January 30, 2012 Today's Stories |
| Occupy Protesters Vandalize Oakland City Hall; 400 Arrested ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Almost 400 people were arrested during a series of Occupy Oakland marches and protest actions Saturday that included a group breaking into and vandalizing City Hall, reports the Oakland Tribune. Mayor Jean Quan called the City Hall invasion "the crowning of the constant other vandalism we've had outside." Demonstrators broke an interior window, upended and damaged historic architecture models believed to be more than 100 years old, destroyed glass casings, stole and burned two American flags, and broke into fire sprinkler and elevator control rooms. Saturday marked the single largest number of arrests in one day since Occupy Oakland began in October, a culmination of what both sides agreed is an increasingly tense standoff between protesters and police. Saturday's clashes inspired solidarity marches yesterday by Occupy groups across the U.S., including those in New York City, Philadelphia, Denver, and Los Angeles. |
| High Court Case Raises Issues About Cellphone Tracking By Cops ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The two men who pointed a gun at the owner of a Denver-area convenience store and emptied the cash register Dec. 28 took the victim's iPhone. The next day, cops had one of the suspects in custody after AT&T sent investigators updates every 15 minutes showing the device's location in an apartment, says the Denver Post. As cellphone tracking becomes a more effective and relied-upon step in building criminal cases, the practice has pitted law enforcement against privacy advocates worried about turning the cellphone against its owner. At the heart of the debate is how police and prosecutors obtain information on a cell user's whereabouts. Should they be required to show fact-based probable cause, the standard that must be met to obtain a search warrant or meet some lower standard? The U.S. Supreme Court last week jolted the legal community when five of nine justices indicated that using cellphones to track people's movements in real time without a search warrant could violate Fourth Amendment protections against unlawful search and seizure. |
| Private GPS Use Rising; Is It "Electronic Stalking"? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tens of thousands of Americans are using Global Positioning System devices to track vehicles, which the Supreme Court said last week is a Fourth Amendment search issue for law enforcement, the New York Times reports. The easy tool for recording a person's every move is a powerful one that, when misused, amounts to "electronic stalking," private investigator John Nazarian of Los Angeles tells the newspaper. "That, to the victim, is just as terrifying as seeing your face in the window at night before they go to bed," he said. GPS trackers are increasingly being cited in cases of criminal stalking and civil violations of privacy. One use - by as many as 30,000 parents, one seller estimates - is to monitor the driving habits of teenagers; some devices send a text message when the car goes over a certain speed. California and Texas, unlike most states, ban many uses of GPS trackers without consent, with exceptions for law enforcement and car owners. Many private investigators follow the same rules to minimize the risks of civil litigation - that a tracked person could sue for violation of privacy. |
| How U.S. Crime Suspects Flee Abroad And Aren't Brought Back ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Jorge Montiel fled to his Mexican hometown after he was alleged to have raped and murdered a Georgia housewife in 2010. Federal agents tried to bring the international fugitive to justice, but something stood in the way: the cost, says the Chicago Tribune. When the U.S. Justice Department called Forsyth County, Ga., prosecutors to explain the complex U.S. extradition process and to say the county would have to pay for translation and other fees, "the decision was made by Forsyth County to discontinue that effort," said the FBI. Montiel became just another of the thousands of criminal suspects living with impunity in foreign countries even when federal authorities have identified their precise locations. After the Tribune exposed law enforcement failures that allowed more than 100 dangerous suspects to flee northern Illinois and remain free abroad, U.S. Attorney General Eric Holder vowed that the Justice Department would redouble efforts to return alleged murderers, rapists, and other violent fugitives to Illinois - and secured the pledge of his Mexican counterpart to make it happen. The flawed enforcement efforts are not unique to Chicago. The Tribune assembled the only public accounting of a fugitive apprehension program that government officials cloak in secrecy. |
| Prison Closings Could Kill Small Towns Like Boydton, Virginia ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As Boydton, Va., prepared for its 200th anniversary in February, it was blindsided by news the the state planned to close its Mecklenburg prison there, which houses about 730 inmates. The Washington Post says Boydton will lose 20 percent of its budget - revenue that comes from providing sewer services to the prison - and 300 jobs. Officials may have to lay off most of the town's workers, including its only police officer; triple some water rates; and cut back on trash pickups. More than $1.5 million in grants are in jeopardy. If the town does not get help from the state, it could go bankrupt and be dissolved. Boydton's bicentennial could turn into its wake. The story of Boydton is playing out in small towns across Virginia and around the nation. Many depressed rural communities welcomed prisons as sources of jobs and revenue. Budget woes and moves to jail fewer nonviolent offenders are leading states to mothball dozens of correctional facilities - an unexpected blow for communities already suffering from the recession. At least 13 states closed prisons in 2010. |
| Critic: CDC Sexual Violence Survey Exaggerated the Problem ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Christina Hoff Sommers of the American Enterprise Institute is questioning the new U.S. Centers for Disease Control and Prevention's National Intimate Partner and Sexual Violence Survey, which estimated that more than 1 in 3 women and 1 in 4 men have experienced rape, physical violence and/or stalking by an intimate partner in their lifetime." Sommers, writing in the Washington Post, notes that the CDC data "are wildly at odds with official crime statistics," sand accuses the agency of "defining sexual violence in impossibly elastic ways and then letting the surveyors, rather than subjects, determine what counted as an assault." An example offered by Sommers: Participants were asked if they had ever had sex because someone pressured them by "telling you lies, making promises about the future they knew were untrue?" All affirmative answers were counted as "sexual violence." |
