Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Gender Equality

Why I’m Running For DA

My friends’ first question is not why am I running for DA. The first question is “have you lost your mind?”  No, I have not lost my mind.  I know who I am and I know why I’m running.  So here it is.

No Police Accountability

Exhibit ACourt-Appointed-Investigators-Report-on-City-of Oakland’s Response to Allegations of Officer Sexual Misconduct.  This scathing report exposes the total lack of accountability we have in Alameda County for police misconduct. It is particularly disturbing because OPD is under a consent decree that requires the Criminal Investigation Division (CID) Commander to inform the DA of possible criminal conduct by officers. Yet, neither the City Attorney nor the District Attorney have taken any responsibility to enforce this provision of the Consent Decree. This persistent problem has cost our City millions of dollars.

Our DA says she had no knowledge of the investigation of police sexual exploitation going on right under her nose. The Court’s report verifies this claim. Nancy O’Malley had no idea that sex trafficking by the police was happening in Alameda County. It has been reported that two investigators in her office were part of the problem. She says she was completely unaware of the ongoing investigation until she read about it in the newspaper. To me, that is a gross dereliction of duty on her part.

When Officer Brendan O’Brien killed himself in September 2015 and left a note, he was still under suspicion of killing his wife. The question is why the DA did not ask “what’s in the suicide note?

Courtesy: Josh Edelson/AFP/Getty Images

The Court report leaves no doubt that various members of OPD, certainly including former Chief Sean Whent, the Internal Affairs Division and CID Commanders engaged in obstruction of justice. When asked if she intended to investigate anyone for obstruction of justice, DA O’Malley said flatly “no.” Surely, this is why OPD felt completely comfortable covering up these crimes. There simply is no history of accountability for police officers in Alameda County.

“Is this because I was little?”

The Court finds that OPD did not properly investigate because of “an implicit but evident bias against the victim.” The report says “put simply, CID and IAD wrote off this victim.” Regrettably, I observed a similar bias in the DA’s response. While our County’s female leaders did not come right out and blame the victim, no one acted like they gave a damn about Jasmine. It was as if her exploitation was not taken seriously. Ultimately, the DA left Jasmine to languish in a Florida jail for 17 days.

Sept. 9, 2016. (AP Photo/Terry Chea)

When DA O’Malley famously announced “I would charge these officers but I don’t have a witness,” Jasmine was facing a felony and 15 years in prison. She was tricked into going to Florida in the first place by the Richmond Police Department.

The fact is the Richmond police sent DA O’Malley’s star witness across the country. Richmond PD placed Jasmine in a situation where she was held against her will, assaulted and arrested because she wanted to come home.  If I were the DA, I would absolutely demand a thorough investigation of possible witness tampering. I would absolutely do everything in my power to hold whomever sent my witness to Florida accountable. More importantly, I would do everything in my power to bring her home. The same bias that OPD exhibited was obvious in the DA’s response to Jasmine’s incarceration in Florida – they wrote her off.

No Criminal Justice Reform

In 2014, Proposition 47 passed in Alameda County by almost 74% of the voters. We recognize that we cannot solve our problems by locking everyone up. DA O’Malley vigorously opposed Proposition 47.  She called it “a frightening fraud with irrevocable and far-reaching consequences.” How can we expect her to implement legislation she considers “a frightening fraud?”

In 2012, California voters passed realignment legislation to reduce the numbers of people in prisons and bring them home. The measure, Proposition 36, passed in Alameda County with 78.6% of the vote.  Yet, in 2016, DA O’Malley proposed to spend only $1.72 million of her $73 million budget on re-entry services.

In 2015, the DA’s office prosecuted almost 41,000 adults and 1001 juveniles.  Ninety-three percent (93%) of the adult cases reviewed for charging resulted in some type of prosecution. So, if you get arrested in Alameda County, there is a 93% chance that you will be prosecuted for something. In contrast, Homeless Court meets six times a year and helps about 300 people a year.

The vast majority of the prosecutions (59% – almost 29,000 cases) were for misdemeanor crimes. The misdemeanor numbers include thousands of women arrested for prostitution. In 2015, the Safety Net Program – a program to create a safety plan for at-risk and high-risk victims of commercial sexual exploitation – only reviewed 83 cases.

