top row, left to right: Megan Cassidy (San Francisco Chronicle), Marisa Lagos (KQED), Richard Corriea (retired San Francisco police commander). Middle row, left to right: Don du Bain (attorney), Brooke Jenkins (attorney), Tinisch Hollins (Californians for Safety and Justice). Bottom row, left to right: Kristen Webb (United Democratic Club); Bruce Agid (Eastern Neighborhoods Democratic Club). \u003ccite>(Courtesy United Democratic Club)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>MARISA LAGOS: Even if you support this district attorney, there’s no question that people feel unsafe. \u003c/strong>\u003cstrong>So why shouldn’t the DA be held accountable for some of the really horrific or just upsetting things we’ve seen, particularly around property crimes?\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cspan style=\"font-weight: 400\">Property crimes are changing because of the pandemic. The issue of poverty, drug addiction, mental illness, failed public policy, mass incarceration, discrimination, all those factors come into play.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So to say, hmm, someone is here shoplifting, it’s the DA’s fault … What about retailers that have gone from stopping people and holding them and arresting them, to not using security and passing on the cost to the consumer?\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I can tell you that I never made a shoplifting arrest, ever, because they were done by private security in the stores who would call the police and sign a citizen’s arrest card, and we would take them down and book them.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The idea that a DA is going to change property crime in the city? I just don’t see it.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>HOLLINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">It’s also important to mention that property crime closure rates have been sadly low in San Francisco for a very long time. That did not just start. That’s not really related to who the DA is.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CASSIDY: The DA’s office is just one arm of the criminal justice system. We’ve seen police clearance rates, particularly with property crimes, drop significantly. A lot of these crimes are not getting arrested in the first place. Do the police also share the blame for crime rates? Particularly with property crimes?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>JENKINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">The issue for us is Chesa creates the landscape where criminals think this is OK behavior.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We can talk about examples where we’ve heard from the police that they will make an arrest and somebody will tell them, “That’s fine because I’ll be out in a few hours. The DA’s office isn’t going to do anything about it.” Or jail calls where they’re saying, you know what, pretty much theft is legal in San Francisco. These are the stories that we are hearing. It doesn’t take the responsibility off of the police to make arrests, of course.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I think we have to understand we are in a universe now where morale is low, I think in law enforcement, period. We keep hearing, “The DA’s office isn’t going to do anything about it, so why should I risk my safety to make an arrest?”\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cstrong>\u003cspan style=\"font-weight: 400\">Point of fact, Chesa has reached out to the unions and department, over and over again. What people don’t know about city government is, it’s a large blame game, and now Chesa is being blamed.\u003c/span>\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>LAGOS: What is criminal justice reform, if not what Chesa is doing? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>DU BAIN\u003c/strong>: \u003cspan style=\"font-weight: 400\">Like Mr. Corriea, I’ve been in law enforcement myself for 30 years as a prosecutor, in various counties in California. I recognize the complexity of what we do in criminal justice. I’ve known plenty of progressive district attorneys in my time, [such as] Nancy O’Malley in Alameda County. Here in San Francisco, we had both Kamala Harris and George Gascón, who were very progressive district attorneys.\u003c/span>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">They were progressive because they created new, innovative programs to try to keep our young people out of the criminal justice system in the first place and to rehabilitate those criminal offenders who ended up in the system.