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"disqusTitle": "U.S. Supreme Court Hears Case on SFPD Shooting of Mentally Ill Woman",
"title": "U.S. Supreme Court Hears Case on SFPD Shooting of Mentally Ill Woman",
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"content": "\u003cp>\u003cstrong>Update, 6 p.m. Monday\u003c/strong>:\u003cbr>\nOral arguments before the U.S. Supreme Court in a case that could decide if and how the Americans With Disabilities Act applies to police encounters with potentially violent people in psychiatric crisis got off to a rough start for the City of San Francisco today.\u003c/p>\n\u003cp>The city's Chief of Appellate Litigation Christine Van Aken didn't get to the second sentence of her opening remarks before Justice Antonin Scalia interrupted and asked her to explain why San Francisco's argument appeared to have significantly changed since it petitioned the high court to hear the case.\u003c/p>\n\u003caside class=\"pullquote alignright\">'There’s a technical word for this. It’s called bait-and-switch.'\u003ccite>Antonin Scalia,\u003cbr>U.S. Supreme Court Justice\u003c/cite>\u003c/aside>\n\u003cp>The case centers on a 2008 officer-involved shooting in San Francisco. Two officers responded to a call from a supportive housing complex in the city's Mission District and attempted to take Teresa Sheehan into custody for a psychiatric evaluation, but Sheehan threatened them with a knife and slammed her apartment door on them. The officers forced the door open, pepper sprayed Sheehan, and when she moved toward them, shot her five times. She survived and sued the city in federal court.\u003c/p>\n\u003cp>Scalia took issue with the City's nuanced view of the ADA's application to an arrest that involves the potential for violence. He said San Francisco's petition argued the ADA does not apply, period. The argument softened by this morning, with the city conceding the law does generally require public entities, like police, to make reasonable accommodations even when a suspect is potentially violent.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/197375563\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>But \"modification to Sheehan’s arrest would not have eliminated the significant risk she posed,\" the city's brief says.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"There’s a technical word for this,\" Scalia said. \"It’s called bait-and-switch.\"\u003c/p>\n\u003cp>Van Aken responded: \"San Francisco asked you to resolve the question of whether and how the ADA applies to the arrest of an armed and violent individual, and the answer to that question is it only applies where the significant threat that the individual poses has been eliminated.\"\u003c/p>\n\u003cp>The eight-judge panel wrestled with questions raised by that point for most the remainder of the hearing: How did Sheehan present a significant threat when she was locked, alone, in her second floor apartment, and how could such a threat be eliminated?\u003c/p>\n\u003cp>San Francisco has argued that despite being told by Sheehan's social worker that the building was empty, save Sheehan, and that there was no way to escape from the second-story window without a ladder, officers couldn't be sure that Sheehan posed no threat to any other person while she was locked in her room.\u003c/p>\n\u003cp>Justice Sonia Sotomayor asked Van Aken to assume Sheehan was alone and there was no means of escape.\u003c/p>\n\u003cp>[contextly_sidebar id=\"GdUicVJLoTShZkLfvrcygiwx2XJGdF9V\"]\u003c/p>\n\u003cp>\"We still think there would be a question about whether she had other weapons in the room and could be preparing some kind of ambush or some kind of barricade, and that’s something that the officers here testified they were concerned about,\" Van Aken said. \"So what they thought was necessary was to get that door open so that they could see what Ms. Sheehan was doing, so they could see if she was preparing an ambush or barricade.\"\u003c/p>\n\u003cp>Sheehan's lead attorney, Leonard Feldman, told the court all parties appeared to agree on legal issues in the case, and the question before the court was one of fact.\u003c/p>\n\u003cp>\"Exactly,\" Scalia said. \"I don’t know why we took the case.\"\u003c/p>\n\u003cp>Feldman said San Francisco is arguing against a legal standard that is, basically, San Francisco policy.\u003c/p>\n\u003cp>\"In our case, we have symmetry between the proposed accommodation, on the one hand, and the way that San Francisco trains its officers and also universally accepted methods for dealing with mentally disabled individuals,\" he said. \"There’s no dispute that the way to interact with mentally disabled individuals is through communication and time. Police officers know that, and they’re trained in that way.\"\u003c/p>\n\u003cp>Feldman said \"reasonable accommodations\" could include programs like a Crisis Intervention Team, which San Francisco has adopted. It's just one of many specialized police responses that emphasizes de-escaltion -- sometimes called verbal judo -- instead of direct confrontation.\u003c/p>\n\u003cp>\"I think the Court knows that this is a case with enormous policy implications,\" Feldman said. \"We see this in the news day after day, week after week, where the police arrive to help somebody and they wind up hurting them,\" Feldman said. \"And, Your Honors, it’s only when officers and public entities are held accountable for actions like those that occurred here that we can expect to see a change in that pattern.\"\u003c/p>\n\u003cp>The Supreme Court is expected to issue a ruling in the case sometime in early Summer.\u003c/p>\n\u003cp>\u003cstrong>Original Post Sunday, March 22\u003c/strong>:\u003cbr>\nThe U.S. Supreme Court will hear a case Monday that's being closely watched by law enforcement and advocates for the mentally ill -- on an appeal brought by San Francisco.\u003c/p>\n\u003cp>The Supreme Court is weighing two issues: Whether the Americans With Disabilities Act requires police to provide accommodations to an \"armed, violent, and mentally ill suspect in the course of\u003cbr>\nbringing the suspect into custody,\" and whether two San Francisco police officers violated the Fourth Amendment rights of Teresa Sheehan when they forced their way into her apartment after discovering she was armed with a bread knife.\u003c/p>\n\u003cp>\"This is a big issue: Should the mentally ill be handled by the police differently?\" UC Hastings law professor Rory Little said. \"Increasingly, police are confronting people with mental illness on the streets or in their homes or apartments, and there is a growing concern that the confrontational approach of the police unnecessarily stimulates violence.\"\u003c/p>\n\u003cp>SFPD policy around the type of incidents at issue in this case changed after the shooting, but if the city is successful at the Supreme Court, that kind of change may be stifled in other cities.\u003c/p>\n\u003cp>The case -- \u003ca href=\"http://www.americanbar.org/publications/preview_home/13-1412.html?cq_ck=1421878054315\" target=\"_blank\">City and County of San Francisco v. Teresa Sheehan\u003c/a> -- stems from a 2008 officer-involved shooting at a co-op apartment building for people with mental illness in the city's Mission District. Officers responded to a call from a social worker in the building, who told them Sheehan, who is diagnosed with schizoaffective disorder, had threatened him when he tried to check on her.\u003c/p>\n\u003cp>The social worker told responding SFPD Officer Kathrine Holder about Sheehan's medical history, and Holder called Sgt. Kimberly Reynolds to the scene. The two officers then made a plan to detain Sheehan for a psychiatric evaluation and knocked on her second-floor apartment's door.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp style=\"font-size: 18px;text-align: left\">Listen to the KQED special series:\u003cbr>\n'Dial it Down: When a Call for Help Turns Deadly'\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/170360914\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003c/aside>\n\u003cp>Sheehan didn't answer, and officers used a key to open the door -- their first entry into her apartment. Sheehan became aggressive and came at the police with a serrated bread knife. She forced the door closed, and the officers were left outside.\u003c/p>\n\u003cp>They called for backup and Holder began trying to force the door open. She broke through it just as backup was arriving, and Reynolds launched a stream of pepper spray into Sheehan's face. Sheehan staggered into the hallway, still brandishing the knife.\u003c/p>\n\u003cp>\u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV4/13-1412_pet.pdf\" target=\"_blank\">San Francisco's brief\u003c/a> to the Supreme Court gives one view of what happened next:\u003c/p>\n\u003cblockquote>\u003cp>Holder was in the alcove next to Sheehan’s room, cornered. With her back literally against the wall, Holder fired twice at Sheehan. Sheehan was three feet from Holder – so close that Holder had to fire from the hip so Sheehan would not slash her arm. After Holder shot Sheehan twice, Sheehan did not drop her knife or fall to the floor. Instead, she turned\u003cbr>\nand stepped toward Reynolds with her knife. Reynolds fired three times at Sheehan. Sheehan stabbed toward Holder’s leg as she went down to the ground, and Reynolds’ last shot struck Sheehan when she was on the ground.\u003c/p>\u003c/blockquote>\n\u003cp>Here's a description of the shooting from \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV5/13-1412_resp.pdf\" target=\"_blank\">Sheehan's brief\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>As soon as the officers forced the door open, Sheehan stepped forward holding her bread knife and told the officers “to go away. Leave me alone.” Reynolds responded by shooting pepper spray into Sheehan’s face. Sheehan screamed that the officers were blinding her and she could not see. Reynolds and Holder then shot Sheehan four times. With wounds in her torso and right arm, Sheehan fell to the ground but the officers’ attack continued. According to Holder’s statement on the day of the shooting and Sheehan’s forensic science expert, Reynolds shot Sheehan in the face after she was lying on the ground.\u003c/p>\u003c/blockquote>\n\u003cp>Sheehan survived. She was initially charged with assault but was acquitted, and then she sued the city in federal court. District Court Judge Charles Breyer, the brother of U.S. Supreme Court Justice Stephen Breyer, ruled in a summary judgment in favor of San Francisco.\u003c/p>\n\u003cp>However, the \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\">9th U.S. Circuit Court of Appeals ruled\u003c/a> a jury could find Sheehan was legally entitled to accommodations under the ADA -- specifically that officers should have stepped back, contained the scene and waited for backup, including officers specially trained to respond to psychiatric crises. The appellate court also found that officers may have violated the Fourth Amendment's prohibition of unreasonable search and seizure.\u003c/p>\n\u003cp>\"[A] jury could find that the officers acted unreasonably by forcing the second entry and provoking a near-fatal confrontation,\" the 9th Circuit opinion says. \"We therefore cannot say that the second entry was reasonable as a matter of law.\"\u003c/p>\n\u003cp>Two national law enforcement organizations joined a \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV4/13-1412_amicus_pet_imla.authcheckdam.pdf\" target=\"_blank\">brief supporting San Francisco's appeal\u003c/a>. The brief argues that the ADA should inform policing policy at the department level, but should not apply to \"on-the-street decisionmaking when a law enforcement officer faces an active public safety threat by an armed, violent individual.\"\u003c/p>\n\u003cp>More than 20 advocacy organizations for people with mental illness joined briefs supporting Sheehan's position, authored by the \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV5/13-1412_amicus_resp_apa.authcheckdam.pdf\" target=\"_blank\">American Psychiatric Association\u003c/a> and the \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV5/13-1412_amicus_resp_aclu.authcheckdam.pdf\" target=\"_blank\">American Civil Liberties Union\u003c/a>.\u003c/p>\n\u003cp>The ACLU cites a September \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">KQED report\u003c/a> that found 58 percent of people killed by San Francisco police between 2005 and 2013 had a mental illness that was a contributing factor in the incident. The brief argues the ADA should apply to Sheehan's arrest because the law's \"reasonable accommodation\" requirement mandates a specialized police response, such as a Crisis Intervention Team, in situations where a subject is known to have a mental illness.\u003c/p>\n\u003cp>\"These practices were specifically designed for potentially dangerous situations,\" the brief says. \"San Francisco’s position — that the police should be free to forego these strategies in precisely the situation for which they were meant — makes no sense at all.\"\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr issued a \u003ca href=\"https://www.scribd.com/doc/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\">department bulletin in 2013\u003c/a> clarifying SFPD protocol when mentally ill subjects may be a threat to themselves, but no one else.\u003c/p>\n\u003cfigure id=\"attachment_10401680\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg\">\u003cimg class=\"size-thumbnail wp-image-10401680\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg\" alt=\"Teresa Sheehan\" width=\"400\" height=\"279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg 464w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Teresa Sheehan at Christmas dinner in 2014. \u003ccite>(Courtesy of Francis Sheehan)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It says: \"[I]f officers have reasonable cause to believe that the person suffering an apparent mental crisis is not a threat to \u003cem>any other\u003c/em> person, the officers shall observe, maintain a safe distance, and attempt to stabilize the scene until the arrival of the supervisor who will assume command.\" (Emphasis original.)\u003c/p>\n\u003cp>Another SFPD \u003ca href=\"https://www.scribd.com/doc/259505756/SFPD-Bulletin-Response-by-Crisis-Intervention-Trained-Officers\" target=\"_blank\">bulletin, issued in May 2014\u003c/a>, describes department policy for deploying specially trained officers to calls involving mental health crises.\u003c/p>\n\u003cp>Deputy City Attorney Peter Keith told \u003ca href=\"ww2.kqed.org/news/2015/01/09/disability-advocates-appeal-over-s-f-police-shooting-puts-ada-at-risk\" target=\"_blank\">KQED in January\u003c/a> that San Francisco believes the ADA should apply to arrests, but there is disagreement about what constitutes a \"reasonable accommodation\" during a potentially violent confrontation.\u003c/p>\n\u003cp>San Francisco is arguing that officers couldn't be sure Sheehan was alone, despite being told so by the social worker who called them, and she could have escaped from her second-story window and posed a threat to other people.\u003c/p>\n\u003cp>\"What the city doesn't want is a ruling that says the Americans With Disabilities Act, a federal statute, applies in these situations,\" Little said. \"In other words, if they want to adopt this as a progressive policing policy, that's fine. They just don't want to be in a sense governed by regulations and an entire statutory structure that some people think wasn't designed for the police department.\"\u003c/p>\n\u003cp>Little said San Francisco's nuanced position on the ADA could be irrelevant to the ultimate ruling. The Supreme Court could rule the ADA simply does not apply to potentially violent confrontations between police and someone in psychiatric crisis.\u003c/p>\n\u003cp>\"Once the Supreme Court has it, it really isn't going matter what the City and County of San Francisco says,\" Little said. \"There are now municipalities all around the country that are interested in the answer to this question, and the answer to the question will govern nationally.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Little said it's likely Justice Breyer will recuse himself from the case, leaving eight justices to decide the issue.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 6 p.m. Monday\u003c/strong>:\u003cbr>\nOral arguments before the U.S. Supreme Court in a case that could decide if and how the Americans With Disabilities Act applies to police encounters with potentially violent people in psychiatric crisis got off to a rough start for the City of San Francisco today.\u003c/p>\n\u003cp>The city's Chief of Appellate Litigation Christine Van Aken didn't get to the second sentence of her opening remarks before Justice Antonin Scalia interrupted and asked her to explain why San Francisco's argument appeared to have significantly changed since it petitioned the high court to hear the case.\u003c/p>\n\u003caside class=\"pullquote alignright\">'There’s a technical word for this. It’s called bait-and-switch.'\u003ccite>Antonin Scalia,\u003cbr>U.S. Supreme Court Justice\u003c/cite>\u003c/aside>\n\u003cp>The case centers on a 2008 officer-involved shooting in San Francisco. Two officers responded to a call from a supportive housing complex in the city's Mission District and attempted to take Teresa Sheehan into custody for a psychiatric evaluation, but Sheehan threatened them with a knife and slammed her apartment door on them. The officers forced the door open, pepper sprayed Sheehan, and when she moved toward them, shot her five times. She survived and sued the city in federal court.\u003c/p>\n\u003cp>Scalia took issue with the City's nuanced view of the ADA's application to an arrest that involves the potential for violence. He said San Francisco's petition argued the ADA does not apply, period. The argument softened by this morning, with the city conceding the law does generally require public entities, like police, to make reasonable accommodations even when a suspect is potentially violent.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/197375563&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/197375563'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But \"modification to Sheehan’s arrest would not have eliminated the significant risk she posed,\" the city's brief says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"There’s a technical word for this,\" Scalia said. \"It’s called bait-and-switch.\"\u003c/p>\n\u003cp>Van Aken responded: \"San Francisco asked you to resolve the question of whether and how the ADA applies to the arrest of an armed and violent individual, and the answer to that question is it only applies where the significant threat that the individual poses has been eliminated.\"\u003c/p>\n\u003cp>The eight-judge panel wrestled with questions raised by that point for most the remainder of the hearing: How did Sheehan present a significant threat when she was locked, alone, in her second floor apartment, and how could such a threat be eliminated?\u003c/p>\n\u003cp>San Francisco has argued that despite being told by Sheehan's social worker that the building was empty, save Sheehan, and that there was no way to escape from the second-story window without a ladder, officers couldn't be sure that Sheehan posed no threat to any other person while she was locked in her room.\u003c/p>\n\u003cp>Justice Sonia Sotomayor asked Van Aken to assume Sheehan was alone and there was no means of escape.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"We still think there would be a question about whether she had other weapons in the room and could be preparing some kind of ambush or some kind of barricade, and that’s something that the officers here testified they were concerned about,\" Van Aken said. \"So what they thought was necessary was to get that door open so that they could see what Ms. Sheehan was doing, so they could see if she was preparing an ambush or barricade.\"\u003c/p>\n\u003cp>Sheehan's lead attorney, Leonard Feldman, told the court all parties appeared to agree on legal issues in the case, and the question before the court was one of fact.\u003c/p>\n\u003cp>\"Exactly,\" Scalia said. \"I don’t know why we took the case.\"\u003c/p>\n\u003cp>Feldman said San Francisco is arguing against a legal standard that is, basically, San Francisco policy.\u003c/p>\n\u003cp>\"In our case, we have symmetry between the proposed accommodation, on the one hand, and the way that San Francisco trains its officers and also universally accepted methods for dealing with mentally disabled individuals,\" he said. \"There’s no dispute that the way to interact with mentally disabled individuals is through communication and time. Police officers know that, and they’re trained in that way.\"\u003c/p>\n\u003cp>Feldman said \"reasonable accommodations\" could include programs like a Crisis Intervention Team, which San Francisco has adopted. It's just one of many specialized police responses that emphasizes de-escaltion -- sometimes called verbal judo -- instead of direct confrontation.\u003c/p>\n\u003cp>\"I think the Court knows that this is a case with enormous policy implications,\" Feldman said. \"We see this in the news day after day, week after week, where the police arrive to help somebody and they wind up hurting them,\" Feldman said. \"And, Your Honors, it’s only when officers and public entities are held accountable for actions like those that occurred here that we can expect to see a change in that pattern.\"\u003c/p>\n\u003cp>The Supreme Court is expected to issue a ruling in the case sometime in early Summer.\u003c/p>\n\u003cp>\u003cstrong>Original Post Sunday, March 22\u003c/strong>:\u003cbr>\nThe U.S. Supreme Court will hear a case Monday that's being closely watched by law enforcement and advocates for the mentally ill -- on an appeal brought by San Francisco.\u003c/p>\n\u003cp>The Supreme Court is weighing two issues: Whether the Americans With Disabilities Act requires police to provide accommodations to an \"armed, violent, and mentally ill suspect in the course of\u003cbr>\nbringing the suspect into custody,\" and whether two San Francisco police officers violated the Fourth Amendment rights of Teresa Sheehan when they forced their way into her apartment after discovering she was armed with a bread knife.\u003c/p>\n\u003cp>\"This is a big issue: Should the mentally ill be handled by the police differently?\" UC Hastings law professor Rory Little said. \"Increasingly, police are confronting people with mental illness on the streets or in their homes or apartments, and there is a growing concern that the confrontational approach of the police unnecessarily stimulates violence.