Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Tag: Mario Woods

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

A Women’s Safety Panel

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

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

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

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

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

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

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

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

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

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

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

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

The Return of Kamala

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

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

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

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

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

Black Women & Greg Suhr

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

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

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

Dog Whistle for Racism

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

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

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

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

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

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

The 2019 CDP Chair Race-Part 2

Kimberly Ellis – 2019 CDP Chair Candidate

This is Part 2 of a two-part series on the 2019 California Democratic Party (CDP) Chair Race. For the full background on the 2019 CDP Chair race, check out Part 1 first.

Why Kimberly, Not Kamala?

Kimberly Ellis is a Black woman and the former Executive Director of EMERGE California. She is running for Chair of the California Democratic Party for the second time. Kimberly’s message about redefining what it means to be a Democrat is inspiring, particularly in light of the party’s failures for at least the past two decades.

Anyone who knows me knows that I am a strident advocate for the leadership of Black women. My favorite hashtag is #BlackWomenLead. Because I am a Black woman who has been on the front lines of the fight for civil rights for more than 40 years, I know how transformative our leadership can be. I supported Kimberly Ellis in 2017 and I support her in 2019.

So, you ask, how can you support Kimberly, but not Kamala?

The answer, unfortunately, is based on Kamala’s record and my own personal experience. In 2017, Kamala Harris did not support Kimberly Ellis. She did not endorse her or vote for her. In 2019, Kamala Harris still has not endorsed Kimberly Ellis. And Kamala controls at least 6 votes in the CDP Chair’s race. The fact that Kimberly Ellis is the only candidate in the race who can actually challenge the CDP’s pervasive culture of sexual misconduct is obvious. Yet, Kamala is standing silently on the sidelines watching the action.

Kamala’s Silence is Complicity

But then, standing by silently is Kamala’s habit and practice. In 2016, when Sen. Holly Mitchell was fighting like a demon to repeal California’s unjust sentence enhancement laws, Kamala stood on the sidelines. That year, Sen. Mitchell sponsored SB966, the 2016 version of the RISE Act. It died in the Legislature. It finally passed in 2018. Kamala did not support the bill.

Sen. Holly Mitchell is the most powerful compassionate inspiring Black woman to grace the California Legislature in decades. For more than a decade, she 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.

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 & her son, Mario Woods (Credit: Vic Lee, ABC7News)

In 2016, the Black community in San Francisco was incensed about the police killing of 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 shooting. Kamala rejected their appeals and stood by silently on the sidelines of the controversy. I shall never forget how shocked I was when I learned that Kamala refused to meet with Mario Woods’ mother.

My Own Disappointments

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 law enforcement agencies were implicated in sex trafficking of a minor. Even 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 promptly incarcerated on felony charges there, Kamala rejected our appeals to get involved. She stood by silently as criminal cases were either never brought or quickly dismissed.

In 2010, I represented a group of 10 women sexually harassed at work. They were all employed at the California Dept. of Corrections. Two of my co-counsel were staunch Kamala supporters. When she became Attorney General (with our help), they thought she would listen to them. She did not. We had our clients write to her directly describing their pain and injuries. We thought she would listen to them. She did not. In fact, she 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 the 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 testify about what happened to her. The lead plaintiff Martha Berndt lost her case at trial. The case was weakened both by the extreme passage of time (13 years) and our assignment to a ridiculously sexist trial judge. Kamala stood by silently as these women suffered years of unnecessary and cruel litigation.

But She’s a Black Woman

In my experience, with one exception, Kamala has not stood with progressive Black women.* In the 2018 race for Oakland Mayor, there were 2 Black women running for the seat. Kamala did not support either one of us. In the 2018 race for Assembly District 15, there were 2 Black women running for the seat. Kamala did not support either one of them.

Kamala’s prominent support for the incumbent DA in the 2018 race for Alameda County District Attorney is perhaps the most shocking. That DA’s record on racially-biased prosecutions is abysmal. I ran for DA in response to the lack of police accountability and racial injustices that have devastated our community for decades. Kamala did not ever respond to my request for a meeting. According to the President of Black Women Organized for Political Action (BWOPA), a statewide organization of Black women that has always supported Kamala, Kamala did not even return her calls.

The Struggle is Real

In conclusion, my decision to reject Kamala Harris as a candidate for President is based “empirical evidence” and real life experience. Perhaps she will have a last minute change of heart and decide to support Kimberly Ellis in her quest to become the first Black woman CDP Chair. If you support Kamala and believe she should stand with Black women, please reach out to her and let her know that Kimberly Ellis deserves and needs her help. Before the vote on Saturday, June 1st please!

Here’s how you can contact Kamala on Twitter, Messenger, by phone or e-mail:

Twitter: @KamalaHarris
Messenger: @SenatorKamalaHarris
Phone: (415) 981-9369
E-mail: erica@scnstrategies.com

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

*Kamala endorsed Public Defender Genevieve Jones-Wright for San Diego District Attorney in 2018 less than 3 weeks before the June 2018 election.

Powered by WordPress & Theme by Anders Norén