Juan Francisco Lopez-SanchezJuan Francisco Lopez-Sanchez
Appeals Court: Parents of Kate Steinle Can't Sue San Francisco Over Immigrant Who Killed Daughter
How S.F. Killing Became Part of the U.S. Immigration Debate
Second Auto Burglary at Play as Steinle Murder Trial Opens in S.F.
BLM Ranger to Testify in Steinle Murder Trial
Prosecution Seeks to Seal Witness List in Steinle Murder Trial After KQED's Publication of Ranger's Name
Feds Balk at Subpoena for Ranger's Testimony in Kathryn Steinle Murder Case
Court Filing IDs Fed Whose Stolen Gun Was Used in Kathryn Steinle Killing
Accused Pier 14 Shooter to Face Murder Charges at Trial
ICE Report Offers Details on Immigrant Releases, Re-arrests
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He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"mlagos":{"type":"authors","id":"3239","meta":{"index":"authors_1591205172","id":"3239","found":true},"name":"Marisa Lagos","firstName":"Marisa","lastName":"Lagos","slug":"mlagos","email":"mlagos@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Marisa Lagos is a correspondent for KQED’s California Politics and Government Desk and co-hosts a weekly show and podcast, \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown.\u003c/span>\u003c/i> \u003cspan style=\"font-weight: 400;\">At KQED, Lagos conducts reporting, analysis and investigations into state, local and national politics for radio, TV and online. Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11735488":{"type":"posts","id":"news_11735488","meta":{"index":"posts_1591205157","site":"news","id":"11735488","score":null,"sort":[1553622224000]},"guestAuthors":[],"slug":"appeals-court-parents-of-kate-steinle-cant-sue-san-francisco-over-immigrant-who-killed-daughter","title":"Appeals Court: Parents of Kate Steinle Can't Sue San Francisco Over Immigrant Who Killed Daughter","publishDate":1553622224,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>A federal appeals court in California \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/25/17-16283.pdf\">ruled\u003c/a> that the parents of Kate Steinle, a woman fatally shot by an undocumented immigrant in July 2015, cannot sue the city of San Francisco for failing to notify immigration officials of his release from a local jail weeks before the killing.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside tag='kate-steinle' label='KQED coverage of the Kate Steinle case']\u003c/span>\u003c/p>\n\u003cp>In a unanimous decision, a three-judge panel of the 9th Circuit Court of Appeals ruled that San Francisco's then-sheriff, Ross Mirkarimi, violated no federal, state or local laws when he released Juan Francisco Lopez-Sanchez, also known as José Inez Garcia Zarate, on a minor marijuana charge without notifying Immigration and Customs Enforcement.\u003c/p>\n\u003cp>The ruling upholds a lower court decision in dismissing \"a general negligence claim\" against the city filed by Steinle's parents. They alleged that Mirkarimi drew up a memorandum instructing city employees to limit the information shared with federal officials about the release of unauthorized immigrants from the San Francisco jail.\u003c/p>\n\u003cp>\"Our holding today makes no judgment as to whether or not the policy established by the memo was wise or prudent. That is not our job,\" the panel wrote.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The judges said city's policy did not violate federal law and that Mirkarimi had a right to enforce the memo.\u003c/p>\n\u003cp>\"The tragic and unnecessary death of Steinle may well underscore the policy argument against Sheriff Mirkarimi's decision to bar his employees from providing the release date of a many times convicted felon to ICE,\" wrote Judge Mark J. Bennett, a Trump appointee.\u003c/p>\n\u003cp>\"But that policy argument can be acted upon only by California's state and municipal political branches of government, or perhaps by Congress — but not by federal judges applying California law as determined by the California Supreme Court.\"\u003c/p>\n\u003cp>Steinle, 32, was killed as she was walking along a San Francisco pier with her father. She was struck by a single shot from a stolen gun that the defense argued had been accidentally discharged.\u003c/p>\n\u003cp>In 2017, Lopez-Sanchez, a five-time deportee, was \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/11/30/567625700/jury-in-san-francisco-finds-accused-killer-of-kate-steinle-not-guilty-of-murder\">acquitted\u003c/a> by a San Francisco jury on murder charges, but was found guilty of the lesser charge of being a felon in possession of a firearm.\u003c/p>\n\u003cp>President Trump called the verdict \"disgraceful\" in a \u003ca href=\"https://twitter.com/realDonaldTrump/status/936437372706836480\">tweet\u003c/a>. He has frequently mentioned the case when criticizing local \"sanctuary city\" policies.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is in \u003ca href=\"https://www.sfgate.com/bayarea/article/Steinle-parents-can-t-sue-SF-for-refusal-to-13714914.php?t=0ee802b2e3\">custody \u003c/a>on \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/12/05/568732995/feds-file-new-charges-against-undocumented-immigrant-in-kate-steinle-case\">federal gun charges\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"Kate Steinle, 32, was killed as she was walking along a San Francisco pier with her father. She was struck by a single shot from a stolen gun that the defense argued had been accidentally discharged.","status":"publish","parent":0,"modified":1553622224,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":402},"headData":{"title":"Appeals Court: Parents of Kate Steinle Can't Sue San Francisco Over Immigrant Who Killed Daughter | KQED","description":"Kate Steinle, 32, was killed as she was walking along a San Francisco pier with her father. She was struck by a single shot from a stolen gun that the defense argued had been accidentally discharged.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11735488 https://ww2.kqed.org/news/?p=11735488","disqusUrl":"https://ww2.kqed.org/news/2019/03/26/appeals-court-parents-of-kate-steinle-cant-sue-san-francisco-over-immigrant-who-killed-daughter/","disqusTitle":"Appeals Court: Parents of Kate Steinle Can't Sue San Francisco Over Immigrant Who Killed Daughter","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Eric Risberg","nprByline":"\u003cstrong>Richard Gonzales\u003c/strong>","nprImageAgency":"AP","nprStoryId":"706727692","nprApiLink":"http://api.npr.org/query?id=706727692&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/03/25/706727692/appeals-court-says-parents-cant-sue-san-francisco-over-immigrant-who-killed-daug?ft=nprml&f=706727692","nprRetrievedStory":"1","nprPubDate":"Mon, 25 Mar 2019 22:19:00 -0400","nprStoryDate":"Mon, 25 Mar 2019 22:19:46 -0400","nprLastModifiedDate":"Mon, 25 Mar 2019 22:19:59 -0400","path":"/news/11735488/appeals-court-parents-of-kate-steinle-cant-sue-san-francisco-over-immigrant-who-killed-daughter","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court in California \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/25/17-16283.pdf\">ruled\u003c/a> that the parents of Kate Steinle, a woman fatally shot by an undocumented immigrant in July 2015, cannot sue the city of San Francisco for failing to notify immigration officials of his release from a local jail weeks before the killing.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"kate-steinle","label":"KQED coverage of the Kate Steinle case "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>In a unanimous decision, a three-judge panel of the 9th Circuit Court of Appeals ruled that San Francisco's then-sheriff, Ross Mirkarimi, violated no federal, state or local laws when he released Juan Francisco Lopez-Sanchez, also known as José Inez Garcia Zarate, on a minor marijuana charge without notifying Immigration and Customs Enforcement.\u003c/p>\n\u003cp>The ruling upholds a lower court decision in dismissing \"a general negligence claim\" against the city filed by Steinle's parents. They alleged that Mirkarimi drew up a memorandum instructing city employees to limit the information shared with federal officials about the release of unauthorized immigrants from the San Francisco jail.\u003c/p>\n\u003cp>\"Our holding today makes no judgment as to whether or not the policy established by the memo was wise or prudent. That is not our job,\" the panel wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The judges said city's policy did not violate federal law and that Mirkarimi had a right to enforce the memo.\u003c/p>\n\u003cp>\"The tragic and unnecessary death of Steinle may well underscore the policy argument against Sheriff Mirkarimi's decision to bar his employees from providing the release date of a many times convicted felon to ICE,\" wrote Judge Mark J. Bennett, a Trump appointee.\u003c/p>\n\u003cp>\"But that policy argument can be acted upon only by California's state and municipal political branches of government, or perhaps by Congress — but not by federal judges applying California law as determined by the California Supreme Court.\"\u003c/p>\n\u003cp>Steinle, 32, was killed as she was walking along a San Francisco pier with her father. She was struck by a single shot from a stolen gun that the defense argued had been accidentally discharged.\u003c/p>\n\u003cp>In 2017, Lopez-Sanchez, a five-time deportee, was \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/11/30/567625700/jury-in-san-francisco-finds-accused-killer-of-kate-steinle-not-guilty-of-murder\">acquitted\u003c/a> by a San Francisco jury on murder charges, but was found guilty of the lesser charge of being a felon in possession of a firearm.\u003c/p>\n\u003cp>President Trump called the verdict \"disgraceful\" in a \u003ca href=\"https://twitter.com/realDonaldTrump/status/936437372706836480\">tweet\u003c/a>. He has frequently mentioned the case when criticizing local \"sanctuary city\" policies.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is in \u003ca href=\"https://www.sfgate.com/bayarea/article/Steinle-parents-can-t-sue-SF-for-refusal-to-13714914.php?t=0ee802b2e3\">custody \u003c/a>on \u003ca href=\"https://www.npr.org/sections/thetwo-way/2017/12/05/568732995/feds-file-new-charges-against-undocumented-immigrant-in-kate-steinle-case\">federal gun charges\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11735488/appeals-court-parents-of-kate-steinle-cant-sue-san-francisco-over-immigrant-who-killed-daughter","authors":["byline_news_11735488"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_20202","news_23454","news_25306","news_18310","news_18325","news_25305"],"featImg":"news_11624522","label":"source_news_11735488"},"news_11624387":{"type":"posts","id":"news_11624387","meta":{"index":"posts_1591205157","site":"news","id":"11624387","score":null,"sort":[1508418085000]},"guestAuthors":[],"slug":"how-a-san-francisco-killing-became-part-of-the-u-s-immigration-debate","title":"How S.F. Killing Became Part of the U.S. Immigration Debate","publishDate":1508418085,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>[dropcap]O[/dropcap]n July 1, 2015, a 32-year-old white woman was fatally shot while walking with her father along San Francisco’s waterfront.\u003c/p>\n\u003cp>Within hours, police arrested a Mexican national in connection with her slaying -- and suddenly, Kathryn Steinle’s tragic death morphed from a local murder into a national controversy.\u003c/p>\n\u003cp>Next week, that man, Jose Ines Garcia Zarate, will stand trial in Courtroom 13 at the San Francisco Hall of Justice. For the judge, attorneys and jurors, it’s a straightforward murder case -- but for the country at large, it’s become part of a larger debate about crime, immigration policies and sanctuary cities.\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2017/10/SteinleTrialEmslieLagos.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/SteinleMain-1920x1322.jpg\" Title=\"How a San Francisco Killing Became Part of the U.S. Immigration Debate\" program=\"The California Report\"]\u003c/p>\n\u003cp>Garcia Zarate wasn’t just any immigrant -- he was an undocumented immigrant with a felony record who had repeatedly been caught sneaking into the U.S. And he was released from San Francisco Jail just two months before Steinle’s death.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Steinle’s murder exposed a long-simmering disagreement between leaders of liberal cities with sanctuary policies, such as San Francisco, and Republicans who favor a more hard-line approach to immigration.\u003c/p>\n\u003cp>President Trump helped stir national outrage as he campaigned for president last year, repeatedly invoking Steinle’s death.\u003c/p>\n\u003cp>“Countless innocent American lives have been stolen because our politicians have failed in their duty to secure our borders and enforce our laws like they have to be enforced,” he told a cheering crowd in Phoenix, Arizona, last August. “(One) victim is Kate Steinle. Gunned down in the sanctuary city of San Francisco, by an illegal immigrant, deported five previous times. And they knew he was no good.”\u003c/p>\n\u003cfigure id=\"attachment_11624403\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624403\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/GettyImages-479823652-800x1016.jpg\" alt=\"\" width=\"800\" height=\"1016\">\u003cfigcaption class=\"wp-caption-text\">Jose Ines Garcia Zarate will stand trial for Kathryn Steinle's murder. \u003ccite>(Michael Macor/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the months after his arrest, Garcia Zarate -- who was identified at that time as Juan Francisco Lopez Sanchez -- was painted as a violent felon, a dangerous person who never should have been on the streets of the United States and who shot Kathryn Steinle point-blank. The speaker of the House of Representatives, Paul Ryan, \u003ca href=\"https://www.speaker.gov/general/law-kate\">accused him of stealing the gun used to kill Steinle\u003c/a>. Blame for her death was placed squarely on Democratic leaders in San Francisco, who refuse to cooperate with immigration enforcement.\u003c/p>\n\u003cp>But much of what’s been said, and repeated -- about Garcia Zarate, and about the circumstances that led to Steinle’s death -- isn’t true.\u003c/p>\n\u003cp>Here are the facts: He didn’t have a violent criminal past. The bullet ricocheted before hitting Steinle. There's no evidence he stole the gun. And federal officials missed their own chance to deport Garcia Zarate before they sent him to San Francisco.