\"\u003c/p>\n\u003cp>SFPD policy around the type of incidents at issue in this case changed after the shooting, but if the city is successful at the Supreme Court, that kind of change may be stifled in other cities.\u003c/p>\n\u003cp>The case -- \u003ca href=\"http://www.americanbar.org/publications/preview_home/13-1412.html?cq_ck=1421878054315\" target=\"_blank\">City and County of San Francisco v. Teresa Sheehan\u003c/a> -- stems from a 2008 officer-involved shooting at a co-op apartment building for people with mental illness in the city's Mission District. Officers responded to a call from a social worker in the building, who told them Sheehan, who is diagnosed with schizoaffective disorder, had threatened him when he tried to check on her.\u003c/p>\n\u003cp>The social worker told responding SFPD Officer Kathrine Holder about Sheehan's medical history, and Holder called Sgt. Kimberly Reynolds to the scene. The two officers then made a plan to detain Sheehan for a psychiatric evaluation and knocked on her second-floor apartment's door.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\n\u003cp style=\"font-size: 18px;text-align: left\">Listen to the KQED special series:\u003cbr>\n'Dial it Down: When a Call for Help Turns Deadly'\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/170360914&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/170360914'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003c/aside>\n\u003cp>Sheehan didn't answer, and officers used a key to open the door -- their first entry into her apartment. Sheehan became aggressive and came at the police with a serrated bread knife. She forced the door closed, and the officers were left outside.\u003c/p>\n\u003cp>They called for backup and Holder began trying to force the door open. She broke through it just as backup was arriving, and Reynolds launched a stream of pepper spray into Sheehan's face. Sheehan staggered into the hallway, still brandishing the knife.\u003c/p>\n\u003cp>\u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV4/13-1412_pet.pdf\" target=\"_blank\">San Francisco's brief\u003c/a> to the Supreme Court gives one view of what happened next:\u003c/p>\n\u003cblockquote>\u003cp>Holder was in the alcove next to Sheehan’s room, cornered. With her back literally against the wall, Holder fired twice at Sheehan. Sheehan was three feet from Holder – so close that Holder had to fire from the hip so Sheehan would not slash her arm. After Holder shot Sheehan twice, Sheehan did not drop her knife or fall to the floor. Instead, she turned\u003cbr>\nand stepped toward Reynolds with her knife. Reynolds fired three times at Sheehan. Sheehan stabbed toward Holder’s leg as she went down to the ground, and Reynolds’ last shot struck Sheehan when she was on the ground.\u003c/p>\u003c/blockquote>\n\u003cp>Here's a description of the shooting from \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV5/13-1412_resp.pdf\" target=\"_blank\">Sheehan's brief\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>As soon as the officers forced the door open, Sheehan stepped forward holding her bread knife and told the officers “to go away. Leave me alone.” Reynolds responded by shooting pepper spray into Sheehan’s face. Sheehan screamed that the officers were blinding her and she could not see. Reynolds and Holder then shot Sheehan four times. With wounds in her torso and right arm, Sheehan fell to the ground but the officers’ attack continued. According to Holder’s statement on the day of the shooting and Sheehan’s forensic science expert, Reynolds shot Sheehan in the face after she was lying on the ground.\u003c/p>\u003c/blockquote>\n\u003cp>Sheehan survived. She was initially charged with assault but was acquitted, and then she sued the city in federal court. District Court Judge Charles Breyer, the brother of U.S. Supreme Court Justice Stephen Breyer, ruled in a summary judgment in favor of San Francisco.\u003c/p>\n\u003cp>However, the \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\">9th U.S. Circuit Court of Appeals ruled\u003c/a> a jury could find Sheehan was legally entitled to accommodations under the ADA -- specifically that officers should have stepped back, contained the scene and waited for backup, including officers specially trained to respond to psychiatric crises. The appellate court also found that officers may have violated the Fourth Amendment's prohibition of unreasonable search and seizure.\u003c/p>\n\u003cp>\"[A] jury could find that the officers acted unreasonably by forcing the second entry and provoking a near-fatal confrontation,\" the 9th Circuit opinion says. \"We therefore cannot say that the second entry was reasonable as a matter of law.\"\u003c/p>\n\u003cp>Two national law enforcement organizations joined a \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV4/13-1412_amicus_pet_imla.authcheckdam.pdf\" target=\"_blank\">brief supporting San Francisco's appeal\u003c/a>. The brief argues that the ADA should inform policing policy at the department level, but should not apply to \"on-the-street decisionmaking when a law enforcement officer faces an active public safety threat by an armed, violent individual.\"\u003c/p>\n\u003cp>More than 20 advocacy organizations for people with mental illness joined briefs supporting Sheehan's position, authored by the \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV5/13-1412_amicus_resp_apa.authcheckdam.pdf\" target=\"_blank\">American Psychiatric Association\u003c/a> and the \u003ca href=\"http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/BriefsV5/13-1412_amicus_resp_aclu.authcheckdam.pdf\" target=\"_blank\">American Civil Liberties Union\u003c/a>.\u003c/p>\n\u003cp>The ACLU cites a September \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">KQED report\u003c/a> that found 58 percent of people killed by San Francisco police between 2005 and 2013 had a mental illness that was a contributing factor in the incident. The brief argues the ADA should apply to Sheehan's arrest because the law's \"reasonable accommodation\" requirement mandates a specialized police response, such as a Crisis Intervention Team, in situations where a subject is known to have a mental illness.\u003c/p>\n\u003cp>\"These practices were specifically designed for potentially dangerous situations,\" the brief says. \"San Francisco’s position — that the police should be free to forego these strategies in precisely the situation for which they were meant — makes no sense at all.\"\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr issued a \u003ca href=\"https://www.scribd.com/doc/259504904/SFPD-Bulletin-Response-to-Mental-Health-Calls-With-Armed-Suspects\" target=\"_blank\">department bulletin in 2013\u003c/a> clarifying SFPD protocol when mentally ill subjects may be a threat to themselves, but no one else.\u003c/p>\n\u003cfigure id=\"attachment_10401680\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg\">\u003cimg class=\"size-thumbnail wp-image-10401680\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg\" alt=\"Teresa Sheehan\" width=\"400\" height=\"279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg 464w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Teresa Sheehan at Christmas dinner in 2014. \u003ccite>(Courtesy of Francis Sheehan)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It says: \"[I]f officers have reasonable cause to believe that the person suffering an apparent mental crisis is not a threat to \u003cem>any other\u003c/em> person, the officers shall observe, maintain a safe distance, and attempt to stabilize the scene until the arrival of the supervisor who will assume command.\" (Emphasis original.)\u003c/p>\n\u003cp>Another SFPD \u003ca href=\"https://www.scribd.com/doc/259505756/SFPD-Bulletin-Response-by-Crisis-Intervention-Trained-Officers\" target=\"_blank\">bulletin, issued in May 2014\u003c/a>, describes department policy for deploying specially trained officers to calls involving mental health crises.\u003c/p>\n\u003cp>Deputy City Attorney Peter Keith told \u003ca href=\"ww2.kqed.org/news/2015/01/09/disability-advocates-appeal-over-s-f-police-shooting-puts-ada-at-risk\" target=\"_blank\">KQED in January\u003c/a> that San Francisco believes the ADA should apply to arrests, but there is disagreement about what constitutes a \"reasonable accommodation\" during a potentially violent confrontation.\u003c/p>\n\u003cp>San Francisco is arguing that officers couldn't be sure Sheehan was alone, despite being told so by the social worker who called them, and she could have escaped from her second-story window and posed a threat to other people.\u003c/p>\n\u003cp>\"What the city doesn't want is a ruling that says the Americans With Disabilities Act, a federal statute, applies in these situations,\" Little said. \"In other words, if they want to adopt this as a progressive policing policy, that's fine. They just don't want to be in a sense governed by regulations and an entire statutory structure that some people think wasn't designed for the police department.\"\u003c/p>\n\u003cp>Little said San Francisco's nuanced position on the ADA could be irrelevant to the ultimate ruling. The Supreme Court could rule the ADA simply does not apply to potentially violent confrontations between police and someone in psychiatric crisis.\u003c/p>\n\u003cp>\"Once the Supreme Court has it, it really isn't going matter what the City and County of San Francisco says,\" Little said. \"There are now municipalities all around the country that are interested in the answer to this question, and the answer to the question will govern nationally.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Little said it's likely Justice Breyer will recuse himself from the case, leaving eight justices to decide the issue.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Anti-Violence Protest at San Francisco's Mission Station Ends With No Arrests",
"title": "Anti-Violence Protest at San Francisco's Mission Station Ends With No Arrests",
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"content": "\u003cp>\u003cstrong>Update, 1:25 p.m.:\u003c/strong> A morning-long protest that shut down access to the San Francisco Police Department's Mission Station has concluded -- with plenty of pointed commentary about the department's past officer-involved shootings, but with no arrests.\u003c/p>\n\u003cp>Scores of protesters were gathered around the station at 17th and Valencia streets from just before 8 a.m. to just after noon Monday.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> Dozens of demonstrators, including more than a dozen who are chained together, are staging a protest at the San Francisco Police Department's Mission Station.\u003c/p>\n\u003cp>The protesters are targeting both police violence -- some carried banners referring to the\u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\"> officer-involved shooting a year ago\u003c/a> of Alejandro Nieto -- and gentrification in the Mission.\u003c/p>\n\u003cp>The action at 17th and Valencia streets began about 7:45 a.m. and halted some early rush-hour traffic, including an eBay shuttle. Some protesters chained themselves together across the entrance to the police station's parking lot. Others were chained together in two different spots on Valencia Street.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>As of 9 a.m., the protests continue (see livestreaming video above). Police officers were keeping a low profile outside the station, observing the demonstration but taking no action so far to clear the street.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//storify.com/kqednews/protesters-blockade-sfpd-s-mission-station/embed?border=false\" width=\"100%\" height=\"750\" frameborder=\"no\" allowtransparency=\"true\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 1:25 p.m.:\u003c/strong> A morning-long protest that shut down access to the San Francisco Police Department's Mission Station has concluded -- with plenty of pointed commentary about the department's past officer-involved shootings, but with no arrests.\u003c/p>\n\u003cp>Scores of protesters were gathered around the station at 17th and Valencia streets from just before 8 a.m. to just after noon Monday.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> Dozens of demonstrators, including more than a dozen who are chained together, are staging a protest at the San Francisco Police Department's Mission Station.\u003c/p>\n\u003cp>The protesters are targeting both police violence -- some carried banners referring to the\u003ca href=\"http://ww2.kqed.org/news/2014/03/30/130922/nieto-police-shooting-bernal-heights\" target=\"_blank\"> officer-involved shooting a year ago\u003c/a> of Alejandro Nieto -- and gentrification in the Mission.\u003c/p>\n\u003cp>The action at 17th and Valencia streets began about 7:45 a.m. and halted some early rush-hour traffic, including an eBay shuttle. Some protesters chained themselves together across the entrance to the police station's parking lot. Others were chained together in two different spots on Valencia Street.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As of 9 a.m., the protests continue (see livestreaming video above). Police officers were keeping a low profile outside the station, observing the demonstration but taking no action so far to clear the street.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//storify.com/kqednews/protesters-blockade-sfpd-s-mission-station/embed?border=false\" width=\"100%\" height=\"750\" frameborder=\"no\" allowtransparency=\"true\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Fallout From SFPD Racist Texts: Officer Resigns Amid Scandal",
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"content": "\u003cp>\u003cstrong>Update, 4:45 p.m. Thursday\u003c/strong>:\u003c/p>\n\u003cp>One of four San Francisco police officers, who was reassigned while the department's internal affairs division investigates their involvement in racist and homophobic text messages, has resigned.\u003c/p>\n\u003cp>Michael Robison, who served as an SFPD officer for 23 years, resigned Wednesday, his attorney Anthony Brass confirmed today.\u003c/p>\n\u003cp>\"He resigned in order to spare himself the stress of living knowing that he was going to be terminated,\" Brass said. \"The chief's comments that the four officers would be terminated following the investigation let him know what the outcome of this would be, really no matter what.\"\u003c/p>\n\u003cp>Police Chief Greg Suhr had said he would seek to terminate any officers found by the investigation to be biased. Suhr did not immediately respond to a request for comment Thursday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Text messages recovered from former SFPD Sgt. Ian Furminger's cell phone were revealed in a federal court \u003ca href=\"#document\">filing\u003c/a> last week opposing Furminger's request for bail while he appeals his conviction on federal fraud and conspiracy charges.\u003c/p>\n\u003cp>The messages initially implicated officers Michael Celis, Rain Daugherty and Noel Schwab, in addition to Robison. Furminger's motion was denied, and he's scheduled to surrender in early April for a prison sentence of three years and five months.\u003c/p>\n\u003cp>[contextly_sidebar id=\"5iuKqQs1UnaiTmEai2zXQTkoAoMAAsUr\"]\u003c/p>\n\u003cp>An SFPD spokesman said Thursday that \u003ca href=\"http://ww2.kqed.org/news/2015/03/18/sfpd-racist-text-scandal-expands-public-defender-seeks-police-reform/\" target=\"_blank\">10 additional officers\u003c/a> caught up in the probe are no longer under investigation. They had traded messages with Furminger, but those were \"deemed not inappropriate,\" the spokesman said.\u003c/p>\n\u003cp>Robison was openly gay and was quoted in \u003ca href=\"http://www.advocate.com/\" target=\"_blank\">The Advocate\u003c/a>, a national gay and lesbian news magazine in a \u003ca href=\"http://www.thefreelibrary.com/Good+cop+gay+cop%3A+from+the+beat+patrol+to+the+precinct+house,+gay+and...-a020350566\" target=\"_blank\">1998 article\u003c/a> about challenges faced by gay police officers:\u003c/p>\n\u003cblockquote>\u003cp>\"The `good ol' boys' system is on its way out, and the newer generation that's replaced them sees things from a more open-minded standpoint. We have a common saying among people in the department: `When you're at work you're all wearing blue.' I really hand it to the people who came out back then because they really-paved-the way for us.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"Mike Robison is not a racist,\" Brass said. \"He works with people of varied ethnicity every day. He understands bigotry from the other side because as an openly gay officer, he exposes himself to a great deal of bigotry and well understands the hurt of that, and would never want to impose that on other people. The problem is that there really is no explanation that's going to satisfy his chief, the community or anyone regarding these texts. The texts are just literally -- they speak for themselves -- and there's no changing that.\"\u003c/p>\n\u003cp>\u003cstrong>Update, 5:15 p.m. Monday:\u003c/strong> San Francisco Mayor Ed Lee has joined the city's top prosecutor, public defender and police chief in condemning racist and homophobic texts that a court filing shows were exchanged among a group of San Francisco police officers.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/196239694\" params=\"color=0066cc&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>The texts were disclosed Friday in a motion involving former San Francisco police Sgt. Ian Furminger, who is facing 41 months in prison after being convicted in December on charges of wire fraud and conspiracy. Federal prosecutors opposing Furminger's motion to remain free on bail bolstered their argument by including \u003ca href=\"#document\">transcripts of texts\u003c/a> between him and former SFPD colleagues.\u003c/p>\n\u003caside class=\"alignright pullquote\">'It was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology. And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.'\u003ccite>\u003ccite>Yulanda Williams,\u003c/cite>\u003c/cite>Officers for Justice President\u003c/aside>\n\u003cp>The messages contain various disparaging references to African-Americans, Latinos, Filipinos and gay people. Some of them were directed at specific officers.\u003c/p>\n\u003cp>Sgt. Yulanda Williams is president of \u003ca href=\"http://officersforjustice.org/about-us.html\" target=\"_blank\">Officers for Justice\u003c/a>, an association of SFPD officers formed in 1968 to advocate for the civil rights of minorities, women and LGBT people. One of the text exchanges that refers to her uses a derogatory phrase offensive to both black people and women.\u003c/p>\n\u003cp>\"It was rather shocking to know that there were people working around me that had this type of ideology,\" Williams said in an interview with KQED's Sara Hossaini. Williams added that she is acquainted with Furminger and one of the officers under investigation, Michael Robison.\u003c/p>\n\u003cp>\"When I read it, it was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology,\" she said. \"And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.\"\u003c/p>\n\u003cp>Officers for Justice released a \u003ca href=\"http://officersforjustice.org/uploads/3/3/4/0/3340987/text_press_release_1.1.pdf\" target=\"_blank\">statement today\u003c/a> calling for complete transparency and expressing suspicion that \"Textgate\" goes beyond the four officers who San Francisco Police Chief Greg Suhr confirmed are under investigation for exchanging the messages with Furminger.\u003c/p>\n\u003cp>Suhr has said the department will pursue disciplinary action against the officers and conduct a review of its hiring and training policies in light of the disclosures.\u003c/p>\n\u003cp>“It is both shocking and disturbing to hear that four San Francisco police officers are under investigation for such heinous and despicable statements,\" Mayor Lee said in a statement Monday. \"The content of these text messages displays a bias that is incompatible with the values of our City and incompatible with the ability to perform sworn duties as a police officer.\"\u003c/p>\n\u003cp>Lee said that he expected the officers involved to be fired \"if these statements are attributable to any San Francisco police officer.\"\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi said the problem of racial bias in the SFPD goes beyond the four officers currently under investigation. He's calling for a federal probe much like the U.S. Department of Justice \u003ca href=\"http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf\" target=\"_blank\">investigation\u003c/a> of the Ferguson, Missouri, Police Department released earlier this month.\u003c/p>\n\u003cp>\"These texts display deep-rooted racism within members of the San Francisco Police Department,\" Adachi said in an interview Monday. \"Some of these texts are even more outrageous and hurtful than some of the emails from the Ferguson Police Department report.\"\u003c/p>\n\u003cp>Adachi cited a city report from 2013 that found 56 percent of San Francisco's jail inmates are African-American, despite making up just 6 percent of the city's residents.\u003c/p>\n\u003cp>\"What is the training that officers receive, and why do we have such a disproportionate rate of arresting and jailing African-Americans in San Francisco?\" Adachi asked.\u003c/p>\n\u003cp>District Attorney George Gascón said in a statement he is \"deeply disturbed\" by the offensive messages.\u003c/p>\n\u003cp>\"There is no place for bigotry in San Francisco,\" the statement said. \"In order to ensure our criminal justice system is fair and equitable, my office is conducting an immediate assessment of every prosecution within the past ten years where these officers were involved.”\u003c/p>\n\u003cp>\u003cstrong>Update, 11:30 a.m. Monday\u003c/strong>: San Francisco Police Chief Greg Suhr says the department will examine hiring and training policies in the wake of the disclosure of racist and homophobic text messages swapped among several police officers.\u003c/p>\n\u003cp>\"We will look at the hiring/background processes to identify how anyone capable of statements of such extreme bias could be hired as police officers in the first place,\" Suhr wrote in a text reply to questions from KQED. \"We have training scheduled on implicit bias and we will be doing more.\"\u003c/p>\n\u003cp>Attorneys representing three of four San Francisco officers under investigation for their part in the offensive texts have confirmed their clients' identities.