Pamela Y. Price, Attorney at Law

Category: Gender Equality Page 1 of 2

A Double Survivor

October Is Domestic Violence Awareness Month and Pamela Price will be the first domestic violence survivor elected to serve as Alameda County District Attorney
October Is Domestic VIolence Awareness Month

October is Domestic Violence Awareness Month. (#WeAreResilient) Gabby Petito’s disappearance, search and painful death has captured the national spotlight. Domestic violence cuts across all cultural, economic, racial and gender divisions. One in three women worldwide experience physical or sexual violence, mostly by an intimate partner.

The body cam footage of the police response to a report of domestic violence involving Gabby was very revealing. Instead of approaching Gabby as a victim of domestic violence, the police threatened her with jail time. She went from victim to criminal in an instant. Their rush to dismiss her as a victim of domestic violence and criminalize her apparently cost Gabby her life. I too understand how surviving domestic violence can be criminalized because I am what I call “a double survivor.”

A Double Survivor

In 1981, I found myself in an abusive relationship with the father of my only child. My baby was only 2 months old when our situation imploded. I was living alone with our child, and the father kept threatening me and my baby. Often he showed up unannounced at the Albany Village where I lived. Despite my multiple calls to the police, he kept showing up. They never arrested him. He broke into my house; they cited and released him. On August 20, 1981, when he showed up and threatened me, I called the police again. This time, the police decided to give my 2 month-old still nursing baby to her father and let him take her away. When I objected, I was arrested in my own home for “fighting in public” and interfering with a police officer or “resisting arrest.”

I was fortunate because I knew lawyers who supported me on my journey. My boss defended me “pro bono.” When I refused to “take a deal”, I went to trial and was acquitted by the jury. It was a frightening and humiliating experience. I survived both the domestic violence in my home and the overzealous Alameda County prosecutors who wanted to destroy my life. Obviously I was a Black woman who did not know her place. I am a double survivor.

A Lens of Life Experience

That experience certainly informs and shapes the lens through which I view domestic violence and the administration of justice in this kind of case. When I am elected in June 2022, I will be the first domestic violence survivor to ever serve as Alameda County District Attorney. As a survivor of domestic violence, I am deeply aware of and sensitive to the needs of survivors. I take these issues very seriously. When dealing with such cases, I will always prioritize the safety, needs, and desires of survivors (and children, if they are involved) and seek long term solutions that will keep families and communities safe.

I am fully committed to addressing violence in our community, including the literally hundreds of crimes labeled as “domestic violence.” Intimate violence cases that result in bodily harm or injury, which include elder abuse, family violence and intimate partner violence, will be prosecuted as appropriate. I will use the full force of the law and the resources of the DA’s office to protect everyone subjected to intimate partner violence, and hold those who engage in unlawful acts of violence and intimidation accountable to their loved ones and the community.

In New York City and other jurisdictions, practitioners, courts, district attorneys and advocates have developed a comprehensive approach for abusive partner intervention. They provide services for people who cause harm as a central part of their work to support survivors, foster healthy relationships and communities, and end violence. We know that “hurt people hurt people.” A restorative justice approach may be more effective in holding offenders accountable while increasing survivor satisfaction and keeping communities safer. This approach is what we hope to bring to Alameda County.

A New Vision for Justice

Alameda County also needs to prioritize spending to protect survivors and not treat them like criminals. I recognize that a woman has a right to defend herself and her children. We need to completely re-focus peace officers in their response to survivors and witnesses of violence in our community. We need to address gang and gun violence and their role in domestic violence in our communities. I will work with the Court and our public health services and other stakeholders to establish a specialized domestic violence court that uses a holistic strategy to both address and prevent domestic violence. We must be vigilant to not make anyone else “a double survivor” of our criminal justice system.

Since COVID-19, violence against women and girls, particularly domestic violence, has intensified. COVID-19 has forced survivors of domestic violence to choose between staying with an abuser or living on the streets. In Alameda County, 26% of homeless families with children said domestic violence was the primary reason they lost their housing. And during this pandemic, there has been a wide-spread shortage of beds in homes and shelters. Oakland’s Serenity House provides housing and services for women fleeing domestic violence. Its Director reports a six-fold increase since COVID-19.

Meanwhile, despite the glare of the media attention for Gabby, thousands of “missing” women and girls of color go without media attention. In 2019, a staggering 5,590 Native American women were reported missing. And instead of actually covering these missing cases – the conversation has shifted to the inequity of media coverage. That is an important point to make. Still we cannot lost sight of the fundamental problem: too many women are subjected to violence in the world. Black, Brown and indigenous women are especially vulnerable to being criminalized if they try to protect themselves or their children. Women are too often not believed, or not “deemed worthy” of time or services.

“It’s a long time coming” – 40 years for me – but change is coming to Alameda County.

Mayor Pete Is Not the One

Alfred E. Neumann for President, Mad Magazine (December 1956) bears uncanny resemblance to South Bend Indiana Mayor Pete.
Alfred E. Neuman for President, Mad Magazine, December 1956

In 2019, the number of people running for President was overwhelming. The running joke of any politician was “I’m not running for President.” Of all the candidates who survived 2019, Mayor Pete is not The One.

First, let me disclose. I am an ardent supporter of Sen. Bernie Sanders. I committed early to support Sen. Sanders because I believe that he is the person in the presidential race whose agenda is most closely aligned with the values of Rev. Dr. Martin Luther King Jr.

Now let me speak my truth.

A Double Standard

Mayor Pete is the Mayor of South Bend Indiana. South Bend is an American city with a population of roughly 100,000 people. He was elected as Mayor for a second term in November 2015. Voter turnout was a low 14%. Mayor Pete was elected with a whopping total of 8,515 votes.

Compare Mayor Pete’s victory with the recent wins of Black women Mayors. In 2019, there were only 5 Black women Mayors in cities with a population of over 500,000.00. Topping the list is Lori Lightfoot, who was elected Chicago Mayor with 364,965 votes. The remaining four big City Black women Mayors include London Breed in San Francisco, Vi Lyles in Charlotte, NC, Muriel Bowser in DC, and Catherine Pugh in Baltimore. Breed won in the hotly contested 2018 special election with 89,580 votes. She won in the 2019 general election with 125,200 votes. Vi Lyles won her first race for Mayor in 2017 with 72,073 votes. Murial Bowser was elected to her first term as DC Mayor in 2014 with 96,666 votes. Catherine Pugh won her election in 2016 with 134,848 votes.