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The only reason he ended up in San Francisco is that the federal government decided to send him to San Francisco.'\u003c/aside>\n\u003cp>David Bier, an immigration expert at the libertarian Cato Institute, said nothing proposed since the July 2015 shooting would have saved Kathryn Steinle -- including a bill named for her, Kate’s Law, that supporters argue would close loopholes in border security and immigration law that led to her shooting.\u003c/p>\n\u003cp>“The entire narrative based on this case has been: ‘We need to crack down on illegal immigration, we need more border security' … (but) he had not crossed the border illegally without being caught since the 1990s,” Bier said. “The other common refrain is, ‘This individual was a felon, he’d racked up multiple convictions for felonies in U.S.’ -- and that is true, but none of them were violent crimes.\"\u003c/p>\n\u003cp>Bier said after studying the case at length, his takeaway \"is that insufficient border enforcement played no role in Kate Steinle’s death.\"\u003c/p>\n\u003cp>Bier believes the actions of federal authorities did.\u003c/p>\n\u003cp>\"The only reason he ended up in San Francisco is that the federal government decided to send him to San Francisco,\" he said.\u003c/p>\n\u003cp>How that happened is part of a longer story that does get to the heart of a fight playing out between Democrats and Republicans over how to treat people in the country illegally. But in the courtroom, that's not going to come up.\u003c/p>\n\u003ch2>The Murder Trial\u003c/h2>\n\u003cp>Lawyers on both sides of Garcia Zarate’s murder trial do not plan on making the case about any larger immigration debate.\u003c/p>\n\u003cp>San Francisco District Attorney's Office spokesman Alex Bastian said prosecutors simply want justice for the Steinle family.\u003c/p>\n\u003cp>“A loved one is no longer here, and she’s murdered. So we’re going to do everything we can within the court process to bring the family justice,” he said. “When we look at a case, there really are only two things that we have to look at: the facts and the law ... to see if we have sufficient evidence to prosecute a case. We’ve charged this case as murder.”\u003c/p>\n\u003cfigure id=\"attachment_11624510\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624510\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/SteinleFlowers-800x558.jpg\" alt=\"A well-wisher drops off flowers at the site where 32-year-old Kathryn Steinle was killed on Pier 14 in San Francisco.\" width=\"800\" height=\"558\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-800x558.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-1020x711.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-1180x822.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-960x669.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-240x167.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-375x261.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-520x362.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A well-wisher drops off flowers at the site where 32-year-old Kathryn Steinle was killed on Pier 14 in San Francisco. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The prosecution plans to argue that firing a gun in a crowded place is likely to cause someone’s death -- even if Garcia Zarate wasn’t targeting Steinle specifically.\u003c/p>\n\u003cp>His public defenders, Matt Gonzalez and Francisco Ugarte, believe the shooting was an accident. They will tell the jury that Garcia Zarate found a gun wrapped in a T-shirt on Pier 14, and that it went off as he was unwrapping it. But Ugarte acknowledged that outside the Hall of Justice, the case has become “an immigration story.”\u003c/p>\n\u003cp>“That's in the narrative, but I think the reason it is, is that Donald Trump put it there, and focused on Mr. Garcia Zarate’s immigration status, as somehow a reason, as a motivating factor, for Ms. Steinle’s death, and keeps repeating that narrative, over and over again,” he said. “But the problem with using this case is that it’s based on a false narrative.”\u003c/p>\n\u003cp>Gonzalez said there is one way the politicization of Steinle’s death has seeped into the murder case.\u003c/p>\n\u003cp>“If he was not a Mexican immigrant with prior felony convictions, he would not be charged with this crime,” Gonzalez said. “This is a guy with crackers in his pocket, and you don't become a killer because you find a gun somewhere.”\u003c/p>\n\u003ch2>‘Sanctuary’ Controversy\u003c/h2>\n\u003cp>In the weeks following Steinle's death, critics pounced on the fact that Garcia Zarate had been released from San Francisco Jail two months before the shooting. Republicans like South Carolina congressman Trey Gowdy fumed, blaming the city’s sanctuary law, which bars local officials from communicating in most cases with Immigration and Customs Enforcement, or ICE.\u003c/p>\n\u003cp>“With this horrific criminal history -- they released him. So he would be free to walk around, and shoot someone’s daughter, which is exactly what he did,” Gowdy said on the floor of Congress weeks after Steinle’s death.\u003c/p>\n\u003cp>[contextly_sidebar id=\"ni10b85PuIYtOKZrioKQdjn1fzq5LS2I\"]\u003c/p>\n\u003cp>But Garcia Zarate’s path to that pier where Steinle was shot didn’t start in San Francisco Jail.\u003c/p>\n\u003cp>Not much is known about his life, but his lawyers describe him as a perpetual migrant, repeatedly coming to the U.S. in search of a way to feed himself, which he couldn’t find in Mexico.\u003c/p>\n\u003cp>Garcia Zarate never lasted long in the U.S. He kept getting caught. And deported. Then caught again. Garcia Zarate served three prison terms for illegal re-entry between 1998 and his release to San Francisco in 2015.\u003c/p>\n\u003cp>Defense lawyer Gonzalez said he asked Garcia Zarate why he kept coming back, even after serving prison time.\u003c/p>\n\u003cp>“And he said literally, that he was living -- he was on a ranch, and there wasn’t enough food for everybody, and he was literally asked to leave because there wasn’t enough food to feed everybody,” Gonzalez said.\u003c/p>\n\u003cp>Before Garcia Zarate's string of deportations, he also racked up a handful of felony drug charges -- including one in San Francisco.\u003c/p>\n\u003cp>But it was the border crossings that landed him in prison.\u003c/p>\n\u003cfigure id=\"attachment_11624519\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/ICE1920-800x533.jpg\" alt=\"A U.S. Immigration and Customs Enforcement (ICE) agent.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A U.S. Immigration and Customs Enforcement (ICE) agent. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After two of those prison stints, federal prison officials handed him directly to immigration enforcement agents, who deported him.\u003c/p>\n\u003cp>But in 2015, they did something different: Instead of calling immigration officials, federal prison authorities called San Francisco about a 20-year-old marijuana charge against Garcia Zarate still on the books.\u003c/p>\n\u003cp>Bier of the Cato Institute said that has never made sense.\u003c/p>\n\u003cp>“It’s really mystifying, and there has not been a good answer, for why they chose this time to send him to San Francisco when in every other instance he was simply deported,” he said.\u003c/p>\n\u003cp>Bier noted that after Steinle’s death, federal officials \u003ca href=\"https://www.cnsnews.com/news/article/melanie-hunter/lynch-federal-prisons-must-now-hand-over-illegals-deportation-orders-ice\">changed their policy\u003c/a> so that ICE requests take priority over local county warrants. But at the time, the federal Bureau of Prisons sent Garcia Zarate to San Francisco.\u003c/p>\n\u003cp>The next day, his 20-year-old marijuana charge was dismissed -- San Francisco authorities said the evidence was destroyed years ago.\u003c/p>\n\u003cp>So the deputies reporting to then-Sheriff Ross Mirkarimi were left to figure out what to do with him. For more than two weeks, Garcia Zarate stayed in San Francisco jail as deputies went back and forth with federal prison authorities, making sure he’d served his full federal sentence. He had -- so San Francisco released him, even though immigration agents had asked San Francisco to hold Garcia Zarate for deportation.\u003c/p>\n\u003cp>It’s a routine request from ICE. But San Francisco doesn’t honor those detention requests, because of its sanctuary laws. Many other cities also ignore such detention requests, because they’re simply that: requests. And federal courts have found that if jails do hold people past their criminal release date, it’s a violation of the inmates’ Fourth Amendment rights -- and the sheriff can be sued.\u003c/p>\n\u003cp>[contextly_sidebar id=\"fS407KniM7kYisCxasJlixFL2r6ARqUU\"]\u003c/p>\n\u003cp>Mirkarimi, who was unpopular in San Francisco, was criticized for Garcia Zarate’s release by both Republicans and Democrats -- including San Francisco Mayor Ed Lee.\u003c/p>\n\u003cp>At the time, Mirkarimi said the critics who disagreed with his decision to release Garcia Zarate were asking him to ignore the law.\u003c/p>\n\u003cp>“Really, is that really how cavalier we’re supposed to operate?” Mirkarimi told reporters in 2015. “Just like on a whim or wink or nod, that we just call ICE and say, 'Hey we’ve got this guy?' No, we follow the law.”\u003c/p>\n\u003cp>But Eileen Hirst, a spokeswoman for the current sheriff, said if someone like Garcia Zarate were in jail today, he would still be released under San Francisco law. What's different is that since the shooting, the city has changed its policies so that prosecutors, courts and the sheriff purge old warrants like Garcia Zarate’s from the system if they no longer plan to prosecute them.\u003c/p>\n\u003cp>Since Trump’s election, San Francisco officials have been unified in their support of the sanctuary law. But broader fault lines among Democrats that emerged because of Steinle’s death remain: For one, the case prompted some Democrats to jump on board when Republicans proposed a law named for Kathryn Steinle.\u003c/p>\n\u003cfigure id=\"attachment_11624522\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624522\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/SteinleMemorial-800x602.jpg\" alt=\"A memorial for Kate Steinle on San Francisco's Pier 14.\" width=\"800\" height=\"602\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-800x602.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-1020x768.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-1180x888.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-960x723.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-240x181.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-375x282.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-520x391.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A memorial for Kate Steinle on San Francisco's Pier 14. \u003ccite>(Erika Kelly/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Kate’s Law passed the House in June. It would increase prison sentences for people who repeatedly enter the U.S. illegally. Twenty-four Democrats voted for it, including Bay Area Rep. Jackie Speier, who in August told KQED’s \u003cem>Forum\u003c/em> that the bill “was all about making sure this didn’t happen to someone else.”\u003c/p>\n\u003cp>But Bier doesn’t think it would have made a difference, because Garcia Zarate kept getting caught at the border, and spent 15 years in prison for it.\u003c/p>\n\u003cp>“He was clearly not deterred after the first five-year term or the second, and ultimately it really played no role in him being sent to San Francisco anyway -- so it’s not clear to me what (this bill) is trying to get at or how the authors believe this is going to prevent a future Kate Steinle situation from occurring,” he said.\u003c/p>\n\u003ch2>The Murder Weapon\u003c/h2>\n\u003cp>One thing might have prevented her death: If Garcia Zarate hadn't had a gun.\u003c/p>\n\u003cp>How he got that firearm is a key part of the San Francisco murder trial, but it’s missing from the national debate.\u003c/p>\n\u003cp>The gun that killed Kathryn Steinle \u003ca href=\"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/\" target=\"_blank\" rel=\"noopener\">belonged to U.S. Bureau of Land Management ranger John Woychowski\u003c/a>. He stopped in San Francisco four days before Steinle was shot, and his duty weapon -- a .40-caliber Sig Sauer handgun -- was stolen out of his car.\u003cbr>\n[contextly_sidebar id=\"wwao6WrvOCcfQAy4xEFumSGTr9XbtC2H\"]\u003c/p>\n\u003cp>The fact that a law enforcement officer left his official gun unsecured in a car is part of a lawsuit filed by Kathryn Steinle’s family against San Francisco, ICE and the Bureau of Land Management.\u003c/p>\n\u003cp>“The secret that has probably haunted all of us is how could a gun that belonged to a federal official, a ranger, somehow get taken, stolen and used in this horrible, horrible killing,” Frank Pitre, who is representing the family, said as he announced the lawsuit in September 2015.\u003c/p>\n\u003cp>Woychowski was not disciplined for leaving his weapon unsecured in his car. In fact, \u003ca href=\"https://ww2.kqed.org/news/2017/10/20/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing/\" rel=\"noopener\" target=\"_blank\">he was promoted\u003c/a> five months after Steinle was killed.\u003c/p>\n\u003cp>Police don’t know who stole it, or how Garcia Zarate ended up with it. Whoever broke into Woychowski’s car broke into several others nearby, and left some of what they stole behind, including ammunition from Woychowski's bag, found in a second car.\u003c/p>\n\u003cp>Garcia Zarate’s defense attorney, Gonzalez, said he has no doubt that his client did not steal the gun.\u003c/p>\n\u003cp>“There’s no evidence he did, and this guy has no history of theft,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11624405\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624405\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">James Steinle was with his daughter when she was shot on Pier 14 in 2015. He has sued the government over her death. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s probably no solace for Steinle’s family.\u003c/p>\n\u003cp>Her father, James Steinle, was there that evening.