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Kamala Harris created Back on Track, which was a successful program to keep kids out of the criminal justice system, employed and in a productive lifestyle. George Gascón expanded that program into young adult court. He also created a mental health court called Behavioral Health Court … and Intensive Supervision Court for adult offenders who are recidivists.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Those are true progressive prosecutors. Chesa hasn’t developed a single rehabilitative program.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cstrong>\u003cspan style=\"font-weight: 400\">Well, I’m looking at five pages of accomplishments that would hurt your eyes to look at. My brother was murdered in 1988 and my worst memories are dealing with the criminal justice system. The rest of it has faded for me, over time.\u003c/span>\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>CASSIDY: Including crime, one of the things polls show people are worried about [is] drug overdoses, open-air drug use on the streets, particularly in the Tenderloin. What role should the DA’s office be playing to stem this tide?\u003c/strong>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>JENKINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">The DA’s office plays a huge role in that. We make the decisions on what to do with drug-dealing offenses. We have the ability to use the consequence for that … to incentivize them to engage in drug treatment, or go to drug court where they can engage in substance abuse counseling or treatment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So it’s imperative the chief law enforcement officer, the district attorney, use that office to compel people who need treatment into treatment, and to hold drug dealers accountable for taking advantage of this vulnerable population.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That, again, does not necessarily mean sending people to prison. It means you have to use the consequence as an incentive. It could be an incentive for vocational training.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>HOLLINS\u003c/strong>: \u003cspan style=\"font-weight: 400\">We’re having a conversation about a public health issue with a criminal justice lens. We know we don’t have enough treatment beds. I had a brother who struggled with addiction and later lost his life. Both of my brothers were on probation when they passed away. That’s a sad failure of the systems.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The DA should focus on crime, I agree. But the drug crisis is much bigger than the DA’s office.\u003c/span>\u003c/p>\u003c/div>",
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"content": "‘We’ve seen in these high-charging, hard-on-crime jurisdictions increases in crime when some folks would suggest it should be the opposite.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">I don’t think it’s been any better under any of the previous DAs.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Just to reference the programs that had been implemented under District Attorney Harris and Gascón, I worked very closely with people who implemented those programs. Again it is a national crisis, not one that’s just focused here in San Francisco. It’s a public health issue that needs to be dealt with with a public health lens.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>CASSIDY: Diversion rates are up, conviction rates are down. What should voters take away from that?\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>CORRIEA\u003c/strong>: \u003cspan style=\"font-weight: 400\">I think that the statistics, if you read them, are really mind-numbing, you know? How many cases came in the door and where they went, and which had action and which didn’t.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">What equates to safety?\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We’ve seen in these high-charging, hard-on-crime jurisdictions increases in crime when some folks would suggest it should be the opposite.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">What I want to say about statistics, this is the most telling: The burglary rates in some neighborhoods in San Francisco grew during the pandemic as crime patterns changed. I noticed that they were up in the Richmond and people were very upset about that, and I noticed they were down in other parts of town.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Folks tore into that the day after: “Look at burglaries out of control.” I always wondered, “Well, what about where it’s dropped?” Shouldn’t you get an offsetting penalty there? I think statistics are not ultimately very helpful.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If you look at the chat [of viewer comments in the Zoom debate], it’s almost scary how worried people are and the level of hostility. I would love to see more conversations like this.\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SF Police Use DNA From Rape Exams to Identify Suspects in Unrelated Cases, DA Says",
