California Department of JusticeCalifornia Department of Justice
State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People
AG Becerra Takes Heat for DOJ's Move to Restrict Release of Gun Violence Data
State Attorney General Calls for a Way to Ban Problem Cops, Other Police Reforms
State Attorney General Must Disclose Police Misconduct Files on Local Cops, Appeals Court Rules
California Attorney General Releases Records of Agent Fired for Lies and Racist Comments
KQED Sues Attorney General, Seeking Access to Police Misconduct and Shooting Records
First Amendment Group Sues State AG Over Withholding Police Records
Free Speech Advocates Blast California A.G. for Refusing to Release Police Misconduct Files
Why a California Gun Seizure Law Could Be a Model for National Legislation
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Murrow Award for news reporting and an investigative reporting award from the SPJ of Northern California.\r\n\r\nBefore joining KQED, Julie covered government and politics in Sacramento for Southern California Public Radio (SCPR). Her 2010 \u003ca href=\"https://www.scpr.org/specials/prisonmedical/\">series\u003c/a> on lapses in California’s prison medical care also won a regional Edward R. Murrow Award for investigative reporting and a Golden Mic Award from the RTNDA of Southern California.\r\n\r\nJulie began her career in journalism in 2000 as the deputy foreign editor for public radio's \u003cem>Marketplace, \u003c/em>while earning her master's degree in journalism from USC’s Annenberg School of Communication.","avatar":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twitter":"@SmallRadio2","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Julie Small | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jsmall"},"korr":{"type":"authors","id":"11200","meta":{"index":"authors_1591205172","id":"11200","found":true},"name":"Katie Orr","firstName":"Katie","lastName":"Orr","slug":"korr","email":"korr@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Katie Orr was a Sacramento-based reporter for KQED's Politics and Government Desk, covering the state Capitol and a variety of issues including women in politics, voting and elections and legislation. Prior to joining KQED in 2016, Katie was state government reporter for Capital Public Radio in Sacramento. She's also worked for KPBS in San Diego, where she covered City Hall.\r\n\r\nKatie received her masters degree in political science from San Diego State University and holds a Bachelors degree in broadcast journalism from Arizona State University.\r\n\r\nIn 2015 Katie won a national Clarion Award for a series of stories she did on women in California politics. She's been honored by the Society for Professional Journalists and, in 2013, was named by \u003cem>The Washington Post\u003c/em> as one of the country's top state Capitol reporters. She's also reported for the award-winning documentary series \u003cem>The View from Here \u003c/em>and was part of the team that won national PRNDI and Gabriel Awards in 2015. She lives in Sacramento with her husband. Twitter: @1KatieOrr","avatar":"https://secure.gravatar.com/avatar/41a40b25845adc78f50808670860449e?s=600&d=blank&r=g","twitter":"1katieorr","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]},{"site":"stateofhealth","roles":["author"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Katie Orr | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/41a40b25845adc78f50808670860449e?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/41a40b25845adc78f50808670860449e?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/korr"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11939340":{"type":"posts","id":"news_11939340","meta":{"index":"posts_1591205157","site":"news","id":"11939340","score":null,"sort":[1674867853000]},"guestAuthors":[],"slug":"state-justice-department-fails-to-probe-or-even-log-multiple-police-shootings-of-possibly-unarmed-people","title":"State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People","publishDate":1674867853,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1506\">law passed in 2020\u003c/a> compels the state Justice Department to investigate all \u003ca href=\"https://calmatters.org/justice/2021/05/police-deadly-force-law/\">incidents in which a police officer shoots and kills someone who is unarmed\u003c/a>.\u003c/p>\n\u003cp>But the department isn’t investigating all the incidents law enforcement agencies are referring to it: In at least 17 cases to date, the state has opted not to investigate.\u003c/p>\n\u003cp>The exact number and details about those cases are a bit of a mystery, CalMatters has learned. The Justice Department said it had not been tracking each report it received and could readily provide details only for cases in which its agents visited the scene or opened an investigation or reports. After CalMatters began raising questions in November, the department managed to track down some information on the 17 rejected cases, and acknowledged there were more.[pullquote align=\"right\" size=\"medium\" citation=\"Izaak Schwaiger, attorney\"]'[F]or those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it's a misapplication of the attorney general's duty under the law.'[/pullquote]CalMatters launched its own \u003ca href=\"https://calmatters.org/justice/2022/11/california-police-shootings-unarmed-civilians/\">tracker to follow the police shooting cases the Justice Department is investigating\u003c/a>, which number 31 and counting.\u003c/p>\n\u003cp>The department now says it has reversed course and begun tracking every report that comes in.\u003c/p>\n\u003cp>“Given the mandate and the need to rapidly implement a major new statewide initiative, our office focused on … qualifying events,” a Justice Department spokesperson wrote in an email to CalMatters on Jan. 20. “We did not previously consider tracking calls for non-qualifying events. However, we are now tracking the information on our end and we’re more than happy to provide updates on those figures as needed … .”\u003c/p>\n\u003cp>Under the new law, whenever a police department or sheriff’s office thinks one of their officers has shot someone who could be considered unarmed — including those carrying Airsoft rifles or other weapons not considered deadly — they’re compelled by law to report it for review.\u003c/p>\n\u003cp>The law says: “A state prosecutor shall investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named.”\u003c/p>\n\u003cp>But sometimes a lot hinges on the definition of “unarmed.” The Justice Department may opt not to investigate a case if it determines the person killed was, in fact, armed in some way. For example, if the slain person was in a car, the deputy attorney general making the call might determine that the person was using the car in a manner that constituted potential deadly force.\u003c/p>\n\u003cp>In any event, when the Justice Department doesn’t take a case, it also hasn’t been publishing an explanation as to why.\u003c/p>\n\u003cp>The review process for the shooting of unarmed people is public record, and the Justice Department has maintained \u003ca href=\"https://oag.ca.gov/ois-incidents/current-cases\">a page recording the names and locations of the people shot and the officers suspected of shooting them\u003c/a>.\u003c/p>\n\u003cp>Failing to report the original calls from law enforcement agencies — whether the person they shot was unarmed or not — makes analyzing the decision-making by the Justice Department more difficult. This was, after all, a law enacted in the wake of the George Floyd shooting to create a layer of state oversight.\u003c/p>\n\u003cp>For instance, there were 31 open investigations into the shootings of unarmed people as of Wednesday, but it’s impossible to know what percentage that represents of the total number of calls the department has received. They have logged at least 66 total calls since July 1, 2021.\u003c/p>\n\u003cp>The legislation creating the program to investigate deadly police shootings does not explicitly mandate how the Justice Department will maintain records. The Justice Department told CalMatters that the program’s operations are up to them.[aside postID=news_11931901 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/11/GettyImages-1370341717-1020x680.jpg']“Oh, it’s absolutely troubling, but I’m just a lawyer, I’m not the family who lost a loved one,” said Izaak Schwaiger, an attorney representing the family of David Pelaez Chavez in \u003ca href=\"https://dockets.justia.com/docket/california/candce/4:2022cv06715/403001\">a federal lawsuit against the Sonoma County Sheriff’s Office\u003c/a> and the deputy who shot him. “And for those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it’s a misapplication of the attorney general’s duty under the law.”\u003c/p>\n\u003cp>In that case, even the Sonoma County district attorney has complained that the state Justice Department needed to be more transparent about its decision to not investigate.\u003c/p>\n\u003cp>The two authors of the original bill creating the program refused to comment on the way the Justice Department has been handling cases. One is Assemblymember Kevin McCarty, the Sacramento Democrat whose spokesperson said he would soon introduce legislation expanding the Justice Department’s mandate to investigate all deaths at the hands of law enforcement. The other is Attorney General Rob Bonta, a former legislator who now heads the Justice Department.\u003c/p>\n\u003cp>Other legislators heavily involved with policing also refused to comment. A spokesperson for Assemblymember Reggie Jones-Sawyer, a Los Angeles Democrat and chair of the Assembly Public Safety Committee, said he would issue a statement, then stopped returning calls and text messages.\u003c/p>\n\u003cp>No one, it seemed, wanted to talk. A number of the groups who were registered supporters of the original legislation creating the Justice Department program didn’t return calls or emails from CalMatters, or declined to comment. One person who wouldn’t be quoted by name said that the groups worried that publicizing each call from a law enforcement agency would make the agencies less likely to report their shootings in the future.\u003c/p>\n\u003cp>“There should be some record, a digital record, that a telephone call was made,” said David Loy, legal director of the First Amendment Coalition. “Incoming and outgoing calls, even if it’s only to record … the fact that a call was made should be [available]. I mean, my cellphone bill has a record. Every call that came in and out of my cellphone, that’s a record that exists. I can’t believe that the state doesn’t have a similar record.”\u003c/p>\n\u003ch2>Shot shoeless in a creek\u003c/h2>\n\u003cp>One of the calls the Justice Department chose not to investigate came from the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>At about 7:30 a.m. on July 29, 2022, Sonoma County dispatchers took a call about a man breaking a house’s window with a rock. Deputies found 36-year-old David Pelaez Chavez in a hilly area and tried to communicate with him in Spanish, according to \u003ca href=\"https://norcalpublicmedia.org/2022081580725/news-feed/sheriff-s-office-releases-body-cam-footage-audio-in-chavez-killing\">body camera footage\u003c/a> released by the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>The deputies did not tell Pelaez Chavez in Spanish to drop the hammer and tiller he was holding in one hand, and the rock he held in the other. As he bent over, standing shoeless in a creek, a deputy shot and killed him.[pullquote align=\"right\" size=\"medium\" citation=\"Izaak Schwaiger, attorney\"]'I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven't.'[/pullquote]In a September 7 letter to Bonta, Sonoma County District Attorney Jill Ravitch \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/09-07-2022-Letter-to-Attorney-General-re-OIS-.pdf\">questioned the lack of transparency (PDF)\u003c/a> after the state turned down a potential investigation, noting: “It would be helpful to have a written explanation of how the determination was made to decline participation in the investigation … .”\u003c/p>\n\u003cp>“I was concerned that the decision had been made without enough evidence and it was a little preliminary given the situation,” \u003ca href=\"https://www.pressdemocrat.com/article/news/district-attorney-ravitch-questions-attorney-generals-decision-not-to-inve/\">Ravitch told \u003cem>The Press Democrat\u003c/em> in Santa Rosa\u003c/a>.\u003c/p>\n\u003cp>CalMatters has found that the Justice Department has struggled to meet the goals set by the police shooting law — including the attorney general’s own pledge to complete investigations in one year. Internal emails indicate that \u003ca href=\"https://calmatters.org/justice/2022/07/california-police-accountability-laws/\">Justice Department employees were worried that the new workload would overwhelm them\u003c/a>. Department officials also have complained that \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0820_BCP4943.pdf\">the Legislature slashed in half their original $26 million budget request (PDF)\u003c/a> to cover these investigations.\u003c/p>\n\u003cp>Police shootings are politically charged, and Schwaiger, the plaintiff’s attorney in the Sonoma County case, said the lack of funding means Bonta’s office has less time and fewer resources to investigate cases with little upside to the department: If you push for charges against police officers, you’ll enrage one set of constituents; if you fail to bring charges, you’ll upset a different set of voters.\u003c/p>\n\u003cp>“There’s no more labor-intensive investigation that can be done than the investigation of a police officer involved in some kind of a killing,” Schwaiger said. “And there might be something to the fact that they don’t have the manpower or the money to do it.\u003c/p>\n\u003cp>“I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven’t.”\u003c/p>\n\u003cp>Investigations into police shootings of unarmed people throughout California begin when the law enforcement agency itself calls in the shooting to a Los Angeles-based 24-hour call center — these are the calls that the Justice Department has just started tracking.\u003c/p>\n\u003cp>The call center contacts an agent at the Department of Justice, who then confers with department attorneys on whether the incident could qualify as a fatal shooting of an unarmed person.\u003c/p>\n\u003cp>If the Justice Department agent finds there is enough cause, the department will send a deputy attorney general to the scene of the shooting. This had happened 49 times as of Jan. 16. After processing the scene, Justice Department attorneys then decide whether to take up the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The Justice Department told CalMatters that it can't say how many cases it chose not to investigate during the past 18 months under a new state law, which aimed to ensure state oversight of police shootings. In at least 17 cases to date, the state has opted not to investigate.","status":"publish","parent":0,"modified":1674868696,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1691},"headData":{"title":"State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People | KQED","description":"The Justice Department told CalMatters that it can't say how many cases it chose not to investigate during the past 18 months under a new state law, which aimed to ensure state oversight of police shootings. In at least 17 cases to date, the state has opted not to investigate.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Justice Department Fails to Probe — or Even Log — Multiple Police Shootings of Possibly Unarmed People","datePublished":"2023-01-28T01:04:13.000Z","dateModified":"2023-01-28T01:18:16.000Z","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://calmatters.org/author/nigelduara/\">Nigel Duara\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11939340/state-justice-department-fails-to-probe-or-even-log-multiple-police-shootings-of-possibly-unarmed-people","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1506\">law passed in 2020\u003c/a> compels the state Justice Department to investigate all \u003ca href=\"https://calmatters.org/justice/2021/05/police-deadly-force-law/\">incidents in which a police officer shoots and kills someone who is unarmed\u003c/a>.\u003c/p>\n\u003cp>But the department isn’t investigating all the incidents law enforcement agencies are referring to it: In at least 17 cases to date, the state has opted not to investigate.\u003c/p>\n\u003cp>The exact number and details about those cases are a bit of a mystery, CalMatters has learned. The Justice Department said it had not been tracking each report it received and could readily provide details only for cases in which its agents visited the scene or opened an investigation or reports. After CalMatters began raising questions in November, the department managed to track down some information on the 17 rejected cases, and acknowledged there were more.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[F]or those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it's a misapplication of the attorney general's duty under the law.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Izaak Schwaiger, attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>CalMatters launched its own \u003ca href=\"https://calmatters.org/justice/2022/11/california-police-shootings-unarmed-civilians/\">tracker to follow the police shooting cases the Justice Department is investigating\u003c/a>, which number 31 and counting.\u003c/p>\n\u003cp>The department now says it has reversed course and begun tracking every report that comes in.\u003c/p>\n\u003cp>“Given the mandate and the need to rapidly implement a major new statewide initiative, our office focused on … qualifying events,” a Justice Department spokesperson wrote in an email to CalMatters on Jan. 20. “We did not previously consider tracking calls for non-qualifying events. However, we are now tracking the information on our end and we’re more than happy to provide updates on those figures as needed … .”