\u003c/p>\n\u003cp>“I’m walking down the pier, arm in arm with my daughter,” he recounted at the \u003ca href=\"http://wwlp.com/2015/09/02/parents-of-women-killed-on-san-francisco-pier-file-claims/\" target=\"_blank\" rel=\"noopener\">2015 news conference\u003c/a> announcing the family's civil suit.\u003c/p>\n\u003cp>The single shot ricocheted off the concrete pier about 12 feet from where Garcia Zarate was sitting. It traveled another 78 feet before hitting Kathryn Steinle in the back.\u003c/p>\n\u003cp>“She turns around, she’s shot. As she fell, she said, 'Help me, Dad!' That’s my bedtime story every night,” he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The jury won’t be considering all the political questions Steinle’s death has raised. It won’t be discussing immigration policy or sanctuary city laws. It will just decide if Garcia Zarate is guilty of murder.\u003c/p>\n\n","blocks":[],"excerpt":"A murder trial set to begin in San Francisco next week is part of a larger controversy over immigration and sanctuary cities.","status":"publish","parent":0,"modified":1508535935,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":68,"wordCount":2601},"headData":{"title":"How S.F. Killing Became Part of the U.S. Immigration Debate | KQED","description":"A murder trial set to begin in San Francisco next week is part of a larger controversy over immigration and sanctuary cities.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11624387 https://ww2.kqed.org/news/?p=11624387","disqusUrl":"https://ww2.kqed.org/news/2017/10/19/how-a-san-francisco-killing-became-part-of-the-u-s-immigration-debate/","disqusTitle":"How S.F. Killing Became Part of the U.S. Immigration Debate","path":"/news/11624387/how-a-san-francisco-killing-became-part-of-the-u-s-immigration-debate","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">O\u003c/span>\u003c/p>\u003cp>n July 1, 2015, a 32-year-old white woman was fatally shot while walking with her father along San Francisco’s waterfront.\u003c/p>\n\u003cp>Within hours, police arrested a Mexican national in connection with her slaying -- and suddenly, Kathryn Steinle’s tragic death morphed from a local murder into a national controversy.\u003c/p>\n\u003cp>Next week, that man, Jose Ines Garcia Zarate, will stand trial in Courtroom 13 at the San Francisco Hall of Justice. For the judge, attorneys and jurors, it’s a straightforward murder case -- but for the country at large, it’s become part of a larger debate about crime, immigration policies and sanctuary cities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"https://www.kqed.org/.stream/anon/radio/RDnews/2017/10/SteinleTrialEmslieLagos.mp3","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/SteinleMain-1920x1322.jpg","title":"How a San Francisco Killing Became Part of the U.S. Immigration Debate","program":"The California Report","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garcia Zarate wasn’t just any immigrant -- he was an undocumented immigrant with a felony record who had repeatedly been caught sneaking into the U.S. And he was released from San Francisco Jail just two months before Steinle’s death.\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>Steinle’s murder exposed a long-simmering disagreement between leaders of liberal cities with sanctuary policies, such as San Francisco, and Republicans who favor a more hard-line approach to immigration.\u003c/p>\n\u003cp>President Trump helped stir national outrage as he campaigned for president last year, repeatedly invoking Steinle’s death.\u003c/p>\n\u003cp>“Countless innocent American lives have been stolen because our politicians have failed in their duty to secure our borders and enforce our laws like they have to be enforced,” he told a cheering crowd in Phoenix, Arizona, last August. “(One) victim is Kate Steinle. Gunned down in the sanctuary city of San Francisco, by an illegal immigrant, deported five previous times. And they knew he was no good.”\u003c/p>\n\u003cfigure id=\"attachment_11624403\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624403\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/GettyImages-479823652-800x1016.jpg\" alt=\"\" width=\"800\" height=\"1016\">\u003cfigcaption class=\"wp-caption-text\">Jose Ines Garcia Zarate will stand trial for Kathryn Steinle's murder. \u003ccite>(Michael Macor/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the months after his arrest, Garcia Zarate -- who was identified at that time as Juan Francisco Lopez Sanchez -- was painted as a violent felon, a dangerous person who never should have been on the streets of the United States and who shot Kathryn Steinle point-blank. The speaker of the House of Representatives, Paul Ryan, \u003ca href=\"https://www.speaker.gov/general/law-kate\">accused him of stealing the gun used to kill Steinle\u003c/a>. Blame for her death was placed squarely on Democratic leaders in San Francisco, who refuse to cooperate with immigration enforcement.\u003c/p>\n\u003cp>But much of what’s been said, and repeated -- about Garcia Zarate, and about the circumstances that led to Steinle’s death -- isn’t true.\u003c/p>\n\u003cp>Here are the facts: He didn’t have a violent criminal past. The bullet ricocheted before hitting Steinle. There's no evidence he stole the gun. And federal officials missed their own chance to deport Garcia Zarate before they sent him to San Francisco.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The only reason he ended up in San Francisco is that the federal government decided to send him to San Francisco.'\u003c/aside>\n\u003cp>David Bier, an immigration expert at the libertarian Cato Institute, said nothing proposed since the July 2015 shooting would have saved Kathryn Steinle -- including a bill named for her, Kate’s Law, that supporters argue would close loopholes in border security and immigration law that led to her shooting.\u003c/p>\n\u003cp>“The entire narrative based on this case has been: ‘We need to crack down on illegal immigration, we need more border security' … (but) he had not crossed the border illegally without being caught since the 1990s,” Bier said. “The other common refrain is, ‘This individual was a felon, he’d racked up multiple convictions for felonies in U.S.’ -- and that is true, but none of them were violent crimes.\"\u003c/p>\n\u003cp>Bier said after studying the case at length, his takeaway \"is that insufficient border enforcement played no role in Kate Steinle’s death.\"\u003c/p>\n\u003cp>Bier believes the actions of federal authorities did.\u003c/p>\n\u003cp>\"The only reason he ended up in San Francisco is that the federal government decided to send him to San Francisco,\" he said.\u003c/p>\n\u003cp>How that happened is part of a longer story that does get to the heart of a fight playing out between Democrats and Republicans over how to treat people in the country illegally. But in the courtroom, that's not going to come up.\u003c/p>\n\u003ch2>The Murder Trial\u003c/h2>\n\u003cp>Lawyers on both sides of Garcia Zarate’s murder trial do not plan on making the case about any larger immigration debate.\u003c/p>\n\u003cp>San Francisco District Attorney's Office spokesman Alex Bastian said prosecutors simply want justice for the Steinle family.\u003c/p>\n\u003cp>“A loved one is no longer here, and she’s murdered. So we’re going to do everything we can within the court process to bring the family justice,” he said. “When we look at a case, there really are only two things that we have to look at: the facts and the law ... to see if we have sufficient evidence to prosecute a case. We’ve charged this case as murder.”\u003c/p>\n\u003cfigure id=\"attachment_11624510\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624510\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/SteinleFlowers-800x558.jpg\" alt=\"A well-wisher drops off flowers at the site where 32-year-old Kathryn Steinle was killed on Pier 14 in San Francisco.\" width=\"800\" height=\"558\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-800x558.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-160x112.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-1020x711.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-1180x822.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-960x669.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-240x167.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-375x261.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleFlowers-520x362.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A well-wisher drops off flowers at the site where 32-year-old Kathryn Steinle was killed on Pier 14 in San Francisco. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The prosecution plans to argue that firing a gun in a crowded place is likely to cause someone’s death -- even if Garcia Zarate wasn’t targeting Steinle specifically.\u003c/p>\n\u003cp>His public defenders, Matt Gonzalez and Francisco Ugarte, believe the shooting was an accident. They will tell the jury that Garcia Zarate found a gun wrapped in a T-shirt on Pier 14, and that it went off as he was unwrapping it. But Ugarte acknowledged that outside the Hall of Justice, the case has become “an immigration story.”\u003c/p>\n\u003cp>“That's in the narrative, but I think the reason it is, is that Donald Trump put it there, and focused on Mr. Garcia Zarate’s immigration status, as somehow a reason, as a motivating factor, for Ms. Steinle’s death, and keeps repeating that narrative, over and over again,” he said. “But the problem with using this case is that it’s based on a false narrative.”\u003c/p>\n\u003cp>Gonzalez said there is one way the politicization of Steinle’s death has seeped into the murder case.\u003c/p>\n\u003cp>“If he was not a Mexican immigrant with prior felony convictions, he would not be charged with this crime,” Gonzalez said. “This is a guy with crackers in his pocket, and you don't become a killer because you find a gun somewhere.”\u003c/p>\n\u003ch2>‘Sanctuary’ Controversy\u003c/h2>\n\u003cp>In the weeks following Steinle's death, critics pounced on the fact that Garcia Zarate had been released from San Francisco Jail two months before the shooting. Republicans like South Carolina congressman Trey Gowdy fumed, blaming the city’s sanctuary law, which bars local officials from communicating in most cases with Immigration and Customs Enforcement, or ICE.\u003c/p>\n\u003cp>“With this horrific criminal history -- they released him. So he would be free to walk around, and shoot someone’s daughter, which is exactly what he did,” Gowdy said on the floor of Congress weeks after Steinle’s death.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But Garcia Zarate’s path to that pier where Steinle was shot didn’t start in San Francisco Jail.\u003c/p>\n\u003cp>Not much is known about his life, but his lawyers describe him as a perpetual migrant, repeatedly coming to the U.S. in search of a way to feed himself, which he couldn’t find in Mexico.\u003c/p>\n\u003cp>Garcia Zarate never lasted long in the U.S. He kept getting caught. And deported. Then caught again. Garcia Zarate served three prison terms for illegal re-entry between 1998 and his release to San Francisco in 2015.\u003c/p>\n\u003cp>Defense lawyer Gonzalez said he asked Garcia Zarate why he kept coming back, even after serving prison time.\u003c/p>\n\u003cp>“And he said literally, that he was living -- he was on a ranch, and there wasn’t enough food for everybody, and he was literally asked to leave because there wasn’t enough food to feed everybody,” Gonzalez said.\u003c/p>\n\u003cp>Before Garcia Zarate's string of deportations, he also racked up a handful of felony drug charges -- including one in San Francisco.\u003c/p>\n\u003cp>But it was the border crossings that landed him in prison.\u003c/p>\n\u003cfigure id=\"attachment_11624519\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/ICE1920-800x533.jpg\" alt=\"A U.S. Immigration and Customs Enforcement (ICE) agent.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/ICE1920-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A U.S. Immigration and Customs Enforcement (ICE) agent. \u003ccite>(John Moore/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After two of those prison stints, federal prison officials handed him directly to immigration enforcement agents, who deported him.\u003c/p>\n\u003cp>But in 2015, they did something different: Instead of calling immigration officials, federal prison authorities called San Francisco about a 20-year-old marijuana charge against Garcia Zarate still on the books.\u003c/p>\n\u003cp>Bier of the Cato Institute said that has never made sense.\u003c/p>\n\u003cp>“It’s really mystifying, and there has not been a good answer, for why they chose this time to send him to San Francisco when in every other instance he was simply deported,” he said.\u003c/p>\n\u003cp>Bier noted that after Steinle’s death, federal officials \u003ca href=\"https://www.cnsnews.com/news/article/melanie-hunter/lynch-federal-prisons-must-now-hand-over-illegals-deportation-orders-ice\">changed their policy\u003c/a> so that ICE requests take priority over local county warrants. But at the time, the federal Bureau of Prisons sent Garcia Zarate to San Francisco.\u003c/p>\n\u003cp>The next day, his 20-year-old marijuana charge was dismissed -- San Francisco authorities said the evidence was destroyed years ago.\u003c/p>\n\u003cp>So the deputies reporting to then-Sheriff Ross Mirkarimi were left to figure out what to do with him. For more than two weeks, Garcia Zarate stayed in San Francisco jail as deputies went back and forth with federal prison authorities, making sure he’d served his full federal sentence. He had -- so San Francisco released him, even though immigration agents had asked San Francisco to hold Garcia Zarate for deportation.\u003c/p>\n\u003cp>It’s a routine request from ICE. But San Francisco doesn’t honor those detention requests, because of its sanctuary laws. Many other cities also ignore such detention requests, because they’re simply that: requests. And federal courts have found that if jails do hold people past their criminal release date, it’s a violation of the inmates’ Fourth Amendment rights -- and the sheriff can be sued.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Mirkarimi, who was unpopular in San Francisco, was criticized for Garcia Zarate’s release by both Republicans and Democrats -- including San Francisco Mayor Ed Lee.\u003c/p>\n\u003cp>At the time, Mirkarimi said the critics who disagreed with his decision to release Garcia Zarate were asking him to ignore the law.