Category: Police Misconduct Page 2 of 3

Kamala Is Not “The One”

On December 24, 2019

In Black Lives Matter, Criminal Justice, Gender Equality, Justice Reform, Police Misconduct, Politics and Elections, Race Discrimination, Women in Politics

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

What About the POA?

By pypriceesq

On November 17, 2019

In Black Lives Matter, Criminal Justice, Justice Reform, Police Misconduct, Politics and Elections, Race Discrimination

San Francisco District Attorney Elect Chesa Boudin (Credit: Chesa4DA Campaign)

In the wake of the much-celebrated victory of San Francisco District Attorney Chesa Boudin, the question arose “what about the POA?”

The SF POA spent $700,000 in the SF DA race

Most people, unfortunately, don’t even know what “the POA” is. POA stands for Police Officers Association. Every American city, county and state has one, whether it be city police, county sheriff or state correctional officers.

It’s a union. Technically, as a union, it is formed to advocate for better working conditions and pay for its members. In the real world, however, POAs have taken a more sinister role to control the politicians elected to govern our cities, counties and states. POAs are really political action committees that spend millions of dollars every year to influence elections.

“The National Association of Police Organizations (NAPO) is a coalition of police unions and associations from across the United States organized for the purpose of advancing the interests of America’s law enforcement officers through legislative advocacy, political action and education.” NAPO supports its member organizations across the country.

Holding the Line Against Reform

Predictably, these police associations lead the resistance to criminal justice reform, bail reform, decriminalizing marijuana and anything else. So, when the SF POA spent $700,000 in a local election, no one should be surprised. Phil Matier reports that “much of the $700,000 spent by the San Francisco Police Officers Association against progressive district attorney candidate Chesa Boudin came from out of town, even out of state.”

Elections are when the POAs take off the gloves and step out from the cover of secrecy. They have no problem being in the light to attack a politician they don’t like. What we have to remember, however, is that after the election, they are still there. Some slink back into the darkness to watch and wait for the next attack. They sometimes politely (and quietly) threaten elected officials with whom they disagree. And even without the express threat, most politicians are wary of offending the POA.

SF POA is different – they’re special. They stay on the attack. Even when the previous District Attorney George Gascon was not running for office or did not have an opponent, the SF POA bought radio ads to attack him. We should presume that it will attack Chesa as he gets into the business of reforming the DA’s office. Openly and viciously. Even though their election strategy backfired, the smear tactic of fear and lies usually works, so it’s still in their playbook.

The Benefit of the Battle

In SF, the POA lost the battle for SF DA. One benefit of the battle, however, is that the POA was exposed in the light of day – for all to see. This represents an opportunity for progressives everywhere to highlight the role that the POA plays in every community. In every city, county and state, the POAs band together to reinforce repressive and racist policies that undermine the fabric of the community. In every progressive challenge to the status quo, not just a District Attorney race, look for the POA to have a hand in fighting back and holding the line.

For example, the National Police Association states it has “a mission of combating the influence of anti-police activists and helping to hold them accountable.” It “use[s] the law as a method to highlight abuses by antipolice elected officials, change behavior, and seek corrective action.” One example of its work in 2018 was to request an investigation of San Jose’s independent police auditor. NPA directly challenged the auditor’s “fitness” to serve in his appointed role.

We all know that knowledge is power. So, we need to make sure that everyone knows how the POA uses its power in the shadows. They defend corrupt cops and threaten elected officials. They are both well organized and extremely well-funded. Their goal is to maintain the infrastructure of mass incarceration at all costs. The POA is clear in its mission. Progressives need to be just as clear about the POA.

“I Reject the Chief’s Conclusions”

By pypriceesq

On March 12, 2019

In Criminal Justice, Justice Reform, Police Misconduct

“I reject the Chief’s principal conclusions in this matter.”

Those few words summarize the February 19, 2019 report by Oakland’s Compliance Director, Robert Warshaw. Those few words should end the career of OPD Chief Anne Kirkpatrick in Oakland.

