Antioch Confronts History of Discrimination Against Chinese Immigrants
How the Racial Justice Act Could Shake Up California's Criminal Court System
California's Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa
Lawyers for Antioch Police Officers Seek to Reframe Racist Texts in Court
Antioch Police Racist Texting Scandal Confirms What Many Black and Brown Residents Have Decried for Years
The Antioch Police Department's Racist Text Messages
Antioch's Racist Police Text Message Scandal Could Mean Dropped Charges in Some Cases
Racist Text Messages Lead Antioch Mayor to Call for Independent Audit of Police Department
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But, the waitress refused to serve the young men or even talk to them. They left the establishment an hour later, hungry and humiliated.\u003c/p>\n\u003cp>Eighty-two years after that incident, Alfred Chan received an apology delivered in person by Antioch Mayor Lamar Thorpe in November 2022. Chan, a World War II veteran who served in the U.S. Navy and worked 38 years for the city of Oakland, died at age 98, about three months after hearing those words.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ron Chan \"]‘An apology may be just words that may not be enough to resolve all issues from the past. But without that first step, we have no progress.’[/pullquote]“It helped close a bad moment in my father’s life,” Ron Chan said, adding that it gave him peace to see his father’s closure as well. “An apology may be just words that may not be enough to resolve all issues from the past. But without that first step, we have no progress.”\u003c/p>\n\u003cp>In May 2021, Thorpe issued a formal apology for Antioch’s mistreatment of early Chinese immigrants, including the torching of Chinatown and driving out its residents, which local newspapers and historians have documented. Thorpe’s actions led to major cities like \u003ca href=\"https://apnews.com/article/immigration-lifestyle-california-discrimination-race-and-ethnicity-aee187a07daeb4ef3e53459347e6ae81\">San José\u003c/a>, Los Angeles and \u003ca href=\"https://apnews.com/article/immigration-california-san-francisco-san-jose-714e5757c478f48a5a39cc6910e4f467\">San Francisco\u003c/a> passing similar resolutions.\u003c/p>\n\u003cp>The 2021 apology has also led to residents and historians delving deeper into the past and working to establish a Chinatown Historic District, complete with murals and museum exhibits highlighting the history and accomplishments of the community in Antioch.\u003c/p>\n\u003cfigure id=\"attachment_11979962\" class=\"wp-caption alignright\" style=\"max-width: 1440px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11979962\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut.jpg\" alt=\"A black and white photo with a blazing city and people watching in the foreground.\" width=\"1440\" height=\"1065\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut-800x592.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut-1020x754.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut-160x118.jpg 160w\" sizes=\"(max-width: 1440px) 100vw, 1440px\">\u003cfigcaption class=\"wp-caption-text\">Photo of San José’s Market Street Chinatown fire in 1887, believed to be arson. \u003ccite>(Courtesy History San Jose)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chinese laborers were among the early population in Antioch, which was named in 1851. They likely numbered just under 100, said Lucy Meinhardt, an Antioch Historical Society Museum board member. They worked in farms, canneries and mines. They helped build river levees and established a Chinatown where the city’s downtown now stands.\u003c/p>\n\u003cp>In the 19th century, Chinese people across California endured discrimination such as wage disparity, bans on property ownership and sundown laws that barred them from going outside after dark. Those working and living around Antioch were no different.\u003c/p>\n\u003cp>In 1871, a massive fire wiped out several blocks of Antioch’s Chinatown. The townspeople decided that a Chinese laundry needed to be torn down to stop the blaze. Then, in 1876, local newspapers reported that another blaze was deliberately started to drive six Chinese women who were allegedly prostitutes out of their homes. A Buddhist/Tao temple also perished in the fire, Meinhardt said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It became popular local lore that Antioch was a “sundown town,” and Chinese residents used tunnels to skirt the rules. Meinhardt said there is no record of such a law, “but it had to have been a practice if it existed. I still suspect it existed.”\u003c/p>\n\u003cp>Before getting involved with the Antioch Historical Society and becoming committee chair for its Chinese History Project, Hans Ho said he had no idea a Chinatown once existed there. Chinese people were undoubtedly treated as second-class citizens, Ho said, who emigrated from Hong Kong in the 1960s.\u003c/p>\n\u003cp>“Regardless of which narrative you believe in, it is still an atrocity because these people were expelled or persecuted without due process of law, and their houses were burned down,” he said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11975584,news_11973503,news_11953107,news_11974445\"]He was also one of the representatives from the Chinese American community to receive Thorpe’s apology, an act that moved him to tears.\u003c/p>\n\u003cp>“I was shamelessly crying,” said Ho, who became visibly choked up just recalling that moment. “It’s the most obvious means of reconciliation that I’ve ever encountered.”\u003c/p>\n\u003cp>Today, the city of more than 111,000 is 25% white, while Asians make up 12%. Hispanic and Black residents make up 35% and 20% of the population, respectively. Making progress on Asian American representation in public spaces remains an uphill struggle. Plans for a public memorial paying tribute to early Chinese settlers are at a standstill after a consultant recommended the city invest in more research.\u003c/p>\n\u003cp>Even creating a space for some materials related to Chinese residents at the Antioch Historical Society Museum has gotten pushback.\u003c/p>\n\u003cp>“(One board member) said that they wanted this to be an ‘American’ museum,” said Dwayne Eubanks, a past president of the historical society, who is African American. “I took umbrage to that.”\u003c/p>\n\u003cp>He held up a picture of his father in his Army uniform and told the man: “This is an American.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Dwayne Eubanks, former president, Antioch Historical Society Museum\"]‘We do not want this to happen to our grandkids. We don’t want history to repeat itself.’[/pullquote]On Saturday, Eubanks, Meinhardt and Ho all attended the May We Gather event in Antioch, which organizers described as the first national memorial service and pilgrimage in response to anti-Asian violence. Attendees, including the three residents, walked meditatively with Buddhist monks, nuns and lay leaders around the city block where Antioch’s Chinatown stood 150 years ago.\u003c/p>\n\u003cp>Ho said such events, while educational, should guard against portraying communities of color as victims and instead spotlight stories of Asian American accomplishments in the face of stark adversity. Somewhat agreeing with his friend, Eubanks pointed out that “healing is a two-way street” and that those who hate must first understand and acknowledge what happened.\u003c/p>\n\u003cp>“And then they have the opportunity to accept the medicine because hate is a sickness,” he said. “We do not want this to happen to our grandkids. We don’t want history to repeat itself.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Over the last two years, the quiet city of Antioch, California, has been wrestling with its long and complicated history of discrimination against early Chinese immigrants during the gold rush.","status":"publish","parent":0,"modified":1710885842,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1045},"headData":{"title":"Antioch Confronts History of Discrimination Against Chinese Immigrants | KQED","description":"Over the last two years, the quiet city of Antioch, California, has been wrestling with its long and complicated history of discrimination against early Chinese immigrants during the gold rush.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Antioch Confronts History of Discrimination Against Chinese Immigrants","datePublished":"2024-03-19T21:00:02.000Z","dateModified":"2024-03-19T22:04:02.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Terry Tang and Deepa Bharath\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11979945/antioch-confronts-history-of-discrimination-against-chinese-immigrants","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 1939, after attending the Golden Gate International Exposition in \u003ca href=\"https://apnews.com/hub/california\">San Francisco\u003c/a>, Alfred Chan and his friends were headed back home to the Sacramento-San Joaquin Delta.\u003c/p>\n\u003cp>“They got really hungry and decided to stop halfway in \u003ca href=\"https://apnews.com/article/buddhist-ritual-karmic-healing-antiasian-hate-b77f2efa55ad8c9f955457157b46e3c8\">Antioch\u003c/a> for a meal,” his son Ron Chan said. But, the waitress refused to serve the young men or even talk to them. They left the establishment an hour later, hungry and humiliated.\u003c/p>\n\u003cp>Eighty-two years after that incident, Alfred Chan received an apology delivered in person by Antioch Mayor Lamar Thorpe in November 2022. Chan, a World War II veteran who served in the U.S. Navy and worked 38 years for the city of Oakland, died at age 98, about three months after hearing those words.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘An apology may be just words that may not be enough to resolve all issues from the past. But without that first step, we have no progress.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Ron Chan ","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It helped close a bad moment in my father’s life,” Ron Chan said, adding that it gave him peace to see his father’s closure as well. “An apology may be just words that may not be enough to resolve all issues from the past. But without that first step, we have no progress.”\u003c/p>\n\u003cp>In May 2021, Thorpe issued a formal apology for Antioch’s mistreatment of early Chinese immigrants, including the torching of Chinatown and driving out its residents, which local newspapers and historians have documented. Thorpe’s actions led to major cities like \u003ca href=\"https://apnews.com/article/immigration-lifestyle-california-discrimination-race-and-ethnicity-aee187a07daeb4ef3e53459347e6ae81\">San José\u003c/a>, Los Angeles and \u003ca href=\"https://apnews.com/article/immigration-california-san-francisco-san-jose-714e5757c478f48a5a39cc6910e4f467\">San Francisco\u003c/a> passing similar resolutions.\u003c/p>\n\u003cp>The 2021 apology has also led to residents and historians delving deeper into the past and working to establish a Chinatown Historic District, complete with murals and museum exhibits highlighting the history and accomplishments of the community in Antioch.\u003c/p>\n\u003cfigure id=\"attachment_11979962\" class=\"wp-caption alignright\" style=\"max-width: 1440px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11979962\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut.jpg\" alt=\"A black and white photo with a blazing city and people watching in the foreground.\" width=\"1440\" height=\"1065\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut-800x592.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut-1020x754.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/03/19973001683_qut-160x118.jpg 160w\" sizes=\"(max-width: 1440px) 100vw, 1440px\">\u003cfigcaption class=\"wp-caption-text\">Photo of San José’s Market Street Chinatown fire in 1887, believed to be arson. \u003ccite>(Courtesy History San Jose)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chinese laborers were among the early population in Antioch, which was named in 1851. They likely numbered just under 100, said Lucy Meinhardt, an Antioch Historical Society Museum board member. They worked in farms, canneries and mines. They helped build river levees and established a Chinatown where the city’s downtown now stands.\u003c/p>\n\u003cp>In the 19th century, Chinese people across California endured discrimination such as wage disparity, bans on property ownership and sundown laws that barred them from going outside after dark. Those working and living around Antioch were no different.\u003c/p>\n\u003cp>In 1871, a massive fire wiped out several blocks of Antioch’s Chinatown. The townspeople decided that a Chinese laundry needed to be torn down to stop the blaze. Then, in 1876, local newspapers reported that another blaze was deliberately started to drive six Chinese women who were allegedly prostitutes out of their homes. A Buddhist/Tao temple also perished in the fire, Meinhardt said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It became popular local lore that Antioch was a “sundown town,” and Chinese residents used tunnels to skirt the rules. Meinhardt said there is no record of such a law, “but it had to have been a practice if it existed. I still suspect it existed.”\u003c/p>\n\u003cp>Before getting involved with the Antioch Historical Society and becoming committee chair for its Chinese History Project, Hans Ho said he had no idea a Chinatown once existed there. Chinese people were undoubtedly treated as second-class citizens, Ho said, who emigrated from Hong Kong in the 1960s.\u003c/p>\n\u003cp>“Regardless of which narrative you believe in, it is still an atrocity because these people were expelled or persecuted without due process of law, and their houses were burned down,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11975584,news_11973503,news_11953107,news_11974445"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>He was also one of the representatives from the Chinese American community to receive Thorpe’s apology, an act that moved him to tears.\u003c/p>\n\u003cp>“I was shamelessly crying,” said Ho, who became visibly choked up just recalling that moment. “It’s the most obvious means of reconciliation that I’ve ever encountered.”\u003c/p>\n\u003cp>Today, the city of more than 111,000 is 25% white, while Asians make up 12%. Hispanic and Black residents make up 35% and 20% of the population, respectively. Making progress on Asian American representation in public spaces remains an uphill struggle. Plans for a public memorial paying tribute to early Chinese settlers are at a standstill after a consultant recommended the city invest in more research.\u003c/p>\n\u003cp>Even creating a space for some materials related to Chinese residents at the Antioch Historical Society Museum has gotten pushback.\u003c/p>\n\u003cp>“(One board member) said that they wanted this to be an ‘American’ museum,” said Dwayne Eubanks, a past president of the historical society, who is African American. “I took umbrage to that.”\u003c/p>\n\u003cp>He held up a picture of his father in his Army uniform and told the man: “This is an American.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We do not want this to happen to our grandkids. We don’t want history to repeat itself.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Dwayne Eubanks, former president, Antioch Historical Society Museum","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>On Saturday, Eubanks, Meinhardt and Ho all attended the May We Gather event in Antioch, which organizers described as the first national memorial service and pilgrimage in response to anti-Asian violence. Attendees, including the three residents, walked meditatively with Buddhist monks, nuns and lay leaders around the city block where Antioch’s Chinatown stood 150 years ago.\u003c/p>\n\u003cp>Ho said such events, while educational, should guard against portraying communities of color as victims and instead spotlight stories of Asian American accomplishments in the face of stark adversity. Somewhat agreeing with his friend, Eubanks pointed out that “healing is a two-way street” and that those who hate must first understand and acknowledge what happened.\u003c/p>\n\u003cp>“And then they have the opportunity to accept the medicine because hate is a sickness,” he said. “We do not want this to happen to our grandkids. We don’t want history to repeat itself.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11979945/antioch-confronts-history-of-discrimination-against-chinese-immigrants","authors":["byline_news_11979945"],"categories":["news_8"],"tags":["news_19122","news_31655","news_20228"],"featImg":"news_11979973","label":"news"},"news_11977602":{"type":"posts","id":"news_11977602","meta":{"index":"posts_1591205157","site":"news","id":"11977602","score":null,"sort":[1709290826000]},"guestAuthors":[],"slug":"how-the-racial-justice-act-could-shake-up-californias-criminal-court-system","title":"How the Racial Justice Act Could Shake Up California's Criminal Court System","publishDate":1709290826,"format":"audio","headTitle":"How the Racial Justice Act Could Shake Up California’s Criminal Court System | KQED","labelTerm":{},"content":"\u003cp dir=\"ltr\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/p>\n\u003cp dir=\"ltr\">Race has been a mostly silent character in criminal courtrooms. Historically, people accused of crimes haven’t been able to raise claims of racial bias in the justice system to defend themselves from a criminal accusation.\u003c/p>\n\u003cp dir=\"ltr\">But in 2020, California passed the Racial Justice Act, a groundbreaking law that allows criminal defendants to argue that racism may have played a role in how the justice system handled their case and ask for the court to provide a remedy. It’s the first law of its kind in the nation.\u003c/p>\n\u003cp dir=\"ltr\">KQED’s Annelise Finney explains how one case in Contra Costa County is testing the limits of the new law.\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC3440899700&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp dir=\"ltr\">\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11975584/californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa\" target=\"_blank\" rel=\"noopener\">California’s Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa\u003c/a>\u003c/p>\n\u003c/li>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11974853/judge-finds-8-antioch-police-officers-tainted-by-racial-bias-reduces-criminal-charges\" target=\"_blank\" rel=\"noopener\">Judge Finds 8 Antioch Police Officers Tainted by Racial Bias, Reduces Criminal Charges\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp class=\"p1\">\u003ci>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>The following episode contains explicit language. I’m Alan Montecillo in for Ericka Cruz Guevarra. And welcome to the Bay local news to keep you rooted. Race is central to our conversations about criminal justice in America. But once you actually enter the criminal courtroom, race is a mostly silent character. That’s because people accused of crimes haven’t been able to raise claims of racial bias in the justice system to defend themselves. But that has changed thanks to a new, groundbreaking state law.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>This is groundbreaking and historic. The type of information that we’ve been able to present through our expert witnesses is not something that has been traditionally allowed to be brought into criminal courts.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>This law is called the Racial Justice Act, the first of its kind in the nation. And now we’re seeing it affect real people’s lives, including in one high profile case in Contra Costa County.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>It feels like for the first time, the court system is talking in a real, open and honest way about its racist legacy.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Today, I spoke with KQED’s annelise Finney about the Racial Justice Act and how it changed the course of one trial in Antioch.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>The Racial Justice Act is a 2020 California law that essentially prohibits the government from seeking a conviction on the basis of race, ethnicity, or national origin. What it did that’s pretty groundbreaking is it created a way for people who are accused of crimes to challenge the charges against them in court. So in the process of their trial and as the case moves towards trial, they can ask the judge to throw out portions of the charges against them. If they can prove that racism was involved in either their arrest or their way, they were charged.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>How radical of a change is that from the way the criminal court system has normally functioned?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>That’s a huge change. I mean, public defenders and people of color, black people in particular, have been calling out racism in the justice system for decades. In the US, court cases have often been this very high profile case in which racism in America is on display. Like, for example, if you think about the Central Park Five case, if you think about the OJ Simpson case. Race was a huge part of these cases, but it wasn’t really an actor that had the ability to speak. There was no way to raise racism in criminal court cases. So it didn’t really get raised and people were convicted and sent to prison, even when racism may have played a part in how they ended up on trial in the first place.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>How many people could this law affect?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>This could affect tens of thousands of people. One estimate is that three quarters of people who are currently in California state prisons could have viable Racial Justice Act claims, and that’s about 90,000 people.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So the Racial Justice Act passed in 2020. Why are we talking about this law now?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So when this law was approved, there was still a fair amount to be figured out. And a lot of that figuring out is going to happen later as the law is put into practice and the court responds to it in different ways. Over the last year, we’ve begun to see a lot of these test cases, and one in particular in Antioch, caught my attention and has made some big changes in understanding how this law is going to work in California.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, let’s dive into this murder case in Contra Costa County. Where does this story begin?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>On March 9th in 2021, the police allege that four men shot a car 40 times in a drive by shooting on a residential street in Antioch. One young man, Arnold Marcel Hawkins, who was 22 at the time, was killed and another man was seriously injured. Less than a month later, the police arrested four young men from all over Northern California, all of whom were black, and the police say that the shooting was the product of a feud between two East Bay gangs. The four young men who were arrested include Eric Windham, Terry on Pugh, Trent Allen, and Keyshawn McGee. Their arrest was the product of a coalition of a lot of East Bay law enforcement working together, and when they make this arrest, they say, essentially this is a big win for cutting down on gun violence and particularly gang fueled gun violence in the East Bay.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>And what were these four men initially charged with?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>The top charges are murder and attempted murder, and both of those carry a series of enhancements. Enhancements are a type of additional charge that can be added on top of a criminal charge. And essentially what they do is just lengthen the possible sentence somebody might get if they’re convicted at trial. Enhancements on a murder charge can lead to the death penalty. But in Contra Costa County, the D.A. has said they’re not going to charge the death penalty. So the top sentence that could have resulted from that would have been life in prison without parole.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So how does the Racial Justice Act, this new law in California, come in in this murder case?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>One of the defense attorneys on this case is somebody who works for Contra Costa as alternate public defender, an attorney named Evan Kuluk.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>I’ve been a public defender for a little over 15 years.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney; \u003c/strong>And he said that he has seen tons of young men, both black and Latino, being charged with gang enhancements.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>Especially from Richmond and especially from Antioch, being charged with gang allegations.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So he decided he wanted to look into this and use this new California law. He asked the Contra Costa District attorney to provide data to him on their charging practices, specifically about gang enhancements.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>And what does this data show?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, the records he got were from 2015 to 2022. He found that black men accused of gang related murders were 44% more likely to be charged with special circumstance gang enhancements than defendants of other races who were accused of similar gang related murders.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what does that mean then? What happens with this data and how does it change the case against these four men?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So using this data, Evan goes to the court and he requests a racial justice hearing. He calls in a UC Irvine statistician to talk about what this data means and explain how they came to these numbers. And ultimately the judge sits in decision for a while and decides to dismiss the gang enhancements. Interestingly, in this case, it doesn’t make that much of a difference in terms of their sentencing risk or what they could be sentenced to. But it is an important win, and it sets a precedent for the state around gang enhancements.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So lawyers are successful at using data to get these gang enhancements dropped using the Racial Justice Act. But we also know that’s not the only time that this issue of racial bias comes up in in this murder case in Antioch. And I know it relates to a pretty egregious and I think, well known scandal at the Antioch Police Department. Tell us about that scandal and how it relates to this case.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>In the spring of last year, an FBI probe into behavior by Antioch and Pittsburgh police officers came across hundreds of text messages sent between members of both departments.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Those texts, were racist, and use homophobic language to talk about people that they’re investigating.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>Finding between 2019 and 2022, officers texted messages like, “We just ean down a monkey.”\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>Messages like this one, where an officer wrote, “I’ll bury that n in my fields. And yes, it was a hard R on purpose.”\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And when these texts become public, there’s a massive uproar in both of those cities.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>Tempers and emotions certainly boiled over during public comment. And what I saw inside really was a city reckoning with what residents have said are years of discriminatory treatment by police. But even Mayor Lamar Thorpe said, has persisted in Antioch for far too long.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And I know one reason why these texts became such a big deal, besides the fact that the language used in them is horrific and offensive, is that they’re often discussing criminal cases, including this one. Right?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>That’s right. So two investigating officers in this case, Eric Rambert and Jonathan Adams, spoke explicitly about the defendants. This was while they were on assignment, surveilling the four suspects at the time at a barbecue place in Concord. And they have an exchange over a period of 22 minutes. And then they really specifically joked about violence towards the suspects. In one example, one officer writes about kicking Trent Allen, one of the young men, in the head, and kicking his head like a football. In another example, they take photos of two of the young men who are injured in their hospital beds in various states of undress and send that to other officers.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So how did people react when these texts became public, especially the loved ones of the four defendants?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>When this information becomes public, the Antioch Police Department puts about half of the department on leave. And as I said before, people were furious, and in particular the family members of the four young men on trial.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>I just don’t understand why these officers is not taking no accountability for what they did.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>At one court hearing, Sheryll Cobbs, the mother of Trent Allen, was particularly upset that the officers were somehow evading the subpoenas that had been served to them to come to court to testify about the text messages that they sent. I.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Schirelle Cobbs: \u003c/strong>Don’t understand that. It’s hard. Hard for me to sleep at night. And I see officers. Afraid. Not knowing if these officers got high powered is nothing going on, isn’t it’s taking so long for something for these officers to get arrested for doing a crime that they did.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what do lawyers for these four young men do with this information, with these explicitly racist texts that are now in the public?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Yeah. So they turn around and fresh off their last racial justice hearing when they ask for a second racial justice hearing, this time saying that the police officers who investigated this case were tainted by racial bias. And the proof of that is these racist text messages. What the defense attorneys asked for in this second hearing is for the judge to throw out essentially any charge, any enhancement that might lead to a life without parole sentence. And that’s something that they think is important, because here they believe the entire police department is compromised by racial bias.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>The sheer number of officers on these texts showed that they were supporting each other, that they weren’t afraid, to use that language amongst a large…\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And this is something that defense attorney Evan Kuluk spoke about at a press conference outside the courtroom one afternoon.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>The tropes, the language harkened back to a horrific, history of racism, slavery, lynchings.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what does the judge decide to do?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So ultimately, Judge David Goldstein hears the arguments from the defense. He hears from a series of experts who talk about racial bias. He says with this for a number of months, and ultimately decides to strike all enhancements that could lead to a life without parole sentence.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>That sounds like a lot.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>It is a lot. I mean, it takes what would otherwise be a life sentence and returns it to something that means that these young men could one day get out of prison if they’re ultimately convicted at trial.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Annelise. Why do you think this case in Contra Costa County is one of the first examples of the Racial Justice Act being successfully used? Like why here and why now? Do you think.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>This is something I talked to the district attorney’s office about?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>I think there are a number of sort of converging points that have come together to make this the most relevant legal issue in Contra Costa County.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And one person I spoke to, Simon O’Connell, who’s a chief assistant D.A., said that he thought it was sort of the perfect storm in a Contra Costa County. The DA was willing to provide data to the defense in that first Racial Justice Act claim.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>I think that stems from a desire, to be transparent.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Which is pretty different than what a lot of counties do, where DA’s have been incredibly resistant to requests for data by public defenders. And then on top of that, they had this massive scandal. This is one of the biggest police scandals to hit the Bay area since the riders case in Oakland in the early 2000. So those things together set up this case for a really impactful series of Racial Justice Act claims.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>There’s no greater crime than murder. And at the same time, we have expressed racial animus, and that’s why it’s getting so much attention as well. The state is watching.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Coming up, how the Racial Justice Act could make bigger waves across California. Stay with us.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>What would it take then, for this law to have a bigger impact in California beyond this one case in Antioch?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>As I mentioned before, this new law is really just kind of getting up and running. We’re still figuring out how courts are going to respond to it, and public defenders are still learning how to bring these types of cases. One thing they need in order to be successful is a lot of financial support. Getting experts to consult with you, getting them to come to a hearing that can cost a lot of money that public defenders often don’t have. On top of that, a lot of people who are in prison who might be eligible to bring these types of claims, they need lawyers to begin with, and there aren’t enough public defenders available to provide that appellate defense. That’s something that California doesn’t guarantee to people who are in prison. The access to a free attorney. If you want to bring a challenge to a conviction that’s already been established. There’s also data, this type of statistical claim where you’re pointing out implicit bias. You have to have a lot of data for that. And a lot of places just don’t even collect data. Counties have never been required in California to collect data on the race of the people they charge or the people they convict. And that’s something that the state of California is trying to change.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So if you’re someone who wants to reform the criminal justice system, reduce or even get rid of mass incarceration, you need a lot of things to go right essentially for this law. But are there ways this could go sideways? Like, what are the ways that the Racial Justice Act could be unsuccessful?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Well, I mean, if those two things aren’t provided, if data and funding are not provided, it’s going to be pretty hard for this to really get any traction and be the sort of engine for de cursory action that I think it’s proponents hope that it will be. Another thing that could go sideways here is that ultimately, we don’t have another system of accountability right now. We just have the justice system, our courts that we’re all familiar with, and that this law is trying to make better and make more just for the residents of this state. But when we are able to poke holes in it and say, you know, the police are proving to have been racist, the charging practices are proving to have been racist. Where does that leave us? How do we rebuild it and tear it down at the same time?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, and where does it leave victims and their families? Right. That’s the one thing we haven’t talked about yet. You know, what impact could this have on people who are hoping for the justice system, such as it is to provide some kind of closure? And then it’s discovered that the whole process might have been tainted by racial bias. Where does it leave them?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Well, it leads them in a really hard spot. I spoke for a while with the mother of Arnold Marcell Hawkins, Brandi Griffin, and for her, watching these hearings was excruciating. She was just seeing what felt to her like justice slipping out of her hands.