\u003c/p>\n\u003cp>Under the new law, whenever a police department or sheriff’s office thinks one of their officers has shot someone who could be considered unarmed — including those carrying Airsoft rifles or other weapons not considered deadly — they’re compelled by law to report it for review.\u003c/p>\n\u003cp>The law says: “A state prosecutor shall investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. The Attorney General is the state prosecutor unless otherwise specified or named.”\u003c/p>\n\u003cp>But sometimes a lot hinges on the definition of “unarmed.” The Justice Department may opt not to investigate a case if it determines the person killed was, in fact, armed in some way. For example, if the slain person was in a car, the deputy attorney general making the call might determine that the person was using the car in a manner that constituted potential deadly force.\u003c/p>\n\u003cp>In any event, when the Justice Department doesn’t take a case, it also hasn’t been publishing an explanation as to why.\u003c/p>\n\u003cp>The review process for the shooting of unarmed people is public record, and the Justice Department has maintained \u003ca href=\"https://oag.ca.gov/ois-incidents/current-cases\">a page recording the names and locations of the people shot and the officers suspected of shooting them\u003c/a>.\u003c/p>\n\u003cp>Failing to report the original calls from law enforcement agencies — whether the person they shot was unarmed or not — makes analyzing the decision-making by the Justice Department more difficult. This was, after all, a law enacted in the wake of the George Floyd shooting to create a layer of state oversight.\u003c/p>\n\u003cp>For instance, there were 31 open investigations into the shootings of unarmed people as of Wednesday, but it’s impossible to know what percentage that represents of the total number of calls the department has received. They have logged at least 66 total calls since July 1, 2021.\u003c/p>\n\u003cp>The legislation creating the program to investigate deadly police shootings does not explicitly mandate how the Justice Department will maintain records. The Justice Department told CalMatters that the program’s operations are up to them.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11931901","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/11/GettyImages-1370341717-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Oh, it’s absolutely troubling, but I’m just a lawyer, I’m not the family who lost a loved one,” said Izaak Schwaiger, an attorney representing the family of David Pelaez Chavez in \u003ca href=\"https://dockets.justia.com/docket/california/candce/4:2022cv06715/403001\">a federal lawsuit against the Sonoma County Sheriff’s Office\u003c/a> and the deputy who shot him. “And for those folks out there who are relying on some oversight … to just get turned a cold shoulder like this is indefensible, and it’s a misapplication of the attorney general’s duty under the law.”\u003c/p>\n\u003cp>In that case, even the Sonoma County district attorney has complained that the state Justice Department needed to be more transparent about its decision to not investigate.\u003c/p>\n\u003cp>The two authors of the original bill creating the program refused to comment on the way the Justice Department has been handling cases. One is Assemblymember Kevin McCarty, the Sacramento Democrat whose spokesperson said he would soon introduce legislation expanding the Justice Department’s mandate to investigate all deaths at the hands of law enforcement. The other is Attorney General Rob Bonta, a former legislator who now heads the Justice Department.\u003c/p>\n\u003cp>Other legislators heavily involved with policing also refused to comment. A spokesperson for Assemblymember Reggie Jones-Sawyer, a Los Angeles Democrat and chair of the Assembly Public Safety Committee, said he would issue a statement, then stopped returning calls and text messages.\u003c/p>\n\u003cp>No one, it seemed, wanted to talk. A number of the groups who were registered supporters of the original legislation creating the Justice Department program didn’t return calls or emails from CalMatters, or declined to comment. One person who wouldn’t be quoted by name said that the groups worried that publicizing each call from a law enforcement agency would make the agencies less likely to report their shootings in the future.\u003c/p>\n\u003cp>“There should be some record, a digital record, that a telephone call was made,” said David Loy, legal director of the First Amendment Coalition. “Incoming and outgoing calls, even if it’s only to record … the fact that a call was made should be [available]. I mean, my cellphone bill has a record. Every call that came in and out of my cellphone, that’s a record that exists. I can’t believe that the state doesn’t have a similar record.”\u003c/p>\n\u003ch2>Shot shoeless in a creek\u003c/h2>\n\u003cp>One of the calls the Justice Department chose not to investigate came from the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>At about 7:30 a.m. on July 29, 2022, Sonoma County dispatchers took a call about a man breaking a house’s window with a rock. Deputies found 36-year-old David Pelaez Chavez in a hilly area and tried to communicate with him in Spanish, according to \u003ca href=\"https://norcalpublicmedia.org/2022081580725/news-feed/sheriff-s-office-releases-body-cam-footage-audio-in-chavez-killing\">body camera footage\u003c/a> released by the Sonoma County Sheriff’s Office.\u003c/p>\n\u003cp>The deputies did not tell Pelaez Chavez in Spanish to drop the hammer and tiller he was holding in one hand, and the rock he held in the other. As he bent over, standing shoeless in a creek, a deputy shot and killed him.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven't.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Izaak Schwaiger, attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a September 7 letter to Bonta, Sonoma County District Attorney Jill Ravitch \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/09-07-2022-Letter-to-Attorney-General-re-OIS-.pdf\">questioned the lack of transparency (PDF)\u003c/a> after the state turned down a potential investigation, noting: “It would be helpful to have a written explanation of how the determination was made to decline participation in the investigation … .”\u003c/p>\n\u003cp>“I was concerned that the decision had been made without enough evidence and it was a little preliminary given the situation,” \u003ca href=\"https://www.pressdemocrat.com/article/news/district-attorney-ravitch-questions-attorney-generals-decision-not-to-inve/\">Ravitch told \u003cem>The Press Democrat\u003c/em> in Santa Rosa\u003c/a>.\u003c/p>\n\u003cp>CalMatters has found that the Justice Department has struggled to meet the goals set by the police shooting law — including the attorney general’s own pledge to complete investigations in one year. Internal emails indicate that \u003ca href=\"https://calmatters.org/justice/2022/07/california-police-accountability-laws/\">Justice Department employees were worried that the new workload would overwhelm them\u003c/a>. Department officials also have complained that \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2223/FY2223_ORG0820_BCP4943.pdf\">the Legislature slashed in half their original $26 million budget request (PDF)\u003c/a> to cover these investigations.\u003c/p>\n\u003cp>Police shootings are politically charged, and Schwaiger, the plaintiff’s attorney in the Sonoma County case, said the lack of funding means Bonta’s office has less time and fewer resources to investigate cases with little upside to the department: If you push for charges against police officers, you’ll enrage one set of constituents; if you fail to bring charges, you’ll upset a different set of voters.\u003c/p>\n\u003cp>“There’s no more labor-intensive investigation that can be done than the investigation of a police officer involved in some kind of a killing,” Schwaiger said. “And there might be something to the fact that they don’t have the manpower or the money to do it.\u003c/p>\n\u003cp>“I think their earlier position upon the adoption of this law was that they’ll make it work, no matter what. The truth is, they haven’t.”\u003c/p>\n\u003cp>Investigations into police shootings of unarmed people throughout California begin when the law enforcement agency itself calls in the shooting to a Los Angeles-based 24-hour call center — these are the calls that the Justice Department has just started tracking.\u003c/p>\n\u003cp>The call center contacts an agent at the Department of Justice, who then confers with department attorneys on whether the incident could qualify as a fatal shooting of an unarmed person.\u003c/p>\n\u003cp>If the Justice Department agent finds there is enough cause, the department will send a deputy attorney general to the scene of the shooting. This had happened 49 times as of Jan. 16. After processing the scene, Justice Department attorneys then decide whether to take up the case.\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/11939340/state-justice-department-fails-to-probe-or-even-log-multiple-police-shootings-of-possibly-unarmed-people","authors":["byline_news_11939340"],"categories":["news_6188","news_8"],"tags":["news_3014","news_31984","news_2240","news_4379"],"affiliates":["news_18481"],"featImg":"news_11939403","label":"news_18481"},"news_11864335":{"type":"posts","id":"news_11864335","meta":{"index":"posts_1591205157","site":"news","id":"11864335","score":null,"sort":[1615581485000]},"guestAuthors":[],"slug":"ag-becerra-takes-heat-for-dojs-move-to-restrict-release-of-gun-violence-data","title":"AG Becerra Takes Heat for DOJ's Move to Restrict Release of Gun Violence Data","publishDate":1615581485,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>With one foot already out the door, state Attorney General Xavier Becerra is facing criticism from gun safety advocates, researchers and some lawmakers following his department's move to limit the amount of gun-violence data it makes publicly available.\u003c/p>\n\u003cp>The state Justice Department, which Becerra leads, is considering a rule change it says is based on privacy concerns that would restrict the release of identifying information related to \u003ca href=\"https://www.kqed.org/news/11769142/shooting-of-sacramento-police-officer-highlights-underuse-of-californias-red-flag-gun-law\">gun-violence restraining orders\u003c/a>.\u003c/p>\n\u003cp>Garen Wintemute, who directs the state-funded \u003ca href=\"https://health.ucdavis.edu/vprp/UCFC/index.html\">Firearm Violence Research Center\u003c/a> at UC Davis, said that information is critical to his research process.\u003c/p>\n\u003cp>\"To find the right records, we have to know who those records might be on,\" he said. \"That information is public. DOJ has that public information aggregated at the statewide level. They are the only source of that information at the statewide level. They know that.\"\u003c/p>\n\u003cp>News of the DOJ rule change comes as Becerra prepares to leave office and move to Washington, D.C., where he is \u003ca href=\"https://www.politico.com/news/2021/03/11/senate-xavier-becerra-hhs-475335\">likely to soon be confirmed\u003c/a> as secretary of Health and Human Services in the Biden administration.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Wintemute, who's been using data from the agency for decades, said the state DOJ stopped providing identifying information in 2020 — even before announcing the potential rule change.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gun-violence\"]In a recent statement, the DOJ said it values data-driven research and its role in pushing forward smart policies that help prevent gun violence.\u003c/p>\n\u003cp>But, it added, \"We also take seriously our duty to protect Californians’ sensitive personally identifying information. The proposed draft regulations are intended to balance these concerns and establish best practices.\"\u003c/p>\n\u003cp>The DOJ said it welcomes feedback on the rule — which it's now receiving in spades.\u003c/p>\n\u003cp>Wintemute's center has used the data to study the effectiveness of California's gun-violence restraining order in preventing mass shootings, as well as other incidents of gun violence, including suicide.\u003c/p>\n\u003cp>“There are other ways to work on firearm violence that will matter without DOJ data,\" Wintemute said. \"But there are entire types of studies that can only be done with access to DOJ data.”\u003c/p>\n\u003cp>The proposed changes have many researchers scratching their heads, particularly because the state in 2016 \u003ca href=\"https://www.kqed.org/news/10898271/bill-would-fund-gun-violence-research-center-at-uc\">passed legislation\u003c/a> specifically funding Wintemute's organization in an effort to make up for the dearth of nationally available research and data.\u003c/p>\n\u003cp>Assemblymember Phil Ting, D-San Francisco, called the recent move surprising, and in response, has authored a bill to require the state DOJ to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1237\">continue sharing its data\u003c/a> with the research center.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Obviously, we've made our intentions very, very clear about how important this data is and how important this research is,\" Ting said.\u003c/p>\n\n","blocks":[],"excerpt":"News of the rule change comes as Becerra prepares to leave California, pending his likely confirmation as Health and Human Services secretary in the Biden administration.","status":"publish","parent":0,"modified":1615583172,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":451},"headData":{"title":"AG Becerra Takes Heat for DOJ's Move to Restrict Release of Gun Violence Data | KQED","description":"News of the rule change comes as Becerra prepares to leave California, pending his likely confirmation as Health and Human Services secretary in the Biden administration.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"AG Becerra Takes Heat for DOJ's Move to Restrict Release of Gun Violence Data","datePublished":"2021-03-12T20:38:05.000Z","dateModified":"2021-03-12T21:06:12.000Z","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"}}},"disqusIdentifier":"11864335 https://ww2.kqed.org/news/?p=11864335","disqusUrl":"https://ww2.kqed.org/news/2021/03/12/ag-becerra-takes-heat-for-dojs-move-to-restrict-release-of-gun-violence-data/","disqusTitle":"AG Becerra Takes Heat for DOJ's Move to Restrict Release of Gun Violence Data","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/0afca027-a98d-43a5-bc47-ace900fd4767/audio.mp3","path":"/news/11864335/ag-becerra-takes-heat-for-dojs-move-to-restrict-release-of-gun-violence-data","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With one foot already out the door, state Attorney General Xavier Becerra is facing criticism from gun safety advocates, researchers and some lawmakers following his department's move to limit the amount of gun-violence data it makes publicly available.\u003c/p>\n\u003cp>The state Justice Department, which Becerra leads, is considering a rule change it says is based on privacy concerns that would restrict the release of identifying information related to \u003ca href=\"https://www.kqed.org/news/11769142/shooting-of-sacramento-police-officer-highlights-underuse-of-californias-red-flag-gun-law\">gun-violence restraining orders\u003c/a>.\u003c/p>\n\u003cp>Garen Wintemute, who directs the state-funded \u003ca href=\"https://health.ucdavis.edu/vprp/UCFC/index.html\">Firearm Violence Research Center\u003c/a> at UC Davis, said that information is critical to his research process.\u003c/p>\n\u003cp>\"To find the right records, we have to know who those records might be on,\" he said. \"That information is public. DOJ has that public information aggregated at the statewide level. They are the only source of that information at the statewide level. They know that.\"\u003c/p>\n\u003cp>News of the DOJ rule change comes as Becerra prepares to leave office and move to Washington, D.C., where he is \u003ca href=\"https://www.politico.com/news/2021/03/11/senate-xavier-becerra-hhs-475335\">likely to soon be confirmed\u003c/a> as secretary of Health and Human Services in the Biden administration.\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>Wintemute, who's been using data from the agency for decades, said the state DOJ stopped providing identifying information in 2020 — even before announcing the potential rule change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gun-violence"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a recent statement, the DOJ said it values data-driven research and its role in pushing forward smart policies that help prevent gun violence.\u003c/p>\n\u003cp>But, it added, \"We also take seriously our duty to protect Californians’ sensitive personally identifying information. The proposed draft regulations are intended to balance these concerns and establish best practices.\"\u003c/p>\n\u003cp>The DOJ said it welcomes feedback on the rule — which it's now receiving in spades.\u003c/p>\n\u003cp>Wintemute's center has used the data to study the effectiveness of California's gun-violence restraining order in preventing mass shootings, as well as other incidents of gun violence, including suicide.\u003c/p>\n\u003cp>“There are other ways to work on firearm violence that will matter without DOJ data,\" Wintemute said. \"But there are entire types of studies that can only be done with access to DOJ data.”\u003c/p>\n\u003cp>The proposed changes have many researchers scratching their heads, particularly because the state in 2016 \u003ca href=\"https://www.kqed.org/news/10898271/bill-would-fund-gun-violence-research-center-at-uc\">passed legislation\u003c/a> specifically funding Wintemute's organization in an effort to make up for the dearth of nationally available research and data.