Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Politics and Elections Page 1 of 3

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.

Every 16 Hours

It’s finally May, thank God. April is always a hard month for me. It starts with April 4th, the anniversary date of the assassination of Rev. Dr. Martin Luther King. That date always brings me to somber reflection of the challenges we still face despite Rev. King’s sacrificed life.

This April 2019, there are too many stories and other anniversaries of tragic deaths, most of them by the gun. America is among the most deadly countries in the world when it comes to gun violence. In fact, America’s gun-related murder rate is the highest in the developed world, excluding Mexico.

According to one 2012 study, Americans own at least 270 million guns. The second gun-ranking country, India, a country over three times our population, only has 46 million guns. And, the vast majority of the world’s countries have fewer than 10 million privately-owned guns. This disparity is based on the Second Amendment of the U.S. Constitution. The devastation to our country because of this law should compel us to take bold action to address our national crisis.

Everyday Gun Violence

An end to gun violence in America cannot come too soon for Black and Brown communities, women or children. Too many lives are lost, not just in schools, but in our homes or in the streets. There are so many preventable deaths that only happen because there is a gun available. In fact, there are always way more gun suicides than gun homicides in America. In 2016, 22,938 people committed suicide with a gun, while 14,415 people died in gun homicides. In 2012, 64% of all gun-related deaths in the U.S. were suicides.

Guns are easily purchased or traded in the streets everywhere. These guns do not show up in surveys. According to the Pew Research Center, in 2010, African Americans were 55% of the victims of gun homicides, whites were 25%, and Hispanics were 17%. According to the U.S. Bureau of Justice Statistics, from 1980 to 2008, 84% of white homicide victims were killed by another white person and 93% of Black homicide victims were killed by another Black person.

The McElhaney Family

The fact of random violence was painfully brought home to Oakland again on March 10, 2019, when we lost Victor McElhaney. Victor was a son of Oakland killed in a senseless act of gun violence in Los Angeles. Heartbroken family and friends in Los Angeles and Oakland will forever be linked through the loss and legacy of Victor McElhaney.

In the same month, Los Angeles lost the visionary brilliance of its native son, Nipsy Hussle. Hussle, a former gang member, wanted to focus on “giving solutions and inspiration” to young black men like him. He spoke openly about his experiences with gang culture, and denounced gun violence through his music, influence and community work. On March 31, 2019, Nipsy was shot 6 times and killed by another Black man.

Women And Children are Not Safe

A recent study found that “intimate partner homicides ― when a person murders their spouse or romantic partner ― increased each year between 2014 and 2017.” The reason: guns. The study found that since 2010, intimate partner homicides by gun increased 26% while the murder of women by other means has decreased. According to one estimate, a woman is fatally shot by her boyfriend, husband or ex every 16 hours.

6-year-old Millie Drew Kelly killed by her 4-year old brother

Then, there are the guns legally owned and accidentally used to kill or maim someone. On April 11, 2019, 6-year old Millie Drew Kelly died after her 4-year-old brother accidentally shot her in the head. This kind of tragedy is a recurring event in America. In December 2018, a 6-year-old girl in Missouri died after she was accidentally shot in the head by her 12-year-old brother. October 2018, in Virginia, a 7-year-old boy found his grandfather’s gun and accidentally shot his 5-year-old sister. March 2018 – an 8-year-old in Ohio loads a .22-caliber rifle and opens fire on his 4-year old sister. She miraculously survived.

The Mass Shootings

The face of death by gun knows no boundaries of age, race, sex or religion. Most of the time we hear of a mass shooting, we see the perpetrator is a young white male. Our senses have been shocked over and over again since the Columbine High School shootings in April 1999. Over the last 20 years, we have watched this type of random mass shooting increase in frequency. The number of lives lost in each incident is completely unpredictable.

A gunman kills 32 people and wounds 17 at Virginia Tech State University in April 2007. Twenty-seven people – including 20 six and seven year olds – are murdered at Sandy Hook Elementary School in Newtown, Connecticut in December 2012. Another gunman kills 49 people at the Pulse Nightclub in Orlando in June 2016. Fifty-eight people die by the gun at a concert on the Las Vegas strip in October 2017.