\u003c/p>\n\u003cp>\"They're mortified to be involved in anything like this,\" said defense attorney Tony Brass, who is representing Officers Michael Robison and Michael Celis. \"They understand that this is going to have dire consequences for them both professionally and in the public view.\"\u003c/p>\n\u003cp>The texts were made public in a court filing Friday by federal prosecutors opposing a bid by former San Francisco police Sgt. Ian Furminger to remain free on on bail while he appeals a conviction for fraud and conspiracy. The filing (\u003ca href=\"#document\">read below\u003c/a>) discloses only some of the text messages collected from Furminger's cell phone.\u003c/p>\n\u003cp>The texts repeatedly use epithets referring to black people, as well as disparaging references to Mexican and Filipino people. Some texts from Furminger also include slurs about gay people.\u003c/p>\n\u003cp>Brass said he doesn't yet know which texts were sent or received by which officers.\u003c/p>\n\u003cp>\"There's four police officers involved and the one person that is identified as the hub of this is Ian Furminger,\" Brass said. \"But whether Mike Celis or Mike Robison are involved in the ones that are quite shocking, I don't know.\"\u003c/p>\n\u003cp>Brass said his first meeting with Police Department internal affairs investigators is scheduled for March 25, and his clients believe they could be fired.\u003c/p>\n\u003cp>Alison Wilkinson represents Officer Rain Daugherty. She confirmed via email that her client is under investigation for texts he traded with Furminger.\u003c/p>\n\u003cp>\"Officer Daugherty is appropriately ashamed by his impulsive and insensitive banter,\" Wilkinson wrote, \"and accepts full responsibility for the content of those text messages that he sent, which are by no means a reflection of his true character or his style of policing.\"\u003c/p>\n\u003cp>A department spokeswoman said Suhr would recommend all four officers be fired if the investigation proved racial bias. The final decision lies with the city's Police Commission.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfgate.com/crime/article/Officers-linked-to-racist-texts-were-all-veterans-6134489.php\" target=\"_blank\">identified the fourth officer\u003c/a> under investigation as Noel Schwab. His attorney did not return calls for comment.\u003c/p>\n\u003cp>Mark Goldrosen is the latest in a series of attorneys representing Furminger.\u003c/p>\n\u003cp>\"Ian Furminger is not a racist or homophobe,\" Goldrosen wrote in an email. \"His closest friends, both at work and in his social life, include many people of different races and sexual orientations.\"\u003c/p>\n\u003cp>Furminger's \u003ca href=\"https://www.scribd.com/doc/258927681/Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">motion for bail pending appeal\u003c/a> presents a dedicated, veteran police officer who coaches youth sports and volunteers at school functions, including as a physical education teacher for his children's schools. One of the texts released Friday references Furminger's concern about black children attending his son's school.\u003c/p>\n\u003cp>\"Furminger actively promotes the fantasy that he is a person of character,\" federal prosecutors wrote in their response to the motion. \"Although these sort of overtly racist views sadly still are expressed in some communities, it is shocking and appalling to find a police officer in San Francisco who would give voice to them. Furminger’s willingness to do so -- which exemplifies his erratic and anti-social behavior -- should be taken into account.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, Friday, March 13\u003c/strong>:\u003c/p>\n\u003cp>The San Francisco Police Department says it's investigating four current members of the force who reportedly joined in an exchange of racist and homophobic text messages with an SFPD sergeant recently convicted on theft and corruption charges, KQED has learned.\u003c/p>\n\u003cp>The texts (\u003ca href=\"#document\">read below\u003c/a>), which were disclosed in a court filing by federal prosecutors on Friday, all involve former Sgt. Ian Furminger, convicted in December for his role in a series of thefts from drug suspects.\u003c/p>\n\u003cp>Furminger is appealing his conviction to the 9th U.S. Circuit Court of Appeals. He was formerly a supervisor in the Police Department's Mission District plainclothes unit.\u003c/p>\n\u003cp>The Police Department says the texts, sent between late 2011 and the middle of 2012, implicate four other officers who are now the subjects of a department inquiry.\u003c/p>\n\u003caside class=\"alignright pullquote\">Texts show Furminger and other officers swapping slurs about black people and gay people, including other police officers.\u003c/aside>\n\u003cp>\"It’s an internal affairs investigation looking into officers who have shown extreme bias, which has no place in the San Francisco Police Department,\" Sgt. Monica Macdonald said. \"The officers were reassigned some time ago while the investigation is under way.\"\u003c/p>\n\u003cp>Federal prosecutors included more than two dozen text conversations in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">federal court filing\u003c/a> opposing Furminger's request to remain out on bail while he awaits his appeal. \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">He was sentenced\u003c/a> to three years, five months in prison last month.\u003c/p>\n\u003cp>The texts show Furminger and other San Francisco police officers repeatedly swapping slurs about black people and gay people, including other police officers. In one exchange on Nov. 9, 2011, Furminger writes about his son's school:\u003c/p>\n\u003cp>\"We got two blacks at my boys school and they are brother and sister! There cause dad works for the school district and I am watching them like hawks.\"\u003c/p>\n\u003cp>The response, from an unnamed civilian: \"Do you celebrate qaunza [sic] at your school?\"\u003c/p>\n\u003cp>Furminger: \"Yeah we burn the cross on the field! Then celebrate Whitemas ... Its worth every penny to live here [Walnut Creek] away from the savages.\"\u003c/p>\n\u003cp>An unnamed officer texted the phrase \"White power\" to Furminger, who later repeats the phrase in a text to an SFPD officer. He also texted \"White power family\" to a civilian, followed by a redacted reference to his home address.\u003c/p>\n\u003cp>An anonymous SFPD officer had a suggestion for Furminger after the convicted ex-sergeant texted that a friend of his wife's was visiting with her husband, who is black:\u003c/p>\n\u003cp>\"Get ur pocket gun. Keep it available in case the monkey returns to his roots,\" the response says. \"Its not against the law to put an animal down.\"\u003c/p>\n\u003cp>Furminger responded: \"Well said.\"\u003c/p>\n\u003cp>Furminger also repeatedly calls another officer a \"fag,\" and makes racist comments about Mexican and Filipino people.\u003c/p>\n\u003cp>While the texts were all recovered from Furminger's personal cellphone, it's not immediately clear whether the officers he was communicating with were using department-issued phones.\u003c/p>\n\u003cp>Sgt. Macdonald said it doesn't necessarily matter, though, as the texts appear to violate SFPD's \u003ca href=\"http://www.sf-police.org/Modules/ShowDocument.aspx?documentid=25894\" target=\"_blank\">policy prohibiting biased policing\u003c/a> either way.\u003c/p>\n\u003cp>\"If someone’s biased, whether this occurs on duty or off duty, it’s something we take very seriously,\" she said.\u003c/p>\n\u003cp>Furminger's attorney did not immediately respond for a request for comment. Federal Judge Charles Breyer is expected to take up Furminger's bail motion next week.\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003c/p>\n\u003cp>Read the government's filing below:\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/258662847/content?start_page=10&view_mode=scroll&access_key=key-4PrzG9WB90fKrpx5uYTj&show_recommendations=false\" data-auto-height=\"false\" data-aspect-ratio=\"1.2941176470588236\" scrolling=\"no\" id=\"doc_77667\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>KQED's Ted Goldberg, Dan Brekke and Sara Hossaini contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 4:45 p.m. Thursday\u003c/strong>:\u003c/p>\n\u003cp>One of four San Francisco police officers, who was reassigned while the department's internal affairs division investigates their involvement in racist and homophobic text messages, has resigned.\u003c/p>\n\u003cp>Michael Robison, who served as an SFPD officer for 23 years, resigned Wednesday, his attorney Anthony Brass confirmed today.\u003c/p>\n\u003cp>\"He resigned in order to spare himself the stress of living knowing that he was going to be terminated,\" Brass said. \"The chief's comments that the four officers would be terminated following the investigation let him know what the outcome of this would be, really no matter what.\"\u003c/p>\n\u003cp>Police Chief Greg Suhr had said he would seek to terminate any officers found by the investigation to be biased. Suhr did not immediately respond to a request for comment Thursday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Text messages recovered from former SFPD Sgt. Ian Furminger's cell phone were revealed in a federal court \u003ca href=\"#document\">filing\u003c/a> last week opposing Furminger's request for bail while he appeals his conviction on federal fraud and conspiracy charges.\u003c/p>\n\u003cp>The messages initially implicated officers Michael Celis, Rain Daugherty and Noel Schwab, in addition to Robison. Furminger's motion was denied, and he's scheduled to surrender in early April for a prison sentence of three years and five months.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>An SFPD spokesman said Thursday that \u003ca href=\"http://ww2.kqed.org/news/2015/03/18/sfpd-racist-text-scandal-expands-public-defender-seeks-police-reform/\" target=\"_blank\">10 additional officers\u003c/a> caught up in the probe are no longer under investigation. They had traded messages with Furminger, but those were \"deemed not inappropriate,\" the spokesman said.\u003c/p>\n\u003cp>Robison was openly gay and was quoted in \u003ca href=\"http://www.advocate.com/\" target=\"_blank\">The Advocate\u003c/a>, a national gay and lesbian news magazine in a \u003ca href=\"http://www.thefreelibrary.com/Good+cop+gay+cop%3A+from+the+beat+patrol+to+the+precinct+house,+gay+and...-a020350566\" target=\"_blank\">1998 article\u003c/a> about challenges faced by gay police officers:\u003c/p>\n\u003cblockquote>\u003cp>\"The `good ol' boys' system is on its way out, and the newer generation that's replaced them sees things from a more open-minded standpoint. We have a common saying among people in the department: `When you're at work you're all wearing blue.' I really hand it to the people who came out back then because they really-paved-the way for us.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"Mike Robison is not a racist,\" Brass said. \"He works with people of varied ethnicity every day. He understands bigotry from the other side because as an openly gay officer, he exposes himself to a great deal of bigotry and well understands the hurt of that, and would never want to impose that on other people. The problem is that there really is no explanation that's going to satisfy his chief, the community or anyone regarding these texts. The texts are just literally -- they speak for themselves -- and there's no changing that.\"\u003c/p>\n\u003cp>\u003cstrong>Update, 5:15 p.m. Monday:\u003c/strong> San Francisco Mayor Ed Lee has joined the city's top prosecutor, public defender and police chief in condemning racist and homophobic texts that a court filing shows were exchanged among a group of San Francisco police officers.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/196239694&visual=true&color=0066cc&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/196239694'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The texts were disclosed Friday in a motion involving former San Francisco police Sgt. Ian Furminger, who is facing 41 months in prison after being convicted in December on charges of wire fraud and conspiracy. Federal prosecutors opposing Furminger's motion to remain free on bail bolstered their argument by including \u003ca href=\"#document\">transcripts of texts\u003c/a> between him and former SFPD colleagues.\u003c/p>\n\u003caside class=\"alignright pullquote\">'It was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology. And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.'\u003ccite>\u003ccite>Yulanda Williams,\u003c/cite>\u003c/cite>Officers for Justice President\u003c/aside>\n\u003cp>The messages contain various disparaging references to African-Americans, Latinos, Filipinos and gay people. Some of them were directed at specific officers.\u003c/p>\n\u003cp>Sgt. Yulanda Williams is president of \u003ca href=\"http://officersforjustice.org/about-us.html\" target=\"_blank\">Officers for Justice\u003c/a>, an association of SFPD officers formed in 1968 to advocate for the civil rights of minorities, women and LGBT people. One of the text exchanges that refers to her uses a derogatory phrase offensive to both black people and women.\u003c/p>\n\u003cp>\"It was rather shocking to know that there were people working around me that had this type of ideology,\" Williams said in an interview with KQED's Sara Hossaini. Williams added that she is acquainted with Furminger and one of the officers under investigation, Michael Robison.\u003c/p>\n\u003cp>\"When I read it, it was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology,\" she said. \"And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.\"\u003c/p>\n\u003cp>Officers for Justice released a \u003ca href=\"http://officersforjustice.org/uploads/3/3/4/0/3340987/text_press_release_1.1.pdf\" target=\"_blank\">statement today\u003c/a> calling for complete transparency and expressing suspicion that \"Textgate\" goes beyond the four officers who San Francisco Police Chief Greg Suhr confirmed are under investigation for exchanging the messages with Furminger.\u003c/p>\n\u003cp>Suhr has said the department will pursue disciplinary action against the officers and conduct a review of its hiring and training policies in light of the disclosures.\u003c/p>\n\u003cp>“It is both shocking and disturbing to hear that four San Francisco police officers are under investigation for such heinous and despicable statements,\" Mayor Lee said in a statement Monday. \"The content of these text messages displays a bias that is incompatible with the values of our City and incompatible with the ability to perform sworn duties as a police officer.\"\u003c/p>\n\u003cp>Lee said that he expected the officers involved to be fired \"if these statements are attributable to any San Francisco police officer.\"\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi said the problem of racial bias in the SFPD goes beyond the four officers currently under investigation. He's calling for a federal probe much like the U.S. Department of Justice \u003ca href=\"http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf\" target=\"_blank\">investigation\u003c/a> of the Ferguson, Missouri, Police Department released earlier this month.\u003c/p>\n\u003cp>\"These texts display deep-rooted racism within members of the San Francisco Police Department,\" Adachi said in an interview Monday. \"Some of these texts are even more outrageous and hurtful than some of the emails from the Ferguson Police Department report.\"\u003c/p>\n\u003cp>Adachi cited a city report from 2013 that found 56 percent of San Francisco's jail inmates are African-American, despite making up just 6 percent of the city's residents.\u003c/p>\n\u003cp>\"What is the training that officers receive, and why do we have such a disproportionate rate of arresting and jailing African-Americans in San Francisco?\" Adachi asked.\u003c/p>\n\u003cp>District Attorney George Gascón said in a statement he is \"deeply disturbed\" by the offensive messages.\u003c/p>\n\u003cp>\"There is no place for bigotry in San Francisco,\" the statement said. \"In order to ensure our criminal justice system is fair and equitable, my office is conducting an immediate assessment of every prosecution within the past ten years where these officers were involved.”\u003c/p>\n\u003cp>\u003cstrong>Update, 11:30 a.m. Monday\u003c/strong>: San Francisco Police Chief Greg Suhr says the department will examine hiring and training policies in the wake of the disclosure of racist and homophobic text messages swapped among several police officers.\u003c/p>\n\u003cp>\"We will look at the hiring/background processes to identify how anyone capable of statements of such extreme bias could be hired as police officers in the first place,\" Suhr wrote in a text reply to questions from KQED. \"We have training scheduled on implicit bias and we will be doing more.\"\u003c/p>\n\u003cp>Attorneys representing three of four San Francisco officers under investigation for their part in the offensive texts have confirmed their clients' identities.\u003c/p>\n\u003cp>\"They're mortified to be involved in anything like this,\" said defense attorney Tony Brass, who is representing Officers Michael Robison and Michael Celis. \"They understand that this is going to have dire consequences for them both professionally and in the public view.\"\u003c/p>\n\u003cp>The texts were made public in a court filing Friday by federal prosecutors opposing a bid by former San Francisco police Sgt. Ian Furminger to remain free on on bail while he appeals a conviction for fraud and conspiracy. The filing (\u003ca href=\"#document\">read below\u003c/a>) discloses only some of the text messages collected from Furminger's cell phone.\u003c/p>\n\u003cp>The texts repeatedly use epithets referring to black people, as well as disparaging references to Mexican and Filipino people. Some texts from Furminger also include slurs about gay people.\u003c/p>\n\u003cp>Brass said he doesn't yet know which texts were sent or received by which officers.\u003c/p>\n\u003cp>\"There's four police officers involved and the one person that is identified as the hub of this is Ian Furminger,\" Brass said. \"But whether Mike Celis or Mike Robison are involved in the ones that are quite shocking, I don't know.\"\u003c/p>\n\u003cp>Brass said his first meeting with Police Department internal affairs investigators is scheduled for March 25, and his clients believe they could be fired.\u003c/p>\n\u003cp>Alison Wilkinson represents Officer Rain Daugherty. She confirmed via email that her client is under investigation for texts he traded with Furminger.\u003c/p>\n\u003cp>\"Officer Daugherty is appropriately ashamed by his impulsive and insensitive banter,\" Wilkinson wrote, \"and accepts full responsibility for the content of those text messages that he sent, which are by no means a reflection of his true character or his style of policing.\"\u003c/p>\n\u003cp>A department spokeswoman said Suhr would recommend all four officers be fired if the investigation proved racial bias. The final decision lies with the city's Police Commission.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfgate.com/crime/article/Officers-linked-to-racist-texts-were-all-veterans-6134489.php\" target=\"_blank\">identified the fourth officer\u003c/a> under investigation as Noel Schwab. His attorney did not return calls for comment.\u003c/p>\n\u003cp>Mark Goldrosen is the latest in a series of attorneys representing Furminger.\u003c/p>\n\u003cp>\"Ian Furminger is not a racist or homophobe,\" Goldrosen wrote in an email. \"His closest friends, both at work and in his social life, include many people of different races and sexual orientations.\"\u003c/p>\n\u003cp>Furminger's \u003ca href=\"https://www.scribd.com/doc/258927681/Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">motion for bail pending appeal\u003c/a> presents a dedicated, veteran police officer who coaches youth sports and volunteers at school functions, including as a physical education teacher for his children's schools. One of the texts released Friday references Furminger's concern about black children attending his son's school.\u003c/p>\n\u003cp>\"Furminger actively promotes the fantasy that he is a person of character,\" federal prosecutors wrote in their response to the motion. \"Although these sort of overtly racist views sadly still are expressed in some communities, it is shocking and appalling to find a police officer in San Francisco who would give voice to them. Furminger’s willingness to do so -- which exemplifies his erratic and anti-social behavior -- should be taken into account.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, Friday, March 13\u003c/strong>:\u003c/p>\n\u003cp>The San Francisco Police Department says it's investigating four current members of the force who reportedly joined in an exchange of racist and homophobic text messages with an SFPD sergeant recently convicted on theft and corruption charges, KQED has learned.\u003c/p>\n\u003cp>The texts (\u003ca href=\"#document\">read below\u003c/a>), which were disclosed in a court filing by federal prosecutors on Friday, all involve former Sgt. Ian Furminger, convicted in December for his role in a series of thefts from drug suspects.\u003c/p>\n\u003cp>Furminger is appealing his conviction to the 9th U.S. Circuit Court of Appeals. He was formerly a supervisor in the Police Department's Mission District plainclothes unit.\u003c/p>\n\u003cp>The Police Department says the texts, sent between late 2011 and the middle of 2012, implicate four other officers who are now the subjects of a department inquiry.\u003c/p>\n\u003caside class=\"alignright pullquote\">Texts show Furminger and other officers swapping slurs about black people and gay people, including other police officers.\u003c/aside>\n\u003cp>\"It’s an internal affairs investigation looking into officers who have shown extreme bias, which has no place in the San Francisco Police Department,\" Sgt. Monica Macdonald said. \"The officers were reassigned some time ago while the investigation is under way.\"\u003c/p>\n\u003cp>Federal prosecutors included more than two dozen text conversations in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">federal court filing\u003c/a> opposing Furminger's request to remain out on bail while he awaits his appeal. \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">He was sentenced\u003c/a> to three years, five months in prison last month.\u003c/p>\n\u003cp>The texts show Furminger and other San Francisco police officers repeatedly swapping slurs about black people and gay people, including other police officers. In one exchange on Nov. 9, 2011, Furminger writes about his son's school:\u003c/p>\n\u003cp>\"We got two blacks at my boys school and they are brother and sister! There cause dad works for the school district and I am watching them like hawks.\"\u003c/p>\n\u003cp>The response, from an unnamed civilian: \"Do you celebrate qaunza [sic] at your school?\"\u003c/p>\n\u003cp>Furminger: \"Yeah we burn the cross on the field! Then celebrate Whitemas ... Its worth every penny to live here [Walnut Creek] away from the savages.\"\u003c/p>\n\u003cp>An unnamed officer texted the phrase \"White power\" to Furminger, who later repeats the phrase in a text to an SFPD officer. He also texted \"White power family\" to a civilian, followed by a redacted reference to his home address.\u003c/p>\n\u003cp>An anonymous SFPD officer had a suggestion for Furminger after the convicted ex-sergeant texted that a friend of his wife's was visiting with her husband, who is black:\u003c/p>\n\u003cp>\"Get ur pocket gun. Keep it available in case the monkey returns to his roots,\" the response says. \"Its not against the law to put an animal down.\"\u003c/p>\n\u003cp>Furminger responded: \"Well said.\"\u003c/p>\n\u003cp>Furminger also repeatedly calls another officer a \"fag,\" and makes racist comments about Mexican and Filipino people.\u003c/p>\n\u003cp>While the texts were all recovered from Furminger's personal cellphone, it's not immediately clear whether the officers he was communicating with were using department-issued phones.\u003c/p>\n\u003cp>Sgt. Macdonald said it doesn't necessarily matter, though, as the texts appear to violate SFPD's \u003ca href=\"http://www.sf-police.org/Modules/ShowDocument.aspx?documentid=25894\" target=\"_blank\">policy prohibiting biased policing\u003c/a> either way.\u003c/p>\n\u003cp>\"If someone’s biased, whether this occurs on duty or off duty, it’s something we take very seriously,\" she said.\u003c/p>\n\u003cp>Furminger's attorney did not immediately respond for a request for comment. Federal Judge Charles Breyer is expected to take up Furminger's bail motion next week.\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003c/p>\n\u003cp>Read the government's filing below:\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/258662847/content?start_page=10&view_mode=scroll&access_key=key-4PrzG9WB90fKrpx5uYTj&show_recommendations=false\" data-auto-height=\"false\" data-aspect-ratio=\"1.2941176470588236\" scrolling=\"no\" id=\"doc_77667\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>KQED's Ted Goldberg, Dan Brekke and Sara Hossaini contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Text Messaging Scandal Expands; Public Defender Seeks Police Reform",