\u003c/p>\n\u003cp>Assemblymember Phil Ting, D-San Francisco, called the recent move surprising, and in response, has authored a bill to require the state DOJ to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1237\">continue sharing its data\u003c/a> with the research center.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Obviously, we've made our intentions very, very clear about how important this data is and how important this research is,\" Ting said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11864335/ag-becerra-takes-heat-for-dojs-move-to-restrict-release-of-gun-violence-data","authors":["11200"],"categories":["news_8","news_13"],"tags":["news_3014","news_29237","news_18246","news_1103","news_17968","news_20378"],"featImg":"news_11051787","label":"news"},"news_11824453":{"type":"posts","id":"news_11824453","meta":{"index":"posts_1591205157","site":"news","id":"11824453","score":null,"sort":[1592267825000]},"guestAuthors":[],"slug":"state-attorney-general-calls-for-a-way-to-ban-problem-cops-other-police-reforms","title":"State Attorney General Calls for a Way to Ban Problem Cops, Other Police Reforms","publishDate":1592267825,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>California's attorney general threw his weight behind a long list of police reforms Monday, saying legislation is needed to create a system that would prevent bad cops from staying on the force.\u003c/p>\n\u003cp>Attorney General Xavier Becerra said he will support legislation to create some sort of certification system for police officers — so that officers who commit serious misconduct can be decertified, instead of being hired by another police agency. While most other states license peace officers and can revoke that certification, California does not certify officers at the state level.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Attorney General Xavier Becerra\"]'People from across the nation have bravely spoken up to demand change. It will take sustained work by all.'[/pullquote]\u003c/p>\n\u003cp>Becerra also said he will support legislation that sets out clear, statewide crowd control standards, bans using pepper spray against kids in juvenile facilities and reexamines the use of police with people experiencing homelessness and mental illness.\u003c/p>\n\u003cp>\"We are being forced to confront the realities of systemic inequalities and racism in our nation and in our state, on top of the ongoing pain caused by the unprecedented pandemic, COVID-19,\" Becerra said. \"People from across the nation have bravely spoken up to demand change. It will take sustained work by all.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He added, \"Our actions and reforms have to be meaningful.\"\u003c/p>\n\u003cp>But nothing Becerra set out will be implemented immediately, at least not beyond the agency he oversees, the state Department of Justice. In fact, many of the policies Becerra endorsed are simply recommendations he is urging individual law enforcement agencies around California to implement. They include:\u003c/p>\n\u003cul>\n\u003cli>requiring police to intervene if another officer uses excessive force\u003c/li>\n\u003cli>requiring police to use deescalation techniques and verbal warnings before force is used\u003c/li>\n\u003cli>banning chokeholds and carotid restraints\u003c/li>\n\u003cli>using deadly force only as a last result\u003c/li>\n\u003cli>creating guidance on proportionality\u003c/li>\n\u003cli>prohibiting shooting from a moving vehicle, unless there's an imminent threat to human life\u003c/li>\n\u003cli>comprehensive reporting when force is used\u003c/li>\n\u003cli>banning \"bite and hold\" canine techniques.\u003c/li>\n\u003c/ul>\n\u003cp>Becerra noted that under a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB230\">law\u003c/a> set to take effect in January, police departments will be required to update use-of-force rules to include much of the above. He urged them not to wait until then to implement those policies — and said many departments are already contemplating rolling them out sooner than next year.\u003c/p>\n\u003cp>\"Let's see if we can accelerate that,\" he said. \"Let's see if we can show people that we can start doing this work without having to be required.\"\u003c/p>\n\u003cp>But John Crew, a retired ACLU attorney who spent decades on police reform efforts in California, said he was disappointed by Becerra's decision to push what he called \"voluntary\" reforms instead of using the power he has as attorney general to investigate and force law enforcement agencies to change.\u003c/p>\n\u003cp>[aside tag=\"george-floyd\" label=\"related coverage\"]\u003c/p>\n\u003cp>\"These are all things that have been on the table for a long time — and people understand that voluntary reform doesn't work,\" he said. \"What's newsworthy is what's not here.\"\u003c/p>\n\u003cp>Becerra on Monday noted several voluntary reform efforts his office has undertaken, as well as stronger pattern and practice investigations underway into the Kern County Sheriff's Office and Bakersfield Police Department. He did not undertake that stronger intervention in Vallejo, where the attorney general's office is undertaking a voluntary \"\u003ca href=\"https://www.kqed.org/news/11823146/state-attorney-general-to-review-and-reform-vallejo-police-department-following-fatal-shooting\" target=\"_blank\" rel=\"noopener noreferrer\">review and reform\u003c/a>\" effort.\u003c/p>\n\u003cp>Crew said he would like to see Becerra distance himself from police unions, in part by refusing to take political donations from those groups. Those unions are generally the biggest hurdle to passing legislation that could lead to real police reform, Crew said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Jose, San Francisco and Los Angeles police unions made their own call for reforms Sunday, including suggesting the creation of a national database of officers fired for serious misconduct, to prevent them from being hired elsewhere.\u003c/p>\n\n","blocks":[],"excerpt":"While most other states license peace officers and can revoke that certification, California does not certify officers at the state level.","status":"publish","parent":0,"modified":1592270074,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":651},"headData":{"title":"State Attorney General Calls for a Way to Ban Problem Cops, Other Police Reforms | KQED","description":"While most other states license peace officers and can revoke that certification, California does not certify officers at the state level.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Attorney General Calls for a Way to Ban Problem Cops, Other Police Reforms","datePublished":"2020-06-16T00:37:05.000Z","dateModified":"2020-06-16T01:14:34.000Z","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"}}},"disqusIdentifier":"11824453 https://ww2.kqed.org/news/?p=11824453","disqusUrl":"https://ww2.kqed.org/news/2020/06/15/state-attorney-general-calls-for-a-way-to-ban-problem-cops-other-police-reforms/","disqusTitle":"State Attorney General Calls for a Way to Ban Problem Cops, Other Police Reforms","path":"/news/11824453/state-attorney-general-calls-for-a-way-to-ban-problem-cops-other-police-reforms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California's attorney general threw his weight behind a long list of police reforms Monday, saying legislation is needed to create a system that would prevent bad cops from staying on the force.\u003c/p>\n\u003cp>Attorney General Xavier Becerra said he will support legislation to create some sort of certification system for police officers — so that officers who commit serious misconduct can be decertified, instead of being hired by another police agency. While most other states license peace officers and can revoke that certification, California does not certify officers at the state level.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'People from across the nation have bravely spoken up to demand change. It will take sustained work by all.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Attorney General Xavier Becerra","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Becerra also said he will support legislation that sets out clear, statewide crowd control standards, bans using pepper spray against kids in juvenile facilities and reexamines the use of police with people experiencing homelessness and mental illness.\u003c/p>\n\u003cp>\"We are being forced to confront the realities of systemic inequalities and racism in our nation and in our state, on top of the ongoing pain caused by the unprecedented pandemic, COVID-19,\" Becerra said. \"People from across the nation have bravely spoken up to demand change. It will take sustained work by all.\"\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>He added, \"Our actions and reforms have to be meaningful.\"\u003c/p>\n\u003cp>But nothing Becerra set out will be implemented immediately, at least not beyond the agency he oversees, the state Department of Justice. In fact, many of the policies Becerra endorsed are simply recommendations he is urging individual law enforcement agencies around California to implement. They include:\u003c/p>\n\u003cul>\n\u003cli>requiring police to intervene if another officer uses excessive force\u003c/li>\n\u003cli>requiring police to use deescalation techniques and verbal warnings before force is used\u003c/li>\n\u003cli>banning chokeholds and carotid restraints\u003c/li>\n\u003cli>using deadly force only as a last result\u003c/li>\n\u003cli>creating guidance on proportionality\u003c/li>\n\u003cli>prohibiting shooting from a moving vehicle, unless there's an imminent threat to human life\u003c/li>\n\u003cli>comprehensive reporting when force is used\u003c/li>\n\u003cli>banning \"bite and hold\" canine techniques.\u003c/li>\n\u003c/ul>\n\u003cp>Becerra noted that under a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB230\">law\u003c/a> set to take effect in January, police departments will be required to update use-of-force rules to include much of the above. He urged them not to wait until then to implement those policies — and said many departments are already contemplating rolling them out sooner than next year.\u003c/p>\n\u003cp>\"Let's see if we can accelerate that,\" he said. \"Let's see if we can show people that we can start doing this work without having to be required.\"\u003c/p>\n\u003cp>But John Crew, a retired ACLU attorney who spent decades on police reform efforts in California, said he was disappointed by Becerra's decision to push what he called \"voluntary\" reforms instead of using the power he has as attorney general to investigate and force law enforcement agencies to change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"george-floyd","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"These are all things that have been on the table for a long time — and people understand that voluntary reform doesn't work,\" he said. \"What's newsworthy is what's not here.\"\u003c/p>\n\u003cp>Becerra on Monday noted several voluntary reform efforts his office has undertaken, as well as stronger pattern and practice investigations underway into the Kern County Sheriff's Office and Bakersfield Police Department. He did not undertake that stronger intervention in Vallejo, where the attorney general's office is undertaking a voluntary \"\u003ca href=\"https://www.kqed.org/news/11823146/state-attorney-general-to-review-and-reform-vallejo-police-department-following-fatal-shooting\" target=\"_blank\" rel=\"noopener noreferrer\">review and reform\u003c/a>\" effort.\u003c/p>\n\u003cp>Crew said he would like to see Becerra distance himself from police unions, in part by refusing to take political donations from those groups. Those unions are generally the biggest hurdle to passing legislation that could lead to real police reform, Crew said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Jose, San Francisco and Los Angeles police unions made their own call for reforms Sunday, including suggesting the creation of a national database of officers fired for serious misconduct, to prevent them from being hired elsewhere.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11824453/state-attorney-general-calls-for-a-way-to-ban-problem-cops-other-police-reforms","authors":["3239"],"categories":["news_6188","news_8","news_13"],"tags":["news_3014","news_27626","news_27858","news_18046","news_20378"],"featImg":"news_11824503","label":"news"},"news_11798901":{"type":"posts","id":"news_11798901","meta":{"index":"posts_1591205157","site":"news","id":"11798901","score":null,"sort":[1580353500000]},"guestAuthors":[],"slug":"state-attorney-general-must-disclose-police-misconduct-files-on-local-cops-appeals-court-rules","title":"State Attorney General Must Disclose Police Misconduct Files on Local Cops, Appeals Court Rules","publishDate":1580353500,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A California appeals court rejected Wednesday the state attorney general's withholding of thousands of records on police misconduct and shootings made public by a landmark transparency law last year.\u003c/p>\n\u003cp>In a published opinion, a three-judge panel based in San Francisco found that California law \"enshrines the value this state has long placed on government transparency and public access to information concerning the conduct of the people's business.\" The judges ruled that the new transparency law, Senate Bill 1421, acknowledged \"the extraordinary authority vested in peace officers and the serious harms occasioned by misuse of that authority.\"[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>A representative from the Attorney General's Office wrote in an email that it is reviewing the opinion. Attorney General Xavier Becerra may appeal further, including to the state Supreme Court.\u003c/p>\n\u003cp>KQED helped form a coalition of 40 California news organizations in late 2018 to obtain and report on previously secret law enforcement records made accessible under SB 1421. The coalition has also fought numerous legal battles to ensure broad public access in what was one of the most secretive states regarding the conduct of police officers.\u003c/p>\n\u003cp>\"This ruling from the appeals court is a victory for truth and transparency — but it is not just that,\" said Ethan Lindsey, executive editor of News for KQED. \"This should be a marker for agencies around the state who continue to withhold public documents. The ruling shows that the public deserves to see these records.\"\u003c/p>\n\u003cp>In early 2019, Becerra stalled responses to public records requests seeking information under the new law, arguing that he should wait for further direction from courts throughout California who were fielding challenges to the law filed by law enforcement unions. Those court filings argued that information from cases that occurred before the law took effect should remain secret. Many law enforcement agencies \u003ca href=\"https://www.kqed.org/news/11724499/cities-use-state-attorney-general-letter-to-fight-release-of-police-misconduct-files\" target=\"_blank\" rel=\"noopener noreferrer\">seized\u003c/a> on Becerra's position to delay releasing records.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records\" target=\"_blank\" rel=\"noopener noreferrer\">joined\u003c/a> the San Rafael-based First Amendment Coalition last March in a lawsuit aiming to force release of records covered by SB 1421, which include sexual assault and dishonesty by peace officers, as well as any use of force resulting in serious injury and any shooting by law enforcement officers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The attorney general refused to budge, however, until a few weeks later when a coalition of news organizations, including KQED and the Bay Area News Group, won a \u003ca href=\"https://www.kqed.org/news/11736667/bay-area-ruling-could-fast-track-access-to-police-records-under-new-law\" target=\"_blank\" rel=\"noopener noreferrer\">separate state appeals court ruling\u003c/a> that all such records, regardless of when they were created, should be disclosed.\u003c/p>\n\u003cp>But even then, the state Department of Justice released only a few case files — those pertaining to misconduct by state agents, arguing that it was not required to provide thousands, and maybe more, files regarding investigations into local police officers and sheriff's deputies. Nearly a year later, the courts and public remain unclear on exactly what police misconduct and shooting investigations the state Department of Justice may possess.\u003c/p>\n\u003cp>\"There is no indication what kinds of records, if any, the Department may generate when it conducts an independent investigation of a law enforcement agency or when it reviews an agency's decision not to file charges in connection with an incident,\" the opinion says.\u003c/p>\n\u003cp>Judges strongly rejected the attorney general's arguments that SB 1421 should only require release of records related to an agency's own employees. The court found that the Legislature could easily have worded the law that way, and it did not.\u003c/p>\n\u003cp>\"[W]e will not add words it has chosen to omit,\" the opinion says.\u003c/p>\n\u003cp>The attorney general has argued that providing the Department of Justice's misconduct files would be a huge burden largely duplicative of what the public can obtain directly from any local law enforcement agency. But the DOJ also conducts its own investigations and creates its own files on those cases.\u003c/p>\n\u003cp>The state appeals court found that the attorney general may still be able to withhold some files that would be too difficult to release, but it must do so by making a case-by-case argument that the benefit of nondisclosure outweighs the public benefit of release.