San Francisco Public DefenderSan Francisco Public Defender
State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It
Released From ICE Detention Into a Pandemic: For One Woman, Returning Home Is Complex
SF Public Defender Sues for Release of ICE Detainees to Reduce Crowding
SF Officials Slam ICE for Arresting Man Outside Courthouse
SF Public Defender's Office Takes on ICE Over Transfer of Client to Texas
S.F. Public Defender's Office Says Jeff Adachi Died of Natural Causes, Not From Drugs
Judge Says S.F. Public Defenders Can't Represent Filmmaker Kevin Epps
Only S.F. Elects Its Public Defender. Should That Change?
College Admissions Scandal, SF’s New Public Defender, ‘Surveillance Capitalism’
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FM","link":"/"}},"news_11866532":{"type":"posts","id":"news_11866532","meta":{"index":"posts_1591205157","site":"news","id":"11866532","score":null,"sort":[1616715030000]},"guestAuthors":[],"slug":"state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it","title":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It","publishDate":1616715030,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The state Supreme Court dealt a blow Thursday to California’s reliance on cash bail, ruling that judges can’t hold people before trial just because they can’t afford to pay for their release.\u003c/p>\n\u003cp>The court’s unanimous opinion finds that judges can’t simply rely on pre-determined bail amounts that functionally keep the less affluent behind bars, and concluded “that our Constitution prohibits pretrial detention to combat an arrestee’s risk of flight unless the court first finds, based upon clear and convincing evidence, that no condition or conditions of release can reasonably assure the arrestee’s appearance in court.”\u003c/p>\n\u003cp>The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in “wealth-based detention” that violates defendants’ equal protection and due process rights.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='USF law professor Lara Bazelon']'Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state.'[/pullquote]\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said the ruling is potentially a “watershed” moment that enforces a defendant’s presumption of innocence.\u003c/p>\n\u003cp>“Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state,” she said. “That’s important because we were getting disparate outcomes depending on who the DA was and what kind of jurisdiction the person was in.”\u003c/p>\n\u003cp>Judges must now consider whether other requirements — such as electronic monitoring, pretrial check-ins or addiction treatment — can reasonably ensure a defendant won’t reoffend or skip court. And while judges may still impose bail, it can only be set at an amount the defendant can afford.\u003c/p>\n\u003cp>Justices made the ruling in the case of Kenneth Humphrey, a now 66-year-old Black man who faced $350,000 bail in 2017, when he was charged in San Francisco with robbery after taking $5 and a bottle of cologne from a neighbor. Humphrey’s public defender argued in court that he couldn’t afford that bail, and was held in jail unconstitutionally.\u003c/p>\n\u003cp>“Humphrey asks whether it is constitutional to incarcerate a defendant solely because he lacks financial resources,” the opinion says. “We conclude it is not.”\u003c/p>\n\u003cp>The opinion written by Associate Justice Mariano-Florentino Cuéllar cites research finding that large urban counties in California incarcerate people pretrial at higher rates than elsewhere in the country. And in this state, bail isn’t cheap. The median bail amount in California is $50,000, over five times the national median.\u003c/p>\n\u003cp>“Today’s historic decision affirms that people like our client Kenneth Humphrey, who bravely fought for his pretrial freedom, can no longer be locked up in jail simply for being poor and when they pose no threat to public safety,\" said San Francisco Public Defender Mano Raju in a statement. [ad fullwidth]\u003c/p>\n\u003cp>The ruling is distinct from a recent failed attempt by state legislators to completely eliminate the use of cash bail in California.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB10\">Senate Bill 10\u003c/a>, signed into law in 2018, was overturned by referendum and subsequently \u003ca href=\"https://ballotpedia.org/California_Proposition_25,_Replace_Cash_Bail_with_Risk_Assessments_Referendum_(2020)\">rejected by voters\u003c/a> in the last election. The law split progressives, many of whom thought that it left too much discretion in the hands of trial judges to continue to jail people awaiting trial.\u003c/p>\n\u003cp>State Sen. Robert Hertzberg, D-Van Nuys, one of the authors of SB 10, said Thursday that he is “over the moon” with the high court’s ruling. He said judges can no longer rely on predetermined bail amounts, and must now “look at each person who’s sitting before that judge in the eye, looking at their facts, and making a determination instead of somebody being subject to a price list for their liberty.\" [aside tag=\"bail,bail-reform\" label=\"more coverage\"]\u003c/p>\n\u003cp>Hertzberg’s latest legislation on bail, currently in the state Senate, will do what the Supreme Court’s ruling does not, he said: lay out the details of exactly how busy trial courts will implement the constitutional requirements.\u003c/p>\n\u003cp>Among other changes, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB262\">Senate Bill 262\u003c/a> would set bail at zero dollars for all but the most serious charges, freeing trial courts to hold pretrial detention hearings only in cases that are a tougher call.\u003c/p>\n\u003cp>Some bail industry and police organizations oppose the bill.\u003c/p>\n\u003cp>“We are pleased to see that the opinion has ended up being both thoughtful and fair to all sides,” a spokesperson for the California Bail Agents Association said of the state Supreme Court’s ruling Thursday.\u003c/p>\n\u003cp>Bazelon, the USF law professor, said the ruling will go a long way toward addressing systemic inequality in the criminal justice system.\u003c/p>\n\u003cp>“This decision speaks to the criminalization of poverty, but I also think it’s very important to say this decision speaks to the criminalization of race,” she said. “Overwhelmingly, the people who are stopped, arrested and detained are people of color, often without the ability to pay. Those are the people generally who are not able to be released, not able to fight their case, not able to pay their rent, whose families spiral into a circle of poverty.”\u003c/p>\n\u003cp>She added that the ruling “takes that tool out of the mass incarceration tool box.”\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in 'wealth-based detention' that violates defendants’ equal protection and due process rights.","status":"publish","parent":0,"modified":1616719809,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":954},"headData":{"title":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It | KQED","description":"The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in 'wealth-based detention' that violates defendants’ equal protection and due process rights.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It","datePublished":"2021-03-25T23:30:30.000Z","dateModified":"2021-03-26T00:50:09.000Z","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":"11866532 https://ww2.kqed.org/news/?p=11866532","disqusUrl":"https://ww2.kqed.org/news/2021/03/25/state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it/","disqusTitle":"State Supreme Court Ruling Curtails Cash Bail — But Doesn’t Abolish It","path":"/news/11866532/state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The state Supreme Court dealt a blow Thursday to California’s reliance on cash bail, ruling that judges can’t hold people before trial just because they can’t afford to pay for their release.\u003c/p>\n\u003cp>The court’s unanimous opinion finds that judges can’t simply rely on pre-determined bail amounts that functionally keep the less affluent behind bars, and concluded “that our Constitution prohibits pretrial detention to combat an arrestee’s risk of flight unless the court first finds, based upon clear and convincing evidence, that no condition or conditions of release can reasonably assure the arrestee’s appearance in court.”\u003c/p>\n\u003cp>The ruling is the latest step in a several-year struggle in California and nationally to upend the use of bail, which the court found often results in “wealth-based detention” that violates defendants’ equal protection and due process rights.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"USF law professor Lara Bazelon","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>University of San Francisco law professor Lara Bazelon said the ruling is potentially a “watershed” moment that enforces a defendant’s presumption of innocence.\u003c/p>\n\u003cp>“Grounding it firmly in the constitution makes it very clear that this is a right that is fundamental and it must be respected in trial courts in every part of the state,” she said. “That’s important because we were getting disparate outcomes depending on who the DA was and what kind of jurisdiction the person was in.”\u003c/p>\n\u003cp>Judges must now consider whether other requirements — such as electronic monitoring, pretrial check-ins or addiction treatment — can reasonably ensure a defendant won’t reoffend or skip court. And while judges may still impose bail, it can only be set at an amount the defendant can afford.\u003c/p>\n\u003cp>Justices made the ruling in the case of Kenneth Humphrey, a now 66-year-old Black man who faced $350,000 bail in 2017, when he was charged in San Francisco with robbery after taking $5 and a bottle of cologne from a neighbor. Humphrey’s public defender argued in court that he couldn’t afford that bail, and was held in jail unconstitutionally.\u003c/p>\n\u003cp>“Humphrey asks whether it is constitutional to incarcerate a defendant solely because he lacks financial resources,” the opinion says. “We conclude it is not.”\u003c/p>\n\u003cp>The opinion written by Associate Justice Mariano-Florentino Cuéllar cites research finding that large urban counties in California incarcerate people pretrial at higher rates than elsewhere in the country. And in this state, bail isn’t cheap. The median bail amount in California is $50,000, over five times the national median.\u003c/p>\n\u003cp>“Today’s historic decision affirms that people like our client Kenneth Humphrey, who bravely fought for his pretrial freedom, can no longer be locked up in jail simply for being poor and when they pose no threat to public safety,\" said San Francisco Public Defender Mano Raju in a statement. \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 ruling is distinct from a recent failed attempt by state legislators to completely eliminate the use of cash bail in California.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB10\">Senate Bill 10\u003c/a>, signed into law in 2018, was overturned by referendum and subsequently \u003ca href=\"https://ballotpedia.org/California_Proposition_25,_Replace_Cash_Bail_with_Risk_Assessments_Referendum_(2020)\">rejected by voters\u003c/a> in the last election. The law split progressives, many of whom thought that it left too much discretion in the hands of trial judges to continue to jail people awaiting trial.\u003c/p>\n\u003cp>State Sen. Robert Hertzberg, D-Van Nuys, one of the authors of SB 10, said Thursday that he is “over the moon” with the high court’s ruling. He said judges can no longer rely on predetermined bail amounts, and must now “look at each person who’s sitting before that judge in the eye, looking at their facts, and making a determination instead of somebody being subject to a price list for their liberty.\" \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"bail,bail-reform","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hertzberg’s latest legislation on bail, currently in the state Senate, will do what the Supreme Court’s ruling does not, he said: lay out the details of exactly how busy trial courts will implement the constitutional requirements.\u003c/p>\n\u003cp>Among other changes, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB262\">Senate Bill 262\u003c/a> would set bail at zero dollars for all but the most serious charges, freeing trial courts to hold pretrial detention hearings only in cases that are a tougher call.\u003c/p>\n\u003cp>Some bail industry and police organizations oppose the bill.\u003c/p>\n\u003cp>“We are pleased to see that the opinion has ended up being both thoughtful and fair to all sides,” a spokesperson for the California Bail Agents Association said of the state Supreme Court’s ruling Thursday.\u003c/p>\n\u003cp>Bazelon, the USF law professor, said the ruling will go a long way toward addressing systemic inequality in the criminal justice system.