"title": "SFPD Text Messaging Scandal Expands; Public Defender Seeks Police Reform",
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"content": "\u003cp>The number of criminal convictions and pending cases affected by the growing group of San Francisco police officers involved in a text messaging scandal could increase \"exponentially\" as the credibility of more officers is called into question, a spokeswoman for the city's public defender said Tuesday.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfchronicle.com/bayarea/matier-ross/article/M-R-SFPD-looking-at-10-more-officers-in-6139314.php\" target=\"_blank\">broke the news\u003c/a> that an additional 10 SFPD officers are the subject of an internal affairs investigation for allegedly exchanging inappropriate texts with former Sgt. Ian Furminger. That's \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">in addition to four officers\u003c/a> previously known to be under investigation for trading racist and homophobic messages with Furminger, who was convicted on federal fraud and conspiracy charges last year.\u003c/p>\n\u003cp>Their attorneys confirmed the original four officers under investigation are Michael Robison, Michael Celis, Rain Daugherty and Noel Schwab.\u003c/p>\n\u003cp>They've been reassigned to positions that keep them out of public contact, according to the department. That's not the case with the newly discovered group of 10 officers, San Francisco Police Officers Association President Martin Halloran said.\u003c/p>\n\u003cp>\"There were 10 officers that came to the POA seeking representation\" about two weeks ago, Halloran said. \"I do not believe that these officers are under investigation at the same scope or the same level as the initial four officers, because these 10 additional officers have not been reassigned.\" He said they're still serving out in the field.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Halloran said he does not know why the new group of officers is under investigation, but a source close to the investigation who spoke on the condition of anonymity confirmed the probe stems from text messages recovered from Furminger's personal cellphone. The source cautioned against \"painting those additional officers with the same brush as the other four,\" adding that messages involving the latest group of officers may have been inappropriate, but not racist or homophobic.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr did not respond when asked by KQED to comment on the increasing number of officers under investigation.\u003c/p>\n\u003cp>Public Defender Jeff Adachi said his office, along with the district attorney, is beginning to review a decade of prosecutions involving the original four officers -- estimated to be about 1,000 cases. He said they are looking at the facts of each individual case for instances when an African-American defendant disputed one of the officers' accounts of a search, investigation or arrest.\u003c/p>\n\u003cp>\"Officer credibility is key in any case,\" Adachi said. \"Where you have these officers who were principal players in these cases, and they have a record of being involved in this kind of horrible behavior, no prosecutor is going to want to put them on the stand. Those cases are likely going to be dismissed, and that’s what I’d expect from our district attorney.\"\u003c/p>\n\u003cp>Public Defender's Office spokeswoman Tamara Aparton said that number will likely grow when more comes out about the content of the texts involving the group of 10 officers. She said 792 cases were dismissed after Adachi's office uncovered surveillance video from SRO hotels that appeared to show plainclothes officers conducting illegal searches. The videos led to a federal criminal investigation and the eventual indictment of Furminger and five other SFPD officers.\u003c/p>\n\u003cp>Stanford law professor Robert Weisberg said defendants seeking to overturn a past conviction typically face a very high legal hurdle.\u003c/p>\n\u003cp>\"It’s not like the dramatic DNA exoneration evidence that you see in many of the publicized cases,\" Weisberg said. \"The newly discovered evidence is at best, not to minimize it, impeachment of the word of a police officer, where it may or may not have made a material difference in the case.\"\u003c/p>\n\u003cp>But, he said, that doesn't necessarily mean scores of past and pending prosecutions won't be dismissed.\u003c/p>\n\u003cp>\"Some cases may get reopened, maybe lots of cases will get reopened,\" Weisberg said, \"not because of formal legal appeals or post-conviction proceedings, but because the police department, District Attorney George Gascón, the city generally just decides, 'We think it’s the right thing to do, and we the officials will go to the court and request a reopening and maybe even a dismissal in some cases.' \"\u003c/p>\n\u003cp>Adachi is pressing the SFPD for policy changes following the scandal. The Racial Justice Committee of the Public Defender's Office unveiled a \u003ca href=\"http://sfpublicdefender.org/news/2015/03/racial-justice-committee-plan-for-police-reform/\" target=\"_blank\">10-point plan\u003c/a> for police reform Tuesday.\u003c/p>\n\u003cp>\"We welcome the opportunity that this crisis presents,\" committee co-chair Rebecca Young said. \"It becomes a cancer that infects an entire neighborhood, where the people in the community do not like and profoundly mistrust the police, and that creates an officer safety issue as well as a health and safety issue for the people living in these communities.\"\u003c/p>\n\u003cp>The committee highlighted three recommendations most directly linked to curbing the kind of racism exhibited in the texts. Young and her colleagues recommend a minimum 24 hours of training on implicit bias and its effects, including perspectives of people of color who have been unlawfully detained. They're pushing for yearly reviews of all field training officers -- experienced officers who train rookies -- with a focus on any history of racial bias, excessive force or illegal search and seizures \"to determine if they are fit to train other officers.\"\u003c/p>\n\u003cp>The committee is also calling for the department to assign officers to patrol neighborhoods in which they live, and to attract more officers who are people of color to work and live in San Francisco.\u003c/p>\n\u003cp>For the union's part, Halloran said the text messages do not reflect the views of the vast majority of SFPD officers. The POA released a \u003ca href=\"https://www.youtube.com/watch?v=oXHHdWcgF6k\" target=\"_blank\">video\u003c/a> yesterday extolling San Francisco's diverse police force in response to the scandal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The San Francisco Police Department is one of the most diverse in the United States of America,\" he said. \"The POA is appalled with those messages. I'm shocked and I'm sickened by them. It does not reflect on the hard-working men and women that are out on the streets 24/7 serving our public. This is a very, very small fraction of members that are caught up in this text messaging debacle.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The number of criminal convictions and pending cases affected by the growing group of San Francisco police officers involved in a text messaging scandal could increase \"exponentially\" as the credibility of more officers is called into question, a spokeswoman for the city's public defender said Tuesday.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfchronicle.com/bayarea/matier-ross/article/M-R-SFPD-looking-at-10-more-officers-in-6139314.php\" target=\"_blank\">broke the news\u003c/a> that an additional 10 SFPD officers are the subject of an internal affairs investigation for allegedly exchanging inappropriate texts with former Sgt. Ian Furminger. That's \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">in addition to four officers\u003c/a> previously known to be under investigation for trading racist and homophobic messages with Furminger, who was convicted on federal fraud and conspiracy charges last year.\u003c/p>\n\u003cp>Their attorneys confirmed the original four officers under investigation are Michael Robison, Michael Celis, Rain Daugherty and Noel Schwab.\u003c/p>\n\u003cp>They've been reassigned to positions that keep them out of public contact, according to the department. That's not the case with the newly discovered group of 10 officers, San Francisco Police Officers Association President Martin Halloran said.\u003c/p>\n\u003cp>\"There were 10 officers that came to the POA seeking representation\" about two weeks ago, Halloran said. \"I do not believe that these officers are under investigation at the same scope or the same level as the initial four officers, because these 10 additional officers have not been reassigned.\" He said they're still serving out in the field.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Halloran said he does not know why the new group of officers is under investigation, but a source close to the investigation who spoke on the condition of anonymity confirmed the probe stems from text messages recovered from Furminger's personal cellphone. The source cautioned against \"painting those additional officers with the same brush as the other four,\" adding that messages involving the latest group of officers may have been inappropriate, but not racist or homophobic.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr did not respond when asked by KQED to comment on the increasing number of officers under investigation.\u003c/p>\n\u003cp>Public Defender Jeff Adachi said his office, along with the district attorney, is beginning to review a decade of prosecutions involving the original four officers -- estimated to be about 1,000 cases. He said they are looking at the facts of each individual case for instances when an African-American defendant disputed one of the officers' accounts of a search, investigation or arrest.\u003c/p>\n\u003cp>\"Officer credibility is key in any case,\" Adachi said. \"Where you have these officers who were principal players in these cases, and they have a record of being involved in this kind of horrible behavior, no prosecutor is going to want to put them on the stand. Those cases are likely going to be dismissed, and that’s what I’d expect from our district attorney.\"\u003c/p>\n\u003cp>Public Defender's Office spokeswoman Tamara Aparton said that number will likely grow when more comes out about the content of the texts involving the group of 10 officers. She said 792 cases were dismissed after Adachi's office uncovered surveillance video from SRO hotels that appeared to show plainclothes officers conducting illegal searches. The videos led to a federal criminal investigation and the eventual indictment of Furminger and five other SFPD officers.\u003c/p>\n\u003cp>Stanford law professor Robert Weisberg said defendants seeking to overturn a past conviction typically face a very high legal hurdle.\u003c/p>\n\u003cp>\"It’s not like the dramatic DNA exoneration evidence that you see in many of the publicized cases,\" Weisberg said. \"The newly discovered evidence is at best, not to minimize it, impeachment of the word of a police officer, where it may or may not have made a material difference in the case.\"\u003c/p>\n\u003cp>But, he said, that doesn't necessarily mean scores of past and pending prosecutions won't be dismissed.\u003c/p>\n\u003cp>\"Some cases may get reopened, maybe lots of cases will get reopened,\" Weisberg said, \"not because of formal legal appeals or post-conviction proceedings, but because the police department, District Attorney George Gascón, the city generally just decides, 'We think it’s the right thing to do, and we the officials will go to the court and request a reopening and maybe even a dismissal in some cases.' \"\u003c/p>\n\u003cp>Adachi is pressing the SFPD for policy changes following the scandal. The Racial Justice Committee of the Public Defender's Office unveiled a \u003ca href=\"http://sfpublicdefender.org/news/2015/03/racial-justice-committee-plan-for-police-reform/\" target=\"_blank\">10-point plan\u003c/a> for police reform Tuesday.\u003c/p>\n\u003cp>\"We welcome the opportunity that this crisis presents,\" committee co-chair Rebecca Young said. \"It becomes a cancer that infects an entire neighborhood, where the people in the community do not like and profoundly mistrust the police, and that creates an officer safety issue as well as a health and safety issue for the people living in these communities.\"\u003c/p>\n\u003cp>The committee highlighted three recommendations most directly linked to curbing the kind of racism exhibited in the texts. Young and her colleagues recommend a minimum 24 hours of training on implicit bias and its effects, including perspectives of people of color who have been unlawfully detained. They're pushing for yearly reviews of all field training officers -- experienced officers who train rookies -- with a focus on any history of racial bias, excessive force or illegal search and seizures \"to determine if they are fit to train other officers.\"\u003c/p>\n\u003cp>The committee is also calling for the department to assign officers to patrol neighborhoods in which they live, and to attract more officers who are people of color to work and live in San Francisco.\u003c/p>\n\u003cp>For the union's part, Halloran said the text messages do not reflect the views of the vast majority of SFPD officers. The POA released a \u003ca href=\"https://www.youtube.com/watch?v=oXHHdWcgF6k\" target=\"_blank\">video\u003c/a> yesterday extolling San Francisco's diverse police force in response to the scandal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The San Francisco Police Department is one of the most diverse in the United States of America,\" he said. \"The POA is appalled with those messages. I'm shocked and I'm sickened by them. It does not reflect on the hard-working men and women that are out on the streets 24/7 serving our public. This is a very, very small fraction of members that are caught up in this text messaging debacle.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Two men who say they witnessed a San Francisco police shooting last month say they fear countering the official version of events because of their undocumented status.\u003c/p>\n\u003cp>Their version of events directly contradicts statements by police about the shooting of 21-year-old Amilcar Pérez López on Feb. 26 at 9:45 p.m.\u003c/p>\n\u003cp>Police say Pérez López had been trying to steal someone’s bike and then lunged -- with a knife in his hand -- at plainclothes officers before the officers opened fire. The eyewitnesses said that Pérez López was chasing someone on a bicycle who had stolen his cellphone. Moreover, they said, he dropped the knife he had in his hand before police opened fire.\u003c/p>\n\u003cp>“I am drowning. I want to say everything I know, but I am scared,” one of them said.\u003c/p>\n\u003cp>“If later, we make a statement against [the police version], what will become of us?” asked the other. “That’s why we haven’t spoken up. We are overwhelmed, stressed out, we can’t sleep.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The two men have asked that their names be withheld. They are in the process of talking to lawyers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://missionlocal.org/2015/03/conflicting-versions-of-police-shooting-suppressed-by-fear/\" target=\"_blank\">Read: Full story at Mission Local\u003c/a>. \u003c/em>\u003c/p>\n\n",
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"nprByline": "\u003cstrong>\u003ca href=\"http://missionlocal.org/author/lauraw/\" target=\"_blank\">Laura Wenus\u003c/a> and \u003ca href=\"http://missionlocal.org/author/andreav/\" target=\"_blank\">Andrea Valencia\u003c/a>\u003cbr />Mission Local\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two men who say they witnessed a San Francisco police shooting last month say they fear countering the official version of events because of their undocumented status.\u003c/p>\n\u003cp>Their version of events directly contradicts statements by police about the shooting of 21-year-old Amilcar Pérez López on Feb. 26 at 9:45 p.m.\u003c/p>\n\u003cp>Police say Pérez López had been trying to steal someone’s bike and then lunged -- with a knife in his hand -- at plainclothes officers before the officers opened fire. The eyewitnesses said that Pérez López was chasing someone on a bicycle who had stolen his cellphone. Moreover, they said, he dropped the knife he had in his hand before police opened fire.\u003c/p>\n\u003cp>“I am drowning. I want to say everything I know, but I am scared,” one of them said.\u003c/p>\n\u003cp>“If later, we make a statement against [the police version], what will become of us?” asked the other. “That’s why we haven’t spoken up. We are overwhelmed, stressed out, we can’t sleep.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The two men have asked that their names be withheld. They are in the process of talking to lawyers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://missionlocal.org/2015/03/conflicting-versions-of-police-shooting-suppressed-by-fear/\" target=\"_blank\">Read: Full story at Mission Local\u003c/a>. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Ex-SFPD Sergeant Sentenced in Federal Corruption Case",