\u003c/p>\n\u003cp>\"I think the court recognized the importance of SB 1421, the fact that it was a transformative piece of legislation, and when combined with the public records act, it provides a powerful tool for the public to gain access to records of police misconduct and serious use of force,\" said Glen Smith, the First Amendment Coalition's litigation director.\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The ruling stems from a lawsuit filed by KQED and the San Rafael-based First Amendment Coalition aiming to force public access to files on police misconduct and serious use of force.","status":"publish","parent":0,"modified":1580697192,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":809},"headData":{"title":"State Attorney General Must Disclose Police Misconduct Files on Local Cops, Appeals Court Rules | KQED","description":"The ruling stems from a lawsuit filed by KQED and the San Rafael-based First Amendment Coalition aiming to force public access to files on police misconduct and serious use of force.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Attorney General Must Disclose Police Misconduct Files on Local Cops, Appeals Court Rules","datePublished":"2020-01-30T03:05:00.000Z","dateModified":"2020-02-03T02:33:12.000Z","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"}}},"disqusIdentifier":"11798901 https://ww2.kqed.org/news/?p=11798901","disqusUrl":"https://ww2.kqed.org/news/2020/01/29/state-attorney-general-must-disclose-police-misconduct-files-on-local-cops-appeals-court-rules/","disqusTitle":"State Attorney General Must Disclose Police Misconduct Files on Local Cops, Appeals Court Rules","path":"/news/11798901/state-attorney-general-must-disclose-police-misconduct-files-on-local-cops-appeals-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A California appeals court rejected Wednesday the state attorney general's withholding of thousands of records on police misconduct and shootings made public by a landmark transparency law last year.\u003c/p>\n\u003cp>In a published opinion, a three-judge panel based in San Francisco found that California law \"enshrines the value this state has long placed on government transparency and public access to information concerning the conduct of the people's business.\" The judges ruled that the new transparency law, Senate Bill 1421, acknowledged \"the extraordinary authority vested in peace officers and the serious harms occasioned by misuse of that authority.\"\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A representative from the Attorney General's Office wrote in an email that it is reviewing the opinion. Attorney General Xavier Becerra may appeal further, including to the state Supreme Court.\u003c/p>\n\u003cp>KQED helped form a coalition of 40 California news organizations in late 2018 to obtain and report on previously secret law enforcement records made accessible under SB 1421. The coalition has also fought numerous legal battles to ensure broad public access in what was one of the most secretive states regarding the conduct of police officers.\u003c/p>\n\u003cp>\"This ruling from the appeals court is a victory for truth and transparency — but it is not just that,\" said Ethan Lindsey, executive editor of News for KQED. \"This should be a marker for agencies around the state who continue to withhold public documents. The ruling shows that the public deserves to see these records.\"\u003c/p>\n\u003cp>In early 2019, Becerra stalled responses to public records requests seeking information under the new law, arguing that he should wait for further direction from courts throughout California who were fielding challenges to the law filed by law enforcement unions. Those court filings argued that information from cases that occurred before the law took effect should remain secret. Many law enforcement agencies \u003ca href=\"https://www.kqed.org/news/11724499/cities-use-state-attorney-general-letter-to-fight-release-of-police-misconduct-files\" target=\"_blank\" rel=\"noopener noreferrer\">seized\u003c/a> on Becerra's position to delay releasing records.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records\" target=\"_blank\" rel=\"noopener noreferrer\">joined\u003c/a> the San Rafael-based First Amendment Coalition last March in a lawsuit aiming to force release of records covered by SB 1421, which include sexual assault and dishonesty by peace officers, as well as any use of force resulting in serious injury and any shooting by law enforcement officers.\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 attorney general refused to budge, however, until a few weeks later when a coalition of news organizations, including KQED and the Bay Area News Group, won a \u003ca href=\"https://www.kqed.org/news/11736667/bay-area-ruling-could-fast-track-access-to-police-records-under-new-law\" target=\"_blank\" rel=\"noopener noreferrer\">separate state appeals court ruling\u003c/a> that all such records, regardless of when they were created, should be disclosed.\u003c/p>\n\u003cp>But even then, the state Department of Justice released only a few case files — those pertaining to misconduct by state agents, arguing that it was not required to provide thousands, and maybe more, files regarding investigations into local police officers and sheriff's deputies. Nearly a year later, the courts and public remain unclear on exactly what police misconduct and shooting investigations the state Department of Justice may possess.\u003c/p>\n\u003cp>\"There is no indication what kinds of records, if any, the Department may generate when it conducts an independent investigation of a law enforcement agency or when it reviews an agency's decision not to file charges in connection with an incident,\" the opinion says.\u003c/p>\n\u003cp>Judges strongly rejected the attorney general's arguments that SB 1421 should only require release of records related to an agency's own employees. The court found that the Legislature could easily have worded the law that way, and it did not.\u003c/p>\n\u003cp>\"[W]e will not add words it has chosen to omit,\" the opinion says.\u003c/p>\n\u003cp>The attorney general has argued that providing the Department of Justice's misconduct files would be a huge burden largely duplicative of what the public can obtain directly from any local law enforcement agency. But the DOJ also conducts its own investigations and creates its own files on those cases.\u003c/p>\n\u003cp>The state appeals court found that the attorney general may still be able to withhold some files that would be too difficult to release, but it must do so by making a case-by-case argument that the benefit of nondisclosure outweighs the public benefit of release.\u003c/p>\n\u003cp>\"I think the court recognized the importance of SB 1421, the fact that it was a transformative piece of legislation, and when combined with the public records act, it provides a powerful tool for the public to gain access to records of police misconduct and serious use of force,\" said Glen Smith, the First Amendment Coalition's litigation director.\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11798901/state-attorney-general-must-disclose-police-misconduct-files-on-local-cops-appeals-court-rules","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_3014","news_24767","news_24770"],"featImg":"news_11798944","label":"news"},"news_11750358":{"type":"posts","id":"news_11750358","meta":{"index":"posts_1591205157","site":"news","id":"11750358","score":null,"sort":[1559082602000]},"guestAuthors":[],"slug":"california-attorney-general-releases-records-of-agent-fired-for-lies-and-racist-comments","title":"California Attorney General Releases Records of Agent Fired for Lies and Racist Comments","publishDate":1559082602,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A high-ranking member of a state-run narcotics task force in Southern California was fired after an investigation found he had lied about having a long-term sexual relationship with a subordinate and had threatened the woman in an attempt to keep their affair secret, documents released under the state's new police transparency law show.\u003c/p>\n\u003cp>Details of the investigation, which in 2010 led to the dismissal of William Telish, the senior special agent in charge of the California Department of Justice’s Bureau of Narcotics Enforcement in Riverside, were among the first records released by the state Department of Justice under the law.[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>Attorney General Xavier Becerra had \u003ca href=\"https://www.kqed.org/news/11723281/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law\" target=\"_blank\" rel=\"noopener\">withheld\u003c/a> the department’s misconduct records, citing police unions’ challenges to the law and the need for clearer direction on how to comply with it. The attorney general’s office produced the records in response to a San Francisco judge’s \u003ca href=\"https://www.kqed.org/news/11747908/s-f-court-rejects-state-attorney-generals-stalling-rules-for-release-of-police-records\" target=\"_blank\" rel=\"noopener\">ruling\u003c/a> earlier this month in a lawsuit by the First Amendment Coalition and KQED seeking their release under the law, SB 1421.\u003c/p>\n\u003cp>Telish fought the firing in a series of administrative and court actions that lasted into 2015. He still disputes the grounds for his dismissal, which he says was wrong.\u003c/p>\n\u003cp>According to an investigative report included in 253 pages of newly disclosed documents, Telish lied to supervisors about his relationship with a woman, Linda Drylie, who worked for him when he was the director of LA Impact, an interagency drug-trafficking task force for the DOJ.\u003c/p>\n\u003cp>Drylie’s name was redacted in the DOJ report, but she filed her own lawsuit in 2011 against Telish and the state agency alleging assault, battery and emotional distress. Telish countersued. Both lawsuits were dismissed later that year. Telish said they settled out of court.\u003c/p>\n\u003cp>Drylie did not respond to request for comment.\u003cbr>\n[ad fullwidth]\u003cbr>\nThe report said Telish tried to keep the relationship secret, but that his superiors heard of it after Drylie reportedly confided in co-workers about the affair. Investigators found Telish lied both to a supervisor who asked him directly about the rumored relationship and to other officials at LA Impact.\u003c/p>\n\u003cp>The report said Telish then confronted the woman and demanded she tell one of his superiors she had made up the story about their affair. She later told investigators Telish had over 100 sexually explicit photos of her and that he threatened to send the images to her son and others unless she denied the affair. She told investigators Telish coached her on what to say. “He made me perjure myself,” the report quotes her as saying.\u003c/p>\n\u003cp>Telish said he never threatened or pressured Drylie in any way.\u003c/p>\n\u003cp>The Department of Justice launched its investigation into Telish after Drylie left her state job in 2008 and took a position as an assistant to the police chief in the Orange County town of Placentia.\u003c/p>\n\u003cp>In December 2009, the state investigative report recounted, the chief filed a complaint with the state after Drylie told him Telish had assaulted her. The report says Telish held her down on a couch “while trying to review her cellphone messages and call log to determine if she was dating other men.”\u003c/p>\n\u003cp>The Department of Justice opened a criminal inquiry. An investigator directed Drylie to record her telephone calls with Telish and to try to get him to talk about his past alleged threats and assault.\u003c/p>\n\u003cp>In one of the eight recorded conversations, Telish appears to agree with the account that he had held her down while he inspected her phone, according to the documents.\u003c/p>\n\u003cp>The report says Telish was also recorded using a racist slur to refer to an African American supervisor, calling Italian Americans “dirty whiteys” and making sexually degrading comments during the taped calls. The Department of Justice cited those statements in Telish’s termination notice, saying the comments “caused extreme and irreparable discredit to the department.”\u003c/p>\n\u003cp>Telish said he didn’t remember making those statements, but if he did, it was “banter.”\u003c/p>\n\u003cp>Other grounds for Telish’s July 2010 dismissal included “inexcusable neglect of duty,” dishonesty, discourteous treatment of the public or other employees, willful disobedience, misuse of state property, violations of rules regulating use of state time or facilities for private gain, and “other failure of good behavior either during or outside duty hours which is of such a nature that it causes discredit” to the state.\u003c/p>\n\u003cp>The alleged assault was referred to Orange County prosecutors, who declined to file charges.\u003c/p>\n\u003cp>Telish challenged his firing in appeals to the State Personnel Board, which issued a final ruling against him in August 2011. He then filed lawsuit in Los Angeles County Superior Court. The main basis for Telish’s court challenge was an assertion that the phone recordings were improper and should have been inadmissible in his employment case.\u003c/p>\n\u003cp>In court papers, Telish’s attorneys said the calls were part of a \"sham\" criminal investigation. The Superior Court rejected that argument, as did the state’s 2nd District Court of Appeal.\u003c/p>\n\u003cp>“A participant may properly record a telephone conversation at the direction of a law enforcement officer, acting within the course of his or her authority, in the course of a criminal investigation.” the appeals panel ruled in March 2015.\u003c/p>\n\u003cp>Telish said in an interview last week he still feels the state’s investigation and his firing were unfair.\u003c/p>\n\u003cp>“I had an unblemished career until that point,” Telish said. “I felt they shouldn’t be taking my career away.”\u003c/p>\n\u003cp>The newly released investigative report includes a summary of Telish’s climb with the Department of Justice, where he went to work in 1996. He rose through a series of promotions up to being named one of the top state law enforcement officers in Southern California.\u003c/p>\n\u003cp>The final promotion came just three months before the altercation with Drylie.\u003c/p>\n\u003cp>“This has ruined my life. I’m just trying to get along now, and for what?” he said. “If I’m this bad guy they talk about, how did I get as high (in the ranks of the Department of Justice) as I did?”\u003c/p>\n\u003cp>Asked this week how Telish rose so far in the DOJ, given the charges against him, a spokeswoman responded in an email, \"The department did not know of the misconduct that formed the basis for the adverse action until receiving the report of the alleged assault. The matter was then promptly investigated and he was terminated.”\u003c/p>\n\u003cp>The Department of Justice also released an internal investigation file on the former head of a Santa Clara County drug task force, Danielle Ayers, who was \u003ca href=\"https://www.mercurynews.com/2019/05/23/state-law-enforcement-officer-running-santa-clara-drug-task-force-fired-for-lying-about-stealing-restaurant-mugs-and-destroying-10-pounds-of-pot/\" target=\"_blank\" rel=\"noopener\">fired in 2015\u003c/a> for lying about an apparent prank to steal copper mugs from a restaurant and for reportedly destroying 10 pounds of marijuana and suggesting the evidence could be replaced by taking drugs associated with another case.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Records among the first released by the state Department of Justice under a new transparency law detail the 2010 firing of a supervising special agent heading a narcotics task force in Southern California.","status":"publish","parent":0,"modified":1559082602,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1207},"headData":{"title":"California Attorney General Releases Records of Agent Fired for Lies and Racist Comments | KQED","description":"Records among the first released by the state Department of Justice under a new transparency law detail the 2010 firing of a supervising special agent heading a narcotics task force in Southern California.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Attorney General Releases Records of Agent Fired for Lies and Racist Comments","datePublished":"2019-05-28T22:30:02.000Z","dateModified":"2019-05-28T22:30:02.000Z","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"}}},"disqusIdentifier":"11750358 https://ww2.kqed.org/news/?p=11750358","disqusUrl":"https://ww2.kqed.org/news/2019/05/28/california-attorney-general-releases-records-of-agent-fired-for-lies-and-racist-comments/","disqusTitle":"California Attorney General Releases Records of Agent Fired for Lies and Racist Comments","path":"/news/11750358/california-attorney-general-releases-records-of-agent-fired-for-lies-and-racist-comments","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A high-ranking member of a state-run narcotics task force in Southern California was fired after an investigation found he had lied about having a long-term sexual relationship with a subordinate and had threatened the woman in an attempt to keep their affair secret, documents released under the state's new police transparency law show.\u003c/p>\n\u003cp>Details of the investigation, which in 2010 led to the dismissal of William Telish, the senior special agent in charge of the California Department of Justice’s Bureau of Narcotics Enforcement in Riverside, were among the first records released by the state Department of Justice under the law.