\u003c/p>\n\u003cp>“This decision speaks to the criminalization of poverty, but I also think it’s very important to say this decision speaks to the criminalization of race,” she said. “Overwhelmingly, the people who are stopped, arrested and detained are people of color, often without the ability to pay. Those are the people generally who are not able to be released, not able to fight their case, not able to pay their rent, whose families spiral into a circle of poverty.”\u003c/p>\n\u003cp>She added that the ruling “takes that tool out of the mass incarceration tool box.”\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11866532/state-supreme-court-ruling-curtails-cash-bail-but-doesnt-abolish-it","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_18821","news_24889","news_548","news_24036","news_38","news_959"],"featImg":"news_11866577","label":"news"},"news_11814193":{"type":"posts","id":"news_11814193","meta":{"index":"posts_1591205157","site":"news","id":"11814193","score":null,"sort":[1588112776000]},"guestAuthors":[],"slug":"released-from-ice-detention-into-a-pandemic-for-one-woman-returning-home-is-complex","title":"Released From ICE Detention Into a Pandemic: For One Woman, Returning Home Is Complex","publishDate":1588112776,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>When Lexis Hernandez Avilez returned to her family home in Monterey County last Friday after being released from immigration detention, she said she felt nervous and was shaking.\u003c/p>\n\u003cp>\"Honestly, I feel alone,\" Avilez said. \"I feel a little strange still, here. And right now, when I came in ... I started kind of feeling the same way I was in the cell, being isolated.\"\u003c/p>\n\u003cp>After nearly 17 months locked up in U.S. Immigration and Customs Enforcement detention centers, Avilez is now adjusting to a strange kind of freedom — with Californians ordered to shelter at home because of the coronavirus pandemic. [aside tag=\"immigration\" label=\"related coverage\"]\u003c/p>\n\u003cp>Avilez has lived most of her 41 years in California, after being brought to the U.S. from Mexico as a baby. But in 2018, Avilez was turned over to ICE after serving time for a felony assault.\u003c/p>\n\u003cp>Avilez was assigned male at birth but struggled with gender identity for years. While in ICE custody at the Yuba County Jail in Marysville, California, and fighting deportation in immigration court, Avilez began to identify as female, and a jail doctor ordered treatment for gender dysphoria.\u003c/p>\n\u003cp>In December 2019, without the knowledge of her lawyer, ICE \u003ca href=\"https://www.kqed.org/news/11793952/sf-public-defenders-office-takes-on-ice-over-transfer-of-client-to-texas\">transferred Avilez\u003c/a> to a detention facility in Texas — which officials said was the only place the agency could provide her the hormone therapy she needed.\u003c/p>\n\u003cp>Then, on April 8, U.S. District Judge Charles Breyer ruled that Avilez was entitled to a bond hearing. An immigration judge found Avilez was not a flight risk and granted her release on a bond of $10,000, which was paid by the California-based nonprofit \u003ca href=\"https://www.freedomforimmigrants.org/\">Freedom for Immigrants\u003c/a>.\u003c/p>\n\u003cp>ICE released Avilez on April 24 and flew her back to California. [ad fullwidth]\u003c/p>\n\u003cp>Avilez said she's happy to be free. But, ironically, she has found it hard to be away from the Prairieland Detention Center, south of Dallas, where ICE houses some transgender detainees. Avilez spent just over three months there and received the hormone treatment she sought. She said it was one of the few places she felt accepted.\u003c/p>\n\u003cp>\"They didn't see me no different, and that's why I was happy and I got real close with them,\" she said of the other immigrants in detention.\u003c/p>\n\u003cp>Now, Avilez is back with her family. But returning home in the midst of a pandemic is complicated, and being home has brought up feelings of isolation and claustrophobia that she felt before she found friends at the Texas facility.\u003c/p>\n\u003cp>Other people who've been \u003ca href=\"https://www.kqed.org/news/11813278/for-formerly-incarcerated-students-shelter-in-place-can-feel-like-prison-again\">previously incarcerated\u003c/a> have also reported that the shelter-in-place order has triggered some memories of isolation from inside. [pullquote size='medium' align='right' citation='Lexis Hernandez Avilez']'... I want to be able to wear my makeup. I don't have to be scared no more.'[/pullquote]\u003c/p>\n\u003cp>For Avilez, the difficult adjustment is not just the result of the time she spent in prison and detention, but that she's back in her aunt’s house — trying to live her life authentically in close quarters with some family members who haven't seen her since she transitioned to female.\u003c/p>\n\u003cp>\"My aunt still calls me m’ijo. It's kind of hard for her, and I understand that. I'll have to sit down and talk with her about that later,\" Avilez said. \"But, I want to be able to wear my makeup. I don't have to be scared no more.\"\u003c/p>\n\u003cp>Avilez lost an initial bid for asylum, but she has appealed. While she awaits her next immigration court hearing, she said she's eager to get her life started again. She wants to get a cellphone, so that she can call the friends she made in detention.\u003c/p>\n\u003cp>She also wants to get her job back. Avilez said she used to work in the medical field as a service technician, helping people who use wheelchairs and providing assistance to the elderly across Monterey County.\u003c/p>\n\u003cp>\"I'm happy I'm free. [Though] I don't feel completely free because I'm wearing an ankle monitor ... I can't go out,” she said.\u003c/p>\n\u003cp>Since Avilez left ICE custody, she has not had access to hormone treatment. But attorney Hector Vega of the San Francisco Public Defender's Office, who represents Avilez in her immigration case, said social workers in his office have found a clinic in Monterey County that can provide her the medication, free of charge.\u003c/p>\n\u003cp>In her first act of independence since being released from detention, Avilez bought a pink T-shirt with a single parentheses in the middle and colons dotting either side, creating the image of both a sad and happy face.\u003c/p>\n\u003cp>\"Is it a happy face?” Avilez asked. “You decide if it's happy or not.\"\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"After nearly 17 months locked up in ICE detention centers, Lexis Avilez is now adjusting to a strange kind of freedom — with Californians ordered to shelter at home because of the coronavirus pandemic.","status":"publish","parent":0,"modified":1588113218,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":798},"headData":{"title":"Released From ICE Detention Into a Pandemic: For One Woman, Returning Home Is Complex | KQED","description":"After nearly 17 months locked up in ICE detention centers, Lexis Avilez is now adjusting to a strange kind of freedom — with Californians ordered to shelter at home because of the coronavirus pandemic.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Released From ICE Detention Into a Pandemic: For One Woman, Returning Home Is Complex","datePublished":"2020-04-28T22:26:16.000Z","dateModified":"2020-04-28T22:33:38.000Z","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":"11814193 https://ww2.kqed.org/news/?p=11814193","disqusUrl":"https://ww2.kqed.org/news/2020/04/28/released-from-ice-detention-into-a-pandemic-for-one-woman-returning-home-is-complex/","disqusTitle":"Released From ICE Detention Into a Pandemic: For One Woman, Returning Home Is Complex","path":"/news/11814193/released-from-ice-detention-into-a-pandemic-for-one-woman-returning-home-is-complex","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Lexis Hernandez Avilez returned to her family home in Monterey County last Friday after being released from immigration detention, she said she felt nervous and was shaking.\u003c/p>\n\u003cp>\"Honestly, I feel alone,\" Avilez said. \"I feel a little strange still, here. And right now, when I came in ... I started kind of feeling the same way I was in the cell, being isolated.\"\u003c/p>\n\u003cp>After nearly 17 months locked up in U.S. Immigration and Customs Enforcement detention centers, Avilez is now adjusting to a strange kind of freedom — with Californians ordered to shelter at home because of the coronavirus pandemic. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Avilez has lived most of her 41 years in California, after being brought to the U.S. from Mexico as a baby. But in 2018, Avilez was turned over to ICE after serving time for a felony assault.\u003c/p>\n\u003cp>Avilez was assigned male at birth but struggled with gender identity for years. While in ICE custody at the Yuba County Jail in Marysville, California, and fighting deportation in immigration court, Avilez began to identify as female, and a jail doctor ordered treatment for gender dysphoria.\u003c/p>\n\u003cp>In December 2019, without the knowledge of her lawyer, ICE \u003ca href=\"https://www.kqed.org/news/11793952/sf-public-defenders-office-takes-on-ice-over-transfer-of-client-to-texas\">transferred Avilez\u003c/a> to a detention facility in Texas — which officials said was the only place the agency could provide her the hormone therapy she needed.\u003c/p>\n\u003cp>Then, on April 8, U.S. District Judge Charles Breyer ruled that Avilez was entitled to a bond hearing. An immigration judge found Avilez was not a flight risk and granted her release on a bond of $10,000, which was paid by the California-based nonprofit \u003ca href=\"https://www.freedomforimmigrants.org/\">Freedom for Immigrants\u003c/a>.\u003c/p>\n\u003cp>ICE released Avilez on April 24 and flew her back to California. \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>Avilez said she's happy to be free. But, ironically, she has found it hard to be away from the Prairieland Detention Center, south of Dallas, where ICE houses some transgender detainees. Avilez spent just over three months there and received the hormone treatment she sought. She said it was one of the few places she felt accepted.\u003c/p>\n\u003cp>\"They didn't see me no different, and that's why I was happy and I got real close with them,\" she said of the other immigrants in detention.\u003c/p>\n\u003cp>Now, Avilez is back with her family. But returning home in the midst of a pandemic is complicated, and being home has brought up feelings of isolation and claustrophobia that she felt before she found friends at the Texas facility.\u003c/p>\n\u003cp>Other people who've been \u003ca href=\"https://www.kqed.org/news/11813278/for-formerly-incarcerated-students-shelter-in-place-can-feel-like-prison-again\">previously incarcerated\u003c/a> have also reported that the shelter-in-place order has triggered some memories of isolation from inside. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'... I want to be able to wear my makeup. I don't have to be scared no more.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lexis Hernandez Avilez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For Avilez, the difficult adjustment is not just the result of the time she spent in prison and detention, but that she's back in her aunt’s house — trying to live her life authentically in close quarters with some family members who haven't seen her since she transitioned to female.\u003c/p>\n\u003cp>\"My aunt still calls me m’ijo. It's kind of hard for her, and I understand that. I'll have to sit down and talk with her about that later,\" Avilez said. \"But, I want to be able to wear my makeup. I don't have to be scared no more.\"\u003c/p>\n\u003cp>Avilez lost an initial bid for asylum, but she has appealed. While she awaits her next immigration court hearing, she said she's eager to get her life started again. She wants to get a cellphone, so that she can call the friends she made in detention.\u003c/p>\n\u003cp>She also wants to get her job back. Avilez said she used to work in the medical field as a service technician, helping people who use wheelchairs and providing assistance to the elderly across Monterey County.\u003c/p>\n\u003cp>\"I'm happy I'm free. [Though] I don't feel completely free because I'm wearing an ankle monitor ... I can't go out,” she said.\u003c/p>\n\u003cp>Since Avilez left ICE custody, she has not had access to hormone treatment. But attorney Hector Vega of the San Francisco Public Defender's Office, who represents Avilez in her immigration case, said social workers in his office have found a clinic in Monterey County that can provide her the medication, free of charge.\u003c/p>\n\u003cp>In her first act of independence since being released from detention, Avilez bought a pink T-shirt with a single parentheses in the middle and colons dotting either side, creating the image of both a sad and happy face.