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"content": "\u003cp>Former San Francisco police Sgt. Ian Furminger was sentenced Monday to three years and five months in prison for his role in a series of thefts from drug suspects committed by plainclothes officers in the department.\u003c/p>\n\u003cp>\"This not only casts a shadow on the police department -- this casts a shadow on all police,\" said federal prosecutor John Hemann. \"It does extraordinary damage to both the mission and perception of law enforcement.\"\u003c/p>\n\u003cp>U.S. District Judge Charles Breyer said the sentencing marked \"a day of shame.\"\u003c/p>\n\u003cp>\"It’s very disturbing to the court to have to sentence an individual who is charged with enforcing the laws,\" Breyer said. \"When a law enforcement officer violates his oath, the victims are not only the people directly affected by it, but all of us.\"\u003c/p>\n\u003cp>A jury convicted Furminger in December of two counts of wire fraud, conspiracy against civil rights, and conspiracy to commit theft.\u003c/p>\n\u003caside class=\"pullquote alignright\">'My job is to protect my people. I was papa bear, and I rocked. I made it happen.'\u003ccite>Ian Furminger\u003c/cite>\u003c/aside>\n\u003cp>In addition to prison time, Breyer imposed a $25,000 fine, three years supervised release, and 120 hours community service on the first former SFPD officer to be sentenced in two separate federal corruption cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Furminger's co-defendant, Edmond Robles, will likely be sentenced in late March or early April. Ray Vargas pleaded guilty in the case and testified against Furminger and Robles. His sentencing has not been scheduled.\u003c/p>\n\u003cp>In a separate case concerning another plainclothes unit, \u003ca href=\"http://ww2.kqed.org/news/2015/01/22/jury-weighs-intent-in-federal-trial-of-sfpd-officers-charged-with-conspiracy\" target=\"_blank\">a jury convicted\u003c/a> former Officer Arshad Razzak in January of illegally searching the rooms of drug suspects and falsifying a police report to make the search appear legal. Co-defendant Richard Yick was acquitted in that case. Criminal proceedings against Raul Elias, also indicted in the case against Razzak and Yick, have been stayed until July.\u003c/p>\n\u003cp>“There is no place in the San Francisco Police Department for dishonest police officers,” SFPD Deputy Chief Sharon Ferrigno told the court before Furminger was sentenced.\u003c/p>\n\u003cp>Ferrigno said commanding officers now choose who works in the plainclothes unit, a change since the indictment last year. The department has instituted monthly ethics and Fourth Amendment (search and seizure) trainings for plainclothes officers, she said.\u003c/p>\n\u003cp>\"If they don’t satisfy the training requirement, they’re removed from the team,\" Ferrigno said.\u003c/p>\n\u003cp>Supervising officers, typically sergeants, must now approve the serving of search warrants, she said, and the department has implemented a \"stricter selection process\" for officers working plainclothes.\u003c/p>\n\u003cp>Furminger must voluntarily surrender to corrections officers by April 3. His attorney, Brian Getz, said he will appeal the conviction and seek bail pending appeal. In other words, the case is far from over.\u003c/p>\n\u003cp>\"We accept, as we must, the decision of the court in meting out a very heavy prison sentence today,\" Getz said, noting that Furminger was convicted on just four of nine counts he was charged with. \"The 9th Circuit Court of Appeals will be the next judge of those verdicts.\"\u003c/p>\n\u003cp>Getz previously argued that scant, if any, direct evidence linked Furminger to thefts committed by his subordinates, although Vargas and others testified he was involved in a conspiracy to steal property from suspects -- including an Apple gift card and, in one incident, more than $30,000 in cash.\u003c/p>\n\u003cp>Furminger spoke briefly with reporters after he was sentenced. He said he had urged the SFPD to implement stricter policies for plainclothes officers, but the department ignored him.\u003c/p>\n\u003cp>\"I couldn’t keep track of everybody all the time,\" he said, adding that he supervised a team of 18 officers. \"I don’t know what cops do in the middle of the night. I can’t keep track of that. I know what it’s like to be hungry. I would never take a penny from anybody, ever.\"\u003c/p>\n\u003cp>Furminger categorically denied that he received any profit from thefts committed by Robles and Vargas.\u003c/p>\n\u003cp>\"He’s a crooked cop,\" Furminger said of Vargas. \"He’s a dirty, dirty man.\"\u003c/p>\n\u003cp>He said the department forced the plainclothes unit to prioritize narcotics over violent crime.\u003c/p>\n\u003cp>\"Your child get kidnapped, your wife gets raped, something bad happens, guess who you want coming?\" he said. \"Me, me and my guys. We solved it every single time.\"\u003c/p>\n\u003cp>Breyer noted Furminger's decades of service as a police officer. He had received almost every commendation offered by the SFPD.\u003c/p>\n\u003cp>\"You have an extraordinary record of public service,\" Breyer said. \"You risked your life to save lives of other people, disadvantaged people.\"\u003c/p>\n\u003cp>But, Breyer said, that didn't soften the severity of Furminger's crime.\u003c/p>\n\u003cp>\"It’s clear to me that you did not tell your subordinates, 'You cannot do this. Stop it or I’ll report it,' \" Breyer said. \"Your conduct is actually more reprehensible than your colleagues.\"\u003c/p>\n\u003cp>Furminger questioned why the department didn't fire Vargas sooner.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"That’s not my job,\" he said. \"My job is to protect my people. I was papa bear, and I rocked. I made it happen. I made everything happen. We caught everybody.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Furminger's co-defendant, Edmond Robles, will likely be sentenced in late March or early April. Ray Vargas pleaded guilty in the case and testified against Furminger and Robles. His sentencing has not been scheduled.\u003c/p>\n\u003cp>In a separate case concerning another plainclothes unit, \u003ca href=\"http://ww2.kqed.org/news/2015/01/22/jury-weighs-intent-in-federal-trial-of-sfpd-officers-charged-with-conspiracy\" target=\"_blank\">a jury convicted\u003c/a> former Officer Arshad Razzak in January of illegally searching the rooms of drug suspects and falsifying a police report to make the search appear legal. Co-defendant Richard Yick was acquitted in that case. Criminal proceedings against Raul Elias, also indicted in the case against Razzak and Yick, have been stayed until July.\u003c/p>\n\u003cp>“There is no place in the San Francisco Police Department for dishonest police officers,” SFPD Deputy Chief Sharon Ferrigno told the court before Furminger was sentenced.\u003c/p>\n\u003cp>Ferrigno said commanding officers now choose who works in the plainclothes unit, a change since the indictment last year. The department has instituted monthly ethics and Fourth Amendment (search and seizure) trainings for plainclothes officers, she said.\u003c/p>\n\u003cp>\"If they don’t satisfy the training requirement, they’re removed from the team,\" Ferrigno said.\u003c/p>\n\u003cp>Supervising officers, typically sergeants, must now approve the serving of search warrants, she said, and the department has implemented a \"stricter selection process\" for officers working plainclothes.\u003c/p>\n\u003cp>Furminger must voluntarily surrender to corrections officers by April 3. His attorney, Brian Getz, said he will appeal the conviction and seek bail pending appeal. In other words, the case is far from over.\u003c/p>\n\u003cp>\"We accept, as we must, the decision of the court in meting out a very heavy prison sentence today,\" Getz said, noting that Furminger was convicted on just four of nine counts he was charged with. \"The 9th Circuit Court of Appeals will be the next judge of those verdicts.\"\u003c/p>\n\u003cp>Getz previously argued that scant, if any, direct evidence linked Furminger to thefts committed by his subordinates, although Vargas and others testified he was involved in a conspiracy to steal property from suspects -- including an Apple gift card and, in one incident, more than $30,000 in cash.\u003c/p>\n\u003cp>Furminger spoke briefly with reporters after he was sentenced. He said he had urged the SFPD to implement stricter policies for plainclothes officers, but the department ignored him.\u003c/p>\n\u003cp>\"I couldn’t keep track of everybody all the time,\" he said, adding that he supervised a team of 18 officers. \"I don’t know what cops do in the middle of the night. I can’t keep track of that. I know what it’s like to be hungry. I would never take a penny from anybody, ever.\"\u003c/p>\n\u003cp>Furminger categorically denied that he received any profit from thefts committed by Robles and Vargas.\u003c/p>\n\u003cp>\"He’s a crooked cop,\" Furminger said of Vargas. \"He’s a dirty, dirty man.\"\u003c/p>\n\u003cp>He said the department forced the plainclothes unit to prioritize narcotics over violent crime.\u003c/p>\n\u003cp>\"Your child get kidnapped, your wife gets raped, something bad happens, guess who you want coming?\" he said. \"Me, me and my guys. We solved it every single time.\"\u003c/p>\n\u003cp>Breyer noted Furminger's decades of service as a police officer. He had received almost every commendation offered by the SFPD.\u003c/p>\n\u003cp>\"You have an extraordinary record of public service,\" Breyer said. \"You risked your life to save lives of other people, disadvantaged people.\"\u003c/p>\n\u003cp>But, Breyer said, that didn't soften the severity of Furminger's crime.\u003c/p>\n\u003cp>\"It’s clear to me that you did not tell your subordinates, 'You cannot do this. Stop it or I’ll report it,' \" Breyer said. \"Your conduct is actually more reprehensible than your colleagues.\"\u003c/p>\n\u003cp>Furminger questioned why the department didn't fire Vargas sooner.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"That’s not my job,\" he said. \"My job is to protect my people. I was papa bear, and I rocked. I made it happen. I made everything happen. We caught everybody.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Police won't seek criminal charges against a San Francisco deputy public defender arrested outside a courtroom last week, Chief Greg Suhr said at a Wednesday night meeting of the city's Police Commission.\u003c/p>\n\u003cp>But the controversy stemming from the brief detention of two black men in a courthouse hallway, followed by the arrest of their attorney when she stepped in, appeared far from over.\u003c/p>\n\u003cp>Police arrested Deputy Public Defender Jami Tillotson on suspicion of obstructing a peace officer after she questioned a police sergeant while he was attempting to photograph two men outside a courtroom at the Hall of Justice.\u003c/p>\n\u003cp>Tillotson had represented one of the men earlier that day, according to Public Defender Jeff Adachi, who \u003ca href=\"http://sfpublicdefender.org/news/2015/01/video-deputy-public-defender-unjustly-arrested/\" target=\"_blank\">released cellphone video\u003c/a> of the arrest (below). The video shows Sgt. Brian Stansbury asking Tillotson to step aside.\u003c/p>\n\u003cp>\"I'm pretty sure we're OK here,\" Tillotson said. \"We don't need any pictures taken.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The sergeant then said he would arrest her and Tillotson replied, \"Please do.\"\u003c/p>\n\u003cp>Stansbury then handcuffed her and a uniformed officer escorted her away. She was detained for about an hour, Adachi said.\u003c/p>\n\u003cp>http://youtu.be/7qhzdxYnwhg\u003c/p>\n\u003cp>Adachi told the Police Commission he is outraged and disappointed over the arrest and the department's response to the incident.\u003c/p>\n\u003cp>\"I made it clear that what we wanted was an apology,\" he said. \"Instead, there was a public statement saying that what they did was completely justified.\"\u003c/p>\n\u003cp>Suhr said Stansbury had reasonable suspicion to stop the men and photograph them because the sergeant believed they were wearing the same clothing he suspected they were wearing when they committed a burglary.\u003c/p>\n\u003cp>\"I do apologize for any distress caused to Ms. Tillotson during her detention,\" Suhr said. \"I don’t disagree that he had reasonable suspicion, but that case ... it has not been presented, and we will not be seeking a warrant on that matter. So there will not be criminal charges. It will be closed out as an investigative detention.\"\u003c/p>\n\u003cp>In a letter to the commission, the American Civil Liberties Union of Northern California questioned whether detaining the men was in line with Police Department policy. The ACLU also said the incident raises broader issues concerning police treatment of young black men.\u003c/p>\n\u003cp>\"[A]s Ferguson reminds us, this country and this City have a long way to go to overcome the community distrust and fear of the police that are prevalent in certain communities,\" the letter says. \"The actions of the police last Tuesday have an appearance of police overreaching and racial profiling.\"\u003c/p>\n\u003cp>Alan Schlosser, the legal director of the Northern California ACLU, said the setting of the arrest raised alarm.\u003c/p>\n\u003cp>\"If they can do that in a courthouse, what can they do to me on the street where there are no lawyers, and no videos?\" he asked.\u003c/p>\n\u003cp>Police Commission member Petra DeJesus said the agency should investigate whether the department has adequate policies regarding detaining a suspect when his or her attorney is present.\u003c/p>\n\u003cp>\"I mean we can’t go around arresting attorneys,\" she said.\u003c/p>\n\u003cp>\"Well, unless they break the law,\" Commission President Suzy Loftus said, adding that the arrest is under investigation by the city's \u003ca href=\"http://sfgov.org/occ/\" target=\"_blank\">Office of Citizen Complaints\u003c/a>.\u003c/p>\n\u003cp>Commissioner Thomas Mazzucco said the commission must remain silent on the case because it will hear and rule on that investigation.\u003c/p>\n\u003cp>\"There is a policy,\" Commission Vice President Julius Turman said. \"It’s called the 6th Amendment to the Constitution of the United States, and we will take up in this process what violation, if any, occurred of that.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=254802591 key=key-GdNG3Nj5RkaAzkPB9BIo mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Police won't seek criminal charges against a San Francisco deputy public defender arrested outside a courtroom last week, Chief Greg Suhr said at a Wednesday night meeting of the city's Police Commission.\u003c/p>\n\u003cp>But the controversy stemming from the brief detention of two black men in a courthouse hallway, followed by the arrest of their attorney when she stepped in, appeared far from over.\u003c/p>\n\u003cp>Police arrested Deputy Public Defender Jami Tillotson on suspicion of obstructing a peace officer after she questioned a police sergeant while he was attempting to photograph two men outside a courtroom at the Hall of Justice.\u003c/p>\n\u003cp>Tillotson had represented one of the men earlier that day, according to Public Defender Jeff Adachi, who \u003ca href=\"http://sfpublicdefender.org/news/2015/01/video-deputy-public-defender-unjustly-arrested/\" target=\"_blank\">released cellphone video\u003c/a> of the arrest (below). The video shows Sgt. Brian Stansbury asking Tillotson to step aside.\u003c/p>\n\u003cp>\"I'm pretty sure we're OK here,\" Tillotson said. \"We don't need any pictures taken.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The sergeant then said he would arrest her and Tillotson replied, \"Please do.\"\u003c/p>\n\u003cp>Stansbury then handcuffed her and a uniformed officer escorted her away. She was detained for about an hour, Adachi said.\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/7qhzdxYnwhg'\n title='//www.youtube.com/embed/7qhzdxYnwhg'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Adachi told the Police Commission he is outraged and disappointed over the arrest and the department's response to the incident.\u003c/p>\n\u003cp>\"I made it clear that what we wanted was an apology,\" he said. \"Instead, there was a public statement saying that what they did was completely justified.\"\u003c/p>\n\u003cp>Suhr said Stansbury had reasonable suspicion to stop the men and photograph them because the sergeant believed they were wearing the same clothing he suspected they were wearing when they committed a burglary.\u003c/p>\n\u003cp>\"I do apologize for any distress caused to Ms. Tillotson during her detention,\" Suhr said. \"I don’t disagree that he had reasonable suspicion, but that case ... it has not been presented, and we will not be seeking a warrant on that matter. So there will not be criminal charges. It will be closed out as an investigative detention.\"\u003c/p>\n\u003cp>In a letter to the commission, the American Civil Liberties Union of Northern California questioned whether detaining the men was in line with Police Department policy. The ACLU also said the incident raises broader issues concerning police treatment of young black men.\u003c/p>\n\u003cp>\"[A]s Ferguson reminds us, this country and this City have a long way to go to overcome the community distrust and fear of the police that are prevalent in certain communities,\" the letter says. \"The actions of the police last Tuesday have an appearance of police overreaching and racial profiling.\"\u003c/p>\n\u003cp>Alan Schlosser, the legal director of the Northern California ACLU, said the setting of the arrest raised alarm.\u003c/p>\n\u003cp>\"If they can do that in a courthouse, what can they do to me on the street where there are no lawyers, and no videos?\" he asked.\u003c/p>\n\u003cp>Police Commission member Petra DeJesus said the agency should investigate whether the department has adequate policies regarding detaining a suspect when his or her attorney is present.\u003c/p>\n\u003cp>\"I mean we can’t go around arresting attorneys,\" she said.\u003c/p>\n\u003cp>\"Well, unless they break the law,\" Commission President Suzy Loftus said, adding that the arrest is under investigation by the city's \u003ca href=\"http://sfgov.org/occ/\" target=\"_blank\">Office of Citizen Complaints\u003c/a>.\u003c/p>\n\u003cp>Commissioner Thomas Mazzucco said the commission must remain silent on the case because it will hear and rule on that investigation.\u003c/p>\n\u003cp>\"There is a policy,\" Commission Vice President Julius Turman said. \"It’s called the 6th Amendment to the Constitution of the United States, and we will take up in this process what violation, if any, occurred of that.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/254802591/content?start_page=1&view_mode=&access_key=key-GdNG3Nj5RkaAzkPB9BIo\"\n title=\"http://www.scribd.com/doc/254802591\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_254802591\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/254802591\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Video of SFPD Officer Trying to Push Disabled Man Off Curb Prompts Investigation",
"title": "Video of SFPD Officer Trying to Push Disabled Man Off Curb Prompts Investigation",
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"content": "\u003cp>The Internet is giving \u003ca href=\"https://www.google.com/?gws_rd=ssl#q=san+francisco+police+wheelchair+video\" target=\"_blank\">semi-viral treatment\u003c/a> to two videos of a San Francisco police officer attempting to shove a man in a wheelchair off a sidewalk curb.\u003c/p>\n\u003cp>The incident occurred last Sunday in the city's Visitacion Valley neighborhood. One \u003ca href=\"http://youtu.be/6mxFNtcmEAA\" target=\"_blank\">video\u003c/a> shows the man in a wheelchair crossing the street to where a group of police are detaining two other men. The disabled man is then seen interacting with several officers, one of whom swivels the man's chair until it hits a sign pole. The officer then gives the chair a shove, and the man tips over toward the street but doesn't fall out of his chair. An argument ensues, and the police officer is heard saying, \"You f**** ran my foot over.\" Later, he says, 'You don't run my foot over,\" and the disabled man says, \"f*** your foot, you don't do a handicapped person like that.\"\u003c/p>\n\u003cp>https://www.youtube.com/watch?x-yt-ts=1421914688&x-yt-cl=84503534&v=6mxFNtcmEAA#action=share\u003c/p>\n\u003cp>The \u003ca href=\"https://www.facebook.com/video.php?v=830375053685492&pnref=story\" target=\"_blank\">second video\u003c/a>, from a different angle, shows the officer rotating the wheelchair then tipping it over.\u003c/p>\n\u003cp>The videos were posted on \u003ca href=\"http://thefreethoughtproject.com/san-francisco-police-officer-caught-cam-assaulting-man-wheelchair-officers/#ldpjcyvxEUD447Yk.99\" target=\"_blank\">The Free Thought Project\u003c/a>, a website that monitors police activity. The post said they were uploaded by the cousin of both the man in the wheelchair and one of the men being detained on the sidewalk. You can read that \u003ca href=\"http://thefreethoughtproject.com/san-francisco-police-officer-caught-cam-assaulting-man-wheelchair-officers/#ldpjcyvxEUD447Yk.99\" target=\"_blank\">account of what happened here\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>CBS SF Bay Area on Wednesday \u003ca href=\"http://sanfrancisco.cbslocal.com/video?autoStart=true&topVideoCatNo=default&clipId=11057247\" target=\"_blank\">talked to the man in the wheelchair\u003c/a>, DeVaughn Frierson, who told reporter Joe Vasquez he wanted the officer who pushed him to be fired. The station said Frierson is paralyzed from the waist down due to a spinal cord injury. Frierson said on camera that he intervened to \"be a witness because my cousin was getting beat up by the police.\" He also told CBS he has hired a lawyer.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On Wednesday, SFPD Public Information Officer Grace Gatpandan issued the following statement in response to media requests:\u003c/p>\n\u003cblockquote>\u003cp>In regards to the incident involving a SFPD Officer and a wheelchair-bound citizen: On 1/18/2015 at approximately 4:01pm, Officers were on regular patrol in the area of Sunnydale and Hahn in the Ingleside district. While in the area, officers on-viewed citizens engaged in a heated verbal altercation. Officers then went over to investigate the nature of the situation. A total of 4 citizens were cited and released from the scene.\u003c/p>\n\u003cp>The incident is being investigated by SFPD Internal Affairs Division and the Office of Citizen Complaints. As this is an employee investigation, we cannot discuss the details of this incident.\u003c/p>\u003c/blockquote>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Internet is giving \u003ca href=\"https://www.google.com/?gws_rd=ssl#q=san+francisco+police+wheelchair+video\" target=\"_blank\">semi-viral treatment\u003c/a> to two videos of a San Francisco police officer attempting to shove a man in a wheelchair off a sidewalk curb.\u003c/p>\n\u003cp>The incident occurred last Sunday in the city's Visitacion Valley neighborhood. One \u003ca href=\"http://youtu.be/6mxFNtcmEAA\" target=\"_blank\">video\u003c/a> shows the man in a wheelchair crossing the street to where a group of police are detaining two other men. The disabled man is then seen interacting with several officers, one of whom swivels the man's chair until it hits a sign pole. The officer then gives the chair a shove, and the man tips over toward the street but doesn't fall out of his chair. An argument ensues, and the police officer is heard saying, \"You f**** ran my foot over.\" Later, he says, 'You don't run my foot over,\" and the disabled man says, \"f*** your foot, you don't do a handicapped person like that.\"\u003c/p>\n\u003cp>https://www.youtube.com/watch?x-yt-ts=1421914688&x-yt-cl=84503534&v=6mxFNtcmEAA#action=share\u003c/p>\n\u003cp>The \u003ca href=\"https://www.facebook.com/video.php?v=830375053685492&pnref=story\" target=\"_blank\">second video\u003c/a>, from a different angle, shows the officer rotating the wheelchair then tipping it over.\u003c/p>\n\u003cp>The videos were posted on \u003ca href=\"http://thefreethoughtproject.com/san-francisco-police-officer-caught-cam-assaulting-man-wheelchair-officers/#ldpjcyvxEUD447Yk.99\" target=\"_blank\">The Free Thought Project\u003c/a>, a website that monitors police activity. The post said they were uploaded by the cousin of both the man in the wheelchair and one of the men being detained on the sidewalk. You can read that \u003ca href=\"http://thefreethoughtproject.com/san-francisco-police-officer-caught-cam-assaulting-man-wheelchair-officers/#ldpjcyvxEUD447Yk.99\" target=\"_blank\">account of what happened here\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>CBS SF Bay Area on Wednesday \u003ca href=\"http://sanfrancisco.cbslocal.com/video?autoStart=true&topVideoCatNo=default&clipId=11057247\" target=\"_blank\">talked to the man in the wheelchair\u003c/a>, DeVaughn Frierson, who told reporter Joe Vasquez he wanted the officer who pushed him to be fired. The station said Frierson is paralyzed from the waist down due to a spinal cord injury. Frierson said on camera that he intervened to \"be a witness because my cousin was getting beat up by the police.