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Brandi Griffin: \u003c/strong>I don’t give a shit about the racist Texas. We all talk racist shit. The principal knew he was murdered.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>She was very upset and spoke about this at a press conference one afternoon outside of the courthouse.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Brandi Griffin; \u003c/strong>He is dead, Marcell. They killed him. This is about the murder of my son. Say his name. I know Marcell Hawkins. His name. Come on.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>One thing that is hardest with hearing what Brandi has to say is that her perception in that moment is that maybe this would have played out differently if her son wasn’t black, that maybe. Also, there’s this double edged sword where racism is perhaps being perpetrated against both the people who are accused in this crime and the people who are the victims of it.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what questions does Brandi Griffins predicament and this bigger case in Antioch bring up for you?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>You know, this is something that Simon O’Connell, the chief assistant to the DEA, brought up, which is this balance that the justice system right now is trying to strike.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>So this is something that is a real reckoning for how we just view criminal justice and the meaning of justice and outcomes for all people.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>How do we untangle this long history of racism in our justice system, a history that is in many ways shaped the way our justice system works, while also providing accountability, doing what the justice system set out to do for people like Brandi Griffin, who have lost loved ones. I think part of what’s challenging here is that in California, the people who are most likely to be the victims of crime are also people of color, particularly low income people. And we need to have something we can offer them that actually works.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, Annelise. Thank you so much.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Thanks for having me.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>That was KQED reporter Annalise Finney. This conversation was cut down by Ellie Prickett Morgan and edited by me. Maria a skincare scored this episode and edited all the tape. Additional production support from Ericka Cruz Guevara. Music courtesy of Audio Network and First Car Music. The Bay is a production of KQED Public Radio in San Francisco. Jen Chan is our director of podcasts. Katie Springer is our podcast operations manager. Cesar Saldana is our podcast engagement producer. Marcus Stannard is our podcast engagement intern. And KQED chief content officer is Holly Kernan. I’m Alan Marsilio in for Ericka Cruz Guevara. Thanks for listening. Talk to you Monday.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp style=\"font-weight: 400\">\n\u003c/p>\n","blocks":[],"excerpt":"In this episode of The Bay, KQED's Annelise Finney breaks down California's groundbreaking Racial Justice Act.","status":"publish","parent":0,"modified":1709663601,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":2,"wordCount":3656},"headData":{"title":"How the Racial Justice Act Could Shake Up California's Criminal Court System | KQED","description":"In this episode of The Bay, KQED's Annelise Finney breaks down California's groundbreaking Racial Justice Act.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How the Racial Justice Act Could Shake Up California's Criminal Court System","datePublished":"2024-03-01T11:00:26.000Z","dateModified":"2024-03-05T18:33:21.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC3440899700.mp3?updated=1709236148","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11977602/how-the-racial-justice-act-could-shake-up-californias-criminal-court-system","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp dir=\"ltr\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/p>\n\u003cp dir=\"ltr\">Race has been a mostly silent character in criminal courtrooms. Historically, people accused of crimes haven’t been able to raise claims of racial bias in the justice system to defend themselves from a criminal accusation.\u003c/p>\n\u003cp dir=\"ltr\">But in 2020, California passed the Racial Justice Act, a groundbreaking law that allows criminal defendants to argue that racism may have played a role in how the justice system handled their case and ask for the court to provide a remedy. It’s the first law of its kind in the nation.\u003c/p>\n\u003cp dir=\"ltr\">KQED’s Annelise Finney explains how one case in Contra Costa County is testing the limits of the new law.\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC3440899700&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp dir=\"ltr\">\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11975584/californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa\" target=\"_blank\" rel=\"noopener\">California’s Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa\u003c/a>\u003c/p>\n\u003c/li>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11974853/judge-finds-8-antioch-police-officers-tainted-by-racial-bias-reduces-criminal-charges\" target=\"_blank\" rel=\"noopener\">Judge Finds 8 Antioch Police Officers Tainted by Racial Bias, Reduces Criminal Charges\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp class=\"p1\">\u003ci>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>The following episode contains explicit language. I’m Alan Montecillo in for Ericka Cruz Guevarra. And welcome to the Bay local news to keep you rooted. Race is central to our conversations about criminal justice in America. But once you actually enter the criminal courtroom, race is a mostly silent character. That’s because people accused of crimes haven’t been able to raise claims of racial bias in the justice system to defend themselves. But that has changed thanks to a new, groundbreaking state law.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>This is groundbreaking and historic. The type of information that we’ve been able to present through our expert witnesses is not something that has been traditionally allowed to be brought into criminal courts.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>This law is called the Racial Justice Act, the first of its kind in the nation. And now we’re seeing it affect real people’s lives, including in one high profile case in Contra Costa County.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>It feels like for the first time, the court system is talking in a real, open and honest way about its racist legacy.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Today, I spoke with KQED’s annelise Finney about the Racial Justice Act and how it changed the course of one trial in Antioch.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>The Racial Justice Act is a 2020 California law that essentially prohibits the government from seeking a conviction on the basis of race, ethnicity, or national origin. What it did that’s pretty groundbreaking is it created a way for people who are accused of crimes to challenge the charges against them in court. So in the process of their trial and as the case moves towards trial, they can ask the judge to throw out portions of the charges against them. If they can prove that racism was involved in either their arrest or their way, they were charged.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>How radical of a change is that from the way the criminal court system has normally functioned?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>That’s a huge change. I mean, public defenders and people of color, black people in particular, have been calling out racism in the justice system for decades. In the US, court cases have often been this very high profile case in which racism in America is on display. Like, for example, if you think about the Central Park Five case, if you think about the OJ Simpson case. Race was a huge part of these cases, but it wasn’t really an actor that had the ability to speak. There was no way to raise racism in criminal court cases. So it didn’t really get raised and people were convicted and sent to prison, even when racism may have played a part in how they ended up on trial in the first place.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>How many people could this law affect?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>This could affect tens of thousands of people. One estimate is that three quarters of people who are currently in California state prisons could have viable Racial Justice Act claims, and that’s about 90,000 people.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So the Racial Justice Act passed in 2020. Why are we talking about this law now?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So when this law was approved, there was still a fair amount to be figured out. And a lot of that figuring out is going to happen later as the law is put into practice and the court responds to it in different ways. Over the last year, we’ve begun to see a lot of these test cases, and one in particular in Antioch, caught my attention and has made some big changes in understanding how this law is going to work in California.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, let’s dive into this murder case in Contra Costa County. Where does this story begin?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>On March 9th in 2021, the police allege that four men shot a car 40 times in a drive by shooting on a residential street in Antioch. One young man, Arnold Marcel Hawkins, who was 22 at the time, was killed and another man was seriously injured. Less than a month later, the police arrested four young men from all over Northern California, all of whom were black, and the police say that the shooting was the product of a feud between two East Bay gangs. The four young men who were arrested include Eric Windham, Terry on Pugh, Trent Allen, and Keyshawn McGee. Their arrest was the product of a coalition of a lot of East Bay law enforcement working together, and when they make this arrest, they say, essentially this is a big win for cutting down on gun violence and particularly gang fueled gun violence in the East Bay.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>And what were these four men initially charged with?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>The top charges are murder and attempted murder, and both of those carry a series of enhancements. Enhancements are a type of additional charge that can be added on top of a criminal charge. And essentially what they do is just lengthen the possible sentence somebody might get if they’re convicted at trial. Enhancements on a murder charge can lead to the death penalty. But in Contra Costa County, the D.A. has said they’re not going to charge the death penalty. So the top sentence that could have resulted from that would have been life in prison without parole.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So how does the Racial Justice Act, this new law in California, come in in this murder case?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>One of the defense attorneys on this case is somebody who works for Contra Costa as alternate public defender, an attorney named Evan Kuluk.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>I’ve been a public defender for a little over 15 years.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney; \u003c/strong>And he said that he has seen tons of young men, both black and Latino, being charged with gang enhancements.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>Especially from Richmond and especially from Antioch, being charged with gang allegations.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So he decided he wanted to look into this and use this new California law. He asked the Contra Costa District attorney to provide data to him on their charging practices, specifically about gang enhancements.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>And what does this data show?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, the records he got were from 2015 to 2022. He found that black men accused of gang related murders were 44% more likely to be charged with special circumstance gang enhancements than defendants of other races who were accused of similar gang related murders.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what does that mean then? What happens with this data and how does it change the case against these four men?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So using this data, Evan goes to the court and he requests a racial justice hearing. He calls in a UC Irvine statistician to talk about what this data means and explain how they came to these numbers. And ultimately the judge sits in decision for a while and decides to dismiss the gang enhancements. Interestingly, in this case, it doesn’t make that much of a difference in terms of their sentencing risk or what they could be sentenced to. But it is an important win, and it sets a precedent for the state around gang enhancements.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So lawyers are successful at using data to get these gang enhancements dropped using the Racial Justice Act. But we also know that’s not the only time that this issue of racial bias comes up in in this murder case in Antioch. And I know it relates to a pretty egregious and I think, well known scandal at the Antioch Police Department. Tell us about that scandal and how it relates to this case.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>In the spring of last year, an FBI probe into behavior by Antioch and Pittsburgh police officers came across hundreds of text messages sent between members of both departments.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Those texts, were racist, and use homophobic language to talk about people that they’re investigating.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>Finding between 2019 and 2022, officers texted messages like, “We just ean down a monkey.”\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>Messages like this one, where an officer wrote, “I’ll bury that n in my fields. And yes, it was a hard R on purpose.”\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And when these texts become public, there’s a massive uproar in both of those cities.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>Tempers and emotions certainly boiled over during public comment. And what I saw inside really was a city reckoning with what residents have said are years of discriminatory treatment by police. But even Mayor Lamar Thorpe said, has persisted in Antioch for far too long.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And I know one reason why these texts became such a big deal, besides the fact that the language used in them is horrific and offensive, is that they’re often discussing criminal cases, including this one. Right?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>That’s right. So two investigating officers in this case, Eric Rambert and Jonathan Adams, spoke explicitly about the defendants. This was while they were on assignment, surveilling the four suspects at the time at a barbecue place in Concord. And they have an exchange over a period of 22 minutes. And then they really specifically joked about violence towards the suspects. In one example, one officer writes about kicking Trent Allen, one of the young men, in the head, and kicking his head like a football. In another example, they take photos of two of the young men who are injured in their hospital beds in various states of undress and send that to other officers.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So how did people react when these texts became public, especially the loved ones of the four defendants?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>When this information becomes public, the Antioch Police Department puts about half of the department on leave. And as I said before, people were furious, and in particular the family members of the four young men on trial.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>News Anchor: \u003c/strong>I just don’t understand why these officers is not taking no accountability for what they did.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>At one court hearing, Sheryll Cobbs, the mother of Trent Allen, was particularly upset that the officers were somehow evading the subpoenas that had been served to them to come to court to testify about the text messages that they sent. I.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Schirelle Cobbs: \u003c/strong>Don’t understand that. It’s hard. Hard for me to sleep at night. And I see officers. Afraid. Not knowing if these officers got high powered is nothing going on, isn’t it’s taking so long for something for these officers to get arrested for doing a crime that they did.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what do lawyers for these four young men do with this information, with these explicitly racist texts that are now in the public?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Yeah. So they turn around and fresh off their last racial justice hearing when they ask for a second racial justice hearing, this time saying that the police officers who investigated this case were tainted by racial bias. And the proof of that is these racist text messages. What the defense attorneys asked for in this second hearing is for the judge to throw out essentially any charge, any enhancement that might lead to a life without parole sentence. And that’s something that they think is important, because here they believe the entire police department is compromised by racial bias.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>The sheer number of officers on these texts showed that they were supporting each other, that they weren’t afraid, to use that language amongst a large…\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And this is something that defense attorney Evan Kuluk spoke about at a press conference outside the courtroom one afternoon.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Evan Kuluk: \u003c/strong>The tropes, the language harkened back to a horrific, history of racism, slavery, lynchings.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what does the judge decide to do?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>So ultimately, Judge David Goldstein hears the arguments from the defense. He hears from a series of experts who talk about racial bias. He says with this for a number of months, and ultimately decides to strike all enhancements that could lead to a life without parole sentence.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>That sounds like a lot.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>It is a lot. I mean, it takes what would otherwise be a life sentence and returns it to something that means that these young men could one day get out of prison if they’re ultimately convicted at trial.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Annelise. Why do you think this case in Contra Costa County is one of the first examples of the Racial Justice Act being successfully used? Like why here and why now? Do you think.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>This is something I talked to the district attorney’s office about?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>I think there are a number of sort of converging points that have come together to make this the most relevant legal issue in Contra Costa County.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>And one person I spoke to, Simon O’Connell, who’s a chief assistant D.A., said that he thought it was sort of the perfect storm in a Contra Costa County. The DA was willing to provide data to the defense in that first Racial Justice Act claim.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>I think that stems from a desire, to be transparent.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Which is pretty different than what a lot of counties do, where DA’s have been incredibly resistant to requests for data by public defenders. And then on top of that, they had this massive scandal. This is one of the biggest police scandals to hit the Bay area since the riders case in Oakland in the early 2000. So those things together set up this case for a really impactful series of Racial Justice Act claims.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>There’s no greater crime than murder. And at the same time, we have expressed racial animus, and that’s why it’s getting so much attention as well. The state is watching.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Coming up, how the Racial Justice Act could make bigger waves across California. Stay with us.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>What would it take then, for this law to have a bigger impact in California beyond this one case in Antioch?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>As I mentioned before, this new law is really just kind of getting up and running. We’re still figuring out how courts are going to respond to it, and public defenders are still learning how to bring these types of cases. One thing they need in order to be successful is a lot of financial support. Getting experts to consult with you, getting them to come to a hearing that can cost a lot of money that public defenders often don’t have. On top of that, a lot of people who are in prison who might be eligible to bring these types of claims, they need lawyers to begin with, and there aren’t enough public defenders available to provide that appellate defense. That’s something that California doesn’t guarantee to people who are in prison. The access to a free attorney. If you want to bring a challenge to a conviction that’s already been established. There’s also data, this type of statistical claim where you’re pointing out implicit bias. You have to have a lot of data for that. And a lot of places just don’t even collect data. Counties have never been required in California to collect data on the race of the people they charge or the people they convict. And that’s something that the state of California is trying to change.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So if you’re someone who wants to reform the criminal justice system, reduce or even get rid of mass incarceration, you need a lot of things to go right essentially for this law. But are there ways this could go sideways? Like, what are the ways that the Racial Justice Act could be unsuccessful?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Well, I mean, if those two things aren’t provided, if data and funding are not provided, it’s going to be pretty hard for this to really get any traction and be the sort of engine for de cursory action that I think it’s proponents hope that it will be. Another thing that could go sideways here is that ultimately, we don’t have another system of accountability right now. We just have the justice system, our courts that we’re all familiar with, and that this law is trying to make better and make more just for the residents of this state. But when we are able to poke holes in it and say, you know, the police are proving to have been racist, the charging practices are proving to have been racist. Where does that leave us? How do we rebuild it and tear it down at the same time?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, and where does it leave victims and their families? Right. That’s the one thing we haven’t talked about yet. You know, what impact could this have on people who are hoping for the justice system, such as it is to provide some kind of closure? And then it’s discovered that the whole process might have been tainted by racial bias. Where does it leave them?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Well, it leads them in a really hard spot. I spoke for a while with the mother of Arnold Marcell Hawkins, Brandi Griffin, and for her, watching these hearings was excruciating. She was just seeing what felt to her like justice slipping out of her hands.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Brandi Griffin: \u003c/strong>I don’t give a shit about the racist Texas. We all talk racist shit. The principal knew he was murdered.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>She was very upset and spoke about this at a press conference one afternoon outside of the courthouse.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Brandi Griffin; \u003c/strong>He is dead, Marcell. They killed him. This is about the murder of my son. Say his name. I know Marcell Hawkins. His name. Come on.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>One thing that is hardest with hearing what Brandi has to say is that her perception in that moment is that maybe this would have played out differently if her son wasn’t black, that maybe. Also, there’s this double edged sword where racism is perhaps being perpetrated against both the people who are accused in this crime and the people who are the victims of it.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So what questions does Brandi Griffins predicament and this bigger case in Antioch bring up for you?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>You know, this is something that Simon O’Connell, the chief assistant to the DEA, brought up, which is this balance that the justice system right now is trying to strike.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Simon O’Connell: \u003c/strong>So this is something that is a real reckoning for how we just view criminal justice and the meaning of justice and outcomes for all people.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>How do we untangle this long history of racism in our justice system, a history that is in many ways shaped the way our justice system works, while also providing accountability, doing what the justice system set out to do for people like Brandi Griffin, who have lost loved ones. I think part of what’s challenging here is that in California, the people who are most likely to be the victims of crime are also people of color, particularly low income people. And we need to have something we can offer them that actually works.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, Annelise. Thank you so much.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Annelise Finney: \u003c/strong>Thanks for having me.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>That was KQED reporter Annalise Finney. This conversation was cut down by Ellie Prickett Morgan and edited by me. Maria a skincare scored this episode and edited all the tape. Additional production support from Ericka Cruz Guevara. Music courtesy of Audio Network and First Car Music. The Bay is a production of KQED Public Radio in San Francisco. Jen Chan is our director of podcasts. Katie Springer is our podcast operations manager. Cesar Saldana is our podcast engagement producer. Marcus Stannard is our podcast engagement intern. And KQED chief content officer is Holly Kernan. I’m Alan Marsilio in for Ericka Cruz Guevara. Thanks for listening. Talk to you Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\n\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11977602/how-the-racial-justice-act-could-shake-up-californias-criminal-court-system","authors":["11649","11772","11802","11898","8654"],"categories":["news_8"],"tags":["news_19122","news_17725","news_33821","news_22598"],"featImg":"news_11961176","label":"source_news_11977602"},"news_11975584":{"type":"posts","id":"news_11975584","meta":{"index":"posts_1591205157","site":"news","id":"11975584","score":null,"sort":[1707838220000]},"guestAuthors":[],"slug":"californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa","title":"California's Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa","publishDate":1707838220,"format":"image","headTitle":"California’s Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The effort to change the fundamental way race is considered in the California justice system received a jolt last week when a Contra Costa Superior Court judge \u003ca href=\"https://www.kqed.org/news/11974853/judge-finds-8-antioch-police-officers-tainted-by-racial-bias-reduces-criminal-charges\">ruled that racism within the Antioch Police Department tainted a murder investigation\u003c/a>.\u003c/p>\n\u003cp>On Feb. 5, Judge David Goldstein, a former public defender, removed all gang enhancements that could have resulted in life without parole sentences for the four men charged with the murder. Defense attorneys used the California Racial Justice Act to argue that racism tainted the handling of the case, from the murder investigation to the charges given to the four defendants, all of whom are Black and in their early 20s.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Vienna Peterson Joiner, Eric Windom's mother \"]‘People think that just because slavery ended, racism was pulled out at the root. But it wasn’t.’[/pullquote]It was the second time Goldstein ruled that anti-Black bias had shaped elements of the case.\u003c/p>\n\u003cp>Race has been a mostly silent character in criminal courtrooms because race couldn’t be raised explicitly in court proceedings to defend someone accused of a crime until the RJA. The law, enacted in 2020, is the first of its kind in the country. Over several months, a KQED reporter attended the RJA hearings in the case. KQED also spoke with defense attorneys, prosecutors and community members about how the law is changing the way race is recognized in courtrooms.\u003c/p>\n\u003cp>At the end of July, four young men in yellow jumpsuits were spread across the courtroom as the afternoon sun streamed through windows behind Goldstein’s bench. Keyshawn McGee and Trent Allen sat in the jury box. Eric Windom and Terryonn Pugh were tucked in around the far end of the attorney’s table.\u003c/p>\n\u003cp>Behind them, the gallery was packed. The hallway outside the courtroom was filled with an overflow of family members, reporters and curious attorneys taking advantage of breaks between court appearances to get a glimpse of the historic hearing.\u003c/p>\n\u003cp>The four men were charged with an alleged gang-related murder and attempted murder. The murder charge included five enhancements.\u003c/p>\n\u003cp>Here’s what happened: On March 9, 2021, police allege that the four men shot a car 40 times in a drive-by shooting on a residential street in Antioch. Arnold Marcel Hawkins, 22, was killed and another man was wounded. The shooting was allegedly part of a long-running feud between two East Bay gangs. The arrests of the men \u003ca href=\"https://www.youtube.com/watch?v=80Gb7Z1vaLM\">were heralded by East Bay law enforcement\u003c/a> as a meaningful step toward reducing gun violence.\u003c/p>\n\u003cp>Updated last year, the RJA made two major changes to existing state law. First, it created a way for defense attorneys to raise racism in court to defend someone accused of a crime. Second, it broadened what kind of evidence the court can consider to include indications of implicit bias, usually an analysis of the outcomes of similar cases that reveal the preferential or discriminatory treatment of one demographic group or another.\u003c/p>\n\u003cp>In Contra Costa County, a growing number of RJA claims have recently gained traction. The ruling in the case against McGee, Allen, Pugh and Windom was the third time a Contra Costa judge has sided with the RJA, which allows judges to exclude witness testimony and drop charges, among other options.\u003c/p>\n\u003cp>“It will hopefully be a model for defendants across the state,” said Evan Kuluk, Windom’s attorney. “If the police who investigated their case were racially biased, used excessive force or spoke about them in racially discriminatory ways, there truly is a remedy available.”\u003c/p>\n\u003cp>The California Reparations Task Force submitted a \u003ca href=\"https://oag.ca.gov/ab3121/report\">1,000-page report\u003c/a> to the state Legislature last summer, which included provisions to strengthen the RJA.\u003c/p>\n\u003cp>“The heart of implicit bias is when racism becomes so endemic, so pervasive, so enduring, so intractable, that it’s normal course,” Donald Tamaki, an attorney and task force member, told KQED. “So how do you disrupt that?”\u003c/p>\n\u003cp>Last month, \u003ca href=\"https://www.kqed.org/news/11974445/california-reparations-backers-applaud-bills-even-without-big-cash-payouts\">members of California’s legislative Black Caucus introduced a package of bills\u003c/a>, including four proposed changes to the state’s justice system. The proposed legislation does not include cash payments, but Tamaki and fellow task member Lisa Holder said policies like the RJA are just as important to reducing racial disparities as cutting a check.\u003c/p>\n\u003cfigure id=\"attachment_11971366\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11971366\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-800x533.jpg\" alt=\"A person in a dark suit stands in front of a large outdoor flight of brick stairs.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Evan Kuluk, a public defender who used the California Racial Justice Act to argue that racism in the Antioch Police Department tainted a murder investigation, in front of the Wakefield Taylor Courthouse in Martinez on Aug. 25, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The district attorney\u003c/h2>\n\u003cp>Last spring, Kuluk was focused on how Contra Contra County district attorneys choose to add gang enhancements to murder charges.\u003c/p>\n\u003cp>“I’ve handled a lot of cases with gang allegations in this county and saw what I believe to be a disproportionate number of Black young men, especially from Richmond and Antioch, being charged with gang allegations,” said Kuluk, a public defender for 15 years.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"left\" citation=\"Evan Kuluk, attorney\"]‘If the police who investigated their case were racially biased, used excessive force or spoke about them in racially discriminatory ways, there truly is a remedy available.’[/pullquote]As a member of the county’s Alternate Defender Office, Kuluk was assigned to represent Windom, now 24, who was pursuing a music career at the time of his arrest.\u003c/p>\n\u003cp>Kuluk and Windom requested charging records from Contra Costa County District Attorney Diana Becton. With the help of a UC Irvine statistician, they found that from 2015–2022, Black men accused of gang-related murders were 44% more likely to be charged with enhancements than defendants of other races accused of similar gang-related murders.\u003c/p>\n\u003cp>“Because they carry mandatory LWOP, the filing of special circumstances is an assertion that an individual is irredeemable,” Kuluk told KQED, referring to a life without the possibility of parole sentence. “It is beyond unfair and unacceptable for the government to more frequently deem Black people unworthy to ever get the opportunity to prove their redemption to a parole board.”\u003c/p>\n\u003cp>Becton’s office disputed Kuluk’s findings, but in May, Windom and his co-defendants convinced the court that the district attorney had applied the enhancement in a biased way. The gang enhancement was dismissed. It was the first time in the United States, a country where Black residents are \u003ca href=\"https://www.sentencingproject.org/reports/the-color-of-justice-racial-and-ethnic-disparity-in-state-prisons-the-sentencing-project/\">five times more likely to be incarcerated in state prison than white residents\u003c/a>, that an argument of implicit bias in the justice system resulted in a charge being dropped from a criminal case.\u003c/p>\n\u003cp>Contra Costa Chief Assistant District Attorney Simon O’Connell said he doubted anyone in the office was knowingly targeting Black defendants for harsher punishment. But he said the RJA challenge gave the DA a reason to look more closely at their charging data.\u003c/p>\n\u003cp>“We don’t know what we don’t know,” he said. “It was important for us to start looking at historical data to see if, in fact, there were implicit biases and trends in our data, which would be surprising to us.”\u003c/p>\n\u003ch2>The police\u003c/h2>\n\u003cp>Windom and his three co-defendants had a second RJA hearing related to racist text messages uncovered by an FBI probe into alleged criminal activity by the Antioch and Pittsburg police departments.\u003c/p>\n\u003cp>Some of the messages were sent during the murder investigation. Here’s one exchange sent over the course of 22 minutes while officers were surveilling McGee, Allen, Pugh and Windom eating at a barbecue restaurant in Concord in March 2021:\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Antioch police officer Eric Rombough:\u003c/strong>\u003cem> “Sooo many black peolpe (sic).”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Antioch police officer Jonathan Adams:\u003c/strong>\u003cem> “Bro. They all look the same.