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"police-records","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/Police-Art_1-1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Attorney General Xavier Becerra had \u003ca href=\"https://www.kqed.org/news/11723281/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law\" target=\"_blank\" rel=\"noopener\">withheld\u003c/a> the department’s misconduct records, citing police unions’ challenges to the law and the need for clearer direction on how to comply with it. The attorney general’s office produced the records in response to a San Francisco judge’s \u003ca href=\"https://www.kqed.org/news/11747908/s-f-court-rejects-state-attorney-generals-stalling-rules-for-release-of-police-records\" target=\"_blank\" rel=\"noopener\">ruling\u003c/a> earlier this month in a lawsuit by the First Amendment Coalition and KQED seeking their release under the law, SB 1421.\u003c/p>\n\u003cp>Telish fought the firing in a series of administrative and court actions that lasted into 2015. He still disputes the grounds for his dismissal, which he says was wrong.\u003c/p>\n\u003cp>According to an investigative report included in 253 pages of newly disclosed documents, Telish lied to supervisors about his relationship with a woman, Linda Drylie, who worked for him when he was the director of LA Impact, an interagency drug-trafficking task force for the DOJ.\u003c/p>\n\u003cp>Drylie’s name was redacted in the DOJ report, but she filed her own lawsuit in 2011 against Telish and the state agency alleging assault, battery and emotional distress. Telish countersued. Both lawsuits were dismissed later that year. Telish said they settled out of court.\u003c/p>\n\u003cp>Drylie did not respond to request for comment.\u003cbr>\n\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>\u003cbr>\nThe report said Telish tried to keep the relationship secret, but that his superiors heard of it after Drylie reportedly confided in co-workers about the affair. Investigators found Telish lied both to a supervisor who asked him directly about the rumored relationship and to other officials at LA Impact.\u003c/p>\n\u003cp>The report said Telish then confronted the woman and demanded she tell one of his superiors she had made up the story about their affair. She later told investigators Telish had over 100 sexually explicit photos of her and that he threatened to send the images to her son and others unless she denied the affair. She told investigators Telish coached her on what to say. “He made me perjure myself,” the report quotes her as saying.\u003c/p>\n\u003cp>Telish said he never threatened or pressured Drylie in any way.\u003c/p>\n\u003cp>The Department of Justice launched its investigation into Telish after Drylie left her state job in 2008 and took a position as an assistant to the police chief in the Orange County town of Placentia.\u003c/p>\n\u003cp>In December 2009, the state investigative report recounted, the chief filed a complaint with the state after Drylie told him Telish had assaulted her. The report says Telish held her down on a couch “while trying to review her cellphone messages and call log to determine if she was dating other men.”\u003c/p>\n\u003cp>The Department of Justice opened a criminal inquiry. An investigator directed Drylie to record her telephone calls with Telish and to try to get him to talk about his past alleged threats and assault.\u003c/p>\n\u003cp>In one of the eight recorded conversations, Telish appears to agree with the account that he had held her down while he inspected her phone, according to the documents.\u003c/p>\n\u003cp>The report says Telish was also recorded using a racist slur to refer to an African American supervisor, calling Italian Americans “dirty whiteys” and making sexually degrading comments during the taped calls. The Department of Justice cited those statements in Telish’s termination notice, saying the comments “caused extreme and irreparable discredit to the department.”\u003c/p>\n\u003cp>Telish said he didn’t remember making those statements, but if he did, it was “banter.”\u003c/p>\n\u003cp>Other grounds for Telish’s July 2010 dismissal included “inexcusable neglect of duty,” dishonesty, discourteous treatment of the public or other employees, willful disobedience, misuse of state property, violations of rules regulating use of state time or facilities for private gain, and “other failure of good behavior either during or outside duty hours which is of such a nature that it causes discredit” to the state.\u003c/p>\n\u003cp>The alleged assault was referred to Orange County prosecutors, who declined to file charges.\u003c/p>\n\u003cp>Telish challenged his firing in appeals to the State Personnel Board, which issued a final ruling against him in August 2011. He then filed lawsuit in Los Angeles County Superior Court. The main basis for Telish’s court challenge was an assertion that the phone recordings were improper and should have been inadmissible in his employment case.\u003c/p>\n\u003cp>In court papers, Telish’s attorneys said the calls were part of a \"sham\" criminal investigation. The Superior Court rejected that argument, as did the state’s 2nd District Court of Appeal.\u003c/p>\n\u003cp>“A participant may properly record a telephone conversation at the direction of a law enforcement officer, acting within the course of his or her authority, in the course of a criminal investigation.” the appeals panel ruled in March 2015.\u003c/p>\n\u003cp>Telish said in an interview last week he still feels the state’s investigation and his firing were unfair.\u003c/p>\n\u003cp>“I had an unblemished career until that point,” Telish said. “I felt they shouldn’t be taking my career away.”\u003c/p>\n\u003cp>The newly released investigative report includes a summary of Telish’s climb with the Department of Justice, where he went to work in 1996. He rose through a series of promotions up to being named one of the top state law enforcement officers in Southern California.\u003c/p>\n\u003cp>The final promotion came just three months before the altercation with Drylie.\u003c/p>\n\u003cp>“This has ruined my life. I’m just trying to get along now, and for what?” he said. “If I’m this bad guy they talk about, how did I get as high (in the ranks of the Department of Justice) as I did?”\u003c/p>\n\u003cp>Asked this week how Telish rose so far in the DOJ, given the charges against him, a spokeswoman responded in an email, \"The department did not know of the misconduct that formed the basis for the adverse action until receiving the report of the alleged assault. The matter was then promptly investigated and he was terminated.”\u003c/p>\n\u003cp>The Department of Justice also released an internal investigation file on the former head of a Santa Clara County drug task force, Danielle Ayers, who was \u003ca href=\"https://www.mercurynews.com/2019/05/23/state-law-enforcement-officer-running-santa-clara-drug-task-force-fired-for-lying-about-stealing-restaurant-mugs-and-destroying-10-pounds-of-pot/\" target=\"_blank\" rel=\"noopener\">fired in 2015\u003c/a> for lying about an apparent prank to steal copper mugs from a restaurant and for reportedly destroying 10 pounds of marijuana and suggesting the evidence could be replaced by taking drugs associated with another case.\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/11750358/california-attorney-general-releases-records-of-agent-fired-for-lies-and-racist-comments","authors":["6625"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_3014","news_25303","news_24767","news_20378"],"featImg":"news_11750406","label":"news_72"},"news_11730624":{"type":"posts","id":"news_11730624","meta":{"index":"posts_1591205157","site":"news","id":"11730624","score":null,"sort":[1551824715000]},"guestAuthors":[],"slug":"kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records","title":"KQED Sues Attorney General, Seeking Access to Police Misconduct and Shooting Records","publishDate":1551824715,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>KQED joined in a lawsuit against the California Department of Justice and Attorney General Xavier Becerra Tuesday, seeking to compel the release of serious police misconduct and use-of-force records \u003ca href=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\" rel=\"noopener\">unsealed\u003c/a> by a new state law.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition originally \u003ca href=\"https://www.kqed.org/news/11725980/first-amendment-group-sues-state-ag-over-withholding-police-records\" target=\"_blank\" rel=\"noopener\">filed suit\u003c/a> in San Francisco Superior Court on Feb. 14, after Becerra refused to provide records of police shootings, on-the-job sexual assault and dishonesty-related officer misconduct held by the state DOJ. The attorney general argued the courts should first weigh in on “the retroactive application” of Senate Bill 1421, citing lawsuits brought by police and deputies unions throughout the state that aim to block public access to pre-2019 records.\u003cbr>\n[aside hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/RS5698_alt_830.jpg\" label=\"Police Secrets Revealed\" link1=\"https://www.kqed.org/news/11730477/impact-da-dismisses-charges-against-woman-mauled-by-rio-vista-police-dog,Impact: DA Dismisses Charges Against Woman Mauled by Rio Vista Police Dog\" link2=\"https://www.kqed.org/news/11729928/emeryville-cop-resigned-after-probe-found-he-lied-about-interactions-with-sex-workers,Emeryville Cop Resigned After Probe Found He Lied About Interactions With Sex Workers\" link3=\"https://www.kqed.org/news/11726097/california-cop-admits-stealing-thousands-of-bullets-over-30-years-escapes-theft-charges,California Cop Admits Stealing Thousands of Bullets Over 30 Years, Escapes Theft Charges\" link4=\"https://www.kqed.org/news/tag/police-records,Full Series\"]\u003cbr>\n\"There is no indication that the Legislature intended to allow records showing this type of malfeasance to remain secret, simply because they were created — or relate to conduct that occurred — in the past,\" said the amended filing Tuesday that was joined by KQED. \"To the contrary, the context of the law’s enactment, its statutory language, and statements by the bill’s author and in committee reports demonstrate the legislature’s intent to require disclosure of records of past misconduct.\"\u003c/p>\n\u003cp>Open-government and news organizations, including KQED, have opposed many of the police unions' court challenges — and judges have consistently ruled for transparency. A Contra Costa County judge issued the \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" target=\"_blank\" rel=\"noopener\">first rejection\u003c/a> of the unions' arguments on Feb. 18. Since then, courts in \u003ca href=\"https://www.latimes.com/local/lanow/la-me-police-records-los-angeles-20190219-story.html\" target=\"_blank\" rel=\"noopener\">Los Angeles\u003c/a>, \u003ca href=\"https://www.independent.com/news/2019/feb/27/judge-affirms-public-right-know-dirty-cop-cases/\" target=\"_blank\" rel=\"noopener\">Santa Barbara\u003c/a> and \u003ca href=\"https://www.ocregister.com/2019/02/28/orange-county-sheriffs-union-loses-bid-to-block-release-of-disciplinary-files-but-could-appeal/\" target=\"_blank\" rel=\"noopener\">Orange\u003c/a> counties have issued similar rulings. And on Friday, justices \u003ca href=\"https://www.documentcloud.org/documents/5759536-2019-03-01-B295936-ORDER.html\" target=\"_blank\" rel=\"noopener\">summarily denied\u003c/a> an appeal of a Los Angeles ruling. Only a Ventura County judge has ruled in favor of the unions, in a preliminary decision.\u003c/p>\n\u003cp>The San Francisco Police Officers Association \u003ca href=\"http://www.sfexaminer.com/sf-police-union-sues-block-retroactive-release-officer-files-new-transparency-law/\" target=\"_blank\" rel=\"noopener\">filed\u003c/a> similar litigation late last week, trying to block access to past records.\u003c/p>\n\u003cp>Becerra's office declined to comment Tuesday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Tuesday's amended lawsuit in San Francisco against the attorney general cites reporting on records that have been released by some agencies in response to more than 400 public records requests jointly filed by a coalition of news organizations, including KQED, the Bay Area News Group and Investigative Studios — the production arm of UC Berkeley’s Investigative Reporting Program.\u003c/p>\n\u003cp>Those records so far have exposed an officer’s attempts to \u003ca href=\"https://www.kqed.org/news/11716343/police-records-law-burlingame-cop-fired-for-asking-woman-to-trade-sex-for-help-with-charges\" target=\"_blank\" rel=\"noopener\">sexually exploit\u003c/a> an arrested woman — \u003ca href=\"https://www.kqed.org/news/11716654/san-mateo-county-da-renews-criminal-inquiry-following-release-of-police-misconduct-records\" target=\"_blank\" rel=\"noopener\">prompting prosecutors\u003c/a> to take a second look at criminal charges. They showed a former Southern California sheriff’s deputy, who also worked as an investigator for the state Department of Consumer Affairs, \u003ca href=\"https://www.kqed.org/news/11726097/california-cop-admits-stealing-thousands-of-bullets-over-30-years-escapes-theft-charges\" target=\"_blank\" rel=\"noopener\">admitted to stealing thousands\u003c/a> of rounds of ammunition over decades but was never charged with theft. And most recently, reporting on the records \u003ca href=\"https://www.kqed.org/news/11730477/impact-da-dismisses-charges-against-woman-mauled-by-rio-vista-police-dog\" target=\"_blank\" rel=\"noopener\">led to the dismissal\u003c/a> of criminal charges against a Rio Vista woman who was mauled by a police K-9.\u003cbr>\n\u003cbr>\nAttorneys representing KQED also criticized Becerra's \u003ca href=\"https://www.cjr.org/united_states_project/berkeley-becerra-police-records.php\" target=\"_blank\" rel=\"noopener\">veiled threat to take legal action against\u003c/a> UC Berkeley-based reporters for possessing records about criminal convictions of California peace officers released under a different law. The journalists rejected a Jan. 29 demand from Becerra's office to destroy the \"inadvertently provided\" records and instead published preliminary findings with \u003ca href=\"https://www.kqed.org/news/11728957/california-keeps-a-secret-list-of-criminal-cops-but-says-you-cant-have-it\" target=\"_blank\" rel=\"noopener\">KQED\u003c/a> and \u003ca href=\"https://www.mercurynews.com/2019/02/26/california-keeps-a-secret-list-of-criminal-cops-but-says-you-cant-have-it/\" target=\"_blank\" rel=\"noopener\">Bay Area News Group\u003c/a> papers about some of the thousands of law enforcement officers with criminal convictions over the past decade.\u003c/p>\n\u003cp>\"The Attorney General’s attempt to muzzle journalists who lawfully received public records about police misconduct suggests that [his office's] refusal to produce misconduct records ... here is part of a bad-faith pattern of attempting to frustrate public access about matters of the utmost public importance,\" Tuesday's amended lawsuit said.\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/5759591-2019-03-05-KQED-Adv-Cal-AG-CPRA-Petition-Re-1421\"]\u003c/p>\n\n","blocks":[],"excerpt":"The complaint argues that Becerra's actions suggest a 'bad-faith pattern of attempting to frustrate public access about matters of the utmost public importance.'","status":"publish","parent":0,"modified":1551997141,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":752},"headData":{"title":"KQED Sues Attorney General, Seeking Access to Police Misconduct and Shooting Records | KQED","description":"The complaint argues that Becerra's actions suggest a 'bad-faith pattern of attempting to frustrate public access about matters of the utmost public importance.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Sues Attorney General, Seeking Access to Police Misconduct and Shooting Records","datePublished":"2019-03-05T22:25:15.000Z","dateModified":"2019-03-07T22:19:01.000Z","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"}}},"disqusIdentifier":"11730624 https://ww2.kqed.org/news/?p=11730624","disqusUrl":"https://ww2.kqed.org/news/2019/03/05/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records/","disqusTitle":"KQED Sues Attorney General, Seeking Access to Police Misconduct and Shooting Records","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/03/KQEDLawsuitEmslieTCRAM.mp3","audioTrackLength":75,"templateType":"standard","featuredImageType":"standard","path":"/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records","audioDuration":75000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED joined in a lawsuit against the California Department of Justice and Attorney General Xavier Becerra Tuesday, seeking to compel the release of serious police misconduct and use-of-force records \u003ca href=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\" rel=\"noopener\">unsealed\u003c/a> by a new state law.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition originally \u003ca href=\"https://www.kqed.org/news/11725980/first-amendment-group-sues-state-ag-over-withholding-police-records\" target=\"_blank\" rel=\"noopener\">filed suit\u003c/a> in San Francisco Superior Court on Feb. 14, after Becerra refused to provide records of police shootings, on-the-job sexual assault and dishonesty-related officer misconduct held by the state DOJ. The attorney general argued the courts should first weigh in on “the retroactive application” of Senate Bill 1421, citing lawsuits brought by police and deputies unions throughout the state that aim to block public access to pre-2019 records.