\" He also told CBS he has hired a lawyer.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>On Wednesday, SFPD Public Information Officer Grace Gatpandan issued the following statement in response to media requests:\u003c/p>\n\u003cblockquote>\u003cp>In regards to the incident involving a SFPD Officer and a wheelchair-bound citizen: On 1/18/2015 at approximately 4:01pm, Officers were on regular patrol in the area of Sunnydale and Hahn in the Ingleside district. While in the area, officers on-viewed citizens engaged in a heated verbal altercation. Officers then went over to investigate the nature of the situation. A total of 4 citizens were cited and released from the scene.\u003c/p>\n\u003cp>The incident is being investigated by SFPD Internal Affairs Division and the Office of Citizen Complaints. As this is an employee investigation, we cannot discuss the details of this incident.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_10412656\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/SFPD.jpg\">\u003cimg class=\"wp-image-10412656 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/SFPD-400x271.jpg\" alt=\"SFPD Henry Hotel Raid Dec. 23, 2014\" width=\"400\" height=\"271\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/01/SFPD-400x271.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/SFPD-800x542.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/SFPD.jpg 1408w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An image from Henry Hotel security camera footage shows SFPD Officer Arthur Madrid inserting a key into the door of room 504. Officer Arshad Razzak is directly to Madrid's right, and Officer Richard Yick is in the foreground. Madrid's partner, Robert Forenis, is to his left. (Courtesy of the San Francisco Public Defender's Office)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, 12:45 p.m.:\u003c/strong> A jury has convicted San Francisco police Officer Arshad Razzak on federal charges for illegally searching the room of drug suspects. Razzak was also charged with falsifying a police report to make the warrantless search appear legal. Fellow plainclothes officer Richard Yick was found not guilty.\u003c/p>\n\u003cp>\u003cstrong>Original:\u003c/strong>\u003cbr>\nA federal jury began deliberations Wednesday in a criminal trial of two San Francisco plainclothes police officers charged with conspiring to illegally search the hotel rooms of drug suspects.\u003c/p>\n\u003cp>The charges against officers Arshad Razzak and Richard Yick stem from a warrantless entry into a hotel room on Dec. 23, 2010. Razzak allegedly got a tip from a confidential informant that a male and a female were in Room 504 at the Henry Hotel, a single-room-occupancy hotel on Sixth Street, with a large quantity of heroin.\u003c/p>\n\u003cp>Razzak and Yick met two other Southern District plainclothes officers, Arthur Madrid and Robert Forenis, outside the hotel. Madrid and Forenis specialized in auto burglaries, but the plainclothes unit was short that day so they showed up to assist in the raid. The four launched a loose plan to secure the room and then get a search warrant, according to Yick’s testimony.\u003c/p>\n\u003cp>But a search warrant was never part of the plan, federal prosecutors said, and instead officers were engaged in a conspiracy to violate civil rights of drug suspects.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In his closing arguments, federal prosecutor Rodney Villazor described how a “run-of-the-mill” narcotics possession case became part of an ongoing black eye for the SFPD, when in March 2011 the San Francisco Public Defender’s Office \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A%20SFPublicDefender%20%28San%20Francisco%20Public%20Defender%29\" target=\"_blank\">released\u003c/a> Henry Hotel security camera footage of the raid.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=GFwr9lJP35U\u003c/p>\n\u003cp>It’s the second federal criminal trial against SFPD plainclothes officers in recent months as investigations into the videos make their way through the criminal justice system. Two other officers were \u003ca href=\"http://www.sfgate.com/crime/article/Two-San-Francisco-police-officers-convicted-in-5937963.php\" target=\"_blank\">convicted\u003c/a> of taking money from drug suspects and pocketing it, among other charges, in December. They have not yet been sentenced.\u003c/p>\n\u003cp>“What was on the video was irreconcilable with what was in the police report,” Villazor told the jury. “Why? Because Arshad Razzak was falsifying, falsifying it to cover up their actions … to go into Jessica Richmond’s room without a warrant.”\u003c/p>\n\u003cp>Defense attorneys argued officers had the right to enter the room without a warrant because there were exigent circumstances, an exception to the Fourth Amendment’s warrant requirement. Police had reason to believe the heroin would be moved, and soon. But the raid became confused, with some officers testifying they believed they would “freeze” the room from outside and get a warrant, while at least one of the officers thought the plan was to enter the apartment.\u003c/p>\n\u003cp>\u003cstrong>‘Freeze the Room’ or ‘Key the Door?’\u003c/strong>\u003c/p>\n\u003cp>The security camera video shows four officers, Yick in front, charging onto the fifth floor of the Henry Hotel. Yick covers one of the cameras with his hand while the other three officers pass him. He testified that this was common practice, to keep the hotel’s desk clerk from alerting residents that police were coming.\u003c/p>\n\u003cp>But there were other cameras.\u003c/p>\n\u003cp>With Madrid now in the lead, the officers turned a corner and approached Room 504. Somehow, Madrid had a master key, but none of the officers who testified could remember how he got it, including Madrid.\u003c/p>\n\u003cp>Yick testified that he understood the idea to “freeze the room” to mean to lock it down from the outside, he said.\u003c/p>\n\u003cp>But as he rounded the corner, he saw Madrid walk directly to the door with Forenis and Razzak behind him. He appeared to immediately insert the key and open the door.\u003c/p>\n\u003cp>“It wasn’t the plan,” Yick testified. “That’s not freezing the room.”\u003c/p>\n\u003cp>Federal prosecutors granted Madrid immunity from prosecution in the case in exchange for his testimony. He said Razzak told him to “key the door.” Yick and Forenis said they never heard that order. Razzak did not testify.\u003c/p>\n\u003cp>The video shows Madrid pushing into the room with Forenis on his left, Razzak and Yick on his right.\u003c/p>\n\u003cp>As soon as he noticed Madrid opening the door, Yick testified, he switched his role from “freezing the room” to backup for the entry.\u003c/p>\n\u003cp>“Once someone’s going in, your first role is to back that officer up,” Yick said. “This is where you can get killed.”\u003c/p>\n\u003cp>According to federal prosecutors, the moment officers entered the room without a search warrant, a conspiracy to violate the civil rights of the resident had launched.\u003c/p>\n\u003cp>“The real plan was just to enter the room,” Villazor told the jury. “They were not going to freeze it. … This is the moment. This is the part they want to cover up.”\u003c/p>\n\u003cp>Razzak’s defense attorney, Michael Rains, told the jury that officers were doing their job lawfully, as they understood it. He showed Razzak’s training records and argued the senior officer had very little training on the key issue.\u003c/p>\n\u003cp>“In the last week,” Rains told the jury, “you have heard more about securing a room pending the issuance of a search warrant and exigent circumstances than these defendants have heard in 16 years.”\u003c/p>\n\u003cp>He added, “He got no training. They’re throwing this guy into hotel rooms … and he’s doing the best he can.”\u003c/p>\n\u003cp>\u003cstrong>‘Paper it After’\u003c/strong>\u003c/p>\n\u003cp>The officers pulled Carlos Hutcherson and the registered occupant, Jessica Richmond, from the room. Yick said uncapped needles were strewn about the floor and covering the bed. Hutcherson was arrested for possession of some 65 grams of heroin, but a San Francisco Superior Court judge dismissed the case in light of the security camera footage. Scores of other cases \u003ca href=\"http://ww2.kqed.org/news/2011/03/09/update-on-san-francisco-police-department-video-scandal\" target=\"_blank\">were also dropped\u003c/a> in the wake of the SFPD video scandal, which includes other incidents in which footage appears to contradict official police reports.\u003c/p>\n\u003cp>In the Henry Hotel case, Razzak wrote that officers knocked and announced their presence and were met by Richmond at the door, who gave them consent to search the apartment. Richmond did sign a consent-to-search form, brought to the hotel later by two uniformed SFPD officers, but she testified she was coerced into signing it.\u003c/p>\n\u003cp>“The real plan was to enter the room and then paper it after,” Villazor said, meaning officers intended to create an official paper trail of falsified records to justify the search. “Possibly the most flawed part to this freezing-the-room fantasy: They had a hotel key.”\u003c/p>\n\u003cp>Defense attorneys argued the charges are a stretch. The officers may have made mistakes, but they intended to do their job lawfully.\u003c/p>\n\u003cp>“When people conspire, they do not conspire in one limited incident in a case of limited significance against people they do not know,” said Yick's attorney, Peter Furst.\u003c/p>\n\u003cp>Intent is a key element in every charge against both Razzak and Yick. To be found guilty of conspiracy, they must not only have agreed to enter the room without a warrant, but also to have done so with the intent of violating Richmond’s Fourth Amendment protection against unreasonable search and seizure, according to the court’s instructions to jurors.\u003c/p>\n\u003cp>Both officers are also charged with deprivation of rights under the color of law.\u003c/p>\n\u003cp>The most serious charges involve only Razzak and his alleged intentional falsification of a police report and informant pay slip about the incident. Yick was originally charged with similar counts, but both have been dropped over the course of the trial.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The jury is scheduled to resume deliberating today.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_10412656\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/SFPD.jpg\">\u003cimg class=\"wp-image-10412656 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/SFPD-400x271.jpg\" alt=\"SFPD Henry Hotel Raid Dec. 23, 2014\" width=\"400\" height=\"271\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/01/SFPD-400x271.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/SFPD-800x542.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/SFPD.jpg 1408w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An image from Henry Hotel security camera footage shows SFPD Officer Arthur Madrid inserting a key into the door of room 504. Officer Arshad Razzak is directly to Madrid's right, and Officer Richard Yick is in the foreground. Madrid's partner, Robert Forenis, is to his left. (Courtesy of the San Francisco Public Defender's Office)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Update, 12:45 p.m.:\u003c/strong> A jury has convicted San Francisco police Officer Arshad Razzak on federal charges for illegally searching the room of drug suspects. Razzak was also charged with falsifying a police report to make the warrantless search appear legal. Fellow plainclothes officer Richard Yick was found not guilty.\u003c/p>\n\u003cp>\u003cstrong>Original:\u003c/strong>\u003cbr>\nA federal jury began deliberations Wednesday in a criminal trial of two San Francisco plainclothes police officers charged with conspiring to illegally search the hotel rooms of drug suspects.\u003c/p>\n\u003cp>The charges against officers Arshad Razzak and Richard Yick stem from a warrantless entry into a hotel room on Dec. 23, 2010. Razzak allegedly got a tip from a confidential informant that a male and a female were in Room 504 at the Henry Hotel, a single-room-occupancy hotel on Sixth Street, with a large quantity of heroin.\u003c/p>\n\u003cp>Razzak and Yick met two other Southern District plainclothes officers, Arthur Madrid and Robert Forenis, outside the hotel. Madrid and Forenis specialized in auto burglaries, but the plainclothes unit was short that day so they showed up to assist in the raid. The four launched a loose plan to secure the room and then get a search warrant, according to Yick’s testimony.\u003c/p>\n\u003cp>But a search warrant was never part of the plan, federal prosecutors said, and instead officers were engaged in a conspiracy to violate civil rights of drug suspects.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In his closing arguments, federal prosecutor Rodney Villazor described how a “run-of-the-mill” narcotics possession case became part of an ongoing black eye for the SFPD, when in March 2011 the San Francisco Public Defender’s Office \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A%20SFPublicDefender%20%28San%20Francisco%20Public%20Defender%29\" target=\"_blank\">released\u003c/a> Henry Hotel security camera footage of the raid.\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/GFwr9lJP35U'\n title='//www.youtube.com/embed/GFwr9lJP35U'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>It’s the second federal criminal trial against SFPD plainclothes officers in recent months as investigations into the videos make their way through the criminal justice system. Two other officers were \u003ca href=\"http://www.sfgate.com/crime/article/Two-San-Francisco-police-officers-convicted-in-5937963.php\" target=\"_blank\">convicted\u003c/a> of taking money from drug suspects and pocketing it, among other charges, in December. They have not yet been sentenced.\u003c/p>\n\u003cp>“What was on the video was irreconcilable with what was in the police report,” Villazor told the jury. “Why? Because Arshad Razzak was falsifying, falsifying it to cover up their actions … to go into Jessica Richmond’s room without a warrant.”\u003c/p>\n\u003cp>Defense attorneys argued officers had the right to enter the room without a warrant because there were exigent circumstances, an exception to the Fourth Amendment’s warrant requirement. Police had reason to believe the heroin would be moved, and soon. But the raid became confused, with some officers testifying they believed they would “freeze” the room from outside and get a warrant, while at least one of the officers thought the plan was to enter the apartment.\u003c/p>\n\u003cp>\u003cstrong>‘Freeze the Room’ or ‘Key the Door?’\u003c/strong>\u003c/p>\n\u003cp>The security camera video shows four officers, Yick in front, charging onto the fifth floor of the Henry Hotel. Yick covers one of the cameras with his hand while the other three officers pass him. He testified that this was common practice, to keep the hotel’s desk clerk from alerting residents that police were coming.\u003c/p>\n\u003cp>But there were other cameras.\u003c/p>\n\u003cp>With Madrid now in the lead, the officers turned a corner and approached Room 504. Somehow, Madrid had a master key, but none of the officers who testified could remember how he got it, including Madrid.\u003c/p>\n\u003cp>Yick testified that he understood the idea to “freeze the room” to mean to lock it down from the outside, he said.\u003c/p>\n\u003cp>But as he rounded the corner, he saw Madrid walk directly to the door with Forenis and Razzak behind him. He appeared to immediately insert the key and open the door.\u003c/p>\n\u003cp>“It wasn’t the plan,” Yick testified. “That’s not freezing the room.”\u003c/p>\n\u003cp>Federal prosecutors granted Madrid immunity from prosecution in the case in exchange for his testimony. He said Razzak told him to “key the door.” Yick and Forenis said they never heard that order. Razzak did not testify.\u003c/p>\n\u003cp>The video shows Madrid pushing into the room with Forenis on his left, Razzak and Yick on his right.\u003c/p>\n\u003cp>As soon as he noticed Madrid opening the door, Yick testified, he switched his role from “freezing the room” to backup for the entry.\u003c/p>\n\u003cp>“Once someone’s going in, your first role is to back that officer up,” Yick said. “This is where you can get killed.”\u003c/p>\n\u003cp>According to federal prosecutors, the moment officers entered the room without a search warrant, a conspiracy to violate the civil rights of the resident had launched.\u003c/p>\n\u003cp>“The real plan was just to enter the room,” Villazor told the jury. “They were not going to freeze it. … This is the moment. This is the part they want to cover up.”\u003c/p>\n\u003cp>Razzak’s defense attorney, Michael Rains, told the jury that officers were doing their job lawfully, as they understood it. He showed Razzak’s training records and argued the senior officer had very little training on the key issue.\u003c/p>\n\u003cp>“In the last week,” Rains told the jury, “you have heard more about securing a room pending the issuance of a search warrant and exigent circumstances than these defendants have heard in 16 years.”\u003c/p>\n\u003cp>He added, “He got no training. They’re throwing this guy into hotel rooms … and he’s doing the best he can.”\u003c/p>\n\u003cp>\u003cstrong>‘Paper it After’\u003c/strong>\u003c/p>\n\u003cp>The officers pulled Carlos Hutcherson and the registered occupant, Jessica Richmond, from the room. Yick said uncapped needles were strewn about the floor and covering the bed. Hutcherson was arrested for possession of some 65 grams of heroin, but a San Francisco Superior Court judge dismissed the case in light of the security camera footage. Scores of other cases \u003ca href=\"http://ww2.kqed.org/news/2011/03/09/update-on-san-francisco-police-department-video-scandal\" target=\"_blank\">were also dropped\u003c/a> in the wake of the SFPD video scandal, which includes other incidents in which footage appears to contradict official police reports.\u003c/p>\n\u003cp>In the Henry Hotel case, Razzak wrote that officers knocked and announced their presence and were met by Richmond at the door, who gave them consent to search the apartment. Richmond did sign a consent-to-search form, brought to the hotel later by two uniformed SFPD officers, but she testified she was coerced into signing it.\u003c/p>\n\u003cp>“The real plan was to enter the room and then paper it after,” Villazor said, meaning officers intended to create an official paper trail of falsified records to justify the search. “Possibly the most flawed part to this freezing-the-room fantasy: They had a hotel key.”\u003c/p>\n\u003cp>Defense attorneys argued the charges are a stretch. The officers may have made mistakes, but they intended to do their job lawfully.\u003c/p>\n\u003cp>“When people conspire, they do not conspire in one limited incident in a case of limited significance against people they do not know,” said Yick's attorney, Peter Furst.\u003c/p>\n\u003cp>Intent is a key element in every charge against both Razzak and Yick. To be found guilty of conspiracy, they must not only have agreed to enter the room without a warrant, but also to have done so with the intent of violating Richmond’s Fourth Amendment protection against unreasonable search and seizure, according to the court’s instructions to jurors.\u003c/p>\n\u003cp>Both officers are also charged with deprivation of rights under the color of law.\u003c/p>\n\u003cp>The most serious charges involve only Razzak and his alleged intentional falsification of a police report and informant pay slip about the incident. Yick was originally charged with similar counts, but both have been dropped over the course of the trial.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Disability Advocates: Appeal Over S.F. Police Shooting Puts ADA at Risk",