"title": "SF Police Use DNA From Rape Exams to Identify Suspects in Unrelated Cases, DA Says",
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"content": "\u003cp>San Francisco police regularly log rape victims’ DNA information into a database to use as evidence in unrelated crimes.\u003c/p>\n\u003cp>That's according to an explosive allegation made this week by the city’s top prosecutor, who is calling for local and state legislation to specifically outlaw the practice.\u003c/p>\n\u003cp>\"We are here to end a routine practice that violates the law and abuses the trust of survivors,\" District Attorney Chesa Boudin said at a press conference Tuesday. \"It is my commitment going forward to never use DNA obtained in this unlawful way.\"\u003c/p>\n\u003cp>Boudin said he recently became aware of the practice when one of his prosecutor's working on a property crime case received a set of records from police detailing how a female suspect had been identified and subsequently arrested. In the documents, investigators described conducting a \"routine search\" of an internal database that revealed a match with a 2016 sample, collected after she had been sexually assaulted.\u003c/p>\n\u003cp>Following the press conference Tuesday, \u003ca href=\"https://www.sfchronicle.com/sf/article/D-A-Chesa-Boudin-drops-case-against-suspect-16921640.php\">Boudin's office said it was dismissing the charge\u003c/a> against the woman in question, claiming that the evidence that led to the arrest had been gathered unlawfully, in violation of her rights.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Victims of sexual assault can voluntarily submit DNA evidence through a forensic exam as part of what's commonly called a \"rape kit,\" used to distinguish and identify perpetrators.\u003c/p>\n\u003cp>Boudin, who faces a June recall election, said the recent revelation makes clear that the SFPD crime lab, and likely many other crime labs around the state, routinely use DNA collected from rape kits to investigate unrelated crimes.\u003c/p>\n\u003cp>\"We don't know how many thousands of survivors of sexual assault have their DNA without their consent — in violation of Marsy’s Law and violation of the Fourth Amendment — stored in this database,\" Boudin said, referring to California's victims' bill of rights law, and the right to privacy guaranteed in the U.S. Constitution. \"We don't know if there are children who have survived sexual assault who have their DNA in this database. We don't know because the process has been opaque and it has been hidden from public view, and it must stop today.\"\u003c/p>\n\u003cp>In a statement, San Francisco Police Chief Bill Scott said police officials would thoroughly investigate the allegation, emphasizing that his department's existing DNA collection policies have been \"legally vetted and conform with state and national forensic standards.\" He also suggested the possibility that the victim's DNA had been found in an unrelated database.\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"chesa-boudin\"]\"We must never create disincentives for crime victims to cooperate with police, and if it's true that DNA collected from a rape or sexual assault victim has been used by SFPD to identify and apprehend that person as a suspect in another crime, I'm committed to ending the practice,\" Scott said. \"Although I am informed of the possibility that the suspect in this case may have been identified through a DNA hit in a nonvictim DNA database, I think the questions raised by our district attorney today are sufficiently concerning.\"\u003c/p>\n\u003cp>Despite ongoing tensions between the police department and Boudin's office, including a recent rift over a \u003ca href=\"https://www.usnews.com/news/best-states/california/articles/2022-02-14/california-ag-others-to-help-with-new-sf-investigation-pact\">terminated investigative agreement\u003c/a> regarding police use-of-force incidents, Scott said he's willing to work with Boudin to address the matter and build trust with victims of sexual assault.\u003c/p>\n\u003cp>\"Whatever disagreements District Attorney Boudin and I may have, we agree that this issue needs to be addressed,\" Scott said. \"At the end of the day, our respective departments exist to do justice for victims of crime. The last thing we should ever do is discourage their cooperation with us to accomplish that.\"\u003c/p>\n\u003cp>Following Boudin’s allegation, state Sen. Scott Wiener, D-San Francisco, and San Francisco Supervisor Hillary Ronen were quick to voice their support for new legislation barring the practice.