\u003c/p>\n\u003cp>“Really, is that really how cavalier we’re supposed to operate?” Mirkarimi told reporters in 2015. “Just like on a whim or wink or nod, that we just call ICE and say, 'Hey we’ve got this guy?' No, we follow the law.”\u003c/p>\n\u003cp>But Eileen Hirst, a spokeswoman for the current sheriff, said if someone like Garcia Zarate were in jail today, he would still be released under San Francisco law. What's different is that since the shooting, the city has changed its policies so that prosecutors, courts and the sheriff purge old warrants like Garcia Zarate’s from the system if they no longer plan to prosecute them.\u003c/p>\n\u003cp>Since Trump’s election, San Francisco officials have been unified in their support of the sanctuary law. But broader fault lines among Democrats that emerged because of Steinle’s death remain: For one, the case prompted some Democrats to jump on board when Republicans proposed a law named for Kathryn Steinle.\u003c/p>\n\u003cfigure id=\"attachment_11624522\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624522\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/SteinleMemorial-800x602.jpg\" alt=\"A memorial for Kate Steinle on San Francisco's Pier 14.\" width=\"800\" height=\"602\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-800x602.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-1020x768.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-1180x888.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-960x723.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-240x181.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-375x282.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/SteinleMemorial-520x391.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A memorial for Kate Steinle on San Francisco's Pier 14. \u003ccite>(Erika Kelly/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Kate’s Law passed the House in June. It would increase prison sentences for people who repeatedly enter the U.S. illegally. Twenty-four Democrats voted for it, including Bay Area Rep. Jackie Speier, who in August told KQED’s \u003cem>Forum\u003c/em> that the bill “was all about making sure this didn’t happen to someone else.”\u003c/p>\n\u003cp>But Bier doesn’t think it would have made a difference, because Garcia Zarate kept getting caught at the border, and spent 15 years in prison for it.\u003c/p>\n\u003cp>“He was clearly not deterred after the first five-year term or the second, and ultimately it really played no role in him being sent to San Francisco anyway -- so it’s not clear to me what (this bill) is trying to get at or how the authors believe this is going to prevent a future Kate Steinle situation from occurring,” he said.\u003c/p>\n\u003ch2>The Murder Weapon\u003c/h2>\n\u003cp>One thing might have prevented her death: If Garcia Zarate hadn't had a gun.\u003c/p>\n\u003cp>How he got that firearm is a key part of the San Francisco murder trial, but it’s missing from the national debate.\u003c/p>\n\u003cp>The gun that killed Kathryn Steinle \u003ca href=\"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/\" target=\"_blank\" rel=\"noopener\">belonged to U.S. Bureau of Land Management ranger John Woychowski\u003c/a>. He stopped in San Francisco four days before Steinle was shot, and his duty weapon -- a .40-caliber Sig Sauer handgun -- was stolen out of his car.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The fact that a law enforcement officer left his official gun unsecured in a car is part of a lawsuit filed by Kathryn Steinle’s family against San Francisco, ICE and the Bureau of Land Management.\u003c/p>\n\u003cp>“The secret that has probably haunted all of us is how could a gun that belonged to a federal official, a ranger, somehow get taken, stolen and used in this horrible, horrible killing,” Frank Pitre, who is representing the family, said as he announced the lawsuit in September 2015.\u003c/p>\n\u003cp>Woychowski was not disciplined for leaving his weapon unsecured in his car. In fact, \u003ca href=\"https://ww2.kqed.org/news/2017/10/20/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing/\" rel=\"noopener\" target=\"_blank\">he was promoted\u003c/a> five months after Steinle was killed.\u003c/p>\n\u003cp>Police don’t know who stole it, or how Garcia Zarate ended up with it. Whoever broke into Woychowski’s car broke into several others nearby, and left some of what they stole behind, including ammunition from Woychowski's bag, found in a second car.\u003c/p>\n\u003cp>Garcia Zarate’s defense attorney, Gonzalez, said he has no doubt that his client did not steal the gun.\u003c/p>\n\u003cp>“There’s no evidence he did, and this guy has no history of theft,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11624405\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11624405\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27585_GettyImages-486170370-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">James Steinle was with his daughter when she was shot on Pier 14 in 2015. He has sued the government over her death. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s probably no solace for Steinle’s family.\u003c/p>\n\u003cp>Her father, James Steinle, was there that evening.\u003c/p>\n\u003cp>“I’m walking down the pier, arm in arm with my daughter,” he recounted at the \u003ca href=\"http://wwlp.com/2015/09/02/parents-of-women-killed-on-san-francisco-pier-file-claims/\" target=\"_blank\" rel=\"noopener\">2015 news conference\u003c/a> announcing the family's civil suit.\u003c/p>\n\u003cp>The single shot ricocheted off the concrete pier about 12 feet from where Garcia Zarate was sitting. It traveled another 78 feet before hitting Kathryn Steinle in the back.\u003c/p>\n\u003cp>“She turns around, she’s shot. As she fell, she said, 'Help me, Dad!' That’s my bedtime story every night,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The jury won’t be considering all the political questions Steinle’s death has raised. It won’t be discussing immigration policy or sanctuary city laws. It will just decide if Garcia Zarate is guilty of murder.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11624387/how-a-san-francisco-killing-became-part-of-the-u-s-immigration-debate","authors":["3239","3206"],"programs":["news_6944","news_72"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_19542","news_21807","news_18310","news_18308","news_20445","news_17041"],"featImg":"news_11624499","label":"news_72"},"news_11613179":{"type":"posts","id":"news_11613179","meta":{"index":"posts_1591205157","site":"news","id":"11613179","score":null,"sort":[1503363825000]},"guestAuthors":[],"slug":"second-auto-burglary-at-play-as-steinle-murder-trial-opens-in-s-f","title":"Second Auto Burglary at Play as Steinle Murder Trial Opens in S.F.","publishDate":1503363825,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>As the high-profile murder trial over the 2015 slaying of Kathryn Steinle opened in San Francisco Monday, defense attorneys argued to include testimony about a previously undisclosed auto burglary they say is related to the case.\u003c/p>\n\u003cp>Steinle's death fueled a hard-line stance on immigration enforcement championed by President Trump and Republican lawmakers. The case inspired \"Kate's Law,\" which \u003ca href=\"https://ww2.kqed.org/news/2017/06/29/congress-approves-law-to-punish-sanctuary-cities-california-attorney-general-pushes-back/\" target=\"_blank\" rel=\"noopener noreferrer\">passed the House in June\u003c/a> and would impose harsher criminal sentences for people who repeatedly enter the U.S. illegally, as defendant Jose Inez Garcia Zarate did.\u003c/p>\n\u003cp>Garcia Zarate, who was previously identified as Juan Francisco Lopez Sanchez, is facing a first-degree murder charge for allegedly firing the \u003ca href=\"http://www.sfgate.com/crime/article/Attorneys-for-Pier-14-suspect-Fatal-bullet-was-6467414.php\" target=\"_blank\" rel=\"noopener noreferrer\">shot that ricocheted\u003c/a> off San Francisco's Pier 14 and fatally struck Steinle in the back on July 1, 2015. But exactly how Garcia Zarate came to possess the Sig Sauer P239 handgun, apparently stolen from a federal Bureau of Land Management ranger's car four days before the shooting, is a cornerstone of his defense.\u003c/p>\n\u003cp>His attorneys plan to argue that Garcia Zarate found the gun wrapped in a T-shirt somewhere near the pier. They say this type of gun -- a favorite of law enforcement -- has a near-hair-trigger pull if it's cocked. They say the gun went off accidentally as Garcia Zarate handled it.\u003cbr>\n[contextly_sidebar id=\"mnaQD0YmRpIm5Uz4GQHI2aZnD14XJptI\"]\u003cbr>\nThe burglary of the BLM ranger's car was made public shortly after the shooting, and San Francisco Superior Court Judge Samuel Feng ruled Monday that Ranger John Woychowski's testimony is relevant to the trial, over the prosecution's objection.\u003c/p>\n\u003cp>Assistant District Attorney Diana Garcia argued that the auto burglary is irrelevant to the charges against Garcia Zarate.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It’s our theory that he had the gun -- he chose where he wanted to fire it,\" Garcia said in court. \"The people are not arguing that he stole the gun.\"\u003c/p>\n\u003cp>She added: \"I don't want the jury deliberating on how officers should store their gun in their car.\"\u003c/p>\n\u003cp>Feng disagreed, saying the ranger's testimony is appropriate.\u003cbr>\n[contextly_sidebar id=\"W8z6DYm7PfZlPxQeFtLN4mpP4NyVH2EC\"]\u003cbr>\n\"He is the only person that can testify as to this gun, no one else,\" Feng said from the bench. \"In addition, as to the gun’s condition, how many bullets in the cartridge, was it cocked? De-cocked? He’s the only one.\"\u003c/p>\n\u003cp>But in a new wrinkle, Garcia Zarate's defense attorneys are seeking more information on a second car break-in that apparently occurred near the burglary of the BLM ranger's car. Items stolen from Woychowski's car, including an extra magazine for his service weapon, were reportedly found inside the second car, according to defense attorneys.\u003c/p>\n\u003cp>\"There’s in effect another crime scene, neither of which can be tied to Garcia Zarate,\" Chief Deputy Public Defender Matt Gonzalez said after the hearing.\u003c/p>\n\u003cp>Gonzalez says the two auto burglaries are relevant to the murder trial because the path the gun traveled from Woychowski's car to Pier 14 establishes that Garcia Zarate didn't steal the gun but stumbled on it by accident.\u003cbr>\n[contextly_sidebar id=\"zfxo5pk3WV8JSoPh7l5wznjz5VOS3tfS\"]\u003cbr>\n\"The excising of this part of the narrative, to go straight to the pier, it would invite speculation on the part of the jury,\" Gonzalez told the judge, in arguing for evidence about the second car break-in to be included in the trial.\u003c/p>\n\u003cp>The public, however, won't be left to speculate on the arguments of attorneys over evidence and testimony in the trial, despite the defense's attempt to seal those records. Gonzalez said the extensive media attention on the case could bias potential jurors.\u003c/p>\n\u003cp>Feng said the defense's application to seal all pretrial motions in the case was \"improper and has minimal respect for the case law.\"\u003c/p>\n\u003cp>\"We are balancing free speech against fair trials,\" Feng said from the bench, noting that much of the evidence in the case is already in the public sphere.\u003cbr>\n[contextly_sidebar id=\"buYYALlKAwkbuve0cT3odbgZXx5ABQR7\"]\u003cbr>\nThe prosecution opposed sealing the motions, which would also have likely required closed hearings to debate them.\u003c/p>\n\u003cp>\"Sealing such an incredibly public case to begin with -- something that's been in the national dialogue -- was something we thought was problematic and a disservice to the public interest,\" district attorney's spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\"The people would advocate for a public and open forum in this case,\" prosecutor Diana Garcia said in court.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Feng did not make a final determination on how much, if any, information about the second auto burglary will make it into the trial. The next hearing in the case is scheduled for Sept. 5.\u003c/p>\n\n","blocks":[],"excerpt":"Items stolen from a Bureau of Land Management ranger's car -- including a magazine for the gun used to kill Kathryn Steinle -- were reportedly found in another nearby car that was also burglarized.","status":"publish","parent":0,"modified":1503419763,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":779},"headData":{"title":"Second Auto Burglary at Play as Steinle Murder Trial Opens in S.F. | KQED","description":"Items stolen from a Bureau of Land Management ranger's car -- including a magazine for the gun used to kill Kathryn Steinle -- were reportedly found in another nearby car that was also burglarized.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11613179 https://ww2.kqed.org/news/?p=11613179","disqusUrl":"https://ww2.kqed.org/news/2017/08/21/second-auto-burglary-at-play-as-steinle-murder-trial-opens-in-s-f/","disqusTitle":"Second Auto Burglary at Play as Steinle Murder Trial Opens in S.F.","path":"/news/11613179/second-auto-burglary-at-play-as-steinle-murder-trial-opens-in-s-f","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As the high-profile murder trial over the 2015 slaying of Kathryn Steinle opened in San Francisco Monday, defense attorneys argued to include testimony about a previously undisclosed auto burglary they say is related to the case.\u003c/p>\n\u003cp>Steinle's death fueled a hard-line stance on immigration enforcement championed by President Trump and Republican lawmakers. The case inspired \"Kate's Law,\" which \u003ca href=\"https://ww2.kqed.org/news/2017/06/29/congress-approves-law-to-punish-sanctuary-cities-california-attorney-general-pushes-back/\" target=\"_blank\" rel=\"noopener noreferrer\">passed the House in June\u003c/a> and would impose harsher criminal sentences for people who repeatedly enter the U.S. illegally, as defendant Jose Inez Garcia Zarate did.