Nine victims of racially-motivated attack shot & killed inside Emanuel AME Church

We have also seen the rise of racially motivated gun attacks on churches. In June 2015, a white man wanting to start “a race war” kills 9 Black people at the Emanuel African Methodist Episcopal Church, in Charleston, South Carolina. In October 2018, a man expressing hatred for Jews kills 11 people at the Tree of Life Synagogue in Pittsburgh, Pennsylvania.

The Courageous Young Ones

Parents wait for news after a reports of a shooting at Marjory Stoneman Douglas High School in Parkland, Fla., on Wednesday, Feb. 14, 2018. (AP Photo/Joel Auerbach)

Finally, on Valentine’s Day 2018, a gunman kills 17 people at Marjory Stoneman Douglas High School in Parkland, Florida. This one woke up young people across the country. #EnoughIsEnough. Since then, they are organizing state-by-state to challenge America’s gun laws. They took on the National Rifle Association (NRA) with fierce energy. Their attack on the influence of the NRA in the political and media world has left that organization reeling.

Watching the young activists who survived the Parkland massacre step up last year and demand an end to gun violence in America was inspiring. These young people are outraged and insulted by the excuses people make for gun violence. They courageously rejected the stupidest idea that we should arm teachers as a solution to the problem. They have been uncompromising in their insistence that we stop the violence now.

What Are We Doing About This?

In Oakland, we have a new Department of Violence Prevention. It is a small effort – a start – to tackle a huge problem in our City. It needs funding and leadership – two things in scarcity in our City administration in this season. Ironically, Councilmember Lynette McElhaney spearheaded the effort to create this Department. She is one of millions of Americans who have buried their children and loved ones long before their time.

For more than 20 years, Congress prohibited the Centers for Disease Control (CDC) from conducting any research on gun violence in America. It was NRA pressure that led to the restriction on research. The CDC interpreted the ban to include all research on gun violence prevention, and so has not funded any research on this subject since 1996.

On April 29, 2019, however, a Congressional committee allocated $50 million dollars to study ways to prevent gun violence, giving $25 million to the CDC. It seems that if our children are not afraid of the NRA, maybe the politicians will finally stand up to the NRA as well. Based on what I’ve written, you know we don’t really need another study. We need action. The battle lines are drawn. Our future depends on the fight. We can only hope that the power and resilience of today’s young people will lead us to do what is absolutely necessary for all of us. Stop the violence now.

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!

The ADEM Elections

AD18 ADEM Elections

The ADEM Elections

A political battle is brewing quietly but fiercely across the State of California. It is scheduled to erupt in Alameda County the last weekend of this month. It is part of the upheaval that started in the Democratic Party in 2016. That year saw an epic battle between Hillary and Bernie. When Bernie lost that battle, political activists across the country known as “Berniecrats” made 1 of 2 choices: leave the Democratic Party or stay and try to reform the Party from inside.

Their choices set the stage for the next battle: the ADEM elections in January 2017. “ADEMS” is short for Assembly District delegates. Inside the Democratic Party, each Assembly District can elect 14 delegates to the State Party. In 2017, the well-organized Berniecrats won – they swept the ADEM elections with slates of progressive candidates across the State.

In 2019 and 2020, the ADEMS elected to the State Party will make two critical choices: (1) who will lead the State Party following the resignation of the disgraced Party Chair; and (2) who will be endorsed for President by the California Democratic Party.

The stakes are high and the battle is intense. In Assembly District 18 (AD18), the incumbent slate of progressives who won in 2016 is facing a stiff challenge organized by Assemblyman Rob Bonta. The “East Bay Unbossed” slate includes 5 members of the original progressive slate that won in 2016 – Rabi’a Keeble, Lisa Lefave, Michael Fortes, Michael Katz-Lacabe and Dan Wood. They have been endorsed by a 6th incumbent member, Gaby Dolphin, the President of the City of Alameda Democratic Club.