| WI To Study Eliminating Preliminary Hearings; Defense Wary ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A new effort to streamline criminal prosecutions in Wisconsin takes aim at hearings once considered critical, but which some argue have morphed into costly, time-consuming tools for the defense: the preliminary examination, reports the Milwaukee Journal Sentinel. A Senate bill would allow all forms of hearsay at preliminary hearings and has rekindled talk of eliminating them - something the state's Judicial Council supports. Defense lawyers expressed concerns that the move could be the start of erosion of due process rights in the name of saving money. Preliminary hearings are not trials. They are statutory creations, not required by the state or federal constitutions. Most defendants either waive their right to the preliminary examination, or a judge finds sufficient probable cause to bind the defendant over for trial. Defense lawyers often use the hearings to get an early feeling for testimony from state witnesses, almost like taking a deposition. |
| After Violence, Memphis To Create Fed-State-Local Antigang Force ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ After a string of violent crimes by teen and adult gang members, Memphis is gearing up to mount its largest war on gangs, reports the Memphis Commercial Appeal. For the first time, local, state and federal law enforcement and prosecutors are teaming to create a multijurisdictional gang task force. "We want to roll this out as soon as possible, but we want to be successful the first time," said U.S. Attorney Ed Stanton. "Egos have been checked at the door. We all want something that is going to be meaningful, effective and efficient." Federal agents with the FBI, U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives, have agreed to participate. Members of Memphis Police Department's Gang Unit say they're anxious for reinforcements. "With us just having a 12-man unit, we're spread thin," said unit supervisor Lt. Anthony Carter. |
| Chairman Issa Raises Questions on DEA Money-Laundering Probes ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ U.S. Rep. Darrell Issa (R-CA), chairman of the House Committee on Oversight and Government Reform, is raising questions about how the Drug Enforcement Administration conducts its undercover money-laundering investigations and whether those operations cross the line between fighting and facilitating crime, reports the New York Times. Issa, writing to Attorney General Eric Holder, accused the Justice Department of dragging its feet in responding to his request more than a month ago for a briefing on the operations, which allow DEA agents to pose as money launderers and smugglers to infiltrate drug-trafficking organizations. Issa said he was concerned about whether there was sufficient oversight of the operations. He said an inquiry by his office had revealed evidence of potential impropriety, including the arrests of two American pilots who were held in a Panamanian jail for seven months. |
| Bal. Police: New Training, Discipline Heads Will Restore Confidence ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Baltimore police officials say their new heads of training and internal discipline - hires from outside the department - will help restore public trust in an agency marred by corruption and a "friendly-fire" incident in which an officer was killed, reports the Baltimore Sun. The additions of a former federal drug agent and a veteran police commander from Montgomery County, Md., prove his department is serious about improving, said Police Commissioner Frederick Bealefeld. "We know we have in some areas, in some communities, and with some officers, an estranged, broken relationship," Bealefeld said. "I'm relying on these two." Bealefeld said Grayling Williams, the new head of the Internal Investigation Division, which handles complaints of abuse, excessive force, and other improprieties on the 3,100-member force, will put a public face on efforts to regain credibility. The hires, made with input from a state police training commission and an advisory board of citizens who help investigate officer misconduct, came incidents last year that threatened confidence in the department |
| Son of NYPD Commissioner Kelly Accused of Rape ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ New York Police Commissioner Raymond Kelly was on the defensive two days after reports surfaced that a paralegal accused his son Greg, 43, of rape, reports the New York Daily News. The woman, 30, asserted that at the end of a boozy date on Oct. 8, she led Kelly, a Fox TV newsman, to her Wall Street-area law office, where she was raped while in a drunken stupor. She told investigators she got pregnant and had an abortion. The Manhattan District Attorney's office, which has seen two headline grabbing rape cases fall apart recently, will make sure they have the goods on Kelly before they charge him in the case, experts said. Defense attorney Joseph Tacopina said the fact that the woman waited three months to report the alleged rape is bound to give prosecutors pause. The woman's claim she was drunk - and that Greg Kelly took advantage of her - will make prosecutors even more reluctant to press the case, he said. |
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27 Jan 2012
Jan. 27, 2012 Today's Stories |
| CIA Pulls Its Agent From Unusual Long Assignment With NYPD ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A CIA operative's unusual assignment inside the New York Police Department is being cut short after an internal investigation that criticized how the agency established its unprecedented collaboration with city police, The Associated Press reports. In its investigation, the CIA's inspector general faulted the agency for sending an officer to New York with little oversight after the Sept. 11, 2001, terrorist attacks and then leaving him there too long, according to officials who have read or been briefed on the inquiry. The CIA said last month that the inspector general cleared the agency of any wrongdoing. The inspector general opened its investigation after a series of AP articles that revealed how the NYPD, working in close collaboration with the CIA, set up spying operations that put Muslim communities under scrutiny. Plainclothes officers known as "rakers" eavesdropped in businesses, and Muslims not suspected of any wrongdoing were put in intelligence databases. |