The next 4 Black women Mayors of major cities with populations of way more than 100,000 people include Atlanta (Keisha Lance Bottoms), New Orleans (Latoya Cantrell), Baton Rouge (Sharon Weston Broome) and Rochester (Lovely Warren). My point is, had any one of these accomplished Black women jumped up and announced she was running for President, she would not have made it past the first round of the Democratic Party chopping block. And we would still be laughing.

When placed in the context of women Mayors of color, Mayor Pete’s candidacy is an outright insult to Black women. But wait, there’s more.

Buttigieg: “I’m Not Asking For Your Vote”

Mayor Pete’s tenure as Mayor of South Bend since 2011 has been a disaster for Black folks there. According to a 2017 city study, two in five African Americans in South Bend live below the poverty line, which is almost double the national poverty rate for African American households. In a city that’s 27% black and 15% Latino, 90% of South Bend’s police officers are white.

Tiana Batiste Waddell speaks during a meeting with police and Mayor Pete.
Photograph: Robert Franklin/AP

In June 2019, on Father’s Day, a white policeman shot and killed 56-year-old Eric Logan. The officer claims that Mr. Logan attacked him with a knife but the officer did not turn on his bodycam. The family says Mr. Logan had no history of violence or thievery and he did not match the description of the suspect. A lawsuit is pending.

In August 2016, in a case of mistaken identity, South Bend officers burst into the home of a Black family, beat 17-year-old DeShawn Franklin out of his bed and tased him with a stun gun. Police went to the wrong house and mistook DeShawn for a domestic battery suspect. A federal jury found the police had violated DeShawn’s constitutional rights, but only awarded DeShawn and his parents $18.00 in damages. The lawyer who represented the family was expected to pay the City’s legal fees.

An exchange with Mayor Pete and Black activists in South Bend protesting Eric Logan’s murder says it all. In a video that went viral on Twitter last summer, Mayor Pete makes the arrogant statement “I’m not asking for your vote.” The quick response from a Black woman is “You ain’t gonna get it either.” Please check out the video.

Buttigieg Cannot Win Without Black Voters

In a January 2020 poll of Black voters, Mayor Pete holds steady at 3%. That same poll shows him with a strongly favorable rating of only 6% among all the Democratic candidates. Only Amy Klobuchar scored lower on that measure with 4%.

Nonetheless, if Mayor Pete thinks he can win the nomination or the Presidency without significant support from Black voters, then he is really stupid. Or racist. Or both?

Mayor Pete’s donor base of affluent white gay men laid the foundation for him to run his race. His wealthy LGBT backers come from Hollywood, Wall Street, Silicon Valley and other industries, as well as the political elites, many of them billionaires. His campaign stayed alive in 2020 when more seasoned political players like New York Mayor Bill de Blasio, and Senators Kamala Harris and Cory Booker could not.

Still, the most reliable voters in the Democratic Party are Black women. And quite frankly, some of us think it’s absolutely ridiculous that Mayor Pete thinks he can actually be our President. In the words of one wise girlfriend, “honey, this is no time for new booty.”

Will somebody please tell Mayor Pete that he is not “The One.”

Kamala Is Not “The One”

Sen. Kamala Harris Illustration
Illustration by Tyler Comrie; Source Photograph by Al Drago / Getty

This is a love letter to Black women: Kamala is Not “The One.”

Many Black women across the US are quite disturbed in the days since Kamala Harris dropped out of the Presidential race. Some Black women are even devastated by her decision. Others are crying “foul” and shame on the Democratic Party. I’m writing to you because your anguished despair about Kamala troubles me.

I am a Black woman who has been on the front lines of the fight for civil and human rights for more than 50 years. Anyone who knows me knows that I am a strident advocate for the leadership of Black women. I know how transformative our leadership can be. My favorite hashtag is #BlackWomenLead.

Full Disclosure

First, let me disclose. I am an ardent supporter of Sen. Bernie Sanders. I committed early to support Sen. Sanders because I believe that he is the person in the presidential race whose agenda is most closely aligned with the values of Rev. Dr. Martin Luther King.

Second, once upon a time, a long time ago, I supported Kamala Harris. I “maxed out” financially in the primary for her first Senate race. We were all so excited about electing a Black woman to the US Senate. And, when she ran for California Attorney General, some of my closest friends told me they felt that Kamala was “The One.”

As the Political Director for a local chapter of Black Women Organized for Political Action (BWOPA) and a member of the statewide BWOPA Board, I helped raise tens of thousands of dollars to elect Kamala to the Senate. Our statewide President, Dezie Woods-Jones, declared early that we would support Kamala and raise money for her. And if you know Dezie who is a force of nature herself, you do not tell Dezie “No.”

I did, however, share with Dezie and my BWOPA sisters, that I had serious misgivings about Kamala. And I had to defend my decision to support Kamala with those who knew that she had even then, betrayed us as Attorney General.

The Betrayal of Black Women

In California politics, with very few exceptions, Kamala has not supported progressive Black women running for office. In 2017 and again, in 2019, we fought to elect Kimberly Ellis as the Chairwoman of the California Democratic Party. Kamala did not support Kimberly Ellis in 2017 or 2019.

In 2018, 2 Black women ran for Oakland Mayor. Kamala did not support either one of us. In the 2018 race for Assembly District 15 to represent Oakland, Berkeley, Richmond and West Contra Costa County, there were 3 Black women running for State Assembly. Kamala did not support any of them. As a result, today, there are no Black representatives from the Bay Area in the California Legislature.

In three local races in 2018, Oakland Mayor, Assembly District 15 and Alameda County District Attorney, Kamala provided major support for all of the white women who won.

Kamala Supported Racist Prosecutions

Kamala’s prominent support for the incumbent Alameda County DA in 2018 is the most shocking. The incumbent DA’s record on racially-biased prosecutions is abysmal. I ran for DA in response to the complete lack of police accountability and the glaring racial injustices that have devastated Alameda County for decades. The racial disparities in arrests and prosecutions for both adults and juveniles, in Oakland, in particular, are well documented.

The white woman who was re-elected has never been held to account for her old-school “good ole boy” brand of justice. She supports money bail, rejects gun violence reduction strategies, endorses Republicans and refuses to investigate or prosecute corrupt cops. Kamala did not ever respond to our requests for a meeting. According to BWOPA President Dezie, Kamala did not even return her calls.

