13 March 2012

March 13, 2012   Today's Stories

S.F. Sheriff Admits Domestic Violence Charge; Mayor to Decide on Future ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The criminal case against San Francisco Sheriff Ross Mirkarimi is winding down, but the political case against him may be only beginning, says the San Francisco Chronicle. Mirkarimi pleaded guilty yesterday to a misdemeanor charge of false imprisonment in connection with an incident in which he allegedly inflicted a bruise on his wife, Eliana Lopez, during a heated argument. In exchange, prosecutors dropped a domestic violence charge and two other misdemeanor counts filed against Mirkarimi in January, less than two weeks after he was sworn in as sheriff. Mirkarimi, 50, was still serving on the Board of Supervisors at the time of the New Year's Eve incident. Mirkarimi will be sentenced to three years' probation, one year of weekly domestic violence batterers classes, parenting classes, 100 hours of community service, and fines and court fees nearing $600. Now Mayor Ed Lee must decide whether to file official misconduct charges against Mirkarimi, which could result in his forced removal from office. "This clearly remains serious and troubling for our city. [ ] I understand the troubling nature that this guilty plea raises, given the sheriff's role in overseeing and incarcerating criminals in our county jails," Lee said. San Francisco Chronicle

Will Supreme Court Strike Down Teen Life Without Parole Sentences? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Next week, the U.S. Supreme Court hears arguments on whether mandatory life sentences are too cruel for juveniles. In the first of a 5-part series, MLive Media Group in Michigan examines what is at stake. Looking at the case of T. J. Tremble, who at 14 shot and killed an elderly couple and stole their car, the story asks whether, now 29, it is possible that he has changed in the second half of his life, or that he can change with more time? In a state with more "juvenile lifers" than almost any other, the answers will resonate throughout Michigan as the high court addresses whether life sentences, without a chance of parole, are unconstitutional even for juveniles who commit unthinkable crimes? If the court's earlier rulings are an indication, the answer could be yes. An Mlive Media Group investigation last November detailed how mandatory sentencing laws and get-tough reforms propelled Michigan near the top of the nation in juvenile lifers. Only Pennsylvania has more. Of nearly two dozen inmates profiled, several had not killed anyone, but were present. Sometimes the accomplices got more time than the killer, a quirk of mandatory sentencing laws, rejected pleas and juries. MLive Media Group

Denver's White: Civilians' Replacing Some Officers Could Save 20% ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Denver Police Chief Robert White said local residents could notice some changes at the department, starting with the front desk, the Denver Post reports. "I'd like to see a civilian at the desk," he said. "Right now, we have officers there." It is part of White's plan to add as many as 30 to 40 civilians to staff information desks, the crime scene investigation unit, and positions such as court liaison, inventory control, and photo radar. Civilians also could handle reports for incidents such as minor car crashes. White presented the reorganization plan, which he said could eventually result in 15 to 20 percent savings, to a City Council committee last week. The goal is to free up as many as 70 additional officers to patrol the city. White said the plan will create more opportunities for residents to work with police. "They're going to see more police officers," he said. "We're going to be more responsive." Denver Post

Houston Sues High-Crime Businesses; Going After Locations, Not People ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Houston police were called to the Los Reiles bar more than 100 times in the first seven weeks of this year to investigate complaints of assaults, robberies, and drug dealing in and outside the bar. Texas alcohol agents busted the place four times since June 2010. These and other infractions were cited in a lawsuit filed by Harris County Attorney Vince Ryan, part of a campaign to clean up local business where crime is rampant, says the Houston Chronicle. Using a little-known but powerful public nuisance law, Ryan has sued landlords of four Houston businesses where drug dealing, illegal alcohol sales, and violent crime had become rampant. "It's not our policy to go out and close down legal businesses. Our goal is to get businesses in compliance with the law," explained Assistant County Attorney Robert Soard. Soard's office is using civil suits to hold the owner responsible for what goes on at their property and avoids the complications of a criminal prosecution. There are no high-profile raids by police, but a reckoning with local judges who wield wide powers under the law and can limit public access to a property, cut off their utilities, or even cancel a lease. "You are actually going after locations, and not people. That means you can clean up the location, and not put people in jail," Soard said. "You're getting people to comply with the law. If they don't, they're shut down and they lose a lot of income.'' Houston Chronicle