| Review of Incident 'Memos' Casts Doubt on Crime Drop in Memphis ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Memphis Police Department officials believe thousands of crimes over a five-year period were described in "memos" but never included in official crime statistics, reports the city's Commercial Appeal. Police Director Toney Armstrong said MPD officials discovered 79,000 memos written by officers from January 2006 through July 2011, many of which could have been criminal reports or investigations. He said the discrepancy was "brought to my attention" after he took the job in April 2011. Armstrong said officers can write memos when there isn't enough information at the time of an initial investigation, but a review of the memos showed hundreds, possibly thousands, should have been upgraded. He said a sample of 20,000 memos from 2010 indicated that about one in every 15 should have been upgraded to a crime report, which would have then been included in crime statistics. The discovery could cast doubt on the crime-reduction numbers the department claimed under former police director Larry Godwin. |
| Spate of Shootings Reported Under Missouri 'Castle Doctrine' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Law enforcers in St. Louis are trying to navigate their way through the state "castle doctrine" law after several cases in which homeowners have shot and killed intruders, reports the Post-Dispatch. Supporters say the law is working, but not all cases are clear-cut, and authorities have struggled with the evolving law. Within 72 hours in September, two burglars were fatally shot in homes on opposite ends of St. Louis. Police said both homeowners were justified. And in early December, an off-duty Beverly Hills detective who lives in St. Louis shot a burglar to death under nearly identical circumstances. In total, there were seven fatal shootings that involved the castle doctrine or other self-defense laws in St. Louis last year, compared with two in 2010. St. Louis police are changing how they handle apparent justifiable homicide cases in response to the spate of such shootings. In the past, detectives and supervisors in the St. Louis Police Department's homicide unit who thought a homicide was justified would call prosecutors to run it by them, to make sure they agreed. Now every case will undergo a more formal review by the St. Louis circuit attorney's office. |
| New Orleans Police Turn to Private Security Cams for Evidence ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Although New Orleans has scrapped its oft-ridiculed public crime camera system, police detectives are increasingly turning to private security cameras to catch images of villains in the act, reports the Times-Picayune. Since last summer, the nonprofit ProjectNOLA has donated 75 high-definition cameras to homeowners in high-crime areas, on the condition that they be aimed at the street. The nonprofit group's volunteers already monitor crime scanners, but now they can link remotely to any camera in the area and send fresh footage via cell phone to detectives. ProjectNOLA founder Bryan Lagarde, a former police officer and district attorney's office employee, started ProjectNOLA because he "got sick of telling crime victims, 'Sorry, we have no evidence.'"Other cities, such as Chicago and Atlanta, combine public-private systems more formally, by compiling maps of all private surveillance systems or creating integrated systems that allow police departments, under certain conditions, to view live footage from thousands of private systems. |
| Amid Budget Crunch, Washington Scrutinizes Sex Offender Finances ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A little-known state agency says it can save the state $1 million a year by overseeing defense costs for Washington's troubled civil-commitment program that locks up the most dangerous sex offenders, reports the Seattle Times in its "Price of Protection" series. The state Office of Public Defense said providing centralized financial oversight and eliminating hourly billing by defense attorneys would lead to the savings. The Times found the state has little control over its $12 million a year in legal bills spent to keep sex offenders detained beyond prison. Offenders facing civil commitment routinely postpone their trials for years, driving up costs and wasting state money. State lawmakers, pressed to close a $1.5 billion budget shortfall, will consider OPD's proposals during the legislative session. |
| Federal Gun Law Proposal Raises Debate in Tennessee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Tennessean reports on Tennessee's gun laws--"or the lack thereof." It is one of 34 states that don't require any background checks for private sales of firearms, even if the sale is handled by an online site. But now, the group Mayors Against Illegal Guns is calling for the federal government to mandate background checks in all gun sales. It's sparked an emotional debate that even divides gun-rights advocates. Opponents decry the idea as an affront to individual freedoms and say citizens should be able to sell private property without government interference. But supporters argue that guns sales should require more accountability on the part of the seller and the buyer to reduce the chances that a gun will fall into the wrong hands. New York City Mayor Michael Bloomberg, who helped organize the Mayors Against Illegal Guns coalition, recently released a report criticizing Tennessee, among other states, for having buyers willing to sell guns to people they knew could not pass a background check. |
| Times Columnist Questions NYPD Commissioner's 'Trust Me' Policy ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Writing in the New York Times, columnist Jim Dwyer says that the NYPD's explanation of its involvement in a controversial film about Muslims "has been contaminated with official falsehoods." The police first said that only a few officers were shown the film and that the department had not cooperated with the filmmakers; it turned out that 1,400 officers saw it and that Police Commission Raymond Kelly gave a 90-minute interview for the project. Dwyer writes, "No one has given a straight, plausible story to explain how a piece of agitprop wound up being screened in a police training facility for months." He notes that since 9/11 police have enjoyed vastly expanded powers to conduct surveillance. "In effect, a federal court was asked to trust the police not to abuse that power or infringe on people's rights," Dwyer writes. "In opinion polls, Mr. Kelly has proven to be among the city's most popular public officials, and he seemed to enjoy the confidence of a majority of New Yorkers. Yet Mr. Kelly is not going to be police commissioner forever, and 'trust me' is not a policy that can work forever." |
| Two Cases Illustrate the 'Defying Logic' of Heroin Addiction ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Pittsburgh Post-Gazette tells two stories of heroin addiction. Based on the drug's low prices, high potency and widespread availability -- from the inner city to tony suburbs -- the threat has never been more manifest. "The power of addiction is very strong," said Neil Capretto, medical director at Gateway Rehabilitation Center. "It happens to good people but the drug doesn't care." In one case, a young white woman originally from an affluent suburb of Austin, Texas, now living in Pennsylvania. Her sister died of a heroin overdose, she herself almost died three times, and now has sworn off the drug. In another case, a 59-year-old black former steel worker with a long criminal record is trying to stop using heroin for the fifth time. Says Dr. Capretto, "He's a good guy, he's a smart guy but he's a human. This drug gets ahold of you and it defies logic. It sends signals to your brain that override your survival mechanism and say 'You need this drug.' " |