\u003c/p>\n\u003cp>Garcia Zarate, who was previously identified as Juan Francisco Lopez Sanchez, is facing a first-degree murder charge for allegedly firing the \u003ca href=\"http://www.sfgate.com/crime/article/Attorneys-for-Pier-14-suspect-Fatal-bullet-was-6467414.php\" target=\"_blank\" rel=\"noopener noreferrer\">shot that ricocheted\u003c/a> off San Francisco's Pier 14 and fatally struck Steinle in the back on July 1, 2015. But exactly how Garcia Zarate came to possess the Sig Sauer P239 handgun, apparently stolen from a federal Bureau of Land Management ranger's car four days before the shooting, is a cornerstone of his defense.\u003c/p>\n\u003cp>His attorneys plan to argue that Garcia Zarate found the gun wrapped in a T-shirt somewhere near the pier. They say this type of gun -- a favorite of law enforcement -- has a near-hair-trigger pull if it's cocked. They say the gun went off accidentally as Garcia Zarate handled it.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe burglary of the BLM ranger's car was made public shortly after the shooting, and San Francisco Superior Court Judge Samuel Feng ruled Monday that Ranger John Woychowski's testimony is relevant to the trial, over the prosecution's objection.\u003c/p>\n\u003cp>Assistant District Attorney Diana Garcia argued that the auto burglary is irrelevant to the charges against Garcia Zarate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It’s our theory that he had the gun -- he chose where he wanted to fire it,\" Garcia said in court. \"The people are not arguing that he stole the gun.\"\u003c/p>\n\u003cp>She added: \"I don't want the jury deliberating on how officers should store their gun in their car.\"\u003c/p>\n\u003cp>Feng disagreed, saying the ranger's testimony is appropriate.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"He is the only person that can testify as to this gun, no one else,\" Feng said from the bench. \"In addition, as to the gun’s condition, how many bullets in the cartridge, was it cocked? De-cocked? He’s the only one.\"\u003c/p>\n\u003cp>But in a new wrinkle, Garcia Zarate's defense attorneys are seeking more information on a second car break-in that apparently occurred near the burglary of the BLM ranger's car. Items stolen from Woychowski's car, including an extra magazine for his service weapon, were reportedly found inside the second car, according to defense attorneys.\u003c/p>\n\u003cp>\"There’s in effect another crime scene, neither of which can be tied to Garcia Zarate,\" Chief Deputy Public Defender Matt Gonzalez said after the hearing.\u003c/p>\n\u003cp>Gonzalez says the two auto burglaries are relevant to the murder trial because the path the gun traveled from Woychowski's car to Pier 14 establishes that Garcia Zarate didn't steal the gun but stumbled on it by accident.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"The excising of this part of the narrative, to go straight to the pier, it would invite speculation on the part of the jury,\" Gonzalez told the judge, in arguing for evidence about the second car break-in to be included in the trial.\u003c/p>\n\u003cp>The public, however, won't be left to speculate on the arguments of attorneys over evidence and testimony in the trial, despite the defense's attempt to seal those records. Gonzalez said the extensive media attention on the case could bias potential jurors.\u003c/p>\n\u003cp>Feng said the defense's application to seal all pretrial motions in the case was \"improper and has minimal respect for the case law.\"\u003c/p>\n\u003cp>\"We are balancing free speech against fair trials,\" Feng said from the bench, noting that much of the evidence in the case is already in the public sphere.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe prosecution opposed sealing the motions, which would also have likely required closed hearings to debate them.\u003c/p>\n\u003cp>\"Sealing such an incredibly public case to begin with -- something that's been in the national dialogue -- was something we thought was problematic and a disservice to the public interest,\" district attorney's spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\"The people would advocate for a public and open forum in this case,\" prosecutor Diana Garcia said in court.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Feng did not make a final determination on how much, if any, information about the second auto burglary will make it into the trial. The next hearing in the case is scheduled for Sept. 5.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11613179/second-auto-burglary-at-play-as-steinle-murder-trial-opens-in-s-f","authors":["3206"],"programs":["news_6944","news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_19542","news_18310","news_18308"],"featImg":"news_11613181","label":"news_72"},"news_11598653":{"type":"posts","id":"news_11598653","meta":{"index":"posts_1591205157","site":"news","id":"11598653","score":null,"sort":[1501274905000]},"guestAuthors":[],"slug":"blm-ranger-to-testify-in-steinle-murder-trial","title":"BLM Ranger to Testify in Steinle Murder Trial","publishDate":1501274905,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A ranger with the federal Bureau of Land Management will testify in an upcoming trial charging a Mexican national with murder for the slaying of Kathryn Steinle in San Francisco two years ago. This marks a change in the U.S. government's initial position that federal employees cannot be subpoenaed to testify in state court cases.\u003c/p>\n\u003cp>The agreement between defense attorneys representing Juan Francisco Lopez Sanchez and lawyers with the federal government was announced in San Francisco Superior Court on Friday. It appears to end about a month of legal wrangling that reached its peak last week with a local prosecutor \u003ca href=\"https://ww2.kqed.org/news/2017/07/21/prosecution-seeks-to-seal-witness-list-in-steinle-murder-trial-after-kqeds-publication-of-rangers-name/\" target=\"_blank\" rel=\"noopener noreferrer\">accusing defense attorneys\u003c/a> of \"publicizing\" BLM ranger John Woychowski's name and using \"underhanded tactics that caused public humiliation of an officer who happened to be the victim of an auto burglary that is still an open police investigation.\"\u003c/p>\n\u003cfigure id=\"attachment_11553719\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11553719\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/Woychowski.jpg\" alt=\"Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011.\" width=\"640\" height=\"465\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-375x272.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-520x378.jpg 520w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011. \u003ccite>(Bureau of Land Management California via Internet Archive)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Steinle's killing received national attention after then-presidential candidate Donald Trump and congressional Republicans seized on the case as an example of violent crime committed by people living in the U.S. illegally and blamed San Francisco's \"sanctuary\" ordinance for Lopez Sanchez's release from county jail.\u003c/p>\n\u003cp>The origin of the weapon used to kill Steinle on Pier 14 received less attention, but California legislators passed a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB869\" target=\"_blank\" rel=\"noopener noreferrer\">state law\u003c/a> in 2016 that made it an infraction for law enforcement officers to leave their guns unsecured.\u003c/p>\n\u003cp>Woychowski's gun was stolen after he \u003ca href=\"http://www.sfgate.com/crime/article/S-F-police-didn-t-investigate-gun-theft-before-6376393.php\" target=\"_blank\" rel=\"noopener noreferrer\">reportedly\u003c/a> left it in a backpack in a parked car when he stopped for dinner in San Francisco, four days before Steinle's death on July 1, 2015. Lopez Sanchez was never accused, nor charged, with the auto burglary, and his defense attorneys are arguing that he found Woychowski's Sig Sauer handgun shortly before the shooting, wrapped in a T-shirt. They say the gun fired accidentally as Lopez Sanchez handled it, before he knew what it was.\u003cbr>\n[contextly_sidebar id=\"OFlKH6D3MM2i4U7G1AyN3fL6z9XFZi1j\"]\u003cbr>\n\"The weapon was pointed at the ground at the time of discharge,\" said Francisco Ugarte, a deputy public defender who represents Lopez Sanchez.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Testimony at the preliminary hearing in the case established the bullet traveled about 12 feet before it ricocheted off the concrete pier, then another 78 feet before it struck Steinle in the back.\u003c/p>\n\u003cp>Prosecutors have repeatedly said they fail to see how Woychowski's testimony is relevant.\u003c/p>\n\u003cp>\"The defendant is charged with murder and as such the issues that are presented are did he pull the trigger? And when he did so, if he did so, did he do so with implied malice?\" San Francisco District Attorney's Office spokesman Max Szabo said. \"Whether or not this ranger’s testimony is relevant, being as though the defendant is not charged with, for example, auto burglary, remains to be seen.\"\u003c/p>\n\u003cp>Although the federal government agreed to produce Woychowski for the trial, according to Superior Court Judge Richard Loftus, the exact scope of his testimony will be determined by the judge presiding over the trial, who has yet to be selected.\u003c/p>\n\u003cp>Attorneys with the U.S. Department of the Interior and the Department of Justice have attended court for the past two weeks. They declined repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11598847\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11598847\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-800x600.jpg\" alt=\"A bench with a plaque commemorating Kathryn Steinle is seen near San Francisco's Pier 14 on July 22, 2017.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A bench with a plaque commemorating Kathryn Steinle is seen near San Francisco's Pier 14 on July 22, 2017. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lopez Sanchez's defense attorneys say Woychowski was the last known person to have possession of the gun before their client found it near the pier.\u003c/p>\n\u003cp>\"The physical traits of the discharge appear to be an accident. The condition of the weapon itself, the trigger pull, the history, whether it was loaded -- all of those issues are relevant,\" Ugarte said.\u003c/p>\n\u003cp>An attorney representing the Department of the Interior, which oversees the Bureau of Land Management, wrote to Lopez Sanchez's defense attorneys on July 13 that they should provide a written request outlining the exact testimony they expected from Woychowski. State and federal attorneys speaking on condition of anonymity said such requests are routine in cases seeking a federal employee's testimony.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The BLM wanted to try to restrict the areas that he could testify in,\" said Chief Deputy Public Defender Matt Gonzalez, who also represents Lopez Sanchez. \"We made it clear to this court that the trial judge would get to decide that, not the BLM.\"\u003c/p>\n\n","blocks":[],"excerpt":"Agreement announced in court Friday marks the end of legal wrangling over John Woychowski's testimony.","status":"publish","parent":0,"modified":1501277980,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":747},"headData":{"title":"BLM Ranger to Testify in Steinle Murder Trial | KQED","description":"Agreement announced in court Friday marks the end of legal wrangling over John Woychowski's testimony.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11598653 https://ww2.kqed.org/news/?p=11598653","disqusUrl":"https://ww2.kqed.org/news/2017/07/28/blm-ranger-to-testify-in-steinle-murder-trial/","disqusTitle":"BLM Ranger to Testify in Steinle Murder Trial","path":"/news/11598653/blm-ranger-to-testify-in-steinle-murder-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A ranger with the federal Bureau of Land Management will testify in an upcoming trial charging a Mexican national with murder for the slaying of Kathryn Steinle in San Francisco two years ago. This marks a change in the U.S. government's initial position that federal employees cannot be subpoenaed to testify in state court cases.\u003c/p>\n\u003cp>The agreement between defense attorneys representing Juan Francisco Lopez Sanchez and lawyers with the federal government was announced in San Francisco Superior Court on Friday. It appears to end about a month of legal wrangling that reached its peak last week with a local prosecutor \u003ca href=\"https://ww2.kqed.org/news/2017/07/21/prosecution-seeks-to-seal-witness-list-in-steinle-murder-trial-after-kqeds-publication-of-rangers-name/\" target=\"_blank\" rel=\"noopener noreferrer\">accusing defense attorneys\u003c/a> of \"publicizing\" BLM ranger John Woychowski's name and using \"underhanded tactics that caused public humiliation of an officer who happened to be the victim of an auto burglary that is still an open police investigation.\"\u003c/p>\n\u003cfigure id=\"attachment_11553719\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11553719\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/Woychowski.jpg\" alt=\"Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011.\" width=\"640\" height=\"465\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-375x272.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-520x378.jpg 520w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011. \u003ccite>(Bureau of Land Management California via Internet Archive)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Steinle's killing received national attention after then-presidential candidate Donald Trump and congressional Republicans seized on the case as an example of violent crime committed by people living in the U.S. illegally and blamed San Francisco's \"sanctuary\" ordinance for Lopez Sanchez's release from county jail.\u003c/p>\n\u003cp>The origin of the weapon used to kill Steinle on Pier 14 received less attention, but California legislators passed a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB869\" target=\"_blank\" rel=\"noopener noreferrer\">state law\u003c/a> in 2016 that made it an infraction for law enforcement officers to leave their guns unsecured.\u003c/p>\n\u003cp>Woychowski's gun was stolen after he \u003ca href=\"http://www.sfgate.com/crime/article/S-F-police-didn-t-investigate-gun-theft-before-6376393.php\" target=\"_blank\" rel=\"noopener noreferrer\">reportedly\u003c/a> left it in a backpack in a parked car when he stopped for dinner in San Francisco, four days before Steinle's death on July 1, 2015. Lopez Sanchez was never accused, nor charged, with the auto burglary, and his defense attorneys are arguing that he found Woychowski's Sig Sauer handgun shortly before the shooting, wrapped in a T-shirt. They say the gun fired accidentally as Lopez Sanchez handled it, before he knew what it was.