\u003c/p>\n\u003cp>\"Is it a happy face?” Avilez asked. “You decide if it's happy or not.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11814193/released-from-ice-detention-into-a-pandemic-for-one-woman-returning-home-is-complex","authors":["11526"],"categories":["news_1169","news_6188","news_8"],"tags":["news_18123","news_21027","news_20202","news_959","news_25891","news_20529"],"featImg":"news_11814235","label":"news"},"news_11813475":{"type":"posts","id":"news_11813475","meta":{"index":"posts_1591205157","site":"news","id":"11813475","score":null,"sort":[1587556829000]},"guestAuthors":[],"slug":"sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding","title":"SF Public Defender Sues for Release of ICE Detainees to Reduce Crowding","publishDate":1587556829,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>Immigrant advocates and San Francisco’s public defender announced a class-action lawsuit against U.S. Immigration and Customs Enforcement Tuesday, calling for a substantial reduction in the population at two immigration detention centers in California, which they say is the only way of protecting detainees from the coronavirus.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.aclunc.org/sites/default/files/ICE_CLASS_ACTION_COMPLAINT_042020.pdf\">suit\u003c/a>, which was filed in federal district court in San Francisco Monday, is the first class action filed on behalf of more than 400 people detained by ICE at the Yuba County Jail and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield, according to the plaintiffs.\u003c/p>\n\u003cp>None of the detained people in either facility have yet been diagnosed with COVID-19. But unless ICE can reduce the population enough to permit detainees to maintain social distancing of 6 feet or more, it’s just a matter of time advocates say.\u003c/p>\n\u003cp>“The detainees in these facilities live in crowded, shared spaces,” according to the complaint. “Many sleep and spend most waking hours within arm’s reach of one another in assigned bunk beds in cramped dormitories. They share dining areas, standing inches apart as they wait in line for food and then sitting shoulder to shoulder as they eat on chairs that are bolted to the floor.”\u003c/p>\n\u003cp>At a news conference Tuesday, Charles Joseph, a Sacramento resident who was released from Mesa Verde on April 13 under a judge’s orders, said he felt ICE treated the health of detainees with disregard.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“They continue to fill dorms to capacity with people who could be carriers. There are 100 bunks in one room,” said Joseph. “This pandemic has caused us not to be quiet anymore, because our detention for a civil matter may be a death sentence.”\u003c/p>\n\u003cp>Joseph said he had joined a sit-in and a hunger strike at Mesa Verde to protest conditions. The lawsuit also seeks to prevent ICE from retaliating against those who participate in such protests, and asked the court to set aside an ICE policy that prohibits “engaging in or inciting a group demonstration.”\u003c/p>\n\u003cp>ICE will not comment on pending litigation, the agency said in a statement released by spokesman Jonathan Moor.\u003c/p>\n\u003cp>The statement also said that the agency “is taking all necessary precautionary measures to ensure all ICE detainees are screened medically upon their arrival to our facilities. Comprehensive protocols are in place for the protection of staff and detainee patients, including the appropriate use of personal protective equipment (PPE), in accordance with CDC guidance ... . As an additional measure of defense, ICE detainees suspected of exposure or infection of certain diseases are medically ‘cohorted,’ in line with CDC guidelines and ICE detention standards.”\u003c/p>\n\u003cp>The agency added that starting April 17, people detained at Mesa Verde would receive surgical masks every Monday, Wednesday and Friday during the pandemic.\u003c/p>\n\u003cp>As of Tuesday evening, 253 ICE detainees \u003ca href=\"https://www.ice.gov/coronavirus\">had been diagnosed with COVID-19\u003c/a> across the country, along with 32 ICE agents working in detention centers.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"immigration\"]\u003c/p>\n\u003cp>An outbreak at the Otay Mesa Detention Center in San Diego has infected 29 detained immigrants and at least 16 staff members from both ICE and the company that operates the jail, CoreCivic. It is the only one of the four ICE facilities in California to report coronavirus cases.\u003c/p>\n\u003cp>Immigration lawyers representing detainees at the Yuba County Jail and Mesa Verde say they don’t believe ICE is testing people for coronavirus at either location. Moor, the ICE spokesman, said he did not know whether COVID-19 tests have been performed on anyone at the facilities.\u003c/p>\n\u003cp>Last week, U.S. Sens. Kamala Harris and Dianne Feinstein, along with Rep. Juan Vargas, D-San Diego, called on the Department of Homeland Security’s inspector general to investigate an incident at Otay Mesa in which some detainees say they were pepper-sprayed or threatened with pepper spray when they resisted guards’ requirement that they sign liability release forms in order to receive protective masks.\u003c/p>\n\u003cp>ICE has reduced the number of people in custody nationally, from more than 38,000 three weeks ago to a total of just over 32,000 as of April 11. There were 3,402 people in ICE’s four California detention facilities as of March 28, according to the most recent data available.\u003c/p>\n\u003cp>ICE officials said they have released almost 700 medically vulnerable immigrants, including pregnant women and people over 60. Many of these releases have been ordered by courts responding to a series of lawsuits filed in recent weeks by advocates around the country, including at least 10 in California.\u003c/p>\n\u003cp>The San Francisco lawsuit comes just one day after a federal judge in Los Angeles \u003ca href=\"https://creeclaw.org/wp-content/uploads/2020/04/2020-04-20-132-Order-Granting-Amicus-Brs.-Subclass-Cert.-PI.pdf\">ordered\u003c/a> ICE to promptly identify every person in its custody nationally who is at risk for coronavirus complications and to consider each one for release.\u003c/p>\n\u003cp>In the Los Angeles case, U.S. District Judge Jesus Bernal gave ICE 10 days to identify all detainees who are over 55 years old, pregnant or suffer from chronic health conditions. He wrote that ICE’s policies and delayed response were likely to subject them to a “substantial risk of serious harm” and amounted to “callous indifference” to their safety and well-being.\u003c/p>\n\u003cp>Bernal also pointed out that ICE has the option to release people — including medically vulnerable individuals — “on bond or conditional parole.”\u003c/p>\n\u003cp>In announcing the San Francisco lawsuit Tuesday, Bree Bernwanger, an attorney with the Lawyers' Committee for Civil Rights, said plaintiffs were asking the court to order ICE to release enough people to make the facilities safe for those who remain inside.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The conditions of confinement in both facilities is unconstitutional and incredibly dangerous,\" Bernwanger said.\u003c/p>\n\n","blocks":[],"excerpt":"Plaintiffs say conditions at two California ICE detention centers are \"unconstitutional and incredibly dangerous\" during the coronavirus pandemic.","status":"publish","parent":0,"modified":1587587820,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":973},"headData":{"title":"SF Public Defender Sues for Release of ICE Detainees to Reduce Crowding | KQED","description":"Plaintiffs say conditions at two California ICE detention centers are "unconstitutional and incredibly dangerous" during the coronavirus pandemic.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF Public Defender Sues for Release of ICE Detainees to Reduce Crowding","datePublished":"2020-04-22T12:00:29.000Z","dateModified":"2020-04-22T20:37:00.000Z","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":"11813475 https://ww2.kqed.org/news/?p=11813475","disqusUrl":"https://ww2.kqed.org/news/2020/04/22/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding/","disqusTitle":"SF Public Defender Sues for Release of ICE Detainees to Reduce Crowding","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","path":"/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigrant advocates and San Francisco’s public defender announced a class-action lawsuit against U.S. Immigration and Customs Enforcement Tuesday, calling for a substantial reduction in the population at two immigration detention centers in California, which they say is the only way of protecting detainees from the coronavirus.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.aclunc.org/sites/default/files/ICE_CLASS_ACTION_COMPLAINT_042020.pdf\">suit\u003c/a>, which was filed in federal district court in San Francisco Monday, is the first class action filed on behalf of more than 400 people detained by ICE at the Yuba County Jail and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield, according to the plaintiffs.\u003c/p>\n\u003cp>None of the detained people in either facility have yet been diagnosed with COVID-19. But unless ICE can reduce the population enough to permit detainees to maintain social distancing of 6 feet or more, it’s just a matter of time advocates say.\u003c/p>\n\u003cp>“The detainees in these facilities live in crowded, shared spaces,” according to the complaint. “Many sleep and spend most waking hours within arm’s reach of one another in assigned bunk beds in cramped dormitories. They share dining areas, standing inches apart as they wait in line for food and then sitting shoulder to shoulder as they eat on chairs that are bolted to the floor.”\u003c/p>\n\u003cp>At a news conference Tuesday, Charles Joseph, a Sacramento resident who was released from Mesa Verde on April 13 under a judge’s orders, said he felt ICE treated the health of detainees with disregard.\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>“They continue to fill dorms to capacity with people who could be carriers. There are 100 bunks in one room,” said Joseph. “This pandemic has caused us not to be quiet anymore, because our detention for a civil matter may be a death sentence.”\u003c/p>\n\u003cp>Joseph said he had joined a sit-in and a hunger strike at Mesa Verde to protest conditions. The lawsuit also seeks to prevent ICE from retaliating against those who participate in such protests, and asked the court to set aside an ICE policy that prohibits “engaging in or inciting a group demonstration.”\u003c/p>\n\u003cp>ICE will not comment on pending litigation, the agency said in a statement released by spokesman Jonathan Moor.\u003c/p>\n\u003cp>The statement also said that the agency “is taking all necessary precautionary measures to ensure all ICE detainees are screened medically upon their arrival to our facilities. Comprehensive protocols are in place for the protection of staff and detainee patients, including the appropriate use of personal protective equipment (PPE), in accordance with CDC guidance ... . As an additional measure of defense, ICE detainees suspected of exposure or infection of certain diseases are medically ‘cohorted,’ in line with CDC guidelines and ICE detention standards.”\u003c/p>\n\u003cp>The agency added that starting April 17, people detained at Mesa Verde would receive surgical masks every Monday, Wednesday and Friday during the pandemic.\u003c/p>\n\u003cp>As of Tuesday evening, 253 ICE detainees \u003ca href=\"https://www.ice.gov/coronavirus\">had been diagnosed with COVID-19\u003c/a> across the country, along with 32 ICE agents working in detention centers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>An outbreak at the Otay Mesa Detention Center in San Diego has infected 29 detained immigrants and at least 16 staff members from both ICE and the company that operates the jail, CoreCivic. It is the only one of the four ICE facilities in California to report coronavirus cases.\u003c/p>\n\u003cp>Immigration lawyers representing detainees at the Yuba County Jail and Mesa Verde say they don’t believe ICE is testing people for coronavirus at either location. Moor, the ICE spokesman, said he did not know whether COVID-19 tests have been performed on anyone at the facilities.\u003c/p>\n\u003cp>Last week, U.S. Sens. Kamala Harris and Dianne Feinstein, along with Rep. Juan Vargas, D-San Diego, called on the Department of Homeland Security’s inspector general to investigate an incident at Otay Mesa in which some detainees say they were pepper-sprayed or threatened with pepper spray when they resisted guards’ requirement that they sign liability release forms in order to receive protective masks.