| Baltimore Warrant Sweep Leads to 2,200 Violent-Offender Arrests ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A coordinated state and local initiative in the Baltimore area to arrest violent offenders wanted on warrants has led to apprehension of 2,200 people since last summer, reports the city's Sun. The operation was funded with $500,000 in federal grants from the Governor's Office of Crime Control & Prevention. Homicides declined in Baltimore by about 7 percent in 2011. e if new information is produced on suspicious deaths in 2011. No one argues a cause-and-effect link can be made between the arrests and the drop in homicides, and no list has been compiled showing how long these offenders were in jail after their arrests. But Kristen Mahoney, the agency's executive director, said that arresting violent offenders helps reduce violent crime and that she wants to use the approach again. "If you remove 2,100 violent offenders off the street in a seven-month period, you're going to have a pretty big sea change" in violent crime, Mahoney said. |
| California Speed-Trap Town Dissolves Its Police Department ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Faced with crushing bills, a tiny California town that became infamous for aggressive law enforcement has eliminated its police department, reports the Los Angeles Times. "Maricopa just does not have the money to run a professional department," said Eric Ziegler, a retired city manager who advises the City Council. "It wasn't because of any particular feeling that there had been wrongdoing." Officials in the town of 1,200 are considering the sale of the department's last remnants: four patrol vehicles - all bought used years ago - and two motorcycles. The department had two full-time employees and about 20 uniformed volunteers - mostly veterans of other departments or younger people looking to land their first law enforcement jobs. Over the last couple of years, the oil town 40 miles southwest of Bakersfield became known as a speed trap. Officers pulled drivers over for infractions such as cracked windshields and unlighted license plates. In a scathing report last June, the Kern County grand jury accused police of targeting Latino motorists in hopes of seizing vehicles from unlicensed, undocumented immigrants. The panel urged the 100-year-old city to pull the plug on its police department. Earlier this month, Maricopa decided to contract out its law enforcement responsibilities to the Kern County Sheriff's Department. |
| WA Senator Targets Death Penalty, Though Prospects Seem Dim ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Legislative hearings are usually not matters of life and death. But such was the case Wednesday in Olympia, when Washington legislators heard testimony on a bill to abolish the death penalty, reports the Oregonian. Dozens of people showed up for a Senate Judiciary Committee meeting to speak or listen to testimony on Sen. Debbie Regala's bill. If the bill passes, Washington will follow in the steps of Oregon, where Gov. John Kitzhaber recently put a moratorium on the death penalty. The legislators heard testimony from attorneys, professors, religious leaders and even a man who sat on death row for 23 years before Gov. Chris Gregoire granted him clemency. No one spoke against Regala's bill. However, the prospects for Regala's proposal seem dim this year, especially in a key House committee. Tacoma Rep. Steve Kirby says he will withhold his vote, effectively blocking it unless his fellow Democrats can persuade a Republican to join them. |
| America's Aging Prison Population an Approaching 'Silver Tsunami' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The aging prison population in the U.S. is a "silver tsunami" heading our way, according to a new Human Rights Watch report. The fastest-growing population in federal and state prisons are those 55 and older, a trend that is forcing cash-strapped local governments to wrestle with the growing cost of caring for the aging inmates. Some experts are pushing states to take the controversial step of releasing certain older prisoners before their sentences are up. The report says the number of state and federal prisoners 55 or over nearly quadrupled to 124,400 between 1995 and 2010, while the prison population as a whole grew by only 42%. Some legal experts cite the drug wars of the 1980s and 1990s, which sent away thousands of young men to decades-long prison sentences. In addition, tougher sentencing laws, including the abolition of parole in many states and the advent of three-strikes-you're-out laws in others, have fueled the growth in the overall prison population. At current rates, a third of all prisoners will be 50 or older by 2030, according to a study to be released next month by the American Civil Liberties Union. |
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26 Jan 2012
Jan. 26, 2012 Today's Stories |
| Report: Texas Supreme Court Favors Corporations Over Consumers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In the last 10 years, the majority of Texas Supreme Court decisions have favored corporate interests over consumers, and the panel of judges has repeatedly overstepped its authority by overturning jury verdicts and interpreting the law to benefit the rich, according to a scathing report set to be released today by consumer advocacy group Texas Watch and reported by the Texas Tribune. "The Texas Supreme Court has marched in lock-step to consistently and overwhelmingly reward corporate defendants and the government at the expense of Texas families," the report says. Texas Watch says in its study, which reviewed court decisions in more than 624 cases in the past 10 years, that the trend started when Gov. Rick Perry began appointing Supreme Court justices in 2000. The report argues that data from court rulings shows that Perry's appointees "corporatized the court." But the court, a former justice and conservative groups disagree with the report's conclusions, arguing that a statistical analysis doesn't provide enough context. The state's highest civil court ruled in favor of defendants - mostly corporations and government entities - in about 74 percent of the 624 consumer cases brought before the panel in the last decade, according to the report. Alex Winslow, executive director of Texas Watch, said the high court's nine justices, who are all Republicans, are too similar to one another. Many represented corporations in court before they became justices, and 85 percent of the time, they agreed with one another. |