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/RS5698_alt_830.jpg","label":"Police Secrets Revealed ","link1":"https://www.kqed.org/news/11730477/impact-da-dismisses-charges-against-woman-mauled-by-rio-vista-police-dog,Impact: DA Dismisses Charges Against Woman Mauled by Rio Vista Police Dog","link2":"https://www.kqed.org/news/11729928/emeryville-cop-resigned-after-probe-found-he-lied-about-interactions-with-sex-workers,Emeryville Cop Resigned After Probe Found He Lied About Interactions With Sex Workers","link3":"https://www.kqed.org/news/11726097/california-cop-admits-stealing-thousands-of-bullets-over-30-years-escapes-theft-charges,California Cop Admits Stealing Thousands of Bullets Over 30 Years, Escapes Theft Charges","link4":"https://www.kqed.org/news/tag/police-records,Full Series"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\"There is no indication that the Legislature intended to allow records showing this type of malfeasance to remain secret, simply because they were created — or relate to conduct that occurred — in the past,\" said the amended filing Tuesday that was joined by KQED. \"To the contrary, the context of the law’s enactment, its statutory language, and statements by the bill’s author and in committee reports demonstrate the legislature’s intent to require disclosure of records of past misconduct.\"\u003c/p>\n\u003cp>Open-government and news organizations, including KQED, have opposed many of the police unions' court challenges — and judges have consistently ruled for transparency. A Contra Costa County judge issued the \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" target=\"_blank\" rel=\"noopener\">first rejection\u003c/a> of the unions' arguments on Feb. 18. Since then, courts in \u003ca href=\"https://www.latimes.com/local/lanow/la-me-police-records-los-angeles-20190219-story.html\" target=\"_blank\" rel=\"noopener\">Los Angeles\u003c/a>, \u003ca href=\"https://www.independent.com/news/2019/feb/27/judge-affirms-public-right-know-dirty-cop-cases/\" target=\"_blank\" rel=\"noopener\">Santa Barbara\u003c/a> and \u003ca href=\"https://www.ocregister.com/2019/02/28/orange-county-sheriffs-union-loses-bid-to-block-release-of-disciplinary-files-but-could-appeal/\" target=\"_blank\" rel=\"noopener\">Orange\u003c/a> counties have issued similar rulings. And on Friday, justices \u003ca href=\"https://www.documentcloud.org/documents/5759536-2019-03-01-B295936-ORDER.html\" target=\"_blank\" rel=\"noopener\">summarily denied\u003c/a> an appeal of a Los Angeles ruling. Only a Ventura County judge has ruled in favor of the unions, in a preliminary decision.\u003c/p>\n\u003cp>The San Francisco Police Officers Association \u003ca href=\"http://www.sfexaminer.com/sf-police-union-sues-block-retroactive-release-officer-files-new-transparency-law/\" target=\"_blank\" rel=\"noopener\">filed\u003c/a> similar litigation late last week, trying to block access to past records.\u003c/p>\n\u003cp>Becerra's office declined to comment Tuesday.\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>Tuesday's amended lawsuit in San Francisco against the attorney general cites reporting on records that have been released by some agencies in response to more than 400 public records requests jointly filed by a coalition of news organizations, including KQED, the Bay Area News Group and Investigative Studios — the production arm of UC Berkeley’s Investigative Reporting Program.\u003c/p>\n\u003cp>Those records so far have exposed an officer’s attempts to \u003ca href=\"https://www.kqed.org/news/11716343/police-records-law-burlingame-cop-fired-for-asking-woman-to-trade-sex-for-help-with-charges\" target=\"_blank\" rel=\"noopener\">sexually exploit\u003c/a> an arrested woman — \u003ca href=\"https://www.kqed.org/news/11716654/san-mateo-county-da-renews-criminal-inquiry-following-release-of-police-misconduct-records\" target=\"_blank\" rel=\"noopener\">prompting prosecutors\u003c/a> to take a second look at criminal charges. They showed a former Southern California sheriff’s deputy, who also worked as an investigator for the state Department of Consumer Affairs, \u003ca href=\"https://www.kqed.org/news/11726097/california-cop-admits-stealing-thousands-of-bullets-over-30-years-escapes-theft-charges\" target=\"_blank\" rel=\"noopener\">admitted to stealing thousands\u003c/a> of rounds of ammunition over decades but was never charged with theft. And most recently, reporting on the records \u003ca href=\"https://www.kqed.org/news/11730477/impact-da-dismisses-charges-against-woman-mauled-by-rio-vista-police-dog\" target=\"_blank\" rel=\"noopener\">led to the dismissal\u003c/a> of criminal charges against a Rio Vista woman who was mauled by a police K-9.\u003cbr>\n\u003cbr>\nAttorneys representing KQED also criticized Becerra's \u003ca href=\"https://www.cjr.org/united_states_project/berkeley-becerra-police-records.php\" target=\"_blank\" rel=\"noopener\">veiled threat to take legal action against\u003c/a> UC Berkeley-based reporters for possessing records about criminal convictions of California peace officers released under a different law. The journalists rejected a Jan. 29 demand from Becerra's office to destroy the \"inadvertently provided\" records and instead published preliminary findings with \u003ca href=\"https://www.kqed.org/news/11728957/california-keeps-a-secret-list-of-criminal-cops-but-says-you-cant-have-it\" target=\"_blank\" rel=\"noopener\">KQED\u003c/a> and \u003ca href=\"https://www.mercurynews.com/2019/02/26/california-keeps-a-secret-list-of-criminal-cops-but-says-you-cant-have-it/\" target=\"_blank\" rel=\"noopener\">Bay Area News Group\u003c/a> papers about some of the thousands of law enforcement officers with criminal convictions over the past decade.\u003c/p>\n\u003cp>\"The Attorney General’s attempt to muzzle journalists who lawfully received public records about police misconduct suggests that [his office's] refusal to produce misconduct records ... here is part of a bad-faith pattern of attempting to frustrate public access about matters of the utmost public importance,\" Tuesday's amended lawsuit said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/5759591-2019-03-05-KQED-Adv-Cal-AG-CPRA-Petition-Re-1421","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11730624/kqed-sues-attorney-general-fighting-for-access-to-police-misconduct-and-shooting-records","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_17699","news_3014","news_25303","news_24767","news_20378"],"featImg":"news_11730630","label":"news_72"},"news_11725980":{"type":"posts","id":"news_11725980","meta":{"index":"posts_1591205157","site":"news","id":"11725980","score":null,"sort":[1550173710000]},"guestAuthors":[],"slug":"first-amendment-group-sues-state-ag-over-withholding-police-records","title":"First Amendment Group Sues State AG Over Withholding Police Records","publishDate":1550173710,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>Updated Thursday, 3 p.m.\u003c/em>\u003c/p>\n\u003cp>A Bay Area-based First Amendment group is suing the California attorney general and Department of Justice, looking to force the release of law enforcement misconduct and shooting information unsealed by a new state law.\u003c/p>\n\u003cp>Attorney General Xavier Becerra \u003ca href=\"https://www.kqed.org/news/11723281/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law\" target=\"_blank\" rel=\"noopener\">declined to provide\u003c/a> any misconduct or use-of-force records about DOJ employees on Feb. 2 in response to freelance reporter Darwin BondGraham's request.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition, which filed the lawsuit Thursday in San Francisco Superior Court, received a similar rejection from the California Attorney General's Office. The letter points to ongoing cases in county courts brought by police unions throughout the state.\u003c/p>\n\u003cp>Those court challenges \u003ca href=\"https://www.kqed.org/news/11719280/police-unions-fight-to-block-public-from-officer-records-california-newsrooms-fight-back\" target=\"_blank\" rel=\"noopener\">aim to block\u003c/a> the release of records created before Jan. 1, 2019, the date the law took effect.\u003c/p>\n\u003cp>Citing a \"significant privacy right\" enjoyed by California law enforcement for decades, Becerra's rejection lent credibility to the police union arguments that the landmark law — Senate Bill 1421 — should apply only to future cases.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Agencies Adopting the AG's Position\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11723659/resisting-transparency\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/iStock-900894072-e1547598958744-1020x680.jpg\" alt=\"\" />\u003c/a>\u003c/figure>\n\u003cul>\n\u003cli>Arvin Police (Kern County)\u003c/li>\n\u003cli>Atwater Police (Merced County)\u003c/li>\n\u003cli>Broadmoor Police (San Mateo County)\u003c/li>\n\u003cli>Ceres Police (Stanislaus County)\u003c/li>\n\u003cli>Citrus Heights Police (Sacramento County)\u003c/li>\n\u003cli>El Cerrito Police (Alameda County)\u003c/li>\n\u003cli>Fremont Police (Alameda County)\u003c/li>\n\u003cli>Gilroy Police (Santa Clara County)\u003c/li>\n\u003cli>Kern County\u003c/li>\n\u003cli>Kings County\u003c/li>\n\u003cli>Lindsay Police (Tulare County)\u003c/li>\n\u003cli>Menlo Park Police (San Mateo County)\u003c/li>\n\u003cli>Monterey County\u003c/li>\n\u003cli>Oakland Unified School District Police (Alameda County)\u003c/li>\n\u003cli>Palo Alto Police (Santa Clara County)\u003c/li>\n\u003cli>Placer County\u003c/li>\n\u003cli>San Mateo County Sheriff\u003c/li>\n\u003cli>Stockton Police (San Joaquin County)\u003c/li>\n\u003cli>Suisun City Police (Solano County)\u003c/li>\n\u003cli>Red Bluff Police (Tehama County)\u003c/li>\n\u003cli>Tulare Police (Tulare County)\u003c/li>\n\u003cli>Visalia Police (Tulare County)\u003c/li>\n\u003cli>Woodlake Police (Tulare County)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The \"nonretroactive\" interpretation has been repeatedly rejected by state Sen. Nancy Skinner (D-Berkeley), the law's author, and more recently, a \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" target=\"_blank\" rel=\"noopener\">Contra Costa County judge\u003c/a>.\u003c/p>\n\u003cp>\"[U]ntil the legal question of retroactive application of the statute is resolved by the courts, the public interest in accessing these records is clearly outweighed by the public's interest in protecting privacy rights,\" the attorney general's rejection letter says.\u003c/p>\n\u003cp>The First Amendment Coalition's lawsuit points out that the DOJ isn't directly arguing that past records should be kept secret.\u003c/p>\n\u003cp>\"[I]nstead, it argues that because a handful of police unions have sued to prevent the release of records under the new law ... it can refuse to release records,\" the petition says. It's asking a San Francisco court to order the attorney general to provide those documents.\u003c/p>\n\u003cp>The Department of Justice has yet to hand over its records on police misconduct and serious use of force, and it has not yet responded to a public records request from KQED and the Bay Area News Group.\u003c/p>\n\u003cp>Citing police privacy laws that the new law rescinded, Becerra stood by his position on waiting for direction from the courts.\u003c/p>\n\u003cp>\"When it comes to disclosing a person’s private information, you don’t get a second chance to get it right,\" Becerra said.\u003c/p>\n\u003cp>In the days following the attorney general's rejection, a growing number of local and county law enforcement agencies \u003ca href=\"https://www.kqed.org/news/11724499/cities-use-state-attorney-general-letter-to-fight-release-of-police-misconduct-files\" target=\"_blank\" rel=\"noopener\">began citing\u003c/a> Becerra's position directly or making a similar argument to withhold pre-2019 records.\u003c/p>\n\u003cp>\"This is the highest law enforcement officer in the state, and (he's) taking a position that unfortunately is now being adopted by other agencies that might have otherwise disclosed these records,\" said David Snyder, executive director of the First Amendment Coalition. \"It's disturbing and it's directly counter to what the clear purpose of this law was, and that is to disclose all records regardless of when they were created that relate to the most serious forms of police misconduct.\"\u003c/p>\n\u003cp>In contrast, the vast majority of law enforcement agencies throughout the state have either provided those records or say they plan to do so. In response to KQED and BANG's requests to more than 350 agencies, 65 had provided at least a synopsis of the files they have. Some have released detailed case files.\u003c/p>\n\u003cp>The first records released under the law exposed sexual misconduct and potential exploitation by former cops in \u003ca href=\"https://www.kqed.org/news/11718481/two-veteran-watsonville-cops-fired-for-sexual-misconduct\" target=\"_blank\" rel=\"noopener\">Watsonville\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11716343/police-records-law-burlingame-cop-fired-for-asking-woman-to-trade-sex-for-help-with-charges\" target=\"_blank\" rel=\"noopener\">Burlingame\u003c/a>, prompting the San Mateo County district attorney to \u003ca href=\"https://www.kqed.org/news/11716654/san-mateo-county-da-renews-criminal-inquiry-following-release-of-police-misconduct-records\" target=\"_blank\" rel=\"noopener\">reopen a criminal inquiry\u003c/a> in the latter case.\u003c/p>\n\u003cp>Detailed internal investigations released by \u003ca href=\"https://www.kqed.org/news/11721801/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files\" target=\"_blank\" rel=\"noopener\">Rio Vista showed\u003c/a> findings of excessive force and dishonesty by the former president of the police officers' association, who was fired and now works as an investigator for Uber. A Rio Vista officer is facing firing in a separate case in which a woman was mauled by a police dog during an illegitimate arrest.\u003c/p>\n\u003cp>And despite the attorney general's position, the state Department of Consumer Affairs provided KQED and BANG with an internal investigation Monday, showing that a veteran San Bernardino County sheriff's deputy and state investigator had \u003ca href=\"https://www.kqed.org/news/11726097/california-cop-admits-stealing-thousands-of-bullets-over-30-years-escapes-theft-charges\" target=\"_blank\" rel=\"noopener\">stolen thousands of bullets\u003c/a> over his 30-year career, trading the ammunition for weapons at a friend's gun shop. Despite the former investigator's confession and loads of physical evidence recovered, he was never charged with theft.\u003c/p>\n\u003cp>\"The Public Records Act makes very clear that quick disclosure of records is essential,\" Snyder said, adding that otherwise there's no real way to hold public officials and agencies accountable.\u003c/p>\n\u003cp>\"The public has to know as quickly as possible about what's going on in their government so that they can take action as quickly as possible,\" he said.\u003c/p>\n\u003cp>\u003cem>Sukey Lewis of KQED News and Thomas Peele of the Bay Area News Group contributed to this report.\u003c/em>\u003c/p>\n","blocks":[],"excerpt":"'This is the highest law enforcement officer in the state, and (he's) taking a position that unfortunately is now being adopted by other agencies that might have otherwise disclosed these records,' said David Snyder, executive director of the First Amendment Coalition.","status":"publish","parent":0,"modified":1551808039,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":912},"headData":{"title":"First Amendment Group Sues State AG Over Withholding Police Records | KQED","description":"'This is the highest law enforcement officer in the state, and (he's) taking a position that unfortunately is now being adopted by other agencies that might have otherwise disclosed these records,' said David Snyder, executive director of the First Amendment Coalition.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"First Amendment Group Sues State AG Over Withholding Police Records","datePublished":"2019-02-14T19:48:30.000Z","dateModified":"2019-03-05T17:47:19.000Z","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"}}},"disqusIdentifier":"11725980 https://ww2.kqed.org/news/?p=11725980","disqusUrl":"https://ww2.kqed.org/news/2019/02/14/first-amendment-group-sues-state-ag-over-withholding-police-records/","disqusTitle":"First Amendment Group Sues State AG Over Withholding Police Records","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/02/AGSuedEmslietcram190215.mp3","audioTrackLength":90,"path":"/news/11725980/first-amendment-group-sues-state-ag-over-withholding-police-records","audioDuration":102000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Thursday, 3 p.m.\u003c/em>\u003c/p>\n\u003cp>A Bay Area-based First Amendment group is suing the California attorney general and Department of Justice, looking to force the release of law enforcement misconduct and shooting information unsealed by a new state law.\u003c/p>\n\u003cp>Attorney General Xavier Becerra \u003ca href=\"https://www.kqed.org/news/11723281/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law\" target=\"_blank\" rel=\"noopener\">declined to provide\u003c/a> any misconduct or use-of-force records about DOJ employees on Feb. 2 in response to freelance reporter Darwin BondGraham's request.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition, which filed the lawsuit Thursday in San Francisco Superior Court, received a similar rejection from the California Attorney General's Office. The letter points to ongoing cases in county courts brought by police unions throughout the state.\u003c/p>\n\u003cp>Those court challenges \u003ca href=\"https://www.kqed.org/news/11719280/police-unions-fight-to-block-public-from-officer-records-california-newsrooms-fight-back\" target=\"_blank\" rel=\"noopener\">aim to block\u003c/a> the release of records created before Jan. 1, 2019, the date the law took effect.\u003c/p>\n\u003cp>Citing a \"significant privacy right\" enjoyed by California law enforcement for decades, Becerra's rejection lent credibility to the police union arguments that the landmark law — Senate Bill 1421 — should apply only to future cases.