Robert Warshaw 2016 – Credit: Darwin Bond Graham

The proverbial “straw that broke the camel’s back” should be the OPD cover-up of the murder of one Joshua Pawlik. A year ago, on March 11, 2018, Mr. Pawlik was shot 22 times with AR-15 rifles by four (4) OPD officers. His crime – he had a gun.

I have long come to know that if you have a gun and you encounter a policeman in Oakland you will die. Mr. Pawlik’s case is so very similar to that of Demouria Hogg. Both men were apparently asleep when awakened by OPD officers. Both men had guns in their possession and they were immediately shot and killed when they woke up. A gun is a death sentence.

Or, consider consider the case of Alan Blueford who was alleged to be found near a gun and shot dead. Or the case of Sahleem Tindle, who was also observed near a gun and shot dead.

If you are even near the gun, and there is an OPD or Bart officer present, you will die. If they think you have a gun, you will die.

Mr. Pawlik’s murder, however, disturbed Mr. Warshaw. Mr. Warshaw is the Court-appointed monitor, who for the last 10 years has been getting paid to monitor OPD under the Negotiated Settlement Agreement aka our Consent Decree. What seems to have disturbed Mr. Warshaw is that there is a video of the murder which OPD ignored. Apparently, the video is inconsistent with the officers’ statements.

According to to Mr. Warshaw, the OPD investigators did not

(a) did not use the video to question the officers;

(b) did not address the inconsistencies between the video and the officers’ statements; and

According to Mr. Warshaw, the video shows minimal movements by Mr. Pawlik, consistent with someone waking up. The video “does not show an overt threatening action on his part.”

Why Fire the Chief?

According to Mr. Warshaw, Chief Kirkpatrick went “above and beyond” in her efforts to discount the video evidence and exonerate the officers. Chief Kirkpatrick also rejected the disciplinary recommendations of the department’s internal Executive Force Review Board for the officers and the commander in charge of the situation, Sgt. Francisco Negrete. According to Chief Kirkpatrick, Sgt. Negrete’s “errors in judgment” were not significant enough to sustain the recommended discipline even though they likely cost Mr. Pawlik his life.

Chief Kirkpatrick came to Oakland in the midst of one of the worst police misconduct scandals in our history involving the murder of an officer’s wife, sex trafficking and the rape of a minor by police officers. So far, we have 3 lawsuits arising out of OPD’s cover-up of various parts of this criminal activity. Chief Kirkpatrick’s only response to our troubles was to promote the commanders who led the cover-ups and close the promotional ceremony to the public.

These are the men that she has come to rely upon and protect as the Chief.

Oakland police Chief Anne Kirkpatrick greets officers as she arrives to the Ascension Greek Orthodox Cathedral of Oakland to attend a department promotion ceremony in Oakland, Calif., on Friday, July 14, 2017. The promotions of Roland Holmgren to captain, John Lois to assistant chief and Kirk Coleman to captain has raised eyebrows after the trio were referenced in a damning report about how OPD mishandled the Celeste Guap investigation. (Anda Chu/Bay Area News Group)

Chief Kirkpatrick claimed that she came to Oakland as “a reformer.” But she admitted to reporters in her first press conference that she had not even read the Consent Decree and she had no plan for how to comply with it and end Court oversight. Apparently, she still has no plan. And it would appear that Mr. Warshaw has lost all confidence in her judgment.

Where Do We Go From Here?

Whether the Chief goes or stays, the City will pay. We will pay.

The City paid $1.2 million to settle the civil lawsuit for the murder of Demouria Hogg. Mr. Pawlik’s family has already filed suit, and no doubt, we will pay to settle that case. Federal Judge Orrick, upon receiving Mr. Warshaw’s report, appointed his own investigator to take another look at Mr. Pawlik’s murder. His Order directs the City to start paying for this investigation.

We will continue to pay for Mr. Warshaw’s services. Since his appointment in 2009, we have paid his two companies more than $8 million, on average almost $1 million a year. The Chief’s base salary is a whopping $270,000 a year. The four officers who fired 22 rifle shots at Mr. Pawlik are still on the payroll.

On March 6, 2019, District Attorney Nancy O’Malley issued her report simultaneously with OPD’s report, finding no problems with the investigation and exonerating the OPD officers. Nothing new there either.