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Rombough: \u003c/strong>\u003cem>“Tell me about it. I feel like I’m at the zoo.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Rombough:\u003c/strong>\u003cem> “They’re getting ice cream. Swarming to it like Hennessy. I bet its chicken.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Adams:\u003c/strong>\u003cem> “Could be ribs.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Rombough:\u003c/strong>\u003cem> “For sure watermelon and kool aid. I hate these idiots.”\u003c/em>\u003c/p>\n\u003cp>Other messages suggest Black people don’t like pools and can’t be seen in the dark, employing tropes used to demean Black people. Still, other messages use the N-word and include photos of Pugh and Allen in hospital beds after being injured by officers during their arrests. In the messages, the officers joke about kicking Allen’s head like a football.\u003c/p>\n\u003cp>Shirelle Cobbs, Allen’s mother, shook with rage outside of the courtroom after the texts were read during a hearing. “If it was the other way around, my son would be under the courthouse or dead,” she said.\u003c/p>\n\u003cp>Becton has recommended at least 30 criminal cases for dismissal that involve police work by officers involved in the text messaging exchanges. But not in this case.\u003c/p>\n\u003cp>In the second RJA claim, the men asked Goldstein to dismiss all the enhancements and to downgrade a number of the top charges. They argued that the racist text messages made it impossible for the investigating officers to have done their jobs free of bias. They argued that not only were the officers who sent the messages compromised but so was the entire police department.\u003c/p>\n\u003cp>In August, Claire Jean Kim, a UC Irvine political science professor and expert in racial bias, testified for the defense. The text messages included department supervisors. She said only in a department with an entrenched culture of racism would no one report the violations of department policy. And that, she said, is exactly what happened in the Antioch Police Department.\u003c/p>\n\u003cp>“The law can and must repudiate the decisions made by such decision-makers, both for the sake of the defendant and for the community that rests its trust in the justice system,” she told the court.\u003c/p>\n\u003cfigure id=\"attachment_11961176\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11961176\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-800x600.jpg\" alt=\"Two people with their hair in buns stand together looking at the camera in an outdoor setting.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-2048x1536.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Vienna Peterson Joiner (right) and Mariah Thomas drove up from Los Angeles to be in the courtroom during Eric Windom’s Racial Justice Act hearing in Martinez on Sept. 8, 2023. \u003ccite>(Annelise Finney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Vienna Peterson Joiner was frequently in the gallery watching Windom, her son, closely. She told KQED she was trying to decipher how he was feeling and whether he’d eaten by the way he sat in his chair. Peterson Joiner and Windom are not allowed to speak at his court appearances.\u003c/p>\n\u003cp>“I want to run up there and hug him,” she said. “I want to tell [the court] what we know about Eric.”\u003c/p>\n\u003cp>She drove to Martinez from Los Angeles for court dates, sometimes stopping to pick up her son’s fiance, Mariah Thomas, and their 1-year-old daughter. When Windom was a toddler, his father was incarcerated.\u003c/p>\n\u003cp>“His own experience with his father and his current situation and lack of ability to be fully there for his child now is weighing on him,” Kuluk told KQED.\u003c/p>\n\u003cp>For Thomas, the disruption to building a family with Windom is painful.\u003c/p>\n\u003cp>“He’s being held by people who don’t like the color of his skin,” she said. “That’s really what it boils down to because if these people were white, they would’ve been home. They would’ve been with their family.”\u003c/p>\n\u003cp>Peterson Joiner said it was a relief when the judge dropped the gang enhancement.\u003c/p>\n\u003cp>“I was glad that the judge did see that and paid attention to what was actually really going on,” she said. “People think that just because slavery ended, racism was pulled out at the root. But it wasn’t.”\u003c/p>\n\u003ch2>Data is the mechanism\u003c/h2>\n\u003cp>Natasha Minsker, a criminal justice reform policy consultant, said Becton’s willingness to provide data on charging practices has made the county a hot spot for attorneys testing the limits of the RJA using statistical evidence of discriminatory treatment. She, like Kuluk, is a member of the Racial Justice Act Implementation Working Group, a collection of advocates, attorneys and policymakers moving to bring claims.\u003c/p>\n\u003cp>As of Jan. 1, people who are currently and formerly incarcerated are now able to challenge their convictions using the RJA. Minsker said more than three-quarters of the state’s prison population — about 90,000 people — could have viable claims. If implemented, she said, the law could help end mass incarceration in California.\u003c/p>\n\u003cp>But to get there, defense attorneys need more funding and more data.\u003c/p>\n\u003cp>“They were incredibly cooperative,” Kuluk said of Becton’s office. “That’s not what has been happening in many other counties in California where DA’s offices have been hostile to public records requests that they interpret as potentially leading to Racial Justice Act claims.”\u003c/p>\n\u003cp>Cities and counties aren’t currently required to collect data on the race of defendants or to make that data public. According to a statewide survey conducted by the reparations task force, 12 out of 57 responding county DA offices, including Sacramento, do not collect data on an accused person’s race, making RJA claims extremely challenging, if not impossible.\u003c/p>\n\u003cp>Solano County, home to the Vallejo Police Department, did not respond to the survey. In October, \u003ca href=\"https://www.kqed.org/news/11964674/trust-has-been-broken-california-demands-vallejo-police-reforms-citing-major-rights-violations\">the state Department of Justice expanded oversight of the Vallejo police\u003c/a> after the department failed to comply with the vast majority of court-mandated reforms.\u003c/p>\n\u003cp>“Without access to data, the promise of the [Racial Justice] Act has the potential to ring hollow to many,” the task force wrote in its report.\u003c/p>\n\u003cp>[aside tag=\"racial-justice, racism\" label=\"More Related Stories\"]Among the 115 policy proposals suggested by the task force are \u003ca href=\"https://oag.ca.gov/system/files/media/ch28-ca-reparations.pdf\">a series meant to strengthen and expand the Racial Justice Act (PDF)\u003c/a>, including additional funding to help defense attorneys hire data analysts, penalties for district attorneys who fail to provide complete data and calls to fund the Justice Data Accountability and Transparency Act fully. The law, passed in 2022 and set to go into effect in 2027, will require district attorneys to report case data, including the race of the defendant and the victim, to the state DOJ.\u003c/p>\n\u003cp>“If you can bring irrefutable evidence of anti-Black bias within the criminal justice system to a court, then they will have no choice but to respond and to right the wrongs,” said Holder, who is also the president of the Equal Justice Society, an Oakland-based racial justice nonprofit.\u003c/p>\n\u003cp>Recently, Becton hired an analyst to guide the office’s data collection and preservation practices. In response to Windom’s claim, the office also established a committee review system for evaluating all special circumstances charges on articulable, race-neutral grounds before they are filed.\u003c/p>\n\u003cp>“This is the power of the Racial Justice Act,” Minsker said. “It makes all actors in the justice system responsible for pushing forward racial justice.”\u003c/p>\n\u003cp>Last month, the California DOJ published the state’s first-ever race-blind charging guidelines for prosecutors. A state law passed in 2022 will require county prosecutors to institute race-blind charging practices starting next year.\u003c/p>\n\u003cfigure id=\"attachment_11959229\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11959229\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-800x533.jpg\" alt=\"Two people hold signs, one depicting a man with a deep wound to his head, as one of the people speaks emphatically in an outdoor setting.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Kathryn Wade (left) and Carolyn Simmons speak out against the police violence that Wade says her son, Malad Baldwin, experienced at the hands of the Antioch Police Department at a rally in front of the AF Bray Courthouse in Martinez on Aug. 25, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For some, the recent RJA successes in Contra Costa come with a sting. At each court date for Windom’s RJA hearing, Hawkins’ family members were there, including his mother, Brandi Griffin. For six months after he was shot outside of their Antioch home, she kept him on life support, hoping her son, who she described as free-spirited, would recover.\u003c/p>\n\u003cp>“Our family has been sacrificed based on what the Antioch Police Department has done,” said Griffin, who told KQED that the case has stripped her faith in the justice system.\u003c/p>\n\u003cp>In front of the courthouse in July, she shouted at a scrum of reporters, her voice strained with grief and rage.\u003c/p>\n\u003cp>“I don’t give a shit about no racist shit!” she said. “What about my son?”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The Racial Justice Act was designed to radically reshape how our criminal justice system handles race. Contra Costa County has become a hot spot for cases testing the limits of the law. ","status":"publish","parent":0,"modified":1708544909,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":56,"wordCount":2737},"headData":{"title":"California's Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa | KQED","description":"The Racial Justice Act was designed to radically reshape how our criminal justice system handles race. Contra Costa County has become a hot spot for cases testing the limits of the law. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California's Groundbreaking Racial Justice Act Cuts Its Teeth in Contra Costa","datePublished":"2024-02-13T15:30:20.000Z","dateModified":"2024-02-21T19:48:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11975584/californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The effort to change the fundamental way race is considered in the California justice system received a jolt last week when a Contra Costa Superior Court judge \u003ca href=\"https://www.kqed.org/news/11974853/judge-finds-8-antioch-police-officers-tainted-by-racial-bias-reduces-criminal-charges\">ruled that racism within the Antioch Police Department tainted a murder investigation\u003c/a>.\u003c/p>\n\u003cp>On Feb. 5, Judge David Goldstein, a former public defender, removed all gang enhancements that could have resulted in life without parole sentences for the four men charged with the murder. Defense attorneys used the California Racial Justice Act to argue that racism tainted the handling of the case, from the murder investigation to the charges given to the four defendants, all of whom are Black and in their early 20s.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘People think that just because slavery ended, racism was pulled out at the root. But it wasn’t.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Vienna Peterson Joiner, Eric Windom's mother ","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>It was the second time Goldstein ruled that anti-Black bias had shaped elements of the case.\u003c/p>\n\u003cp>Race has been a mostly silent character in criminal courtrooms because race couldn’t be raised explicitly in court proceedings to defend someone accused of a crime until the RJA. The law, enacted in 2020, is the first of its kind in the country. Over several months, a KQED reporter attended the RJA hearings in the case. KQED also spoke with defense attorneys, prosecutors and community members about how the law is changing the way race is recognized in courtrooms.\u003c/p>\n\u003cp>At the end of July, four young men in yellow jumpsuits were spread across the courtroom as the afternoon sun streamed through windows behind Goldstein’s bench. Keyshawn McGee and Trent Allen sat in the jury box. Eric Windom and Terryonn Pugh were tucked in around the far end of the attorney’s table.\u003c/p>\n\u003cp>Behind them, the gallery was packed. The hallway outside the courtroom was filled with an overflow of family members, reporters and curious attorneys taking advantage of breaks between court appearances to get a glimpse of the historic hearing.\u003c/p>\n\u003cp>The four men were charged with an alleged gang-related murder and attempted murder. The murder charge included five enhancements.\u003c/p>\n\u003cp>Here’s what happened: On March 9, 2021, police allege that the four men shot a car 40 times in a drive-by shooting on a residential street in Antioch. Arnold Marcel Hawkins, 22, was killed and another man was wounded. The shooting was allegedly part of a long-running feud between two East Bay gangs. The arrests of the men \u003ca href=\"https://www.youtube.com/watch?v=80Gb7Z1vaLM\">were heralded by East Bay law enforcement\u003c/a> as a meaningful step toward reducing gun violence.\u003c/p>\n\u003cp>Updated last year, the RJA made two major changes to existing state law. First, it created a way for defense attorneys to raise racism in court to defend someone accused of a crime. Second, it broadened what kind of evidence the court can consider to include indications of implicit bias, usually an analysis of the outcomes of similar cases that reveal the preferential or discriminatory treatment of one demographic group or another.\u003c/p>\n\u003cp>In Contra Costa County, a growing number of RJA claims have recently gained traction. The ruling in the case against McGee, Allen, Pugh and Windom was the third time a Contra Costa judge has sided with the RJA, which allows judges to exclude witness testimony and drop charges, among other options.\u003c/p>\n\u003cp>“It will hopefully be a model for defendants across the state,” said Evan Kuluk, Windom’s attorney. “If the police who investigated their case were racially biased, used excessive force or spoke about them in racially discriminatory ways, there truly is a remedy available.”\u003c/p>\n\u003cp>The California Reparations Task Force submitted a \u003ca href=\"https://oag.ca.gov/ab3121/report\">1,000-page report\u003c/a> to the state Legislature last summer, which included provisions to strengthen the RJA.\u003c/p>\n\u003cp>“The heart of implicit bias is when racism becomes so endemic, so pervasive, so enduring, so intractable, that it’s normal course,” Donald Tamaki, an attorney and task force member, told KQED. “So how do you disrupt that?”\u003c/p>\n\u003cp>Last month, \u003ca href=\"https://www.kqed.org/news/11974445/california-reparations-backers-applaud-bills-even-without-big-cash-payouts\">members of California’s legislative Black Caucus introduced a package of bills\u003c/a>, including four proposed changes to the state’s justice system. The proposed legislation does not include cash payments, but Tamaki and fellow task member Lisa Holder said policies like the RJA are just as important to reducing racial disparities as cutting a check.\u003c/p>\n\u003cfigure id=\"attachment_11971366\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11971366\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-800x533.jpg\" alt=\"A person in a dark suit stands in front of a large outdoor flight of brick stairs.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-11-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Evan Kuluk, a public defender who used the California Racial Justice Act to argue that racism in the Antioch Police Department tainted a murder investigation, in front of the Wakefield Taylor Courthouse in Martinez on Aug. 25, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>The district attorney\u003c/h2>\n\u003cp>Last spring, Kuluk was focused on how Contra Contra County district attorneys choose to add gang enhancements to murder charges.\u003c/p>\n\u003cp>“I’ve handled a lot of cases with gang allegations in this county and saw what I believe to be a disproportionate number of Black young men, especially from Richmond and Antioch, being charged with gang allegations,” said Kuluk, a public defender for 15 years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘If the police who investigated their case were racially biased, used excessive force or spoke about them in racially discriminatory ways, there truly is a remedy available.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Evan Kuluk, attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>As a member of the county’s Alternate Defender Office, Kuluk was assigned to represent Windom, now 24, who was pursuing a music career at the time of his arrest.\u003c/p>\n\u003cp>Kuluk and Windom requested charging records from Contra Costa County District Attorney Diana Becton. With the help of a UC Irvine statistician, they found that from 2015–2022, Black men accused of gang-related murders were 44% more likely to be charged with enhancements than defendants of other races accused of similar gang-related murders.\u003c/p>\n\u003cp>“Because they carry mandatory LWOP, the filing of special circumstances is an assertion that an individual is irredeemable,” Kuluk told KQED, referring to a life without the possibility of parole sentence. “It is beyond unfair and unacceptable for the government to more frequently deem Black people unworthy to ever get the opportunity to prove their redemption to a parole board.”\u003c/p>\n\u003cp>Becton’s office disputed Kuluk’s findings, but in May, Windom and his co-defendants convinced the court that the district attorney had applied the enhancement in a biased way. The gang enhancement was dismissed. It was the first time in the United States, a country where Black residents are \u003ca href=\"https://www.sentencingproject.org/reports/the-color-of-justice-racial-and-ethnic-disparity-in-state-prisons-the-sentencing-project/\">five times more likely to be incarcerated in state prison than white residents\u003c/a>, that an argument of implicit bias in the justice system resulted in a charge being dropped from a criminal case.\u003c/p>\n\u003cp>Contra Costa Chief Assistant District Attorney Simon O’Connell said he doubted anyone in the office was knowingly targeting Black defendants for harsher punishment. But he said the RJA challenge gave the DA a reason to look more closely at their charging data.\u003c/p>\n\u003cp>“We don’t know what we don’t know,” he said. “It was important for us to start looking at historical data to see if, in fact, there were implicit biases and trends in our data, which would be surprising to us.”\u003c/p>\n\u003ch2>The police\u003c/h2>\n\u003cp>Windom and his three co-defendants had a second RJA hearing related to racist text messages uncovered by an FBI probe into alleged criminal activity by the Antioch and Pittsburg police departments.\u003c/p>\n\u003cp>Some of the messages were sent during the murder investigation. Here’s one exchange sent over the course of 22 minutes while officers were surveilling McGee, Allen, Pugh and Windom eating at a barbecue restaurant in Concord in March 2021:\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Antioch police officer Eric Rombough:\u003c/strong>\u003cem> “Sooo many black peolpe (sic).”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Antioch police officer Jonathan Adams:\u003c/strong>\u003cem> “Bro. They all look the same.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Rombough: \u003c/strong>\u003cem>“Tell me about it. I feel like I’m at the zoo.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Rombough:\u003c/strong>\u003cem> “They’re getting ice cream. Swarming to it like Hennessy. I bet its chicken.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Adams:\u003c/strong>\u003cem> “Could be ribs.”\u003c/em>\u003c/p>\n\u003cp style=\"padding-left: 40px\">\u003cstrong>Rombough:\u003c/strong>\u003cem> “For sure watermelon and kool aid. I hate these idiots.”\u003c/em>\u003c/p>\n\u003cp>Other messages suggest Black people don’t like pools and can’t be seen in the dark, employing tropes used to demean Black people. Still, other messages use the N-word and include photos of Pugh and Allen in hospital beds after being injured by officers during their arrests. In the messages, the officers joke about kicking Allen’s head like a football.\u003c/p>\n\u003cp>Shirelle Cobbs, Allen’s mother, shook with rage outside of the courtroom after the texts were read during a hearing. “If it was the other way around, my son would be under the courthouse or dead,” she said.\u003c/p>\n\u003cp>Becton has recommended at least 30 criminal cases for dismissal that involve police work by officers involved in the text messaging exchanges. But not in this case.\u003c/p>\n\u003cp>In the second RJA claim, the men asked Goldstein to dismiss all the enhancements and to downgrade a number of the top charges. They argued that the racist text messages made it impossible for the investigating officers to have done their jobs free of bias. They argued that not only were the officers who sent the messages compromised but so was the entire police department.\u003c/p>\n\u003cp>In August, Claire Jean Kim, a UC Irvine political science professor and expert in racial bias, testified for the defense. The text messages included department supervisors. She said only in a department with an entrenched culture of racism would no one report the violations of department policy. And that, she said, is exactly what happened in the Antioch Police Department.\u003c/p>\n\u003cp>“The law can and must repudiate the decisions made by such decision-makers, both for the sake of the defendant and for the community that rests its trust in the justice system,” she told the court.\u003c/p>\n\u003cfigure id=\"attachment_11961176\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11961176\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-800x600.jpg\" alt=\"Two people with their hair in buns stand together looking at the camera in an outdoor setting.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-2048x1536.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/09/230914-ANTIOCH-RACIAL-JUSTICE-HEARING-AF-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Vienna Peterson Joiner (right) and Mariah Thomas drove up from Los Angeles to be in the courtroom during Eric Windom’s Racial Justice Act hearing in Martinez on Sept. 8, 2023. \u003ccite>(Annelise Finney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Vienna Peterson Joiner was frequently in the gallery watching Windom, her son, closely. She told KQED she was trying to decipher how he was feeling and whether he’d eaten by the way he sat in his chair. Peterson Joiner and Windom are not allowed to speak at his court appearances.\u003c/p>\n\u003cp>“I want to run up there and hug him,” she said. “I want to tell [the court] what we know about Eric.”\u003c/p>\n\u003cp>She drove to Martinez from Los Angeles for court dates, sometimes stopping to pick up her son’s fiance, Mariah Thomas, and their 1-year-old daughter. When Windom was a toddler, his father was incarcerated.\u003c/p>\n\u003cp>“His own experience with his father and his current situation and lack of ability to be fully there for his child now is weighing on him,” Kuluk told KQED.\u003c/p>\n\u003cp>For Thomas, the disruption to building a family with Windom is painful.\u003c/p>\n\u003cp>“He’s being held by people who don’t like the color of his skin,” she said. “That’s really what it boils down to because if these people were white, they would’ve been home. They would’ve been with their family.”\u003c/p>\n\u003cp>Peterson Joiner said it was a relief when the judge dropped the gang enhancement.\u003c/p>\n\u003cp>“I was glad that the judge did see that and paid attention to what was actually really going on,” she said. “People think that just because slavery ended, racism was pulled out at the root. But it wasn’t.”\u003c/p>\n\u003ch2>Data is the mechanism\u003c/h2>\n\u003cp>Natasha Minsker, a criminal justice reform policy consultant, said Becton’s willingness to provide data on charging practices has made the county a hot spot for attorneys testing the limits of the RJA using statistical evidence of discriminatory treatment. She, like Kuluk, is a member of the Racial Justice Act Implementation Working Group, a collection of advocates, attorneys and policymakers moving to bring claims.\u003c/p>\n\u003cp>As of Jan. 1, people who are currently and formerly incarcerated are now able to challenge their convictions using the RJA. Minsker said more than three-quarters of the state’s prison population — about 90,000 people — could have viable claims. If implemented, she said, the law could help end mass incarceration in California.\u003c/p>\n\u003cp>But to get there, defense attorneys need more funding and more data.\u003c/p>\n\u003cp>“They were incredibly cooperative,” Kuluk said of Becton’s office. “That’s not what has been happening in many other counties in California where DA’s offices have been hostile to public records requests that they interpret as potentially leading to Racial Justice Act claims.”\u003c/p>\n\u003cp>Cities and counties aren’t currently required to collect data on the race of defendants or to make that data public. According to a statewide survey conducted by the reparations task force, 12 out of 57 responding county DA offices, including Sacramento, do not collect data on an accused person’s race, making RJA claims extremely challenging, if not impossible.\u003c/p>\n\u003cp>Solano County, home to the Vallejo Police Department, did not respond to the survey. In October, \u003ca href=\"https://www.kqed.org/news/11964674/trust-has-been-broken-california-demands-vallejo-police-reforms-citing-major-rights-violations\">the state Department of Justice expanded oversight of the Vallejo police\u003c/a> after the department failed to comply with the vast majority of court-mandated reforms.\u003c/p>\n\u003cp>“Without access to data, the promise of the [Racial Justice] Act has the potential to ring hollow to many,” the task force wrote in its report.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"racial-justice, racism","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Among the 115 policy proposals suggested by the task force are \u003ca href=\"https://oag.ca.gov/system/files/media/ch28-ca-reparations.pdf\">a series meant to strengthen and expand the Racial Justice Act (PDF)\u003c/a>, including additional funding to help defense attorneys hire data analysts, penalties for district attorneys who fail to provide complete data and calls to fund the Justice Data Accountability and Transparency Act fully. The law, passed in 2022 and set to go into effect in 2027, will require district attorneys to report case data, including the race of the defendant and the victim, to the state DOJ.\u003c/p>\n\u003cp>“If you can bring irrefutable evidence of anti-Black bias within the criminal justice system to a court, then they will have no choice but to respond and to right the wrongs,” said Holder, who is also the president of the Equal Justice Society, an Oakland-based racial justice nonprofit.\u003c/p>\n\u003cp>Recently, Becton hired an analyst to guide the office’s data collection and preservation practices. In response to Windom’s claim, the office also established a committee review system for evaluating all special circumstances charges on articulable, race-neutral grounds before they are filed.\u003c/p>\n\u003cp>“This is the power of the Racial Justice Act,” Minsker said. “It makes all actors in the justice system responsible for pushing forward racial justice.”\u003c/p>\n\u003cp>Last month, the California DOJ published the state’s first-ever race-blind charging guidelines for prosecutors. A state law passed in 2022 will require county prosecutors to institute race-blind charging practices starting next year.\u003c/p>\n\u003cfigure id=\"attachment_11959229\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11959229\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-800x533.jpg\" alt=\"Two people hold signs, one depicting a man with a deep wound to his head, as one of the people speaks emphatically in an outdoor setting.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230825-ANTIOCH-RACIAL-JUSTICE-HEARING-MD-03-KQED-scaled.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Kathryn Wade (left) and Carolyn Simmons speak out against the police violence that Wade says her son, Malad Baldwin, experienced at the hands of the Antioch Police Department at a rally in front of the AF Bray Courthouse in Martinez on Aug. 25, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For some, the recent RJA successes in Contra Costa come with a sting. At each court date for Windom’s RJA hearing, Hawkins’ family members were there, including his mother, Brandi Griffin. For six months after he was shot outside of their Antioch home, she kept him on life support, hoping her son, who she described as free-spirited, would recover.\u003c/p>\n\u003cp>“Our family has been sacrificed based on what the Antioch Police Department has done,” said Griffin, who told KQED that the case has stripped her faith in the justice system.\u003c/p>\n\u003cp>In front of the courthouse in July, she shouted at a scrum of reporters, her voice strained with grief and rage.\u003c/p>\n\u003cp>“I don’t give a shit about no racist shit!” she said. “What about my son?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11975584/californias-groundbreaking-racial-justice-act-cuts-its-teeth-in-contra-costa","authors":["11772"],"categories":["news_31795","news_6188","news_28250","news_8"],"tags":["news_19122","news_30345","news_30652","news_27626","news_2960","news_33821"],"featImg":"news_11959230","label":"news"},"news_11956286":{"type":"posts","id":"news_11956286","meta":{"index":"posts_1591205157","site":"news","id":"11956286","score":null,"sort":[1690156012000]},"guestAuthors":[],"slug":"lawyers-for-antioch-police-officers-seek-to-reframe-racist-texts-in-court","title":"Lawyers for Antioch Police Officers Seek to Reframe Racist Texts in Court","publishDate":1690156012,"format":"standard","headTitle":"Lawyers for Antioch Police Officers Seek to Reframe Racist Texts in Court | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Antioch police officers who \u003ca href=\"https://www.kqed.org/news/11947876/antioch-police-racist-texting-scandal-confirms-what-many-black-and-brown-residents-have-decried-for-years\">sent racist text messages\u003c/a> are seeking additional defense protections and to avoid testifying altogether, as cases questioning whether racism factored into arrests they made get their day in court.\u003c/p>\n\u003cp>This comes as lawyers for four men accused of murder and attempted murder in a 2021 shooting sought to dismiss the charges against their clients during a hearing on Friday. They argued the messages sent by the investigating officers prove that the officers had a racial bias against the men.\u003c/p>\n\u003cp>The hearing is one of the first major tests of the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2542&search_keywords=racial+justice+act\">Racial Justice Act\u003c/a>, a 2021 California law prohibiting the state from seeking a conviction based on race. It’s also the first time officers involved in the texting scandal are set to publicly speak about the fiasco.[pullquote size=\"medium\" align=\"right\" citation=\"Ellen McDonnell, public defender, Contra Costa County\"]‘It’s critical that there be a full hearing and that each officer be questioned regarding their role in these text messages and the way they handled policing in this case.’[/pullquote]In the last few months, an ongoing federal investigation into criminal wrongdoing in the Antioch Police Department \u003ca href=\"https://www.eastbaytimes.com/2023/07/15/im-already-good-at-racial-profiling-new-batch-of-antioch-cops-texts-show-how-much-racism-and-policing-intertwined/\">uncovered hundreds of racist text messages\u003c/a> sent between officers, \u003ca href=\"https://www.eastbaytimes.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\">reported first by the East Bay Times\u003c/a>. Nearly half of the police officers in the department were named in connection to the texts, with the majority of messages being sent between 2020 and 2021. The texts used racial slurs to describe Black and Latino Antioch residents, including Police Chief Steven Ford and Mayor Lamar Thorpe.\u003c/p>\n\u003cp>Some of the texts talk specifically about two of the four defendants in Friday’s hearing. All four are young Black men.\u003c/p>\n\u003cp>In the text messages, officers referred to the men using the n-word, joked about assaulting them during their arrests and shared photos of the injured men in their hospital beds.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police attorneys argued that the officers — subpoenaed to appear as witnesses — should have their own lawyers present to defend them. Typically, witnesses answer questions from the district attorney and lawyers for the defendants and do not have their own lawyers present. In a packed courtroom on Friday, an attorney for the officers, Nicole Pifari, said that if the court found the nine officers to be racist, they would suffer “instantaneous, far reaching and likely permanent damage” to their reputations and employment opportunities.\u003c/p>\n\u003cp>She requested the officers’ attorneys be allowed to ask their own questions and call their own witnesses to defend the officers during the hearing — steps she said were essential to providing the full context of the message exchanges.\u003c/p>\n\u003cp>“When you are accused of something very serious, you have the right to defend yourself,” she said.\u003c/p>\n\u003cp>[aside postID=\"news_11947876,news_11946168,news_11946551\" label=\"Related Stories\"]Presiding Superior Court Judge David Goldstein agreed with the principle but said the Racial Justice Act does not provide for officers to have their own defense.\u003c/p>\n\u003cp>He said that if the court rules that the officers acted out of racism, it would not be the ruling that made the officers racist, but the underlying evidence.\u003c/p>\n\u003cp>He denied her request, but agreed that officers’ attorneys could be present to advise their clients on whether or not to invoke the Fifth Amendment: the officers’ right to stay silent if answering a question might incriminate them.\u003c/p>\n\u003cp>That, of course, is if the officers testify at all.\u003c/p>\n\u003cp>Lawyers for Chief Ford — also subpoenaed to testify — successfully argued to excuse the chief from testimony because he joined the department after the text messages were sent. Last Wednesday, the chief \u003ca href=\"https://www.facebook.com/photo/?fbid=654987546653981&set=a.228771749275565\">announced that he will retire on Aug. 11\u003c/a>.\u003c/p>\n\u003cp>Additionally, at least five of the nine subpoenaed officers are claiming they are injured and cannot make it to court, \u003ca href=\"https://www.mercurynews.com/2023/07/18/antioch-claims-subpoenaed-officers-have-industrial-injuries-to-avoid-testifying-about-racism-alleged-crimes/\">according to the East Bay Times\u003c/a>. But defense attorney Carmela Caramagno disputed that, saying her investigator saw allegedly injured officers driving tractors, hosting pool parties and walking leisurely.\u003c/p>\n\u003cp>“Like, what kind of medical leave you guys are on? For accountability, you guys need to be here,” said Shrielle Cobbs, the mother of defendant Trent Allen.\u003c/p>\n\u003cp>Contra Costa Public Defender Ellen McDonnell agreed.\u003c/p>\n\u003cp>“We have a situation where officers exchanged animal memes of Black and brown people, where they explained that they were targeting Black people based on their race. And we have four young Black men on trial here,” she said on Friday. “It’s critical that there be a full hearing and that each officer be questioned regarding their role in these text messages and the way they handled policing in this case.”\u003c/p>\n\u003cp>Seeing the messages was devastating for the families of the young men. Mariah Thomas is the fiancée of Eric Windom, and the cousin of Trent Allen, two of the defendants.\u003c/p>\n\u003cp>“They wanted to kill my cousin Trent Allen. Eric Windom, that’s my partner, my lover. The stuff that they said about them … it’s horrible,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The hearing will continue on Aug. 25 and all nine officers are under subpoena to appear. If they do not appear when called, Judge Goldstein could explore other ways to compel them to testify.