Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Black Lives Matter Page 1 of 3

Kamala Is Not “The One”

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

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

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

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

Full Disclosure

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

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

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

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

The Betrayal of Black Women

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

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

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

Kamala Supported Racist Prosecutions

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

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

Kamala’s Silence Is Complicity

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

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

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

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

Kamala Did Not Support Sexual Assault Survivors

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

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

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

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

Her Campaign Was Not Well-Conceived

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

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

Kamala Is Not “The One”

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

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

What About the POA?

San Francisco District Attorney Elect Chesa Boudin
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?”

San Francisco Police Officers Association (POA) Logo
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.

A Women’s Safety Panel

Mario Woods Protesters attend SF Police Commission meeting chaired by DA candidate Suzy Loftus
Emond Juicye (middle) activist, and Minister Keith Muhammad listen to Suzy Loftus, President of the San Francisco Police Commission at the beginning of the SF Police Commission meeting held at the Salvation Army Kroc Center January 20, 2016 in San Francisco, Calif. Photo by Emma Marie Chiang

I just got triggered again. A Women’s Safety Panel?

It’s a fundraising event organized by supporters of San Francisco DA candidate Suzy Loftus. Loftus is the candidate of choice for disgraced SF police chief Greg Suhr, and SF Mayor London Breed. The San Francisco Democratic Party has also endorsed Loftus. Loftus is by definition “the establishment choice.”

So, it’s not surprising that her supporters have invoked the victim safety song to elevate her candidacy. It’s a tried and true tactic for white women running for office. In her story about Tiffany Caban’s race, Melissa Gira Grant writes in The New Republic, “Law-and-order feminists have long used the idea of professional white women’s safety and reputation against young women activists of color.” White women “have embraced and promulgated a feminism that sees the police and prosecutors as allies in women’s empowerment.”

It worked in New York. There, Melinda Katz, a career politician who favors increased police surveillance and the death penalty with no courtroom experience won the race for Queens DA.

“A Women’s Safety Panel” vs. Criminal Justice Reform

We saw the same traditional campaign of fear and racism here in Alameda County in 2018.

In the race for Alameda County DA, domestic violence survivors attacked and defamed me as “a threat” to their safety. DV survivors rallied in front of incumbent DA Nancy O’Malley‘s office denouncing my candidacy. Of course O’Malley’s staff and supporters attended the rally, and the local media covered it. Never mind that I am personally a DV survivor. Or that I was arrested for defending myself in my own home from an abusive partner, prosecuted by the DA’s office and fortunately acquitted by a jury at trial.

Forget that I co-founded the Bay Area Defense Committee for Battered Women in 1979, while still in law school. We advocated in the courts for DV survivors, particularly those prosecuted in Alameda County. My understanding of and commitment to self-defense for battered women was developed years before my own arrest for defending myself.

Never mind that I have MY receipts for thousands of dollars that I donated to the non-profit Family Violence Law Center before it was subsumed into the Alameda County District Attorneys’ office.

Too often, facts don’t matter in politics. Too often, what matters is who you know and how long have you been in the game. In SF, Suzy Loftus has been a fixture in the SF police community for decades. She is a protege of Sen. Kamala Harris and a proud member of Kamala’s “squad.”

Kamala's "squad" - Suzy Loftus Twitter Post of Loftus, Buffy Wicks, Debbie Mesloh, Kamala Harris and a friend
Buffy Wicks, Debbie Mesloh, Kamala Harris, Suzy Loftus and friend
Credit: Suzy Loftus on Twitter Image

The Return of Kamala

Loftus worked for Harris in SF and then in Sacramento at the Department of Justice. Loftus is a former deputy DA who spent years supporting SF’s unique contribution to mass incarceration. The SF DA’s racial disparity study found that between 2008 and 2014, Blacks were only 6% of the population, but were 41% of those arrested, 43% of those booked into jail, 38% of cases filed by the DA and 39% of new convictions.

Loftus was with Harris in 2009 when the DA’s office withheld information about a corrupt police technician. A SF judge condemned the office’s indifference to “the systemic violation of the defendants’ constitutional rights.” And, when Harris unsuccessfully retaliated against the judge, Loftus was a leader on her team.

Loftus was also with Harris while Harris was Attorney General. As AG, Harris supported the death penalty while refusing to support Proposition 47, or statewide standards for police body-cameras or investigations of police for shooting civilians or sexual exploitation of minors.