Kamala’s Silence Is Complicity

Former California Senator Holly Mitchell is the most powerful compassionate inspiring Black woman to grace the California Legislature in decades. For more than a decade, Sen. Mitchell worked tirelessly with civil and human rights advocates to heal and restore our communities from the devastation caused by our racist and broken criminal justice system. Kamala Harris was silent on most of the groundbreaking criminal justice legislation sponsored by Sen. Mitchell. While Senator Holly Mitchell fought like a champion to repeal California’s unjust criminal penalty laws, Kamala stood silently on the sidelines.

In 2015, when Assemblymember Kevin McCarthy introduced AB86, a bill to make California the first state in the nation to have its top law enforcement officer independently investigate deaths in police custody, Kamala actually opposed the legislation. Under the plan, the state attorney general would appoint a special prosecutor to direct an investigation whenever the police kill a civilian. Several other states, including New York, have since adopted this policy.

Gwen Woods, Mother of Mario Woods
Gwen Woods, mother of Mario Woods. Credit: ABC News

In 2016, the Black community in San Francisco was incensed about a series of police killings of unarmed Black and Brown residents, including Mario Woods. In a series of community meetings, Kamala’s most loyal supporters called upon her to do exactly what AB86 called for – convene an independent investigation of the Woods shooting. Kamala rejected their appeals and stood by silently on the sidelines of the controversy. I shall never forget my complete shock when I learned that Kamala refused to meet with Gwen Woods, Mario Woods‘ mother.

Kamala Did Not Support Sexual Assault Survivors

From 2003 to 2016, I represented dozens of women employees in the California Department of Corrections sexually harassed at work. In one case with 10 women, two of my co-counsel were staunch Kamala supporters. When Kamala became Attorney General (with our help), my co-counsel thought Kamala would stand up for our clients. She did not. We had our clients write to her directly describing their pain and injuries. Kamala turned their letters over to the lawyers in her office defending the case. Those lawyers used the letters to ridicule our clients.

By 2015, three of those cases had been dismissed and one of our clients had committed suicide. We settled most of the remaining cases in 2015 for almost $2.8 million. The estate of Judy Longo – the woman who committed suicide – received a mere $250,000, largely because Judy was not alive to say what happened to her. The lead plaintiff Martha Berndt lost her case at trial. The case was weakened by the passage of time (13 years) and our assignment to an incredibly sexist trial judge. Kamala stood by silently as these brave women suffered years of unnecessary and cruel litigation.

In August 2016, a coalition of community organizations that I worked with called upon Kamala to convene an independent investigation of the Bay Area police sex trafficking ring. Seven (7) law enforcement agencies were implicated in sex trafficking of a minor. When the young woman at the center of the police misconduct was spirited away in the dead of night by the Richmond Police to Florida and incarcerated on felony charges there, Kamala rejected our appeals to get involved. Later, as criminal cases against the police sexual predators were either never brought or quickly dismissed, Kamala stood by silently.

Kamala Harris and Hillary Clinton
Sen. Kamala Harris Dubbed “Hillary 2.0” Credit: Washington Examiner

Her Campaign Was Not Well-Conceived

When Kamala Harris entered the presidential race, she certainly assumed that all Black women would support her. She thought we would forget the many times she betrayed us. When Kamala hired Hillary Clinton’s campaign staff to work in her Senate office in 2017, she likely believed that Hillary’s supporters would flock to her. She did not anticipate that many of the white women who supported Hillary would abandon her to support Sen. Elizabeth Warren.

Kamala’s calculation that voters and donors would choose her, a first term junior senator, over her more seasoned and senior Senate colleagues, including Sen. Bernie Sanders (12 years), Sen. Amy Klobuchar (12 years), Sen. Cory Booker (6 years) and Sen. Elizabeth Warren (6 years) was obviously a huge miscalculation.

Kamala Is Not “The One”

This is a love letter to Black women. Kamala Harris Is Not “The One.” Especially for my sisters and brothers who are in despair because Kamala withdrew from the presidential race, please know that Kamala Harris was not with us nor for us. It is critical that we learn to “watch what they do, not what they say.”

I hope I live to see the first Black woman President. I know that she will be a woman with the courage of her convictions and the compassion of a queen. #BlackWomenLead

Pelosi v. The People

Nancy Pelosi’s Purple Manolo heels, Pride Day SF 2019.
Credit Jim Wilson/The New York Times

OMG, I love those shoes. Too bad, Nancy Pelosi stepped in so much SH-T wearing these beautiful purple shoes. These are the shoes Pelosi was wearing the day she trashed the Squad in an interview with NY Times Reporter, Maureen Dowd.

On July 6, 2019, Pelosi dissed the Squad big time. According to Pelosi, “All these people have their public whatever and their Twitter world, but they didn’t have any following. They’re four people and that’s how many votes they got.”

What triggered Pelosi was the Squad’s courageous opposition to a Senate bill to fund Trump’s concentration camps. Pelosi rejected the Squad’s call for stronger protections for migrant children in the overcrowded border shelters and passed the bill. She clearly capitulated to Trump and Mitch McConnell. No doubt, she was embarrassed by the national news coverage of “her striking defeat” and the Squad’s public exposure of the conditions in the camps.

I think the story that really pissed Pelosi off, though, was the Huff Post article: “What The Hell is Nancy Pelosi Doing?”

The Tip of the Iceberg

Unfortunately, Nancy’s nasty step in those awesome purple shoes was not the first attack on the Squad. It started in January with Ilhan Omar and the Congressional attempts to censure her. Then, Pelosi and the Democratic leadership aligned with Trump to suppress any suggestion that Israel’s racist oppression of the Palestinian people might become part of the conversation in Washington. As VOX pointed out, Omar’s defenders “argued that she [was] being attacked in bad faith as a Muslim woman of color who dares to criticize Israel.” We all know it is absolute heresy in Washington to criticize Israel. We all know that Israel is “the largest cumulative recipient of U.S. foreign assistance since World War II.” Right? Rep. Omar apparently did not get the memo.