\u003c/p>\n\u003cp>ICE has reduced the number of people in custody nationally, from more than 38,000 three weeks ago to a total of just over 32,000 as of April 11. There were 3,402 people in ICE’s four California detention facilities as of March 28, according to the most recent data available.\u003c/p>\n\u003cp>ICE officials said they have released almost 700 medically vulnerable immigrants, including pregnant women and people over 60. Many of these releases have been ordered by courts responding to a series of lawsuits filed in recent weeks by advocates around the country, including at least 10 in California.\u003c/p>\n\u003cp>The San Francisco lawsuit comes just one day after a federal judge in Los Angeles \u003ca href=\"https://creeclaw.org/wp-content/uploads/2020/04/2020-04-20-132-Order-Granting-Amicus-Brs.-Subclass-Cert.-PI.pdf\">ordered\u003c/a> ICE to promptly identify every person in its custody nationally who is at risk for coronavirus complications and to consider each one for release.\u003c/p>\n\u003cp>In the Los Angeles case, U.S. District Judge Jesus Bernal gave ICE 10 days to identify all detainees who are over 55 years old, pregnant or suffer from chronic health conditions. He wrote that ICE’s policies and delayed response were likely to subject them to a “substantial risk of serious harm” and amounted to “callous indifference” to their safety and well-being.\u003c/p>\n\u003cp>Bernal also pointed out that ICE has the option to release people — including medically vulnerable individuals — “on bond or conditional parole.”\u003c/p>\n\u003cp>In announcing the San Francisco lawsuit Tuesday, Bree Bernwanger, an attorney with the Lawyers' Committee for Civil Rights, said plaintiffs were asking the court to order ICE to release enough people to make the facilities safe for those who remain inside.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The conditions of confinement in both facilities is unconstitutional and incredibly dangerous,\" Bernwanger said.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_8"],"tags":["news_27350","news_27504","news_27240","news_6884","news_20202","news_27797","news_959","news_25025"],"featImg":"news_11810080","label":"source_news_11813475"},"news_11805573":{"type":"posts","id":"news_11805573","meta":{"index":"posts_1591205157","site":"news","id":"11805573","score":null,"sort":[1583524377000]},"guestAuthors":[],"slug":"sf-officials-slam-ice-for-arresting-man-outside-courthouse","title":"SF Officials Slam ICE for Arresting Man Outside Courthouse","publishDate":1583524377,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>An undocumented man was detained by federal immigration authorities this week in front of the San Francisco Hall of Justice, where the criminal courts are located. The arrest was strongly condemned by the city’s public defender and district attorney, who say courthouses should be off limits to immigration enforcement.\u003c/p>\n\u003cp>The San Francisco resident was on his way to a court hearing at 850 Bryant St. when he was arrested by U.S. Immigration and Customs Enforcement agents — the first such arrest in the city, said the Public Defender’s Office.\u003c/p>\n\u003cp>“This undermines community trust and public safety,” said San Francisco Public Defender Mano Raju. “It does deter people from coming to court.”\u003c/p>\n\u003cp>Last month, ICE agents also \u003ca href=\"https://www.sfchronicle.com/crime/article/ICE-arrests-3-at-Sonoma-County-courthouse-local-15067595.php\">detained two men\u003c/a> at the Sonoma County Superior Court. [aside tag=\"immigration\" label=\"related coverage\"]\u003c/p>\n\u003cp>The courthouse arrests come as the Trump administration has renewed efforts to counter sanctuary jurisdictions, arguing they interfere with federal immigration enforcement.\u003c/p>\n\u003cp>This week, President Trump said the federal government will begin \u003ca href=\"https://thehill.com/homenews/administration/486078-trump-government-will-start-withholding-funds-from-sanctuary-cities\">withholding grants\u003c/a> from sanctuary cities and states, after an appeals court in Manhattan ruled they have the authority to do so. U.S. Attorney General William Barr \u003ca href=\"https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-national-sheriffs-association-winter\">said\u003c/a> last month that public areas of courthouses must be accessible to federal law enforcement officers.\u003c/p>\n\u003cp>A California law that took effect this year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB668\">Assembly Bill 668\u003c/a>, which prohibits civil arrests in courthouses without a judicial warrant, which the agents did not have.\u003c/p>\n\u003cp>“California law explicitly forbids a civil enforcement agency like ICE from making a civil arrest without warrant outside of a courthouse,” Raju said.\u003c/p>\n\u003cp>But the Trump administration argues that immigration agents have the authority to make courthouse arrests without judicial warrants. While ICE generally avoids immigration enforcement at “\u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\">sensitive locations\u003c/a>” such as schools, churches and hospitals, it does not treat courthouses that way.\u003c/p>\n\u003cp>The undocumented Mexican national who was detained in San Francisco on Tuesday had three felony convictions for second-degree burglary from 2016, 2017 and 2019, according to ICE. The agency identified him as 43-year-old Alberto Uc Ponce.\u003c/p>\n\u003cp>The agency said it arrested him near the courthouse because local law enforcement had refused to turn him over to ICE several times. The agency said local jurisdictions that don’t cooperate with ICE are likely to see an increase of arrests in the community, as agents are less able to detain immigrants at jails.\u003c/p>\n\u003cp>David Jennings, field office director for ICE in San Francisco, blamed sanctuary policies.\u003c/p>\n\u003cp>“Criminals like this individual are released to reoffend again and again,” said Jennings in a statement. “A simple phone call to ICE to arrange the secure transfer of such individuals would serve the hard-working residents of the city far more than a misguided sanctuary policy that, as proven here and numerous times in the past, goes to great lengths to protect criminals under the guise of protecting the citizenry.” [ad fullwidth]\u003c/p>\n\u003cp>California’s sanctuary law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">Senate Bill 54\u003c/a>, prohibits local police, sheriffs and jail officials from handing over immigrants to ICE, unless they have been convicted of serious felonies or other crimes, including burglary.\u003c/p>\n\u003cp>The man’s attorney at the Public Defender’s Office, Emilou MacLean, declined to comment on her client’s criminal history, or whether he was protected by SB 54.\u003c/p>\n\u003cp>“This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing,” said MacLean in an email. [pullquote size='medium' align='right' citation='Attorney Emilou MacLean']'This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing'[/pullquote]\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin also called for ICE to stop making arrests at courthouses.\u003c/p>\n\u003cp>“ICE actions in or near our courthouses deters people from accessing our justice system, making us all less safe,” Boudin said.\u003c/p>\n\u003cp>But Jennings, the ICE field office director, said federal immigration agents are not bound by California's law against courthouse arrests.\u003c/p>\n\u003cp>“California Assembly Bill 668 cannot and will not govern the conduct of federal officers acting pursuant to duly-enacted laws passed by Congress that provide the authority to make administrative arrests of removable aliens inside the United States,” he said.\u003c/p>\n\u003cp>Assemblywoman Lorena Gonzalez, D-San Diego, who authored AB 668, said President Trump’s “aggressive immigration policies are making all of our communities less safe.”\u003c/p>\n\u003cp>“When people don’t feel safe showing up to court to act as a witness, pay a fine or file papers — the system is broken,” she said.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The San Francisco resident was on his way to a court hearing at 850 Bryant St. when he was arrested by Immigration and Customs Enforcement agents, the first such arrest in the city, said the public defender’s office.","status":"publish","parent":0,"modified":1583540809,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":803},"headData":{"title":"SF Officials Slam ICE for Arresting Man Outside Courthouse | KQED","description":"The San Francisco resident was on his way to a court hearing at 850 Bryant St. when he was arrested by Immigration and Customs Enforcement agents, the first such arrest in the city, said the public defender’s office.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF Officials Slam ICE for Arresting Man Outside Courthouse","datePublished":"2020-03-06T19:52:57.000Z","dateModified":"2020-03-07T00:26:49.000Z","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":"11805573 https://ww2.kqed.org/news/?p=11805573","disqusUrl":"https://ww2.kqed.org/news/2020/03/06/sf-officials-slam-ice-for-arresting-man-outside-courthouse/","disqusTitle":"SF Officials Slam ICE for Arresting Man Outside Courthouse","path":"/news/11805573/sf-officials-slam-ice-for-arresting-man-outside-courthouse","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>An undocumented man was detained by federal immigration authorities this week in front of the San Francisco Hall of Justice, where the criminal courts are located. The arrest was strongly condemned by the city’s public defender and district attorney, who say courthouses should be off limits to immigration enforcement.\u003c/p>\n\u003cp>The San Francisco resident was on his way to a court hearing at 850 Bryant St. when he was arrested by U.S. Immigration and Customs Enforcement agents — the first such arrest in the city, said the Public Defender’s Office.\u003c/p>\n\u003cp>“This undermines community trust and public safety,” said San Francisco Public Defender Mano Raju. “It does deter people from coming to court.”\u003c/p>\n\u003cp>Last month, ICE agents also \u003ca href=\"https://www.sfchronicle.com/crime/article/ICE-arrests-3-at-Sonoma-County-courthouse-local-15067595.php\">detained two men\u003c/a> at the Sonoma County Superior Court. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The courthouse arrests come as the Trump administration has renewed efforts to counter sanctuary jurisdictions, arguing they interfere with federal immigration enforcement.\u003c/p>\n\u003cp>This week, President Trump said the federal government will begin \u003ca href=\"https://thehill.com/homenews/administration/486078-trump-government-will-start-withholding-funds-from-sanctuary-cities\">withholding grants\u003c/a> from sanctuary cities and states, after an appeals court in Manhattan ruled they have the authority to do so. U.S. Attorney General William Barr \u003ca href=\"https://www.justice.gov/opa/speech/attorney-general-william-p-barr-delivers-remarks-national-sheriffs-association-winter\">said\u003c/a> last month that public areas of courthouses must be accessible to federal law enforcement officers.\u003c/p>\n\u003cp>A California law that took effect this year, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB668\">Assembly Bill 668\u003c/a>, which prohibits civil arrests in courthouses without a judicial warrant, which the agents did not have.\u003c/p>\n\u003cp>“California law explicitly forbids a civil enforcement agency like ICE from making a civil arrest without warrant outside of a courthouse,” Raju said.\u003c/p>\n\u003cp>But the Trump administration argues that immigration agents have the authority to make courthouse arrests without judicial warrants. While ICE generally avoids immigration enforcement at “\u003ca href=\"https://www.ice.gov/ero/enforcement/sensitive-loc\">sensitive locations\u003c/a>” such as schools, churches and hospitals, it does not treat courthouses that way.\u003c/p>\n\u003cp>The undocumented Mexican national who was detained in San Francisco on Tuesday had three felony convictions for second-degree burglary from 2016, 2017 and 2019, according to ICE. The agency identified him as 43-year-old Alberto Uc Ponce.\u003c/p>\n\u003cp>The agency said it arrested him near the courthouse because local law enforcement had refused to turn him over to ICE several times. The agency said local jurisdictions that don’t cooperate with ICE are likely to see an increase of arrests in the community, as agents are less able to detain immigrants at jails.\u003c/p>\n\u003cp>David Jennings, field office director for ICE in San Francisco, blamed sanctuary policies.