East Bay Unbossed includes several new grassroots leaders from Oakland:

Andrea Luna, President of the Toler Heights Neighborhood Association,

Nina Moore, a daughter of the famed Everett & Jones Restaurant and Black Lives Matter activist,

Kiisha Orr, an early childhood education activist,

Royl Roberts, a longtime leader of the Martin Luther King, Jr. Freedom Center, and

Matt Hummel, recent candidate for Oakland City Council, District 4.


Others new to the East Bay Unbossed slate include Cheri Johansen, a tenants’ rights organizer, leader of Alameda Progressives and the manager of the successful No on K Campaign in Alameda, Lily Kelly, an LGBTQ activist, Austin Tam, a disability rights advocate and Nestor Cuellas, a worker and tenants’ rights activist.

Other notable ADEM candidates not running on either slate include East Oakland rising star, Mya Whitaker (who impressed many in her run for Oakland City Council District 6) and Meredith Orthwein.

Asm. Bonta is challenging the incumbent progressives with his hand-picked slate of candidates, and he is financing their election. The Bonta slate is heavy on electeds. It includes newly-elected Oakland City councilpersons Sheng Thao and Nikki Fortunato Bas as well as newly-elected officials from Alameda. Asm. Bonta already gets to appoint 5 delegates who can vote his wishes in 2019 and 2020 just because he’s an elected official. If the Bonta-financed slate wins, Bonta will have a total of 19 votes to cast in 2019 and 2020 party elections.

I endorse the East Bay UnBossed slate because the Democratic Party is sorely in need of independent leadership and new voices, not simply elected ones. The State Party suffers from the outsized influence of its elected members. The ADEM slots are one of the few places where grassroot leaders with ties to the community can actually influence the party. In my view, ADEMs need to be independent to have that influence.

The AD15 ADEMS election is Saturday, January 26th from 10:30 to 12:30 at the Emeryville Center of Community Life (ECCL) Gymnasium, 4727 San Pablo Avenue.

AD18 voters will decide on Sunday, January 27. Elections will be held from noon to 2:45 at College of Alameda – Building F Student Lounge, 555 Ralph Appezzato Memorial Parkway in Alameda. Doors open at noon. You must be in line by 2:45 pm to be able to vote.

For a complete list of all of the “unbossed” progressive slates across the State, go to adems.vote.

For all those who have been cheering the advancement of progressive candidates across the country, here is another chance to move Alameda County in the right direction. I hope you take it!

I Hope You Dance

In America, money and race always matter, and usually, they rule the day. And yes, as Sister Stacey  Abrams points out in her phenomenal speech, politics “can be as rotten and rigged as you’ve always believed.”

 

But still, when everything you love is on the line, I hope you dance.

So yes, the race is over. But no, this is also “not a concession speech.”

The High Cost Of Housing Is Killing Us

 

When I announced my candidacy for Mayor of Oakland, I talked about how ‘the high cost of housing is literally killing us.” Today and for the last week, we watch helplessly, knowing that the recommendation to stay indoors – at home- because the very air we breathe is poison, is not an option for 6,000 Oaklanders. Most of them Black and Brown. This is the reality of the painful failures of the Libby Schaaf administration.

I cannot congratulate or celebrate those failures. I will not condone nor accept the “systemic cruelty” of our response to the homelessness crisis documented by the United Nations.

Thank You So Much

For this moment, for Oakland, despite the disappointing outcome, it was worth the fight. So I say thank you to all those who gave their time, money, heart and commitment to this fight. To those who staffed the office, wrote the postcards, dialed the numbers, text the message, walked the cards, and went to church, thank you. Whether you gave $800 or $15, thank you.

To all those, who wore the purple shirt with pride, thank you.

We helped turn out the vote in a historic way. We pushed the vote in June in the race for DA.  For November, we went back to those places where we knew voter turnout was low, and pushed some more. 99,879 ballots were cast in Oakland in June. So far, 164,700 ballots were cast in the Mayor’s race.

We bet on Oakland because Oakland has always been there for me. My mentor, Howard Moore Jr., taught me a long time ago, if you take care of the people, the people will take care of you.

So once again, I can say to my family, friends and supporters near and far, I’m ok. I survived the fight and live to fight another day. And thank you for being “the wind beneath my wings.”

I Hope You Dance

And to all those who stand on the edge of the Arena, not sure if you can make it, I hope you dance. 