It appears that the Democrats are intent on taking down each member of the Squad, including Omar, AOC, Rashida Tlaib and Ayanna Pressley. The party machine is highly upset that AOC took out Rep. Joe Crowley. The Congressional Black Caucus (CBC) is still likely embarrassed that it supported the white man that Ayanna Pressley defeated last summer. He was another long-serving Democratic incumbent who the people booted out. Pressley’s comment about “black faces that don’t want to be a black voice” probably hit a little too close to home for some long-serving CBC members.

Let’s face it – these are some badass sisters who are all about kicking a** and taking names. These upstart youngsters are clearly making more positive news than Pelosi has in decades. And, they are rallying the Democratic base in ways that she never has. This is not how Washington is supposed to work. Hence the backlash.

Pelosi v. The People

What is really disturbing, however, about Pelosi’s attacks are that she had to know she was in essence “colluding” with Trump. He is rabidly xenophobic, racist and sexist. Pelosi opened the door for Trump to attack the Squad. She facilitated it in February and had to know it would be repeated in July. Every member of the Squad has received death threats. Pelosi’s rebuke of Trump in more recent days does little to assuage the perception that Pelosi is “in bed” with the Republicans.

Notably, the sisters in the Squad were not the only ones that called out the Dems’ complicity with Trump. The Congressional Hispanic Caucus calls the measure “a betrayal of our American values.” It warned Pelosi that “[W]hat happened today is unacceptable, and we will not forget this betrayal.” The 90-member Congressional Progressive Caucus also issued a scatching rebuke of Pelosi’s work to pass the bill. So, it turns out that Pelosi’s attempt to isolate the Squad as outliers is neither appropriate nor accurate.

The Wrong Answer

“If the left doesn’t think I’m left enough, so be it, she said, breezily” to Maureen Dowd.  Well, Ms. Pelosi, that’s the wrong answer. Right now, the Democratic Party is in crisis because the old guard is too dismissive of bold progressives like the Squad. Like our own Barbara Lee.

Senate Minority Leader Chuck Schumer, House Minority Leader Nancy Pelosi, Hakeem
Jeffries and Barbara Lee at a press conference on April 28, 2017.
Photo: Chip Somodevilla/Getty Images

We have not forgotten that Rep. Barbara Lee should have been the first Black woman to hold a leadership position as the Chair of the Democratic Caucus. Instead, Congressional Democrats selected Rep. Hakeem Jeffries, an advocate for charter schools and admirer of Ronald Reagan. Pelosi’s decision to create a new position for Lee does not make it any less insulting to Black women that we are not considered “good enuf” to lead.

Pelosi’s actions to prevent Trump’s impeachment this year brought to mind Abraham Lincoln. Historians concede that Lincoln’s main goal was not to free the slaves but to maintain the union at all costs. In fact, Lincoln was prepared to protect slavery in order to maintain the nation. It seems that Pelosi is willing to accept violations of our moral and/or constitutional standards to maintain unity in Congress at all costs. Like Lincoln, I imagine that her efforts will fail.

Is Pelosi The Next Joe Crowley?

Congressional Democrats are feeling very threatened, for good reason. In most places, Democratic incumbents are selected by the party machine, and not by the people. As I noted last year, their “elections do not rest on the power of the people – their elections are assured by the power of incumbency.” Hence, Pelosi v. The People is a real statement as the progressive movement reflects the sentiments of local activists not aligned with the Democratic Party.

Here, at home, Pelosi faces an authentic challenger in Shahid Buttar. He is an immigrant of Pakistani descent and a Stanford-educated lawyer. Shahid is an activist for LGBTQ rights, sane environmental policies, immigrant rights, campaign reform and the peace and Occupy movements. His well-written Op-Ed piece on why Trump should be impeached has been widely publicized.

This is his second challenge to Pelosi’s seat. Last time, he started late, came from nowhere and got less than 10% of the vote. This time, if the Republicans run a candidate, he might survive the primary.

Pelosi currently appears invincible in her SF District. If she continues to step in sh-t, that could change. Even if she does it in those beautiful purple (and very expensive) shoes. STAY WOKE!

Biden’s Baggage

Credit: Rex/Shutterstock

I started writing Biden’s Baggage weeks ago. At the time, there seemed to be just a trickle of information about his record on issues that are pivotal in this election. Issues of endless wars, mass incarceration and criminal justice reform, race and gender equality are all in play in the 2020 Presidential election. Suddenly, what was a trickle of bad news for Biden became an avalanche.

At the first televised Democratic debate, Biden did little to stem the tide of bad press. He seemed to fumble his answers on his 2002 Iraq war vote. He could not defend his opposition to integration and cozy relationships with segregationists. Three issues not even addressed in the debate are Biden’s leadership in creating mass incarceration, his inconsistent support for a woman’s right to choose and his dastardly treatment of Professor Anita Hill.

Why Are We Here?

This is Joe Biden’s third run for President. He first ran in 1988 and dropped out in disgrace after being accused of multiples instances of plagarism. Biden ran again in 2008 and dropped out after the Iowa Caucus. He won less than 1% of the delegates there. According to the Washington Post, it was a year in which voters said they were seeking change and Biden “struck Iowans as a little too familiar, fixtures of a Washington establishment that had grown stale from years of gridlock and partisan infighting.”

Joe Biden’s current cache stems solely from his role as Vice President to Barack Hussein Obama. But let’s be clear: Obama’s candidacy was so extraordinary and inspiring, we could care less who he picked as his Vice President. President Obama had a blank check. He could have written in Bozo the Clown and we would have said okay. Certainly Biden did not disappoint as the Vice President. But make no mistake about it: Barack and Michelle Obama excelled as the first couple and they didn’t need Joe Biden to do it.

Too Much to Overcome?

To be fair, Joe Biden is known as an ardent advocate for middle class America and the rights of workers. Since 2015, he has supported the ideas of free college and $15 hour/minimum wage. He introduced the first-ever climate bill in 1986 and understands that climate change is an existential threat to our future.

Still, while Joe Biden wants to talk about his achievements as Vice President, he has all this baggage. Indeed, the rest of us are looking at his record in the U.S. Senate. Biden voted for the Iraq war in 2002. Some consider that vote his “blackest mark” in his foreign policy past, and an “Achilles’ heel” of his candidacy. Based on blatant lies about “weapons of mass destruction,” the war cost us more than a trillion dollars and plunged Iraq into a devastating civil war. Biden apparently knew it was a lie but went with it anyway.