Loftus was there when Harris refused to meet with Gwen Woods.

Loftus clearly enjoyed personal success as Kamala’s protege. In this election, however, Loftus claims a commitment “to reform our broken criminal justice system.” Her campaign started, however, as a “tough on crime” challenge to incumbent DA George Gascon. Gascon is the only DA in California to endorse Proposition 47 and advocate openly for criminal justice reform.

Black Women & Greg Suhr

Greg Suhr’s support for Loftus is not surprising at all. Loftus is the former Chair of the SF Police Commission and currently works for the SF Sheriff. She supported Suhr in the storm created by the exposure of racist and homophobic texts by SFPD officers in 2015. Her new-found commitment to criminal justice reform did not lead her to support the 17-day hunger strike by the Frisco 5 calling for Suhr’s removal in the wake of Mario Woods’ murder.

Suzy Loftus, Mayor Ed Lee and SFPD Deputy Chief Toney Chaplin announce resignation of Greg Suhr
Mayor Ed Lee (middle) announces the resignation of SFPD Police Chief Greg Suhr on May 19, following the fatal shooting of Jessica Williams, by SFPD earlier that morning, as Police Commissioner Suzy Loftus (left) and SFPD Deputy Chief Toney Chaplin (right) stand by the mayor’s side during a press conference in City Hall.
Photo: Joel Angel Juárez

When Mayor Ed Lee was forced to let Suhr resign after SFPD shot and killed Jessica Williams, an unarmed Black woman, Loftus was there. It was the third fatal shooting by SFPD of a person of color in 6 months, including Jessica Williams, Luis Gongora and Mario Woods. According to Matier & Ross, the meeting to arrange Suhr’s resignation and the appointment of a new interim Chief, ended with a round of hugs and handshakes, and did not include the two Black female SF Supervisors.

Dog Whistle for Racism

Not surprisingly, progressive Black activists in SF are not supporting Suzy Loftus for DA.

“If Suhr is a supporter of yours and you’re running for District Attorney, it shows me you’re about prosecuting black and brown folks and any of the corruption going on in the department,” said Equipto, a San Francisco rapper and activist and one of the Frisco 5 hunger strikers.

Let’s be clear: “a women’s safety panel” is a dog whistle for racism. It’s a call to white supremacy, and particularly white women, to support the continued over-incarceration and criminalization of Black and Brown people. Regrettably, some Black women have unknowingly bought into that narrative, apparently thinking that only the white woman can save us. What my sisters need to understand, however, is that resistance to sexual harassment and violence is deeply rooted in the intersectional oppression and resistance of Black women.” 

Many “woke folks,” like myself, have endorsed Chesa Boudin for SF DA. Chesa has a history of fighting for bail reform, for the rights of immigrants and restorative justice for victims. He has a clear commitment to address the grossly unjust racial disparities in San Francisco. Chesa is the only one who personally knows the impact of the criminal injustice system on everyday people.

Ballots drop in SF for this election in less than 2 weeks. To help elect Chesa Boudin in this critical race for justice, please make a contribution here!

At the end of the day, let’s pray that SF is really as progressive as some people think it is!

The Record Player Answer

Joe Biden at the Democratic Debate delivers the record player answer
Joe Biden at the Democratic Debate, September 12, 2019. Credit: ABC News/Screenshot

There are so many things wrong with Joe Biden’s record player answer, I hardly know where to begin. But I am a trial lawyer. So when I hear a strange answer, my first response is check what was the question. So, here’s the actual question:

“But as you stand here tonight, what responsibility do you think Americans need to take to repair the legacy of slavery in our country?”

Again, I’m a trial lawyer. So, there are 4 correct answers to any question:
“Yes,”
“No,”
“I don’t know,”
“I don’t remember.”

Biden did not pick one of those 4 answers. He could easily have said, “Yes, I think Americans need to take responsibility to repair the legacy of slavery and here’s what I think we need to do.” Or “No, I don’t think Americans need to take responsibility to repair the legacy of slavery. And let me tell you why not.” Instead, he started rambling.

This Is What He Said

Well, they have to deal with the — look, there’s institutional segregation in this country. From the time I got involved, I started dealing with that. Redlining banks, making sure we are in a position where — look, you talk about education. I propose that what we take is those very poor schools, the Title I schools, triple the amount of money we spend from 15 to $45 billion a year. Give every single teacher a raise, the equal raise to getting out – the $60,000 level.