I say, fire the Chief and let’s hold the monitor accountable for holding our police accountable. He seems to be the only one with any official power interested in doing so at the moment.

A Tale of Twin Cities

By pypriceesq

On July 22, 2017

In Black Lives Matter, Criminal Justice, Humanity, Police Misconduct

On July 6, 2016, Philando Castile was shot driving while Black outside of St. Paul, Minneapolis. Officer Jeronimo Yanez shot him five (5) times. Philando’s murder was witnessed by his girlfriend and his 4-year-old daughter in the back seat.

Credit: Stephen Govel Star Tribune

Fast forward to June 16, 2017. A Minneapolis jury acquits Officer Yanez of Philando’s murder. On July 15, 2017, barely a month later, Minneapolis police officer Mohammad Noor shoots Justine Damond, a White woman from Australia. Ms. Damond calls the police to report a possible rape occurring outside of her home. When the police arrive, she goes outside in her pajamas to talk to them. As she stands on the driver’s side of the police car talking to the driver, Officer Noor shoots across the front seat, past his partner through the open window. He shoots Ms. Damond in the stomach and she dies on the scene.

Not surprisingly, Ms. Damond’s murder has sparked international condemnation, particularly by the Australian Prime Minister. You see, we are among the most deadly countries in the world when it comes to gun violence. So, this type of crime in Australia is extremely shocking. The idea that the police “shoot first and ask questions later” seems incredible in most countries around the world.

Valerie Castile, Philando Castile’s Mother and Don Damond, Justine Damond’s fiancé, embraced at the Peace and Justice March for Justine on July 20, 2017

These two tragic deaths in the twin cities are interrelated. In both cases, the victim did not pose a threat of harm to the officers. Still, it is likely that the officer who shot Justine Damond will claim that he feared for his life, just like the officer who shot Philando Castile. And, it is also likely that Officer Noor will not be found guilty of any crime, just like Officer Yanez. It seems that even when police officers are charged, it is still really difficult for prosecutors to get a conviction.

How Did One Murder Lead to Another?

Dr. Martin Luther King said it best: “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

And so it is that the murder of a Black man laid the foundation for the murder of a white woman. Indeed, the inability of the community to hold a police officer accountable for the death of a Black man created the permissive climate for another officer to murder a White woman. Suddenly, everyone in Minneapolis-St. Paul is “caught in an inescapable network of mutuality, tied in a single garment of destiny.” Now the truth is revealed. The use of deadly force by police officers in America against citizens is out of control. And when we allow police officers to target and terrorize communities based on race, religion or wealth, no one is safe.

It would not surprise me if Officer Noor thought that Justine Damond was Black. The Yanez acquittal verdict certainly told everyone in the Twin Cities (and indeed the nation) that Black lives do not matter. For Officer Noor to pull his gun, shoot across the front seat of the car and out of the window to kill an unarmed woman in her pajamas, speaks volumes about public safety in that city. It clearly confirms that public safety does not exist in that community.

Nor can it exist in any community where the rights of everyone are not respected and protected. This is a hard lesson that we all should learn from this tale of Twin Cities.

Time to Connect the Dots

By pypriceesq

On July 13, 2017

In Criminal Justice, Police Misconduct, Politics and Elections

Oakland Dodges A Bullet

This week, Oakland dodged a bullet. On July 12, 2017, Judge Thelton Henderson decided not to place a receiver in charge of the Oakland Police Department.

In 2003, OPD agreed to a Consent Decree known as the Negotiated Settlement Agreement (NSA). It was only supposed to last 5 years. In 2012, receivership was threatened because OPD failed to hold officers accountable for using excessive force against Occupy Oakland demonstrators. Instead, in December 2012, the Court appointed a Compliance Director to ensure successful compliance with the NSA.

A 2013 comprehensive study of U.S. Justice Department Oversight of Local Police since 1994 does not mention any police department that has ever been placed under receivership.