\u003c/p>\n\u003cp>“Criminals like this individual are released to reoffend again and again,” said Jennings in a statement. “A simple phone call to ICE to arrange the secure transfer of such individuals would serve the hard-working residents of the city far more than a misguided sanctuary policy that, as proven here and numerous times in the past, goes to great lengths to protect criminals under the guise of protecting the citizenry.” \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>California’s sanctuary law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54\">Senate Bill 54\u003c/a>, prohibits local police, sheriffs and jail officials from handing over immigrants to ICE, unless they have been convicted of serious felonies or other crimes, including burglary.\u003c/p>\n\u003cp>The man’s attorney at the Public Defender’s Office, Emilou MacLean, declined to comment on her client’s criminal history, or whether he was protected by SB 54.\u003c/p>\n\u003cp>“This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing,” said MacLean in an email. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'This is a question of the illegitimacy and the illegality of courthouse arrests — where ICE is essentially stationing itself at the courthouse and ambushing someone who shows up for a court hearing'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Attorney Emilou MacLean","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>San Francisco District Attorney Chesa Boudin also called for ICE to stop making arrests at courthouses.\u003c/p>\n\u003cp>“ICE actions in or near our courthouses deters people from accessing our justice system, making us all less safe,” Boudin said.\u003c/p>\n\u003cp>But Jennings, the ICE field office director, said federal immigration agents are not bound by California's law against courthouse arrests.\u003c/p>\n\u003cp>“California Assembly Bill 668 cannot and will not govern the conduct of federal officers acting pursuant to duly-enacted laws passed by Congress that provide the authority to make administrative arrests of removable aliens inside the United States,” he said.\u003c/p>\n\u003cp>Assemblywoman Lorena Gonzalez, D-San Diego, who authored AB 668, said President Trump’s “aggressive immigration policies are making all of our communities less safe.”\u003c/p>\n\u003cp>“When people don’t feel safe showing up to court to act as a witness, pay a fine or file papers — the system is broken,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11805573/sf-officials-slam-ice-for-arresting-man-outside-courthouse","authors":["8659"],"programs":["news_6944","news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_24162","news_21027","news_20202","news_38","news_959","news_18775"],"featImg":"news_11805615","label":"news_72"},"news_11793952":{"type":"posts","id":"news_11793952","meta":{"index":"posts_1591205157","site":"news","id":"11793952","score":null,"sort":[1578167139000]},"guestAuthors":[],"slug":"sf-public-defenders-office-takes-on-ice-over-transfer-of-client-to-texas","title":"SF Public Defender's Office Takes on ICE Over Transfer of Client to Texas","publishDate":1578167139,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The San Francisco Public Defender's Office is requesting an immediate hearing to have a transgender woman, who was transferred out of California on Christmas Day, released or returned to the state.\u003c/p>\n\u003cp>The public defender's office \u003ca href=\"https://sfpublicdefender.org/news/2020/01/sf-public-defenders-file-restraining-order-against-ice-for-christmas-night-transfer-of-transgender-detainee-to-texas-isolation/\" target=\"_blank\" rel=\"noopener noreferrer\">filed a motion\u003c/a> on Friday for a temporary restraining order against Immigration and Customs Enforcement (ICE) and the Yuba County Sheriff's Office on behalf of their client, 41-year old Lexis Avilez.\u003c/p>\n\u003cp>[aside tag='immigration' label='Related Coverage']\u003c/p>\n\u003cp>Defendants have until noon on Jan. 7 to respond.\u003c/p>\n\u003cp>For nearly 14 months, Avilez has been held at the Yuba County Detention Center while lawyers worked on getting her a bond hearing, according to court documents filed on Friday.\u003c/p>\n\u003cp>According to the public defender's office, on Christmas 2019, officials at Yuba led Avilez to believe she was being released.\u003c/p>\n\u003cp>\"She was extremely happy,\" said Deputy Public Defender Hector Vega, who represents Avilez. \"She called it a 'Christmas miracle' and called her family to tell them she was going to be released and be home soon.\"\u003c/p>\n\u003cp>But Vega said later that night, after she was transferred to the ICE processing facility in Sacramento, officials told her she was, instead, being transferred to the Prairieland Detention Center in Alvarado, Texas, nearly 2,000 miles away from her family and legal counsel.\u003c/p>\n\u003cp>\"I received no notice of the transfer until it happened,\" said Vega.\u003c/p>\n\u003cp>Once Vega finally got in touch with ICE officials, they explained that they moved Avilez to the Texas facility because it was better suited to her needs.[pullquote size='medium' align='right' citation='Lexis Avilez']'I think this has been so cruel to me. ICE and the other officers know how difficult the last 14 months have been for me and yet have had no compassion for the way they detain me and move me around like I mean nothing.'[/pullquote]\u003c/p>\n\u003cp>But Vega's concerned that's not the case.\u003c/p>\n\u003cp>\"Now that she's in the new detention center, I've been in talks with the new medical staff who have also not provided the hormonal treatment, and have given me no assurances that Ms. Avilez will receive the medication she needs,\" said Vega.\u003c/p>\n\u003cp>The public defender's office also stated in a press release that Avilez is being detained in \"segregated confinement, forced to wear male clothes, and denied the ability to call her lawyer at no cost.\"\u003c/p>\n\u003cp>\"I think this has been so cruel to me,\" said Avilez in a statement. \"ICE and the other officers know how difficult the last 14 months have been for me and yet have had no compassion for the way they detain me and move me around like I mean nothing.\"\u003c/p>\n\u003cp>Avilez has lived in California for the past 40 years after being brought to the United States as a baby. After struggling with her identity for years, she began to identify as female after being taken into ICE custody in 2018. Federal officials are seeking to deport her due to a past felony assault charge.\u003c/p>\n\u003cp>In June 2019, during her time at Yuba, Avilez was diagnosed with gender dysphoria. At that time, Avilez's lawyers began communication with ICE and Yuba officials regarding her healthcare, but she still did not receive necessary medication while there.\u003c/p>\n\u003cp>ICE officials said they had no comment regarding the case. The Yuba County Sheriff's Office did not immediately respond to a request for comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"On Christmas Day, a transgender woman in ICE custody was transferred from California to Texas, nearly 2,000 away from her family and legal counsel. ","status":"publish","parent":0,"modified":1578511821,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":569},"headData":{"title":"SF Public Defender's Office Takes on ICE Over Transfer of Client to Texas | KQED","description":"On Christmas Day, a transgender woman in ICE custody was transferred from California to Texas, nearly 2,000 away from her family and legal counsel. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF Public Defender's Office Takes on ICE Over Transfer of Client to Texas","datePublished":"2020-01-04T19:45:39.000Z","dateModified":"2020-01-08T19:30:21.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11793952 https://ww2.kqed.org/news/?p=11793952","disqusUrl":"https://ww2.kqed.org/news/2020/01/04/sf-public-defenders-office-takes-on-ice-over-transfer-of-client-to-texas/","disqusTitle":"SF Public Defender's Office Takes on ICE Over Transfer of Client to Texas","path":"/news/11793952/sf-public-defenders-office-takes-on-ice-over-transfer-of-client-to-texas","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Public Defender's Office is requesting an immediate hearing to have a transgender woman, who was transferred out of California on Christmas Day, released or returned to the state.\u003c/p>\n\u003cp>The public defender's office \u003ca href=\"https://sfpublicdefender.org/news/2020/01/sf-public-defenders-file-restraining-order-against-ice-for-christmas-night-transfer-of-transgender-detainee-to-texas-isolation/\" target=\"_blank\" rel=\"noopener noreferrer\">filed a motion\u003c/a> on Friday for a temporary restraining order against Immigration and Customs Enforcement (ICE) and the Yuba County Sheriff's Office on behalf of their client, 41-year old Lexis Avilez.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Defendants have until noon on Jan. 7 to respond.\u003c/p>\n\u003cp>For nearly 14 months, Avilez has been held at the Yuba County Detention Center while lawyers worked on getting her a bond hearing, according to court documents filed on Friday.\u003c/p>\n\u003cp>According to the public defender's office, on Christmas 2019, officials at Yuba led Avilez to believe she was being released.\u003c/p>\n\u003cp>\"She was extremely happy,\" said Deputy Public Defender Hector Vega, who represents Avilez. \"She called it a 'Christmas miracle' and called her family to tell them she was going to be released and be home soon.\"\u003c/p>\n\u003cp>But Vega said later that night, after she was transferred to the ICE processing facility in Sacramento, officials told her she was, instead, being transferred to the Prairieland Detention Center in Alvarado, Texas, nearly 2,000 miles away from her family and legal counsel.\u003c/p>\n\u003cp>\"I received no notice of the transfer until it happened,\" said Vega.\u003c/p>\n\u003cp>Once Vega finally got in touch with ICE officials, they explained that they moved Avilez to the Texas facility because it was better suited to her needs.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I think this has been so cruel to me. ICE and the other officers know how difficult the last 14 months have been for me and yet have had no compassion for the way they detain me and move me around like I mean nothing.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lexis Avilez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Vega's concerned that's not the case.\u003c/p>\n\u003cp>\"Now that she's in the new detention center, I've been in talks with the new medical staff who have also not provided the hormonal treatment, and have given me no assurances that Ms. Avilez will receive the medication she needs,\" said Vega.\u003c/p>\n\u003cp>The public defender's office also stated in a press release that Avilez is being detained in \"segregated confinement, forced to wear male clothes, and denied the ability to call her lawyer at no cost.\"\u003c/p>\n\u003cp>\"I think this has been so cruel to me,\" said Avilez in a statement. \"ICE and the other officers know how difficult the last 14 months have been for me and yet have had no compassion for the way they detain me and move me around like I mean nothing.\"\u003c/p>\n\u003cp>Avilez has lived in California for the past 40 years after being brought to the United States as a baby. After struggling with her identity for years, she began to identify as female after being taken into ICE custody in 2018. Federal officials are seeking to deport her due to a past felony assault charge.\u003c/p>\n\u003cp>In June 2019, during her time at Yuba, Avilez was diagnosed with gender dysphoria. At that time, Avilez's lawyers began communication with ICE and Yuba officials regarding her healthcare, but she still did not receive necessary medication while there.\u003c/p>\n\u003cp>ICE officials said they had no comment regarding the case. The Yuba County Sheriff's Office did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11793952/sf-public-defenders-office-takes-on-ice-over-transfer-of-client-to-texas","authors":["11526"],"categories":["news_1169","news_6188","news_8"],"tags":["news_18123","news_21027","news_20202","news_959","news_25891","news_25025"],"featImg":"news_11793981","label":"news"},"news_11769179":{"type":"posts","id":"news_11769179","meta":{"index":"posts_1591205157","site":"news","id":"11769179","score":null,"sort":[1566518756000]},"guestAuthors":[],"slug":"s-f-public-defenders-office-says-jeff-adachi-died-of-natural-causes-not-from-drugs","title":"S.F. Public Defender's Office Says Jeff Adachi Died of Natural Causes, Not From Drugs","publishDate":1566518756,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The San Francisco Public Defender’s Office, pointing to reports by three independent experts, said Wednesday that Jeff Adachi died of natural causes and not from drugs, challenging the conclusion of the San Francisco Medical Examiner’s Office and criticizing that office as dysfunctional and untrustworthy.