Number two, make sure that we bring in to help the teachers deal with the problems that come from home. The problems that come from home, we need – we have one school psychologist for every 1,500 kids in America today. It’s crazy.

The teachers are – I’m married to a teacher. My deceased wife is a teacher. They have every problem coming to them. We have – make sure that every single child does, in fact, have 3-, 4-, and 5-year-olds go to school. School. Not day care. School.

We bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t – they don’t know quite what to do.

Play the radio, make sure the television – excuse me, make sure you have the record player on at night, the – the – make sure that kids hear words. A kid coming from a very poor school – a very poor background will hear 4 million words fewer spoken by the time they get there.

How Did He Ever Get There?

So, he started with institutional segregation and ended with shaming Black families for not knowing “quite what to do” when it comes to raising children.

Now, I’m the first to acknowledge raising kids is hard, for some of us the hardest thing we’ve ever done. Every gray hair on my head has nothing to do with trying cases for 30 years – I owe them all to raising my own daughter Malika.

I’m also clear, however, that the challenge to raise independent productive and kind children has little to do with your race, class or education. Indeed, suicide rates for young people in America are soaring in recent years. And, how many mass shootings in the last 30 years in America have been carried out by Black teens? To my knowledge, the mass school shooters are almost uniformly white male teenagers. Most of them came from so-called “good homes” which is code for straight white married parents.

But I digress. The point is that Biden’s answer is not even remotely responsive to the question. It sounds like “Black lives are still undermined by the legacy of slavery because they don’t know quite how to raise their kids.” That’s both stupid and insulting.

The question, again, is what responsibility do Americans bear, not Black people. While most commentators focused on “the record player answer,” woke Black folks heard the implicit bias and victim-blaming.

The Legacy of Slavery

News alert Mr. Biden: Black people are not responsible for America’s racism.

Black people are responsible for the incredible wealth that America enjoys today. 250 years of free slave labor, another 100+ years of extreme exploitation of labor, and the last 50 years of second-class citizenship (being locked out of equal access to education, affordable housing, health care, high-paying jobs) has all helped white Americans tremendously. Everything Black people have achieved in America came at a premium. In the last 100 years, we paid more for loans, housing, transportation, food, health insurance, health care, education, you name it.

On the flip side of that same coin, in the past 400 years, whites have enjoyed what we refer to today as “white privilege.” Starting with the Land Act of 1820 which made it possible for settlers to move west and south through the 1950s, whites received massive government subsidies for housing, transportation, health care and education.

Whites enjoy preferential treatment in the enforcement of the law and the administration of justice. This fundamental principle is embedded in the pillars of the justice system. White privilege is reflected in the arrests, charging, prosecution and incarceration of Black people everyday in every state, county and community in America.

Joe Biden either doesn’t know our history or he doesn’t really care to address it. Maybe he really does not understand what is now commonly referred to as “the wealth gap.” The fact that an average white family has 41 times more wealth than the average Black family, that 72% of while familes own their homes compared to just 44% of Black families, and the average white worker earns 30% more than the average Black worker – did not just happen overnight or by happenstance.

The Record Player Answer?

Biden could have at least tried to be consistent. He could have repeated his statement from 1975 (which was the preface to the question):

“I don’t feel responsible for the sins of my father and grandfather, I feel responsible for what the situation is today for sins of my own generation and I’ll be damned if I feel responsible to pay for what happened 300 years ago.”

But it’s no longer “politically correct” to shield oneself with the mantle of white privilege. To be fair, a recurring theme in Barack Obama’s major speeches on race as President was the “moral shortcomings” of the Black family. In his work “The Black Presidency,” author Michael Eric Dyson calls out this message in the few times that Obama talked to the nation on race in America. (See Chapter 6, “Dying to Speak of Race”.)

Perhaps Joe Biden “helped” Obama write those speeches. I don’t know. What I do know is that just like Black people should not tolerate “victim blaming” by Obama or before him, Bill Cosby, we damn sure should not tolerate it from Joe Biden.

It’s also simply not acceptable to equate poverty with Black people. Even Black people who have been financially or professionally successful still experience the demeaning face of racism daily. Black people are disproportionately poor due to America’s racism. But poverty is endemic to capitalism in America. Income inequality between the wealthiest 1% of the country and the rest of us (the 99%) has increased dramatically in recent years. This national crisis was highlighted in the Occupy Movement in 2011 while Joe Biden was Vice President.