Credit: Kristopher Skinner/Bay Area News Group

This time, again, the lack of accountability goes to the highest levels. Now we know why former Chief Sean Whent really resigned. The Swanson-Barron Court report issued on June 21, 2017 exposes the cover-up from the initial investigators all the way to the Mayor’s office.

Let’s Connect the Dots

Here’s a brief timeline of how we got here:

9/25/15 – Officer Brendan O’Brien is found dead with a “suicide note” disclosing OPD’s sex trafficking activities
9/26/15 – O’Brien’ suicide note is circulated to OPD Command Staff, including Chief Sean Whent
9/30/15 – Criminal Investigations Division (CID) Homicide investigators interview Jasmine and blame her for O’Brien’s suicide
10/1/15 – Internal Affairs Division (IAD) opens an investigation
10/7/15 – CID Lieutenant reports that the CID investigation is closed
10/30/15 – IAD does a single interview with Jasmine by telephone
2/10/16 – IAD investigator provides a draft report to OPD supervisors
3/8/16 – Court Monitor learns of sexual misconduct allegations
3/23/16 – Judge Henderson issues Order re: potential violations of the Negotiated Settlement Agreement (NSA)
6/10/16 – Chief Whent resigns as reports of a cover-up explode
1/4/17 – Anne Kirkpatrick is hired as new OPD Chief
5/1/17 – Kirkpatrick promotes Lois, Coleman & Holmgren
6/21/17 – Swanson-Barron report released
7/10/17 – Kirkpatrick defends her decision to promote Lois, Coleman & Holmgren

Who Made the Decisions?

According to the East Bay Express, Deputy Chief John Lois was the head of OPD’s Bureau of Investigations. In October 2015, he approved the closure of two criminal investigations of police misconduct within a week, despite obvious evidence of wrongdoing. He has just been promoted to Assistant Chief of Police, the second-highest position in the department.

Capt. Kirk Coleman was in charge of the Criminal Investigation Division (CID) in October 2015. Task 28 of the NSA requires the CID Commander to notify and coordinate promptly with the DA’s Office regarding possible officer criminal misconduct. OPD failed to notify the DA. Coleman is being promoted to run Internal Affairs, putting him in charge of all police-misconduct cases.

Lt. Roland Holmgren was the head of OPD’s homicide unit in October 2015. Two homicide investigators, Sgts. Bradley Baker and Jason Andersen, blamed Jasmine for O’Brien’s suicide in their interview, and watched her destroy evidence to protect other officers. Holmgren watched this interview. Holmgren then closed the homicide investigation within a week. He is being promoted to Captain and will be in charge of the CID.

Who Was Kept In The Dark?

When Kirkpatrick came to Oakland in January 2017, she had to rely on someone to tell her what was really going on inside OPD. Presumably that person was the Mayor who hired her. Perhaps the task was delegated to City Administrator Sabrina Landreth who oversaw OPD for 6 months. When Kirkpatrick proposed to promote these 3 men in May, you think someone would warn her that they were implicated in covering up sex trafficking by police officers. Instead, it appears that Kirkpatrick was kept in the dark. Worse case scenario, she was told and promoted them anyway.

According to the East Bay Express, Kirkpatrick defends and still intends to move forward with her promotions.

At the same time, according to the Court’s report, police and City officials kept the District Attorney in the dark. The Mayor claims she told District Attorney O’Malley about the investigation in May 2016. The earliest news of a DA investigator implicated in the misconduct, former OPD Capt. Rick Orozco, broke in June 2016. According to the East Bay Times, Orozco, a 20-year OPD veteran, was let go a month later. According to other reports, Orozco was the second DA employee implicated in the misconduct.

Not surprisingly, the first 2 recommendations in the Swanson-Barron report are designed to improve the reporting of potential officer criminal misconduct to the DA’s Office.

Who Will Hold OPD Accountable?

In September 2016, DA O’Malley was asked and said she did not intend to investigate anyone for obstruction of justice. This week, Oakland City Councilmember Rebecca Kaplan called the question again. She is not alone. Oakland City Councilmember Noel Gallo also says that the everyone responsible for mishandling the Guap case, including the top leadership, should “face the music.”