\u003c/p>\n\n","blocks":[],"excerpt":"An ongoing court hearing will determine if Antioch police officers — who sent racist text messages and are seeking additional defense protections — violated a state law aimed at ending racism in the criminal justice system.","status":"publish","parent":0,"modified":1690218402,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":876},"headData":{"title":"Lawyers for Antioch Police Officers Seek to Reframe Racist Texts in Court | KQED","description":"An ongoing court hearing will determine if Antioch police officers — who sent racist text messages and are seeking additional defense protections — violated a state law aimed at ending racism in the criminal justice system.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lawyers for Antioch Police Officers Seek to Reframe Racist Texts in Court","datePublished":"2023-07-23T23:46:52.000Z","dateModified":"2023-07-24T17:06:42.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11956286/lawyers-for-antioch-police-officers-seek-to-reframe-racist-texts-in-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Antioch police officers who \u003ca href=\"https://www.kqed.org/news/11947876/antioch-police-racist-texting-scandal-confirms-what-many-black-and-brown-residents-have-decried-for-years\">sent racist text messages\u003c/a> are seeking additional defense protections and to avoid testifying altogether, as cases questioning whether racism factored into arrests they made get their day in court.\u003c/p>\n\u003cp>This comes as lawyers for four men accused of murder and attempted murder in a 2021 shooting sought to dismiss the charges against their clients during a hearing on Friday. They argued the messages sent by the investigating officers prove that the officers had a racial bias against the men.\u003c/p>\n\u003cp>The hearing is one of the first major tests of the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB2542&search_keywords=racial+justice+act\">Racial Justice Act\u003c/a>, a 2021 California law prohibiting the state from seeking a conviction based on race. It’s also the first time officers involved in the texting scandal are set to publicly speak about the fiasco.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s critical that there be a full hearing and that each officer be questioned regarding their role in these text messages and the way they handled policing in this case.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ellen McDonnell, public defender, Contra Costa County","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In the last few months, an ongoing federal investigation into criminal wrongdoing in the Antioch Police Department \u003ca href=\"https://www.eastbaytimes.com/2023/07/15/im-already-good-at-racial-profiling-new-batch-of-antioch-cops-texts-show-how-much-racism-and-policing-intertwined/\">uncovered hundreds of racist text messages\u003c/a> sent between officers, \u003ca href=\"https://www.eastbaytimes.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\">reported first by the East Bay Times\u003c/a>. Nearly half of the police officers in the department were named in connection to the texts, with the majority of messages being sent between 2020 and 2021. The texts used racial slurs to describe Black and Latino Antioch residents, including Police Chief Steven Ford and Mayor Lamar Thorpe.\u003c/p>\n\u003cp>Some of the texts talk specifically about two of the four defendants in Friday’s hearing. All four are young Black men.\u003c/p>\n\u003cp>In the text messages, officers referred to the men using the n-word, joked about assaulting them during their arrests and shared photos of the injured men in their hospital beds.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police attorneys argued that the officers — subpoenaed to appear as witnesses — should have their own lawyers present to defend them. Typically, witnesses answer questions from the district attorney and lawyers for the defendants and do not have their own lawyers present. In a packed courtroom on Friday, an attorney for the officers, Nicole Pifari, said that if the court found the nine officers to be racist, they would suffer “instantaneous, far reaching and likely permanent damage” to their reputations and employment opportunities.\u003c/p>\n\u003cp>She requested the officers’ attorneys be allowed to ask their own questions and call their own witnesses to defend the officers during the hearing — steps she said were essential to providing the full context of the message exchanges.\u003c/p>\n\u003cp>“When you are accused of something very serious, you have the right to defend yourself,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11947876,news_11946168,news_11946551","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Presiding Superior Court Judge David Goldstein agreed with the principle but said the Racial Justice Act does not provide for officers to have their own defense.\u003c/p>\n\u003cp>He said that if the court rules that the officers acted out of racism, it would not be the ruling that made the officers racist, but the underlying evidence.\u003c/p>\n\u003cp>He denied her request, but agreed that officers’ attorneys could be present to advise their clients on whether or not to invoke the Fifth Amendment: the officers’ right to stay silent if answering a question might incriminate them.\u003c/p>\n\u003cp>That, of course, is if the officers testify at all.\u003c/p>\n\u003cp>Lawyers for Chief Ford — also subpoenaed to testify — successfully argued to excuse the chief from testimony because he joined the department after the text messages were sent. Last Wednesday, the chief \u003ca href=\"https://www.facebook.com/photo/?fbid=654987546653981&set=a.228771749275565\">announced that he will retire on Aug. 11\u003c/a>.\u003c/p>\n\u003cp>Additionally, at least five of the nine subpoenaed officers are claiming they are injured and cannot make it to court, \u003ca href=\"https://www.mercurynews.com/2023/07/18/antioch-claims-subpoenaed-officers-have-industrial-injuries-to-avoid-testifying-about-racism-alleged-crimes/\">according to the East Bay Times\u003c/a>. But defense attorney Carmela Caramagno disputed that, saying her investigator saw allegedly injured officers driving tractors, hosting pool parties and walking leisurely.\u003c/p>\n\u003cp>“Like, what kind of medical leave you guys are on? For accountability, you guys need to be here,” said Shrielle Cobbs, the mother of defendant Trent Allen.\u003c/p>\n\u003cp>Contra Costa Public Defender Ellen McDonnell agreed.\u003c/p>\n\u003cp>“We have a situation where officers exchanged animal memes of Black and brown people, where they explained that they were targeting Black people based on their race. And we have four young Black men on trial here,” she said on Friday. “It’s critical that there be a full hearing and that each officer be questioned regarding their role in these text messages and the way they handled policing in this case.”\u003c/p>\n\u003cp>Seeing the messages was devastating for the families of the young men. Mariah Thomas is the fiancée of Eric Windom, and the cousin of Trent Allen, two of the defendants.\u003c/p>\n\u003cp>“They wanted to kill my cousin Trent Allen. Eric Windom, that’s my partner, my lover. The stuff that they said about them … it’s horrible,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The hearing will continue on Aug. 25 and all nine officers are under subpoena to appear. If they do not appear when called, Judge Goldstein could explore other ways to compel them to testify.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11956286/lawyers-for-antioch-police-officers-seek-to-reframe-racist-texts-in-court","authors":["11772"],"categories":["news_6188","news_8"],"tags":["news_19122","news_32621","news_17725","news_27626","news_20625","news_19216","news_32002"],"featImg":"news_11956302","label":"news"},"news_11947876":{"type":"posts","id":"news_11947876","meta":{"index":"posts_1591205157","site":"news","id":"11947876","score":null,"sort":[1682633780000]},"guestAuthors":[],"slug":"antioch-police-racist-texting-scandal-confirms-what-many-black-and-brown-residents-have-decried-for-years","title":"Antioch Police Racist Texting Scandal Confirms What Many Black and Brown Residents Have Decried for Years","publishDate":1682633780,"format":"audio","headTitle":"Antioch Police Racist Texting Scandal Confirms What Many Black and Brown Residents Have Decried for Years | KQED","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>\u003cem>Warning: This story includes quotations with racist and vulgar language as well as descriptions of violent attacks.\u003c/em>\u003c/p>\n\u003cp>Kathryn Wade marched up to the microphone in the City Council chambers before the meeting had even started with something to say. Wade is no stranger to the City Council in Antioch. She’s been coming here to talk and yell about the Antioch Police Department (APD) and their treatment of Black people for the past decade, since she was just one of a small handful of residents speaking up.[pullquote align=\"right\" size=\"medium\" citation=\"Gigi Crowder, executive director of NAMI Contra Costa\"]‘I knew from the beginning that it was a racist city. But then I believed that there was a possibility for change.’[/pullquote]Now, on this early Tuesday evening in April, she was far from alone.\u003c/p>\n\u003cp>“Shut it all down,” Wade screamed across the packed room.\u003c/p>\n\u003cp>Antioch sits in the middle of a storm of scandal after the release of violent, racist, homophobic and sexist text messages by the city’s police officers.\u003c/p>\n\u003cp>The disturbing texts came to light during an investigation by the FBI and the Contra Costa County District Attorney’s Office into \u003ca href=\"https://www.mercurynews.com/2022/09/10/exclusive-fbi-criminal-investigation-of-antioch-pittsburg-cops-grows-grand-jury-convening/\">alleged misconduct\u003c/a> by police in Antioch and the neighboring city of Pittsburg. Some of the issues being investigated include violent and excessive use of police dogs and eliciting false confessions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Earlier this month, the DA’s office released two reports \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">detailing the contents\u003c/a> of multiple\u003ca href=\"https://www.contracosta.ca.gov/DocumentCenter/View/78905/Terryon-Pugh-Redacted-Investigative-Report\"> text message\u003c/a> exchanges written by 17 Antioch police officers from various time periods between 2019 and 2022. They include two texts from \u003ca href=\"https://www.antiochpoa.org/about/presidents-message\">Rick Hoffman\u003c/a>, the president of Antioch’s police union.\u003c/p>\n\u003cp>But far more officers were included on the text chains, according to a letter sent by Ellen McDonnell , the county’s chief public defender, to DA Diana Becton. According to McDonnell, 45 officers — almost half of the entire department — had received the texts and did nothing. At least 16 of those “are in leadership roles at APD as detectives, sergeants, and lieutenants,” McDonnell wrote.\u003c/p>\n\u003cp>“You’re going to have to listen,” Wade cried out in the council chambers. Her words were directed at the council members, Mayor Lamar Thorpe, and Police Chief Steven Ford, who joined the department last year, after most of the text messages were sent.\u003c/p>\n\u003cp>“You’re going to have to absorb a lot of people’s pain,” Wade told them.\u003c/p>\n\u003cp>Including her pain.\u003c/p>\n\u003cp>Wade’s son, Malad Baldwin, was 22-years-old when he was\u003ca href=\"https://www.courthousenews.com/cops-will-face-moms-distress-claim-in-sons-beating/\"> a victim of police violence\u003c/a>, she claims. In 2014, he was asleep in Wade’s car parked outside their house when police dragged him from the vehicle and beat him, according to a lawsuit filed against the city and the officers. In the complaint, Wade said she came out of the house to see them striking her son, and that they beat him until he lost consciousness. The suit claims that police slammed Baldwin into the sidewalk, spread his legs and repeatedly struck him there. “They hit him right in between his butt cheeks,” Wade said.\u003c/p>\n\u003cp>Antioch police claim Baldwin was drunk and combative. He was charged with resisting arrest, but those charges were dropped. The lawsuit was settled out of court, with officers admitting no wrongdoing.\u003c/p>\n\u003cp>Wade says the beating changed her son. He was depressed, riddled with anxiety, unable to hold down a job. That was the first of several incidents between Baldwin and Antioch police. Wade says it was as if they were stalking him, harassing him every where he went.\u003c/p>\n\u003cp>In 2020, Baldwin died by suicide. Wade faults Antioch police for her son’s mental trauma, and ultimately for his death.\u003c/p>\n\u003cp>Antioch police have not yet responded to requests for comment regarding subsequent interactions with Baldwin.\u003c/p>\n\u003cp>Now, Wade says, “It feels like my baby died all over again.”\u003c/p>\n\u003cp>That’s because Baldwin was mentioned in the text messages.\u003c/p>\n\u003ch2>“I knew from the beginning that it was a racist city”\u003c/h2>\n\u003cp>Officers joked about Baldwin’s claims that they beat him on his backside, and about the department using deadly force. “But we kill more Mexicans than anything else. So Blacks can feel safe,” one officer texted. “Sorry. Reverse that,” he followed up a minute later.\u003c/p>\n\u003cp>Those are some of the tamer texts released.\u003c/p>\n\u003cp>You’ll hear people talk about “old Antioch” — which refers to the place it used to be: White, working class, a sundown town, where people of color knew not to be after dark.\u003c/p>\n\u003cp>But all that has changed. Antioch is now 36% white, 35% Latino, and 20% Black, according to the\u003ca href=\"https://www.census.gov/quickfacts/fact/table/antiochcitycalifornia/LND110210\"> 2020 census\u003c/a>. The shift happened both gradually and quickly. At first, Black people and other people of color moved here for the reasons everyone else did: bigger houses, better schools, a shot at the suburban American dream.\u003c/p>\n\u003cfigure id=\"attachment_11947886\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947886\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\" alt=\"Two Black men, and one woman hold signs at a rally. One sign says: 'Fire & Decertify.' The others says 'We demand accountability.'\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dozens of community members and activists join a rally outside of the Antioch Police Department on April 18, 2023, to protest the racist and homophobic text messages shared among members of the department. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the past decade or so, gentrification and exploding housing costs in cities such as San Francisco and Oakland drove displaced poor people here — especially people of color. As Oakland’s Black population shrank, Antioch’s grew.\u003c/p>\n\u003cp>This new great migration is happening across America, changing the suburbs that have long been thought of as white space into the most diverse places in the nation.\u003c/p>\n\u003cp>On this Tuesday night, the special meeting of the City Council was narrowly focused on addressing the ballooning scandal resulting from the racist texts, with the council voting to audit the department’s internal affairs division, its hiring and promotional practices, and to perform an equity audit.\u003c/p>\n\u003cp>Those all passed easily, but the meeting, like the one the week before, was about more than just policy. People needed to speak.\u003c/p>\n\u003cp>Almost 100 people protested in front of the police station ahead of the council meeting, walking a stone’s throw from City Hall.[aside label=\"related coverage\" tag=\"antioch\"]“Antioch didn’t look like this, but it does now,” said Timothy Manly. “When everybody was fixing their issues in the ’60s, Antioch didn’t think that they’d have to.”\u003c/p>\n\u003cp>In the ’60s, Antioch was almost entirely white.\u003c/p>\n\u003cp>“You’re just reaping what you sowed,” he said.\u003c/p>\n\u003cp>Some people told stories of their own encounters with Antioch police, others spoke of the experiences of children and loved ones.\u003c/p>\n\u003cp>“These individuals that have spoken tonight are victims of police brutality, they are victims of crimes,” Public Defender Ellen McDonnell said when it was her turn at the dais. “The community and our clients have been sounding the alarm about your police department for years and years and years.”\u003c/p>\n\u003cp>Shayla Bowers talked about how important it was to name the officers. “Our Black and brown people, as you see in this room, we got names, we got banners, we are public about our deaths in our community,” she said. “We need to be public about these police officers that are doing harm in our community.”\u003c/p>\n\u003cp>“I knew from the beginning that it was a racist city,” said Gigi Crowder, the executive director of NAMI Contra Costa, an affiliate of the National Alliance on Mental Illness, and an Antioch resident. “But then I believed that there was a possibility for change.”\u003c/p>\n\u003cp>She believed that, she told the council, because it wasn’t just demographics that were shifting — the balance of power was too.\u003c/p>\n\u003ch2>‘I’ll bury that N*&*er in my fields’\u003c/h2>\n\u003cp>For a long time the Antioch’s leadership did not reflect its diversifying population. That changed in 2020, with a Black majority emerging on the five-person City Council, including Mayor Thorpe.\u003c/p>\n\u003cp>“In 2020, when all I asked for was a community to look at policies to do police reform,” Thorpe reminded the council chambers, “people lost their collective minds.”\u003c/p>\n\u003cp>“If they could’ve hung me from the highest tree in Antioch they would have,” he said.\u003c/p>\n\u003cp>A group of pro-police, almost entirely white residents, many affiliated with a private Facebook group called “Back the Blue,” flooded the then-online-only council meetings, pushing back against the new majority, and any suggestions of police reform. They mounted a recall campaign against Thorpe, \u003ca href=\"https://www.ktvu.com/news/recall-of-antioch-mayor-dies-following-allegations-of-fraud\">which failed to gather enough signatures\u003c/a>.\u003c/p>\n\u003cp>After the \u003ca href=\"https://www.kqed.org/news/11887516/why-was-angelo-quintos-death-ruled-an-accident\">December 2020 death of Angelo Quinto\u003c/a> in the custody of Antioch police, the council voted for police to wear body cameras, a reform many police departments passed over a decade ago, but Antioch had long resisted.\u003c/p>\n\u003cp>In one of the released texts, body cameras are mentioned. Discussing an arrest made with the Pittsburg Police Department, whose officers did have cameras, an Antioch officer wrote: “If Pitt didn’t have all those body cams and that was us … we would have f&*ked him up more.”\u003c/p>\n\u003cp>Another police officer, Devon Wenger, responded, “I agree. That’s why I don’t like body cameras.”\u003c/p>\n\u003cfigure id=\"attachment_11947926\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947926\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1.jpg\" alt=\"A small group of Black women stand on the sidewalk holding signs and protesting racism among police in Antioch.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kiora Hansen and Della Currie join the protest in Antioch in front of the city’s police department. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a statement to \u003ca href=\"https://abcnews.go.com/US/city-antioch-police-officers-face-lawsuit-alleged-civil/story?id=98728222\">ABC News\u003c/a>, Wenger denied he was being racist, pointing out that he only sent that one text. “Out of both released reports, the initial 21-page-report and the secondary 14-page report, I just simply said I do not like body cams,” he told them.\u003c/p>\n\u003cp>“To put it bluntly, that’s not racist.”\u003c/p>\n\u003cp>Wenger also suggested that the investigation into Antioch police may have been “corrupted.”\u003c/p>\n\u003cp>NPR’s requests to speak to the officers named in the DA’s report were either ignored or declined.\u003c/p>\n\u003cp>Mayor Thorpe shows up in the police text messages too.\u003c/p>\n\u003cp>“I’ll buy someone a prime rib dinner at House of prime rib to 40 that mfr during the protest today,” one officer texted, referring to “the potential use of a .40mm less lethal launcher being utilized” on the mayor, the \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">DA’s report \u003c/a>explains. A .40mm weapon is a kind of gun that fires hard-foam projectiles. Their use \u003ca href=\"https://www.latimes.com/california/story/2020-06-12/protesters-complain-about-excessive-force\">against protesters and for crowd control\u003c/a>, as well as their designation as less lethal, has been criticized.\u003c/p>\n\u003cp>That text was sent in June 2020, during the heart of the \u003ca href=\"https://www.npr.org/2020/06/05/867060621/being-black-in-america-we-have-a-place-in-this-world-too\">national uprising\u003c/a> over the \u003ca href=\"https://www.npr.org/2020/05/27/862956646/george-floyds-death-stokes-call-for-minneapolis-officers-to-be-charged-with-murd\">murder of George Floyd by a Minneapolis police officer\u003c/a>. Another text referred to Floyd as “the gorilla who died.”\u003c/p>\n\u003cp>The text messages continuously refer to Black people as “gorillas” and “monkeys,” and officers repeatedly texted photos of gorillas to each other.\u003c/p>\n\u003cp>A young activist, Shagoofa Khan, prominent in organizing protests in Antioch, including \u003ca href=\"https://www.kqed.org/news/11837708/a-hunger-strike-in-antioch-and-what-it-says-about-the-changing-suburbs\">a hunger strike in front of the police station\u003c/a>, was also mentioned in the texts. She “looks like an Arabian nights cum dumpster,” a sergeant wrote.\u003c/p>\n\u003cp>The same sergeant, Josh Evans, texted in reference to the arrest of a Black suspect, “I’ll bury that N*&*er in my fields.”\u003c/p>\n\u003cp>Four minutes later he texted again. “And yes… it was a hard R on purpose.”\u003c/p>\n\u003ch2>‘I’m only stopping them cuz they black’\u003c/h2>\n\u003cp>The texts aren’t just filled with racist and sexist vitriol, they also seem to suggest possible civil rights violations.\u003c/p>\n\u003cp>On a group chat, one officer asks the others what they are doing. The response from another, “violating civil rights.”\u003c/p>\n\u003cp>Racial profiling was a “modus operandi with respect to these officers,” civil rights lawyer John Burris claimed at a news conference on April 20, announcing a federal lawsuit against the city, the police department, and individual officers on behalf of a growing list of victims.\u003c/p>\n\u003cp>“They would stop people just because they were Black, they would harass them, they would search them, and ultimately arrest them if they thought they could get away with it,” he alleged.\u003c/p>\n\u003cp>“They didn’t want any kind of oral, written, videotape of the confession,” he went on. “They wanted the confession to be such that they could make up the confession and convince their superiors that the person has confessed.”\u003c/p>\n\u003cp>Burris said he was also disturbed by text messages that suggested officers took pleasure in using violent force, especially on Black people.\u003c/p>\n\u003cp>Burris’ clients include those who say they were repeatedly targeted and falsely accused by Antioch police officers.\u003c/p>\n\u003cp>Adam Carpenter, one of the plaintiffs, was arrested for possession of a firearm by four of the officers named in the scandal.\u003c/p>\n\u003cp>“I have been harassed and targeted and railroaded by the Antioch police department for the last 10 years,” Carpenter told a scrum of reporters.\u003c/p>\n\u003cfigure id=\"attachment_11947885\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947885\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\" alt=\"A young woman with a bullhorn leads protesters on the street holding signs.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Shagoofa Khan leads a rally of dozens of community members from the Antioch Police Department to City Hall on April 18, 2023, to protest the racist and homophobic text messages shared among the department. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to the lawsuit, in the year before his arrest he was stopped by the same officers almost 10 times.\u003c/p>\n\u003cp>Carpenter spent 11 months in jail before all charges against him were dropped. The complaint alleges that one of the officers involved in Carpenter’s arrest texted, “I’m only stopping them cuz they black.” It alleges another wrote, “I sometimes just say people gave me a full confession when they didn’t. gets filed easier.”\u003c/p>\n\u003cp>“They have basically ruined my life,” Carpenter said. “I’ve not been able to get a job, and I’m a journeyman by trade, a painter.”\u003c/p>\n\u003cp>“It’s been devastating, like living in hell.”\u003c/p>\n\u003cp>Others shared similar stories, claiming patterns of harassment, planted evidence, and manufactured confessions.\u003c/p>\n\u003cp>The Antioch city attorney as well as current and former police chiefs have not yet responded to requests for comment on the litigation.[pullquote align=\"right\" size=\"medium\" citation=\"Antioch Mayor Lamar Thorpe\"]‘In 2020, when all I asked for was a community to look at policies to do police reform, people lost their collective minds.’[/pullquote]Michael Rains, a former police officer and lawyer who represents some, but not all, of the officers, responded with a brief statement. “I understand this story is newsworthy on a number of fronts,” he wrote, “including, from my perspective, whether the due process and privacy rights of officers were abandoned by the Court and District Attorney.” But he added that he has advised his clients not to speak publicly, and is himself not granting interviews “at the present time.”\u003c/p>\n\u003cp>Current Antioch Police Chief Steven Ford, who is Black, came from San Francisco to lead the department a year ago. At the first council meeting after the scandal broke, he said that he is trying not to reform, but to reframe policing there. “We’re going to shift how things are done structurally, how they are done politically, how they are done administratively,” he said.\u003c/p>\n\u003cp>No one can tell yet just how many \u003ca href=\"https://www.kqed.org/news/11946551/antiochs-racist-police-text-message-scandal-could-mean-dropped-charges-in-other-cases\">criminal cases might hang in the balance \u003c/a>after these revelations. Burris, \u003ca href=\"https://www.ktvu.com/news/congressmen-want-us-attorney-general-to-investigate-antioch-police\">alongside others\u003c/a> including two members of Congress, are calling for the U.S. Department of Justice to investigate the Antioch Police Department.\u003c/p>\n\u003cp>Carpenter said that in a strange way, he was grateful to read all the texts. At least they confirmed for everyone else what he’d been experiencing for so long.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>It has been the same for Kathryn Wade. Reading the texts may have reopened the wound of her son’s death, but at least, she says, “Everything is out in the open, now.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2023 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=These+California+police+officers+have+created+a+scandal.+They+sent+racist+texts&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"Residents of color in this rapidly changing Bay Area suburb have long accused the police department of racism, corruption and abuse.","status":"publish","parent":0,"modified":1682634445,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":72,"wordCount":2713},"headData":{"title":"Antioch Police Racist Texting Scandal Confirms What Many Black and Brown Residents Have Decried for Years | KQED","description":"Residents of color in this rapidly changing Bay Area suburb have long accused the police department of racism, corruption and abuse.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Antioch Police Racist Texting Scandal Confirms What Many Black and Brown Residents Have Decried for Years","datePublished":"2023-04-27T22:16:20.000Z","dateModified":"2023-04-27T22:27:25.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://www.npr.org/people/984821709/sandhya-dirks\">Sandhya Dirks\u003c/a>","nprImageAgency":"Sandhya Dirks/NPR","nprStoryId":"1171369375","nprApiLink":"http://api.npr.org/query?id=1171369375&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2023/04/27/1171369375/california-police-scandal-racist-texts?ft=nprml&f=1171369375","nprRetrievedStory":"1","nprPubDate":"Thu, 27 Apr 2023 12:50:00 -0400","nprStoryDate":"Thu, 27 Apr 2023 05:01:00 -0400","nprLastModifiedDate":"Thu, 27 Apr 2023 12:50:45 -0400","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11947876/antioch-police-racist-texting-scandal-confirms-what-many-black-and-brown-residents-have-decried-for-years","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Warning: This story includes quotations with racist and vulgar language as well as descriptions of violent attacks.\u003c/em>\u003c/p>\n\u003cp>Kathryn Wade marched up to the microphone in the City Council chambers before the meeting had even started with something to say. Wade is no stranger to the City Council in Antioch. She’s been coming here to talk and yell about the Antioch Police Department (APD) and their treatment of Black people for the past decade, since she was just one of a small handful of residents speaking up.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I knew from the beginning that it was a racist city. But then I believed that there was a possibility for change.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Gigi Crowder, executive director of NAMI Contra Costa","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Now, on this early Tuesday evening in April, she was far from alone.\u003c/p>\n\u003cp>“Shut it all down,” Wade screamed across the packed room.\u003c/p>\n\u003cp>Antioch sits in the middle of a storm of scandal after the release of violent, racist, homophobic and sexist text messages by the city’s police officers.\u003c/p>\n\u003cp>The disturbing texts came to light during an investigation by the FBI and the Contra Costa County District Attorney’s Office into \u003ca href=\"https://www.mercurynews.com/2022/09/10/exclusive-fbi-criminal-investigation-of-antioch-pittsburg-cops-grows-grand-jury-convening/\">alleged misconduct\u003c/a> by police in Antioch and the neighboring city of Pittsburg. Some of the issues being investigated include violent and excessive use of police dogs and eliciting false confessions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Earlier this month, the DA’s office released two reports \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">detailing the contents\u003c/a> of multiple\u003ca href=\"https://www.contracosta.ca.gov/DocumentCenter/View/78905/Terryon-Pugh-Redacted-Investigative-Report\"> text message\u003c/a> exchanges written by 17 Antioch police officers from various time periods between 2019 and 2022. They include two texts from \u003ca href=\"https://www.antiochpoa.org/about/presidents-message\">Rick Hoffman\u003c/a>, the president of Antioch’s police union.\u003c/p>\n\u003cp>But far more officers were included on the text chains, according to a letter sent by Ellen McDonnell , the county’s chief public defender, to DA Diana Becton. According to McDonnell, 45 officers — almost half of the entire department — had received the texts and did nothing. At least 16 of those “are in leadership roles at APD as detectives, sergeants, and lieutenants,” McDonnell wrote.\u003c/p>\n\u003cp>“You’re going to have to listen,” Wade cried out in the council chambers. Her words were directed at the council members, Mayor Lamar Thorpe, and Police Chief Steven Ford, who joined the department last year, after most of the text messages were sent.\u003c/p>\n\u003cp>“You’re going to have to absorb a lot of people’s pain,” Wade told them.\u003c/p>\n\u003cp>Including her pain.\u003c/p>\n\u003cp>Wade’s son, Malad Baldwin, was 22-years-old when he was\u003ca href=\"https://www.courthousenews.com/cops-will-face-moms-distress-claim-in-sons-beating/\"> a victim of police violence\u003c/a>, she claims. In 2014, he was asleep in Wade’s car parked outside their house when police dragged him from the vehicle and beat him, according to a lawsuit filed against the city and the officers. In the complaint, Wade said she came out of the house to see them striking her son, and that they beat him until he lost consciousness. The suit claims that police slammed Baldwin into the sidewalk, spread his legs and repeatedly struck him there. “They hit him right in between his butt cheeks,” Wade said.\u003c/p>\n\u003cp>Antioch police claim Baldwin was drunk and combative. He was charged with resisting arrest, but those charges were dropped. The lawsuit was settled out of court, with officers admitting no wrongdoing.\u003c/p>\n\u003cp>Wade says the beating changed her son. He was depressed, riddled with anxiety, unable to hold down a job. That was the first of several incidents between Baldwin and Antioch police. Wade says it was as if they were stalking him, harassing him every where he went.\u003c/p>\n\u003cp>In 2020, Baldwin died by suicide. Wade faults Antioch police for her son’s mental trauma, and ultimately for his death.\u003c/p>\n\u003cp>Antioch police have not yet responded to requests for comment regarding subsequent interactions with Baldwin.\u003c/p>\n\u003cp>Now, Wade says, “It feels like my baby died all over again.”\u003c/p>\n\u003cp>That’s because Baldwin was mentioned in the text messages.\u003c/p>\n\u003ch2>“I knew from the beginning that it was a racist city”\u003c/h2>\n\u003cp>Officers joked about Baldwin’s claims that they beat him on his backside, and about the department using deadly force. “But we kill more Mexicans than anything else. So Blacks can feel safe,” one officer texted. “Sorry. Reverse that,” he followed up a minute later.\u003c/p>\n\u003cp>Those are some of the tamer texts released.\u003c/p>\n\u003cp>You’ll hear people talk about “old Antioch” — which refers to the place it used to be: White, working class, a sundown town, where people of color knew not to be after dark.\u003c/p>\n\u003cp>But all that has changed. Antioch is now 36% white, 35% Latino, and 20% Black, according to the\u003ca href=\"https://www.census.gov/quickfacts/fact/table/antiochcitycalifornia/LND110210\"> 2020 census\u003c/a>. The shift happened both gradually and quickly. At first, Black people and other people of color moved here for the reasons everyone else did: bigger houses, better schools, a shot at the suburban American dream.\u003c/p>\n\u003cfigure id=\"attachment_11947886\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947886\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\" alt=\"Two Black men, and one woman hold signs at a rally. One sign says: 'Fire & Decertify.' The others says 'We demand accountability.'\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64569_010_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Dozens of community members and activists join a rally outside of the Antioch Police Department on April 18, 2023, to protest the racist and homophobic text messages shared among members of the department. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the past decade or so, gentrification and exploding housing costs in cities such as San Francisco and Oakland drove displaced poor people here — especially people of color. As Oakland’s Black population shrank, Antioch’s grew.\u003c/p>\n\u003cp>This new great migration is happening across America, changing the suburbs that have long been thought of as white space into the most diverse places in the nation.\u003c/p>\n\u003cp>On this Tuesday night, the special meeting of the City Council was narrowly focused on addressing the ballooning scandal resulting from the racist texts, with the council voting to audit the department’s internal affairs division, its hiring and promotional practices, and to perform an equity audit.\u003c/p>\n\u003cp>Those all passed easily, but the meeting, like the one the week before, was about more than just policy. People needed to speak.\u003c/p>\n\u003cp>Almost 100 people protested in front of the police station ahead of the council meeting, walking a stone’s throw from City Hall.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"antioch"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Antioch didn’t look like this, but it does now,” said Timothy Manly. “When everybody was fixing their issues in the ’60s, Antioch didn’t think that they’d have to.”\u003c/p>\n\u003cp>In the ’60s, Antioch was almost entirely white.\u003c/p>\n\u003cp>“You’re just reaping what you sowed,” he said.\u003c/p>\n\u003cp>Some people told stories of their own encounters with Antioch police, others spoke of the experiences of children and loved ones.\u003c/p>\n\u003cp>“These individuals that have spoken tonight are victims of police brutality, they are victims of crimes,” Public Defender Ellen McDonnell said when it was her turn at the dais. “The community and our clients have been sounding the alarm about your police department for years and years and years.”\u003c/p>\n\u003cp>Shayla Bowers talked about how important it was to name the officers. “Our Black and brown people, as you see in this room, we got names, we got banners, we are public about our deaths in our community,” she said. “We need to be public about these police officers that are doing harm in our community.”