Biden’s assumption that the only poor people in this country are Black people is an antiquated view of our current situation, consistent with someone who thinks we still have record players.

The question is “what responsibility do you think Americans need to take to repair the legacy of slavery in our country?” The record player answer does not even come close to looking like an analysis of the problem. Joe Biden needs to study the history of racism in America and the continuing inequities (including those he fostered), then try to answer the question. Until he does that, Black folks in particular would be wise to consider the alternatives.

As Maya Angelou taught us, “When someone shows you who they are, believe them the first time.”

Only 16 Votes

Credit: Gabriella Angotti-Jones for The New York Times

Tiffany Caban’s Election – Part 1

Tiffany Caban is losing her election to Queens District Attorney by only 16 votes. Only 16 votes could decide the race. The criminal justice system in Queens impacts 2.4 million people. The race highlights the dangers of “provisional ballots” and the power of absentee ballots.

Election officials initially tossed out an estimated 2,500 provisional ballots. Some people registered too late to vote in the primary election. Others moved and did not re-register in time. Some voters forgot to sign and swear they were registered Democrats. On the flip side, usually the most reliable and conservative voters cast absentee ballots. Absentee voters vote early and those votes usually decide the race. That conventional wisdom may prove true in Queens.

What’s At Stake in Queens

Tiffany Caban’s race for District Attorney has captured the attention of the nation. Her story, in case you missed it, is an original American story. She’s young, a mere 31 years old, of Puerto Rican descent, a former Public Defender and the first in her family to graduate from college. Bringing all of her real life and world experience, she put together a broad coalition of progressives, formerly incarcerated folks, sex workers and undocumented immigrants.

New York based Working Families Party, Real Justice PAC, Color of Change, Our Revolution and Democrats for Socialist America (DSA) also supported Tiffany. Philadelphia District Attorney Larry Krashner, Singer John Legend, Bernie Sanders, Elizabeth Warren, Alexandria Ocasio-Cortez, former NY gubernatorial candidate Cynthia Nixon and the New York Times newspaper all endorsed Tiffany.

Only 1 major labor union endorsed Tiffany Caban.

According to the New York Times, the Queens District Attorney’s office is woefully out of step with the community it serves. The office features high racial disparities in prosecutions and routine violations of the right to counsel. It has no dedicated unit to address wrongful convictions and no oversight of abusive landlords.

Who is Melinda Katz?

Melinda Katz, Tiffany’s opponent, is an established player in New York politics. Melinda has been the Queens Borough President for 6 years. She will be termed out when her term expires in 2021. She is running for her 6th elected office in 25 years. In her long political career she has not shown any interest in criminal justice reform. She has not led any challenges to mass incarceration in New York.

In 1995, Melinda voted as a member of the New York State Assembly to reinstate the death penalty. On the City Council, she voted to increase penalties for low-level offenses and create a new category of crime (gang recruitment). She also favors increased police surveillance in city schools. Every elected member of Congress from New York except one, and NY Governor Andrew Cuomo endorsed Melinda.

Not surprising, big labor unions like SEIU, Teamsters, Firefighters and the building trades all support Melinda Katz. Melinda has no courtroom experience even though she is a lawyer. Her last real gig was as a lobbyist for real estate clients at Greenberg Taurig. The firm has a scandalous history, including a$7.6 million fine in 2006 levied by the Federal Deposit Insurance Corporation to settle allegations that the firm helped cover up a bank’s financial misconduct. Greenberg is also Rudy Giuliani, former NY mayor and current Trump surrogate’s old law firm.

The Democratic Party Favorite

Here’s how one local writer described Melinda’s ties to the Queens Democratic Party:

Katz has also cemented her ties to the Queens Democratic Party, which is often criticized as one of the last bastions of calcified political power in the city. The Party protects and promotes its own and, in any race, brings to bear a large cadre of local, state, and national elected officials that originated from its ranks or owe it some allegiance, as well as the allies of those officials, other local party officials like members of the state committee, political club members, and others.

The Queens Democratic Party was previously headed by Congressional representative-turned-lobbyist Joe Crowley, who lost to Alexandria Ocasio-Cortez and has been fundraising for Katz.”