| WSJ Profiles Con Man Behind the Sting That Cost Google $500 Million ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Wall Street Journal tells the story of David Whitaker, a federal prisoner and convicted con artist, who during four months in 2009 was the lead actor in a government sting targeting Google Inc. that yielded one of the largest business forfeitures in U.S. history. Whitaker posed as an agent for online drug dealers in dozens of recorded phone calls and email exchanges with Google sales executives, spending $200,000 in government money for ads selling narcotics, steroids and other controlled substances. "There was a part of me that felt bad," Mr. Whitaker wrote in his account of the undercover operation viewed by The Wall Street Journal. "I had grown to like these people." But, he said, "I took ease in knowing they..knew it was wrong." The government built its criminal case against Google using money, aliases and fake companies-tactics often used against drug cartels and other crime syndicates. Google agreed to pay a $500 million forfeiture last summer in a settlement to avoid prosecution for aiding illegal online pharmaceutical sales. Google acknowledged in the settlement that it had improperly and knowingly assisted online pharmacy advertisers allegedly based in Canada. |
| Judge Wants Faster Commitment for Incompetent TX Prisoners ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Texas routinely violates the constitutional rights of mentally incompetent prisoners by forcing them to stay in jail for up to six months before moving them to psychiatric hospitals, a judge ruled this week. State District Judge Orlinda Naranjo ruled that the Department of State Health Services must start moving "forensic commitments" - people accused of crimes who have been ruled incompetent to stand trial because of mental illness - to state psychiatric hospitals within 21 days of receiving a judge's order, reports the Austin American-Statesman. Over the past two years , the average prisoner spent six months in jail waiting for a hospital bed, the ruling states. "Keeping incompetent pretrial criminal defendants confined in county jail for unreasonable periods of time violates the incompetent detainees' due process rights as guaranteed by the Texas Constitution," Naranjo wrote. The ruling stems from a 2007 lawsuit filed by Disability Rights Texas, a federally funded organization that advocates for people with disabilities, including mental illness. |
| Study: Missouri Again Leads U.S. in Number of Black Homicide Victims ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For the second year in a row, Missouri leads the nation in the rate of black homicide victims, according to an study by the Violence Policy Center reported by the Kansas City Star. It is the third time in the last five years that Missouri has topped the list. Missouri's rate of 34.72 homicides per 100,000 black residents in the study year of 2009 is almost double the national black homicide victim rate of 17.90. The national rate for whites is 2.92 homicides per 100,000 people. If there is any positive news in the report, it's that Missouri's nation-leading rate decreased from the year before when it led the country with 39.90 homicides per 100,000 black residents. Kansas ranked 12th nationally with a rate of 20.04 per 100,000 population. In St. Louis, blacks were victims in 125 of the 143 homicides in 2009. Of Kansas City's 110 homicides in 2009, there were 81 black victims. Kansas City Police Chief Darryl Forté said the factors contributing to violent crime are multifaceted and require a multifaceted effort to combat it. "It's not singularly a parent issue. It's not singularly a law enforcement issue. It's an issue for the entire community," he said. |
| California Jails Target Recividism Under Realignment Program ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ California's "realignment" program to reduce overcrowding in state prisons has already brought changes to how county jails are dealing with inmates, reports Stateline. "Before realignment," says Chief Deputy Sheriff Kevin Zimmermann, "we'd incarcerate offenders, provide minimal education as required by the state, and then send them on their way. The focus is very different now because the focus of realignment is reducing recidivism..we only have so many beds, so it's in our best interest that they don't come back." Democratic Governor Jerry Brown's plan to sentence non-violent, non-sexual, and non-serious offenders to serve their sentences in county jails rather than in state prison was developed to comply with a U.S. Supreme Court order declaring overcrowded conditions in the state prisons unconstitutional, and it was put together quickly in the spring and summer of 2011 during the state's budgeting process, without much public debate or study. Each county had to be ready by October with a plan for how to handle its new influx of inmates. |
| Amid Rancor, Florida Legislators Fast-Track Prison Privatization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As emotions run high, lawmakers are again fast-tracking privatization of South Florida prisons while the state rushes to shut down seven others, an economic and political one-two punch that is creating anger and anxiety statewide, reports the Miami Herald. The Senate Budget Committee voted 13-5 Wednesday to fast-track privatization of prisons in the southern tier of the state. Correctional officers who were not allowed to testify shouted "Shame, Shame!" as security personnel hovered near lawmakers. Republican lawmakers are determined to overcome a judge's rejection of last year's privatization plan and pass a plan that can survive legal scrutiny. The current proposal, which would amount to the largest expansion of prison privatization in the country, would replace the state with for-profit vendors at 30 prisons in 18 South Florida counties. Only the South Florida Reception Center in Miami-Dade County, a point of entry for inmates, would remain state-run. For-profit prison vendors would be required to run prisons at a cost of at least 7 percent less than what state-run prisons cost taxpayers. Opponents say the savings would be outweighed by the loss of jobs, economic dislocation and lack of accountability. |