The New Jim Crow in Alameda County

In 2015, almost 1500 juvenile cases were presented to the DA. Of those 1,001 (67%) resulted in prosecutions. Felony arrests of African-American kids were a startling rate of 25 per 1,000 compared to 2.3 per 1,000 for White kids. Only 112 kids were referred to a restorative justice program. Only 80 kids participated in our Collaborative Mental Health Court. In 2014, Alameda was one of only 9 counties in the State where the DA only charged Black or Latino kids as adults. “The New Jim Crow” is alive and well in Alameda County.

Why We Have to Make A Change

We have got to change the picture of justice in Alameda County. The days when the DA can “talk the talk” and not “walk the walk” have to be over. As Adam Foss says, we need prosecutors who want to change lives, not ruin them. We need better public safety outcomes. Alameda County has the 4th highest homicide rate for young people (ages 10-24) in the State. Whatever she’s doing is not working.

Donald Trump and Jeff Sessions are about sending folks back to jail.  Since 2012, we have rejected that approach in Alameda County. We want to bring people home and rebuild families and restore our community. We want to end the horrendous racial divide that has infected our judicial system. We want to treat and teach our kids how to be kids. That’s how we need to spend our money – by investing in our people. We need Justice Done Right in Alameda County.

“Meet the Women You Don’t Know”

“Meet the Women You Don’t Know.”  With those words, most of us were introduced to the Black women who worked on NASA’s mission to send an American into orbit in space.  Thanks to Margot Lee Shetterly‘s research and writing, this year we learned the story of Katherine G. Johnson, Dorothy Vaughan and Mary Jackson.

Not just the three women profiled in the movie Hidden Figures, but dozens of Black women who defied sexism, racism and segregation to work at NASA in Hampton, Virginia. “Human computers” with extraordinary mental capacities.  Who Knew?

“We are the ones we have been waiting for”

The story of Black women standing up for freedom in America is filled with “hidden figures.” As I write the story of so many courageous women, I am reminded of June Jordan‘s iconic poem “We are the ones we have been waiting for.”

Susie King Taylor (1848-1912)

Susie King Taylor (1848-1912) was born a slave in Liberty County, Georgia. She learned how to read at secret schools taught by Black women. She escaped from slavery in 1862. Within days, Taylor began a lifetime of teaching other Blacks to read and write.

Between 1862 and 1866, Taylor served as a nurse with the 33rd United States Colored Infantry Regiment. She traveled the South with the regiment, teaching many Black soldiers to read and write. As a Black woman in the South during the Civil War, she was always in an incredibly dangerous position. Taylor was one of thousands of brave Black women who served in the Colored Infantry. She wrote a book about her experiences entitled “Reminiscences of My Life In Camp.”

After the Civil War, Taylor established independent schools throughout the South for former slaves and soldiers. In 1874, she relocated to Boston where she dedicated her later life to the Women’s Relief Corps, a national organization for female Civil War veterans. Taylor was a tireless advocate for all of the veterans of the Civil War.

Patricia Stephens Due (1939-2012)

Patricia Stephens Due (1939-2012) began fighting segregation at age 13 when she insisted on being served at the “white only” window of the local Dairy Queen, instead of the “colored” window in Quincy, Florida. She became a lifelong civil rights activist.

Due was a college student at Florida A&M University (FAMU) when she joined the Congress of Racial Equality (CORE) in 1959. She served in leadership roles in CORE and the NAACP fighting against segregation. She was also a union activist who helped organize healthcare workers.

In 1960, Due, her sister Priscilla Stephens and six other FAMU students spent 49 days in the nation’s first “jail-in.” They refused to pay a fine for sitting in a Woolworth’s “Whites Only” lunch counter in Tallahassee, Florida. The tear gas used against the protestors damaged Due’s eyes and she wore dark glasses for the rest of her life.

Due led one of the most dangerous voter registration efforts in the country in northern Florida in the 1960s. After the “jail-in,” she and other students who participated traveled the country in speaking tours to publicize the civil rights movement. In 1963, she married civil rights attorney John D. Due, Jr. They worked together for many decades to challenge injustices in Florida. Her FBI file was reportedly more than 400 pages. It was Patricia Due’s belief that “ordinary people can do extraordinary things.”

Thelma McWilliams Glass (1916-2012)

Thelma McWilliams Glass (1916-2012) was one of the early organizers of the Montgomery Bus Boycott in 1955. Glass, a graduate of Alabama State University and Columbia University, was the Secretary of the Women’s Political Council. Black women formed the Women’s Political Council at Alabama State College in Montgomery in 1946. It included teachers, social workers, nurses and the wives of Black professionals in Montgomery. Its focus was to end the humiliation inflicted on Blacks who rode public buses.