According to one commentator, Melinda Katz ran on the traditional campaign of fear and racism. As she notes, “Law-and-order feminists have long used the idea of professional white women’s safety and reputation against young women activists of color.” Yet, she’s ahead by only 16 votes.

The Wrong Side of History

In August 2018, Shaun King lamented the absence of the Democratic Party in the fight for criminal justice reform. He asked “Does the Democratic Party really care about black people or do they just want our votes?”

The reality, reflected in the Queens DA race, is that the Democratic Party is very much present. On the wrong side of history. This was obvious in the 2018 Alameda County District Attorney race. According to the local Democratic Party Chair, Robin Torello, incumbent DA Nancy O’Malley “fights for our Democratic values of justice, equality and civil rights everyday.”

Credit: Pamela Price for District Attorney 2018

Every one of O’Malley’s answers are inconsistent with the California Democratic Party platform. Nonetheless, the Alameda County Democratic Party Central Committee, the Sierra Club and Senator Kamala Harris all endorsed O’Malley. After that, less than 100 days after winning re-election with financial and logistical support from the Democratic party machine, O’Malley endorsed the anti-choice Republican candidate for State Assembly over a Democrat. Fortunately, the Republican lost her seat.

Only 16 Votes

I pray that Tiffany Caban can get at least 17 more votes. Still, the hard lesson for progressives is that we have to “flip” the party. We have a chance to do just that in Alameda County in March 2020. If you are not a registered Democrat, you must re-register and do it early.

One estimate is that a million independent voters (registered as “no party preference”) in California risk not being able to vote for president or local Democratic party representatives in the March primary. In other words, independents who want to change the status quo in March 2020 best re-register to vote as a Democrat. You can change it back later.

In California, the drop dead date to re-register to vote by mail in the primary is January 15, 2020. So, you can only vote by mail for local Democratic party officials if you are a registered Democrat by January 15, 2020. If you want to vote in person, the final date to re-register to get a Democratic ballot is February 17, 2020.

Across the country, we see this is where “the petal meets the metal.” We really need everyone to “#DEM-ENTER” ASAP.

If you can please help Tiffany pay for the recount in the Queens DA race, go to her webpage at cabanforqueens.com and make a contribution. Tiffany is a corporate-free candidate.

Biden’s Baggage

Credit: Rex/Shutterstock

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

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

Why Are We Here?

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

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

Too Much to Overcome?

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

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

The Author of Mass Incarceration

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

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

The Enabler of Clarence Thomas

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

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

Pro-Choice or Not?

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

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

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

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

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

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

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

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

A Supporter of “States Rights”

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

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

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

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

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

The 2019 CDP Chair Race Ends

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

California or Calabama?

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

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

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

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

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

Who is Rusty Hicks?

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

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

So How Did Rusty Win?

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

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

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

Time to “Bern” America

Black American Soldiers In Vietnam (1971)

This coming Saturday April 27th, I will co-host a bilingual house party with Andrea Luna for people to learn more about Bernie Sanders campaign for President and sign-up to volunteer. After much soul-searching, I have decided and declare that I’m all in for Bernie Sanders.

“The Fierce Urgency of Now”

Killer Mike caught my attention when he asked the question on the Real – do you like and respect Rev. Dr. Martin Luther King, Jr.? His analysis is that Bernie’s agenda most closely matches the agenda of Rev. King.

In the years right before he died, Rev. King talked about the need to transform America. In his book “The Black Presidency” Michael Eric Dyson reports a conversation in 1966 where Rev. King told his advisors that “[t]here must be a better distribution of wealth, and maybe America must move toward a democratic socialism.” We know that King was murdered as he was organizing the Poor Peoples March on Washington, and unifying people across race, religion and class with the goal of eradicating poverty in America. Rev. King did not live to see the March. He knew that his days were numbered. One of his most famous statements is “the time is always right to do what’s right.”

In America today, there is no time to wait. Certainly not for anyone who cares about Black people. In 1966, Rev. King declared that “Of all the inequalities that exist, the injustice in health care is the most shocking and inhuman.” According to a 2016 Kaiser report, Blacks have significantly higher death rates than Whites for diabetes, heart disease and cancer. HIV and AIDS diagnoses rates among Blacks between ages 13-64 are more than eight and ten times higher than that for Whites. The death rate for HIV is eight times higher for Blacks compared to Whites.