| Vera Report: Prison Costs Are 14% More Than Budgets Reflect ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ State taxpayers pay, on average, 14 percent more on prisons than corrections department budgets reflect, according to a new report by the Vera Institute of Justice. The report, "The Price of Prisons: What Incarceration Costs Taxpayers," found that among the 40 states that responded to a survey, the total fiscal year 2010 taxpayer cost of prisons was $38.8 billion, $5.4 billion more than in state corrections budgets for that year. When all costs are considered, the annual average taxpayer cost in these states was $31,166 per inmate. Vera says the report marks the first time these costs have been quantified for prisons across the states. To calculate the total price of prisons, Vera developed a survey tool that tallied costs outside corrections budgets. The most common of these costs were fringe benefits, underfunded contributions for corrections employees' pension and retiree health care plans, inmate health care, capital projects, legal costs, and inmate education and training. The scale of the expenditures outside of corrections departments ranged from less than 1 percent of the total cost of Arizona's prison budget to as much as 34 percent in Connecticut. |
| GA Supreme Court Judge Urges Lawmakers to Reform Juvenile Justice ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The chief justice of Georgia's Supreme Court urged lawmakers to overhaul its juvenile justice system in the same way state leaders have proposed focusing more heavily on rehabilitating rather than jailing nonviolent adult offenders, reports the Associated Press. Chief Justice Carol Hunstein made the comments Wednesday in her annual State of the Judiciary address. She said that putting nonviolent youth offenders into juvenile jails increases the likelihood they will commit crimes in the future, wastes public money and exposes them to violence and abuse. State funding cuts have limited access to mental health and child welfare services along with group homes, Hunstein said. As a result, she said juvenile judges sometimes face the choice of sending young offenders to lock-up facilities or sending them home "to get nothing at all." She cited statistics from the Department of Juvenile Justice showing that in the past three years, nearly two-thirds of the roughly 10,000 incarcerated young people have substance abuse problems. More than one-third had mental health problems. "As with adults, we have learned that our get-tough tactics have failed to scare juvenile offenders straight," Hunstein said. |
| More Than 100 Arrested in Big Gang 'Take-Down' in San Diego ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Authorities arrested more than 100 suspected gang members in San Diego Wednesday, reports the city's Union-Tribune. They face racketeering and other charges in a series of sweeping federal indictments. U.S. Attorney Laura Duffy called it the largest single take-down of gang members in memory. The early-morning arrests were made by members of local and federal law enforcement agencies. Fifteen members named in indictments or criminal complaints remain at large. Among those arrested are two high-ranking members of the Mexican Mafia, the prison-based gang that Duffy said controls street gang activities in huge chunks of the county. Also arrested were as many as eight "shot callers," or street gang leaders, who sell drugs and also collect "taxes" that are funneled to Mexican Mafia leaders. The arrests were the product of three separate investigations conducted in North County, East County and central San Diego, Duffy said. The probes lasted more than year and involved extensive wiretaps. The defendants are accused of crimes including drug sales, extortion, assaults and attempted murders. |
| Trenton Mayor Gets Tepid Reaction to New Public Safety Plan ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ One day after Trenton Mayor Tony Mack announced his comprehensive public safety plan, the city's police unions, crime watch group, and police commanders took issue with portions of the strategy as questions remained as to how the goals would be implemented and funded, reports the Times of Trenton. In a department reeling from layoffs and budget cuts, a plan to put all available officers to work for 48 hours, for example, would quickly drain the shrinking overtime budget, Capt. Fred Reister said. Mack said the "All Hands on Deck" initiative would allow officers to be recalled during spikes in crime. Trenton laid off one-third of its police officers last September, and since then has struggled to keep manpower levels on the street up. Yesterday, Mack stood by the plan, but added it was a work in progress. "If somebody can present something better, it can be changed," he said. "I think it's a great opportunity for us to solve a major issue in our city, and everyone I've spoken to today is excited about the comprehensive approach we're taking and excited about the positive outcome." |
| As Mental Health Calls Rise, Minnesota Adds More Officer Training ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As mental health calls to police and social service groups increase, law enforcement agencies are investing in extra training to help officers untangle situations ranging from erratic behavior to drug overdoses to suicide attempts, reports the Minneapolis Star Tribune. The paper said some counties have seen mental health 911 calls, including suicides and attempts, increase by more than 25 percent in the past two years. There's no clear explanation for the increase, but theories include unemployment and financial stress, the struggles of returning military veterans and lack of access to mental health services. Jon Roesler, a state Health Department epidemiology supervisor, said greater access to powerful anti-depressants and painkillers may contribute to higher suicide rates and more drug overdose calls. Other sources said social changes may be a factor, including the isolation of technology, where families are communicating electronically rather than face to face. |
| Appeals Court Panel Hears Case of HIV-Positive Man Rejected as Cop ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A panel of federal judges appeared skeptical Wednesday of the Atlanta police department's decision to reject a job application from an HIV-infected man, reports the Atlanta Journal and Constitution. The 40-year-old man sued the city in 2010, claiming he was denied a police officer job solely because he has the virus. Atlanta attorneys argued there are other officers on the force with HIV, and said the police department does not have a blanket policy disqualifying candidates with the virus. Gay rights groups and police agencies are closely following the case closely. One of the three judges signaled the lawsuit would likely be sent back to a lower judge to reconsider."I don't see how we can avoid a remand in this case," Circuit Judge R. Lanier Anderson said. The judges will issue a ruling later. The man sued under the pseudonym Richard Roe and has requested anonymity because he believes his medical condition could prevent him from other job opportunities. He said in an interview he was a former criminal investigator with the city of Los Angeles who discovered he had HIV in 1997, but that it didn't hinder his ability to perform his duties. |
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Wednesday, January 25, 2012
25 Jan 2012
Jan. 25, 2012 Today's Stories |