The challenge to holding anyone accountable may be the statute of limitations. The statute for misdemeanor crimes is generally 1 year. Possible misdemeanors in this case include destroying or concealing evidence, preventing a witness from testifying or interfering with a police officer which is considered obstruction of justice. Conspiracy to obstruct justice can be charged as a felony. The statute of limitations for the felony charge is 3 years. The alleged cover-up began in October 2015. So, the DA is either out of time or time is running out.

The new Chief faces a similar problem. The time to complete an investigation of police misconduct is 1 year. So, the question is whether anything done so far constitutes an investigation of the top OPD brass. If so, when did it begin. The Chief is also either out of time or running out of time.

Judge Henderson left the matter in the City’s hands for now. The City has until September 25th to file a report in response to the Swanson-Barron report.

Credit: East Bay Express

If you agree that Chief Kirkpatrick should either postpone or rescind the promotions of Chief Lois, Capt. Coleman or Lt. Holmgren, you should call her at 510-238-8865, or hit her on twitter at @oaklandpoliceca. You can tell her for me if she really wants to “transform” OPD, she needs to start at the top. You can also tell Mayor Libby Schaaf at @theOaklandMayor.

Why I’m Running For DA

By pypriceesq

On June 22, 2017

In Black Lives Matter, Criminal Justice, Gender Equality, Humanity, Justice Reform, Juvenile Justice, Police Misconduct, Politics and Elections, Race Discrimination

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 A – Court-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.

Hypocrisy in Alameda County

By pypriceesq

On February 9, 2017

In Criminal Justice, Humanity, Justice Reform, Police Misconduct

Credit: Alameda County Sheriff’s Dept.

Former Livermore Police Officer Daniel Black is on trial. He is one of dozens of Bay Area police officers who allegedly abused their power to sexually exploit my former client, Jasmine. Black admits that he had multiple sexual encounters with 19-year-old Jasmine. He claims the sex was part of “a private relationship” with Jasmine. Black’s alleged conduct took place in April 2016 while the Oakland Police Department was trying to cover up Jasmine’s sexual exploitation by OPD officers.

In September 2015 OPD Officer Brendan O’Brien committed suicide and left a note “naming names.” O’Brien’s suicide exposed the commercial sex trafficking of young women by law enforcement throughout the Bay Area. Daniel Black was not one of the men named in the note. Apparently he was not aware of the ongoing OPD cover-up and investigation. He is accused of going to Richmond to get Jasmine in April 2016, and using food and alcohol to compensate her for having sex with him.

Felonies and Misdemeanors

Penal Code Section 266i (a)(2) provides that any person who “[b]y promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute” is guilty of pandering. Dan Black’s sexual exploitation of 19-year-old Jasmine was “pandering” her under the law. The fact that someone has previously engaged in prostitution is not a defense to the charge. Penal Code Section 266 is a felony.

Dan Black is on trial for five (5) misdemeanors. He is charged with engaging in prostitution, engaging in lewd conduct in public and giving alcohol to a minor (under age 21). Misdemeanor charges carry far less severe punishment than felony charges. Misdemeanor convictions can include unsupervised probation or no jail time. Felonies usually include some type of prison or jail time and significant restrictions of your constitutional rights, including the right to vote. Dan Black is not charged with any felonies. He is not charged under California’s human trafficking law. This is very strange.

Proposition 35 – Californians Against Sexual Exploitation Act

In 2012, California voters passed Proposition 35. The law passed by a huge margin. 81.3% of voters said yes. Prop. 35 is intended to fight commercial sex trafficking, particularly as it affects minors. It changed the law to include more crimes in the definition of human trafficking, increase penalties for trafficking, provide more services for victims, change evidence rules in trafficking cases, require law enforcement training in human trafficking, and expand requirements for sex offenders. As a result of the voters, Prop. 35 includes a violation of Penal Code Section 266.

Alameda County District Attorney Nancy O’Malley was a major supporter of Prop. 35. Yet, none of the Bay Area police officers who sexually exploited Jasmine face charges under Prop. 35. Not a single one. This is the worst sex scandal to ever rock Bay area police departments. This scandal cost Oakland 3 police chiefs in nine days. These crimes will cost the City of Oakland and the County of Alameda millions of dollars. Yet, none of the police officers charged in Alameda County are facing sex trafficking charges. Not a single one. It is as if Prop. 35 does not even exist.