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Agencies Adopting the AG's Position\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11723659/resisting-transparency\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/iStock-900894072-e1547598958744-1020x680.jpg\" alt=\"\" />\u003c/a>\u003c/figure>\n\u003cul>\n\u003cli>Arvin Police (Kern County)\u003c/li>\n\u003cli>Atwater Police (Merced County)\u003c/li>\n\u003cli>Broadmoor Police (San Mateo County)\u003c/li>\n\u003cli>Ceres Police (Stanislaus County)\u003c/li>\n\u003cli>Citrus Heights Police (Sacramento County)\u003c/li>\n\u003cli>El Cerrito Police (Alameda County)\u003c/li>\n\u003cli>Fremont Police (Alameda County)\u003c/li>\n\u003cli>Gilroy Police (Santa Clara County)\u003c/li>\n\u003cli>Kern County\u003c/li>\n\u003cli>Kings County\u003c/li>\n\u003cli>Lindsay Police (Tulare County)\u003c/li>\n\u003cli>Menlo Park Police (San Mateo County)\u003c/li>\n\u003cli>Monterey County\u003c/li>\n\u003cli>Oakland Unified School District Police (Alameda County)\u003c/li>\n\u003cli>Palo Alto Police (Santa Clara County)\u003c/li>\n\u003cli>Placer County\u003c/li>\n\u003cli>San Mateo County Sheriff\u003c/li>\n\u003cli>Stockton Police (San Joaquin County)\u003c/li>\n\u003cli>Suisun City Police (Solano County)\u003c/li>\n\u003cli>Red Bluff Police (Tehama County)\u003c/li>\n\u003cli>Tulare Police (Tulare County)\u003c/li>\n\u003cli>Visalia Police (Tulare County)\u003c/li>\n\u003cli>Woodlake Police (Tulare County)\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The \"nonretroactive\" interpretation has been repeatedly rejected by state Sen. Nancy Skinner (D-Berkeley), the law's author, and more recently, a \u003ca href=\"https://www.kqed.org/news/11724434/contra-costa-county-judge-to-weigh-public-access-to-police-records\" target=\"_blank\" rel=\"noopener\">Contra Costa County judge\u003c/a>.\u003c/p>\n\u003cp>\"[U]ntil the legal question of retroactive application of the statute is resolved by the courts, the public interest in accessing these records is clearly outweighed by the public's interest in protecting privacy rights,\" the attorney general's rejection letter says.\u003c/p>\n\u003cp>The First Amendment Coalition's lawsuit points out that the DOJ isn't directly arguing that past records should be kept secret.\u003c/p>\n\u003cp>\"[I]nstead, it argues that because a handful of police unions have sued to prevent the release of records under the new law ... it can refuse to release records,\" the petition says. It's asking a San Francisco court to order the attorney general to provide those documents.\u003c/p>\n\u003cp>The Department of Justice has yet to hand over its records on police misconduct and serious use of force, and it has not yet responded to a public records request from KQED and the Bay Area News Group.\u003c/p>\n\u003cp>Citing police privacy laws that the new law rescinded, Becerra stood by his position on waiting for direction from the courts.\u003c/p>\n\u003cp>\"When it comes to disclosing a person’s private information, you don’t get a second chance to get it right,\" Becerra said.\u003c/p>\n\u003cp>In the days following the attorney general's rejection, a growing number of local and county law enforcement agencies \u003ca href=\"https://www.kqed.org/news/11724499/cities-use-state-attorney-general-letter-to-fight-release-of-police-misconduct-files\" target=\"_blank\" rel=\"noopener\">began citing\u003c/a> Becerra's position directly or making a similar argument to withhold pre-2019 records.\u003c/p>\n\u003cp>\"This is the highest law enforcement officer in the state, and (he's) taking a position that unfortunately is now being adopted by other agencies that might have otherwise disclosed these records,\" said David Snyder, executive director of the First Amendment Coalition. \"It's disturbing and it's directly counter to what the clear purpose of this law was, and that is to disclose all records regardless of when they were created that relate to the most serious forms of police misconduct.\"\u003c/p>\n\u003cp>In contrast, the vast majority of law enforcement agencies throughout the state have either provided those records or say they plan to do so. In response to KQED and BANG's requests to more than 350 agencies, 65 had provided at least a synopsis of the files they have. Some have released detailed case files.\u003c/p>\n\u003cp>The first records released under the law exposed sexual misconduct and potential exploitation by former cops in \u003ca href=\"https://www.kqed.org/news/11718481/two-veteran-watsonville-cops-fired-for-sexual-misconduct\" target=\"_blank\" rel=\"noopener\">Watsonville\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11716343/police-records-law-burlingame-cop-fired-for-asking-woman-to-trade-sex-for-help-with-charges\" target=\"_blank\" rel=\"noopener\">Burlingame\u003c/a>, prompting the San Mateo County district attorney to \u003ca href=\"https://www.kqed.org/news/11716654/san-mateo-county-da-renews-criminal-inquiry-following-release-of-police-misconduct-records\" target=\"_blank\" rel=\"noopener\">reopen a criminal inquiry\u003c/a> in the latter case.\u003c/p>\n\u003cp>Detailed internal investigations released by \u003ca href=\"https://www.kqed.org/news/11721801/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files\" target=\"_blank\" rel=\"noopener\">Rio Vista showed\u003c/a> findings of excessive force and dishonesty by the former president of the police officers' association, who was fired and now works as an investigator for Uber. A Rio Vista officer is facing firing in a separate case in which a woman was mauled by a police dog during an illegitimate arrest.\u003c/p>\n\u003cp>And despite the attorney general's position, the state Department of Consumer Affairs provided KQED and BANG with an internal investigation Monday, showing that a veteran San Bernardino County sheriff's deputy and state investigator had \u003ca href=\"https://www.kqed.org/news/11726097/california-cop-admits-stealing-thousands-of-bullets-over-30-years-escapes-theft-charges\" target=\"_blank\" rel=\"noopener\">stolen thousands of bullets\u003c/a> over his 30-year career, trading the ammunition for weapons at a friend's gun shop. Despite the former investigator's confession and loads of physical evidence recovered, he was never charged with theft.\u003c/p>\n\u003cp>\"The Public Records Act makes very clear that quick disclosure of records is essential,\" Snyder said, adding that otherwise there's no real way to hold public officials and agencies accountable.\u003c/p>\n\u003cp>\"The public has to know as quickly as possible about what's going on in their government so that they can take action as quickly as possible,\" he said.\u003c/p>\n\u003cp>\u003cem>Sukey Lewis of KQED News and Thomas Peele of the Bay Area News Group contributed to this report.\u003c/em>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11725980/first-amendment-group-sues-state-ag-over-withholding-police-records","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_3014","news_25303","news_24767","news_20378"],"featImg":"news_11726206","label":"news_72"},"news_11723281":{"type":"posts","id":"news_11723281","meta":{"index":"posts_1591205157","site":"news","id":"11723281","score":null,"sort":[1549392334000]},"guestAuthors":[],"slug":"california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law","title":"Free Speech Advocates Blast California A.G. for Refusing to Release Police Misconduct Files","publishDate":1549392334,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cstrong>Updated Tuesday, Feb. 5, 1:30 p.m. \u003c/strong>\u003c/p>\n\u003cp>A leading free speech and open government advocacy organization is blasting California Attorney General Xavier Becerra's office for rejecting a request to release misconduct files about law enforcement agents that work for his department.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">New state legislation\u003c/a> requires agencies that employ sworn officers to publicly release disciplinary records involving sexual assault, dishonesty and serious use of force.\u003c/p>\n\u003cp>The attorney general's response to a public records request seeking that information references some superior court challenges to the law's application to past records brought by police unions.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">Police Secrets Revealed\u003c/a>\u003c/h3>\n\u003cp>Records of police misconduct and use of deadly force have been kept secret in California for decades. That changed Jan. 1.\u003c/p>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/01/RS27057_20170927_Uc-Berkeley-Free-Speech_Credit_Adam-Grossberg-9-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"We will not disclose any records that pre-date January 1, 2019 at this time,\" Mark Beckington, supervising deputy attorney general, said in a response last Friday to a request from freelance reporter Darwin BondGraham.\u003c/p>\n\u003cp>David Snyder, executive director of the San Rafael-based First Amendment Coalition, called Becerra's decision unfortunate.\u003c/p>\n\u003cp>\"This is the highest law enforcement officer in the state. He has decided not to disclose records that I think the new law makes very clear should be disclosed,\" Snyder said in an interview Tuesday.\u003c/p>\n\u003cp>State Sen. Nancy Skinner, D-Berkeley, who authored the new law, Senate Bill 1421, said she was baffled by the state attorney general's rejection of the records request.\u003c/p>\n\u003cp>\"I find the AG's interpretation puzzling considering that we have law enforcement agencies up and down the state, including our California Highway Patrol, releasing records,\" Skinner said, also an interview.\u003c/p>\n\u003cp>Skinner said she submitted to Becerra's office a letter she had written for the state Senate recently that clarified the law's intentions. She also asked that his staff review a California Supreme Court \u003ca href=\"https://www.kqed.org/news/11715442/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener\">decision\u003c/a> last month to deny an attempt by a San Bernardino County sheriff's deputies to block access to existing misconduct records.\u003c/p>\n\u003cp>The attorney general's response came several weeks after BondGraham, formerly of the East Bay Express, put in a public records query for copies of misconduct complaints made against sworn law enforcement members of the California Department of Justice since 2014 and files involving sustained cases of misconduct, among other material.\u003c/p>\n\u003cp>BondGraham's request is among scores of other queries by news organizations, including \u003ca href=\"https://www.kqed.org/news/11715838/the-bay-area-leads-to-fight-to-make-police-records-public\" target=\"_blank\" rel=\"noopener\">KQED\u003c/a>, to state and local government agencies since SB 1421 went into effect on Jan. 1.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lawyers representing police unions have filed superior court challenges to the law in more than half a dozen counties, \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">arguing that it does not apply retroactively\u003c/a> before 2019.\u003c/p>\n\u003cp>\"Several cases currently pending in the California superior courts raise the issue whether SB 1421 requires the disclosure of records relating to conduct occurring before January 1, 2019,\" Beckington wrote.\u003c/p>\n\u003cp>Beckington noted that in two of those cases, involving unions that represent Richmond and Los Angeles police officers, courts have told law enforcement agencies not to release the records, at least temporarily.\u003c/p>\n\u003cp>https://twitter.com/DarwinBondGraha/status/1091528288533532672\u003c/p>\n\u003cp>\"Therefore, until the legal question of retroactive application of the statute is resolved by the courts, the public interest in accessing these records is clearly outweighed by the public's interest in protecting privacy rights,\" Beckington said.\u003c/p>\n\u003cp>Becerra, who runs the state agency tasked with enforcing California's laws, acknowledged his office's refusal to hand over the documents in an interview Monday.\u003c/p>\n\u003cp>\"We have a couple of cases where courts are about to weigh in on how to interpret that state law, and we want to make sure that we remain consistent,\" Becerra said.\u003c/p>\n\u003cp>\"We are trying to enforce state law, and we want to make sure we are protecting rights that may be implicated by this new state law as well,\" he said.\u003c/p>\n\u003cp>Synder says Becerra's decision could have a ripple effect.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11719280/police-unions-fight-to-block-public-from-officer-records-california-newsrooms-fight-back\">Police Unions Fight to Block Public From Officer Records - California Newsrooms Fight Back\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11719280/police-unions-fight-to-block-public-from-officer-records-california-newsrooms-fight-back\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/PoliceCruiser.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"One would hope that they (the attorney general's office) would adhere to the requirements of the law rather than take what I believe is a significant minority position that disclosure's not required,\" Synder said.\u003c/p>\n\u003cp>\"It sends an unfortunate message to other law enforcement agencies around the state, that they can hide behind a spurious interpretation of the new law,\" he said.\u003c/p>\n\u003cp>The First Amendment Coalition has waged legal battles against police unions who've argued against releasing misconduct files.\u003c/p>\n\u003cp>BondGraham declined to comment.\u003c/p>\n\u003cp>SB 1421 represents a key change for police in California. For years, law enforcement officers enjoyed some of the most restrictive laws in the nation, making access to information about misconduct and discipline all but impossible.\u003c/p>\n\u003cp>The legislation has led to disclosures by KQED and the Bay Area News Group about police misconduct at several Bay Are police agencies. That included the \u003ca href=\"https://www.kqed.org/news/11721801/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files\" target=\"_blank\" rel=\"noopener\">firing\u003c/a> of two police officers in Rio Vista (Solano County) involving allegations of excessive force and filing false reports.\u003c/p>\n\u003cp>The two news organizations revealed that \u003ca href=\"https://www.kqed.org/news/11716343/police-records-law-burlingame-cop-fired-for-asking-woman-to-trade-sex-for-help-with-charges\" target=\"_blank\" rel=\"noopener\">a Burlingame police officer was fired\u003c/a> after it was found that he offered to help a woman charged with drunk driving if she had sex with him.\u003c/p>\n\u003cp>The collaboration also obtained records detailing the firing of two \u003ca href=\"https://www.kqed.org/news/11718481/two-veteran-watsonville-cops-fired-for-sexual-misconduct\" target=\"_blank\" rel=\"noopener\">police officers in Watsonville\u003c/a> (Santa Cruz County) for repeatedly having sex with civilians while on duty.\u003c/p>\n\u003cp>\u003cem>KQED's Mina Kim and Peter Jon Shuler contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The First Amendment Coalition says Attorney General Xavier Becerra's decision could have a ripple effect.","status":"publish","parent":0,"modified":1549425496,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":895},"headData":{"title":"Free Speech Advocates Blast California A.G. for Refusing to Release Police Misconduct Files | KQED","description":"The First Amendment Coalition says Attorney General Xavier Becerra's decision could have a ripple effect.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Free Speech Advocates Blast California A.G. for Refusing to Release Police Misconduct Files","datePublished":"2019-02-05T18:45:34.000Z","dateModified":"2019-02-06T03:58:16.000Z","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"}}},"disqusIdentifier":"11723281 https://ww2.kqed.org/news/?p=11723281","disqusUrl":"https://ww2.kqed.org/news/2019/02/05/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law/","disqusTitle":"Free Speech Advocates Blast California A.G. for Refusing to Release Police Misconduct Files","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/02/GoldbergPoliceRecordsBecerra.mp3","audioTrackLength":79,"path":"/news/11723281/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law","audioDuration":97000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated Tuesday, Feb. 5, 1:30 p.m. \u003c/strong>\u003c/p>\n\u003cp>A leading free speech and open government advocacy organization is blasting California Attorney General Xavier Becerra's office for rejecting a request to release misconduct files about law enforcement agents that work for his department.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">New state legislation\u003c/a> requires agencies that employ sworn officers to publicly release disciplinary records involving sexual assault, dishonesty and serious use of force.\u003c/p>\n\u003cp>The attorney general's response to a public records request seeking that information references some superior court challenges to the law's application to past records brought by police unions.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">Police Secrets Revealed\u003c/a>\u003c/h3>\n\u003cp>Records of police misconduct and use of deadly force have been kept secret in California for decades. That changed Jan. 1.\u003c/p>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/01/RS27057_20170927_Uc-Berkeley-Free-Speech_Credit_Adam-Grossberg-9-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"We will not disclose any records that pre-date January 1, 2019 at this time,\" Mark Beckington, supervising deputy attorney general, said in a response last Friday to a request from freelance reporter Darwin BondGraham.\u003c/p>\n\u003cp>David Snyder, executive director of the San Rafael-based First Amendment Coalition, called Becerra's decision unfortunate.