| Four CT 'Bullies With Badges' Charged for Treatment of Latinos ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A small group of East Haven, Conn., police officers who worked together on the evening shift were arrested Tuesday following a long federal investigation and charged with terrorizing Latinos in their town. Federal authorities called them "bullies with badges," and the indictment against them alleges a long list of crimes ranging from excessive force to obstructing justice, reports the Hartford Courant. The four were "allegedly formed a cancerous cadre that routinely deprived East Haven residents of their civil rights," said Janice K. Fedarcyk, assistant director-in-charge of the New York office of the FBI. The investigation was prompted by a video recording of an encounter between some of the officers arrested Tuesday and the Rev. James Manship, pastor of St. Rose of Lima Church in New Haven. The federal probe found a pattern of discrimination by police, particularly against Latino residents. Connecticut's U.S. Attorney, David B. Fein, said more arrests and additional charges could be forthcoming. |
| New Firearms Law Prompts Some OH Businesses to Turn Away Gun-Toters ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A no-guns movement by some Ohio businesses has prompted conflict over a new state law that allows customers to carry firearms into restaurants and bars, as long as they don't consume alcohol. The Columbus Dispatch says some business owners feel that they're losing their right to a weapon-free zone. Some are posting signs to turn away gun-toters with messages such as, "Do Not Patronize if Armed." Columbus alone has 300 establishments with the signs, according to the Ohioans for Concealed Carry data. In the suburbs, 29 businesses in Dublin, 20 in Westerville, 17 in Hilliard and 11 in Worthington ban firearms. Jake's Restaurant in Mount Vernon put up its sign in the fall, a few weeks after the law took effect in August. It reads: "All weapons including concealed firearms are prohibited on these premises." "We felt the need to say, 'Hey, we still don't see the need to bring weapons in,' " said Amy Baldner, general manager. Some gun owners are offended by the signs, and they are letting owners know. "We've had some very angry people, and they actually leave," said Baldner. |
| Judicial Civil War Displays Unseemly Side of California Courts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As the legislature reconvened this month, California's judges resumed their civil war over money and power, reports the Sacramento Bee. It pits Chief Justice Tani Cantil-Sakauye and the State Judicial Council, along with one faction of trial and appellate judges, against a rebellious faction, organized as the Alliance of California Judges, over how to allocate pain as the courts adjust to reduced financing. An early political test for the combatants is Assembly Bill 1208, a rebel-sponsored bill that faces a deadline this week for approval. The measure, which would strengthen the authority of local judges, has been stalled for months as both sides ramped up their lobbying. For a profession that places high value on decorum and what's called "judicial demeanor," the public and private politicking has gotten downright nasty at times, with the contending factions exchanging accusations of bad conduct. The rebel alliance has produced a 20-page white paper that lays out in detail what it regards as misappropriation of operational funds for the courts that leaves them unable to cope with criminal and civil business. |
| CA Counties Amend Bail Policies to Key on Risk, Not Finances ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Some California counties are changing long-held policies about who must remain in jail while awaiting trial, allowing judges to free criminal defendants based not on whether they can afford bail but whether they're a risk to public safety, reports the San Francisco Chronicle. Public policy experts say the shift is overdue, given the crowded conditions at many county jails and a new law that is filling them with convicts who in the past would have served time in state prisons. Most prisoners in California county jails are pretrial detainees being held because they can't meet the financial conditions set by the court, said Tim Murray of the nonprofit Pretrial Justice Institute. So instead of basing a person's release solely on their ability to pay a bail amount, some counties are allowing law enforcement authorities - often probation officers - to conduct pretrial risk assessments. The tests gauge a person's likelihood of committing another crime if they are released and are increasingly being used as a tool to help judges decide whether a person should stay in jail while awaiting trial. Some counties use the assessments as an alternative to bail, while others use the tests to help decide the bail amount. |
| In Reversal, NYPD's Kelly Admits Role in Anti-Muslim Documentary ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In a reversal of earlier comments, New York Police Commissioner Raymond Kelly acknowledged that he cooperated with the makers of "The Third Jihad," a controversial film that was shown to more than 1,400 NYPD officers in 2010. A spokesman had said Kelly's appearance in the film was from recycled interviews, but he said Tuesday the commissioner had sat for an interview-a decision he now describes as a mistake. The film says the goal of "much of Muslim leadership here in America" is to "infiltrate and dominate" the United States. Kelly amended his earlier comments when the film's producer, Raphael Shore, provided details about a 90-minute interview with the commissioner at Police Headquarters on March 19, 2007. Mayor Michael Bloomberg said Tuesday that whoever showed the film to city police officers during training "exercised some terrible judgment." |
| Stats Reveal High Rate of Homicide Among DC's Juvenile Wards ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ More than 50 youths in the custody of Washington, D.C.'s juvenile justice agency either have been killed or found guilty of killing someone else over the past five years, and most of them had been categorized in advance as posing a substantial risk of reoffending, reports the Washington Times. Hundreds of other youths with similar risk factors remain on city streets, according to figures from the Department of Youth Rehabilitation Services, because the agency says it lacks secure facilities to hold them and because officials think confining them jeopardizes their chances for rehabilitation. Statistics provided by the agency in response to a Freedom of Information Act request show that 19 "wards" - juveniles who commit crimes and are placed in the agency's custody - have been convicted in homicide cases since 2007. An additional 34 wards were victims of homicides over the same period. City officials said separate statistics show that 39 youths have faced homicide charges with dispositions that are pending or include convictions, acquittals, dismissals or guilty pleas since 2009. |