\u003c/p>\n\u003cp>[aside postID='news_11734850,news_11730451,news_11728381' label='Related Coverage']\u003c/p>\n\u003cp>The reviews found the cause of death was “sudden cardiac arrhythmia and acute myocardial infraction due to coronary artery disease” and the manner of death was “natural,” according to a press release from the San Francisco Public Defender's Office.\u003c/p>\n\u003cp>Robert Chan, an attorney for the Adachi family, released the autopsy reviews from Dylan V. Miller, an expert in cardiovascular and autopsy pathology, Dr. Nikolas Lemos, a forensic toxicologist, and James L. Norris, a consultant in forensic science.\u003c/p>\n\u003cp>But the cause of death, according the medical examiner's report released on March 22, was \"acute mixed drug toxicity with cocaine and ethanol, with hypertensive atherosclerotic cardiovascular disease as a contributing factor.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Norris said Thursday that the data doesn't support the finding that Adachi died from a mixture of alcohol and cocaine.\u003c/p>\n\u003cp>\"When I first read the report I thought somebody had made a typographical error and put the cause of death as the secondary and vice versa,\" Norris said. \"But apparently that's not the case.\"\u003c/p>\n\u003cp>The Medical Examiner’s office defended its findings in a statement, saying the “reports speak for themselves.”\u003c/p>\n\u003cp>San Francisco freelance journalist Bryan Carmody became wrapped up in events \u003ca href=\"https://www.kqed.org/news/tag/bryan-carmody/\" rel=\"noopener\" target=\"_blank\">after his home and office were raided by police\u003c/a> who were looking for information connected to what they say was the illegal release of a police report connected to Adachi's death.\u003c/p>\n\u003cp>Adachi, a Japanese American from Sacramento whose parents and grandparents were interned during World War II, died Feb. 22. He was 59. He served as public defender for 17 years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Don Clyde and Peter Jon Shuler contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Challenging the conclusion of the San Francisco Medical Examiner’s Office and criticizing it as dysfunctional and untrustworthy, the Public Defender’s Office cited three experts who said Adachi died of natural causes.","status":"publish","parent":0,"modified":1566519534,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":334},"headData":{"title":"S.F. Public Defender's Office Says Jeff Adachi Died of Natural Causes, Not From Drugs | KQED","description":"Challenging the conclusion of the San Francisco Medical Examiner’s Office and criticizing it as dysfunctional and untrustworthy, the Public Defender’s Office cited three experts who said Adachi died of natural causes.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"S.F. Public Defender's Office Says Jeff Adachi Died of Natural Causes, Not From Drugs","datePublished":"2019-08-23T00:05:56.000Z","dateModified":"2019-08-23T00:18:54.000Z","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":"11769179 https://ww2.kqed.org/news/?p=11769179","disqusUrl":"https://ww2.kqed.org/news/2019/08/22/s-f-public-defenders-office-says-jeff-adachi-died-of-natural-causes-not-from-drugs/","disqusTitle":"S.F. Public Defender's Office Says Jeff Adachi Died of Natural Causes, Not From Drugs","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/08/AdachiDeathFinding.mp3","audioTrackLength":65,"path":"/news/11769179/s-f-public-defenders-office-says-jeff-adachi-died-of-natural-causes-not-from-drugs","audioDuration":65000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Public Defender’s Office, pointing to reports by three independent experts, said Wednesday that Jeff Adachi died of natural causes and not from drugs, challenging the conclusion of the San Francisco Medical Examiner’s Office and criticizing that office as dysfunctional and untrustworthy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11734850,news_11730451,news_11728381","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The reviews found the cause of death was “sudden cardiac arrhythmia and acute myocardial infraction due to coronary artery disease” and the manner of death was “natural,” according to a press release from the San Francisco Public Defender's Office.\u003c/p>\n\u003cp>Robert Chan, an attorney for the Adachi family, released the autopsy reviews from Dylan V. Miller, an expert in cardiovascular and autopsy pathology, Dr. Nikolas Lemos, a forensic toxicologist, and James L. Norris, a consultant in forensic science.\u003c/p>\n\u003cp>But the cause of death, according the medical examiner's report released on March 22, was \"acute mixed drug toxicity with cocaine and ethanol, with hypertensive atherosclerotic cardiovascular disease as a contributing factor.\"\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>Norris said Thursday that the data doesn't support the finding that Adachi died from a mixture of alcohol and cocaine.\u003c/p>\n\u003cp>\"When I first read the report I thought somebody had made a typographical error and put the cause of death as the secondary and vice versa,\" Norris said. \"But apparently that's not the case.\"\u003c/p>\n\u003cp>The Medical Examiner’s office defended its findings in a statement, saying the “reports speak for themselves.”\u003c/p>\n\u003cp>San Francisco freelance journalist Bryan Carmody became wrapped up in events \u003ca href=\"https://www.kqed.org/news/tag/bryan-carmody/\" rel=\"noopener\" target=\"_blank\">after his home and office were raided by police\u003c/a> who were looking for information connected to what they say was the illegal release of a police report connected to Adachi's death.\u003c/p>\n\u003cp>Adachi, a Japanese American from Sacramento whose parents and grandparents were interned during World War II, died Feb. 22. He was 59. He served as public defender for 17 years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Don Clyde and Peter Jon Shuler contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11769179/s-f-public-defenders-office-says-jeff-adachi-died-of-natural-causes-not-from-drugs","authors":["236"],"categories":["news_457","news_6188","news_8"],"tags":["news_25680","news_122","news_23360","news_38","news_959"],"featImg":"news_11769183","label":"news"},"news_11747563":{"type":"posts","id":"news_11747563","meta":{"index":"posts_1591205157","site":"news","id":"11747563","score":null,"sort":[1558037585000]},"guestAuthors":[],"slug":"judge-says-s-f-public-defenders-cant-represent-filmmaker-kevin-epps","title":"Judge Says S.F. Public Defenders Can't Represent Filmmaker Kevin Epps","publishDate":1558037585,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A judge on Wednesday disqualified the entire San Francisco Public Defender's Office from legally representing award-winning Bay Area filmmaker and activist Kevin Epps on murder charges due to a potential conflict of interest.\u003c/p>\n\u003cp>San Francisco Superior Court Judge Christine Van Aken agreed to stay her ruling until Monday while the Pubic Defender's Office appeals the decision. Until then Epps will continue to be represented by a public defense attorney.\u003c/p>\n\u003cp>Epps, 51, was jailed last week without bail on charges stemming from the fatal shooting death of 45-year-old Marcus Polk at Epps’ Glen Park home in 2016. At the time, Epps claimed self-defense, and the San Francisco District Attorney’s Office declined to charge the filmmaker, \u003ca href=\"https://www.kqed.org/arts/12255111/kevin-epps-documentary-filmmaker-arrested-in-glen-park-homicide\" target=\"_blank\" rel=\"noopener\">citing insufficient evidence\u003c/a>.\u003c/p>\n\u003cp>Epps has a previous felony on his record and was barred from possessing a firearm when he shot Polk.\u003c/p>\n\u003cp>It’s unclear what new evidence the D.A.’s office has to now charge Epps.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Judge Van Aken agreed with the prosecutor that because attorneys in the Public Defender’s Office had represented Polk in past cases, the office cannot now represent the man charged with his murder.\u003c/p>\n\u003cp>The judge said Polk’s previous public defenders could have confidential information about Polk that could be shared with the public defense attorney representing Epps in his self-defense case.\u003c/p>\n\u003cp>The judge said it’s possible some attorneys in the office could have “intimate, domestic” information relating to conflicts between the Epps and Polk households.\u003c/p>\n\u003cp>\u003ca href=\"https://sanfrancisco.cbslocal.com/2016/10/26/filmmaker-arrested-in-glen-park-shooting-death-speaks-out-after-release-from-jail/\" target=\"_blank\" rel=\"noopener\">CBS SF Bay Area has reported\u003c/a> Epps was married to Polk’s former wife.\u003c/p>\n\u003cp>Even if no information was shared, Van Aken said there could be a “significant public perception” of a conflict of interest, especially given the notoriety of the case.\u003c/p>\n\u003cp>Van Aken said the city’s new public defender, Manohar \"Mano\" Raju, \"heightened\" that notoriety by appearing with the defendant during his initial appearance before the court last week.\u003c/p>\n\u003cp>In an emailed statement, Danielle Harris with the Public Defender's Office, said:\u003c/p>\n\u003cblockquote>\u003cp>\"The state is obligated to provide Mr. Epps’ counsel with anything and everything that it has in its possession that speaks to any violent history or violent tendencies related to Marcus Polk. Those violent tendencies are the crux of Mr. Epps’ defense and that information needs to be provided by the state, if it honors its ethical obligations. The fact that Mano Raju — our new public defender — personally appeared for Mr. Epps is neither here nor there.\u003c/p>\n\u003cp>Mr. Epps deserves his day in court to show that the District Attorney was right over two-and-a-half years ago when they decided they couldn’t overcome the facts supporting his self-defense claim. Nothing has changed.\"\u003c/p>\u003c/blockquote>\n\u003cp>If the Public Defender's Office loses its appeal, the court will appoint a defense attorney to represent Epps.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The courtroom was crowded with family and supporters of the acclaimed filmmaker, known for his documentaries, including \"Straight Outta Hunters Point\" and \"Rap Dreams.\" Epps’ mother ran from the courtroom in tears following the judge’s decision.\u003c/p>\n\n","blocks":[],"excerpt":"If the Public Defender's Office loses its appeal, the court will appoint a defense attorney to represent Epps.","status":"publish","parent":0,"modified":1558037585,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":525},"headData":{"title":"Judge Says S.F. Public Defenders Can't Represent Filmmaker Kevin Epps | KQED","description":"If the Public Defender's Office loses its appeal, the court will appoint a defense attorney to represent Epps.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Says S.F. Public Defenders Can't Represent Filmmaker Kevin Epps","datePublished":"2019-05-16T20:13:05.000Z","dateModified":"2019-05-16T20:13:05.000Z","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":"11747563 https://ww2.kqed.org/news/?p=11747563","disqusUrl":"https://ww2.kqed.org/news/2019/05/16/judge-says-s-f-public-defenders-cant-represent-filmmaker-kevin-epps/","disqusTitle":"Judge Says S.F. Public Defenders Can't Represent Filmmaker Kevin Epps","path":"/news/11747563/judge-says-s-f-public-defenders-cant-represent-filmmaker-kevin-epps","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A judge on Wednesday disqualified the entire San Francisco Public Defender's Office from legally representing award-winning Bay Area filmmaker and activist Kevin Epps on murder charges due to a potential conflict of interest.\u003c/p>\n\u003cp>San Francisco Superior Court Judge Christine Van Aken agreed to stay her ruling until Monday while the Pubic Defender's Office appeals the decision. Until then Epps will continue to be represented by a public defense attorney.\u003c/p>\n\u003cp>Epps, 51, was jailed last week without bail on charges stemming from the fatal shooting death of 45-year-old Marcus Polk at Epps’ Glen Park home in 2016. At the time, Epps claimed self-defense, and the San Francisco District Attorney’s Office declined to charge the filmmaker, \u003ca href=\"https://www.kqed.org/arts/12255111/kevin-epps-documentary-filmmaker-arrested-in-glen-park-homicide\" target=\"_blank\" rel=\"noopener\">citing insufficient evidence\u003c/a>.\u003c/p>\n\u003cp>Epps has a previous felony on his record and was barred from possessing a firearm when he shot Polk.\u003c/p>\n\u003cp>It’s unclear what new evidence the D.A.’s office has to now charge Epps.\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>Judge Van Aken agreed with the prosecutor that because attorneys in the Public Defender’s Office had represented Polk in past cases, the office cannot now represent the man charged with his murder.\u003c/p>\n\u003cp>The judge said Polk’s previous public defenders could have confidential information about Polk that could be shared with the public defense attorney representing Epps in his self-defense case.