The Kaiser study also found that in 2014, 71% of Whites were insured privately and only 21% had Medicaid or public insurance. By comparison, 51% of Blacks had private insurance, and 37% had Medicaid or public insurance. We know that the substantial gains made under the Affordable Care Act are being wiped out by Trump.

In 2019, Black women are disproportionately suffering high and increasing infant and maternal mortality rates. In 2019, too many people in America of every race and gender have to choose between filling a prescription or buying food. The high cost of health insurance means that many people simply cannot afford health care. In fact, medical debt is the number one cause of bankruptcy.

Enter Bernie Sanders, a Democratic Socialist. Bernie is undeniably the leader on national health care reform. The California Nurses Association and National Nurses United went to the mat for him in 2016 because of his position on health care reform. Every other candidate today is sailing in his wind and mimicking his commitment.

In 2009, the Democratic Party abandoned single-payer, and even as late as 2017, many House Democrats did not support Medicare for All.

Consistent Values & Commitment

Bernie Sanders has been consistent on health care reform, civil rights and opposition to war, some of the biggest issues we face today. He has a plan to address the epidemic of gun violence in this country, an issue that I care deeply about.

Bernie Sanders Arrest In Civil Rights Demonstration – Chicago (1963)

Bernie’s arrest during a 1963 civil rights protest of segregation in Chicago schools when he was a student at the University of Chicago resonates deeply with my personal history. At the University of Chicago, Bernie was a leader of the Congress of Racial Equality (CORE), a major civil rights group and led protests over racial inequality.

As a Senator, Bernie voted against the Iraq War in 2002 and warned of “unintended consequences.”

As the conscience of the country, in 1967, Rev. King condemned the Vietnam War and warned about “the Casualties of the War in Vietnam.” As a result he was labeled “an enemy of the State” and ridiculed on all sides.

My True Confessions

One, I am not an original “Berniecrat” from the 2016 presidential campaign. Two reasons: (1) I was dealing with seismic shifts in my personal life in that season; and (2) an elderly White male senator from Vermont was not someone who caught my attention in time for me to do anything to help him.

Two, I knew Hillary Clinton was a deeply flawed candidate. I witnessed how she and Bill treated Lani Guinier and Marianne Wright Edelman. I witnessed Hillary’s complicity in the Monica Lewinsky episode – how they treated “that woman.” I watched the proliferation of criminal injustice laws and new unfair tax burdens imposed on victims of unlawful discrimination under the Clintons’ leadership. I watched how they ran against Sen. Obama. I heard Bill’s racist comments and Hillary’s disappearing-reappearing Southern drawl.

Three, I went “hard to the paint” to elect Barack Hussein Obama as the first Black president. In 2008, Hope Young and I went to ground zero – Dayton, Montgomery County Ohio – and walked, talked and worked to the point of exhaustion. Election night, as we eagerly watched the results coming in and started to party to Michael Jackson’s Man in the Mirror, I confessed to my friends that my greatest joy in my commitment to Obama was not about him, but the fact that Michelle Obama – a Black woman – was going to be the First Lady. 

The Time Is Right Now

As we move forward in 2019, the time is now and there is a fierce urgency. My father often said “time waits for no man.” The California primary is less than a year away. Yes, I need Bernie to call out sexism and racism more, and to focus on equity in addressing the impacts of centuries of racial inequality. But, I appreciate his consistency and I hate hypocrisy.

At the end of the day, I agree with Killer Mike (and Nina Turner and Danny Glover): “we need the total antithesis of what we say we don’t like about Donald Trump.” We need more than simply “any functioning adult” to help us get out of the mess we are in. I believe that loyalty to the legacy of Rev. King requires all out support to elect Bernie Sanders in 2020.

Whether or not you are sure about what to do in this moment, I urge you to attend one of the many house parties taking place on Saturday, April 27th around the country. Go to map.berniesanders.com to find a house party near you! Don’t wait – get it done now. “The time is always right to do what’s right.”

A Luta Continua!

A Tale of Twin Cities

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.

Why I’m Running For DA

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

No Police Accountability

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

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

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

Courtesy: Josh Edelson/AFP/Getty Images

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

“Is this because I was little?”

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

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

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

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

No Criminal Justice Reform

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

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

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

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

The New Jim Crow in Alameda County

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

Why We Have to Make A Change

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

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

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