The Author of Mass Incarceration

Joe Biden has a long record of leadership creating the mass incarceration that continues to decimate Black and Brown communities. Over a 10-year period, Biden wrote multiple “measures to increase incarceration and prisons. He advocated for tougher prison sentences for drug offenses, particularly crack cocaine, despite its inherent racist impact.

In 1984, Biden worked with racist segregationist hero Sen. Strom Thurmond to expand federal drug trafficking penalties and civil asset forfeiture. Biden wrote and sponsored the 1986 crime bill that created sentencing disparity between crack cocaine and powder cocaine. In 1989, he delivered a drug policy address that called for more police, more prosecutors and longer sentences. Biden helped write the 1994 federal crime bill that increased sentences and funding for state prisons. He sometimes refers to it as “the Biden Crime Law.

The Enabler of Clarence Thomas

Biden claims that he “did everything in my power to defeat Clarence Thomas.” The actual history is very different. It has long been known that Biden cut a deal with Republican Sen. John Danforth, Thomas’ main sponsor, to end the 1991 confirmation hearings quickly. Biden told a group of women legislators that he had promised Danforth “in the men’s gym that this would be a very quick hearing.”

Former Rep. Pat Schroeder (D-Colo.) and six other female Democrats asked Biden to conduct a complete investigation and delay Thomas’ confirmation. Instead, Biden kept his word to Danforth. Biden refused to allow three other women who would have corroborated Anita Hill‘s testimony to testify. Schroeder says “[T]o have railroaded that through and not listen to the other three women and let his colleagues absolutely tear [Anita Hill] apart was absolutely horrible.” Anita Hill believes that the #METOO movement might have begun in 1991 if Joe Biden had done his job. Anita has “made it clear that Biden is not her candidate for President.”

Pro-Choice or Not?

In this time, a woman’s right to choose what to do with her body is being taken away. Joe Biden is seen by many as “the unreliable pro-choice advocate.” Here’s why:

1970s-80: Biden voted for the Hyde Amendment which bars federal funding of abortions

1977: Biden supported the toughest anti-abortion measure ever – an amendment to deny abortions in cases of incest and rape

1981: He proposed the Biden Amendment to the Foreign Assistance Act which continues to bar U.S. aid from being used for biomedical research related to abortions

1982: He voted in favor of a constitutional amendment to allow states to overturn Roe v. Wade

1983: Biden voted five times to bar the Federal Employees Health Benefits program from funding abortions for federal employees

1988: He voted against adding a rape and incest exception to the Hyde Amendment

As late as 2003, Joe Biden’s score on support for abortion rights by the National Abortion and Reproductive Rights Action League (NARAL) Pro-Choice America was only 36%. It improved to 100% in more recent years, starting in 2006. The question is whether we can count on him to fight the battle for a woman’s right to choose or will he revert back to “states’ rights?”

A Supporter of “States Rights”

In fact, on Thursday, June 27, 2019, Joe Biden reverted to “states’ rights.” When challenged by Sen. Kamala Harris about his opposition to busing to integrate schools, Joe went back to his roots: “states’ rights.” The unmasking of Biden’s baggage on the issue of race is now complete.

Biden led the fight against school busing for at least a decade. He sponsored numerous measures to stop busing, working with notorious racist segregationists. In 1975, after Sen. Jesse Helms‘ amendment failed, Biden crafted his own bill to bar federal funds to help school districts integrate.

Sen. Edward Brooke (R. Mass.) (Credit: Getty Images)

Sen. Edward Brooke, the first Black man elected to the U.S. Senate after Reconstruction, called Biden’s bill “the greatest symbolic defeat for civil rights since 1964.”

Joe Biden’s baggage is real and should weigh heavily in any consideration of his candidacy for President. We owe those who fought on the right side of history to make the country a better place at least that much. #BlackWomenLead

The 2019 CDP Chair Race Ends

The 2019 CDP Chair race ended last Saturday. The CDP did not elect Kimberly Ellis to be the first Black woman to lead the party. The CDP delegates voted overwhelmingly to elect Rusty Hicks. What are we to make of this conclusion?

California or Calabama?

Among Black folks, California has earned the nickname “Calabama.” It means that far too often, Black people in California face the same deep racism they face in the South, in places like Alabama. As I watched the racial divide exposed in San Francisco last weekend, I was reminded of the struggle that Fannie Lou Hamer fought against the Democratic Party in 1964.

In 1964, Hamer helped co-found the Mississippi Freedom Democratic Party (MFDP). The regional Democratic party was racist and all-white. Hamer traveled with her delegation to the 1964 Democratic National Convention to stand as the official delegation from the state of Mississippi. Her plea to be recognized by the DNC went viral within a few days. It fell on deaf ears.

The DNC did not officially recognize the MFDP until the 1968 Convention.

At the CDP convention in San Francisco, I attended the Black Women’s Meet-up from 5-7. I don’t recall seeing any white women there. Later, from 10-12, I attended the New Girls Network reception. I counted less than 2 handfuls of Black women. I was greatly disturbed by how comfortable most of the white women appeared to be with the obvious absence of Black women. I’m not even sure that KE was invited to speak there.

Clearly, if every woman delegate had voted for KE, she would have easily won. But clearly, that did not happen. Full consideration of the culture of sexual misconduct and racial discrimination inside the CDP took a back seat to another agenda. That agenda was to preserve the privilege of white men in charge of the party. And it clearly appears that too many white women were ok with that. Much as they voted overwhelmingly for Roy Moore in Alabama despite the evidence that he molested teenage girls. What should have been a referendum on the white male patriarchy in charge of the CDP was weaponized against the Black male Chair candidate and otherwise ignored.

Who is Rusty Hicks?

Rusty Hicks seems like a nice fellow. But as I noted before the election, Rusty Hicks comes out of the same cesspool of sexism and white privilege that birthed Eric Bauman. Rusty is a longtime LA labor leader who worked closely with Bauman for the last 14 years. When Eric resigned in disgrace, it seems that his LA supporters came up with a replacement.

So now, Rusty Hicks is the face of the CDP. In his endorsement of KE, Jon Katz, the President of the Santa Monica Democratic Club, said “After extensive conversations with Mr. Hicks, I worry that his vision of the party would serve the protection of our elected officials above the need to push those elected officials to take bold stances and enact legislation that the grassroots of the party put them there to do.” 

So How Did Rusty Win?