\u003c/p>\n\u003cp>“I knew from the beginning that it was a racist city,” said Gigi Crowder, the executive director of NAMI Contra Costa, an affiliate of the National Alliance on Mental Illness, and an Antioch resident. “But then I believed that there was a possibility for change.”\u003c/p>\n\u003cp>She believed that, she told the council, because it wasn’t just demographics that were shifting — the balance of power was too.\u003c/p>\n\u003ch2>‘I’ll bury that N*&*er in my fields’\u003c/h2>\n\u003cp>For a long time the Antioch’s leadership did not reflect its diversifying population. That changed in 2020, with a Black majority emerging on the five-person City Council, including Mayor Thorpe.\u003c/p>\n\u003cp>“In 2020, when all I asked for was a community to look at policies to do police reform,” Thorpe reminded the council chambers, “people lost their collective minds.”\u003c/p>\n\u003cp>“If they could’ve hung me from the highest tree in Antioch they would have,” he said.\u003c/p>\n\u003cp>A group of pro-police, almost entirely white residents, many affiliated with a private Facebook group called “Back the Blue,” flooded the then-online-only council meetings, pushing back against the new majority, and any suggestions of police reform. They mounted a recall campaign against Thorpe, \u003ca href=\"https://www.ktvu.com/news/recall-of-antioch-mayor-dies-following-allegations-of-fraud\">which failed to gather enough signatures\u003c/a>.\u003c/p>\n\u003cp>After the \u003ca href=\"https://www.kqed.org/news/11887516/why-was-angelo-quintos-death-ruled-an-accident\">December 2020 death of Angelo Quinto\u003c/a> in the custody of Antioch police, the council voted for police to wear body cameras, a reform many police departments passed over a decade ago, but Antioch had long resisted.\u003c/p>\n\u003cp>In one of the released texts, body cameras are mentioned. Discussing an arrest made with the Pittsburg Police Department, whose officers did have cameras, an Antioch officer wrote: “If Pitt didn’t have all those body cams and that was us … we would have f&*ked him up more.”\u003c/p>\n\u003cp>Another police officer, Devon Wenger, responded, “I agree. That’s why I don’t like body cameras.”\u003c/p>\n\u003cfigure id=\"attachment_11947926\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947926\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1.jpg\" alt=\"A small group of Black women stand on the sidewalk holding signs and protesting racism among police in Antioch.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64570_012_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Kiora Hansen and Della Currie join the protest in Antioch in front of the city’s police department. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a statement to \u003ca href=\"https://abcnews.go.com/US/city-antioch-police-officers-face-lawsuit-alleged-civil/story?id=98728222\">ABC News\u003c/a>, Wenger denied he was being racist, pointing out that he only sent that one text. “Out of both released reports, the initial 21-page-report and the secondary 14-page report, I just simply said I do not like body cams,” he told them.\u003c/p>\n\u003cp>“To put it bluntly, that’s not racist.”\u003c/p>\n\u003cp>Wenger also suggested that the investigation into Antioch police may have been “corrupted.”\u003c/p>\n\u003cp>NPR’s requests to speak to the officers named in the DA’s report were either ignored or declined.\u003c/p>\n\u003cp>Mayor Thorpe shows up in the police text messages too.\u003c/p>\n\u003cp>“I’ll buy someone a prime rib dinner at House of prime rib to 40 that mfr during the protest today,” one officer texted, referring to “the potential use of a .40mm less lethal launcher being utilized” on the mayor, the \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">DA’s report \u003c/a>explains. A .40mm weapon is a kind of gun that fires hard-foam projectiles. Their use \u003ca href=\"https://www.latimes.com/california/story/2020-06-12/protesters-complain-about-excessive-force\">against protesters and for crowd control\u003c/a>, as well as their designation as less lethal, has been criticized.\u003c/p>\n\u003cp>That text was sent in June 2020, during the heart of the \u003ca href=\"https://www.npr.org/2020/06/05/867060621/being-black-in-america-we-have-a-place-in-this-world-too\">national uprising\u003c/a> over the \u003ca href=\"https://www.npr.org/2020/05/27/862956646/george-floyds-death-stokes-call-for-minneapolis-officers-to-be-charged-with-murd\">murder of George Floyd by a Minneapolis police officer\u003c/a>. Another text referred to Floyd as “the gorilla who died.”\u003c/p>\n\u003cp>The text messages continuously refer to Black people as “gorillas” and “monkeys,” and officers repeatedly texted photos of gorillas to each other.\u003c/p>\n\u003cp>A young activist, Shagoofa Khan, prominent in organizing protests in Antioch, including \u003ca href=\"https://www.kqed.org/news/11837708/a-hunger-strike-in-antioch-and-what-it-says-about-the-changing-suburbs\">a hunger strike in front of the police station\u003c/a>, was also mentioned in the texts. She “looks like an Arabian nights cum dumpster,” a sergeant wrote.\u003c/p>\n\u003cp>The same sergeant, Josh Evans, texted in reference to the arrest of a Black suspect, “I’ll bury that N*&*er in my fields.”\u003c/p>\n\u003cp>Four minutes later he texted again. “And yes… it was a hard R on purpose.”\u003c/p>\n\u003ch2>‘I’m only stopping them cuz they black’\u003c/h2>\n\u003cp>The texts aren’t just filled with racist and sexist vitriol, they also seem to suggest possible civil rights violations.\u003c/p>\n\u003cp>On a group chat, one officer asks the others what they are doing. The response from another, “violating civil rights.”\u003c/p>\n\u003cp>Racial profiling was a “modus operandi with respect to these officers,” civil rights lawyer John Burris claimed at a news conference on April 20, announcing a federal lawsuit against the city, the police department, and individual officers on behalf of a growing list of victims.\u003c/p>\n\u003cp>“They would stop people just because they were Black, they would harass them, they would search them, and ultimately arrest them if they thought they could get away with it,” he alleged.\u003c/p>\n\u003cp>“They didn’t want any kind of oral, written, videotape of the confession,” he went on. “They wanted the confession to be such that they could make up the confession and convince their superiors that the person has confessed.”\u003c/p>\n\u003cp>Burris said he was also disturbed by text messages that suggested officers took pleasure in using violent force, especially on Black people.\u003c/p>\n\u003cp>Burris’ clients include those who say they were repeatedly targeted and falsely accused by Antioch police officers.\u003c/p>\n\u003cp>Adam Carpenter, one of the plaintiffs, was arrested for possession of a firearm by four of the officers named in the scandal.\u003c/p>\n\u003cp>“I have been harassed and targeted and railroaded by the Antioch police department for the last 10 years,” Carpenter told a scrum of reporters.\u003c/p>\n\u003cfigure id=\"attachment_11947885\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11947885\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg\" alt=\"A young woman with a bullhorn leads protesters on the street holding signs.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/04/RS64575_022_KQED_AntiochPoliceRacistTextProtest_04182023-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Shagoofa Khan leads a rally of dozens of community members from the Antioch Police Department to City Hall on April 18, 2023, to protest the racist and homophobic text messages shared among the department. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to the lawsuit, in the year before his arrest he was stopped by the same officers almost 10 times.\u003c/p>\n\u003cp>Carpenter spent 11 months in jail before all charges against him were dropped. The complaint alleges that one of the officers involved in Carpenter’s arrest texted, “I’m only stopping them cuz they black.” It alleges another wrote, “I sometimes just say people gave me a full confession when they didn’t. gets filed easier.”\u003c/p>\n\u003cp>“They have basically ruined my life,” Carpenter said. “I’ve not been able to get a job, and I’m a journeyman by trade, a painter.”\u003c/p>\n\u003cp>“It’s been devastating, like living in hell.”\u003c/p>\n\u003cp>Others shared similar stories, claiming patterns of harassment, planted evidence, and manufactured confessions.\u003c/p>\n\u003cp>The Antioch city attorney as well as current and former police chiefs have not yet responded to requests for comment on the litigation.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘In 2020, when all I asked for was a community to look at policies to do police reform, people lost their collective minds.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Antioch Mayor Lamar Thorpe","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Michael Rains, a former police officer and lawyer who represents some, but not all, of the officers, responded with a brief statement. “I understand this story is newsworthy on a number of fronts,” he wrote, “including, from my perspective, whether the due process and privacy rights of officers were abandoned by the Court and District Attorney.” But he added that he has advised his clients not to speak publicly, and is himself not granting interviews “at the present time.”\u003c/p>\n\u003cp>Current Antioch Police Chief Steven Ford, who is Black, came from San Francisco to lead the department a year ago. At the first council meeting after the scandal broke, he said that he is trying not to reform, but to reframe policing there. “We’re going to shift how things are done structurally, how they are done politically, how they are done administratively,” he said.\u003c/p>\n\u003cp>No one can tell yet just how many \u003ca href=\"https://www.kqed.org/news/11946551/antiochs-racist-police-text-message-scandal-could-mean-dropped-charges-in-other-cases\">criminal cases might hang in the balance \u003c/a>after these revelations. Burris, \u003ca href=\"https://www.ktvu.com/news/congressmen-want-us-attorney-general-to-investigate-antioch-police\">alongside others\u003c/a> including two members of Congress, are calling for the U.S. Department of Justice to investigate the Antioch Police Department.\u003c/p>\n\u003cp>Carpenter said that in a strange way, he was grateful to read all the texts. At least they confirmed for everyone else what he’d been experiencing for so long.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It has been the same for Kathryn Wade. Reading the texts may have reopened the wound of her son’s death, but at least, she says, “Everything is out in the open, now.”\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2023 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=These+California+police+officers+have+created+a+scandal.+They+sent+racist+texts&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11947876/antioch-police-racist-texting-scandal-confirms-what-many-black-and-brown-residents-have-decried-for-years","authors":["byline_news_11947876"],"categories":["news_8"],"tags":["news_19122","news_32679","news_32621","news_24958","news_20081","news_20625","news_28133","news_32002"],"affiliates":["news_253"],"featImg":"news_11947888","label":"news_253"},"news_11946773":{"type":"posts","id":"news_11946773","meta":{"index":"posts_1591205157","site":"news","id":"11946773","score":null,"sort":[1681725651000]},"guestAuthors":[],"slug":"the-antioch-police-departments-racist-text-messages","title":"The Antioch Police Department's Racist Text Messages","publishDate":1681725651,"format":"audio","headTitle":"The Antioch Police Department’s Racist Text Messages | KQED","labelTerm":{},"content":"\u003cp>\u003ci>This episode contains explicit, racist and offensive language, as well as descriptions of violence.\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For years, police officers in the city of Antioch used racist and homophobic slurs with their colleagues in text messages, and openly bragged about targeting people of color with violence. These messages were released to the public in a Contra Costa County District Attorney report last week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These racist texts were released as the department is already being investigated by federal authorities, and as a grand jury considers charging officers with fraud, assault under color of authority, bribery, and other charges. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nearly 1 in 5 police officers in Antioch are currently suspended. For longtime advocates of police reform in Antioch, these messages are a painful reminder of how deeply racism is embedded in the culture of their local police department.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://bit.ly/3NXMUms\">\u003cem>Episode transcript\u003c/em>\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/NateGartrell\" target=\"_blank\" rel=\"noopener\">Nate Gartrell,\u003c/a> East Bay Times courts reporter\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC7498104696&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>\u003cstrong>Links: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\" target=\"_blank\" rel=\"noopener\">Exclusive: Inside the Antioch police department’s secret racist texting group\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/13/new-text-messages-show-antioch-gang-unit-boasted-about-injuring-suspects-kicking-heads-like-a-field-goal/\" target=\"_blank\" rel=\"noopener\">New text messages show Antioch gang unit boasted about injuring suspects, kicking heads like a ‘field goal’\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"article-headline\">\u003ca href=\"https://www.nbcbayarea.com/news/local/read-antioch-police-racist-texts/3205051/\" target=\"_blank\" rel=\"noopener\">District Attorney Investigative Reports Detail Alleged Antioch Police Racist Texts\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003c/div>\n\n","blocks":[],"excerpt":"Antioch police officers shared racist, explicit text messages and reveled in targeting people of color with violence.","status":"publish","parent":0,"modified":1700682694,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":9,"wordCount":192},"headData":{"title":"The Antioch Police Department's Racist Text Messages | KQED","description":"Antioch police officers shared racist, explicit text messages and reveled in targeting people of color with violence.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Antioch Police Department's Racist Text Messages","datePublished":"2023-04-17T10:00:51.000Z","dateModified":"2023-11-22T19:51:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/A511B8/traffic.megaphone.fm/KQINC7498104696.mp3?updated=1681591984","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946773/the-antioch-police-departments-racist-text-messages","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ci>This episode contains explicit, racist and offensive language, as well as descriptions of violence.\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For years, police officers in the city of Antioch used racist and homophobic slurs with their colleagues in text messages, and openly bragged about targeting people of color with violence. These messages were released to the public in a Contra Costa County District Attorney report last week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These racist texts were released as the department is already being investigated by federal authorities, and as a grand jury considers charging officers with fraud, assault under color of authority, bribery, and other charges. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nearly 1 in 5 police officers in Antioch are currently suspended. For longtime advocates of police reform in Antioch, these messages are a painful reminder of how deeply racism is embedded in the culture of their local police department.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://bit.ly/3NXMUms\">\u003cem>Episode transcript\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/NateGartrell\" target=\"_blank\" rel=\"noopener\">Nate Gartrell,\u003c/a> East Bay Times courts reporter\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC7498104696&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003cp>\u003cstrong>Links: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\" target=\"_blank\" rel=\"noopener\">Exclusive: Inside the Antioch police department’s secret racist texting group\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.mercurynews.com/2023/04/13/new-text-messages-show-antioch-gang-unit-boasted-about-injuring-suspects-kicking-heads-like-a-field-goal/\" target=\"_blank\" rel=\"noopener\">New text messages show Antioch gang unit boasted about injuring suspects, kicking heads like a ‘field goal’\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"article-headline\">\u003ca href=\"https://www.nbcbayarea.com/news/local/read-antioch-police-racist-texts/3205051/\" target=\"_blank\" rel=\"noopener\">District Attorney Investigative Reports Detail Alleged Antioch Police Racist Texts\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946773/the-antioch-police-departments-racist-text-messages","authors":["11649","11635","11802"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_19122","news_116","news_19216","news_22598"],"featImg":"news_11792384","label":"source_news_11946773"},"news_11946551":{"type":"posts","id":"news_11946551","meta":{"index":"posts_1591205157","site":"news","id":"11946551","score":null,"sort":[1681347639000]},"guestAuthors":[],"slug":"antiochs-racist-police-text-message-scandal-could-mean-dropped-charges-in-other-cases","title":"Antioch's Racist Police Text Message Scandal Could Mean Dropped Charges in Some Cases","publishDate":1681347639,"format":"standard","headTitle":"Antioch’s Racist Police Text Message Scandal Could Mean Dropped Charges in Some Cases | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Editor’s note: This story contains racist language.\u003c/em>\u003c/p>\n\u003cp>Contra Costa County Superior Court Judge David Goldstein will decide by May 19 whether to dismiss gang enhancement charges against four Black men arrested in connection with a shooting in Antioch.\u003c/p>\n\u003cp>Attorneys for the men had already filed motions to dismiss the charges on the grounds of the California Racial Justice Act, which prohibits racism in criminal prosecutions and sentencing. The argument was bolstered this week by a spiraling racist text message scandal within the Antioch Police Department. Some of the text messages contain references to the four men.\u003c/p>\n\u003cp>The racist texts surfaced during an ongoing investigation by the FBI and Contra Costa County District Attorney Diana Becton into misconduct by police officers in Antioch and Pittsburg, including officers misusing police dogs, falsifying education records to obtain pay bumps and eliciting false confessions. The \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">district attorney’s report (PDF)\u003c/a>, which contains racist, misogynistic and violent language and imagery, was obtained by KQED.\u003c/p>\n\u003cp>Eleven members of the Antioch Police Department are on leave after the investigation. At least 14 officers — sergeants, detectives and supervisors — allegedly sent and received racist memes and text messages for four years, according to the report.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The revelation arrives on top of \u003ca href=\"https://www.sfgate.com/news/article/Latest-Oakland-police-chief-is-out-after-two-days-8310286.php\">numerous racist text scandals that have rocked police departments\u003c/a> and communities across the Bay Area.\u003c/p>\n\u003cp>“Our clients are more seriously charged than similarly situated defendants of other races, non-Black defendants,” said Evan Kuluk, deputy public defender with the Alternate Defender Office for Contra Costa County.\u003c/p>\n\u003cp>The case surrounds four alleged members of an East Oakland-based gang who were charged in August 2021 with conspiracy to murder rival gang members and attempted murder in connection with a March 2021 homicide in Antioch.[pullquote size='medium' align='left' citation=\"Evan Kuluk, deputy public defender, Alternate Defender Office for Contra Costa County\"]‘Our clients are more seriously charged than similarly situated defendants of other races, non-Black defendants.’[/pullquote]Attorneys have been in litigation for the last six months over alleged racial disparities in gang charges in homicide cases, Kuluk said. \u003ca href=\"https://www.eastbaytimes.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\">The East Bay Times first reported on the horrific text messages.\u003c/a>\u003c/p>\n\u003cp>About 20% of APD’s officers are currently suspended, and the text messages are likely to compromise many more Contra Costa criminal cases.\u003c/p>\n\u003cp>In the texts, officers bragged about falsifying confessions and assaulting Black residents, and rampantly used racist stereotypes about the communities they were sworn to protect.\u003c/p>\n\u003cp>In April 2020, Sgt. Josh Evans texted officer Morteza Amiri, “I’ll bury that n—r in my fields.” The report notes that Amiri laughed at the above comment, and then Evans responded, “And yes… it was a hard R on purpose.”[aside label=\"Related Stories\" tag=\"racist-texts\"]Amiri replied, “haha there’s no accidents with you on that.”\u003c/p>\n\u003cp>“Why would it take a legislative enactment to get 20 officers to understand that it’s their job to intercede when their fellow officers are abusing, assaulting members of their community, using racial epithets,” said Carmela Caramagno, an attorney who represents one of the defendants.\u003c/p>\n\u003cp>The messages include direct threats against Antioch Mayor Lamar Thorpe, who is Black and Latino. In 2020, John Ramirez sent a text to fellow APD officers saying he would “buy someone a prime rib dinner” if they shot at Thorpe with a rubber-bullet 40 mm launcher at a protest.\u003c/p>\n\u003cp>“You can’t say those things unless there’s an institution or a culture that says that’s OK. And so we have to fix that,” Thorpe said in response to the messages.\u003c/p>\n\u003cp>On Saturday, \u003ca href=\"https://www.kqed.org/news/11946168/racist-text-messages-lead-antioch-mayor-to-call-for-independent-audit-of-police-department\">Thorpe called for an audit of internal affairs complaints\u003c/a>. The mayor, who said that the audit should include all complaints made against police officers over the last six to eight years, also requested a study of demographic data on arrests and use of force.[pullquote size='medium' align='left' citation=\"Antioch Mayor Lamar Thorpe\"]‘You can’t say those things unless there’s an institution or a culture that says that’s OK. And so we have to fix that.’[/pullquote]The Antioch Police Department did not return a request for comment.\u003c/p>\n\u003cp>Caramagno said she plans to file a motion to dismiss all the charges against her client.\u003c/p>\n\u003cp>“If you look at the text messages, you’ve got at least 20 officers, whether they’re sending texts or receiving texts,” she said. “So far, I’m not aware of a single officer coming forward to call out this behavior, stop the behavior or intercede on the defendant’s behalf. If that’s not egregious governmental conduct, I don’t know what it is.”\u003c/p>\n\u003cp>\u003cem>KQED reporters Tara Siler and Sara Hossaini contributed to this report.\u003c/em>\u003c/p>\n\u003cp>Editor’s note, April 14:\u003c/p>\n\u003cp>KQED \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">published the district attorney’s investigative report on April 12 (PDF)\u003c/a> in the interest of providing our audiences with unvarnished access to the content of the racist, misogynistic and violent text messages allegedly sent by members of the Antioch Police Department. KQED has redacted the version of the report we obtained to exclude information also withheld in court records.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Contra Costa County District Attorney’s Office released a heavily censored version of the report on April 13. That version can be viewed \u003ca href=\"https://www.contracosta.ca.gov/DocumentCenter/View/78884/Disclosure-Report-CCCDAO-and-Court-Ordered-Redactions\">here (PDF)\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"Eleven Antioch police officers are now on leave after an investigation revealed a slew of racist and violent messaging between officers and their superiors.","status":"publish","parent":0,"modified":1681513810,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":916},"headData":{"title":"Antioch's Racist Police Text Message Scandal Could Mean Dropped Charges in Some Cases | KQED","description":"Eleven Antioch police officers are now on leave after an investigation revealed a slew of racist and violent messaging between officers and their superiors.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Antioch's Racist Police Text Message Scandal Could Mean Dropped Charges in Some Cases","datePublished":"2023-04-13T01:00:39.000Z","dateModified":"2023-04-14T23:10:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946551/antiochs-racist-police-text-message-scandal-could-mean-dropped-charges-in-other-cases","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Editor’s note: This story contains racist language.\u003c/em>\u003c/p>\n\u003cp>Contra Costa County Superior Court Judge David Goldstein will decide by May 19 whether to dismiss gang enhancement charges against four Black men arrested in connection with a shooting in Antioch.\u003c/p>\n\u003cp>Attorneys for the men had already filed motions to dismiss the charges on the grounds of the California Racial Justice Act, which prohibits racism in criminal prosecutions and sentencing. The argument was bolstered this week by a spiraling racist text message scandal within the Antioch Police Department. Some of the text messages contain references to the four men.\u003c/p>\n\u003cp>The racist texts surfaced during an ongoing investigation by the FBI and Contra Costa County District Attorney Diana Becton into misconduct by police officers in Antioch and Pittsburg, including officers misusing police dogs, falsifying education records to obtain pay bumps and eliciting false confessions. The \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">district attorney’s report (PDF)\u003c/a>, which contains racist, misogynistic and violent language and imagery, was obtained by KQED.\u003c/p>\n\u003cp>Eleven members of the Antioch Police Department are on leave after the investigation. At least 14 officers — sergeants, detectives and supervisors — allegedly sent and received racist memes and text messages for four years, according to the report.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The revelation arrives on top of \u003ca href=\"https://www.sfgate.com/news/article/Latest-Oakland-police-chief-is-out-after-two-days-8310286.php\">numerous racist text scandals that have rocked police departments\u003c/a> and communities across the Bay Area.\u003c/p>\n\u003cp>“Our clients are more seriously charged than similarly situated defendants of other races, non-Black defendants,” said Evan Kuluk, deputy public defender with the Alternate Defender Office for Contra Costa County.\u003c/p>\n\u003cp>The case surrounds four alleged members of an East Oakland-based gang who were charged in August 2021 with conspiracy to murder rival gang members and attempted murder in connection with a March 2021 homicide in Antioch.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Our clients are more seriously charged than similarly situated defendants of other races, non-Black defendants.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Evan Kuluk, deputy public defender, Alternate Defender Office for Contra Costa County","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Attorneys have been in litigation for the last six months over alleged racial disparities in gang charges in homicide cases, Kuluk said. \u003ca href=\"https://www.eastbaytimes.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\">The East Bay Times first reported on the horrific text messages.\u003c/a>\u003c/p>\n\u003cp>About 20% of APD’s officers are currently suspended, and the text messages are likely to compromise many more Contra Costa criminal cases.\u003c/p>\n\u003cp>In the texts, officers bragged about falsifying confessions and assaulting Black residents, and rampantly used racist stereotypes about the communities they were sworn to protect.\u003c/p>\n\u003cp>In April 2020, Sgt. Josh Evans texted officer Morteza Amiri, “I’ll bury that n—r in my fields.” The report notes that Amiri laughed at the above comment, and then Evans responded, “And yes… it was a hard R on purpose.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"racist-texts"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Amiri replied, “haha there’s no accidents with you on that.”\u003c/p>\n\u003cp>“Why would it take a legislative enactment to get 20 officers to understand that it’s their job to intercede when their fellow officers are abusing, assaulting members of their community, using racial epithets,” said Carmela Caramagno, an attorney who represents one of the defendants.\u003c/p>\n\u003cp>The messages include direct threats against Antioch Mayor Lamar Thorpe, who is Black and Latino. In 2020, John Ramirez sent a text to fellow APD officers saying he would “buy someone a prime rib dinner” if they shot at Thorpe with a rubber-bullet 40 mm launcher at a protest.\u003c/p>\n\u003cp>“You can’t say those things unless there’s an institution or a culture that says that’s OK. And so we have to fix that,” Thorpe said in response to the messages.\u003c/p>\n\u003cp>On Saturday, \u003ca href=\"https://www.kqed.org/news/11946168/racist-text-messages-lead-antioch-mayor-to-call-for-independent-audit-of-police-department\">Thorpe called for an audit of internal affairs complaints\u003c/a>. The mayor, who said that the audit should include all complaints made against police officers over the last six to eight years, also requested a study of demographic data on arrests and use of force.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘You can’t say those things unless there’s an institution or a culture that says that’s OK. And so we have to fix that.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Antioch Mayor Lamar Thorpe","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Antioch Police Department did not return a request for comment.\u003c/p>\n\u003cp>Caramagno said she plans to file a motion to dismiss all the charges against her client.\u003c/p>\n\u003cp>“If you look at the text messages, you’ve got at least 20 officers, whether they’re sending texts or receiving texts,” she said. “So far, I’m not aware of a single officer coming forward to call out this behavior, stop the behavior or intercede on the defendant’s behalf. If that’s not egregious governmental conduct, I don’t know what it is.”\u003c/p>\n\u003cp>\u003cem>KQED reporters Tara Siler and Sara Hossaini contributed to this report.\u003c/em>\u003c/p>\n\u003cp>Editor’s note, April 14:\u003c/p>\n\u003cp>KQED \u003ca href=\"https://s3.documentcloud.org/documents/23778279/disclosure-report-court-redactions-final.pdf\">published the district attorney’s investigative report on April 12 (PDF)\u003c/a> in the interest of providing our audiences with unvarnished access to the content of the racist, misogynistic and violent text messages allegedly sent by members of the Antioch Police Department. KQED has redacted the version of the report we obtained to exclude information also withheld in court records.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The Contra Costa County District Attorney’s Office released a heavily censored version of the report on April 13. That version can be viewed \u003ca href=\"https://www.contracosta.ca.gov/DocumentCenter/View/78884/Disclosure-Report-CCCDAO-and-Court-Ordered-Redactions\">here (PDF)\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946551/antiochs-racist-police-text-message-scandal-could-mean-dropped-charges-in-other-cases","authors":["11840"],"categories":["news_6188","news_8"],"tags":["news_19122","news_32621","news_17725","news_30230","news_20625","news_19216","news_32002"],"featImg":"news_11946566","label":"news"},"news_11946168":{"type":"posts","id":"news_11946168","meta":{"index":"posts_1591205157","site":"news","id":"11946168","score":null,"sort":[1681166909000]},"guestAuthors":[],"slug":"racist-text-messages-lead-antioch-mayor-to-call-for-independent-audit-of-police-department","title":"Racist Text Messages Lead Antioch Mayor to Call for Independent Audit of Police Department","publishDate":1681166909,"format":"standard","headTitle":"Racist Text Messages Lead Antioch Mayor to Call for Independent Audit of Police Department | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The mayor of Antioch is calling for an independent audit of the internal affairs process of the city’s police department, after a judge revealed the names of 17 Antioch police officers who are alleged to have sent racist text messages to each other.\u003c/p>\n\u003cp>Mayor Lamar Thorpe said Saturday afternoon that the audit should include all complaints made against police officers over the last six to eight years. He also called for a complete review of any complaints made that are beyond the statute of limitations.\u003c/p>\n\u003cp>“The culture at the Antioch Police Department is a problem, and has long been a huge legal and financial liability for the city, which is on full display today,” Thorpe said in a statement. “The culture of the department requires further exploration, including how the hell all of this alleged misconduct could go on for so long without anyone on our command staff noticing, from lieutenant on to chief.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Antioch Mayor Lamar Thorpe\"]‘At this point, I don’t know how we avoid federal oversight, just given where we are at right now’[/pullquote]\u003c/p>\n\u003cp>The police officers identified Friday by Contra Costa County Superior Court Judge Clare Maier included the president of the city’s police union. Antioch Police Chief Steven Ford declined to comment on Thorpe’s statements.\u003c/p>\n\u003cp>The texts surfaced as part of an ongoing investigation by the FBI into police officers in Antioch and Pittsburg, for alleged crimes and misconduct including the misuse of police dogs, falsifying education records to obtain pay bumps, and eliciting false confessions. Some of the officers were already known to be under investigation by the FBI, but Friday’s revelation increased the scope of officers known to have participated in racist text message conversations.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>According to the East Bay Times, \u003ca href=\"https://www.eastbaytimes.com/2023/04/07/judge-names-17-antioch-cops-who-allegedly-sent-racist-text-messages-memes/\">Judge Maier deemed the nature of the text messages to be so offensive that they could provoke more racial hostility\u003c/a>. However, she ruled that the texts should not be kept confidential.\u003c/p>\n\u003cp>The surfacing of the messages could also affect the outcome of active criminal cases. Evan Kuluk, deputy public defender with the Alternate Defender Office in Contra Costa County, is representing one of four co-defendants charged with homicide in an allegedly gang-related shooting that took place in March of 2021.\u003c/p>\n\u003cp>“Based on Judge Maier’s ruling Friday, we know that the lead investigating detective, as well as the detective who was presented at preliminary hearing as the gang expert, are both involved in sending these texts,” said Kuluk.\u003c/p>\n\u003cp>He said the officers’ texts were sent in the course of a wiretap operation during which officers listened in on the defendant’s calls.\u003c/p>\n\u003cp>Kuluk says that if an officer uses racist language or exhibits racist behavior toward a defendant, “it is pretty much uncontroverted that this would be a violation of the California Racial Justice Act. It seems clear from what we have learned that these text messages will show exactly that racial animus towards the defendants in this case.”\u003c/p>\n\u003cp>The \u003ca href=\"https://deathpenaltyinfo.org/news/california-legislature-passes-racial-justice-package-affecting-death-penalty-practices\">California Racial Justice Act\u003c/a> — passed in 2020 and expanded in 2022 — prohibits racism in criminal prosecutions and sentencing. If a case is found to involve violations of the act, judges can downgrade criminal charges or dismiss them entirely. According to Kuluk, in his case, “it’s not so much a question of whether the Racial Justice Act has been violated, but what remedy the judge will determine is appropriate.”\u003c/p>\n\u003cp>When asked about the prospect of a federal monitor overseeing the Antioch Police Department, Thorpe said, “At this point, I don’t know how we avoid federal oversight, just given where we are at right now.