\u003c/p>\n\u003cp>The judge said it’s possible some attorneys in the office could have “intimate, domestic” information relating to conflicts between the Epps and Polk households.\u003c/p>\n\u003cp>\u003ca href=\"https://sanfrancisco.cbslocal.com/2016/10/26/filmmaker-arrested-in-glen-park-shooting-death-speaks-out-after-release-from-jail/\" target=\"_blank\" rel=\"noopener\">CBS SF Bay Area has reported\u003c/a> Epps was married to Polk’s former wife.\u003c/p>\n\u003cp>Even if no information was shared, Van Aken said there could be a “significant public perception” of a conflict of interest, especially given the notoriety of the case.\u003c/p>\n\u003cp>Van Aken said the city’s new public defender, Manohar \"Mano\" Raju, \"heightened\" that notoriety by appearing with the defendant during his initial appearance before the court last week.\u003c/p>\n\u003cp>In an emailed statement, Danielle Harris with the Public Defender's Office, said:\u003c/p>\n\u003cblockquote>\u003cp>\"The state is obligated to provide Mr. Epps’ counsel with anything and everything that it has in its possession that speaks to any violent history or violent tendencies related to Marcus Polk. Those violent tendencies are the crux of Mr. Epps’ defense and that information needs to be provided by the state, if it honors its ethical obligations. The fact that Mano Raju — our new public defender — personally appeared for Mr. Epps is neither here nor there.\u003c/p>\n\u003cp>Mr. Epps deserves his day in court to show that the District Attorney was right over two-and-a-half years ago when they decided they couldn’t overcome the facts supporting his self-defense claim. Nothing has changed.\"\u003c/p>\u003c/blockquote>\n\u003cp>If the Public Defender's Office loses its appeal, the court will appoint a defense attorney to represent Epps.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The courtroom was crowded with family and supporters of the acclaimed filmmaker, known for his documentaries, including \"Straight Outta Hunters Point\" and \"Rap Dreams.\" Epps’ mother ran from the courtroom in tears following the judge’s decision.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11747563/judge-says-s-f-public-defenders-cant-represent-filmmaker-kevin-epps","authors":["257"],"categories":["news_223","news_6188","news_8"],"tags":["news_38","news_959"],"featImg":"news_11747681","label":"news"},"news_11738958":{"type":"posts","id":"news_11738958","meta":{"index":"posts_1591205157","site":"news","id":"11738958","score":null,"sort":[1554879755000]},"guestAuthors":[],"slug":"only-sf-elects-its-public-defender-should-it-change","title":"Only S.F. Elects Its Public Defender. Should That Change?","publishDate":1554879755,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The unexpected death of San Francisco Public Defender Jeff Adachi in February focused attention on a unique aspect of his office: Among the 58 counties in California, only San Francisco's public defender is elected. The rest are appointed.\u003c/p>\n\u003cp>[aside tag='jeff-adachi' label='KQED coverage of Jeff Adachi']\u003c/p>\n\u003cp>The question is: What difference, if any, does it make whether a public defender is elected or not?\u003c/p>\n\u003cp>At Adachi's memorial service at City Hall, San Francisco Mayor London Breed remembered how hard the 59-year-old public defender advocated for more fairness in the criminal justice system.\u003c/p>\n\u003cp>\"Jeff led the way on so many progressive policy reforms, from reducing recidivism, ending cash bail to standing up for undocumented and unrepresented children,\" Breed said.\u003c/p>\n\u003cp>All those things — advocating for policy reform, lobbying for more city funding, strongly challenging police misconduct, even running for mayor — are not things most public defenders do.\u003c/p>\n\u003cp>Years before Adachi died, he told KQED that being independently elected gave him the freedom to do things appointed public defenders can't.\u003c/p>\n\u003cp>\"I think it puts public defenders at a disadvantage when you're at-will and you have to answer to the Board of Supervisors rather than the electorate,\" Adachi said.\u003c/p>\n\u003cp>San Francisco attorney Alicia Gamez thinks all public defenders in California should have that kind of independence to give clients the robust legal defense the U.S. Constitution guarantees. So she is promoting the idea that public defenders in every county should be elected, just as district attorneys are now.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"If you are an appointed public defender and you lobby too hard for the interests of your department or your client, you might not get picked again,\" Gamez said.\u003c/p>\n\u003cp>The way Gamez sees it, appointed public defenders may be reluctant to push too hard, criticize the police or even hold them accountable for illegal tactics as Adachi did.\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Former S.F. Public Defender Jeff Adachi']'I think it puts public defenders at a disadvantage when you're at-will and you have to answer to the Board of Supervisors rather than the electorate.'[/pullquote]\u003c/p>\n\u003cp>The notion that appointed public defenders don't fight as hard for their clients as an elected public defender rankles Robin Lipetzky, Contra Costa County's public defender and president of the California Public Defenders Association.\u003c/p>\n\u003cp>\"There is a certain tension there because I'm an at-will employee,\" Lipetzky said. \"If I piss them off it could be a problem. But I have pissed them off royally — publicly, privately and every which way. I don’t feel very constrained. But there is a different fallout when you speak publicly in an appointed position versus an elected official.\"\u003c/p>\n\u003cp>But would electing public defenders work in all 58 counties?\u003c/p>\n\u003cp>\"Twenty-five out of those 58 counties voted for Trump,\" said Brendon Woods, the appointed public defender in Alameda County.\u003c/p>\n\u003cp>Like his friend Adachi, Woods is a big advocate for criminal justice reform. But he worries about the kinds of candidates who would get elected in more conservative counties.\u003c/p>\n\u003cp>\"A public defender who's going to push back hard against law enforcement, who's going to take certain views that may be uncomfortable for them — will they accept that? Will they want that?\" he asked. \"And I think in a lot of those counties the answer is no.\"\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Robin Lipetzky, Contra Costa County public defender and president of the California Public Defenders Association']'... there is a different fallout when you speak publicly in an appointed position versus an elected official.'[/pullquote]\u003c/p>\n\u003cp>As an example of how elections can bring unintended results, Woods cites Florida, one of the few states where public defenders are elected.\u003c/p>\n\u003cp>\"A public defender there ran a campaign saying his attorneys will not accuse police officers of lying. He ran that campaign and he won — because he got the endorsement of the police unions,\" Woods said.\u003c/p>\n\u003cp>To say Adachi was unpopular with San Francisco law enforcement is a huge understatement. He \u003ca href=\"https://www.sfexaminer.com/news/last-of-4-former-sfpd-officers-caught-in-henry-hotel-fallout-released-from-prison/\" target=\"_blank\" rel=\"noopener\">fought them\u003c/a> whenever he could, including a decade ago when he released video footage showing undercover San Francisco police officers barging into a residential hotel room.\u003c/p>\n\u003cp>The cops were eventually accused of stealing drugs and money from drug dealers. Adachi's attention to the issue helped launch an FBI investigation, leading to the conviction of four officers. Needless to say, it did not endear him to the SFPD.\u003c/p>\n\u003cp>And public defenders sometimes represent clients who don't generate public sympathy. Take Jose Ines Garcia Zarate, the undocumented immigrant who fired a gun that shot and killed Kathryn Steinle as she walked with her father along a San Francisco pier four years ago. The jury found him not guilty of murder in the first or second degree.\u003c/p>\n\u003cfigure id=\"attachment_11728413\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11728413\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/RS15994_arraignment2-qut-800x569.jpg\" alt=\"\" width=\"800\" height=\"569\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-800x569.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-1020x725.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-1200x853.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Adachi (L) enters court for an arraignment with Jose Ines Garcia Zarate (R) on July 7, 2015, in San Francisco. Adachi oversaw Garcia Zarate's acquittal for the killing of Kathryn Steinle, a case that gained national attention, including from then-presidential candidate Donald Trump. \u003ccite>(Michael Macor-Pool/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Convincing a jury that Garcia Zarate shot Steinle by accident may have shocked many casual observers. But Sacramento County District Attorney Anne Marie Schubert says most DAs understand that's the public defender's job. As for whether they should be appointed, or elected like Schubert is?\u003c/p>\n\u003cp>\"I'm never going to call myself a politician. I'm always a prosecutor,\" Schubert said. \"But the reality is, and the part we don't like — and I'm sure the public defenders wouldn't like if they were elected — is we all have to raise money. And that's not why we all went to law school.\"\u003c/p>\n\u003cp>Even if legislation requiring public defenders to be elected is introduced in Sacramento, it would surely face strong opposition from police, district attorneys and crime victims advocates.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The unexpected death of San Francisco Public Defender Jeff Adachi in February focused attention on a unique aspect of his office: Among the 58 counties in California, only S.F.'s public defender is elected.","status":"publish","parent":0,"modified":1554922165,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":995},"headData":{"title":"Only S.F. Elects Its Public Defender. Should That Change? | KQED","description":"The unexpected death of San Francisco Public Defender Jeff Adachi in February focused attention on a unique aspect of his office: Among the 58 counties in California, only S.F.'s public defender is elected.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Only S.F. Elects Its Public Defender. Should That Change?","datePublished":"2019-04-10T07:02:35.000Z","dateModified":"2019-04-10T18:49:25.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11738958 https://ww2.kqed.org/news/?p=11738958","disqusUrl":"https://ww2.kqed.org/news/2019/04/10/only-sf-elects-its-public-defender-should-it-change/","disqusTitle":"Only S.F. Elects Its Public Defender. Should That Change?","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/04/ShaferSFPublicDefender.mp3","audioTrackLength":213,"path":"/news/11738958/only-sf-elects-its-public-defender-should-it-change","audioDuration":213000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The unexpected death of San Francisco Public Defender Jeff Adachi in February focused attention on a unique aspect of his office: Among the 58 counties in California, only San Francisco's public defender is elected. The rest are appointed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"jeff-adachi","label":"KQED coverage of Jeff Adachi "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The question is: What difference, if any, does it make whether a public defender is elected or not?\u003c/p>\n\u003cp>At Adachi's memorial service at City Hall, San Francisco Mayor London Breed remembered how hard the 59-year-old public defender advocated for more fairness in the criminal justice system.\u003c/p>\n\u003cp>\"Jeff led the way on so many progressive policy reforms, from reducing recidivism, ending cash bail to standing up for undocumented and unrepresented children,\" Breed said.\u003c/p>\n\u003cp>All those things — advocating for policy reform, lobbying for more city funding, strongly challenging police misconduct, even running for mayor — are not things most public defenders do.\u003c/p>\n\u003cp>Years before Adachi died, he told KQED that being independently elected gave him the freedom to do things appointed public defenders can't.\u003c/p>\n\u003cp>\"I think it puts public defenders at a disadvantage when you're at-will and you have to answer to the Board of Supervisors rather than the electorate,\" Adachi said.\u003c/p>\n\u003cp>San Francisco attorney Alicia Gamez thinks all public defenders in California should have that kind of independence to give clients the robust legal defense the U.S. Constitution guarantees. So she is promoting the idea that public defenders in every county should be elected, just as district attorneys are now.