How Rusty won an election that seemed like it was KE’s to lose will be debated for at least the next two years. We know that the elected officials went all out in January to reclaim the ADEM seats. Some believe the defeat of progressive ADEM slates by hand-chosen surrogates for the electeds in January cost KE the election.

For the first time in recent memory, the CDP Labor Caucus endorsed a candidate for Chair – Rusty. The motion to endorse created a huge uproar in the Caucus. The Labor Caucus, like many other Rusty supporters, was blind to the implications of its conduct. In rushing to push Rusty into the chair seat, labor crushed the hopes of any woman who believes after 128 years, it is long past time to have a Black woman chairperson. Labor failed to consider that a woman is far better equipped to redeem the party’s reputation from the sexually predatory conduct of Eric Bauman than an Eric Bauman surrogate.

As CDP Chair, Rusty will have to reassure Black people that Black women do matter to the CDP and change the culture of sexual abuse allegedly tolerated by the Party leadership. We will tolerate no less than that. The real question is whether labor or the electeds will support him in that quest as vociferously as they supported him in the Chair race. How they answer that question may well determine whether Democrats defeat Trump in 2020.

The 2019 CDP Chair Race-Part 2

Kimberly Ellis – 2019 CDP Chair Candidate

This is Part 2 of a two-part series on the 2019 California Democratic Party (CDP) Chair Race. For the full background on the 2019 CDP Chair race, check out Part 1 first.

Why Kimberly, Not Kamala?

Kimberly Ellis is a Black woman and the former Executive Director of EMERGE California. She is running for Chair of the California Democratic Party for the second time. Kimberly’s message about redefining what it means to be a Democrat is inspiring, particularly in light of the party’s failures for at least the past two decades.

Anyone who knows me knows that I am a strident advocate for the leadership of Black women. My favorite hashtag is #BlackWomenLead. Because I am a Black woman who has been on the front lines of the fight for civil rights for more than 40 years, I know how transformative our leadership can be. I supported Kimberly Ellis in 2017 and I support her in 2019.

So, you ask, how can you support Kimberly, but not Kamala?

The answer, unfortunately, is based on Kamala’s record and my own personal experience. In 2017, Kamala Harris did not support Kimberly Ellis. She did not endorse her or vote for her. In 2019, Kamala Harris still has not endorsed Kimberly Ellis. And Kamala controls at least 6 votes in the CDP Chair’s race. The fact that Kimberly Ellis is the only candidate in the race who can actually challenge the CDP’s pervasive culture of sexual misconduct is obvious. Yet, Kamala is standing silently on the sidelines watching the action.

Kamala’s Silence is Complicity

But then, standing by silently is Kamala’s habit and practice. In 2016, when Sen. Holly Mitchell was fighting like a demon to repeal California’s unjust sentence enhancement laws, Kamala stood on the sidelines. That year, Sen. Mitchell sponsored SB966, the 2016 version of the RISE Act. It died in the Legislature. It finally passed in 2018. Kamala did not support the bill.

Sen. Holly Mitchell is the most powerful compassionate inspiring Black woman to grace the California Legislature in decades. For more than a decade, she worked tirelessly with civil and human rights advocates to heal and restore our communities from the devastation caused by our racist and broken criminal justice system. Kamala Harris was silent on most of the groundbreaking criminal justice legislation sponsored by Sen. Mitchell.

In 2015, when Assemblymember Kevin McCarthy introduced AB86, a bill to make California the first state in the nation to have its top law enforcement officer independently investigate deaths in police custody, Kamala actually opposed the legislation. Under the plan, the state attorney general would appoint a special prosecutor to direct an investigation whenever the police kill a civilian. Several other states, including New York, have since adopted this policy.

Gwen Woods & her son, Mario Woods (Credit: Vic Lee, ABC7News)

In 2016, the Black community in San Francisco was incensed about the police killing of Mario Woods. In a series of community meetings, Kamala’s most loyal supporters called upon her to do exactly what AB86 called for – convene an independent investigation of the shooting. Kamala rejected their appeals and stood by silently on the sidelines of the controversy. I shall never forget how shocked I was when I learned that Kamala refused to meet with Mario Woods’ mother.

My Own Disappointments

In August 2016, a coalition of community organizations that I worked with called upon Kamala to convene an independent investigation of the Bay Area police sex trafficking ring. Seven law enforcement agencies were implicated in sex trafficking of a minor. Even when the young woman at the center of the police misconduct was spirited away in the dead of night by the Richmond Police to Florida and promptly incarcerated on felony charges there, Kamala rejected our appeals to get involved. She stood by silently as criminal cases were either never brought or quickly dismissed.

In 2010, I represented a group of 10 women sexually harassed at work. They were all employed at the California Dept. of Corrections. Two of my co-counsel were staunch Kamala supporters. When she became Attorney General (with our help), they thought she would listen to them. She did not. We had our clients write to her directly describing their pain and injuries. We thought she would listen to them. She did not. In fact, she turned their letters over to the lawyers in her office defending the case. Those lawyers used the letters to ridicule our clients.

By 2015, three of the cases had been dismissed and one of our clients had committed suicide. We settled most of the remaining cases in 2015 for almost $2.8 million. The estate of Judy Longo – the woman who committed suicide – received a mere $250,000, largely because Judy was not alive to testify about what happened to her. The lead plaintiff Martha Berndt lost her case at trial. The case was weakened both by the extreme passage of time (13 years) and our assignment to a ridiculously sexist trial judge. Kamala stood by silently as these women suffered years of unnecessary and cruel litigation.

But She’s a Black Woman

In my experience, with one exception, Kamala has not stood with progressive Black women.* In the 2018 race for Oakland Mayor, there were 2 Black women running for the seat. Kamala did not support either one of us. In the 2018 race for Assembly District 15, there were 2 Black women running for the seat. Kamala did not support either one of them.

Kamala’s prominent support for the incumbent DA in the 2018 race for Alameda County District Attorney is perhaps the most shocking. That DA’s record on racially-biased prosecutions is abysmal. I ran for DA in response to the lack of police accountability and racial injustices that have devastated our community for decades. Kamala did not ever respond to my request for a meeting. According to the President of Black Women Organized for Political Action (BWOPA), a statewide organization of Black women that has always supported Kamala, Kamala did not even return her calls.