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The mayor of Antioch is calling for an independent audit of the internal affairs process of the city’s police department, after a judge revealed the names of 17 Antioch police officers who are alleged to have sent racist text messages to each other.","status":"publish","parent":0,"modified":1681246248,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":635},"headData":{"title":"Racist Text Messages Lead Antioch Mayor to Call for Independent Audit of Police Department | KQED","description":"The mayor of Antioch is calling for an independent audit of the internal affairs process of the city’s police department, after a judge revealed the names of 17 Antioch police officers who are alleged to have sent racist text messages to each other.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Racist Text Messages Lead Antioch Mayor to Call for Independent Audit of Police Department","datePublished":"2023-04-10T22:48:29.000Z","dateModified":"2023-04-11T20:50:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11946168/racist-text-messages-lead-antioch-mayor-to-call-for-independent-audit-of-police-department","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The mayor of Antioch is calling for an independent audit of the internal affairs process of the city’s police department, after a judge revealed the names of 17 Antioch police officers who are alleged to have sent racist text messages to each other.\u003c/p>\n\u003cp>Mayor Lamar Thorpe said Saturday afternoon that the audit should include all complaints made against police officers over the last six to eight years. He also called for a complete review of any complaints made that are beyond the statute of limitations.\u003c/p>\n\u003cp>“The culture at the Antioch Police Department is a problem, and has long been a huge legal and financial liability for the city, which is on full display today,” Thorpe said in a statement. “The culture of the department requires further exploration, including how the hell all of this alleged misconduct could go on for so long without anyone on our command staff noticing, from lieutenant on to chief.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘At this point, I don’t know how we avoid federal oversight, just given where we are at right now’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Antioch Mayor Lamar Thorpe","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The police officers identified Friday by Contra Costa County Superior Court Judge Clare Maier included the president of the city’s police union. Antioch Police Chief Steven Ford declined to comment on Thorpe’s statements.\u003c/p>\n\u003cp>The texts surfaced as part of an ongoing investigation by the FBI into police officers in Antioch and Pittsburg, for alleged crimes and misconduct including the misuse of police dogs, falsifying education records to obtain pay bumps, and eliciting false confessions. Some of the officers were already known to be under investigation by the FBI, but Friday’s revelation increased the scope of officers known to have participated in racist text message conversations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to the East Bay Times, \u003ca href=\"https://www.eastbaytimes.com/2023/04/07/judge-names-17-antioch-cops-who-allegedly-sent-racist-text-messages-memes/\">Judge Maier deemed the nature of the text messages to be so offensive that they could provoke more racial hostility\u003c/a>. However, she ruled that the texts should not be kept confidential.\u003c/p>\n\u003cp>The surfacing of the messages could also affect the outcome of active criminal cases. Evan Kuluk, deputy public defender with the Alternate Defender Office in Contra Costa County, is representing one of four co-defendants charged with homicide in an allegedly gang-related shooting that took place in March of 2021.\u003c/p>\n\u003cp>“Based on Judge Maier’s ruling Friday, we know that the lead investigating detective, as well as the detective who was presented at preliminary hearing as the gang expert, are both involved in sending these texts,” said Kuluk.\u003c/p>\n\u003cp>He said the officers’ texts were sent in the course of a wiretap operation during which officers listened in on the defendant’s calls.\u003c/p>\n\u003cp>Kuluk says that if an officer uses racist language or exhibits racist behavior toward a defendant, “it is pretty much uncontroverted that this would be a violation of the California Racial Justice Act. It seems clear from what we have learned that these text messages will show exactly that racial animus towards the defendants in this case.”\u003c/p>\n\u003cp>The \u003ca href=\"https://deathpenaltyinfo.org/news/california-legislature-passes-racial-justice-package-affecting-death-penalty-practices\">California Racial Justice Act\u003c/a> — passed in 2020 and expanded in 2022 — prohibits racism in criminal prosecutions and sentencing. If a case is found to involve violations of the act, judges can downgrade criminal charges or dismiss them entirely. According to Kuluk, in his case, “it’s not so much a question of whether the Racial Justice Act has been violated, but what remedy the judge will determine is appropriate.”\u003c/p>\n\u003cp>When asked about the prospect of a federal monitor overseeing the Antioch Police Department, Thorpe said, “At this point, I don’t know how we avoid federal oversight, just given where we are at right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11946168/racist-text-messages-lead-antioch-mayor-to-call-for-independent-audit-of-police-department","authors":["11785"],"categories":["news_8"],"tags":["news_19122","news_32621","news_17725","news_30230","news_20625","news_19216","news_32002"],"featImg":"news_11946252","label":"news"},"news_11907727":{"type":"posts","id":"news_11907727","meta":{"index":"posts_1591205157","site":"news","id":"11907727","score":null,"sort":[1647273249000]},"guestAuthors":[],"slug":"reknitting-the-safety-net-help-pay-the-rent","title":"Reknitting the Safety Net: Help Pay the Rent","publishDate":1647273249,"format":"audio","headTitle":"Reknitting the Safety Net: Help Pay the Rent | KQED","labelTerm":{},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">Falling behind on rent is the primary reason that people are evicted. So how do you keep people from falling behind in the first place? Help them pay their rent. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In this final episode of the season, we’ll look at the promise, the problems and the history of Section 8, as well as the push for guaranteed income.\u003c/span>\u003c/p>\n\u003ch5 id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC1525875908&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/h5>\n\u003chr>\n\u003cp>\u003cb>THE RENT EATS FIRST [TRANSCRIPT]\u003c/b>\u003c/p>\n\u003cp>\u003cb>ERIN BALDASSARI, HOST\u003c/b>:\u003cspan style=\"font-weight: 400\"> Kemanie and his wife were like a lot of young couples just starting out. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was the early 2000s. He had recently started his career as a carpenter. She was a teacher. They were both in their mid-20s.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But even with two incomes, they could barely make ends meet. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We were living in a, like, a small, tiny little one-bedroom apartment with roaches, like basically a little small ghetto.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Then their son was born. His wife stopped working to take care of him. And their budget got even tighter. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And things was hard, but we started falling behind on rent.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">How far behind were you on rent at that time?\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> I was $4,000 behind on rent at the time.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY SOLOMON, HOST\u003c/b>:\u003cspan style=\"font-weight: 400\"> They were living where they both grew up in Marin County, just across the Golden Gate Bridge from San Francisco.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">At that point in time there was no way for us to survive in Marin County.\u003c/span>\u003cb> \u003c/b>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">It didn’t help that it’s one of the \u003c/span>\u003ca href=\"https://www.california.com/the-most-expensive-counties-in-the-us/\">\u003cspan style=\"font-weight: 400\">wealthiest counties in the country\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. Or that their landlord was planning on selling the apartment they were renting.\u003c/span>\u003c/p>\n\u003cp>They couldn’t figure out how they were going to pay the back rent and still have money for a deposit to move somewhere new.\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We would have been homeless\u003c/span>. You know, it would have been really bad.\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> They thought about moving in with one of their parents or leaving Marin County altogether. Then, they got some good news. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">So we got it, we were out doing something — running an errand — and on the way back, my wife got the email.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> They got what some have called a “golden ticket” — a Section 8 housing voucher.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Section 8 is a federal program that helps low-income people afford rent on the private market.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Kemanie and his wife had put in their application nearly \u003c/span>\u003cspan style=\"font-weight: 400\">a decade\u003c/span>\u003cspan style=\"font-weight: 400\"> ago. And they’d been stuck on a waiting list that never seemed to budge. When they finally got the news, it was like winning the lottery. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We both looked at each other. And was, like, yes. I mean, it was like perfect timing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> It was a huge opportunity for them. With Section 8, they would only have to pay 30% of their income towards rent. \u003c/span>\u003c/p>\n\u003cp>\u003cstrong>KEMANIE\u003c/strong>: \u003cspan style=\"font-weight: 400\">It was an epiphany for us because it was like, life can go on now, like we — there’s a path forward. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> They wouldn’t fall behind on bills. And they’d have a chance to catch up. They’d have some room to breathe. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: So, they started looking for a new place to live. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And we searched and searched and searched, and went and visited and talked to people, and knowing that we had the housing voucher, we thought it was going to be easier because it was a guarantee. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: A guarantee because most of the rent money comes from the federal government. It’s usually deposited straight into the landlord’s bank account.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And we found out that it was more of a hindrance than anything. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Sold Out theme song begins.)\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: It’s what most Section 8 tenants discover — the voucher is not only hard to get, it’s hard to use.\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> These problems aren’t new. And neither is Section 8. But over the past half century, it’s become the No. 1 way we subsidize rent in this country.\u003c/span>\u003c/p>\n\u003cp>As rents climb higher, advocates say we need to fix the problems with Section 8 and expand it. To make it work for more people.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I’m Molly Solomon.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> And I’m Erin Baldassari. From KQED, this is Sold Out: Rethinking Housing in America. \u003c/span>\u003c/p>\n\u003cp>Today, the final chapter in our series on evictions.\u003c/p>\n\u003cp>How to keep people from getting evicted? Help pay the rent.\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Sold Out theme song ends.)\u003c/span>\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_11908148\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11908148\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Kemanie holds the keys to his Novato home. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Kemanie and his wife have had a housing voucher for nearly two decades now. And anytime they’ve had to move, it’s always the same thing. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">They apply to dozens of places, visit a ton of apartments and get the same answers.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And every single time it was like, no, nope, no, no.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> It didn’t seem to matter that they had good references from past landlords, even letters from neighbors. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">As soon as Section 8 comes up, you see like a glaze go over their eyes like, OK, I got to deal with this conversation and move on to the next person.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Some landlords told them point-blank they wouldn’t accept Section 8, even though that’s illegal in California and a handful of other states. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Those laws are hard to enforce, though. And landlords find all sorts of ways of getting around them — like requiring a credit score of 700 or above.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">You know, it was kind of, smile in our face, “Oh, yeah, but your credit score is low.” But the bottom line is most people are on Section 8 because they’re having issues financially and their credit is not very good.\u003c/span>\u003cb> \u003c/b>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Or, landlords would ask them to have an income that’s at least three times the rent.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">It’s like, if I make three times the monthly amount, I’m buying my own place. P\u003c/span>\u003cspan style=\"font-weight: 400\">eriod, that’s it.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Other times there was an online application, but no box to check to say they had Section 8. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> Right? And you don’t even get to talk to anybody or even see anybody or state your case. And it doesn’t say you have Section 8 on the app, so you can’t fill that out. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Usually, though, they just never heard back. There was no explanation at all.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> So, Kemanie and his wife tried harder. They wrote cover letters. And organized all their references and documentation into nice, neat little folders.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We would put a little picture, a nice little cute picture of our Black family for people to accept and like and maybe, you know, feel sorry for us.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> It was frustrating and stressful. \u003c/span>\u003cspan style=\"font-weight: 400\">To Kemanie, it felt racist.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And it really felt like redlining. Is, that’s how I felt about it, because they’re just like, no, you know.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Racial discrimination can be hard to prove, but a recent audit found it’s a pervasive problem.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Fair Housing Advocates of Northern California conducted paired tests of white and Black renters. \u003c/span>\u003cspan style=\"font-weight: 400\">And found that \u003c/span>\u003ca href=\"https://www.scribd.com/document/398920895/raceaudit2016-17?secret_password=A5Sg4qdij47q2erNlj3X#fullscreen&from_embed\">\u003cspan style=\"font-weight: 400\">nearly 70% of the time\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, landlords in the county where Kemanie lives refused to rent to Black tenants, or used more subtle behaviors, like leaving someone on hold for hours, never calling back or steering Black applicants away from certain neighborhoods. \u003ca href=\"https://www.scribd.com/document/504967414/no-and-soi-audit-2019-20-report?secret_password=wY0jrrhNpcBCBhEVm0zi#download&from_embed\">More than half the time\u003c/a>, landlords did the same for voucher holders.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> To Kemanie, this was not news. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He and his wife had lived their whole lives in Marin County — a community where more than 70% of the residents are white, and where the average household makes over $115,000 a year. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> It’s hard to explain it to other people. We’re Black in America. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Every day, especially also for me, being a Black man and being very intimidating to a lot of people. Every single day, when I meet somebody, I got to put a smile on my face to like, look, I’m not threatening.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Holding a Section 8 voucher in his hands worsens the daily strain of trying to find acceptance. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> And it felt like that times 10, because this time we’re looking for everyone’s approval and it’s — we’re trying to dress us up as the best we can to get accepted by people that we know maybe aren’t racist, but just aren’t as inclined to want us to be there. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That was very, very, very hard. And that was, I think, probably the most defeating part of the whole thing for us.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>MOLLY\u003c/strong>: This discrimination is why we aren’t using Kemanie’s full name. Or his wife’s name.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The experience of looking for a place to live has been so traumatic, they’re afraid to do anything that might hurt their chances of finding a home the next time they have to start looking. \u003c/span>\u003cspan style=\"font-weight: 400\">Their struggles with Section 8 highlight two of the program’s biggest failures.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Only \u003c/span>\u003ca href=\"https://www.urban.org/sites/default/files/publication/94146/trends-in-housing-problems-and-federal-housing-assistance.pdf\">\u003cspan style=\"font-weight: 400\">1 in 5\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> who qualify for rental assistance actually receives it. Meaning most people are stuck on waitlists for years — \u003c/span>\u003ca href=\"https://www.cbpp.org/research/housing/long-waitlists-for-housing-vouchers-show-pressing-unmet-need-for-assistance\">\u003cspan style=\"font-weight: 400\">even decades\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And when people do get off those waitlists, \u003c/span>\u003ca href=\"https://www.huduser.gov/portal/publications/pdf/sec8success_1.pdf\">\u003cspan style=\"font-weight: 400\">roughly a third\u003c/span>\u003c/a> \u003cspan style=\"font-weight: 400\">lose \u003c/span>\u003cspan style=\"font-weight: 400\">their vouchers because they can’t find any landlord willing to take them. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> That’s partly because there’s an unfair stigma around Section 8, even if it isn’t backed up by evidence. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/eva_rosen?lang=en\">Eva Rosen\u003c/a> is an assistant professor at Georgetown University, and she \u003c/span>\u003ca href=\"https://press.princeton.edu/books/hardcover/9780691172569/the-voucher-promise\">\u003cspan style=\"font-weight: 400\">wrote a book on Section 8\u003c/span>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA ROSEN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Landlords sometimes don’t want to rent to big families. They often worry that voucher-holders might be more likely to do damage to the home \u003c/span>\u003cspan style=\"font-weight: 400\">or that they might be noisier tenants. \u003c/span>\u003cspan style=\"font-weight: 400\">And again, none of this is really backed up by any kind of data, but the stigma itself is very real.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">This unfair stigma is made worse when you add in racism — the kind that Kemanie and his family felt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nationally, \u003c/span>\u003ca href=\"https://www.huduser.gov/portal/datasets/assthsg.html#2009-2021_query\">\u003cspan style=\"font-weight: 400\">about two-thirds of voucher holders\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> are people of color.\u003c/span>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>:\u003cspan style=\"font-weight: 400\"> In my research with landlords, they say things like, well, I couldn’t rent to a Black person in this neighborhood because all of my other tenants are white and they would not like that.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I think racism is a big part of the reticence that we see from landlords.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Despite all these barriers, Kemanie and his family \u003c/span>\u003cspan style=\"font-weight: 400\">were \u003c/span>\u003cspan style=\"font-weight: 400\">able to find a place to live. \u003c/span>\u003cspan style=\"font-weight: 400\">They’ve been at their current home for three and a half years now. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And in the world of Section 8, it’s kind of a unicorn. \u003c/span>\u003cspan style=\"font-weight: 400\">It’s a single-family home on a quiet cul-de-sac in Novato, a wealthy suburb north of San Francisco. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">This is literally everything we could ask for. This is — we’re so incredibly happy here right now in the place that we have. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: It’s got three bedrooms, a two-car garage, and a big, tree-lined backyard.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">There are parks nearby and great schools for their kids. And, they feel safe here. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">Safety at school, safety coming home from school, you know, safety on the weekends, playing with their friends, you know, all of that.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Only \u003c/span>\u003ca href=\"https://www.cbpp.org/research/housing/where-families-with-children-use-housing-vouchers\">\u003cspan style=\"font-weight: 400\">14% of voucher holders\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> live in affluent neighborhoods like this. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Kemanie and his wife know just how rare it is. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> It’s like we’re living in a dream that we know are about to wake up from. We know at some point someone’s going to shake us and be like, “Hey, wake up.”\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> That wake-up call could come in just a few months.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Their landlord told them they’re thinking about selling. And their current lease lasts only until September. \u003c/span>\u003cspan style=\"font-weight: 400\">After that, there are no guarantees.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">It’s all up in the air. Everything’s very unsettled for us. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> When that time comes, they’ll have to find another landlord willing to take them. \u003c/span>\u003cspan style=\"font-weight: 400\">They know from experience it won’t be easy. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">To make the system better for tenants, we need to get more landlords on board. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We’ll tell you how, coming up.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908149\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11908149\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A ‘Welcome’ sign hangs by the door to the home Kemanie shares with his family in Novato. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>ERIN\u003c/strong>: When the Pruitt-Igoe public housing development in St. Louis, Missouri, opened in 1954, \u003c/span>\u003ca href=\"https://www.youtube.com/watch?v=1_zFIg8N9Rw\">\u003cspan style=\"font-weight: 400\">it was celebrated\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> as a marvel of modern architecture: 33 towers, each 11 stories tall. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.youtube.com/watch?v=1_zFIg8N9Rw\">\u003cb>\u003cem>COMMERCIAL FOR PRUITT-IGOE HOUSING DEVELOPMENT\u003c/em>\u003c/b>\u003c/a>:\u003cspan style=\"font-weight: 400\"> With indoor plumbing, electric lights, fresh-plastered walls and the rest of the conveniences that are expected in the 20th century. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Music in)\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> But just a decade later, it was falling apart and had become a symbol of government mismanagement and neglect, drawing national attention for its horrible living conditions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Take \u003c/span>\u003ca href=\"https://www.youtube.com/watch?v=t-cfjqh1sSY&t=23s\">\u003cspan style=\"font-weight: 400\">this newscast\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, from 1968: \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.youtube.com/watch?v=t-cfjqh1sSY&t=23s\">\u003cb>\u003cem>KMOX NEWS REPORT\u003c/em>\u003c/b>\u003c/a>: \u003cspan style=\"font-weight: 400\">When the temperatures dropped below freezing this week, water lines in several of the Pruitt-Igoe apartment buildings broke and the subsequent flow of water turned into ice. At 2311 Dixon, a sewer line is broken, and now raw sewage bubbles out of the ground like a malevolent spring. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>ERIN\u003c/strong>: On \u003c/span>\u003ca href=\"https://www.greyscape.com/modernism-was-framed-the-truth-about-pruitt-igoe/\">\u003cspan style=\"font-weight: 400\">March 16, 1972\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, the first of its 33 towers was demolished. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Sounds: A building is being demolished; Pruitt-Igoe implodes.)\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.youtube.com/watch?v=738WpY2_JV8\">\u003cb>PRUITT-IGOE IMPLOSION\u003c/b>\u003c/a>\u003c/em>: \u003cspan style=\"font-weight: 400\"> Not only St. Louis, but the rest of the nation is viewing with great interest the results of this experiment.\u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Music out)\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> President Richard Nixon saw the growing frustration with public housing failures like Pruitt-Igoe. And so he took a turn towards the private market instead. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Two years after that demolition, Nixon introduced Section 8. \u003c/span>\u003cspan style=\"font-weight: 400\">Again, here’s Georgetown University professor Eva Rosen.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">You’re not having to build public housing, you’re not having to maintain or renovate a public housing stock. And so it is this sort of very, in theory, economically efficient tool.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Under Nixon, Section 8 was just a pilot program.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But by the 1990s, the stage was set for it to grow. Public housing had gotten a real bad rap, and that’s when President Bill Clinton really ramped up Section 8.\u003c/span>\u003c/p>\n\u003cp>\u003cb>PRESIDENT BILL CLINTON\u003c/b>: \u003cspan style=\"font-weight: 400\">Today I had the honor of signing the budget for programs to help the homeless to give housing vouchers to empower the poor.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> His administration changed the name from Section 8 to \u003c/span>\u003ca href=\"https://www.hud.gov/program_offices/public_indian_housing/phr/about\">\u003cspan style=\"font-weight: 400\">Housing Choice Vouchers\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">And actually in the title, you can very much notice this emphasis on choice.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cb>MOLLY\u003c/b>: Eva says that reflects one of the goals for the program. \u003c/span>\u003c/p>\n\u003cp>The hope was that people could use their vouchers to move to more affluent neighborhoods. Neighborhoods with more resources, better schools and more jobs.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>ERIN\u003c/strong>: Public housing had become extremely segregated. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">By 1989, \u003c/span>\u003ca href=\"https://www.huduser.gov/portal//Publications/pdf/HUD-5961.pdf\">\u003cspan style=\"font-weight: 400\">nearly 70% of the households \u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">of the residents were people of color. Mostly women-led, Black and Latinx households.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And most of the housing developments were also in segregated and impoverished neighborhoods. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">And that was causing all kinds of problems. And it was leaving public housing residents with very little choice about where they ended up.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: \u003c/span>\u003cspan style=\"font-weight: 400\">But Eva says the program hasn’t lived up to its promise of giving voucher holders a real choice of where to live. \u003c/span>\u003cspan style=\"font-weight: 400\">And a lot of that comes down to landlords: when \u003c/span>\u003cspan style=\"font-weight: 400\">they \u003c/span>\u003cspan style=\"font-weight: 400\">choose to participate, and why.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">When we introduced these private landlords into this system, we sort of just assumed that they would play along, that they would want to participate. \u003c/span>\u003cspan style=\"font-weight: 400\">And that tends not always to be the case.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">For \u003c/span>\u003cspan style=\"font-weight: 400\">some \u003c/span>\u003cspan style=\"font-weight: 400\">landlords, Section 8 works really well.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Eugene Zinchik and his brother own a real estate and property management company in San Francisco. \u003c/span>\u003cspan style=\"font-weight: 400\">And he’s been renting to voucher holders for about six or seven years now.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b> \u003cstrong>ZINCHIK\u003c/strong>: \u003cspan style=\"font-weight: 400\">There’s more stability in knowing that your rent checks are going to be coming, you know, whatever it is that happens. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">During the pandemic, most of Eugene’s Section 8 tenants stayed put, and their rent checks kept flowing in. But a lot of his tenants who didn’t have vouchers — they left.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even without the coronavirus, Eugene says voucher holders just stick around longer. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">There’s less turnover for a landlord. If there’s less turnover, there’s no rent that they’re losing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: But Eugene says the\u003c/span>\u003cspan style=\"font-weight: 400\"> real \u003c/span>\u003cspan style=\"font-weight: 400\">benefit\u003c/span>\u003cspan style=\"font-weight: 400\"> to landlords \u003ca href=\"https://www.huduser.gov/portal/sites/default/files/pdf/Urban-Landlords-HCV-Program.pdf\">depends a lot on where the property is\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He points to a new building he’s managing in San Francisco’s Bayview neighborhood. Even though he hasn’t found a tenant yet, Eugene already knows it’ll be someone on Section 8. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>:\u003cspan style=\"font-weight: 400\"> Part of San Francisco is extremely, extremely expensive. Bayview is still semi-affordable for maybe, still, for a blue-collar family. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: He says r\u003cspan style=\"font-weight: 400\">ents here are about $1,000 lower than in other parts of the city. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But landlords can actually \u003c/span>\u003ca href=\"https://scholar.harvard.edu/files/mdesmond/files/desmondperkins.cc_.2016.pdf\">\u003cspan style=\"font-weight: 400\">charge a Section 8 \u003c/span>\u003cspan style=\"font-weight: 400\">more\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> than they would with someone without a voucher.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">That’s because when the government decides how much it’s willing to pay for each voucher, it doesn’t vary the amounts by neighborhood. It sets one standard for the whole city.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So it’s a pretty good deal for landlords in places like Bayview.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">So in Bayview, in my experience, the amounts that Section 8 pays are pretty much competitive.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But landlords in high-rent places could actually \u003c/span>\u003cspan style=\"font-weight: 400\">lose \u003c/span>\u003cspan style=\"font-weight: 400\">money. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">In at least half the neighborhoods in San Francisco, Section 8 what they pay per unit is just not compatible with the market rent.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>ERIN\u003c/strong>: Eva says those incentives have created an unintended consequence: Most Section 8 tenants are trapped in low-income neighborhoods.\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">And this is where you start to understand how the program, which was designed and very much hoped to provide tenants choice, actually creates sort of an opposite scenario where they’re being pushed away from the kind of neighborhoods that they might want to end up in and forced into neighborhoods that they don’t necessarily want to be in.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Eugene says even when landlords \u003c/span>\u003cspan style=\"font-weight: 400\">want \u003c/span>\u003cspan style=\"font-weight: 400\">to rent to a voucher holder, it’s not that easy. \u003c/span>\u003cspan style=\"font-weight: 400\">You have to jump through a lot of hoops. \u003c/span>\u003cspan style=\"font-weight: 400\">What kind of hoops? Well, let’s take a look.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">First, there are the forms. For both tenants and landlords. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">You know, forms could be scary if you’ve never seen this form before.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: Let’s say you do fill them out correctly. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>:\u003cspan style=\"font-weight: 400\"> For about two weeks, you probably hear nothing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">Then, hopefully, you get a call for an inspection. The housing authority needs to make sure these buildings are up to code. \u003c/span>\u003cspan style=\"font-weight: 400\">For that, you’ll need to take the day off work. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">A lot of times you get a four-hour window for the inspector to come in.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> And if you have any questions, don’t try to get anyone on the phone. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">Just talking to somebody, you’d be waiting on hold for an hour.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">Eugene says it’s like dealing with the DMV.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">You know, we’ve all been there, but you know, we don’t really want to do that unless we have to.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">The federal Department of Housing and Urban Development held \u003c/span>\u003ca href=\"https://www.hud.gov/sites/dfiles/PIH/documents/ListeningForumsPublicSummary012320.pdf\">\u003cspan style=\"font-weight: 400\">listening sessions\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> with property owners across the country back in 2018. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Most of the sessions were taken up by complaints. Eighty-two\u003c/span>\u003cspan style=\"font-weight: 400\"> percent said they had bad experiences dealing with their local housing authority. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">One of their biggest issues: how long it takes to sign up a new tenant. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The whole process can take a month or two — time spent without collecting rent. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">For a landlord to just sit and wait for that tenant is not, is not reasonable, especially if it’s an individual like a mom-and-pop type of shop.