\u003c/p>\n\u003cp>\"If survivors believe their DNA may end up being used against them in the future, they'll have one more reason not to participate in the rape kit process,\" Wiener said on Monday. \"That's why I'm working with the DA's office to address this problem through state legislation, if needed.\"\u003c/p>\n\u003cp>Ronen said she had already asked the city attorney to draft legislation to prevent DNA evidence — or any sort of evidence from a victim's rape kit — to be used for anything other than investigating that incident.\u003c/p>\n\u003cp>\"There are already enormous barriers for victims of rape to come forward to report the crime,\" she said.\u003c/p>\n\u003cp>Ilse Knecht, the advocacy and policy director for the Joyful Heart Foundation, which advocates for survivors of sexual assault, said she fears the recent revelation will further discourage sexual assault victims from coming forward.\u003c/p>\n\u003cp>\"Survivors often feel shame and blame, and they really fear the societal response to coming forward, and this type of action just continues to increase their fear and breaks their trust,\" she said, noting that fewer than a third of sexual assault victims report the incidents. \"It just makes me sick. If survivors think that their DNA is going to be run through databases, they're not going to report.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting from Bay City News's Daniel Montes.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco police regularly log rape victims’ DNA information into a database to use as evidence in unrelated crimes.\u003c/p>\n\u003cp>That's according to an explosive allegation made this week by the city’s top prosecutor, who is calling for local and state legislation to specifically outlaw the practice.\u003c/p>\n\u003cp>\"We are here to end a routine practice that violates the law and abuses the trust of survivors,\" District Attorney Chesa Boudin said at a press conference Tuesday. \"It is my commitment going forward to never use DNA obtained in this unlawful way.\"\u003c/p>\n\u003cp>Boudin said he recently became aware of the practice when one of his prosecutor's working on a property crime case received a set of records from police detailing how a female suspect had been identified and subsequently arrested. In the documents, investigators described conducting a \"routine search\" of an internal database that revealed a match with a 2016 sample, collected after she had been sexually assaulted.\u003c/p>\n\u003cp>Following the press conference Tuesday, \u003ca href=\"https://www.sfchronicle.com/sf/article/D-A-Chesa-Boudin-drops-case-against-suspect-16921640.php\">Boudin's office said it was dismissing the charge\u003c/a> against the woman in question, claiming that the evidence that led to the arrest had been gathered unlawfully, in violation of her rights.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Victims of sexual assault can voluntarily submit DNA evidence through a forensic exam as part of what's commonly called a \"rape kit,\" used to distinguish and identify perpetrators.\u003c/p>\n\u003cp>Boudin, who faces a June recall election, said the recent revelation makes clear that the SFPD crime lab, and likely many other crime labs around the state, routinely use DNA collected from rape kits to investigate unrelated crimes.\u003c/p>\n\u003cp>\"We don't know how many thousands of survivors of sexual assault have their DNA without their consent — in violation of Marsy’s Law and violation of the Fourth Amendment — stored in this database,\" Boudin said, referring to California's victims' bill of rights law, and the right to privacy guaranteed in the U.S. Constitution. \"We don't know if there are children who have survived sexual assault who have their DNA in this database. We don't know because the process has been opaque and it has been hidden from public view, and it must stop today.\"\u003c/p>\n\u003cp>In a statement, San Francisco Police Chief Bill Scott said police officials would thoroughly investigate the allegation, emphasizing that his department's existing DNA collection policies have been \"legally vetted and conform with state and national forensic standards.\" He also suggested the possibility that the victim's DNA had been found in an unrelated database.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\"We must never create disincentives for crime victims to cooperate with police, and if it's true that DNA collected from a rape or sexual assault victim has been used by SFPD to identify and apprehend that person as a suspect in another crime, I'm committed to ending the practice,\" Scott said. \"Although I am informed of the possibility that the suspect in this case may have been identified through a DNA hit in a nonvictim DNA database, I think the questions raised by our district attorney today are sufficiently concerning.