Life for Fugitive-Hunting U.S. Marshals: Danger and Nuance ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Washington Post describes what it's like to be a U.S. marshal hunting fugitives, focusing on a 16-member squad. The deputies don't solve crimes, and they don't care whether fugitives are guilty; their job is to find them. They play an indispensable role in the criminal justice system. Murderers, rapists, armed robbers, prostitutes, drug dealers, defendants who skip court dates and reluctant witnesses - deputies chase them all. It's a dangerous job: two deputies were fatally shot serving warrants last year in Missouri and West Virginia. Aspects of the job are like what you see in movies like "The Fugitive." On almost every shift, it seems there is a requisite adrenaline-coursing rush of storming through a door, a high-speed pursuit, the use of high-tech tracking tools, and a good-cop/bad-cop routine that can be just as dramatic as the ones you see on "Law & Order." The work also is complex and nuanced. As the Post describes it, "it's combing databases to build a dossier on a "bandit," a term deputies have used to describe fugitives since at least the Wild West era; it's unspooling web upon web of lies; it's carefully finagling information from a fugitives' relatives; it's pre-dawn raids to catch a slumbering fugitive followed by frenetic day-long dashes across the region in search of six more; it's shivering in a stale-smelling government sedan during days-long stakeouts." Washington Post

How NY Judge Lippman Is Trying to Reform Juvenile Court System ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ When New York State created its family court system in 1962, the age of adult responsibility was arbitrarily set at 16 with the understanding that the legislature would quickly revisit the issue, says Stateline.org. Now, 50 years later, state Chief Judge Jonathan Lippman, is taking a two-pronged approach to changing the way New York handles the 50,000 16- and 17-year-olds arrested in the state each year. For the long term, he is pushing a legislative proposal designed by the state's sentencing commission to raise the age of criminal responsibility and set up adolescent courts to serve 16- and 17-year olds charged with nonviolent crimes. Most other states have juvenile courts, but none targets the 16- and 17-year-old population. In the meantime, Lippman is using the judiciary's administrative authority to set up experimental adolescent courts in all five boroughs of New York City, plus Long Island, Westchester County, Syracuse, and Buffalo. "I don't think our present system serves either public safety or life in our communities," Lippman told Stateline. "I think it's counter-productive and makes our children into hardened criminals rather than helping them lead meaningful lives." Stateline.org

Analysis Questions Whether San Diego Curfew Sweeps Cut Crime ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ There has been a dramatic rise in curfew enforcement by the San Diego Police Department. Police began conducting regular sweeps in 2008 and have since expanded their use to much of the city's urban core, reports the Voice of San Diego. In some neighborhoods, police have more than tripled curfew arrests in the last five years, forcing hundreds of children to pay fines, participate in weeks-long diversion courses, or fight police in court. All of it is done on an unproved hunch. When pushed to justify the arrests, police and elected leaders have claimed the sweeps are responsible for a recent drop in crime. They cite isolated crime statistics or anecdotes, but never an analysis of whether the program has actually been effective. Proponents argue that the program saves lives and prevents kids from becoming victims of violent crime. They've also argued it prevents kids from becoming perpetrators of crime by pulling them from a dangerous environment and educating them about the risks of staying out late. An analysis by voiceofsandiego.org challenges whether either of these claims are true. Neighborhoods without the sweeps have reported greater drops in crime in the last five years than those with them. Voice of San Diego

With High Addiction, OK Makes Employee Drug Testing Easier ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In a follow-up on high addiction rates in Oklahoma, The Oklahoman reports that drug abuse is estimated to cost U.S. employers $276 billion a year, and three-fourths, or 76 percent, of people with a drug or alcohol problem are employed. Employees coping with drug and alcohol abuse are less productive and more likely to waste time at work by taking long lunch breaks, leaving early, or sleeping on the job. They have increased health care expenses - costing their employers twice as much as other employees, says the Substance Abuse and Mental Health Services Administration. Drug testing and implementing a company Employee Assistance Program (known as EAP) are two ways employers control costs related to substance abuse. Amendments to the Oklahoma Workplace Drug and Alcohol Testing Act aim to give employers more latitude in drug testing employees and reduce their cost of unemployment insurance by denying claims to former workers who were let go for failing a drug test. Previously, employers could subject an individual worker to drug testing if the employer had reasonable suspicion. The amendments began "for cause" testing, expanding the circumstances leading to a drug test, including negative performance patterns and excessive or unexplained absenteeism or tardiness. The Oklahoman