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">So how do we improve Section 8? \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For tenants to have more choice — you know, the original goal of the program — you need more landlords with properties in more neighborhoods. Here’s Eva Rosen: \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">When we think about landlord participation, I think we need to think about carrots and sticks.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">That means tougher laws to prevent landlords from discriminating against Section 8 tenants. And better enforcement. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">That’s sort of like a stick, right? It’s a slap on the wrist. It’s a no, you’re not allowed to do this.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> And, then there’s the carrot: more voucher money for properties in wealthier neighborhoods. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s something the federal government is already trying. They’re basing the rent on the ZIP code, instead of one standard for the whole city.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">Because there’s no way a landlord is going to participate in the program if they’re getting less rent than they would get from a market tenant, right?\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">An early test of the program \u003c/span>\u003ca href=\"https://www.huduser.gov/portal/sites/default/files/pdf/SAFMR-Interim-Report.pdf\">\u003cspan style=\"font-weight: 400\">showed it worked\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. More landlords in affluent areas opened their doors to Section 8.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But in a few cities, there was a downside, too. Some landlords in low-income neighborhoods stopped renting to voucher holders. That led to a drop in the number of homes available there. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Still, the results were still promising enough that they’ve expanded it to \u003c/span>\u003ca href=\"https://www.cbpp.org/research/housing/a-guide-to-small-area-fair-market-rents-safmrs\">\u003cspan style=\"font-weight: 400\">two dozen cities\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> across the country.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908157\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11908157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Eugene Zinchik poses inside a property he manages in San Francisco’s Bayview neighborhood. \u003ccite>(Erin Baldassari/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Another way to recruit more landlords? Cut the red tape. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">Give those individuals that have the voucher more say of what they’re able to do. \u003c/span>\u003cspan style=\"font-weight: 400\">Give the power to that individual to sign on their own behalf to take the place or not take the place.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">After all, Section 8 was supposed to be about choice. \u003c/span>\u003cspan style=\"font-weight: 400\">So, Eugene says, let people make their own. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Coming up: A different solution that \u003c/span>\u003cspan style=\"font-weight: 400\">is \u003c/span>\u003cspan style=\"font-weight: 400\">all about choice. And cold, hard cash. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> When the coronavirus hit — and the economy shut down — one thing was clear: People needed cash. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And the federal government stepped in. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.youtube.com/watch?v=NzMNV2qH2IA\">\u003cb>WCNC\u003c/b>\u003c/a>\u003c/em>: \u003cspan style=\"font-weight: 400\">Stimulus checks are rolling in for millions of Americans today. About 80 million people are expected to receive their payments today.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.youtube.com/watch?v=NhyfKmBfRi8\">\u003cem>\u003cb>NBC\u003c/b>\u003c/em>\u003c/a>: \u003cspan style=\"font-weight: 400\">Well, these direct payments are what everyone is talking about because 90% of American households should be getting some money. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Before the pandemic, the idea of giving out free money in this country was kind of a hard sell. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/nataliefoster?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor\">Natalie Foster\u003c/a> is the president and co-founder of the Economic Security Project. \u003c/span>\u003c/p>\n\u003cp>\u003cb>NATALIE FOSTER\u003c/b>: \u003cspan style=\"font-weight: 400\">Then the pandemic hit and it became clear that cash was the currency of urgency.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">And it wasn’t just stimulus checks. \u003c/span>\u003c/p>\n\u003cp>\u003cb>NATALIE\u003c/b>: \u003cspan style=\"font-weight: 400\">Pandemic unemployment insurance was important for supporting people in the midst of job loss, expanding tax credits like the earned income tax credit and the child tax credit. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These were all things that the government did.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">For a lot of families, that extra money was a lifeline. \u003c/span>\u003cspan style=\"font-weight: 400\">Despite a recession and a global pandemic, poverty in this country actually \u003c/span>\u003cspan style=\"font-weight: 400\">decreased\u003c/span>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cb>NATALIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We saw a decrease in poverty, and that is because the government realized that poverty is a policy choice and we could make different choices. And so the politics of the moment allowed for us to make a different choice.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">We also made a choice to keep more people housed, with eviction moratoriums and rent relief. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For progressives and others, those pandemic-era programs were a golden opportunity t\u003c/span>\u003cspan style=\"font-weight: 400\">o tackle poverty and housing insecurity on a grand scale. \u003c/span>\u003cspan style=\"font-weight: 400\">And test an idea that’s been gaining steam over the past couple years. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cb>NEWS CLIPS\u003c/b>\u003c/em>: It’s an idea known as guaranteed basic income.\u003c/p>\n\u003cp>A monthly, no-strings-attached cash payment given directly to individuals.\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">A guaranteed income. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>\u003cspan style=\"font-weight: 400\">: Basically, if you want to solve poverty, give people money. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Here’s how it would work: The money would come from the federal government, ideally in the form of a regular, monthly payment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The amount wouldn’t make you rich, but it could help pay for your housing, your food or whatever else you need. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: F\u003cspan style=\"font-weight: 400\">or all the excitement around guaranteed income today, it’s not actually a new idea. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Thomas Paine argued for it way back in the 18th century. \u003c/span>\u003cspan style=\"font-weight: 400\">And over the years, its supporters have come from all over the political spectrum.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">From the Black Panthers, to President Richard Nixon. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cb>RECORDING OF PRESIDENT RICHARD NIXON DISCUSSING GUARANTEED INCOME\u003c/b>\u003c/em>: \u003cspan style=\"font-weight: 400\">What I am proposing is that the federal government build a foundation under the income of every American family with dependent children that cannot care for itself.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">From libertarian economist Milton Friedman to civil rights leader Martin Luther King Jr. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It seems to me that the civil rights movement must now begin to organize for the guaranteed annual income, begin to organize people all over our country and mobilize forces, so that we can bring to the attention of our nation, this need and this something which I believe will go a long, long way toward dealing with the Negros’ economic problem and the economic problem with many other poor people confronting our nation.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Alaska’s been doing this \u003c/span>\u003ca href=\"https://pfd.alaska.gov/Division-Info/historical-timeline\">\u003cspan style=\"font-weight: 400\">since the 1980s\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, paying out oil dividends to all its residents — on average, about $1,600 a year. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But more recently, about 90 guaranteed-income experiments have popped up across the country. Most were inspired by one city: Stockton, California.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL TUBBS\u003c/b>:\u003cspan style=\"font-weight: 400\"> Hello, my name is \u003ca href=\"https://twitter.com/MichaelDTubbs?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor\">Michael Tubbs\u003c/a>. I am the former mayor of the city of Stockton, California. I’m the founder of \u003ca href=\"https://www.mayorsforagi.org/\">Mayors for a Guaranteed Income\u003c/a> and of \u003ca href=\"https://calmatters.org/california-divide/2022/02/former-stockton-mayor-launches-nonprofit-to-end-poverty-in-california/\">End Poverty in California.\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Michael led Stockton’s guaranteed-income program back in 2019. He says a lot of the issues that came across his desk all came back to the same thing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Issues of poverty and lack and pervasive poverty and generational poverty.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Stockton was the \u003c/span>\u003ca href=\"https://www.theguardian.com/business/2008/jul/28/subprimecrisis.useconomy\">\u003cspan style=\"font-weight: 400\">foreclosure capital\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> of the country during the Great Recession. It \u003c/span>\u003ca href=\"https://www.reuters.com/article/us-stockton-bankruptcy/stockton-california-files-for-bankruptcy-idUSBRE85S05120120629\">\u003cspan style=\"font-weight: 400\">declared bankruptcy\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> in 2012. And today, \u003c/span>\u003ca href=\"https://www.stocktondemonstration.org/about-seed\">\u003cspan style=\"font-weight: 400\">about a quarter\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> of its population lives below the poverty line. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Michael wanted to bring a guaranteed income to Stockton because the old way of addressing poverty wasn’t working. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The programs we have now — like welfare or food stamps or housing vouchers — they have a lot of rules and regulations. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11882364\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11882364\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Michael Tubbs, former mayor of Stockton, is seen at his office in Stockton on Feb. 7, 2020. As mayor, with the help of the Stockton Economic Empowerment Demonstration, he implemented an 18-month trial of universal basic income for 125 residents of his city. The concept has recently been gaining ground. \u003ccite>(Nick Otto/AFP via Getty Images))\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">When you’re on welfare, you have to spend so much time being with case managers, filling out forms, doing this, doing that, which robs you of the ability to do all the other things you need to do. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Guaranteed-income programs don’t require all that micromanagement, which frees up people’s time. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And, they have another benefit: You can spend the money however you need. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Whether it’s on new tires, a transmission, a new washer and dryer, school clothes, a wedding, going to visit your parents you haven’t seen in a while.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> When people in Stockton were given the choice of how to use the $500 they got each month, they tended to spend it on food and other essentials.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Some also used it to help pay for housing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">They were able to sort of save up for a down payment to move to safer living conditions. Or some people use it to cope with sort of small rises in rent that occur: $50 here or $100 here, $125 here. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Researchers in Stockton didn’t look specifically at the impact of a guaranteed income on evictions. But the small stipend could help. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.nytimes.com/2019/12/12/upshot/eviction-prevention-solutions-government.html\">\u003cspan style=\"font-weight: 400\">Most people get evicted for $600 or less\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, according to a New York Times analysis. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Just knowing you have enough money to get to the end of the month also goes a long way for your mental health.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Folks who received the guaranteed income went from elevated levels of stress to regular levels of stress. And that just was like, wow, like money really sort of affects health and mental health and well-being and how we show up in the world. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> But probably one of the biggest findings from Stockton: \u003c/span>\u003cspan style=\"font-weight: 400\">It challenged a widely held criticism of guaranteed income, that it would cause people to stop working. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The money actually had the opposite effect. \u003c/span>\u003ca href=\"https://www.stocktondemonstration.org/employment\">\u003cspan style=\"font-weight: 400\">People worked \u003c/span>\u003cspan style=\"font-weight: 400\">more.\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">About \u003c/span>\u003ca href=\"https://www.stocktondemonstration.org/employment\">\u003cspan style=\"font-weight: 400\">12% went from part-time to full-time work\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. That’s more than double the control group. And participants were less likely to be unemployed. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">And I wasn’t surprised, but I’m glad the data validated this belief that that $500 was not going to make anyone stop working, that people still worked.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Michael says that’s because it wasn’t enough to live on. But it gave people some breathing room. It allowed them to quit one of their part-time jobs and look for full-time work.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Or go back to school to change careers. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">It allowed people the chance to live. And live a life, and live a life beyond just going through the motions and working and going to sleep and working, going to sleep. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Still, critics say you shouldn’t draw too many conclusions from one small pilot program — with only 125 participants. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Rolling out a guaranteed income nationally could have a much bigger impact on the economy. And many worry that all that extra cash would only cause prices to rise, setting off higher inflation. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">Guaranteed income also does nothing to solve a larger problem. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The thing we \u003ca href=\"https://www.bls.gov/news.release/cesan.nr0.htm#:~:text=%2D%2DHousing%20expenditures%20increased%203.5,dwellings%20were%20down%200.5%20percent.\">spend the most money on is housing\u003c/a>. And that just keeps going up. Taking a \u003c/span>\u003ca href=\"https://www.cnbc.com/2021/11/10/home-prices-are-now-rising-much-faster-than-incomes-studies-show.html\">\u003cspan style=\"font-weight: 400\">bigger and bigger piece\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> out of our paychecks.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Guaranteed income is great, but we don’t want all that money to be spent on housing because people have other needs, right? So I think a guaranteed income is a powerful tool. But like any toolbox, you need more than one tool to really get the job done. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Guaranteed income can’t solve poverty on its own. But Michael says it’s a good place to start if we want to solve other big problems, like evictions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Evictions perpetuate inequality, a\u003c/span>\u003cspan style=\"font-weight: 400\">nd they push more people into poverty. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> When you’re evicted, you lose your neighborhood, your school, your support network. \u003c/span>\u003cspan style=\"font-weight: 400\">You can be trapped in a cycle of debt, even become homeless. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But the solutions are within our reach, and people are already pushing for them. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Activists in Fresno are fighting for a fair shot in court. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Tenants in Antioch are demanding more protection against rising rents. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And women like \u003ca href=\"https://www.kqed.org/news/11905386/why-black-women-are-more-likely-to-face-eviction\">Jean [Kendrick, from Episode 2]\u003c/a> are sharing their stories and calling attention to inequities we can’t unsee. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Evictions reflect our housing system: who reaps the profit and who suffers the pain.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But we have an opportunity to make the system more fair, to invest in people’s success, not just for a few, but for all. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The question is, will we take it? \u003c/span>\u003cspan style=\"font-weight: 400\">I’m Erin Baldassari.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">And I’m Molly Solomon. Thank you so much for listening to Sold Out: Rethinking Housing in America. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If you like what you hear, please leave us a review on Apple Podcasts — and share it with a friend!\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> We’ve got one more thing that we’re working on. It’s a bonus episode full of stories from you. That’ll drop in a few weeks, so stay tuned. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Sold Out is a production of KQED. This episode was written and reported by us: Molly Solomon and Erin Baldassari.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Adhiti Bandlamudi produced this episode. Kyana Moghadam is our senior producer. Brendan Willard is our sound engineer. And Rob Speight wrote our theme song.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Natalia Aldana is our senior engagement producer and Gerald Fermin is our engagement intern.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Thank you to our editor, Erika Kelly. Additional editing from Jessica Placzek and Otis Taylor Jr.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We couldn’t have made this season without Ethan Toven-Lindsey, Holly Kernan, Erika Aguilar and Vinnee Tong. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Thank you for listening! \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Let us know what you think of the show by \u003ca href=\"https://survey.alchemer.com/s3/6755022/f959eb5782fc\" target=\"_blank\" rel=\"noopener noreferrer\">taking a quick survey\u003c/a>\u003c/strong>.\u003c/p>\n\n","blocks":[],"excerpt":"To many renters, a Section 8 housing voucher is seen as a \"golden ticket,\" a federal subsidy that ensures only 30% of their income goes to rent. But actually using it is a struggle. We talk to renters and landlords about why.","status":"publish","parent":0,"modified":1700529713,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":266,"wordCount":5725},"headData":{"title":"Reknitting the Safety Net: Help Pay the Rent | KQED","description":"To many renters, a Section 8 housing voucher is seen as a "golden ticket," a federal subsidy that ensures only 30% of their income goes to rent. But actually using it is a struggle. We talk to renters and landlords about why.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Reknitting the Safety Net: Help Pay the Rent","datePublished":"2022-03-14T15:54:09.000Z","dateModified":"2023-11-21T01:21:53.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"SOLD OUT","sourceUrl":"https://www.kqed.org/podcasts/soldout","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC1525875908.mp3","excludeFromSiteSearch":"Include","path":"/news/11907727/reknitting-the-safety-net-help-pay-the-rent","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">Falling behind on rent is the primary reason that people are evicted. So how do you keep people from falling behind in the first place? Help them pay their rent. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In this final episode of the season, we’ll look at the promise, the problems and the history of Section 8, as well as the push for guaranteed income.\u003c/span>\u003c/p>\n\u003ch5 id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC1525875908&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/h5>\n\u003chr>\n\u003cp>\u003cb>THE RENT EATS FIRST [TRANSCRIPT]\u003c/b>\u003c/p>\n\u003cp>\u003cb>ERIN BALDASSARI, HOST\u003c/b>:\u003cspan style=\"font-weight: 400\"> Kemanie and his wife were like a lot of young couples just starting out. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was the early 2000s. He had recently started his career as a carpenter. She was a teacher. They were both in their mid-20s.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But even with two incomes, they could barely make ends meet. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We were living in a, like, a small, tiny little one-bedroom apartment with roaches, like basically a little small ghetto.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Then their son was born. His wife stopped working to take care of him. And their budget got even tighter. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And things was hard, but we started falling behind on rent.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">How far behind were you on rent at that time?\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> I was $4,000 behind on rent at the time.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY SOLOMON, HOST\u003c/b>:\u003cspan style=\"font-weight: 400\"> They were living where they both grew up in Marin County, just across the Golden Gate Bridge from San Francisco.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">At that point in time there was no way for us to survive in Marin County.\u003c/span>\u003cb> \u003c/b>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">It didn’t help that it’s one of the \u003c/span>\u003ca href=\"https://www.california.com/the-most-expensive-counties-in-the-us/\">\u003cspan style=\"font-weight: 400\">wealthiest counties in the country\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. Or that their landlord was planning on selling the apartment they were renting.\u003c/span>\u003c/p>\n\u003cp>They couldn’t figure out how they were going to pay the back rent and still have money for a deposit to move somewhere new.\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We would have been homeless\u003c/span>. You know, it would have been really bad.\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> They thought about moving in with one of their parents or leaving Marin County altogether. Then, they got some good news. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">So we got it, we were out doing something — running an errand — and on the way back, my wife got the email.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> They got what some have called a “golden ticket” — a Section 8 housing voucher.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Section 8 is a federal program that helps low-income people afford rent on the private market.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Kemanie and his wife had put in their application nearly \u003c/span>\u003cspan style=\"font-weight: 400\">a decade\u003c/span>\u003cspan style=\"font-weight: 400\"> ago. And they’d been stuck on a waiting list that never seemed to budge. When they finally got the news, it was like winning the lottery. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We both looked at each other. And was, like, yes. I mean, it was like perfect timing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> It was a huge opportunity for them. With Section 8, they would only have to pay 30% of their income towards rent. \u003c/span>\u003c/p>\n\u003cp>\u003cstrong>KEMANIE\u003c/strong>: \u003cspan style=\"font-weight: 400\">It was an epiphany for us because it was like, life can go on now, like we — there’s a path forward. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> They wouldn’t fall behind on bills. And they’d have a chance to catch up. They’d have some room to breathe. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: So, they started looking for a new place to live. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And we searched and searched and searched, and went and visited and talked to people, and knowing that we had the housing voucher, we thought it was going to be easier because it was a guarantee. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: A guarantee because most of the rent money comes from the federal government. It’s usually deposited straight into the landlord’s bank account.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And we found out that it was more of a hindrance than anything. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Sold Out theme song begins.)\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: It’s what most Section 8 tenants discover — the voucher is not only hard to get, it’s hard to use.\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> These problems aren’t new. And neither is Section 8. But over the past half century, it’s become the No. 1 way we subsidize rent in this country.\u003c/span>\u003c/p>\n\u003cp>As rents climb higher, advocates say we need to fix the problems with Section 8 and expand it. To make it work for more people.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I’m Molly Solomon.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> And I’m Erin Baldassari. From KQED, this is Sold Out: Rethinking Housing in America. \u003c/span>\u003c/p>\n\u003cp>Today, the final chapter in our series on evictions.\u003c/p>\n\u003cp>How to keep people from getting evicted? Help pay the rent.\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Sold Out theme song ends.)\u003c/span>\u003c/em>\u003c/p>\n\u003cfigure id=\"attachment_11908148\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11908148\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54286_009_KQED_Kemanie_03112022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Kemanie holds the keys to his Novato home. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Kemanie and his wife have had a housing voucher for nearly two decades now. And anytime they’ve had to move, it’s always the same thing. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">They apply to dozens of places, visit a ton of apartments and get the same answers.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And every single time it was like, no, nope, no, no.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> It didn’t seem to matter that they had good references from past landlords, even letters from neighbors. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">As soon as Section 8 comes up, you see like a glaze go over their eyes like, OK, I got to deal with this conversation and move on to the next person.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Some landlords told them point-blank they wouldn’t accept Section 8, even though that’s illegal in California and a handful of other states. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Those laws are hard to enforce, though. And landlords find all sorts of ways of getting around them — like requiring a credit score of 700 or above.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">You know, it was kind of, smile in our face, “Oh, yeah, but your credit score is low.” But the bottom line is most people are on Section 8 because they’re having issues financially and their credit is not very good.\u003c/span>\u003cb> \u003c/b>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Or, landlords would ask them to have an income that’s at least three times the rent.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">It’s like, if I make three times the monthly amount, I’m buying my own place. P\u003c/span>\u003cspan style=\"font-weight: 400\">eriod, that’s it.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Other times there was an online application, but no box to check to say they had Section 8. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> Right? And you don’t even get to talk to anybody or even see anybody or state your case. And it doesn’t say you have Section 8 on the app, so you can’t fill that out. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Usually, though, they just never heard back. There was no explanation at all.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> So, Kemanie and his wife tried harder. They wrote cover letters. And organized all their references and documentation into nice, neat little folders.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We would put a little picture, a nice little cute picture of our Black family for people to accept and like and maybe, you know, feel sorry for us.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> It was frustrating and stressful. \u003c/span>\u003cspan style=\"font-weight: 400\">To Kemanie, it felt racist.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">And it really felt like redlining. Is, that’s how I felt about it, because they’re just like, no, you know.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Racial discrimination can be hard to prove, but a recent audit found it’s a pervasive problem.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Fair Housing Advocates of Northern California conducted paired tests of white and Black renters. \u003c/span>\u003cspan style=\"font-weight: 400\">And found that \u003c/span>\u003ca href=\"https://www.scribd.com/document/398920895/raceaudit2016-17?secret_password=A5Sg4qdij47q2erNlj3X#fullscreen&from_embed\">\u003cspan style=\"font-weight: 400\">nearly 70% of the time\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, landlords in the county where Kemanie lives refused to rent to Black tenants, or used more subtle behaviors, like leaving someone on hold for hours, never calling back or steering Black applicants away from certain neighborhoods. \u003ca href=\"https://www.scribd.com/document/504967414/no-and-soi-audit-2019-20-report?secret_password=wY0jrrhNpcBCBhEVm0zi#download&from_embed\">More than half the time\u003c/a>, landlords did the same for voucher holders.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> To Kemanie, this was not news. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He and his wife had lived their whole lives in Marin County — a community where more than 70% of the residents are white, and where the average household makes over $115,000 a year. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> It’s hard to explain it to other people. We’re Black in America. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Every day, especially also for me, being a Black man and being very intimidating to a lot of people. Every single day, when I meet somebody, I got to put a smile on my face to like, look, I’m not threatening.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Holding a Section 8 voucher in his hands worsens the daily strain of trying to find acceptance. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> And it felt like that times 10, because this time we’re looking for everyone’s approval and it’s — we’re trying to dress us up as the best we can to get accepted by people that we know maybe aren’t racist, but just aren’t as inclined to want us to be there. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">That was very, very, very hard. And that was, I think, probably the most defeating part of the whole thing for us.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>MOLLY\u003c/strong>: This discrimination is why we aren’t using Kemanie’s full name. Or his wife’s name.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The experience of looking for a place to live has been so traumatic, they’re afraid to do anything that might hurt their chances of finding a home the next time they have to start looking. \u003c/span>\u003cspan style=\"font-weight: 400\">Their struggles with Section 8 highlight two of the program’s biggest failures.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Only \u003c/span>\u003ca href=\"https://www.urban.org/sites/default/files/publication/94146/trends-in-housing-problems-and-federal-housing-assistance.pdf\">\u003cspan style=\"font-weight: 400\">1 in 5\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> who qualify for rental assistance actually receives it. Meaning most people are stuck on waitlists for years — \u003c/span>\u003ca href=\"https://www.cbpp.org/research/housing/long-waitlists-for-housing-vouchers-show-pressing-unmet-need-for-assistance\">\u003cspan style=\"font-weight: 400\">even decades\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And when people do get off those waitlists, \u003c/span>\u003ca href=\"https://www.huduser.gov/portal/publications/pdf/sec8success_1.pdf\">\u003cspan style=\"font-weight: 400\">roughly a third\u003c/span>\u003c/a> \u003cspan style=\"font-weight: 400\">lose \u003c/span>\u003cspan style=\"font-weight: 400\">their vouchers because they can’t find any landlord willing to take them. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> That’s partly because there’s an unfair stigma around Section 8, even if it isn’t backed up by evidence. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/eva_rosen?lang=en\">Eva Rosen\u003c/a> is an assistant professor at Georgetown University, and she \u003c/span>\u003ca href=\"https://press.princeton.edu/books/hardcover/9780691172569/the-voucher-promise\">\u003cspan style=\"font-weight: 400\">wrote a book on Section 8\u003c/span>\u003c/a>\u003ci>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA ROSEN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Landlords sometimes don’t want to rent to big families. They often worry that voucher-holders might be more likely to do damage to the home \u003c/span>\u003cspan style=\"font-weight: 400\">or that they might be noisier tenants. \u003c/span>\u003cspan style=\"font-weight: 400\">And again, none of this is really backed up by any kind of data, but the stigma itself is very real.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">This unfair stigma is made worse when you add in racism — the kind that Kemanie and his family felt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Nationally, \u003c/span>\u003ca href=\"https://www.huduser.gov/portal/datasets/assthsg.html#2009-2021_query\">\u003cspan style=\"font-weight: 400\">about two-thirds of voucher holders\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> are people of color.\u003c/span>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>:\u003cspan style=\"font-weight: 400\"> In my research with landlords, they say things like, well, I couldn’t rent to a Black person in this neighborhood because all of my other tenants are white and they would not like that.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">I think racism is a big part of the reticence that we see from landlords.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Despite all these barriers, Kemanie and his family \u003c/span>\u003cspan style=\"font-weight: 400\">were \u003c/span>\u003cspan style=\"font-weight: 400\">able to find a place to live. \u003c/span>\u003cspan style=\"font-weight: 400\">They’ve been at their current home for three and a half years now. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And in the world of Section 8, it’s kind of a unicorn. \u003c/span>\u003cspan style=\"font-weight: 400\">It’s a single-family home on a quiet cul-de-sac in Novato, a wealthy suburb north of San Francisco. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">This is literally everything we could ask for. This is — we’re so incredibly happy here right now in the place that we have. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: It’s got three bedrooms, a two-car garage, and a big, tree-lined backyard.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">There are parks nearby and great schools for their kids. And, they feel safe here. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">Safety at school, safety coming home from school, you know, safety on the weekends, playing with their friends, you know, all of that.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Only \u003c/span>\u003ca href=\"https://www.cbpp.org/research/housing/where-families-with-children-use-housing-vouchers\">\u003cspan style=\"font-weight: 400\">14% of voucher holders\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> live in affluent neighborhoods like this. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Kemanie and his wife know just how rare it is. \u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>:\u003cspan style=\"font-weight: 400\"> It’s like we’re living in a dream that we know are about to wake up from. We know at some point someone’s going to shake us and be like, “Hey, wake up.”\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> That wake-up call could come in just a few months.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Their landlord told them they’re thinking about selling. And their current lease lasts only until September. \u003c/span>\u003cspan style=\"font-weight: 400\">After that, there are no guarantees.\u003c/span>\u003c/p>\n\u003cp>\u003cb>KEMANIE\u003c/b>: \u003cspan style=\"font-weight: 400\">It’s all up in the air. Everything’s very unsettled for us. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> When that time comes, they’ll have to find another landlord willing to take them. \u003c/span>\u003cspan style=\"font-weight: 400\">They know from experience it won’t be easy. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">To make the system better for tenants, we need to get more landlords on board. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We’ll tell you how, coming up.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908149\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11908149\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS54283_006_KQED_Kemanie_03112022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A ‘Welcome’ sign hangs by the door to the home Kemanie shares with his family in Novato. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>ERIN\u003c/strong>: When the Pruitt-Igoe public housing development in St. Louis, Missouri, opened in 1954, \u003c/span>\u003ca href=\"https://www.youtube.com/watch?v=1_zFIg8N9Rw\">\u003cspan style=\"font-weight: 400\">it was celebrated\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> as a marvel of modern architecture: 33 towers, each 11 stories tall. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.youtube.com/watch?v=1_zFIg8N9Rw\">\u003cb>\u003cem>COMMERCIAL FOR PRUITT-IGOE HOUSING DEVELOPMENT\u003c/em>\u003c/b>\u003c/a>:\u003cspan style=\"font-weight: 400\"> With indoor plumbing, electric lights, fresh-plastered walls and the rest of the conveniences that are expected in the 20th century. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Music in)\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> But just a decade later, it was falling apart and had become a symbol of government mismanagement and neglect, drawing national attention for its horrible living conditions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Take \u003c/span>\u003ca href=\"https://www.youtube.com/watch?v=t-cfjqh1sSY&t=23s\">\u003cspan style=\"font-weight: 400\">this newscast\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, from 1968: \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.youtube.com/watch?v=t-cfjqh1sSY&t=23s\">\u003cb>\u003cem>KMOX NEWS REPORT\u003c/em>\u003c/b>\u003c/a>: \u003cspan style=\"font-weight: 400\">When the temperatures dropped below freezing this week, water lines in several of the Pruitt-Igoe apartment buildings broke and the subsequent flow of water turned into ice. At 2311 Dixon, a sewer line is broken, and now raw sewage bubbles out of the ground like a malevolent spring. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>ERIN\u003c/strong>: On \u003c/span>\u003ca href=\"https://www.greyscape.com/modernism-was-framed-the-truth-about-pruitt-igoe/\">\u003cspan style=\"font-weight: 400\">March 16, 1972\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, the first of its 33 towers was demolished. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Sounds: A building is being demolished; Pruitt-Igoe implodes.)\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.youtube.com/watch?v=738WpY2_JV8\">\u003cb>PRUITT-IGOE IMPLOSION\u003c/b>\u003c/a>\u003c/em>: \u003cspan style=\"font-weight: 400\"> Not only St. Louis, but the rest of the nation is viewing with great interest the results of this experiment.\u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cspan style=\"font-weight: 400\">(Music out)\u003c/span>\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> President Richard Nixon saw the growing frustration with public housing failures like Pruitt-Igoe. And so he took a turn towards the private market instead. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Two years after that demolition, Nixon introduced Section 8. \u003c/span>\u003cspan style=\"font-weight: 400\">Again, here’s Georgetown University professor Eva Rosen.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">You’re not having to build public housing, you’re not having to maintain or renovate a public housing stock. And so it is this sort of very, in theory, economically efficient tool.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Under Nixon, Section 8 was just a pilot program.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But by the 1990s, the stage was set for it to grow. Public housing had gotten a real bad rap, and that’s when President Bill Clinton really ramped up Section 8.\u003c/span>\u003c/p>\n\u003cp>\u003cb>PRESIDENT BILL CLINTON\u003c/b>: \u003cspan style=\"font-weight: 400\">Today I had the honor of signing the budget for programs to help the homeless to give housing vouchers to empower the poor.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> His administration changed the name from Section 8 to \u003c/span>\u003ca href=\"https://www.hud.gov/program_offices/public_indian_housing/phr/about\">\u003cspan style=\"font-weight: 400\">Housing Choice Vouchers\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">And actually in the title, you can very much notice this emphasis on choice.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cb>MOLLY\u003c/b>: Eva says that reflects one of the goals for the program. \u003c/span>\u003c/p>\n\u003cp>The hope was that people could use their vouchers to move to more affluent neighborhoods. Neighborhoods with more resources, better schools and more jobs.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>ERIN\u003c/strong>: Public housing had become extremely segregated. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">By 1989, \u003c/span>\u003ca href=\"https://www.huduser.gov/portal//Publications/pdf/HUD-5961.pdf\">\u003cspan style=\"font-weight: 400\">nearly 70% of the households \u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">of the residents were people of color. Mostly women-led, Black and Latinx households.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And most of the housing developments were also in segregated and impoverished neighborhoods. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">And that was causing all kinds of problems. And it was leaving public housing residents with very little choice about where they ended up.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: \u003c/span>\u003cspan style=\"font-weight: 400\">But Eva says the program hasn’t lived up to its promise of giving voucher holders a real choice of where to live. \u003c/span>\u003cspan style=\"font-weight: 400\">And a lot of that comes down to landlords: when \u003c/span>\u003cspan style=\"font-weight: 400\">they \u003c/span>\u003cspan style=\"font-weight: 400\">choose to participate, and why.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">When we introduced these private landlords into this system, we sort of just assumed that they would play along, that they would want to participate. \u003c/span>\u003cspan style=\"font-weight: 400\">And that tends not always to be the case.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">For \u003c/span>\u003cspan style=\"font-weight: 400\">some \u003c/span>\u003cspan style=\"font-weight: 400\">landlords, Section 8 works really well.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Eugene Zinchik and his brother own a real estate and property management company in San Francisco. \u003c/span>\u003cspan style=\"font-weight: 400\">And he’s been renting to voucher holders for about six or seven years now.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b> \u003cstrong>ZINCHIK\u003c/strong>: \u003cspan style=\"font-weight: 400\">There’s more stability in knowing that your rent checks are going to be coming, you know, whatever it is that happens. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">During the pandemic, most of Eugene’s Section 8 tenants stayed put, and their rent checks kept flowing in. But a lot of his tenants who didn’t have vouchers — they left.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even without the coronavirus, Eugene says voucher holders just stick around longer. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">There’s less turnover for a landlord. If there’s less turnover, there’s no rent that they’re losing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: But Eugene says the\u003c/span>\u003cspan style=\"font-weight: 400\"> real \u003c/span>\u003cspan style=\"font-weight: 400\">benefit\u003c/span>\u003cspan style=\"font-weight: 400\"> to landlords \u003ca href=\"https://www.huduser.gov/portal/sites/default/files/pdf/Urban-Landlords-HCV-Program.pdf\">depends a lot on where the property is\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He points to a new building he’s managing in San Francisco’s Bayview neighborhood. Even though he hasn’t found a tenant yet, Eugene already knows it’ll be someone on Section 8. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>:\u003cspan style=\"font-weight: 400\"> Part of San Francisco is extremely, extremely expensive. Bayview is still semi-affordable for maybe, still, for a blue-collar family. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: He says r\u003cspan style=\"font-weight: 400\">ents here are about $1,000 lower than in other parts of the city. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But landlords can actually \u003c/span>\u003ca href=\"https://scholar.harvard.edu/files/mdesmond/files/desmondperkins.cc_.2016.pdf\">\u003cspan style=\"font-weight: 400\">charge a Section 8 \u003c/span>\u003cspan style=\"font-weight: 400\">more\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> than they would with someone without a voucher.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">That’s because when the government decides how much it’s willing to pay for each voucher, it doesn’t vary the amounts by neighborhood. It sets one standard for the whole city.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">So it’s a pretty good deal for landlords in places like Bayview.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">So in Bayview, in my experience, the amounts that Section 8 pays are pretty much competitive.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But landlords in high-rent places could actually \u003c/span>\u003cspan style=\"font-weight: 400\">lose \u003c/span>\u003cspan style=\"font-weight: 400\">money. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">In at least half the neighborhoods in San Francisco, Section 8 what they pay per unit is just not compatible with the market rent.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>ERIN\u003c/strong>: Eva says those incentives have created an unintended consequence: Most Section 8 tenants are trapped in low-income neighborhoods.\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">And this is where you start to understand how the program, which was designed and very much hoped to provide tenants choice, actually creates sort of an opposite scenario where they’re being pushed away from the kind of neighborhoods that they might want to end up in and forced into neighborhoods that they don’t necessarily want to be in.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Eugene says even when landlords \u003c/span>\u003cspan style=\"font-weight: 400\">want \u003c/span>\u003cspan style=\"font-weight: 400\">to rent to a voucher holder, it’s not that easy. \u003c/span>\u003cspan style=\"font-weight: 400\">You have to jump through a lot of hoops. \u003c/span>\u003cspan style=\"font-weight: 400\">What kind of hoops? Well, let’s take a look.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">First, there are the forms. For both tenants and landlords. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">You know, forms could be scary if you’ve never seen this form before.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>\u003cspan style=\"font-weight: 400\">: Let’s say you do fill them out correctly. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>:\u003cspan style=\"font-weight: 400\"> For about two weeks, you probably hear nothing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">Then, hopefully, you get a call for an inspection. The housing authority needs to make sure these buildings are up to code. \u003c/span>\u003cspan style=\"font-weight: 400\">For that, you’ll need to take the day off work. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">A lot of times you get a four-hour window for the inspector to come in.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> And if you have any questions, don’t try to get anyone on the phone. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">Just talking to somebody, you’d be waiting on hold for an hour.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">Eugene says it’s like dealing with the DMV.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">You know, we’ve all been there, but you know, we don’t really want to do that unless we have to.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">The federal Department of Housing and Urban Development held \u003c/span>\u003ca href=\"https://www.hud.gov/sites/dfiles/PIH/documents/ListeningForumsPublicSummary012320.pdf\">\u003cspan style=\"font-weight: 400\">listening sessions\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> with property owners across the country back in 2018. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Most of the sessions were taken up by complaints. Eighty-two\u003c/span>\u003cspan style=\"font-weight: 400\"> percent said they had bad experiences dealing with their local housing authority. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">One of their biggest issues: how long it takes to sign up a new tenant. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The whole process can take a month or two — time spent without collecting rent. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">For a landlord to just sit and wait for that tenant is not, is not reasonable, especially if it’s an individual like a mom-and-pop type of shop.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">So how do we improve Section 8? \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For tenants to have more choice — you know, the original goal of the program — you need more landlords with properties in more neighborhoods. Here’s Eva Rosen: \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">When we think about landlord participation, I think we need to think about carrots and sticks.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">That means tougher laws to prevent landlords from discriminating against Section 8 tenants. And better enforcement. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">That’s sort of like a stick, right? It’s a slap on the wrist. It’s a no, you’re not allowed to do this.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> And, then there’s the carrot: more voucher money for properties in wealthier neighborhoods. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s something the federal government is already trying. They’re basing the rent on the ZIP code, instead of one standard for the whole city.\u003c/span>\u003c/p>\n\u003cp>\u003cb>EVA\u003c/b>: \u003cspan style=\"font-weight: 400\">Because there’s no way a landlord is going to participate in the program if they’re getting less rent than they would get from a market tenant, right?\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">An early test of the program \u003c/span>\u003ca href=\"https://www.huduser.gov/portal/sites/default/files/pdf/SAFMR-Interim-Report.pdf\">\u003cspan style=\"font-weight: 400\">showed it worked\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. More landlords in affluent areas opened their doors to Section 8.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But in a few cities, there was a downside, too. Some landlords in low-income neighborhoods stopped renting to voucher holders. That led to a drop in the number of homes available there. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Still, the results were still promising enough that they’ve expanded it to \u003c/span>\u003ca href=\"https://www.cbpp.org/research/housing/a-guide-to-small-area-fair-market-rents-safmrs\">\u003cspan style=\"font-weight: 400\">two dozen cities\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> across the country.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908157\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11908157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_9801-1920x1440.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Eugene Zinchik poses inside a property he manages in San Francisco’s Bayview neighborhood. \u003ccite>(Erin Baldassari/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Another way to recruit more landlords? Cut the red tape. \u003c/span>\u003c/p>\n\u003cp>\u003cb>EUGENE\u003c/b>: \u003cspan style=\"font-weight: 400\">Give those individuals that have the voucher more say of what they’re able to do. \u003c/span>\u003cspan style=\"font-weight: 400\">Give the power to that individual to sign on their own behalf to take the place or not take the place.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">After all, Section 8 was supposed to be about choice. \u003c/span>\u003cspan style=\"font-weight: 400\">So, Eugene says, let people make their own. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Coming up: A different solution that \u003c/span>\u003cspan style=\"font-weight: 400\">is \u003c/span>\u003cspan style=\"font-weight: 400\">all about choice. And cold, hard cash. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> When the coronavirus hit — and the economy shut down — one thing was clear: People needed cash. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And the federal government stepped in. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.youtube.com/watch?v=NzMNV2qH2IA\">\u003cb>WCNC\u003c/b>\u003c/a>\u003c/em>: \u003cspan style=\"font-weight: 400\">Stimulus checks are rolling in for millions of Americans today. About 80 million people are expected to receive their payments today.\u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.youtube.com/watch?v=NhyfKmBfRi8\">\u003cem>\u003cb>NBC\u003c/b>\u003c/em>\u003c/a>: \u003cspan style=\"font-weight: 400\">Well, these direct payments are what everyone is talking about because 90% of American households should be getting some money. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Before the pandemic, the idea of giving out free money in this country was kind of a hard sell. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/nataliefoster?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor\">Natalie Foster\u003c/a> is the president and co-founder of the Economic Security Project. \u003c/span>\u003c/p>\n\u003cp>\u003cb>NATALIE FOSTER\u003c/b>: \u003cspan style=\"font-weight: 400\">Then the pandemic hit and it became clear that cash was the currency of urgency.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">And it wasn’t just stimulus checks. \u003c/span>\u003c/p>\n\u003cp>\u003cb>NATALIE\u003c/b>: \u003cspan style=\"font-weight: 400\">Pandemic unemployment insurance was important for supporting people in the midst of job loss, expanding tax credits like the earned income tax credit and the child tax credit. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These were all things that the government did.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">For a lot of families, that extra money was a lifeline. \u003c/span>\u003cspan style=\"font-weight: 400\">Despite a recession and a global pandemic, poverty in this country actually \u003c/span>\u003cspan style=\"font-weight: 400\">decreased\u003c/span>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cb>NATALIE\u003c/b>: \u003cspan style=\"font-weight: 400\">We saw a decrease in poverty, and that is because the government realized that poverty is a policy choice and we could make different choices. And so the politics of the moment allowed for us to make a different choice.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">We also made a choice to keep more people housed, with eviction moratoriums and rent relief. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For progressives and others, those pandemic-era programs were a golden opportunity t\u003c/span>\u003cspan style=\"font-weight: 400\">o tackle poverty and housing insecurity on a grand scale. \u003c/span>\u003cspan style=\"font-weight: 400\">And test an idea that’s been gaining steam over the past couple years. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cb>NEWS CLIPS\u003c/b>\u003c/em>: It’s an idea known as guaranteed basic income.\u003c/p>\n\u003cp>A monthly, no-strings-attached cash payment given directly to individuals.\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">A guaranteed income. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>\u003cspan style=\"font-weight: 400\">: Basically, if you want to solve poverty, give people money. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Here’s how it would work: The money would come from the federal government, ideally in the form of a regular, monthly payment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The amount wouldn’t make you rich, but it could help pay for your housing, your food or whatever else you need. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: F\u003cspan style=\"font-weight: 400\">or all the excitement around guaranteed income today, it’s not actually a new idea. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Thomas Paine argued for it way back in the 18th century. \u003c/span>\u003cspan style=\"font-weight: 400\">And over the years, its supporters have come from all over the political spectrum.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">From the Black Panthers, to President Richard Nixon. \u003c/span>\u003c/p>\n\u003cp>\u003cem>\u003cb>RECORDING OF PRESIDENT RICHARD NIXON DISCUSSING GUARANTEED INCOME\u003c/b>\u003c/em>: \u003cspan style=\"font-weight: 400\">What I am proposing is that the federal government build a foundation under the income of every American family with dependent children that cannot care for itself.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">From libertarian economist Milton Friedman to civil rights leader Martin Luther King Jr. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It seems to me that the civil rights movement must now begin to organize for the guaranteed annual income, begin to organize people all over our country and mobilize forces, so that we can bring to the attention of our nation, this need and this something which I believe will go a long, long way toward dealing with the Negros’ economic problem and the economic problem with many other poor people confronting our nation.\u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Alaska’s been doing this \u003c/span>\u003ca href=\"https://pfd.alaska.gov/Division-Info/historical-timeline\">\u003cspan style=\"font-weight: 400\">since the 1980s\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, paying out oil dividends to all its residents — on average, about $1,600 a year. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But more recently, about 90 guaranteed-income experiments have popped up across the country. Most were inspired by one city: Stockton, California.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL TUBBS\u003c/b>:\u003cspan style=\"font-weight: 400\"> Hello, my name is \u003ca href=\"https://twitter.com/MichaelDTubbs?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor\">Michael Tubbs\u003c/a>. I am the former mayor of the city of Stockton, California. I’m the founder of \u003ca href=\"https://www.mayorsforagi.org/\">Mayors for a Guaranteed Income\u003c/a> and of \u003ca href=\"https://calmatters.org/california-divide/2022/02/former-stockton-mayor-launches-nonprofit-to-end-poverty-in-california/\">End Poverty in California.\u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Michael led Stockton’s guaranteed-income program back in 2019. He says a lot of the issues that came across his desk all came back to the same thing.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Issues of poverty and lack and pervasive poverty and generational poverty.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Stockton was the \u003c/span>\u003ca href=\"https://www.theguardian.com/business/2008/jul/28/subprimecrisis.useconomy\">\u003cspan style=\"font-weight: 400\">foreclosure capital\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> of the country during the Great Recession. It \u003c/span>\u003ca href=\"https://www.reuters.com/article/us-stockton-bankruptcy/stockton-california-files-for-bankruptcy-idUSBRE85S05120120629\">\u003cspan style=\"font-weight: 400\">declared bankruptcy\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> in 2012. And today, \u003c/span>\u003ca href=\"https://www.stocktondemonstration.org/about-seed\">\u003cspan style=\"font-weight: 400\">about a quarter\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> of its population lives below the poverty line. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Michael wanted to bring a guaranteed income to Stockton because the old way of addressing poverty wasn’t working. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The programs we have now — like welfare or food stamps or housing vouchers — they have a lot of rules and regulations. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11882364\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11882364\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-800x533.jpeg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut-1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/07/RS46086_GettyImages-1208192668-qut.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Michael Tubbs, former mayor of Stockton, is seen at his office in Stockton on Feb. 7, 2020. As mayor, with the help of the Stockton Economic Empowerment Demonstration, he implemented an 18-month trial of universal basic income for 125 residents of his city. The concept has recently been gaining ground. \u003ccite>(Nick Otto/AFP via Getty Images))\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">When you’re on welfare, you have to spend so much time being with case managers, filling out forms, doing this, doing that, which robs you of the ability to do all the other things you need to do. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Guaranteed-income programs don’t require all that micromanagement, which frees up people’s time. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And, they have another benefit: You can spend the money however you need. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Whether it’s on new tires, a transmission, a new washer and dryer, school clothes, a wedding, going to visit your parents you haven’t seen in a while.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> When people in Stockton were given the choice of how to use the $500 they got each month, they tended to spend it on food and other essentials.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Some also used it to help pay for housing. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">They were able to sort of save up for a down payment to move to safer living conditions. Or some people use it to cope with sort of small rises in rent that occur: $50 here or $100 here, $125 here. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Researchers in Stockton didn’t look specifically at the impact of a guaranteed income on evictions. But the small stipend could help. \u003c/span>\u003c/p>\n\u003cp>\u003ca href=\"https://www.nytimes.com/2019/12/12/upshot/eviction-prevention-solutions-government.html\">\u003cspan style=\"font-weight: 400\">Most people get evicted for $600 or less\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, according to a New York Times analysis. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Just knowing you have enough money to get to the end of the month also goes a long way for your mental health.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Folks who received the guaranteed income went from elevated levels of stress to regular levels of stress. And that just was like, wow, like money really sort of affects health and mental health and well-being and how we show up in the world. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> But probably one of the biggest findings from Stockton: \u003c/span>\u003cspan style=\"font-weight: 400\">It challenged a widely held criticism of guaranteed income, that it would cause people to stop working. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The money actually had the opposite effect. \u003c/span>\u003ca href=\"https://www.stocktondemonstration.org/employment\">\u003cspan style=\"font-weight: 400\">People worked \u003c/span>\u003cspan style=\"font-weight: 400\">more.\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">About \u003c/span>\u003ca href=\"https://www.stocktondemonstration.org/employment\">\u003cspan style=\"font-weight: 400\">12% went from part-time to full-time work\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. That’s more than double the control group. And participants were less likely to be unemployed. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">And I wasn’t surprised, but I’m glad the data validated this belief that that $500 was not going to make anyone stop working, that people still worked.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Michael says that’s because it wasn’t enough to live on. But it gave people some breathing room. It allowed them to quit one of their part-time jobs and look for full-time work.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Or go back to school to change careers. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">It allowed people the chance to live. And live a life, and live a life beyond just going through the motions and working and going to sleep and working, going to sleep. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>: \u003cspan style=\"font-weight: 400\">Still, critics say you shouldn’t draw too many conclusions from one small pilot program — with only 125 participants. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Rolling out a guaranteed income nationally could have a much bigger impact on the economy. And many worry that all that extra cash would only cause prices to rise, setting off higher inflation. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">Guaranteed income also does nothing to solve a larger problem. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The thing we \u003ca href=\"https://www.bls.gov/news.release/cesan.nr0.htm#:~:text=%2D%2DHousing%20expenditures%20increased%203.5,dwellings%20were%20down%200.5%20percent.\">spend the most money on is housing\u003c/a>. And that just keeps going up. Taking a \u003c/span>\u003ca href=\"https://www.cnbc.com/2021/11/10/home-prices-are-now-rising-much-faster-than-incomes-studies-show.html\">\u003cspan style=\"font-weight: 400\">bigger and bigger piece\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> out of our paychecks.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MICHAEL\u003c/b>: \u003cspan style=\"font-weight: 400\">Guaranteed income is great, but we don’t want all that money to be spent on housing because people have other needs, right? So I think a guaranteed income is a powerful tool. But like any toolbox, you need more than one tool to really get the job done. \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music in)\u003c/em>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Guaranteed income can’t solve poverty on its own. But Michael says it’s a good place to start if we want to solve other big problems, like evictions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Evictions perpetuate inequality, a\u003c/span>\u003cspan style=\"font-weight: 400\">nd they push more people into poverty. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> When you’re evicted, you lose your neighborhood, your school, your support network. \u003c/span>\u003cspan style=\"font-weight: 400\">You can be trapped in a cycle of debt, even become homeless. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But the solutions are within our reach, and people are already pushing for them. \u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Activists in Fresno are fighting for a fair shot in court. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Tenants in Antioch are demanding more protection against rising rents. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And women like \u003ca href=\"https://www.kqed.org/news/11905386/why-black-women-are-more-likely-to-face-eviction\">Jean [Kendrick, from Episode 2]\u003c/a> are sharing their stories and calling attention to inequities we can’t unsee. \u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Evictions reflect our housing system: who reaps the profit and who suffers the pain.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But we have an opportunity to make the system more fair, to invest in people’s success, not just for a few, but for all. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The question is, will we take it? \u003c/span>\u003cspan style=\"font-weight: 400\">I’m Erin Baldassari.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>: \u003cspan style=\"font-weight: 400\">And I’m Molly Solomon. Thank you so much for listening to Sold Out: Rethinking Housing in America. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If you like what you hear, please leave us a review on Apple Podcasts — and share it with a friend!\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> We’ve got one more thing that we’re working on. It’s a bonus episode full of stories from you. That’ll drop in a few weeks, so stay tuned. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Sold Out is a production of KQED. This episode was written and reported by us: Molly Solomon and Erin Baldassari.\u003c/span>\u003c/p>\n\u003cp>\u003cb>MOLLY\u003c/b>:\u003cspan style=\"font-weight: 400\"> Adhiti Bandlamudi produced this episode. Kyana Moghadam is our senior producer. Brendan Willard is our sound engineer. And Rob Speight wrote our theme song.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Natalia Aldana is our senior engagement producer and Gerald Fermin is our engagement intern.\u003c/span>\u003c/p>\n\u003cp>\u003cb>ERIN\u003c/b>:\u003cspan style=\"font-weight: 400\"> Thank you to our editor, Erika Kelly. Additional editing from Jessica Placzek and Otis Taylor Jr.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">We couldn’t have made this season without Ethan Toven-Lindsey, Holly Kernan, Erika Aguilar and Vinnee Tong. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Thank you for listening! \u003c/span>\u003c/p>\n\u003cp>\u003cem>(Music out)\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Let us know what you think of the show by \u003ca href=\"https://survey.alchemer.com/s3/6755022/f959eb5782fc\" target=\"_blank\" rel=\"noopener noreferrer\">taking a quick survey\u003c/a>\u003c/strong>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11907727/reknitting-the-safety-net-help-pay-the-rent","authors":["11652","11651"],"programs":["news_33522"],"categories":["news_8","news_33520"],"tags":["news_3921","news_19122","news_1386","news_18538","news_30775","news_1775","news_21358","news_30773","news_30774","news_9","news_20903","news_30776","news_28979","news_28426","news_1585","news_20967","news_20809","news_28541","news_28527","news_784","news_19961","news_30777"],"featImg":"news_11908146","label":"source_news_11907727"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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