“When the funds are low and the debts are high, don’t quit.” Everyone of us has an obligation to “keep the faith” and finish the race.

Our children are watching. A Luta Continua.

The Political Power of Incumbency

The Political Power of Incumbency

Oakland Mayor Libby Schaaf

Why is it so difficult to defeat an incumbent politician? Because the incumbent:

(a)  has more money so she can buy a campaign,

(b) is automatically endorsed and supported by the party machine,

(c) is usually endorsed and supported by the mainstream media, and

(d) is usually able to convince people that she will do better in her next term fixing the things she ignored in her last term.

Oakland’s Women In Power

Of the 10 largest cities in California, Oakland has the highest percentage of women serving on the City Council.  Yet, Mayor Libby Schaaf clearly lacks a commitment to maintaining female leadership on the Council. In the 2018 general election, all of Mayor Schaaf’s first rank choices for City Council were men. Schaaf’s consistent vocal attacks on two of the strong women on the Council – Rebecca Kaplan and Desley Brooks – are legendary. With the defeat of Councilwoman Brooks by one of the three Schaaf-backed candidates, there is only one Black woman on the Council.

Fortunately, the defeat of  Mayor Schaaf’s major ally on the Council – Councilmember Abel Guillen – by community-backed challenger Nikki Fortunato Bas maintains the same number of women on the Council.

Desley Brooks Is the Exception to the Rule

Despite Desley Brooks’ defeat in this election, the power of incumbency generally rules the day. In 2016, despite a ballooning housing crisis and horrifying episodic accounts of police misconduct, all five (5) incumbent Councilmembers were re-elected.

Councilmember Larry Reid was first elected to the City Council in 1996. He has held the seat for 21 years.  He has served as the Chair of the Alameda County Transportation Commission and President of the Joint Powers Authority overseeing the Oakland Coliseum. Under his stewardship, East Oakland is facing an economic crisis fueled by the loss of both the Warriors and the Raiders. Indeed, East Oakland is trapped in a morass of potholes, illegal dumping and economic stagnation. The prolonged construction of the BRT line through the heart of East Oakland has accelerated displacement of longtime residents and destroyed small businesses.

Of course, Reid and District 4 Supervisor Nate Miley both endorsed and supported Mayor Schaaf’s re-election. Why not – look at how much she has done for East Oakland!

Incumbents Are the Rule

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

In 2018, all of the incumbent Board of Supervisors supported District Attorney Nancy O’Malley’s re-election. They helped her in spite of her horrible record of racial bias and unwavering support for police murders and misconduct.

O’Malley was also endorsed and aided by the Alameda County Democratic Party. Yet, her policies, practices and allegiances are clearly against our democratic values.

Look at our political structure in Alameda County.  Most of the Board of Supervisors are long-term incumbents:

Keith Carson    Elected 1992 – 26 years in position

Scott Haggerty Elected 1996 – 22 years in position

Nate Miley  Elected 2000 – 18 years in position

Wilma Chan  Elected 1994 – 2000, 2010 -present – 14 years in position

Richard Valle  Elected 2012 – 6 years in position

Women are the majority in Alameda County but we only have 1 woman on our Board of Supervisors. By comparison, both Contra Costa and San Francisco have a female majority on the County Board of Supervisors.

In Alameda County, as in most places, the power of incumbency “trumps” any commitment to your constituents. It often compels you to support the status quo without regard to the needs of the community. If you are in the boat, you do not want to be the one to rock the boat. So you sit silently by, even when the boat repeatedly crashes against the hard rocks of the shore.

Too many of our elected incumbents sit by silently while lives are lost, families are destroyed and communities are displaced. Because you see, their elections do not rest on the power of the people – their elections are assured by the power of incumbency.

Courage & Compassion

I have learned in my life that “it is always darkest just before the dawn.” Last week was so dark. I sat watching “with fear and trepidation” as the Republicans threatened to end healthcare for 16 million Americans. Even as I supported efforts to stop them, I felt like the freight train was running out of control.