\u003c/p>\n\u003cp>\"This is the highest law enforcement officer in the state. He has decided not to disclose records that I think the new law makes very clear should be disclosed,\" Snyder said in an interview Tuesday.\u003c/p>\n\u003cp>State Sen. Nancy Skinner, D-Berkeley, who authored the new law, Senate Bill 1421, said she was baffled by the state attorney general's rejection of the records request.\u003c/p>\n\u003cp>\"I find the AG's interpretation puzzling considering that we have law enforcement agencies up and down the state, including our California Highway Patrol, releasing records,\" Skinner said, also an interview.\u003c/p>\n\u003cp>Skinner said she submitted to Becerra's office a letter she had written for the state Senate recently that clarified the law's intentions. She also asked that his staff review a California Supreme Court \u003ca href=\"https://www.kqed.org/news/11715442/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener\">decision\u003c/a> last month to deny an attempt by a San Bernardino County sheriff's deputies to block access to existing misconduct records.\u003c/p>\n\u003cp>The attorney general's response came several weeks after BondGraham, formerly of the East Bay Express, put in a public records query for copies of misconduct complaints made against sworn law enforcement members of the California Department of Justice since 2014 and files involving sustained cases of misconduct, among other material.\u003c/p>\n\u003cp>BondGraham's request is among scores of other queries by news organizations, including \u003ca href=\"https://www.kqed.org/news/11715838/the-bay-area-leads-to-fight-to-make-police-records-public\" target=\"_blank\" rel=\"noopener\">KQED\u003c/a>, to state and local government agencies since SB 1421 went into effect on Jan. 1.\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>Lawyers representing police unions have filed superior court challenges to the law in more than half a dozen counties, \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">arguing that it does not apply retroactively\u003c/a> before 2019.\u003c/p>\n\u003cp>\"Several cases currently pending in the California superior courts raise the issue whether SB 1421 requires the disclosure of records relating to conduct occurring before January 1, 2019,\" Beckington wrote.\u003c/p>\n\u003cp>Beckington noted that in two of those cases, involving unions that represent Richmond and Los Angeles police officers, courts have told law enforcement agencies not to release the records, at least temporarily.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1091528288533532672"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\"Therefore, until the legal question of retroactive application of the statute is resolved by the courts, the public interest in accessing these records is clearly outweighed by the public's interest in protecting privacy rights,\" Beckington said.\u003c/p>\n\u003cp>Becerra, who runs the state agency tasked with enforcing California's laws, acknowledged his office's refusal to hand over the documents in an interview Monday.\u003c/p>\n\u003cp>\"We have a couple of cases where courts are about to weigh in on how to interpret that state law, and we want to make sure that we remain consistent,\" Becerra said.\u003c/p>\n\u003cp>\"We are trying to enforce state law, and we want to make sure we are protecting rights that may be implicated by this new state law as well,\" he said.\u003c/p>\n\u003cp>Synder says Becerra's decision could have a ripple effect.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11719280/police-unions-fight-to-block-public-from-officer-records-california-newsrooms-fight-back\">Police Unions Fight to Block Public From Officer Records - California Newsrooms Fight Back\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11719280/police-unions-fight-to-block-public-from-officer-records-california-newsrooms-fight-back\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2019/01/PoliceCruiser.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"One would hope that they (the attorney general's office) would adhere to the requirements of the law rather than take what I believe is a significant minority position that disclosure's not required,\" Synder said.\u003c/p>\n\u003cp>\"It sends an unfortunate message to other law enforcement agencies around the state, that they can hide behind a spurious interpretation of the new law,\" he said.\u003c/p>\n\u003cp>The First Amendment Coalition has waged legal battles against police unions who've argued against releasing misconduct files.\u003c/p>\n\u003cp>BondGraham declined to comment.\u003c/p>\n\u003cp>SB 1421 represents a key change for police in California. For years, law enforcement officers enjoyed some of the most restrictive laws in the nation, making access to information about misconduct and discipline all but impossible.\u003c/p>\n\u003cp>The legislation has led to disclosures by KQED and the Bay Area News Group about police misconduct at several Bay Are police agencies. That included the \u003ca href=\"https://www.kqed.org/news/11721801/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files\" target=\"_blank\" rel=\"noopener\">firing\u003c/a> of two police officers in Rio Vista (Solano County) involving allegations of excessive force and filing false reports.\u003c/p>\n\u003cp>The two news organizations revealed that \u003ca href=\"https://www.kqed.org/news/11716343/police-records-law-burlingame-cop-fired-for-asking-woman-to-trade-sex-for-help-with-charges\" target=\"_blank\" rel=\"noopener\">a Burlingame police officer was fired\u003c/a> after it was found that he offered to help a woman charged with drunk driving if she had sex with him.\u003c/p>\n\u003cp>The collaboration also obtained records detailing the firing of two \u003ca href=\"https://www.kqed.org/news/11718481/two-veteran-watsonville-cops-fired-for-sexual-misconduct\" target=\"_blank\" rel=\"noopener\">police officers in Watsonville\u003c/a> (Santa Cruz County) for repeatedly having sex with civilians while on duty.\u003c/p>\n\u003cp>\u003cem>KQED's Mina Kim and Peter Jon Shuler contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11723281/california-attorney-general-refuses-to-release-police-misconduct-files-despite-new-law","authors":["258"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_17699","news_3014","news_25303","news_24767","news_24725","news_20378"],"featImg":"news_11723358","label":"news_72"},"news_11653710":{"type":"posts","id":"news_11653710","meta":{"index":"posts_1591205157","site":"news","id":"11653710","score":null,"sort":[1520132081000]},"guestAuthors":[],"slug":"why-a-california-gun-seizure-law-could-be-a-model-for-national-legislation","title":"Why a California Gun Seizure Law Could Be a Model for National Legislation","publishDate":1520132081,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>A California law that is a model for pending national legislation resulted in 190 court orders in 2016 and 2017 for police to temporarily take away weapons from people deemed a danger to themselves or others.\u003c/p>\n\u003cp>The law, which took effect in 2016, creates a process for law enforcement, an immediate family member or someone in the home to ask a judge to issue a Gun Violence Restraining Order. The petitioner must also demonstrate that alternative steps have been tried and found to be ineffective or inadequate.\u003c/p>\n\u003cp>When a judge issues an order, it lasts for a 21-day cooling-off period. After that, the judge must hold another hearing to determine whether to extend the order for up to one year. The target of the order is given an opportunity to present a counter-argument.\u003c/p>\n\u003cp>[contextly_sidebar id=\"i9Akt7yndjzmIyU5pjylHWbrFnkllpQK\"]\u003c/p>\n\u003cp>In the wake of reports that authorities missed numerous \"red flags\" concerning the Florida mass shooter, Florida Senator Marco Rubio introduced a bill that would establish a similar process nationwide.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The California law's author, State Sen. Nancy Skinner (D-Berkeley), said she's proud of what it has accomplished so far.\u003c/p>\n\u003cp>\"We can speculate that some number of deaths were prevented as a result,\" she said.\u003c/p>\n\u003cp>Most of the 190 restraining orders issued in 2016 and 2017 didn't last beyond the initial 21-day period, according to statistics provided by the California Department of Justice. Only 17 were extended to a full year.\u003c/p>\n\u003cp>\"The three weeks may be enough to get the person the help they need to avoid that suicide,\" said Skinner.\u003c/p>\n\u003cp>[contextly_sidebar id=\"C5r2snqAob3SGNnJQalLcr9kRgofOA0U\"]\u003c/p>\n\u003cp>Throughout the state, the vast majority of orders came from law enforcement. In L.A., Orange, Riverside, San Bernardino and Ventura counties, there were a total of 49 three-week orders, but only five were initiated in the courts by family members. Skinner pointed out that in some cases, police may have sought a court order after being alerted by an individual's family.\u003c/p>\n\u003cp>The state data also shows that law enforcement failed to serve 31 of the restraining orders. Officials at the California Department of Justice did not respond immediately to requests for clarification on those cases.\u003c/p>\n\u003cp>\u003cem>The total number of 21-day restraining orders issued in the first two years of the law in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties:\u003c/em>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-11653716\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/graphic1.jpg\" alt=\"\" width=\"1024\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-960x540.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-240x135.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-375x211.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-520x293.jpg 520w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/p>\n\u003cp>Skinner introduced the legislation after the 2014 mass shooting in Isla Vista.\u003c/p>\n\u003cp>In both that incident and in Parkland, Florida, Skinner said that \"if [law enforcement] had had this tool, they could have gotten the guns out of [the shooters'] hands.\"\u003c/p>\n\u003cp>\"That gives them a legal right to be able to do more than a welfare check on someone who they have evidence of credible threats of violence,\" said Skinner.\u003c/p>\n\u003cp>It's also important to give family members the power to act, she said.\u003c/p>\n\u003cp>\"Loved-ones are often the first to notice if there’s a problem or if someone is threatening violence to ourselves or others,\" Skinner said.\u003c/p>\n\u003cp>The state has a website with information on \u003ca href=\"http://www.courts.ca.gov/33679.htm\" target=\"_blank\" rel=\"noopener\">how to seek a firearms restraining order\u003c/a>.\u003c/p>\n\u003cp>\u003cem>The sources of requests for 21-day restraining orders in the first two years of the law in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties combined:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-11653717\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/graphic2.jpg\" alt=\"\" width=\"1024\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-960x540.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-240x135.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-375x211.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-520x293.jpg 520w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/p>\n\n","blocks":[],"excerpt":"A California law that is a model for pending national legislation resulted in 190 court orders in 2016-17 for police to temporarily remove weapons from people deemed a danger to themselves or others.","status":"publish","parent":0,"modified":1520132081,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":548},"headData":{"title":"Why a California Gun Seizure Law Could Be a Model for National Legislation | KQED","description":"A California law that is a model for pending national legislation resulted in 190 court orders in 2016-17 for police to temporarily remove weapons from people deemed a danger to themselves or others.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Why a California Gun Seizure Law Could Be a Model for National Legislation","datePublished":"2018-03-04T02:54:41.000Z","dateModified":"2018-03-04T02:54:41.000Z","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"}}},"disqusIdentifier":"11653710 https://ww2.kqed.org/news/?p=11653710","disqusUrl":"https://ww2.kqed.org/news/2018/03/03/why-a-california-gun-seizure-law-could-be-a-model-for-national-legislation/","disqusTitle":"Why a California Gun Seizure Law Could Be a Model for National Legislation","source":"KPCC","sourceUrl":"www.scpr.org","nprByline":"\u003cstrong>\u003ca href=\"https://www.scpr.org/about/people/staff/michelle-faust\">Michelle Faust\u003c/a>\u003c/strong>","path":"/news/11653710/why-a-california-gun-seizure-law-could-be-a-model-for-national-legislation","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A California law that is a model for pending national legislation resulted in 190 court orders in 2016 and 2017 for police to temporarily take away weapons from people deemed a danger to themselves or others.\u003c/p>\n\u003cp>The law, which took effect in 2016, creates a process for law enforcement, an immediate family member or someone in the home to ask a judge to issue a Gun Violence Restraining Order. The petitioner must also demonstrate that alternative steps have been tried and found to be ineffective or inadequate.\u003c/p>\n\u003cp>When a judge issues an order, it lasts for a 21-day cooling-off period. After that, the judge must hold another hearing to determine whether to extend the order for up to one year. The target of the order is given an opportunity to present a counter-argument.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>In the wake of reports that authorities missed numerous \"red flags\" concerning the Florida mass shooter, Florida Senator Marco Rubio introduced a bill that would establish a similar process nationwide.\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 California law's author, State Sen. Nancy Skinner (D-Berkeley), said she's proud of what it has accomplished so far.\u003c/p>\n\u003cp>\"We can speculate that some number of deaths were prevented as a result,\" she said.\u003c/p>\n\u003cp>Most of the 190 restraining orders issued in 2016 and 2017 didn't last beyond the initial 21-day period, according to statistics provided by the California Department of Justice. Only 17 were extended to a full year.\u003c/p>\n\u003cp>\"The three weeks may be enough to get the person the help they need to avoid that suicide,\" said Skinner.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Throughout the state, the vast majority of orders came from law enforcement. In L.A., Orange, Riverside, San Bernardino and Ventura counties, there were a total of 49 three-week orders, but only five were initiated in the courts by family members. Skinner pointed out that in some cases, police may have sought a court order after being alerted by an individual's family.\u003c/p>\n\u003cp>The state data also shows that law enforcement failed to serve 31 of the restraining orders. Officials at the California Department of Justice did not respond immediately to requests for clarification on those cases.\u003c/p>\n\u003cp>\u003cem>The total number of 21-day restraining orders issued in the first two years of the law in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties:\u003c/em>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-11653716\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/graphic1.jpg\" alt=\"\" width=\"1024\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-960x540.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-240x135.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-375x211.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic1-520x293.jpg 520w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/p>\n\u003cp>Skinner introduced the legislation after the 2014 mass shooting in Isla Vista.\u003c/p>\n\u003cp>In both that incident and in Parkland, Florida, Skinner said that \"if [law enforcement] had had this tool, they could have gotten the guns out of [the shooters'] hands.\"\u003c/p>\n\u003cp>\"That gives them a legal right to be able to do more than a welfare check on someone who they have evidence of credible threats of violence,\" said Skinner.\u003c/p>\n\u003cp>It's also important to give family members the power to act, she said.\u003c/p>\n\u003cp>\"Loved-ones are often the first to notice if there’s a problem or if someone is threatening violence to ourselves or others,\" Skinner said.\u003c/p>\n\u003cp>The state has a website with information on \u003ca href=\"http://www.courts.ca.gov/33679.htm\" target=\"_blank\" rel=\"noopener\">how to seek a firearms restraining order\u003c/a>.\u003c/p>\n\u003cp>\u003cem>The sources of requests for 21-day restraining orders in the first two years of the law in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties combined:\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-full wp-image-11653717\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/03/graphic2.jpg\" alt=\"\" width=\"1024\" height=\"576\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-960x540.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-240x135.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-375x211.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/03/graphic2-520x293.jpg 520w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11653710/why-a-california-gun-seizure-law-could-be-a-model-for-national-legislation","authors":["byline_news_11653710"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_3014","news_1103","news_3673","news_17286"],"featImg":"news_11653713","label":"source_news_11653710"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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