\"\u003c/p>\n\u003cp>Despite ongoing tensions between the police department and Boudin's office, including a recent rift over a \u003ca href=\"https://www.usnews.com/news/best-states/california/articles/2022-02-14/california-ag-others-to-help-with-new-sf-investigation-pact\">terminated investigative agreement\u003c/a> regarding police use-of-force incidents, Scott said he's willing to work with Boudin to address the matter and build trust with victims of sexual assault.\u003c/p>\n\u003cp>\"Whatever disagreements District Attorney Boudin and I may have, we agree that this issue needs to be addressed,\" Scott said. \"At the end of the day, our respective departments exist to do justice for victims of crime. The last thing we should ever do is discourage their cooperation with us to accomplish that.\"\u003c/p>\n\u003cp>Following Boudin’s allegation, state Sen. Scott Wiener, D-San Francisco, and San Francisco Supervisor Hillary Ronen were quick to voice their support for new legislation barring the practice.\u003c/p>\n\u003cp>\"If survivors believe their DNA may end up being used against them in the future, they'll have one more reason not to participate in the rape kit process,\" Wiener said on Monday. \"That's why I'm working with the DA's office to address this problem through state legislation, if needed.\"\u003c/p>\n\u003cp>Ronen said she had already asked the city attorney to draft legislation to prevent DNA evidence — or any sort of evidence from a victim's rape kit — to be used for anything other than investigating that incident.\u003c/p>\n\u003cp>\"There are already enormous barriers for victims of rape to come forward to report the crime,\" she said.\u003c/p>\n\u003cp>Ilse Knecht, the advocacy and policy director for the Joyful Heart Foundation, which advocates for survivors of sexual assault, said she fears the recent revelation will further discourage sexual assault victims from coming forward.\u003c/p>\n\u003cp>\"Survivors often feel shame and blame, and they really fear the societal response to coming forward, and this type of action just continues to increase their fear and breaks their trust,\" she said, noting that fewer than a third of sexual assault victims report the incidents. \"It just makes me sick. If survivors think that their DNA is going to be run through databases, they're not going to report.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting from Bay City News's Daniel Montes.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "With Date Set on Recall Election of SF DA Chesa Boudin, Campaigns Kick Into High Gear",
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"content": "\u003cp>Elections officials announced Tuesday that a recall election against San Francisco District Attorney Chesa Boudin will appear on the ballot in June, giving residents a chance to keep or oust the former public defender who has been a prosecutor for less than two years.\u003c/p>\n\u003cp>Critics say Boudin, 41, has failed to prosecute repeat offenders, allowing them to commit more crimes that have contributed to the deterioration of the city’s quality of life. His supporters say his progressive policies of ending mass incarceration and promoting restorative justice are what San Francisco wants and that he’s being blamed unfairly for problems that have vexed the city for years.\u003c/p>\n\u003cp>[aside postID=\"news_11894065\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/Autumn_Siva_petitions_credit_Recall_SF_School_Board-1-1020x765.jpeg\"]The recall effort was widely expected to make the ballot after backers submitted about 80,000 signatures in October, more than the 51,325 required. The June 7 election will be consolidated with the California statewide primary election.\u003c/p>\n\u003cp>“We have tremendous momentum on our side that is growing daily in every corner of San Francisco,” said recall campaign chair Mary Jung in a statement, also pledging to “help ensure San Francisco has a DA that makes public safety their No. 1 priority.”\u003c/p>\n\u003cp>The recall campaign also makes the case that Boudin has failed to properly prosecute serial offenders. Julie Edwards, a spokesperson for the anti-recall campaign, however, argues that Boudin’s prosecution rate is about the same as his predecessors.\u003c/p>\n\u003cp>According to data released by the DA’s office, \u003ca href=\"https://www.sfdistrictattorney.org/policy/da-stat/\">Boudin filed charges in more than 52%\u003c/a> of the roughly 2,600 arrests made in the city in 2020. The filing rate was similar under Boudin’s predecessor, George Gascón, during his first four years in office, but it gradually increased, reaching 67% by 2019, when he stepped down. So far this year, however, Boudin’s filing rate is notably higher than it was last year — currently exceeding 67%.