A New Dawn in America

Then, Hawaii Senator Mazie Hirono stepped up to speak on the floor of the U.S. Senate. Every time I watch her speech, I am moved to tears. Her courage in sharing her story, including her fears, her family’s struggles, her unique path to the U.S. Senate, all of it. The shining sincerity of her compassion is so beautifully overwhelming, born of her uniquely American experience. Raised as a poor Japanese immigrant, she has never forgotten where she came from.

Her call for compassion, I believe, is what sealed the deal. As we all know, Senator John McCain‘s “no” was the deciding vote, following the tie-making opposition of Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska.

Why is compassion so compelling? Compassion is not simply a human emotion. There is evidence that animals are also quite capable of giving and receiving compassion. We also know that compassion in animals is not limited to animals of their same species. A dog can show kindness to a cat. A mother hen can adopt a lost baby duck. A lion can hug a man who loved him without harming him. It seems that in the natural world, compassion has no bounds.

It seems that we are all capable of giving and receiving compassion. The response to Sen. Hirono’s empassioned plea to vote against repeal of Obamacare suggests that we are all vulnerable to the message of compassion. Sen. Hirono noted that when she was diagnosed with cancer, even Republican senators expressed their concern for her. They showed her kindness and compassion. Sen. Hirono called upon the Republican senators to show Americans the same compassion they had shown her. And it worked.

The Courageous Women Who Defied Trump

We should not overlook the significance of the courage displayed by two other female Senators, Susan Collins of Maine and Lisa Murkowski of Alaska. No. 45 actually threatened the residents of both of their states to retaliate against the Senators. Whereas some Republican senators caved in to pressure from the Trumpster, Senators Collins and Murkowski stood firm and represented their constituents.

Their votes demonstrate that when courageous women are present in positions of power, the conversation changes. But for the courage of Senators Collins and Murkowski, Sen. John McCain would not have had his historic opportunity to say “no.” In voting “no,” Sen. McCain also stood fast to represent the best interests of his constituents in Arizona. For the first time in my life last weekend, I was “proud” to be in Arizona.

Health Care Is A Civil Right

Healthcare in America has been denied and fought for like every other civil right.

Credit The Atlantic

In 1966, Rev. Dr. Martin Luther King declared that Of all the inequalities that exist, the injustice in health care is the most shocking and inhuman.” Racial disparities in health care have persisted since 1966. A 2016 study by the Henry J. Kaiser Foundation found that in 2014, 55% of all uninsured persons were people of color. Seventy-one percent ( 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. The Kaiser study concludes that “people of color have much to gain from health care reform.”

President Barack Hussein Obama was inspired to make health care his signature piece of legislation. Indeed, arguing for health care reform in 2009, President Obama cited the death of his own mother from cancer and the challenges she faced obtaining insurance because her cancer was deemed a pre-existing condition. His mother, Stanley Ann Dunham, was a White woman.

So, we know that cancer makes no preference based on race, religion, age, national origin or political beliefs. “Some may call me a dreamer” but maybe one day, we can make the same statement for compassion: it makes no preference based on race, religion, age, national origin or political beliefs. I am inspired by Sen. Hirono’s compassion and courage in facing her cancer and using it to uplift a nation. And every time I watch the video of her speech, I think that from the darkness of the Republican night, there might just be a new dawn in America. Hopefully “I’m not the only one.”

To learn more about the fight to provide healthcare for all, go to HealthyCalifornia.org or Citizen.org or NationalNursesUnited.org. Also check out Healthy California’s latest video.

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.

 

 

 

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.

Prosecutorial Accountability In Action

Prosecutorial Accountability In Action

A cultural shift is happening across the country.

On Wednesday, June 14, Contra Costa County District Attorney Mark Peterson pled guilty to one felony and resigned.  Many of us started calling for his resignation and prosecution in January. It only took six (6) months for it to become reality.  Prosecutorial accountability in action!

Why Peterson Had to Go

In May, a civil grand jury recommended that Peterson be removed from office.  The grand jury relied upon the fact that Peterson misappropriated tens of thousands of dollars in campaign money.  But, Peterson has done more than steal $66,000 over the last five years. Peterson represented an old way of thinking about criminal justice that is not in line with the people who live in Contra Costa County.