Prosecutorial Discretion and Overcharging Crimes

What makes this situation even more bizarre is that prosecutors routinely overcharge defendants. The practice of overcharging has become one of the hallmarks of our criminal justice system – a way to ensure that the system can actually function. The only way the Courts can handle the number of cases charged by prosecutors is by getting plea bargains. If every criminal defendant insisted on going to trial and refused to “take a deal”, the system would totally collapse.

In his book Why Innocent People Plead Guilty, Jed S. Rakoff writes that “our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.”

There are no written regulations controlling the prosecutor’s exercise of his charging power in California or anywhere else in the United States. There is no established or meaningful process for appealing the prosecutor’s exercise of his charging power. The result is that an estimated 95% of all criminal cases end with a plea bargain.

Credit: New York Review of Books

Jed Rakoff cites the case of Brian Banks from Long Beach, California. Banks, who had been a high school football star with a scholarship to USC at the time of his arrest, served five years in prison for rape and kidnapping charges. Brian did not actually commit the crime.

Brian Banks accepted a plea bargain under the advisement of his original lawyer. He was freed in 2012 through the efforts of the Innocence Project.

Comparing Brian Banks’ case to Daniel Black’s case may seem like comparing apples to oranges. But the real difference is that Brian Banks was charged and convicted of a crime he did not commit, while Dan Black is not charged at all with crimes he admits he committed. Is this a case of “white privilege” or “badge privilege?” Something is definitely wrong with this picture. The artist in Alameda County is our District Attorney.

Hypocrisy in High Places

By pypriceesq

On January 11, 2017

In Justice Reform, Police Misconduct, Politics and Elections, Press Releases

Hypocrisy in High Places contributes to the death of a just society. The Coalition to Restore Public Trust and the Contra Costa Coalition for Racial Justice call for the immediate resignation of District Attorney Mark Peterson. Elected in 2010, DA Peterson has violated the public trust.

The FPPC Charges – Campaign Finance Violations

According to charges pending before the California Fair Political Practices Commission (FPPC), over a 5-year period, DA Peterson used more than $66,000 of campaign contribution money for his personal expenses. As the FPPC points out, when an official makes personal use of campaign funds, it erodes public trust in the political process.

According to the FPPC, Peterson admits that he started misusing his campaign contributions in 2011 shortly after he was elected. His misappropriation of funds continued until 2015 when he learned that his campaign account had been selected for audit.

The misuse of money donated to his campaign included hotels, meals, movie tickets, gasoline, clothing and more. He also withdrew cash for his personal expenses from the campaign account. Other times, DA Peterson transferred money from the campaign account to his personal account. The FPPC charges include more than 600 separate fraudulent transactions.

The FPPC Charges – Perjury and Fraud

For 5 years, DA Peterson acted as his own Treasurer. During that time he filed at least 4 falsified FPPC reports which did not disclose his personal use of the funds. After he was caught, he claimed that the withdrawals from the campaign account were actually “loans.”

DA Peterson has been a lawyer for more than 30 years, since 1983. As a lawyer, officer of the Court and elected official, he knows the meaning of receiving and holding money “in trust.” Every time that he used the campaign account for his own personal benefit, he knew that he was violating the fundamental values of the law and his ethical duties as an attorney. He knew that he was violating the trust of everyone who donated money for him to become our DA.

DA Peterson obviously cannot and will not hold himself accountable under the law. He has lost our community’s trust. Our community deserves to have a District Attorney who acts ethically and upholds the law. Mark Peterson has shown that he cannot be trusted to do either. For these reasons, we call for his immediate resignation.

The Call to Action – The People v. Mark Peterson

To support the call for DA Peterson’s resignation, the Coalition to Restore Public Trust will convene a public trial of Mark Peterson on Wednesday, January 18, 2017, from noon to 1:30 p.m. at 900 Ward Street, in front of his office in Martinez. We urge the public to attend the trial and hear the evidence of DA Peterson’s unethical conduct and support our call for his resignation. We also urge you to sign the online Petition calling for his investigation and prosecution by the California Attorney General.