| AZ Lawmakers' Agenda Includes Many Bills Aimed to Protect Children ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Arizona lawmakers get their first look today at a raft of bills aimed at improving the state's Child Protective Services after a gubernatorial task force was formed in the wake of several high-profile child deaths last summer, reports the Arizona Republic. Two committees will hear the bills, which include proposals to develop a special committee to oversee CPS reforms and look into privatizing the agency, provide grandparents a stipend for raising their grandchildren, and require group homes to provide teens with life-skills training. The bills are among dozens of reforms to Arizona's child-welfare system planned in the coming months. But it remains to be seen whether the efforts -- which focus on what happens after CPS receives a report -- will reduce CPS caseloads, slow the steady rise in the number of foster children or improve the safety of children. Rep. Terri Proud, R-Tucson, said the Department of Economic Security, which oversees CPS, is the only state agency without an oversight committee. Under House Bill 2249, a 13-member committee would look for ways to improve CPS and investigate privatization efforts in other states. |
| Legislative Proposals in NH, TN Set Sights on 'Activist Judges' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Frustrated by "activist judges," lawmakers in New Hampshire and Tennessee have proposed bills that would end the judicial branch's ability to rule on the constitutionality of legislation, reports Stateline. Mae Beavers, a Republican state senator in Tennessee, was the lead sponsored of a proposal to limit the judiciary, saying it had "overstepped their bounds." But she withdrew the bill this week under criticism from members of both parties, including the Republican Senate speaker Ron Ramsey, according to the Tennessean. Meanwhile in New Hampshire, a feud between the state judiciary and House Republicans reached a peak last October. The state Supreme Court had issued an advisory opinion that the legislature did not have the power to force the attorney general to join a multi-state lawsuit against the federal health care overhaul. The House then overwhelmingly passed a resolution repudiating the court's opinion. A new bill would amend the state Constitution so that "the supreme court shall determine the constitutionality of judicial acts and the legislature shall determine the constitutionality of legislative acts." |
| Battle Over Judgeships Brings Virginia Senate to a Standstill ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A partisan battle over judicial appointments left the Virginia Senate at a standstill Tuesday, with members prevented by procedural rules from voting on any legislation or even conducting committee meetings until the matter was resolved, reports the Washington Post. The House of Delegates and Senate eventually found a way out of the impasse, at least for the next few days, by postponing the matter until Thursday. But Senate Minority Leader Richard L. Saslaw (D-Fairfax) indicated that Democrats would continue to flex whatever muscle they had left after this month's GOP takeover by opposing all new judicial nominations. The heated showdown - coming just weeks into the session and over two judicial nominees not considered the least bit controversial - raised concerns that it will be a rocky session for Richmond's evenly split upper chamber. "This is a residual consequence of bruised political egos," said Senate Majority Leader Thomas K. Norment (R-James City), suggesting that Democrats were using "political extortion" to get back at Republicans after they declined to share power in the 20-20 chamber. |
| Civil Liberties Group Urges Caution in Call to Expand DNA Testing in NY ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A number of sheriffs and district attorneys have joined New York Gov. Andrew Cuomo in supporting a legislative proposal to expand the state's DNA databank, reports the Albany Times Union. ing the state DNA databank. If the Legislature passes the measure, New York would be the first state to take DNA samples from everyone convicted of a misdemeanor or felony. But Robert Perry of the New York Civil Liberties Union said the potential for error and fraud is great, given the problems that already exist with the databank. "There have been a number of developments that should give policy makers pause, including familial searching based on a partial matches; unauthorized use of DNA by local labs and rogue databanks that maintain samples from people who have not been charged with a crime," Perry said. |
| Blogger Says Syracuse Newspaper Dropped Ball in Probe of Coach ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The sexual abuse allegations against former Syracuse University basketball coach Bernie Fine raise the question of when--if ever-it is appropriate for the media to share evidence with prosecutors, legal journalist and former prosecutor Robin L. Barton writes in a blog for The Crime Report. The Syracuse Post-Standard had detailed information about the allegations dating to nearly a decade ago. But in the spring of 2003 after a six-month investigation, the paper declined to publish a story on the accusations. It also didn't bring any of the evidence it had gathered to the attention of the authorities. Barton writes, "As a journalist, I agree that the media isn't and can't be seen as an investigative arm of the police. But as a former prosecutor, I find it troubling that a media outlet would sit on evidence of possible sexual abuse of a young boy by a man in a position that gives him access to other young boys. And personally, if I'd had the information the Post-Standard had and didn't bring it to either Syracuse or the police and another child was sexually abused, I wouldn't have been able to live with myself." |
| Police Say Illinois Experienced Surge in Gun Ownership in 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The number of people licensed to own guns in Illinois jumped by more than 78,500 last year, possibly fueled by a belief the state was poised to legalize the concealed carry of weapons, reports the Northwest Indiana Times. The Illinois State Police says nearly 1.4 million people had Firearm Owner Identification Cards as of Jan. 1, compared with just over 1.3 million the year before. Police got 321,437 applications in 2011, up from 287,552 in 2010. The 6.1 percent increase in FOID cards comes as Illinois continues to be a focal point among gun rights advocates as the lone state in the nation that does not allow people to carry concealed weapons in public. The FOID card does not allow people to carry guns in public. Rather, in order to possess or purchase firearms or ammunition, residents of the state of Illinois are required to have the card. |
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