Mark Peterson advocated against criminal justice reform at every turn. Voters in Contra Costa County voted overwhelmingly in favor of Prop. 36, Prop. 47 and Prop. 57. These bills all helped relieve the overburdened California prison system.  In 2012, Peterson opposed Prop. 36, which reformed California’s draconian three-strikes law. He told the Mercury News that the 3 Strikes law “gives prosecutors a powerful bargaining position.” He also opposed Prop. 47 and Prop. 57.

Peterson is both ignorant and dismissive of the structural racial inequities in the criminal justice system.  After the grand jury failed to indict Darren Wilson for murdering Michael Brown in Ferguson, Peterson wrote “All Lives Matter,” and argued that “crimes are perpetrated disproportionately by poor people of color.

As the District Attorney, Peterson decided to charge Black children in Contra Costa County as adults 12 times more often than white kids. While African Americans make up 9.6 percent of the total county population, they represent 41 percent of the juvenile probation population. Peterson regularly overcharged and prosecuted Black, Latino and poor women for petty theft crimes while excusing his own felonious conduct.

The Flip Side of Unequal Justice

While Peterson has showed a disdain for the people he represents and serves, he has shown favoritism to bad actors in law enforcement. He conducted the most perfunctory investigation of the Richmond police officers who were allegedly complicit in a massive sex trafficking ring.  He initially refused to prosecute any of them.

Peterson turned a blind eye to the community’s concerns about sexual exploitation and obstruction of justice. The Richmond Police Department initially denied and later admitted that it arranged to transport the 19-year-old survivor-victim witness to Florida.  Once there, she was promptly arrested, charged with a felony and incarcerated facing a possible 15-year sentence under extremely dubious circumstances.  Peterson’s office made no effort to assist me in securing her release from jail or returning her to California.

Peterson’s 2014 investigation of the murder of Richard “Pedie” Perez, an unarmed man shot by Richmond Police Officer Wally Jensen, was so flawed that the family and much of the community remains outraged that a murderer may have gotten away. There is compelling evidence that Officer Jensen initiated a physical confrontation by repeatedly tackling Pedie. Pedie was unarmed and intoxicated. After tackling Pedie, Jensen backed up, pulled his gun and shot Pedie three times, killing him.

Peterson also refused to investigate whether the West Contra Costa Unified School District (WCCUSD) was defrauded in connection with a $1.6 billion school construction bond program. There is compelling evidence that the WCCUSD provided contractor SGI with rent-free office space, a 10 percent markup on general contracting reimbursements and reimbursement for office furnishings, supplies and cellular service. An investigation also found that SGI received substantial increases in pay, averaging 69 percent, when 10 or 20 percent would have been reasonable.

The Michael Gressett Scandal

In 2015, Peterson rehired his friend and supporter, Deputy DA Michael Gressett. In 2008, Gressett was charged with a violent sexual assault against a female co-worker involving an ice pick and a handgun. Eventually, Contra Costa County paid $450,000 to settle the victim’s civil case for rape. She accused Gressett of sodomy and false imprisonment. The criminal case against Gressett was dismissed on a technicality. Later, the Attorney General’s office decided not to refile the criminal case because the victim had moved to Florida and refused to return to California to testify against Gressett.

How The Community Brought Him Down

Peterson’s downfall was the culmination of months of organizing and a community that “woke up.” Citizens, everyday people became aware of his actions and rejected his reasoning. First it was activists holding a public trial in front of his office in January. Peterson was “found guilty” on a 7-count indictment. To his credit, County Supervisor John Gioia stood up to represent the interests of his community and called for Peterson’s resignation.

Then it was the civil grand jury recommending his removal. Next, it was a vote of no-confidence by the prosecutors’ union. Local editorial boards called for his resignation. Most people were absolutely appalled by the fact that Peterson intended to run for re-election.

Peterson’s resignation is a victory for the people of Contra Costa County. The community found its voice and used its voice to reject lawlessness by its chief law enforcement officer.  Peterson’s prosecution proves that law enforcement officials can be held accountable under the law.  All it takes is a will to look, speak up and act out! #Stay Tuned & StayWoke.

 

Page 1 of 3

Powered by WordPress & Theme by Anders Norén