\u003c/p>\n\u003cp>Edwards also argues that the recall effort is a “Republican power grab,” a claim that recall advocates rejected in a statement shared with KQED.\u003c/p>\n\u003cp>“Boudin was elected to reform our criminal justice system to make our city safer and expand services to victims,” Edwards said. “That’s what he has been doing. That’s what he’ll continue to do.”\u003c/p>\n\u003cp>Boudin was elected district attorney in 2019 as part of a national wave of progressive prosecutors determined to reform the criminal justice system. He was a baby when his parents as Weathermen radicals were sentenced to long prison terms for their roles in a 1981 robbery that left two police officers and a security guard dead.\u003c/p>\n\u003cp>Kathy Boudin was paroled in 2003. David Gilbert \u003ca href=\"https://apnews.com/article/san-francisco-california-elections-recall-elections-crime-f8d56f34394b6d171057a32c3558dc38\">was granted parole last month\u003c/a>.\u003c/p>\n\u003cp>In January, Boudin came under fire after a parolee allegedly \u003ca href=\"https://apnews.com/article/san-francisco-police-robbery-eb8da5d44f7ef8467c3ca2b521676258\">ran a red light in a stolen car and killed two women on New Year’s Eve\u003c/a>. The police union said Boudin’s office missed several chances to prosecute Troy McAlister and hold him in jail, including days earlier when he was arrested for alleged car theft.\u003c/p>\n\u003cp>Boudin at the time said charging McAlister with a nonviolent crime would not necessarily have put him behind bars and off the streets.\u003c/p>\n\u003cp>[aside postID=\"news_11853808\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/San-Francisco-District-Attorney_candidate_Chesa-Boudin-qut-1020x680.jpg\"]San Francisco voters will also get the chance in February \u003ca href=\"https://apnews.com/article/elections-education-san-francisco-school-boards-municipal-elections-848dc744d1f88f6411fef54edb2867f5\">to recall three members of the scandal-plagued San Francisco Board of Education\u003c/a>. The board drew national attention last year when it moved ahead with a plan to rename nearly four dozen schools as part of a racial reckoning while classrooms stayed shuttered, even as other districts opened to in-class instruction. The renaming plan was scrapped.\u003c/p>\n\u003cp>Mayor London Breed, a Democrat who did not support Boudin in the DA’s race, has not expressed an opinion on his recall. She would name his replacement should the recall succeed.\u003c/p>\n\u003cp>Breed, however, said Tuesday in a statement that \u003ca href=\"https://www.sfchronicle.com/sf/article/Mayor-Breed-backs-recall-of-three-San-Francisco-16607126.php?utm_campaign=CMS%20Sharing%20Tools%20(Premium)&utm_source=t.co&utm_medium=referral\">she supports the recall of all three school board members\u003c/a>, saying the board’s priorities were misplaced. She would also get to name their replacements should they lose.\u003c/p>\n\u003cp>In September, Californians widely rejected a recall of Gov. Gavin Newsom.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED’s Azul Dahlstrom-Eckman.\u003c/em>\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Elections officials announced Tuesday that a recall election against San Francisco District Attorney Chesa Boudin will appear on the ballot in June, giving residents a chance to keep or oust the former public defender who has been a prosecutor for less than two years.\u003c/p>\n\u003cp>Critics say Boudin, 41, has failed to prosecute repeat offenders, allowing them to commit more crimes that have contributed to the deterioration of the city’s quality of life. His supporters say his progressive policies of ending mass incarceration and promoting restorative justice are what San Francisco wants and that he’s being blamed unfairly for problems that have vexed the city for years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The recall effort was widely expected to make the ballot after backers submitted about 80,000 signatures in October, more than the 51,325 required. The June 7 election will be consolidated with the California statewide primary election.\u003c/p>\n\u003cp>“We have tremendous momentum on our side that is growing daily in every corner of San Francisco,” said recall campaign chair Mary Jung in a statement, also pledging to “help ensure San Francisco has a DA that makes public safety their No. 1 priority.”