A Few Good Men

By pypriceesq

On November 3, 2016

In Justice Reform, Police Misconduct, Politics and Elections

A Few Good Men

few-good-men-movie

One of my favorite movies is “A Few Good Men.” I love the iconic scene where Jack Nicholson screams at young lawyer Tom Cruise colonel-jessup-quote

The Truth About the Oakland Police Department

This past week, Oakland was rocked with details of two “cover-up” claims by OPD supervisors and City officials. Homicide Detective Sgt. Mike Gantt alleges that top police officials and city leaders, including Mayor Libby Schaff, retaliated against him because he tried to investigate the death of Irma Huerta-Lopez. Gantt believes, along with many others, that OPD Officer Brendan O’Brien murdered Huerta-Lopez.

Irma Huerta-Lopez was the wife of disgraced OPD officer Brendan O’Brien. She was found dead in their home in June 2014 under suspicious circumstances. Her family alleges that O’Brien killed her and OPD covered it up. O’Brien killed himself in September 2015. He left a note about his sexual exploitation of a minor (my former client Jasmine). OPD covered up the note and the police sexual abuse ring for 9 months. KRON 4’s Haaziq Madyun blew the case open in May 2016. O’Brien was never arrested or charged for his wife’s death.

The second case filed in federal court this week details OPD’s cover up of criminal conduct by another officer. Olga and Nemesio Cortez are suing the City because they were attacked by a drunken OPD officer in their home in December 2015.

The rookie officer, Cullen Faeth, is the son of OPD Sgt. David Faeth. The lawsuit alleges that hours after the attack OPD officers and supervisors paid 2 midnight visits to the Cortez family trying to confuse and dissuade them from filing charges. The lawsuit alleges that OPD officers tried to manipulate an eyewitness to the attack to misidentify a second suspect who flashed a gun at Mrs. Cortez. The Cortez believe the second suspect was actually Sgt. Joseph Turner pictured here. opd-sgt-turner

The lawsuit alleges that the Cortez family found out that their assailants were OPD officers weeks after the attack. Neither OPD or the District Attorney’s office shared that information with them initially. Ironically, Mrs. Cortez is an Alameda County probation officer.

The Code of Silence

Every organization has a culture, a set of informal rules and understandings. Not written down. Not discussed openly often. Particularly police. Like the code of silence, for instance. It is not written anywhere that you should look the other way when you see a fellow officer engaging in a crime, but we know that it happens. It is not written anywhere that you should withhold evidence of a crime when the perpetrator is a law enforcement officer, but we know that it happens.

It is not written anywhere that you should l-i-e in a deposition and say “I don’t recall” when you saw and heard a fellow officer break the law, but we know that it happens. It is not written anywhere that every person who flunks “the attitude test” when dealing with the police should be charged with “resisting arrest” and “assaulting a police officer” but we know that it happens.

Every police department is vulnerable to the abuse of power. Police exploiting women for sex and law enforcement officials covering it up is not new in the Bay Area. Police and public officials covering up criminal conduct by police officers is not new in Oakland. We know that “the only thing necessary for the triumph of evil is for good men to do nothing.” (Edmund Burke)

A citizen asked me recently, if the police are doing the crime, who should we call to come protect and serve us? I told her, in Oakland, you have to protect yourself.

einstein-evil

The question for OPD is do you have “a few good men?” The question for us as a community is “can we handle the truth?” I hope we pass Measure LL on Tuesday. It’s a good step in the right direction of our search for truth.

A Funny Thing Happened on The Way to Justice

By pypriceesq

On October 5, 2016

In Black Lives Matter, Justice Reform, Police Misconduct

A Funny Thing Happened on The Way to Justice

I’m sitting in a small crowded courtroom in the Hayward Hall of Justice. Lots of reporters and cameras on tripods, court personnel and a few civilians. I’m thinking about my next blog, “the Politics of Trust.” Then, a funny thing happened on the way to justice.