\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>\"If you are an appointed public defender and you lobby too hard for the interests of your department or your client, you might not get picked again,\" Gamez said.\u003c/p>\n\u003cp>The way Gamez sees it, appointed public defenders may be reluctant to push too hard, criticize the police or even hold them accountable for illegal tactics as Adachi did.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I think it puts public defenders at a disadvantage when you're at-will and you have to answer to the Board of Supervisors rather than the electorate.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Former S.F. Public Defender Jeff Adachi","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The notion that appointed public defenders don't fight as hard for their clients as an elected public defender rankles Robin Lipetzky, Contra Costa County's public defender and president of the California Public Defenders Association.\u003c/p>\n\u003cp>\"There is a certain tension there because I'm an at-will employee,\" Lipetzky said. \"If I piss them off it could be a problem. But I have pissed them off royally — publicly, privately and every which way. I don’t feel very constrained. But there is a different fallout when you speak publicly in an appointed position versus an elected official.\"\u003c/p>\n\u003cp>But would electing public defenders work in all 58 counties?\u003c/p>\n\u003cp>\"Twenty-five out of those 58 counties voted for Trump,\" said Brendon Woods, the appointed public defender in Alameda County.\u003c/p>\n\u003cp>Like his friend Adachi, Woods is a big advocate for criminal justice reform. But he worries about the kinds of candidates who would get elected in more conservative counties.\u003c/p>\n\u003cp>\"A public defender who's going to push back hard against law enforcement, who's going to take certain views that may be uncomfortable for them — will they accept that? Will they want that?\" he asked. \"And I think in a lot of those counties the answer is no.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'... there is a different fallout when you speak publicly in an appointed position versus an elected official.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Robin Lipetzky, Contra Costa County public defender and president of the California Public Defenders Association","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As an example of how elections can bring unintended results, Woods cites Florida, one of the few states where public defenders are elected.\u003c/p>\n\u003cp>\"A public defender there ran a campaign saying his attorneys will not accuse police officers of lying. He ran that campaign and he won — because he got the endorsement of the police unions,\" Woods said.\u003c/p>\n\u003cp>To say Adachi was unpopular with San Francisco law enforcement is a huge understatement. He \u003ca href=\"https://www.sfexaminer.com/news/last-of-4-former-sfpd-officers-caught-in-henry-hotel-fallout-released-from-prison/\" target=\"_blank\" rel=\"noopener\">fought them\u003c/a> whenever he could, including a decade ago when he released video footage showing undercover San Francisco police officers barging into a residential hotel room.\u003c/p>\n\u003cp>The cops were eventually accused of stealing drugs and money from drug dealers. Adachi's attention to the issue helped launch an FBI investigation, leading to the conviction of four officers. Needless to say, it did not endear him to the SFPD.\u003c/p>\n\u003cp>And public defenders sometimes represent clients who don't generate public sympathy. Take Jose Ines Garcia Zarate, the undocumented immigrant who fired a gun that shot and killed Kathryn Steinle as she walked with her father along a San Francisco pier four years ago. The jury found him not guilty of murder in the first or second degree.\u003c/p>\n\u003cfigure id=\"attachment_11728413\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11728413\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/RS15994_arraignment2-qut-800x569.jpg\" alt=\"\" width=\"800\" height=\"569\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-800x569.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-1020x725.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut-1200x853.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/RS15994_arraignment2-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Adachi (L) enters court for an arraignment with Jose Ines Garcia Zarate (R) on July 7, 2015, in San Francisco. Adachi oversaw Garcia Zarate's acquittal for the killing of Kathryn Steinle, a case that gained national attention, including from then-presidential candidate Donald Trump. \u003ccite>(Michael Macor-Pool/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Convincing a jury that Garcia Zarate shot Steinle by accident may have shocked many casual observers. But Sacramento County District Attorney Anne Marie Schubert says most DAs understand that's the public defender's job. As for whether they should be appointed, or elected like Schubert is?\u003c/p>\n\u003cp>\"I'm never going to call myself a politician. I'm always a prosecutor,\" Schubert said. \"But the reality is, and the part we don't like — and I'm sure the public defenders wouldn't like if they were elected — is we all have to raise money. And that's not why we all went to law school.\"\u003c/p>\n\u003cp>Even if legislation requiring public defenders to be elected is introduced in Sacramento, it would surely face strong opposition from police, district attorneys and crime victims advocates.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11738958/only-sf-elects-its-public-defender-should-it-change","authors":["255"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_19542","news_122","news_959"],"featImg":"news_11734879","label":"news_72"},"news_11733149":{"type":"posts","id":"news_11733149","meta":{"index":"posts_1591205157","site":"news","id":"11733149","score":null,"sort":[1552696865000]},"guestAuthors":[],"slug":"college-admissions-scandal-sfs-new-public-defender-surveillance-capitalism","title":"College Admissions Scandal, SF’s New Public Defender, ‘Surveillance Capitalism’","publishDate":1552696865,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>College Admissions Scandal and Death Penalty Moratorium\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Wednesday, Gov. Gavin Newsom signed an executive order halting executions of death row inmates for as long as he is in office. California currently has more than 700 inmates on death row, more than any other state, and has not executed a death row inmate since 2006. Newsom said he cannot sign off on executing hundreds of human beings, knowing there are innocent people among them. Also this week, a number of Californians, including actresses and prominent business figures, have been charged in a widespread college admissions scam involving parents who allegedly bribed athletic coaches or paid people to cheat on college entrance exams to help get their kids into Stanford, USC and other top schools. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED senior editor of California Politics and Government\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Sean Walsh, Republican political consultant, Wilson Walsh Consulting\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Jill Tucker, education reporter, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>San Francisco’s New Public Defender\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Monday, San Francisco Mayor London Breed appointed Manohar Raju to be San Francisco’s next public defender. Raju has been with the public defender’s office for 11 years and had been managing its felony division. He will replace Jeff Adachi, who led the office from 2003 until his abrupt death last month at age 59. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">Manohar Raju, San Francisco public defender\u003c/span>\u003c/p>\n\u003cp>\u003cb>“The Age of Surveillance Capitalism”\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">From smart watches to social media posts to even the words we speak at home, tech companies are capturing enormous amounts of data and then analyzing, bundling and reselling it to third parties. But in a new book, a Harvard Business School professor argues that tech companies aren’t merely mining the intimate details of our lives — they’re also trying to shape and control them, for profit.\u003cbr>\n\u003c/span>\u003cb>\u003cbr>\nGuest:\u003c/b>\u003cspan style=\"font-weight: 400\"> Shoshana Zuboff, author, “The Age of Surveillance Capitalism”\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A number of Californians including actresses and prominent business figures have been charged in a widespread college admissions scam.","status":"publish","parent":0,"modified":1561421149,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":319},"headData":{"title":"College Admissions Scandal, SF’s New Public Defender, ‘Surveillance Capitalism’ | KQED","description":"A number of Californians including actresses and prominent business figures have been charged in a widespread college admissions scam.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"College Admissions Scandal, SF’s New Public Defender, ‘Surveillance Capitalism’","datePublished":"2019-03-16T00:41:05.000Z","dateModified":"2019-06-25T00:05:49.000Z","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":"11733149 https://ww2.kqed.org/news/?p=11733149","disqusUrl":"https://ww2.kqed.org/news/2019/03/15/college-admissions-scandal-sfs-new-public-defender-surveillance-capitalism/","disqusTitle":"College Admissions Scandal, SF’s New Public Defender, ‘Surveillance Capitalism’","videoEmbed":"https://youtu.be/ygajZp1ZGOM","path":"/news/11733149/college-admissions-scandal-sfs-new-public-defender-surveillance-capitalism","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>College Admissions Scandal and Death Penalty Moratorium\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Wednesday, Gov. Gavin Newsom signed an executive order halting executions of death row inmates for as long as he is in office. California currently has more than 700 inmates on death row, more than any other state, and has not executed a death row inmate since 2006. Newsom said he cannot sign off on executing hundreds of human beings, knowing there are innocent people among them. Also this week, a number of Californians, including actresses and prominent business figures, have been charged in a widespread college admissions scam involving parents who allegedly bribed athletic coaches or paid people to cheat on college entrance exams to help get their kids into Stanford, USC and other top schools. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED senior editor of California Politics and Government\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Sean Walsh, Republican political consultant, Wilson Walsh Consulting\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Jill Tucker, education reporter, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>San Francisco’s New Public Defender\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Monday, San Francisco Mayor London Breed appointed Manohar Raju to be San Francisco’s next public defender. Raju has been with the public defender’s office for 11 years and had been managing its felony division. He will replace Jeff Adachi, who led the office from 2003 until his abrupt death last month at age 59. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">Manohar Raju, San Francisco public defender\u003c/span>\u003c/p>\n\u003cp>\u003cb>“The Age of Surveillance Capitalism”\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">From smart watches to social media posts to even the words we speak at home, tech companies are capturing enormous amounts of data and then analyzing, bundling and reselling it to third parties. But in a new book, a Harvard Business School professor argues that tech companies aren’t merely mining the intimate details of our lives — they’re also trying to shape and control them, for profit.\u003cbr>\n\u003c/span>\u003cb>\u003cbr>\nGuest:\u003c/b>\u003cspan style=\"font-weight: 400\"> Shoshana Zuboff, author, “The Age of Surveillance Capitalism”\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11733149/college-admissions-scandal-sfs-new-public-defender-surveillance-capitalism","authors":["236"],"programs":["news_7052"],"categories":["news_18540","news_6188","news_8","news_13","news_248"],"tags":["news_25015","news_22778","news_20297","news_19177","news_25180","news_959","news_163","news_20871"],"featImg":"news_11733258","label":"news_7052"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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