\u003c/p>\n\u003cp>The recall campaign also makes the case that Boudin has failed to properly prosecute serial offenders. Julie Edwards, a spokesperson for the anti-recall campaign, however, argues that Boudin’s prosecution rate is about the same as his predecessors.\u003c/p>\n\u003cp>According to data released by the DA’s office, \u003ca href=\"https://www.sfdistrictattorney.org/policy/da-stat/\">Boudin filed charges in more than 52%\u003c/a> of the roughly 2,600 arrests made in the city in 2020. The filing rate was similar under Boudin’s predecessor, George Gascón, during his first four years in office, but it gradually increased, reaching 67% by 2019, when he stepped down. So far this year, however, Boudin’s filing rate is notably higher than it was last year — currently exceeding 67%.\u003c/p>\n\u003cp>Edwards also argues that the recall effort is a “Republican power grab,” a claim that recall advocates rejected in a statement shared with KQED.\u003c/p>\n\u003cp>“Boudin was elected to reform our criminal justice system to make our city safer and expand services to victims,” Edwards said. “That’s what he has been doing. That’s what he’ll continue to do.”\u003c/p>\n\u003cp>Boudin was elected district attorney in 2019 as part of a national wave of progressive prosecutors determined to reform the criminal justice system. He was a baby when his parents as Weathermen radicals were sentenced to long prison terms for their roles in a 1981 robbery that left two police officers and a security guard dead.\u003c/p>\n\u003cp>Kathy Boudin was paroled in 2003. David Gilbert \u003ca href=\"https://apnews.com/article/san-francisco-california-elections-recall-elections-crime-f8d56f34394b6d171057a32c3558dc38\">was granted parole last month\u003c/a>.\u003c/p>\n\u003cp>In January, Boudin came under fire after a parolee allegedly \u003ca href=\"https://apnews.com/article/san-francisco-police-robbery-eb8da5d44f7ef8467c3ca2b521676258\">ran a red light in a stolen car and killed two women on New Year’s Eve\u003c/a>. The police union said Boudin’s office missed several chances to prosecute Troy McAlister and hold him in jail, including days earlier when he was arrested for alleged car theft.\u003c/p>\n\u003cp>Boudin at the time said charging McAlister with a nonviolent crime would not necessarily have put him behind bars and off the streets.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>San Francisco voters will also get the chance in February \u003ca href=\"https://apnews.com/article/elections-education-san-francisco-school-boards-municipal-elections-848dc744d1f88f6411fef54edb2867f5\">to recall three members of the scandal-plagued San Francisco Board of Education\u003c/a>. The board drew national attention last year when it moved ahead with a plan to rename nearly four dozen schools as part of a racial reckoning while classrooms stayed shuttered, even as other districts opened to in-class instruction. The renaming plan was scrapped.\u003c/p>\n\u003cp>Mayor London Breed, a Democrat who did not support Boudin in the DA’s race, has not expressed an opinion on his recall. She would name his replacement should the recall succeed.\u003c/p>\n\u003cp>Breed, however, said Tuesday in a statement that \u003ca href=\"https://www.sfchronicle.com/sf/article/Mayor-Breed-backs-recall-of-three-San-Francisco-16607126.php?utm_campaign=CMS%20Sharing%20Tools%20(Premium)&utm_source=t.co&utm_medium=referral\">she supports the recall of all three school board members\u003c/a>, saying the board’s priorities were misplaced. She would also get to name their replacements should they lose.\u003c/p>\n\u003cp>In September, Californians widely rejected a recall of Gov. Gavin Newsom.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED’s Azul Dahlstrom-Eckman.\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"tagline": "Art is where you find it",
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"soldout": {
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"tagline": "A new future for housing",
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"info": "",
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"tech-nation": {
"id": "tech-nation",
"title": "Tech Nation Radio Podcast",
"info": "Tech Nation is a weekly public radio program, hosted by Dr. Moira Gunn. Founded in 1993, it has grown from a simple interview show to a multi-faceted production, featuring conversations with noted technology and science leaders, and a weekly science and technology-related commentary.",
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"ted-radio-hour": {
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"title": "TED Radio Hour",
"info": "The TED Radio Hour is a journey through fascinating ideas, astonishing inventions, fresh approaches to old problems, and new ways to think and create.",
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