Following the victory in Brown v. Board of Education in 1954, the Women’s Political Council called for a boycott of the Montgomery bus system. Thelma Glass passed out fliers, spread the word in the community, drove and organized car-pools for people to get to work. That boycott became the modern “shot heard around the world.” Thousands participated and it inspired millions. Several Black women, inspired by the Women’s Political Council, refused to give up their seats to whites on buses in 1955 and got arrested. The NAACP chose to highlight the arrest of Rosa Parks, an NAACP secretary and activist for many years. The Montgomery bus boycott triggered the end of segregation in public accommodations and launched the public career of Rev. Dr. Martin Luther King.

In 2005, Thelma Glass remarked that “we didn’t have time to sit still and be scared.”

As I celebrate Women’s History Month 2017, inspired by these courageous sisters, I want us all to know that this is our history and “we are the ones we have been waiting for!

Losing Our Fire Chief

Losing Our Fire Chief

I can feel my temper rising as I read the headline “Oakland fire chief to retire.” The SF Chronicle labels Oakland Fire Chief Teresa Deloach Reed as “embattled.” The Chronicle says the Ghost Ship warehouse fire “raised questions about “management and inspection procedures in the Fire Department.” Did these “questions” lead to Chief Reed’s resignation? I doubt it. I think it’s more likely that the people doing the questioning were the ones who propelled her retirement.

Credit: Anda Chu/Bay Area News Group

Chief Reed came to Oakland as our Fire Chief in 2012. Her hiring made history. Reed began her career in 1986 in San Jose as a firefighter. She rose through the ranks there, serving as a Captain, Battalion Chief, Deputy Chief and Assistant Chief. Chief Reed served in San Jose for 23 years before she came to Oakland as our Chief. I met her in 2014 when she was honored as one of the Powerful Women of the Bay.

 

Chief Reed is one of the field’s pioneers. She is applauded as a change agent in a traditionally chauvinist and racist profession. Black women just began to break through the doors of the fire service in the 1980s. Toni McIntosh is reportedly the first Black woman to become a full-time firefighter in Pittsburgh, Pennsylvania in 1976. The first known Black woman to become a Fire Chief is Rosemary R. Cloud who became a Fire Chief in East Point, Georgia in 2002.

Questions In Oakland

It is no secret that the local firefighters union is opposed to Chief Reed’s leadership and wants her out. The “questions” that arose after the tragic Ghost Ship fire merely added fuel to an already challenging situation. Some think Chief Reed’s desire to crack the “old boys network” inside the department’s leadership was too timidly executed. Others believe the union should have been more supportive of her efforts to change the culture and priorities of the department. Many question if Chief Reed is unfairly blamed for management problems she inherited from previous administrations. Rumors even say that after the Ghost Ship fire, the Mayor ordered Chief Reed not to speak to the media.

While the Fire Department was hit with the heaviest cuts in 2009 – before Chief Reed arrived -— the mayor and city council have n0t attempted to rebuild it with the same zeal with which they’ve approached the police and other city agencies. For example, the Fire Prevention Bureau needs an assistant fire marshal to oversees its inspectors. The City Council froze funding for this position in October 2008. The Council did not restore funding for the position until 2014, according to budget records. The funding for a designated Fire Marshall was not approved until 2014.

Oakland Post editor, Paul Cobb, sounded the alarm last year that Chief Reed is being hung out to dry. “There are indications that Mayor Libby Schaaf and the city administration may be trying to set up the Fire Department and the fire chief” to take the blame for the Ghost Ship disaster, the Post said in its Dec. 8 edition. Her resignation leaves a big obvious hole in the leadership of our City. Chief Reed is the only Black woman to head up a major City department.

Women in Fire Service

I have a bit of experience dealing with the challenges faced by women in the fire service. My client, Donna Rayon-Terrell is the first female firefighter in the Contra Costa County Fire Department. As a Black woman starting in the fire service in 1989, she faced the challenges of sex and race. A native of Richmond, Donna is part of a powerhouse fire family. She and her brother, Marcus Rayon, attended the same fire academy in 1989. Her daughter Mandisa Banjoko followed in her footsteps and joined Contra Costa Fire. Donna and Mandisa are probably the only mother-daughter team to serve in a major fire department at the same time.