The Struggle is Real

In conclusion, my decision to reject Kamala Harris as a candidate for President is based “empirical evidence” and real life experience. Perhaps she will have a last minute change of heart and decide to support Kimberly Ellis in her quest to become the first Black woman CDP Chair. If you support Kamala and believe she should stand with Black women, please reach out to her and let her know that Kimberly Ellis deserves and needs her help. Before the vote on Saturday, June 1st please!

Here’s how you can contact Kamala on Twitter, Messenger, by phone or e-mail:

Twitter: @KamalaHarris
Messenger: @SenatorKamalaHarris
Phone: (415) 981-9369
E-mail: [email protected]

I hope I live to see the first Black woman President. I know that she will be a woman with the courage of her convictions and the compassion of a queen. #BlackWomenLead

*Kamala endorsed Public Defender Genevieve Jones-Wright for San Diego District Attorney in 2018 less than 3 weeks before the June 2018 election.

The 2019 CDP Chair Race-Part 1

Kimberly Ellis, 2019 CDP Chair Candidate

Kimberly Ellis is a Black woman and the former Executive Director of EMERGE California. She is running for Chair of the California Democratic Party for the second time. Kimberly’s message about redefining what it means to be a Democrat is inspiring, particularly in light of the party’s failures for at least the past two decades.

On May 20, 2017, Eric Bauman was elected Chair of the California Democratic Party (CDP). Bauman narrowly defeated Kimberly. The CDP says he won by 62 votes. It really was a contest between “old school” Democrats vs “new school” Democrats. The delegates had a clear choice between (a) someone relatively new to the party and (b) someone who had waited years for “his turn.” I reported on this exciting contest in 2017. I supported Kimberly Ellis.

Bauman was Vice Chair of the CDP for almost 10 years (2009-2017) and Chair of the Los Angeles Democratic Party for 17 years (2000-2017). Not surprisingly, his endorsement by the LA Democratic Party was won with 94% of the vote. Bauman was considered the” consummate party insider.” Bauman resigned his position as CDP Chair in disgrace in late 2018.

Fast forward to 2019

On January 15, 2019, 3 current and former CDP employees sued the CDP and Bauman. They claim there is a culture of harassment and sexual misconduct at the CDP that is “well-known and apparently tolerated” by top officials. They describe a workplace where drinking during the workday and inappropriate sexual conduct and comments were tolerated, and party leaders retaliated against those who reported allegations of harassment. In April 2019, more staffers sued the CDP and Bauman for the same type of conduct.

Bauman’s former assistant at the LA Democratic Party filed the second case. William Floyd says Bauman sexually assaulted him at least three times and groped him on numerous occasions. Floyd says Bauman threatened him, telling him “if you cross me, I will break you.”

The fact that Bauman’s outrageous conduct was “widely known” and tolerated for whatever reason is deeply troubling. Bauman was clearly a sexual predator with “no shame in his game.” He abused his power openly in grotesque ways. He knew he could get away with it. Apparently, no one cared enough about sexual oppression, or felt empowered enough within the party to say or do anything about it until CDP staffer Kate Earley broke the silence.

The 2019 CDP Chair Race

Today, Kimberly Ellis is the front-runner in the CDP Chair race. If elected, Kimberly would be only the fourth female Chairwoman of the CDP in 128 years. She would be one of less than a handful of Black women Chairs of State Democratic parties. Rusty Hicks and Daraka Larimore-Hall, both men from Southern California stepped up to run against her.

In my view, Rusty Hicks comes out of the same cesspool of sexism and white privilege that birthed and fed Eric Bauman. Rusty is a longtime labor leader with the LA County Federation of Labor. There is little doubt that Rusty worked closely with Bauman for the last 14 years. Indeed, in 2017, Rusty supported Eric Bauman. I believe that Rusty had to know about Eric’s outrageous misconduct and said nothing. In too many ways in 2019, Rusty looks like Eric Bauman’s surrogate replacement.

Daraka Larimore Hall (Credit: Paul Wellman)

The other leading contender for CDP Chair is Daraka Larimore-Hall. He was elected as Vice-Chair in 2017 by winning 84% of the votes. The first sexual harassment lawsuit filed against the CDP and Bauman in January, however, names Daraka as a person who tried to dissuade the lead plaintiff from filing her complaint. As a result, Daraka has not been able to overcome the perception that he was complicit in Eric’s misconduct.

So why is Rusty not similarly disqualified? Maybe because Eric is a clean-shaven white man while Daraka is a Black man. In addition, Daraka is a former Democratic Socialist who supported Bernie Sanders in 2016. Therefore, Daraka’s political principles are not popular with the party elite. But, having listened to all 3 candidates, I can say that Rusty Hicks is the least impressive.

The Party Elite Have the Power

Kimberly’s greatest challenge is the power of the party elites. These “electeds” get between 2-6 votes each, depending on the size of their constituency. In addition, if they successfully ran a slate of candidates in the 2019 ADEM elections, they may have as many as 20 votes.

The California Legislative Black Caucus (CLBC) has 10 members. They have up to 60 votes. The Caucus has endorsed Kimberly. However, that is no guarantee that its members will vote in accord with the endorsement. At least two CLBC members – Assemblymembers Reggie Jones-Sawyer and Steven Bradford – have publicly supported Rusty. For example, in 2017, CLBC members Jones-Sawyer, Bradford, Mike Gipson, Autumn Burke and Chris Holden supported Eric Bauman over Kimberly.

The California Women’s Legislative Caucus has 36 members, including 31 Democrats. That’s a trove of at least 186 potential votes. But not all women support women. In 2017, Senator Nancy Skinner supported Bauman. Senator Kamala Harris did not vote for Kimberly in 2017 and she has not endorsed her in 2019. My commentary on Kamala Harris is in Part 2.

Statewide Constitutional officers like Betty Yee, Fiona Ma and Tony Thurman have all endorsed Rusty. It seems that they are progressive until it comes to supporting the leadership aspirations of a Black woman.

How Can You Help?

Many people outside the CDP question whether they can influence the race. The answer is yes! First, you know someone who knows someone who is a delegate to the CDP Convention. You just need to find that person and urge them to vote for Kimberly.