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"content": "\u003cp>The ACLU and 42 other organizations are calling on the city of San Francisco to drop its \u003ca href=\"http://ww2.kqed.org/news/2014/11/25/u-s-supreme-court-to-hear-san-francisco-case-on-police-disabled\" target=\"_blank\">appeal pending\u003c/a> before the U.S. Supreme Court regarding a 2008 officer-involved shooting of a woman with a diagnosed mental illness.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The City Attorney’s petition to the Court asks for an interpretation of the ADA that would leave people with psychiatric disabilities without the ability to require law enforcement to be reasonably responsive to their needs.' \u003ccite>Letter from disability rights advocates to Mayor Ed Lee and City Attorney Dennis Herrera\u003c/cite>\u003c/aside>\n\u003cp>The groups wrote an open letter (\u003ca href=\"#letter\">read below\u003c/a>) to Mayor Ed Lee and City Attorney Dennis Herrera on Jan. 8. Each member of the Board of Supervisors received a copy, as did San Francisco Police Chief Greg Suhr and Police Commission President Suzy Loftus.\u003c/p>\n\u003cp>San Francisco resident Teresa Sheehan, who is diagnosed with schizoaffective disorder, is suing San Francisco and the police department after the shooting left her severely injured. Her \u003ca href=\"http://www.scribd.com/doc/241408998/Teresa-Sheehan-Complaint\" target=\"_blank\">lawsuit \u003c/a>alleges the SFPD violated the Americans with Disabilities Act when officers used confrontational tactics despite knowing she was having a psychiatric crisis.\u003c/p>\n\u003cp>\u003cstrong>The Incident\u003c/strong>\u003c/p>\n\u003cp>On a summer day in 2008, SFPD officers Kimberly Reynolds and Katherine Holder responded to a social worker’s call about Sheehan’s behavior. Sheehan was living in a Mission District co-op for people with mental illness at the time. When the social worker went to check on her, she threatened him with a knife. When the officers arrived, she threatened to stab them, too, then shut the door to her apartment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The officers re-entered her room by force. She raised a knife, according to the \u003ca href=\"https://www.scribd.com/doc/241410111/SFPD-Report-on-Sheehan-OIS-12-8-2009\" target=\"_blank\">police report\u003c/a>. The officers shot her multiple times.\u003c/p>\n\u003cp>Sheehan was charged with assault. A jury cleared her, and she sued the city for violations of civil and disability rights.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/169983711\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cstrong>Trial Pending\u003c/strong>\u003c/p>\n\u003cp>A district court initially ruled that Sheehan could not sue for violations of the Americans with Disabilities Act. Her attorneys appealed that decision, and last February, the 9th U.S. Circuit Court of Appeals \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\">reversed the district court's ruling\u003c/a>, saying the suit could move forward.\u003c/p>\n\u003cp>Among the issues remanded to the trial court by the 9th Circuit, disability advocacy groups are most in support of the ADA's application to interactions with law enforcement. From the 9th Circuit opinion:\u003c/p>\n\u003cblockquote>\u003cp>Turning to an issue of first impression, we join the majority of circuits that have addressed the issue and hold that Title II of the Americans with Disabilities Act applies to arrests. But we emphasize, as have those other circuits, that the exigencies surrounding police officers’ decisions in the field must be taken into account when assessing the reasonableness of the officers’ actions. We hold that, on the facts presented here, there is a triable issue whether the officers failed to reasonably accommodate Sheehan’s disability when they forced their way back into her room without taking her mental illness into account or employing generally accepted police practices for peaceably resolving a confrontation with a person with mental illness.\u003c/p>\u003c/blockquote>\n\u003cp>The holding that the ADA applies to arrests is law in the 9th Circuit, but Sheehan's civil trial is on hold while the city's appeal is before the Supreme Court. Oral arguments in the case are expected to be scheduled for late March or early April.\u003c/p>\n\u003cp>There are two questions before the Supreme Court: whether the ADA \"requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody,\" and whether the officers' second entry into Sheehan's apartment was unreasonable under the Forth Amendment \"by reason of the anticipated resistance of an armed and violent suspect within.\"\u003c/p>\n\u003cp>Deputy City Attorney Peter Keith is representing San Francisco in the case. He said the city agrees that the ADA should apply to arrests, but there is disagreement about what that means.\u003c/p>\n\u003cfigure id=\"attachment_10401680\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg\">\u003cimg class=\"size-thumbnail wp-image-10401680\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg\" alt=\"Teresa Sheehan (Courtesy of Frances Sheehan)\" width=\"400\" height=\"279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg 464w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Teresa Sheehan at Christmas dinner in 2014. (Courtesy of Frances Sheehan) \u003ccite>(Courtesy of Francis Sheehan)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The officers on the scene made a reasonable judgment that Ms. Sheehan posed a significant risk to the safety of others,\" he said, \"and that's really what this case is about, the judgment that was made that day.\"\u003c/p>\n\u003cp>Keith said officers were concerned that Sheehan, who is overweight and physically disabled, might climb out a fire escape and pose a risk to public safety. Judges were skeptical of that point during oral arguments before the 9th Circuit.\u003c/p>\n\u003cp>Oakland civil rights attorney Ben Nisenbaum has represented Sheehan through her multiple trials. He now finds himself preparing arguments for the U.S. Supreme Court.\u003c/p>\n\u003cp>\"There's nothing about her that indicated she wanted anything other than to be left alone in her room,\" Nisenbaum said. \"This was not some young, spry criminal who was trying to flee, but unfortunately that seems to be the approach that was taken.\"\u003c/p>\n\u003cp>In a deposition, Officer Kimberly Reynolds said, \"I don't believe specifically that I can say I thought at that moment when I authorized and instructed Officer Holder to open the door about her psychiatric disability.\"\u003c/p>\n\u003cp>To Nisenbaum, the statement is huge.\u003c/p>\n\u003cp>\"How does she accommodate the disability? What thought did she give to it? What did she think is going to happen? Is [Sheehan] going to suddenly be a rational human being? Is she going to stop being sick?\"\u003c/p>\n\u003cp>\u003cstrong>SFPD Changes\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Police Department declined KQED's request for an interview with Suhr.\u003c/p>\n\u003cp>The police chief took office in 2011, three years after the Sheehan shooting. He said at a recent town hall meeting that department policies regarding responses to people in psychiatric crisis have been updated to involve officers with specialized Crisis Intervention Training.\u003c/p>\n\u003cp>\"If the officers get there and realize that they have a person in crisis, which we train to, there is a directive that came out pretty much immediately after I became chief that they are to stand down and call for CIT officers and/or a hostage negotiator trained officer, which is one level above CIT,\" Suhr said.\u003c/p>\n\u003cp>SFPD now has 324 CIT-trained officers, according to a presentation Wednesday night at the city's police commission. That's 22 percent of the patrol force. Several more weeklong CIT trainings are being scheduled for 2015.\u003c/p>\n\u003cp>[contextly_sidebar id=\"WK2kKL2osy7KWtpMnJEBtE0U1aefdIJJ\"]\u003c/p>\n\u003cp>Recently, Lt. Mario Molina became the fourth person to head the department's CIT efforts in as many years. This CIT position is in addition to his duties as a swing-watch lieutenant at the Bayview station. He said the department is still working to coordinate with dispatchers on how to specify that a call should be responded to by officers specially trained to de-escalate psychiatric crises.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi signed the letter asking San Francisco to drop its appeal. He said the city has made huge strides in training officers in behavioral health, the use of nonlethal force and de-escalation.\u003c/p>\n\u003cp>\"Our concern is if the Supreme Court rules that police officers don't have to do this as a matter of law or are immune from a civil action, the result will be that police departments have very little incentive to train their officers properly,\" he said.\u003c/p>\n\u003cp>\u003cstrong>A Call to San Francisco\u003c/strong>\u003c/p>\n\u003cp>The letter to Mayor Ed Lee and Herrera says the appeal puts the ADA -- and San Francisco’s reputation as a leader in disability rights -- at risk.\u003c/p>\n\u003cp>“The City Attorney’s petition to the Court asks for an interpretation of the ADA that would leave people with psychiatric disabilities without the ability to require law enforcement to be reasonably responsive to their needs,” the letter reads.\u003c/p>\n\u003cp>It is signed by civil rights, mental illness and disabilities advocates, as well as medical associations, law firms and legal advocates. The letter cites statistics from a \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">September KQED series\u003c/a> that found more than half of the people shot and killed by San Francisco police officers between 2005 and 2013 had a psychiatric disability that contributed to the incident.\u003c/p>\n\u003cp>The Mental Health Association of San Francisco is one of the signatories.\u003c/p>\n\u003cp>“[For] San Francisco to bring a case that looks like it’s specifically targeting and undermining the rights and dignity of people who already face so many types of discrimination is hugely problematic,” said Eduardo Vega, executive director of the Mental Health Association of San Francisco.\u003c/p>\n\u003cp>Neither the mayor nor any of the supervisors responded to KQED's requests for comment.\u003cbr>\n\u003ca name=\"letter\">\u003c/a>\u003cbr>\nRead the letter to Mayor Ed Lee and City Attorney Dennis Hererra below:\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[scribd id=252096817 key=key-yRTYEsKUncCGxf1D2UxC mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The ACLU and 42 other organizations are calling on the city of San Francisco to drop its \u003ca href=\"http://ww2.kqed.org/news/2014/11/25/u-s-supreme-court-to-hear-san-francisco-case-on-police-disabled\" target=\"_blank\">appeal pending\u003c/a> before the U.S. Supreme Court regarding a 2008 officer-involved shooting of a woman with a diagnosed mental illness.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The City Attorney’s petition to the Court asks for an interpretation of the ADA that would leave people with psychiatric disabilities without the ability to require law enforcement to be reasonably responsive to their needs.' \u003ccite>Letter from disability rights advocates to Mayor Ed Lee and City Attorney Dennis Herrera\u003c/cite>\u003c/aside>\n\u003cp>The groups wrote an open letter (\u003ca href=\"#letter\">read below\u003c/a>) to Mayor Ed Lee and City Attorney Dennis Herrera on Jan. 8. Each member of the Board of Supervisors received a copy, as did San Francisco Police Chief Greg Suhr and Police Commission President Suzy Loftus.\u003c/p>\n\u003cp>San Francisco resident Teresa Sheehan, who is diagnosed with schizoaffective disorder, is suing San Francisco and the police department after the shooting left her severely injured. Her \u003ca href=\"http://www.scribd.com/doc/241408998/Teresa-Sheehan-Complaint\" target=\"_blank\">lawsuit \u003c/a>alleges the SFPD violated the Americans with Disabilities Act when officers used confrontational tactics despite knowing she was having a psychiatric crisis.\u003c/p>\n\u003cp>\u003cstrong>The Incident\u003c/strong>\u003c/p>\n\u003cp>On a summer day in 2008, SFPD officers Kimberly Reynolds and Katherine Holder responded to a social worker’s call about Sheehan’s behavior. Sheehan was living in a Mission District co-op for people with mental illness at the time. When the social worker went to check on her, she threatened him with a knife. When the officers arrived, she threatened to stab them, too, then shut the door to her apartment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The officers re-entered her room by force. She raised a knife, according to the \u003ca href=\"https://www.scribd.com/doc/241410111/SFPD-Report-on-Sheehan-OIS-12-8-2009\" target=\"_blank\">police report\u003c/a>. The officers shot her multiple times.\u003c/p>\n\u003cp>Sheehan was charged with assault. A jury cleared her, and she sued the city for violations of civil and disability rights.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/169983711&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/169983711'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Trial Pending\u003c/strong>\u003c/p>\n\u003cp>A district court initially ruled that Sheehan could not sue for violations of the Americans with Disabilities Act. Her attorneys appealed that decision, and last February, the 9th U.S. Circuit Court of Appeals \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/21/11-16401.pdf\" target=\"_blank\">reversed the district court's ruling\u003c/a>, saying the suit could move forward.\u003c/p>\n\u003cp>Among the issues remanded to the trial court by the 9th Circuit, disability advocacy groups are most in support of the ADA's application to interactions with law enforcement. From the 9th Circuit opinion:\u003c/p>\n\u003cblockquote>\u003cp>Turning to an issue of first impression, we join the majority of circuits that have addressed the issue and hold that Title II of the Americans with Disabilities Act applies to arrests. But we emphasize, as have those other circuits, that the exigencies surrounding police officers’ decisions in the field must be taken into account when assessing the reasonableness of the officers’ actions. We hold that, on the facts presented here, there is a triable issue whether the officers failed to reasonably accommodate Sheehan’s disability when they forced their way back into her room without taking her mental illness into account or employing generally accepted police practices for peaceably resolving a confrontation with a person with mental illness.\u003c/p>\u003c/blockquote>\n\u003cp>The holding that the ADA applies to arrests is law in the 9th Circuit, but Sheehan's civil trial is on hold while the city's appeal is before the Supreme Court. Oral arguments in the case are expected to be scheduled for late March or early April.\u003c/p>\n\u003cp>There are two questions before the Supreme Court: whether the ADA \"requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody,\" and whether the officers' second entry into Sheehan's apartment was unreasonable under the Forth Amendment \"by reason of the anticipated resistance of an armed and violent suspect within.\"\u003c/p>\n\u003cp>Deputy City Attorney Peter Keith is representing San Francisco in the case. He said the city agrees that the ADA should apply to arrests, but there is disagreement about what that means.\u003c/p>\n\u003cfigure id=\"attachment_10401680\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg\">\u003cimg class=\"size-thumbnail wp-image-10401680\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg\" alt=\"Teresa Sheehan (Courtesy of Frances Sheehan)\" width=\"400\" height=\"279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped-400x279.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/01/Teresa_Sheehan_photo-cropped.jpg 464w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Teresa Sheehan at Christmas dinner in 2014. (Courtesy of Frances Sheehan) \u003ccite>(Courtesy of Francis Sheehan)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"The officers on the scene made a reasonable judgment that Ms. Sheehan posed a significant risk to the safety of others,\" he said, \"and that's really what this case is about, the judgment that was made that day.\"\u003c/p>\n\u003cp>Keith said officers were concerned that Sheehan, who is overweight and physically disabled, might climb out a fire escape and pose a risk to public safety. Judges were skeptical of that point during oral arguments before the 9th Circuit.\u003c/p>\n\u003cp>Oakland civil rights attorney Ben Nisenbaum has represented Sheehan through her multiple trials. He now finds himself preparing arguments for the U.S. Supreme Court.\u003c/p>\n\u003cp>\"There's nothing about her that indicated she wanted anything other than to be left alone in her room,\" Nisenbaum said. \"This was not some young, spry criminal who was trying to flee, but unfortunately that seems to be the approach that was taken.\"\u003c/p>\n\u003cp>In a deposition, Officer Kimberly Reynolds said, \"I don't believe specifically that I can say I thought at that moment when I authorized and instructed Officer Holder to open the door about her psychiatric disability.\"\u003c/p>\n\u003cp>To Nisenbaum, the statement is huge.\u003c/p>\n\u003cp>\"How does she accommodate the disability? What thought did she give to it? What did she think is going to happen? Is [Sheehan] going to suddenly be a rational human being? Is she going to stop being sick?\"\u003c/p>\n\u003cp>\u003cstrong>SFPD Changes\u003c/strong>\u003c/p>\n\u003cp>The San Francisco Police Department declined KQED's request for an interview with Suhr.\u003c/p>\n\u003cp>The police chief took office in 2011, three years after the Sheehan shooting. He said at a recent town hall meeting that department policies regarding responses to people in psychiatric crisis have been updated to involve officers with specialized Crisis Intervention Training.\u003c/p>\n\u003cp>\"If the officers get there and realize that they have a person in crisis, which we train to, there is a directive that came out pretty much immediately after I became chief that they are to stand down and call for CIT officers and/or a hostage negotiator trained officer, which is one level above CIT,\" Suhr said.\u003c/p>\n\u003cp>SFPD now has 324 CIT-trained officers, according to a presentation Wednesday night at the city's police commission. That's 22 percent of the patrol force. Several more weeklong CIT trainings are being scheduled for 2015.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Recently, Lt. Mario Molina became the fourth person to head the department's CIT efforts in as many years. This CIT position is in addition to his duties as a swing-watch lieutenant at the Bayview station. He said the department is still working to coordinate with dispatchers on how to specify that a call should be responded to by officers specially trained to de-escalate psychiatric crises.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi signed the letter asking San Francisco to drop its appeal. He said the city has made huge strides in training officers in behavioral health, the use of nonlethal force and de-escalation.\u003c/p>\n\u003cp>\"Our concern is if the Supreme Court rules that police officers don't have to do this as a matter of law or are immune from a civil action, the result will be that police departments have very little incentive to train their officers properly,\" he said.\u003c/p>\n\u003cp>\u003cstrong>A Call to San Francisco\u003c/strong>\u003c/p>\n\u003cp>The letter to Mayor Ed Lee and Herrera says the appeal puts the ADA -- and San Francisco’s reputation as a leader in disability rights -- at risk.\u003c/p>\n\u003cp>“The City Attorney’s petition to the Court asks for an interpretation of the ADA that would leave people with psychiatric disabilities without the ability to require law enforcement to be reasonably responsive to their needs,” the letter reads.\u003c/p>\n\u003cp>It is signed by civil rights, mental illness and disabilities advocates, as well as medical associations, law firms and legal advocates. The letter cites statistics from a \u003ca href=\"http://ww2.kqed.org/news/2014/09/30/half-of-those-killed-by-san-francisco-police-are-mentally-ill\" target=\"_blank\">September KQED series\u003c/a> that found more than half of the people shot and killed by San Francisco police officers between 2005 and 2013 had a psychiatric disability that contributed to the incident.\u003c/p>\n\u003cp>The Mental Health Association of San Francisco is one of the signatories.\u003c/p>\n\u003cp>“[For] San Francisco to bring a case that looks like it’s specifically targeting and undermining the rights and dignity of people who already face so many types of discrimination is hugely problematic,” said Eduardo Vega, executive director of the Mental Health Association of San Francisco.\u003c/p>\n\u003cp>Neither the mayor nor any of the supervisors responded to KQED's requests for comment.\u003cbr>\n\u003ca name=\"letter\">\u003c/a>\u003cbr>\nRead the letter to Mayor Ed Lee and City Attorney Dennis Hererra below:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Supreme Court Ruling Paved Way for Release of SFPD Names in Nieto Killing",
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"content": "\u003cp>The San Francisco Police Department preempted a federal court order to publicly identify a sergeant and three officers involved in a fatal shooting last March, releasing the four names about 4:30 p.m. Friday afternoon instead of today, when a protective order was set to expire.\u003c/p>\n\u003cp>The department identified Sgt. Jason Sawyer and officers Roger Morse, Richard Schiff and Nathan Chew as the police officers who fatally shot 28-year-old Alejandro Nieto on March 21, 2014, in Bernal Heights Park. Police Chief Greg Suhr had said Nieto pointed a Taser stun gun at police responding to reports of a man with a gun, and officers believed he had a firearm.\u003c/p>\n\u003cp>“This is a victory,\" Nieto family friend and spokesman Ben Bac Sierra said. \"The attorney is now going to get the full police reports, witness statements. Depositions are going to be taken by everyone who was there at the killing.”\u003c/p>\n\u003cp>Nieto's family and supporters have long called for the identities of the shooting officers. Without a \u003ca href=\"http://ww2.kqed.org/news/2014/05/29/state-supreme-court-rules-for-more-transparency-in-police-shootings\" target=\"_blank\">state Supreme Court ruling\u003c/a> concerning a Long Beach officer-involved shooting, they'd likely still be waiting, according to legal experts.\u003c/p>\n\u003caside class=\"pullquote alignright\">'This would be one of the first cases, if not the first case, to test the ruling in the Long Beach case, especially in the context that we’ve seen this heightened sensitivity in these police shooting cases.'\u003ccite>David Levine,UC Hastings Law Professor\u003c/cite>\u003c/aside>\n\u003cp>The majority opinion in \u003ca href=\"https://www.scribd.com/doc/227096918/Long-Beach-Police-Officers-Association-v-City-of-Long-Beach-et-al-Los-Angeles-Times-Communications-Ruling\" target=\"_blank\">Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications)\u003c/a> narrowed exceptions to public disclosure of the names of officers involved in shootings, but not for every case. The decision was issued May 29, 2014, two months after Nieto was shot.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The Long Beach case essentially set out the parameters of when and how these names must be turned over,\" said attorney Adante Pointer, who is representing Nieto's parents in a federal \u003ca href=\"http://ww2.kqed.org/news/2014/08/22/Nieto-parents-sue-san-francisco/\" target=\"_blank\">civil rights lawsuit\u003c/a> against San Francisco and city Police Chief Greg Suhr. \"The Nieto case was potentially a case of first impression. This was going to interpret what constitutes a credible threat.\"\u003c/p>\n\u003cp>\u003cstrong>A Credible Threat\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court ruled that \"generally, the public has a right to know the identity of an officer involved in an on-duty shooting.\" But, the ruling says, \"We do not hold that the names of officers involved in shootings have to be disclosed in every case, regardless of the circumstances.\"\u003c/p>\n\u003cp>The circumstances involve what the Supreme Court majority calls \"particularized,\" or specific, evidence that \"it is essential to protect an officer's anonymity for safety reasons or for reasons peculiar to the officer's duties.\"\u003c/p>\n\u003cp>UC Hastings law Professor David Levine said there have been very few, if any, cases that have tested the disclosure requirements laid out in the Long Beach decision.\u003c/p>\n\u003cp>He said the Nieto case is \"one of the first cases, if not the first case, to test the ruling in the Long Beach case, especially in the context that we’ve seen this heightened sensitivity in these police shooting cases.