As a “pioneer” in Contra Costa, Donna was repeatedly subjected to mistreatment and intentional acts of harassment by her male co-workers. Numerous male firefighters did not want to work with her because she was a woman. Male co-workers and supervisors often subjected her to belittling comments. Her coworkers isolated her, preventing her from forming critical bonds with members of her firefighting team. This endangered her safety and theirs.  But Donna persisted as they tried to undermine her ability to be a successful firefighter. She overcame the racist and sexist culture to advance in her career. She held the rank of Captain when she retired in 2004.

Where Do We Go From Here?

How ironic that in Women’s History Month, we face the loss of a pioneering Black woman in Oakland. Black women are supposedly the hardest group to recruit into the fire service. Today, Contra Costa Fire has only 1 Black woman. The Richmond Fire Department has only 1 Black woman. While Oakland has a few more in its ranks, Chief Reed’s departure raises “questions” about what kind of opportunities other Black women will have in the future of this department. In my mind, those “questions” are just as important as any others.

 

Honoring Women In Politics

This week, I am honored to be recognized as the Woman of the Year for Assembly District 18 (AD18)!  AD18 Assemblymember Rob Bonta selected me. As a result, I am joined into a very special “Girl’s Club” of amazing women from all over California. My new Club includes nurses and doctors and teachers and students, unionists and entrepreneurs and many other professions where women are making history. On March 6th, the California Legislative Women’s Caucus held a day-long celebration in Sacramento for all the Women of the Year.

We all stand on the shoulders of powerful sisters who went before us, most notably, the “Shero” of American politics, Shirley Chisholm.

Unbought and Unbossed

Shirley Chisholm was the original “giraffe.”  She was not afraid to stick her neck out. By her courage and commitment to progress, we all advanced. She was the first Black woman ever elected to the U.S. Congress. in 1971, Chisholm was a founding member of both the Congressional Black Caucus as well as the National Women’s Political Caucus. Chisholm is the first black major-party candidate to run for President of the United States, in the 1972 U.S. presidential election.  She is also the first woman ever to run for the Democratic Party’s presidential nomination.

According to her World Biography, Chisholm became politically active with the Democratic Party in the 1940s.  She quickly developed a reputation as a person who challenged the traditional roles of women, African Americans, and the poor.  After a successful career as a teacher, Chisholm decided to run for the New York State Assembly.  She served in the State Assembly until 1968, when she decided to run for the U.S. Congress.  During the Vietnam War, Chisholm protested the amount of money being spent for the defense budget while social programs suffered.

Chisholm was a strong supporter of women’s rights. Early in her career as a congresswoman, she supported a woman’s right to choose. She spoke out against traditional roles for women professionals (including secretaries, teachers, and librarians).  She argued that women were capable of entering many other professions. Black women especially, she felt, had been pushed into stereotypical roles, or conventional professions, such as maids and nannies.

Shirley Chisholm reported that “When I ran for the Congress, when I ran for president, I met more discrimination as a woman than for being black. Men are men.” In particular, she expressed frustration about the “black matriarch thing,” saying, “They think I am trying to take power from them. The black man must step forward, but that doesn’t mean the black woman must step back.”

Black Women In Politics Today

Black women have always stepped up in the Democratic Party. Donna Brazile, a Black woman from New Orleans just completed her term as the Acting Chair of the DNC.  Moreover, Kimberly Ellis is a Black woman making a serious bid to become the Chair of the California Democratic Party in 2017.

 

 

Former Ohio Senator Nina Turner was one of the most visible and effective surrogates for Senator Bernie Sanders. She is an accomplished advocate for social justice in her own right. After the Democratic Party rejected (and disrespected) Bernie Sanders, there was an effort to draft Sen. Turner to run for Vice-President on the Green Party ticket or for Ohio Governor.

Our own Congresswoman Barbara Lee is one of the most respected and effective representatives this country has ever seen. It has always been my joy and honor to say “Barbara Lee Speaks for Me!”

We’ve Come A Long Way Baby

I am humbled and inspired to represent AD18 on the Democratic Party Central Committee. We now all know that it is an important time to serve in our local Democratic Party.  I feel blessed to have found my way into the middle of the fray!

Many years ago, there was a commercial that tickled my father, David Price. I can still hear him saying “you’ve come a long way baby” with a big grin.  Dad was the father of two daughters and the brother of 5 sisters.  He was proud of the advances made by women in his lifetime.

On Monday, March 6th, I walked with 79 other amazing women through another door into history. As I walk forward, I know that my Lord has brought me “from a mighty long way.”  As I continue to grow as a leader, I know that “to whom much is given, much is required.”

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