An elderly Caucasian man stands on the side of the courtroom looking over the scene. Most don’t notice him – I realize that he is the judge waiting to take the bench. Soon he does. The Judge very quickly goes through the steps of arraignment for former Contra Costa Deputy Sheriff Ricardo Perez.

perez-court-v2 Ricardo Perez is charged with felony oral copulation with my client, Jasmine. It is apparently well known that he was “one of her regulars.” Since she was still a minor, he was actively engaged in the commercial sexual exploitation of a child (CSEC). He reportedly worked as a Contra Costa Sheriff’s Deputy for several years.

Who Is the Judge?

Judge Joseph J. Carson was first appointed as a judge by Governor Ronald Reagan in June 1972. In April 1984 Governor George Deukmejian elevated him to serve as a Superior Court judge. Judge Carson was a Deputy District Attorney for Alameda County between 1966 and 1972 before he became a judge.

The district attorney asks Judge Carson to set Perez’ bail at $60,000. After reading Perez’s probable cause statement, Carson smiles and says, “Fish Ranch Road? I haven’t been there since high school.” Carson then let Perez remain out of custody on his own recognizance.

Judge Carson’s decision to let defendant Perez out on his own recognizance (OR) is in stark contrast to the $300,000 bail Jasmine was held on in Florida a month ago. Judge Carson’s OR decision was obviously based on his own world view about CSEC and perhaps, his own fond memories of hanging out on Fish Ranch Road. When he made the comment, he seemed to snicker at the thought of whatever happened to him the last time he was on Fish Ranch Road.

What A Difference Race Makes

Judge Carson’s decision to OR defendant Perez on a felony charge is very different from bail decisions issued for most Black and Brown defendants in our criminal justice system in Alameda County. The experience of racism is still channeled through the bail system in America. Study after study has documented the disparity by race in bail decisions across the country.

In her 2013 analysis of bail practices, Washington College of Law Professor Cynthia E. Jones describes how judges “exercise virtually unbridled discretion in making bail determinations, which are too frequently corrupted by the random amount of money bond imposed, the defendant’s lack of financial resources, the implicit bias of the bail official, and the race of the defendant. These factors combine to create an extreme dysfunction in the bail determination process” resulting in severe over-crowding of jails and racial disparities in bail outcomes between African-Americans and whites. (Jones, C. E. (2013). “Give Us Free”: Addressing Racial Disparities in Bail Determinations.” New York University Journal of Legislation and Public Policy, 16(4), 919–62.)

According to the U.S. Department of Justice, between 2008 and 2011, Alameda County was one of the largest jail jurisdictions in the United States, (in the top 15) with an average daily population of more than 4000 inmates. Between 2009 and 2014, the percentage of our average daily jail population that was un-sentenced but remained detained was consistently much higher than the state average. Typical reasons for staying in jail before sentencing are the inability to post bail, public safety or flight risk, or slow criminal justice processing. The population of detainees “presumed innocent until proven guilty” is overwhelmingly Black and Brown.

The Racial Divide in Alameda County

Justice in Alameda County has historically been racially imbalanced. In 2002, the rate of felony arrests in California for African Americans was 4.4 times higher than for whites. Our rate of incarceration in Alameda County was 7.5 times higher; the rate of incarceration for second strikes was 10 times higher. African Americans were incarcerated at a rate almost 13 times higher than whites under the three-strikes program.

In 2004, in Alameda County, African-Americans were only 14.61% of the population; we were 52.85 of all felony arrests. In contrast, 41% of the population was White and only represented 22% of all felony arrests.

In 2008, 55.0% of the inmates in Santa Rita Jail were African American, while only 18.1% were White. At that time, 12.2% of adult residents in the County were African American and 40.5% were White.

There is clearly a legacy of racial injustice in Alameda County. Yet, we can count the number of police officers criminally charged for criminal misconduct in Alameda County on one hand. When an officer who clearly abused his position and power and exploited a young girl is actually charged, no bail is his reward. Judge Carson’s decision adds “insult to injury.”

How do you feel about that? Feel free to post your comment here or at my Facebook page.