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"The weapon was pointed at the ground at the time of discharge,\" said Francisco Ugarte, a deputy public defender who represents Lopez Sanchez.\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>Testimony at the preliminary hearing in the case established the bullet traveled about 12 feet before it ricocheted off the concrete pier, then another 78 feet before it struck Steinle in the back.\u003c/p>\n\u003cp>Prosecutors have repeatedly said they fail to see how Woychowski's testimony is relevant.\u003c/p>\n\u003cp>\"The defendant is charged with murder and as such the issues that are presented are did he pull the trigger? And when he did so, if he did so, did he do so with implied malice?\" San Francisco District Attorney's Office spokesman Max Szabo said. \"Whether or not this ranger’s testimony is relevant, being as though the defendant is not charged with, for example, auto burglary, remains to be seen.\"\u003c/p>\n\u003cp>Although the federal government agreed to produce Woychowski for the trial, according to Superior Court Judge Richard Loftus, the exact scope of his testimony will be determined by the judge presiding over the trial, who has yet to be selected.\u003c/p>\n\u003cp>Attorneys with the U.S. Department of the Interior and the Department of Justice have attended court for the past two weeks. They declined repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11598847\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11598847\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-800x600.jpg\" alt=\"A bench with a plaque commemorating Kathryn Steinle is seen near San Francisco's Pier 14 on July 22, 2017.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/RS26097_20170722_144909-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A bench with a plaque commemorating Kathryn Steinle is seen near San Francisco's Pier 14 on July 22, 2017. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lopez Sanchez's defense attorneys say Woychowski was the last known person to have possession of the gun before their client found it near the pier.\u003c/p>\n\u003cp>\"The physical traits of the discharge appear to be an accident. The condition of the weapon itself, the trigger pull, the history, whether it was loaded -- all of those issues are relevant,\" Ugarte said.\u003c/p>\n\u003cp>An attorney representing the Department of the Interior, which oversees the Bureau of Land Management, wrote to Lopez Sanchez's defense attorneys on July 13 that they should provide a written request outlining the exact testimony they expected from Woychowski. State and federal attorneys speaking on condition of anonymity said such requests are routine in cases seeking a federal employee's testimony.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The BLM wanted to try to restrict the areas that he could testify in,\" said Chief Deputy Public Defender Matt Gonzalez, who also represents Lopez Sanchez. \"We made it clear to this court that the trial judge would get to decide that, not the BLM.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11598653/blm-ranger-to-testify-in-steinle-murder-trial","authors":["3206"],"programs":["news_6944"],"categories":["news_1169","news_6188","news_8"],"tags":["news_18310","news_18308"],"featImg":"news_11598690","label":"news_6944"},"news_11579605":{"type":"posts","id":"news_11579605","meta":{"index":"posts_1591205157","site":"news","id":"11579605","score":null,"sort":[1500682863000]},"guestAuthors":[],"slug":"prosecution-seeks-to-seal-witness-list-in-steinle-murder-trial-after-kqeds-publication-of-rangers-name","title":"Prosecution Seeks to Seal Witness List in Steinle Murder Trial After KQED's Publication of Ranger's Name","publishDate":1500682863,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The lead prosecuting attorney in the murder trial of Juan Francisco Lopez Sanchez for allegedly killing Kathryn Steinle is arguing that the identity of additional witnesses in the case should be kept secret after \u003ca href=\"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/\" target=\"_blank\" rel=\"noopener noreferrer\">KQED published the name of a federal ranger\u003c/a> whose stolen gun was used in the slaying.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/3899015-People-s-Notice-of-Motion-and-Motion-for-a.html\" target=\"_blank\" rel=\"noopener noreferrer\">prosecution's motion\u003c/a> filed Thursday and obtained Friday by KQED accuses Lopez Sanchez's defense of abusing subpoena power and publicizing Bureau of Land Management ranger John Woychowski's name \"merely to further his obvious agenda: to precondition potential jurors by casting blame on a federal officer whose stolen firearm was the murder weapon,\" according to the filing.\u003c/p>\n\u003cp>The gun was reportedly stolen from Woychowski's parked car four days before Juan Francisco Lopez Sanchez, a Mexican national with a long record of entering the United States illegally, allegedly fired the weapon on July 1, 2015, while handling it near Pier 14, close to the Ferry Building in San Francisco.\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/07/Steinle5302way170721.mp3\" title=\"Prosecution Seeks to Seal Witness List in Steinle Murder Trial After KQED’s Publication of Ranger’s Name\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/07/steinle.jpg\"]\u003c/p>\n\u003cp>The bullet appears to have ricocheted before striking Steinle in the back, according to testimony at a preliminary hearing in the case, and Lopez Sanchez's defense attorneys are arguing that it went off accidentally before their client knew what he was holding.\u003cbr>\n[contextly_sidebar id=\"KdBU1ovrOto03OrdselvOoy1DRaBqSvG\"]\u003cbr>\n\"The people do not want other witnesses to be subject to this gamesmanship and harassment,\" Assistant District Attorney Diana Garcia's motion says. \"It is potentially compromising to the People’s prosecution of Defendant for murder because defense counsel’s tactics may discourage witnesses from cooperating and voluntarily testifying.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Whether or not Woychowski will testify is still being litigated, and two federal attorneys were present at a hearing in San Francisco Superior Court on Friday, though they did not address the court and declined to comment after. The matter may be heard in open court next Friday.\u003c/p>\n\u003cp>The attorneys for the U.S. Department of Justice and the Department of the Interior \u003ca href=\"https://ww2.kqed.org/news/2017/07/14/feds-balk-at-subpoena-for-rangers-testimony-in-kathryn-steinle-murder-case/\" target=\"_blank\" rel=\"noopener noreferrer\">argued in a July 13 letter\u003c/a> that, in seeking to subpoena Woychowski's testimony, the defense skirted procedure and case law that requires federal permission for an employee to testify in a state court case.\u003c/p>\n\u003cp>\"[I]t is the Department's general policy not to allow its employees to testify or to produce Department records either upon request or by subpoena,\" the letter says, citing Department of the Interior regulations.\u003c/p>\n\u003cp>State and federal attorneys speaking on the condition of anonymity said the procedure the U.S. government is requiring is routine and in place to ensure federal employees are authorized to testify about whatever they're subpoenaed for.\u003c/p>\n\u003cp>\"Even assuming the BLM officer’s testimony is relevant to the murder charge here, there was no need for defense counsel’s underhanded tactics that caused public humiliation of an officer who happened to be the victim of an auto burglary that is still an open police investigation,\" Garcia's motion says. \"Defense counsel disregarded a long-established procedure for the appearance in state court of federal agents, and then as if by fiat, sought the arrest of a federal law enforcement officer anyway.”\u003c/p>\n\u003cp>After the federal government indicated Woychowski would not comply with the state court subpoena, Lopez Sanchez's defense filed a \"body attachment,\" which could result in arrest to produce a witness for trial.\u003c/p>\n\u003cp>They say the law in question contains an exception for criminal cases, like the murder trial, and the federal government should comply with the court's order.\u003c/p>\n\u003cp>\"The federal government often articulates things that are wrong,\" said Chief Deputy Public Defender Matt Gonzalez, one of Lopez Sanchez's defense attorneys. \"They have an attitude about the state courts and their [federal] supremacy that is in effect ignoring the fact that one of their employees not only violated their own agency rules but what is now state law, and clearly played a role in the outcome.\"\u003c/p>\n\u003cp>Last year a state law passed -- a year after Steinle was killed-- that makes it an infraction carrying a $1,000 fine when law enforcement officers leave their guns unsecured.\u003c/p>\n\u003cp>A defense declaration filed Friday in response to the prosecution's request to seal its witness list says defense attorneys repeatedly asked prosecutors if the subpoena for Woychowski's testimony should be kept secret.\u003c/p>\n\u003cp>\"Garcia expressly stated she did not want to file motions under seal,\" Gonzalez's declaration says. \"Garcia actually said she did not believe the media would follow the case very closely, as it was an old story. This surprised me, and I told her I did not agree with that assessment.\"\u003c/p>\n\u003cp>The declaration continues: “Garcia said she did not want motions done under seal and expressed no concern as to whether the BLM officer was publicly named.”\u003c/p>\n\u003cp>Nevertheless, the defense did not publicize Woychowski's name, and requested the court keep the subpoena under seal. The defense's motion and judge's order for the subpoena were discovered in a routine check on the case by KQED.\u003c/p>\n\u003cp>\"Up to that time the defense had not released his name, despite numerous media requests, until the press discovered it on their own,\" Gonzalez's declaration says. \"I understand that the reporter who broke the story learned of the subpoena, four days after it was filed, by reviewing the case file.\"\u003c/p>\n\u003cp>Read the \u003ca href=\"https://www.documentcloud.org/documents/3899015-People-s-Notice-of-Motion-and-Motion-for-a.html\" target=\"_blank\" rel=\"noopener noreferrer\">prosecution's motion\u003c/a>, followed by the \u003ca href=\"https://www.documentcloud.org/documents/3899013-170720-Reply-to-People-s-Motion-for-a-Protective.html\" target=\"_blank\" rel=\"noopener noreferrer\">defense's response\u003c/a>, below.\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3899015-People-s-Notice-of-Motion-and-Motion-for-a\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3899013-170720-Reply-to-People-s-Motion-for-a-Protective\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n","blocks":[],"excerpt":"Prosecutors argue defense abused subpoena power 'in his zeal to seek press coverage,' but defense tried to keep ranger's identity under seal, and KQED discovered it without help.","status":"publish","parent":0,"modified":1618878398,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1007},"headData":{"title":"Prosecution Seeks to Seal Witness List in Steinle Murder Trial After KQED's Publication of Ranger's Name | KQED","description":"Prosecutors argue defense abused subpoena power 'in his zeal to seek press coverage,' but defense tried to keep ranger's identity under seal, and KQED discovered it without help.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11579605 https://ww2.kqed.org/news/?p=11579605","disqusUrl":"https://ww2.kqed.org/news/2017/07/21/prosecution-seeks-to-seal-witness-list-in-steinle-murder-trial-after-kqeds-publication-of-rangers-name/","disqusTitle":"Prosecution Seeks to Seal Witness List in Steinle Murder Trial After KQED's Publication of Ranger's Name","templateType":"standard","featuredImageType":"standard","path":"/news/11579605/prosecution-seeks-to-seal-witness-list-in-steinle-murder-trial-after-kqeds-publication-of-rangers-name","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The lead prosecuting attorney in the murder trial of Juan Francisco Lopez Sanchez for allegedly killing Kathryn Steinle is arguing that the identity of additional witnesses in the case should be kept secret after \u003ca href=\"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/\" target=\"_blank\" rel=\"noopener noreferrer\">KQED published the name of a federal ranger\u003c/a> whose stolen gun was used in the slaying.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/3899015-People-s-Notice-of-Motion-and-Motion-for-a.html\" target=\"_blank\" rel=\"noopener noreferrer\">prosecution's motion\u003c/a> filed Thursday and obtained Friday by KQED accuses Lopez Sanchez's defense of abusing subpoena power and publicizing Bureau of Land Management ranger John Woychowski's name \"merely to further his obvious agenda: to precondition potential jurors by casting blame on a federal officer whose stolen firearm was the murder weapon,\" according to the filing.\u003c/p>\n\u003cp>The gun was reportedly stolen from Woychowski's parked car four days before Juan Francisco Lopez Sanchez, a Mexican national with a long record of entering the United States illegally, allegedly fired the weapon on July 1, 2015, while handling it near Pier 14, close to the Ferry Building in San Francisco.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"http://www.kqed.org/.stream/anon/radio/RDnews/2017/07/Steinle5302way170721.mp3","title":"Prosecution Seeks to Seal Witness List in Steinle Murder Trial After KQED’s Publication of Ranger’s Name","program":"KQED News","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/07/steinle.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The bullet appears to have ricocheted before striking Steinle in the back, according to testimony at a preliminary hearing in the case, and Lopez Sanchez's defense attorneys are arguing that it went off accidentally before their client knew what he was holding.