CA Medical-Pot Stores in Legal Mess; High Court Must Sort it Out ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ When it comes to rulings on medical marijuana California courts have a case of multiple personality disorder, says the Sacramento Bee. A flurry of conflicting decisions by state appellate courts on whether cities can ban marijuana stores or be forced to allow them is setting up a landmark review by the California Supreme Court. The high court agreed to accept four cases involving marijuana dispensaries. Two more cases may be on the way, including the appeal of a Feb. 29 ruling that said cities can't ban cannabis stores but that such stores have to grow all of their pot on site, a requirement dispensaries say is impossible to satisfy. "It's chaos," said Dale Gieringer, California director for the National Organization for Reform of Marijuana Laws. "We're going to have to wait for the Supreme Court to sort this out." The legal confusion is growing as the federal government cracks down on marijuana providers. State appeals courts have differed on how the federal ban on marijuana should affect cities and counties in a state that permits medical use. One key ruling said federal law prevents cities from allowing dispensaries; another said it can't be used as an excuse to ban them. Sacramento Bee

MO Mom Accused of Assault; Hit Son's Supposed Heroin Supplier With Bat ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Sherrie Gavan of suburban St. Louis tried hard to protect her son from heroin, says the St. Louis Post-Dispatch. She confiscated his cellphone, sent him to live with relatives and enrolled him in a different high school. She drug tested him as many as three times a day and brought him with her to work. When those efforts failed, she drove to the home of a person she believed supplied the drug: 21-year-old Joshua Loyd. She wound up hitting him with an aluminum baseball bat. "I don't know if I can say that what I did was right," she said. "But it was the only thing I could do in the moment." Now Gavan faces a charge of third-degree assault. Last month, the Facebook page "Stand with Sherrie Gavan" sprang up anonymously. More than 335 people have given it a thumbs up. The case illustrates a common frustration for parents caught in the growing heroin epidemic: How to protect their children? St. Louis Post-Dispatch

Ohio Chief Quits After Officer Uses Taser on Accused Truant, 9 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Embattled Mount Sterling, Oh., police Chief Mike McCoy announced he will soon resign, though he insisted it has nothing to do with the fact that one of his officers shocked a 9-year-old boy twice with a Taser last week, reports the Columbus Dispatch. McCoy was placed on paid leave last week after he did not tell Mount Sterling Mayor Charlie Neff of the Taser incident. After a closed-door meeting between his attorney and village officials, McCoy read a statement that said the village's declining budget keeps him from doing his job. In the meantime, the entire part-time police force remains disbanded and the Madison County sheriff's office will patrol the village. The taser incident occurred after a town police officer went to the boy's home about 8:30 a.m. to serve a complaint for truancy.The boy, who weighs as much as 250 pounds, refused to cooperate. He begged his mother to let him go to school rather than with the officer, but she refused. The officer said that after the boy "dropped to the floor and became dead weight, he demonstrated the electrical current from the Taser into the air "as a show of force." Columbus Dispatch

Federal Inmates Test MP3 Players to Improve Entertainment Options ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ At a federal prison in southern West Virginia, hundreds of female inmates are taking part in a pilot program to bring the quality of entertainment behind bars into the 21st century, reports the Associated Press. More than 400 inmates have spent $70 apiece to buy an MP3 player at the Federal Prison Camp at Alderson, then 80 cents to $1.55 per song to customize their playlists from a database offering 1 million songs. Federal prisoners have been able to buy radios for decades. If the program works in West Virginia, it will be rolled out to other federal facilities in late spring or early summer. The maker of the music player says it is safer because cassette and CD players have motors, and CDs can be broken into sharp pieces. An MP3 player has no moving parts that can be used as weapons. In all, federal facilities house about 177,000 inmates, many of whom would be allowed to participate in the program unless they're in isolation or otherwise barred from using the in-house computers that store the music library. Keeping inmates busy helps promote safety particularly in overcrowded prisons where stress, conflict and the risk of violence is high. Associated Press/Cleveland Plain Dealer