Second, you can reach out to the key legislators and ask them to vote for Kimberly. Hit them on Twitter. Message them through Facebook. Call their offices. Send a e-mail. Let them know that you are watching. Here’s how to reach the 10 members of the California Legislative Black Caucus:

Shirley Weber
Twitter: @AsmShirleyWeber
Messenger: @ShirleyWeberCaliforniaStateAssembly
Phone: (619) 531-7913

Steven Bradford
Twitter: @StevenBradford
Messenger: @stevenbradford62
Phone: (916) 651-4035 or (310) 412-6120

Sydney Kamlager-Dove
Twitter: @AsmKamlagerDove
Messenger: @AsmKamlagerDove
Phone: 323-291-5441
E-mail: [email protected]

Autumn Burke
Twitter: @AsmAutumnBurke
Messenger: @AssemblywomanAutumnRBurke
Phone: (916) 319-2062 or (310) 412-6400

Holly Mitchell
Twitter: @HollyJMitchell
Messenger: Holly4LACounty
Phone: (916) 651-4030 or (213) 745-6656

Reginald Jones-Sawyer
Twitter: @JonesSawyer59
Messenger: @reggiejonessawyersr
Phone: (916) 319-2059

Mike Gipson
Twitter: @AsmMikeGipson
Messenger: @AssemblymemberMikeGipson
Phone: (310) 324-6408 or (916) 319-2064
E-mail: [email protected]

Jim Cooper
Twitter: @AsmJimCooper
Messenger: @AsmJimCooper
Phone: (916) 670-7888 or (916) 319-2009

Kevin McCarthy
Twitter: @AsmKevinMcCarthy
Messenger: @ASMKevinMcCarthy
Phone: (916) 319-2007 or (916) 324-4676

Christopher Holden
Twitter: @ChrisHoldenNews
Messenger: @AssemblymemberChrisHolden
Phone: (916) 319-2041

Here’s how to reach the 3 women who represent the Bay Area and will control at least 18 votes at the Convention:

Nancy Skinner
Twitter: @NancySkinnerCA
Messenger: @StateSenatorNancySkinner
Phone: (916) 651-4009 or (510) 286-1333

Buffy Wicks
Twitter: @BuffyWicks
Messenger: @AsmBuffyWicks
Phone: (916) 319-2015 or (510) 286-1400

Rebecca Bauer-Kahn
Twitter: @BauerKahan
Messenger: @RBKCalifornia
Phone: (925) 328-1515

In conclusion, the vote will take place on Saturday June 1st. We will see what the CDP really stands for!

#METOO WorldWide Movement

#METOO – “Ain’t I A Woman”

The Worldwide #METOO Movement came to Berkeley this week. Fifty speakers came from around the world to talk about global resistance to sexual harassment and violence. I am honored to participate in the conversation and the ongoing struggle against oppression based on gender.

The most important insight that I can contribute about resistance to sexual harassment and violence is that it is deeply rooted in the intersectional oppression and resistance of Black women.” And so I started to engage with this amazing group of activists, lawyers, professors and students. We are all committed to moving #METOO beyond the popular hashtag into real challenge and change. We must honor and appreciate the roots of this movement as we move “forward and beyond.”

The title “Ain’t I A Woman” goes back to Sojourner Truth’s famous speech on May 29, 1851 in Akron, Ohio. She spoke from her heart and the pain of slavery to challenge white women to “see” her. In 1981, Professor Bell Hooks in her famous book, “Ain’t I A Woman” challenged contemporary white feminists to “recognize” Black women in “their” movement. Ten years later, in 1991, Anita Hill‘s riveting testimony before an all white male Judiciary Committee (headed by Uncle Joe Biden) gave voice to the outrage of women everywhere. After that hearing, the battle cry was “I believe Anita Hill.”

#BlackWomenBuiltThat

The oppression and resistance of Black women created the
law of sexual harassment. In the fall of 1977, I joined the sexual harassment lawsuit called Alexander v. Yale. My political science professor sexually propositioned me. Yale’s band leader raped Ronni Alexander. Ronni’s case was dismissed. Mine was not. As a 21-year-old Black woman, I became the lead plaintiff in the first sexual harassment lawsuit ever litigated in this country in education. We gave sexual harassment a name and made Title IX apply to it.

I was not alone. In 1976, Diane R. Williams, a 23-year-old Black woman attorney won her sexual harassment case against the Dept. of Justice. Diane persisted after the case was overturned on appeal. She started fighting her case in 1972 and kept fighting until she finally won in 1980. Her case was among the first in employment to say that “quid pro quid” sexual harassment is sex discrimination.

Paulette L. Barnes, a Black woman, filed and lost her case against the federal government in 1974. Paulette persisted. On July 27, 1977, a federal appeals court in Washington, D.C. ruled that it was illegal to fire a woman who refused a supervisor’s advances. On the West Coast, Margaret Miller, a Black woman, sued Bank of America for sexual harassment. Margaret lost her case in the district court in 1976. But she persisted. She finally won her case in June 1979.

“Anita Hill’s Grandmother”

Sandra Bundy in 2018 (Credit: Lexey Swall)

Sandra Bundy‘s case was the first federal appeals court case to clearly say that sexual harassment in the workplace is illegal. Sandra sued the federal government in 1977. She lost at trial in 1979 and fought until she won in 1981. Because of Sandra Bundy, women everywhere can say that sexual harassment creates a hostile work environment. As a result, in 1986, Mechelle Vinson, a Black woman, won her hostile work environment case in the United States Supreme Court. She fought her case for almost 10 years, from 1978 to 1987.

From #METOO to #SayHerName

Fast forward 30 years to October 2017. That month, actress Ashley Judd went public with her story of sexual harassment by powerful Hollywood icon, Harvey Weinstein. Soon after that, Actress Alyssa Milano tweets “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” #METOO goes viral worldwide.

Tarana Burke, 2018. Credit: Chip Somodevilla/Getty Images

Tarana Burke, a Black woman activist, created the phrase “MeToo” and an organization in 2006 to empower survivors of sexual violence. The worldwide #METOO movement to fight sexual harassment and sexual violence springs again from our oppression and our resistance.

It was my privilege this week to share our history with women and men from around the world. At last year’s conference, Professor Kimberle Crenshaw shared this herstory. Professor Crenshaw’s work on the urgency of intersectionality clearly points the way forward for our #METOO global movement. Black women must not be invisible in this movement. We are the veins in the “kaleidoscope of butterflies” that Professor Catherine MacKinnon so beautifully describes that gives our movement wings. Our power lies in our collective effort.

Pamela Price & Joelle Dzukou Epse Nwabueze
UC Berkeley Law School, 2019

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.

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