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\n\"The people do not want other witnesses to be subject to this gamesmanship and harassment,\" Assistant District Attorney Diana Garcia's motion says. \"It is potentially compromising to the People’s prosecution of Defendant for murder because defense counsel’s tactics may discourage witnesses from cooperating and voluntarily testifying.\"\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>Whether or not Woychowski will testify is still being litigated, and two federal attorneys were present at a hearing in San Francisco Superior Court on Friday, though they did not address the court and declined to comment after. The matter may be heard in open court next Friday.\u003c/p>\n\u003cp>The attorneys for the U.S. Department of Justice and the Department of the Interior \u003ca href=\"https://ww2.kqed.org/news/2017/07/14/feds-balk-at-subpoena-for-rangers-testimony-in-kathryn-steinle-murder-case/\" target=\"_blank\" rel=\"noopener noreferrer\">argued in a July 13 letter\u003c/a> that, in seeking to subpoena Woychowski's testimony, the defense skirted procedure and case law that requires federal permission for an employee to testify in a state court case.\u003c/p>\n\u003cp>\"[I]t is the Department's general policy not to allow its employees to testify or to produce Department records either upon request or by subpoena,\" the letter says, citing Department of the Interior regulations.\u003c/p>\n\u003cp>State and federal attorneys speaking on the condition of anonymity said the procedure the U.S. government is requiring is routine and in place to ensure federal employees are authorized to testify about whatever they're subpoenaed for.\u003c/p>\n\u003cp>\"Even assuming the BLM officer’s testimony is relevant to the murder charge here, there was no need for defense counsel’s underhanded tactics that caused public humiliation of an officer who happened to be the victim of an auto burglary that is still an open police investigation,\" Garcia's motion says. \"Defense counsel disregarded a long-established procedure for the appearance in state court of federal agents, and then as if by fiat, sought the arrest of a federal law enforcement officer anyway.”\u003c/p>\n\u003cp>After the federal government indicated Woychowski would not comply with the state court subpoena, Lopez Sanchez's defense filed a \"body attachment,\" which could result in arrest to produce a witness for trial.\u003c/p>\n\u003cp>They say the law in question contains an exception for criminal cases, like the murder trial, and the federal government should comply with the court's order.\u003c/p>\n\u003cp>\"The federal government often articulates things that are wrong,\" said Chief Deputy Public Defender Matt Gonzalez, one of Lopez Sanchez's defense attorneys. \"They have an attitude about the state courts and their [federal] supremacy that is in effect ignoring the fact that one of their employees not only violated their own agency rules but what is now state law, and clearly played a role in the outcome.\"\u003c/p>\n\u003cp>Last year a state law passed -- a year after Steinle was killed-- that makes it an infraction carrying a $1,000 fine when law enforcement officers leave their guns unsecured.\u003c/p>\n\u003cp>A defense declaration filed Friday in response to the prosecution's request to seal its witness list says defense attorneys repeatedly asked prosecutors if the subpoena for Woychowski's testimony should be kept secret.\u003c/p>\n\u003cp>\"Garcia expressly stated she did not want to file motions under seal,\" Gonzalez's declaration says. \"Garcia actually said she did not believe the media would follow the case very closely, as it was an old story. This surprised me, and I told her I did not agree with that assessment.\"\u003c/p>\n\u003cp>The declaration continues: “Garcia said she did not want motions done under seal and expressed no concern as to whether the BLM officer was publicly named.”\u003c/p>\n\u003cp>Nevertheless, the defense did not publicize Woychowski's name, and requested the court keep the subpoena under seal. The defense's motion and judge's order for the subpoena were discovered in a routine check on the case by KQED.\u003c/p>\n\u003cp>\"Up to that time the defense had not released his name, despite numerous media requests, until the press discovered it on their own,\" Gonzalez's declaration says. \"I understand that the reporter who broke the story learned of the subpoena, four days after it was filed, by reviewing the case file.\"\u003c/p>\n\u003cp>Read the \u003ca href=\"https://www.documentcloud.org/documents/3899015-People-s-Notice-of-Motion-and-Motion-for-a.html\" target=\"_blank\" rel=\"noopener noreferrer\">prosecution's motion\u003c/a>, followed by the \u003ca href=\"https://www.documentcloud.org/documents/3899013-170720-Reply-to-People-s-Motion-for-a-Protective.html\" target=\"_blank\" rel=\"noopener noreferrer\">defense's response\u003c/a>, below.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/3899015-People-s-Notice-of-Motion-and-Motion-for-a","notes":"true","text":"true","search":"true","sidebar":"true","pdf":"true","responsive":"true","page":"1","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/3899013-170720-Reply-to-People-s-Motion-for-a-Protective","notes":"true","text":"true","search":"true","sidebar":"true","pdf":"true","responsive":"true","page":"1","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11579605/prosecution-seeks-to-seal-witness-list-in-steinle-murder-trial-after-kqeds-publication-of-rangers-name","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18310","news_18308","news_892"],"featImg":"news_11580549","label":"news_6944"},"news_11567672":{"type":"posts","id":"news_11567672","meta":{"index":"posts_1591205157","site":"news","id":"11567672","score":null,"sort":[1500074498000]},"guestAuthors":[],"slug":"feds-balk-at-subpoena-for-rangers-testimony-in-kathryn-steinle-murder-case","title":"Feds Balk at Subpoena for Ranger's Testimony in Kathryn Steinle Murder Case","publishDate":1500074498,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>An attorney for the U.S. Department of the Interior's Bureau of Land Management is arguing that the federal government must give its permission for a \u003ca href=\"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/\" target=\"_blank\" rel=\"noopener noreferrer\">ranger whose stolen gun\u003c/a> was used to kill Kathryn Steinle to testify in an upcoming murder trial.\u003c/p>\n\u003cp>And that's unlikely.\u003c/p>\n\u003cp>But the legal reasoning offered in a Thursday letter to defense attorneys for Juan Francisco Lopez Sanchez, who is accused of killing Steinle, appears to contradict itself.\u003c/p>\n\u003cp>The letter cites a federal case from 1951, and Department of the Interior regulations growing out of it, that generally prohibit federal employees from being subpoenaed to testify about their jobs or as experts.\u003c/p>\n\u003cp>\"[I]t is the Department's general policy not to allow its employees to testify or to produce Department records either upon request or by subpoena,\" the letter says, citing U.S. Department of the Interior regulations.\u003c/p>\n\u003cfigure id=\"attachment_11553719\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11553719\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/Woychowski.jpg\" alt=\"Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011.\" width=\"640\" height=\"465\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-375x272.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-520x378.jpg 520w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011. \u003ccite>(Bureau of Land Management California via Internet Archive)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The letter continues:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"While these regulations provide at § 2.80 (c) (4) that this subpart does not apply to 'Federal, State and Tribal criminal court proceedings' in fact, the Department will review your ... Request and decide whether to deny it, or narrow the scope of any testimony or production allowed based on your written response.\"\u003c/p>\n\u003cp>Kathryn Steinle's slaying has garnered national attention, driven largely by politicians and pundits pushing for harsher immigration policies. Lopez Sanchez is a Mexican national with a long history of deportations and illegal re-entries in the U.S.\u003c/p>\n\u003cp>But his defense attorneys argue that Lopez Sanchez has no history of violent crime or theft, and he simply picked up an object wrapped in cloth that he found on San Francisco's Pier 14. They say Steinle's death was an accident: Woychowski's lost Sig Sauer pistol went off in Lopez Sanchez's hands, the bullet ricocheted off the pier and struck Steinle in the back about 100 feet away.\u003c/p>\n\u003cp>Woychowski's testimony is critical to the case, defense attorneys said, and the federal government's arguments against it don't apply.\u003c/p>\n\u003cp>[contextly_sidebar id=\"sBZItuCVVdM4ftLgMpsKS5GAJe7ZUBnM\"]\u003c/p>\n\u003cp>\"We’re citing Bureau of Land Management’s own regulations for why the objection that they’re raising doesn’t apply,\" said Matt Gonzalez, San Francisco chief deputy public defender and one of Lopez Sanchez's defense attorneys. \"He started the chain of events that put this gun on that pier, in our opinion, and so his relevance is obvious.\"\u003c/p>\n\u003cp>The court's subpoena required Woychowski to attend a hearing in San Francisco on Friday and to bring \"documentation, records, and communications regarding your Sig Sauer firearm reported stolen to San Francisco Police Department on June 27, 2015, including any records, requests, or notice submitted to your employer.\"\u003c/p>\n\u003cp>\"Mr. Woychowski has in his possession evidence that is relevant to the case that will help the jury understand the condition of the weapon at the time that he left it in the back seat of a car in a backpack fully loaded,\" said Deputy Public Defender Francisco Ugarte, who also represents Lopez Sanchez. \"We don’t know the history of the weapon. We know nothing really about the condition it was held in. It’s the federal government: We’re not even sure why they should have standing in this case to prevent one of its employees, who was off-duty, to not testify in court.\"\u003c/p>\n\u003cp>Ugarte wrote in a motion filed Friday in San Francisco Superior Court that \"[t]he agency's policy as stated to Defendant would prohibit an employee of BLM from responding to a service of divorce papers or a fix-it-ticket; the policy does not apply in those cases and does not apply here.\"\u003c/p>\n\u003cp>\"He’s the last known person to have held the weapon before it reached the pier,\" Ugarte said. \"He knows about the condition in which the weapon was stored and the history of the weapon itself. This incident involved a ricochet shot of 100 feet that points toward an accident. ... He should simply appear in court and help us understand what happened.\"\u003c/p>\n\u003cp>A spokeswoman for the Bureau of Land Management declined to comment. Read the defense attorneys' latest motion in the case, the subpoena and the Department of the Interior attorney's response below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3894863-170714-Ex-Parte-Motion-Requesting-Issuance-of\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n","blocks":[],"excerpt":"A BLM attorney cites a federal case from 1951, and Department of the Interior regulations growing out of it, that generally prohibit federal employees from being subpoenaed to testify about their jobs or as experts.","status":"publish","parent":0,"modified":1618878411,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":767},"headData":{"title":"Feds Balk at Subpoena for Ranger's Testimony in Kathryn Steinle Murder Case | KQED","description":"A BLM attorney cites a federal case from 1951, and Department of the Interior regulations growing out of it, that generally prohibit federal employees from being subpoenaed to testify about their jobs or as experts.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11567672 https://ww2.kqed.org/news/?p=11567672","disqusUrl":"https://ww2.kqed.org/news/2017/07/14/feds-balk-at-subpoena-for-rangers-testimony-in-kathryn-steinle-murder-case/","disqusTitle":"Feds Balk at Subpoena for Ranger's Testimony in Kathryn Steinle Murder Case","templateType":"standard","featuredImageType":"standard","path":"/news/11567672/feds-balk-at-subpoena-for-rangers-testimony-in-kathryn-steinle-murder-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>An attorney for the U.S. Department of the Interior's Bureau of Land Management is arguing that the federal government must give its permission for a \u003ca href=\"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/\" target=\"_blank\" rel=\"noopener noreferrer\">ranger whose stolen gun\u003c/a> was used to kill Kathryn Steinle to testify in an upcoming murder trial.\u003c/p>\n\u003cp>And that's unlikely.\u003c/p>\n\u003cp>But the legal reasoning offered in a Thursday letter to defense attorneys for Juan Francisco Lopez Sanchez, who is accused of killing Steinle, appears to contradict itself.\u003c/p>\n\u003cp>The letter cites a federal case from 1951, and Department of the Interior regulations growing out of it, that generally prohibit federal employees from being subpoenaed to testify about their jobs or as experts.\u003c/p>\n\u003cp>\"[I]t is the Department's general policy not to allow its employees to testify or to produce Department records either upon request or by subpoena,\" the letter says, citing U.S. Department of the Interior regulations.\u003c/p>\n\u003cfigure id=\"attachment_11553719\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg class=\"size-full wp-image-11553719\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/Woychowski.jpg\" alt=\"Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011.\" width=\"640\" height=\"465\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski.jpg 640w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-160x116.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-240x174.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-375x272.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/Woychowski-520x378.jpg 520w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">Bureau of Land Management Ranger John Woychowski was named El Centro Field Office 'Ranger of the Year' in 2011. \u003ccite>(Bureau of Land Management California via Internet Archive)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The letter continues:\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>\"While these regulations provide at § 2.80 (c) (4) that this subpart does not apply to 'Federal, State and Tribal criminal court proceedings' in fact, the Department will review your ... Request and decide whether to deny it, or narrow the scope of any testimony or production allowed based on your written response.