Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Criminal Justice Page 1 of 2

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!

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

Repeal No. 2

Marjory Stoneman Douglas High School Protest, Parkland, Florida 2018

The news this week is the same news we heard last week. The same insane incessant scourge of gun violence overwhelms us. The same “thoughts and prayers” that were issued by legislators around the country last week are re-issued this week. To a different family. To a different grieving community. To the same shocked nation.

Someone asked me after reading “Every 16 Hours” last week, what is the call to action? The call to action is simple: Repeal the Second Amendment. Repeal No. 2. The Second Amendment is the hard rock that supports every argument that we should continue to allow people to be killed with guns.

The Second Amendment was added to the Constitution as a compromise to protect the slave patrols in the South. The Founders knew the militias were necessary to keep slaves under control. Just like we abolished slavery, we need to abolish the Second Amendment. It is a vestige of our history, just like Jim Crow and mass incarceration, that is still killing us.

The Second Amendment Is Killing Us

This week, two teenagers opened fire at a high school in Colorado. They killed Kendrick Castillo, 18, and wounded eight other students. A gunman killed Riley Howell, 21, inside a University of North Carolina-Charlotte lecture room. Two people were killed and four others were injured in the attack.  The national news is abuzz with tributes to these two young men for bravery. The media sensationalizes their lives and murders.

Less sensational but just as deadly are the events here at home in the Bay Area. In Oakland, on Friday night, someone shot and killed 30-year old Tristan Carson, a clothing designer and event promoter at the intersection of East 12th Street and 23rd Avenue. No suspects, no motive. Just another young life lost to gun violence.

On Tuesday morning, a gunman shot and killed a 47-year-old man in Pittsburg as he stood outside his car. The shooting was the City of Pittsburg’s 8th homicide in 9 months, and the 5th in less than 6 weeks.

Today, May 9th, in San Ramon, police and FBI descended upon California High School to investigate threats of a gun attack. Someone scrawled three graffiti messages threatening to shoot up the school on May 9th. Two of the messages included racist slurs about Black people.

In Oakland, 4-year-old Na’Vaun Jackson is still recovering.

Na’Vaun accidentally shot himself in the head when he found a gun in the house. He survived but his family and the entire neighborhood was traumatized. There is a GOFUNDME page to help the family survive the financial devastation of this tragedy. The man who left the gun in the house has been arrested and will likely go to jail.

It Is Time to Repeal No. 2

What do all of these events have in common? Guns. Across this country, guns are everywhere. Despite our efforts to regulate and control access to guns, the situation has gotten completely out of hand. Increased criminal penalties and harsh sentences have had no impact whatsoever on the access to guns or the number of people killed by guns. Legal or illegal, guns kill, wound and maim too many people every day.

It is long past time to repeal the Second Amendment. That will remove the legal justifications that have thwarted every gun control measure ever proposed. We have the highest gun ownership per capita rate in the world. A March 2016 study in the American Journal of Medicine found that 90% of all women, 91% of children under 14 , 92% of youth aged 15 to 24 years, and 82% of all people killed by firearms in the world were in the United States.

The United States stands alone in its allegiance to gun violence. In 2010, the number of gun homicides in the U.S. was at least 9,960. The Centers for Disease Control reported 11,078 firearm-related homicides that year. In comparison, there were only:

173 in Canada

155 in the United Kingdom

158 in Germany

142 in France

30 in Sweden; and

11 in Japan.

How Do We Repeal No. 2?

The devastation to our country because of the Second Amendment should compel us to take bold action to address our national crisis. It will not be easy – it may not be quick. Going through Congress requires a 2/3 majority in both the House and the Senate and approval by 38 states. Bypassing Congress means we need 34 states to call for a Constitutional Convention to pass the repeal legislation and then 38 states to approve it.

The last time a Constitutional Amendment was repealed was in 1933. It took legislators less than a year to repeal the 18th Amendment which prohibited the manufacture and sale of alcohol. It was a national conversation that led to the repeal of the 18th Amendment.

In this moment, we are having a national conversation about gun violence and gun control. In the words of retired Supreme Court Justice John Paul Stevens, the simple but dramatic action of repealing the Second Amendment will move us closer to stopping gun violence than any other possible reform.

To support the movement to repeal No. 2, sign a petition at MoveOn, find and support a youth group in your community that is committed to getting this done. In this season, young people are on fire to stop the violence and they should not listen to anyone who tells them it can’t be done. The future of this country is in their hands.

In the immortal and wise words of Nelson Mandela, “It always seems impossible, until it is done.” Let’s get this done as soon as possible. #RepealNo2.

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!

“I Reject the Chief’s Conclusions”

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

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

Robert Warshaw 2016 – Credit: Darwin Bond Graham

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

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

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

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

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

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

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

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

(c) used their questions to support the justification of the officers’ actions.

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

Why Fire the Chief?

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

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

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

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

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

Where Do We Go From Here?

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

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

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

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

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

A Tale of Twin Cities

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

Credit: Stephen Govel Star Tribune

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

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

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

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

How Did One Murder Lead to Another?

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

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

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

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

Time to Connect the Dots

Oakland Dodges A Bullet

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

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

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

Credit: Kristopher Skinner/Bay Area News Group

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

Let’s Connect the Dots

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

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

Who Made the Decisions?

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

 

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

 

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

Who Was Kept In The Dark?

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

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

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

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

Who Will Hold OPD Accountable?

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

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

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

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

Credit: East Bay Express

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

 

 

 

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