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"cLoqlYPmos0DT9LHWLkkZhaA56fG2qxt\"]\u003c/p>\n\u003cp>That heightened sensitivity is not only to officer-involved shootings of suspects, Levine said, but is also affected by the slaying of two \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2014/12/26/373291959/wake-held-for-slain-nypd-officers\" target=\"_blank\">New York police officers\u003c/a> on Dec. 20.\u003c/p>\n\u003cp>SFPD and the San Francisco city attorney argued they had a \"particularized showing\" in the Nieto shooting that warranted keeping the officers' names secret. Suhr described a threat made against the involved officers on a \u003ca href=\"https://soundcloud.com/justice4alexnieto/chief-greg-suhr-11122014-on-1010am-hecho-en-california\" target=\"_blank\">Spanish/English radio program in November\u003c/a>.\u003c/p>\n\u003cp>\"There was a credible threat against the officers involved in the Alejandro Nieto tragedy,\" Suhr said. \"We believe he had the capability of carrying out his threats because he’s a violent person. We need to eliminate the chance that he can harm the officers, and then we can put the officers' names out.\"\u003c/p>\n\u003cp>Suhr said on the program that the threat was made \"almost immediately after the shooting took place.\" When pressed, Suhr said, \"Our information right now is that he’s not even in this country.\"\u003c/p>\n\u003cp>An SFPD spokesman confirmed via email today that \"it was a phone threat to the station directing the violence at the officers involved.\" The spokesman wrote that the suspect is still believed to be abroad.\u003c/p>\n\u003cp>\"How are you going to say these are credible threats when this person isn’t even in the damn country?\" Pointer said. \"If that’s the precedent, any whacko could make a threat, and the police could say this guy made a threat two years ago, and we don’t have to release the information.\"\u003c/p>\n\u003cp>\u003cstrong>Judge Rules for Plaintiffs\u003c/strong>\u003c/p>\n\u003cp>Magistrate Judge Nathanael Cousins ruled against the city and set Jan. 5 as the date a protective order blocking the release of the officers' names would expire.\u003c/p>\n\u003cp>\u003ca href=\"http://missionlocal.org/2014/12/court-says-city-must-reveal-officer-names-in-nieto-shooting/\" target=\"_blank\">Mission Local covered\u003c/a> the Dec. 22 discovery hearing:\u003c/p>\n\u003cblockquote>\u003cp>Cousins said that without a more straightforward timeline for the threats to be resolved, the anonymity could continue indefinitely, making it prudent to set a date for the protective order to expire since it limits the plaintiff’s ability to investigate the case.\u003c/p>\u003c/blockquote>\n\u003cp>Levine said in light of the Long Beach ruling, it'd be difficult to reach another conclusion.\u003c/p>\n\u003cp>\"The case comes down so strongly in favor of disclosure, I can see why the magistrate would reach that conclusion,\" he said. \"Unless you thought that it was both credible and imminent, meaning in a pretty short time frame, the values of disclosure that the Long Beach case expresses are going to outweigh the vagueness of a less credible threat. But if you’re wrong, and then the name is released, and within a relatively short period of time, we find ourselves with another officer murdered, that’s a really tough decision for a judge.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Sean McGrier contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Police Department preempted a federal court order to publicly identify a sergeant and three officers involved in a fatal shooting last March, releasing the four names about 4:30 p.m. Friday afternoon instead of today, when a protective order was set to expire.\u003c/p>\n\u003cp>The department identified Sgt. Jason Sawyer and officers Roger Morse, Richard Schiff and Nathan Chew as the police officers who fatally shot 28-year-old Alejandro Nieto on March 21, 2014, in Bernal Heights Park. Police Chief Greg Suhr had said Nieto pointed a Taser stun gun at police responding to reports of a man with a gun, and officers believed he had a firearm.\u003c/p>\n\u003cp>“This is a victory,\" Nieto family friend and spokesman Ben Bac Sierra said. \"The attorney is now going to get the full police reports, witness statements. Depositions are going to be taken by everyone who was there at the killing.”\u003c/p>\n\u003cp>Nieto's family and supporters have long called for the identities of the shooting officers. Without a \u003ca href=\"http://ww2.kqed.org/news/2014/05/29/state-supreme-court-rules-for-more-transparency-in-police-shootings\" target=\"_blank\">state Supreme Court ruling\u003c/a> concerning a Long Beach officer-involved shooting, they'd likely still be waiting, according to legal experts.\u003c/p>\n\u003caside class=\"pullquote alignright\">'This would be one of the first cases, if not the first case, to test the ruling in the Long Beach case, especially in the context that we’ve seen this heightened sensitivity in these police shooting cases.'\u003ccite>David Levine,UC Hastings Law Professor\u003c/cite>\u003c/aside>\n\u003cp>The majority opinion in \u003ca href=\"https://www.scribd.com/doc/227096918/Long-Beach-Police-Officers-Association-v-City-of-Long-Beach-et-al-Los-Angeles-Times-Communications-Ruling\" target=\"_blank\">Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications)\u003c/a> narrowed exceptions to public disclosure of the names of officers involved in shootings, but not for every case. The decision was issued May 29, 2014, two months after Nieto was shot.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The Long Beach case essentially set out the parameters of when and how these names must be turned over,\" said attorney Adante Pointer, who is representing Nieto's parents in a federal \u003ca href=\"http://ww2.kqed.org/news/2014/08/22/Nieto-parents-sue-san-francisco/\" target=\"_blank\">civil rights lawsuit\u003c/a> against San Francisco and city Police Chief Greg Suhr. \"The Nieto case was potentially a case of first impression. This was going to interpret what constitutes a credible threat.\"\u003c/p>\n\u003cp>\u003cstrong>A Credible Threat\u003c/strong>\u003c/p>\n\u003cp>The Supreme Court ruled that \"generally, the public has a right to know the identity of an officer involved in an on-duty shooting.\" But, the ruling says, \"We do not hold that the names of officers involved in shootings have to be disclosed in every case, regardless of the circumstances.\"\u003c/p>\n\u003cp>The circumstances involve what the Supreme Court majority calls \"particularized,\" or specific, evidence that \"it is essential to protect an officer's anonymity for safety reasons or for reasons peculiar to the officer's duties.\"\u003c/p>\n\u003cp>UC Hastings law Professor David Levine said there have been very few, if any, cases that have tested the disclosure requirements laid out in the Long Beach decision.\u003c/p>\n\u003cp>He said the Nieto case is \"one of the first cases, if not the first case, to test the ruling in the Long Beach case, especially in the context that we’ve seen this heightened sensitivity in these police shooting cases.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>That heightened sensitivity is not only to officer-involved shootings of suspects, Levine said, but is also affected by the slaying of two \u003ca href=\"http://www.npr.org/blogs/thetwo-way/2014/12/26/373291959/wake-held-for-slain-nypd-officers\" target=\"_blank\">New York police officers\u003c/a> on Dec. 20.\u003c/p>\n\u003cp>SFPD and the San Francisco city attorney argued they had a \"particularized showing\" in the Nieto shooting that warranted keeping the officers' names secret. Suhr described a threat made against the involved officers on a \u003ca href=\"https://soundcloud.com/justice4alexnieto/chief-greg-suhr-11122014-on-1010am-hecho-en-california\" target=\"_blank\">Spanish/English radio program in November\u003c/a>.\u003c/p>\n\u003cp>\"There was a credible threat against the officers involved in the Alejandro Nieto tragedy,\" Suhr said. \"We believe he had the capability of carrying out his threats because he’s a violent person. We need to eliminate the chance that he can harm the officers, and then we can put the officers' names out.\"\u003c/p>\n\u003cp>Suhr said on the program that the threat was made \"almost immediately after the shooting took place.\" When pressed, Suhr said, \"Our information right now is that he’s not even in this country.\"\u003c/p>\n\u003cp>An SFPD spokesman confirmed via email today that \"it was a phone threat to the station directing the violence at the officers involved.\" The spokesman wrote that the suspect is still believed to be abroad.\u003c/p>\n\u003cp>\"How are you going to say these are credible threats when this person isn’t even in the damn country?\" Pointer said. \"If that’s the precedent, any whacko could make a threat, and the police could say this guy made a threat two years ago, and we don’t have to release the information.\"\u003c/p>\n\u003cp>\u003cstrong>Judge Rules for Plaintiffs\u003c/strong>\u003c/p>\n\u003cp>Magistrate Judge Nathanael Cousins ruled against the city and set Jan. 5 as the date a protective order blocking the release of the officers' names would expire.\u003c/p>\n\u003cp>\u003ca href=\"http://missionlocal.org/2014/12/court-says-city-must-reveal-officer-names-in-nieto-shooting/\" target=\"_blank\">Mission Local covered\u003c/a> the Dec. 22 discovery hearing:\u003c/p>\n\u003cblockquote>\u003cp>Cousins said that without a more straightforward timeline for the threats to be resolved, the anonymity could continue indefinitely, making it prudent to set a date for the protective order to expire since it limits the plaintiff’s ability to investigate the case.\u003c/p>\u003c/blockquote>\n\u003cp>Levine said in light of the Long Beach ruling, it'd be difficult to reach another conclusion.\u003c/p>\n\u003cp>\"The case comes down so strongly in favor of disclosure, I can see why the magistrate would reach that conclusion,\" he said. \"Unless you thought that it was both credible and imminent, meaning in a pretty short time frame, the values of disclosure that the Long Beach case expresses are going to outweigh the vagueness of a less credible threat. But if you’re wrong, and then the name is released, and within a relatively short period of time, we find ourselves with another officer murdered, that’s a really tough decision for a judge.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Sean McGrier contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Trial Begins in Wrongful Death Suit Against Driver Who Killed Bicyclist",
"title": "Trial Begins in Wrongful Death Suit Against Driver Who Killed Bicyclist",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Amelie Le Moullac was riding her bike to Caltrain \"following all the rules of the road\" on the morning of Aug. 14, 2013, in San Francisco's South of Market district, when she was fatally struck by a 26,000-pound delivery truck whose driver made an unsafe right turn, the attorneys for the young woman's family argued in court Wednesday.\u003c/p>\n\u003cp>Gilberto Alcantar \"failed to follow all the rules of the road and crushed and killed Amelie Le Moullac,\" attorney William Veen told jurors at the start of a civil jury trial in the wrongful death lawsuit against the 47-year-old truck driver and the company he works for, Daylight Foods of Milpitas.\u003c/p>\n\u003cp>At first, police blamed Le Moullac, 24, for her death, but later faulted Alcantar after a San Francisco Bicycle Coalition staffer did some simple detective work and uncovered surveillance video of the crash, something the police had failed to check for. An attorney for Le Moullac's family has said it shows the truck making an unsafe lane change, overtaking the bike lane with Le Moullac in it.\u003c/p>\n\u003cp>Le Moullac's death and \u003ca href=\"http://ww2.kqed.org/news/2013/08/27/108647/\">the shoddy investigation by police \u003c/a>galvanized safe streets advocates, who demanded the San Francisco Police Department reform its procedures for handling collisions involving drivers and bicyclists and pedestrians. The advocates said it was typical of the way investigators handle these types of crashes, and explains why drivers are rarely charged.\u003c/p>\n\u003cp>Despite the video evidence, San Francisco prosecutors \u003ca href=\"http://ww2.kqed.org/news/2014/05/13/no-charges-for-driver-in-death-of-bicyclist-amelie-le-moullac\">declined to file charges\u003c/a>, saying it would be difficult to land a jury conviction for vehicular manslaughter. The attorneys for Le Moullac's family say the lawsuit is \"their last chance for justice.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In court, Veen said Le Moullac was wearing a helmet but her head was crushed and she was left bleeding in a crosswalk at the intersection of Folsom and Sixth streets.\u003c/p>\n\u003cp>A Muni driver passing the scene around 7 a.m. brought a bus full of passengers to a stop and rushed to Le Moullac's side. The driver, Anna Contreras, a former Army medic, fought tears on the witness stand as she described how she found Le Moullac unconscious and breathing shallowly.\u003c/p>\n\u003cp>Le Moullac was transported to San Francisco General Hospital, where she was pronounced dead at 8:20 a.m.\u003c/p>\n\u003cp>\u003cstrong>Driver's Conflicting Stories\u003c/strong>\u003c/p>\n\u003cp>Veen said Le Moullac was alert and \"doing everything within the law\" when she was riding her bike, heading to the Caltrain station at Fourth and King streets. He accused Alcantar of giving conflicting stories, and said he failed to change lanes safely -- as the law requires -- and, based on a witness account -- did not have a turn signal on.\u003c/p>\n\u003cp>Veen said Alcantar saw Le Moullac pedaling eastbound and passed her on Folsom Street, but later lost sight of her -- and without slowing down, turned right across the bike lane, southbound onto Sixth Street.\u003c/p>\n\u003cp>\"She didn't have a chance. It was unavoidable for her but very avoidable for Mr. Alcantar,\" said Veen.\u003c/p>\n\u003cp>Rather than dial 911, Veen said Alcantar stopped the truck and called his employer after running over Le Moullac while other people came to her side.\u003c/p>\n\u003cp>In his opening statements, Alcantar's attorney, Brent Anderson, alleged Le Moullac was wearing earbuds and was distracted. A photo displayed in court showed a piece of Le Moullac's helmet found at the scene tangled in what Alcantar's attorney said were earbuds.\u003c/p>\n\u003cp>That allegation was disputed by Contreras, the Muni driver, who testified the helmet was \"intact\" and Le Moullac did not have any buds in her ears.\u003c/p>\n\u003cp>Anderson claimed the truck slowed to 7 mph before turning onto Sixth Street, and that Alcantar did use his signal. He alleged Le Moullac was riding \"two times as fast\" and \"caught the truck and was passing it on the right while the truck was making a right.\"\u003c/p>\n\u003cp>\"Those were the choices that she made,\" Anderson told jurors. \"We think it is unfair to blame Mr. Alcantar for this accident.\"\u003c/p>\n\u003cp>Anderson said bicyclists have an \"obligation\" to pass on the left of a right-turning vehicle, which is good safety advice but not actually the law, according to \u003ca href=\"http://www.dmv.ca.gov/portal/dmv/detail/pubs/vctop/vc/d11/c3/a3/21755\">the California Vehicle Code\u003c/a>.\u003c/p>\n\u003cp>That same passing advice was \u003ca href=\"http://sf.streetsblog.org/2013/08/21/at-safe-streets-rally-sfpd-blocks-bike-lane-to-make-point-of-victim-blaming/\">told to bike advocates by an SFPD sergeant \u003c/a>who blocked the bike lane at a memorial for Le Moullac. The sergeant, who was later disciplined, had blamed Le Moullac and other cyclists who have been killed for their deaths.\u003c/p>\n\u003cp>The law says that bicyclists have the right-of-way in a bike lane, and right-turning drivers are \u003ca href=\"https://www.youtube.com/watch?v=agPJRSEuqw8\">supposed to safely merge into the bike lane\u003c/a> where the solid line becomes dashed, and yield to bicyclists.\u003c/p>\n\u003cp>Le Moullac's family filled one side of the small courtroom. Her mother and father wept at times. Veen described their daughter \"as the glue that held the family together.\" Alcantar, dressed in a black suit, sat on the opposite side.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The trial in San Francisco Superior Court is expected to last a few weeks.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Amelie Le Moullac was riding her bike to Caltrain \"following all the rules of the road\" on the morning of Aug. 14, 2013, in San Francisco's South of Market district, when she was fatally struck by a 26,000-pound delivery truck whose driver made an unsafe right turn, the attorneys for the young woman's family argued in court Wednesday.\u003c/p>\n\u003cp>Gilberto Alcantar \"failed to follow all the rules of the road and crushed and killed Amelie Le Moullac,\" attorney William Veen told jurors at the start of a civil jury trial in the wrongful death lawsuit against the 47-year-old truck driver and the company he works for, Daylight Foods of Milpitas.\u003c/p>\n\u003cp>At first, police blamed Le Moullac, 24, for her death, but later faulted Alcantar after a San Francisco Bicycle Coalition staffer did some simple detective work and uncovered surveillance video of the crash, something the police had failed to check for. An attorney for Le Moullac's family has said it shows the truck making an unsafe lane change, overtaking the bike lane with Le Moullac in it.\u003c/p>\n\u003cp>Le Moullac's death and \u003ca href=\"http://ww2.kqed.org/news/2013/08/27/108647/\">the shoddy investigation by police \u003c/a>galvanized safe streets advocates, who demanded the San Francisco Police Department reform its procedures for handling collisions involving drivers and bicyclists and pedestrians. The advocates said it was typical of the way investigators handle these types of crashes, and explains why drivers are rarely charged.\u003c/p>\n\u003cp>Despite the video evidence, San Francisco prosecutors \u003ca href=\"http://ww2.kqed.org/news/2014/05/13/no-charges-for-driver-in-death-of-bicyclist-amelie-le-moullac\">declined to file charges\u003c/a>, saying it would be difficult to land a jury conviction for vehicular manslaughter. The attorneys for Le Moullac's family say the lawsuit is \"their last chance for justice.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In court, Veen said Le Moullac was wearing a helmet but her head was crushed and she was left bleeding in a crosswalk at the intersection of Folsom and Sixth streets.\u003c/p>\n\u003cp>A Muni driver passing the scene around 7 a.m. brought a bus full of passengers to a stop and rushed to Le Moullac's side. The driver, Anna Contreras, a former Army medic, fought tears on the witness stand as she described how she found Le Moullac unconscious and breathing shallowly.\u003c/p>\n\u003cp>Le Moullac was transported to San Francisco General Hospital, where she was pronounced dead at 8:20 a.m.\u003c/p>\n\u003cp>\u003cstrong>Driver's Conflicting Stories\u003c/strong>\u003c/p>\n\u003cp>Veen said Le Moullac was alert and \"doing everything within the law\" when she was riding her bike, heading to the Caltrain station at Fourth and King streets. He accused Alcantar of giving conflicting stories, and said he failed to change lanes safely -- as the law requires -- and, based on a witness account -- did not have a turn signal on.\u003c/p>\n\u003cp>Veen said Alcantar saw Le Moullac pedaling eastbound and passed her on Folsom Street, but later lost sight of her -- and without slowing down, turned right across the bike lane, southbound onto Sixth Street.\u003c/p>\n\u003cp>\"She didn't have a chance. It was unavoidable for her but very avoidable for Mr. Alcantar,\" said Veen.\u003c/p>\n\u003cp>Rather than dial 911, Veen said Alcantar stopped the truck and called his employer after running over Le Moullac while other people came to her side.\u003c/p>\n\u003cp>In his opening statements, Alcantar's attorney, Brent Anderson, alleged Le Moullac was wearing earbuds and was distracted. A photo displayed in court showed a piece of Le Moullac's helmet found at the scene tangled in what Alcantar's attorney said were earbuds.\u003c/p>\n\u003cp>That allegation was disputed by Contreras, the Muni driver, who testified the helmet was \"intact\" and Le Moullac did not have any buds in her ears.\u003c/p>\n\u003cp>Anderson claimed the truck slowed to 7 mph before turning onto Sixth Street, and that Alcantar did use his signal. He alleged Le Moullac was riding \"two times as fast\" and \"caught the truck and was passing it on the right while the truck was making a right.\"\u003c/p>\n\u003cp>\"Those were the choices that she made,\" Anderson told jurors. \"We think it is unfair to blame Mr. Alcantar for this accident.\"\u003c/p>\n\u003cp>Anderson said bicyclists have an \"obligation\" to pass on the left of a right-turning vehicle, which is good safety advice but not actually the law, according to \u003ca href=\"http://www.dmv.ca.gov/portal/dmv/detail/pubs/vctop/vc/d11/c3/a3/21755\">the California Vehicle Code\u003c/a>.\u003c/p>\n\u003cp>That same passing advice was \u003ca href=\"http://sf.streetsblog.org/2013/08/21/at-safe-streets-rally-sfpd-blocks-bike-lane-to-make-point-of-victim-blaming/\">told to bike advocates by an SFPD sergeant \u003c/a>who blocked the bike lane at a memorial for Le Moullac. The sergeant, who was later disciplined, had blamed Le Moullac and other cyclists who have been killed for their deaths.\u003c/p>\n\u003cp>The law says that bicyclists have the right-of-way in a bike lane, and right-turning drivers are \u003ca href=\"https://www.youtube.com/watch?v=agPJRSEuqw8\">supposed to safely merge into the bike lane\u003c/a> where the solid line becomes dashed, and yield to bicyclists.\u003c/p>\n\u003cp>Le Moullac's family filled one side of the small courtroom. Her mother and father wept at times. Veen described their daughter \"as the glue that held the family together.\" Alcantar, dressed in a black suit, sat on the opposite side.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The trial in San Francisco Superior Court is expected to last a few weeks.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"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.",
"airtime": "SUN 2pm",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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"radiolab": {
"id": "radiolab",
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"snap-judgment": {
"id": "snap-judgment",
"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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},
"soldout": {
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