\"\u003c/p>\n\u003cp>Kathryn Steinle's slaying has garnered national attention, driven largely by politicians and pundits pushing for harsher immigration policies. Lopez Sanchez is a Mexican national with a long history of deportations and illegal re-entries in the U.S.\u003c/p>\n\u003cp>But his defense attorneys argue that Lopez Sanchez has no history of violent crime or theft, and he simply picked up an object wrapped in cloth that he found on San Francisco's Pier 14. They say Steinle's death was an accident: Woychowski's lost Sig Sauer pistol went off in Lopez Sanchez's hands, the bullet ricocheted off the pier and struck Steinle in the back about 100 feet away.\u003c/p>\n\u003cp>Woychowski's testimony is critical to the case, defense attorneys said, and the federal government's arguments against it don't apply.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"We’re citing Bureau of Land Management’s own regulations for why the objection that they’re raising doesn’t apply,\" said Matt Gonzalez, San Francisco chief deputy public defender and one of Lopez Sanchez's defense attorneys. \"He started the chain of events that put this gun on that pier, in our opinion, and so his relevance is obvious.\"\u003c/p>\n\u003cp>The court's subpoena required Woychowski to attend a hearing in San Francisco on Friday and to bring \"documentation, records, and communications regarding your Sig Sauer firearm reported stolen to San Francisco Police Department on June 27, 2015, including any records, requests, or notice submitted to your employer.\"\u003c/p>\n\u003cp>\"Mr. Woychowski has in his possession evidence that is relevant to the case that will help the jury understand the condition of the weapon at the time that he left it in the back seat of a car in a backpack fully loaded,\" said Deputy Public Defender Francisco Ugarte, who also represents Lopez Sanchez. \"We don’t know the history of the weapon. We know nothing really about the condition it was held in. It’s the federal government: We’re not even sure why they should have standing in this case to prevent one of its employees, who was off-duty, to not testify in court.\"\u003c/p>\n\u003cp>Ugarte wrote in a motion filed Friday in San Francisco Superior Court that \"[t]he agency's policy as stated to Defendant would prohibit an employee of BLM from responding to a service of divorce papers or a fix-it-ticket; the policy does not apply in those cases and does not apply here.\"\u003c/p>\n\u003cp>\"He’s the last known person to have held the weapon before it reached the pier,\" Ugarte said. \"He knows about the condition in which the weapon was stored and the history of the weapon itself. This incident involved a ricochet shot of 100 feet that points toward an accident. ... He should simply appear in court and help us understand what happened.\"\u003c/p>\n\u003cp>A spokeswoman for the Bureau of Land Management declined to comment. Read the defense attorneys' latest motion in the case, the subpoena and the Department of the Interior attorney's response below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/3894863-170714-Ex-Parte-Motion-Requesting-Issuance-of","notes":"true","text":"true","search":"true","sidebar":"true","pdf":"true","responsive":"true","page":"1","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11567672/feds-balk-at-subpoena-for-rangers-testimony-in-kathryn-steinle-murder-case","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_21256","news_18310","news_18308"],"featImg":"news_11567675","label":"news_6944"},"news_11553712":{"type":"posts","id":"news_11553712","meta":{"index":"posts_1591205157","site":"news","id":"11553712","score":null,"sort":[1499465066000]},"guestAuthors":[],"slug":"court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing","title":"Court Filing IDs Fed Whose Stolen Gun Was Used in Kathryn Steinle Killing","publishDate":1499465066,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A public defender representing the man charged with fatally shooting Kathryn Steinle wants the federal law enforcement officer whose gun was used in the killing to testify in the case, according to a document filed last week in San Francisco County Superior Court.\u003c/p>\n\u003cp>The June 29 filing seeks the appearance of Bureau of Land Management Ranger John Woychowski in court and marks the first time he has been publicly identified as the officer who allegedly left his duty weapon unsecured in a car while stopping in San Francisco.\u003c/p>\n\u003cp>His vehicle was burglarized and the gun was stolen four days before Juan Francisco Lopez Sanchez, a Mexican national with a long record of entering the United States illegally, allegedly fired the weapon while handling it near a public pier close to the Ferry Building in San Francisco.\u003c/p>\n\u003cp>The bullet appears to have ricocheted before striking Steinle in the back, according to testimony at a preliminary hearing in the case. Lopez Sanchez is scheduled to stand trial for murder next week, though the case will likely be delayed.\u003c/p>\n\u003cp>The July 1, 2015, incident on Pier 14 immediately became the focus of the national debate over tougher immigration laws.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco Police Department received criticism for its initial investigation of the gun theft, which did not involve crime scene investigators, according to a \u003ca href=\"http://www.sfgate.com/crime/article/S-F-police-didn-t-investigate-gun-theft-before-6376393.php\" target=\"_blank\" rel=\"noopener noreferrer\">report in the San Francisco Chronicle\u003c/a>. Woychowski immediately called police after he discovered his .40-caliber handgun, reportedly left in a bag in his vehicle, was missing.\u003c/p>\n\u003cp>Without identifying Woychowski by name, a Bureau of Land Management spokeswoman said after Steinle's killing that the ranger was traveling through San Francisco on official government business when his gun was stolen.\u003c/p>\n\u003cp>It's currently unknown how the weapon came into Lopez Sanchez's possession, but that hasn't restrained the rhetoric from Republicans in Congress, who have championed a bill they're calling \"Kate's Law.\" The legislation, which strengthens penalties for those arrested with prior convictions for entering the country illegally, passed the House of Representatives on June 29.\u003c/p>\n\u003cp>House Speaker Paul Ryan wrote in a June 29 web post titled \"\u003ca href=\"http://www.speaker.gov/general/law-kate\" target=\"_blank\" rel=\"noopener noreferrer\">This Law is for Kate\u003c/a>\" that Lopez Sanchez \"stole a gun out of a federal officer’s car, fired shots in public, and shot Kate Steinle in the back.\"\u003c/p>\n\u003cp>In fact, there's no evidence that Lopez Sanchez committed the initial burglary. He told reporters in a jailhouse interview after Steinle's death that he found the gun wrapped in a T-shirt under a bench, though it's not clear Lopez Sanchez understood the questions or the answers he was giving.\u003c/p>\n\u003cp>Attempts to reach Woychowski on Friday by phone and emails were unsuccessful. The supervisor at the BLM's El Centro (Imperial County) field office, where it appears Woychowski is based, did not return a phone call seeking verification of Woychowski's current employment with the office. A state-level BLM spokeswoman did not return calls and emails.\u003c/p>\n\u003cp>The San Francisco Public Defender's Office, which is representing Lopez Sanchez, declined comment on the court filing naming Woychowski.\u003c/p>\n\u003cp>Woychowski is listed as a \"purchase card holder\" based in El Centro on a Department of the Interior \u003ca href=\"https://www.doi.gov/sites/doi.gov/files/migrated/pam/programs/chargecard/upload/FOIA_LISTING_BLM_11-19-2009.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">document from 2009\u003c/a>. He was given the field office's Ranger of the Year award in 2011 for \"exemplary protection of our public lands and unwavering dedication to visitor safety,\" according to a BLM news posting from the time that has since been taken down.\u003c/p>\n\u003cp>KQED accessed an \u003ca href=\"https://web.archive.org/web/20120114224541/http://www.blm.gov/ca/st/en/info/newsbytes/2011/509xtra_ranger_year_ecfo.html\" target=\"_blank\" rel=\"noopener noreferrer\">archived version\u003c/a> of the article, which was taken down sometime after Steinle was killed.\u003c/p>\n\u003cp>The article indicates that, at the time, Woychowski was a field training officer whose \"dedication to the BLM Law Enforcement Field Training Program has insured (sic) that the BLM will be provided with newly skilled and knowledgeable Law Enforcement Rangers for years to come.\"\u003c/p>\n\u003cp>\"It is an honor to give him this award,\" then-El Centro field manager Margaret Gordo is quoted as saying in the article. \"John is a phenomenal ranger.\"\u003c/p>\n\u003cp>An older archived version of the article includes a photograph of Woychowski holding his award plaque with two unidentified employees.\u003c/p>\n\u003cp>Chief Deputy Public Defender Matt Gonzalez, who represents Lopez Sanchez, wrote an op-ed \u003ca href=\"http://www.sfchronicle.com/opinion/openforum/article/Proposed-Kate-s-Law-would-not-have-saved-Kate-11264771.php\" target=\"_blank\" rel=\"noopener noreferrer\">published in the San Francisco Chronicle\u003c/a> last week that outlines his argument for the ranger's culpability in the case, while not identifying him by name.\u003c/p>\n\u003cp>\"The firearm should never have been on the streets,\" Gonzalez wrote. \"The Bureau of Land Management official who left his loaded weapon unsecured in a car that was burglarized has never accounted for his negligence in starting the chain of events that resulted in Steinle’s death.\"\u003c/p>\n\u003cp>The Steinle killing is one of several that inspired \u003ca href=\"http://www.mercurynews.com/2016/09/26/kate-steinle-killing-bill-to-curb-police-gun-thefts-signed-by-governor-brown/\" target=\"_blank\" rel=\"noopener noreferrer\">state legislation last year\u003c/a> requiring law enforcement officers to lock up firearms when they store them in parked vehicles. The law makes failure to do so an infraction carrying a $1,000 fine.\u003c/p>\n\u003cp>A \u003ca href=\"http://extras.mercurynews.com/policeguns/\" target=\"_blank\" rel=\"noopener noreferrer\">Bay Area News Group investigation\u003c/a> published last year found that the problem of lost or stolen law enforcement firearms is widespread, with California officers losing possession of at least 944 weapons since 2010.\u003c/p>\n\u003cp>In his filing seeking Woychowski's testimony, which requests the information be sealed by the court, Gonzalez wrote:\u003c/p>\n\u003cp>\"The witness listed above is the owner of the firearm at issue in this case and his testimony is material and necessary to the defense,\" according to the filing. \"This witness is critical to Mr. Lopez Sanchez's defense and he must testify in order for Mr. Lopez Sanchez to have a fair trial.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3890956-Certificate-of-Judge-Requesting-Out-of-County\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n","blocks":[],"excerpt":"Attorney for man accused of 2015 slaying wants Bureau of Land Management ranger to testify in murder trial. ","status":"publish","parent":0,"modified":1618878650,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":952},"headData":{"title":"Court Filing IDs Fed Whose Stolen Gun Was Used in Kathryn Steinle Killing | KQED","description":"Attorney for man accused of 2015 slaying wants Bureau of Land Management ranger to testify in murder trial. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11553712 https://ww2.kqed.org/news/?p=11553712","disqusUrl":"https://ww2.kqed.org/news/2017/07/07/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing/","disqusTitle":"Court Filing IDs Fed Whose Stolen Gun Was Used in Kathryn Steinle Killing","templateType":"standard","featuredImageType":"standard","path":"/news/11553712/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A public defender representing the man charged with fatally shooting Kathryn Steinle wants the federal law enforcement officer whose gun was used in the killing to testify in the case, according to a document filed last week in San Francisco County Superior Court.\u003c/p>\n\u003cp>The June 29 filing seeks the appearance of Bureau of Land Management Ranger John Woychowski in court and marks the first time he has been publicly identified as the officer who allegedly left his duty weapon unsecured in a car while stopping in San Francisco.\u003c/p>\n\u003cp>His vehicle was burglarized and the gun was stolen four days before Juan Francisco Lopez Sanchez, a Mexican national with a long record of entering the United States illegally, allegedly fired the weapon while handling it near a public pier close to the Ferry Building in San Francisco.\u003c/p>\n\u003cp>The bullet appears to have ricocheted before striking Steinle in the back, according to testimony at a preliminary hearing in the case. Lopez Sanchez is scheduled to stand trial for murder next week, though the case will likely be delayed.\u003c/p>\n\u003cp>The July 1, 2015, incident on Pier 14 immediately became the focus of the national debate over tougher immigration laws.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco Police Department received criticism for its initial investigation of the gun theft, which did not involve crime scene investigators, according to a \u003ca href=\"http://www.sfgate.com/crime/article/S-F-police-didn-t-investigate-gun-theft-before-6376393.php\" target=\"_blank\" rel=\"noopener noreferrer\">report in the San Francisco Chronicle\u003c/a>. Woychowski immediately called police after he discovered his .40-caliber handgun, reportedly left in a bag in his vehicle, was missing.\u003c/p>\n\u003cp>Without identifying Woychowski by name, a Bureau of Land Management spokeswoman said after Steinle's killing that the ranger was traveling through San Francisco on official government business when his gun was stolen.\u003c/p>\n\u003cp>It's currently unknown how the weapon came into Lopez Sanchez's possession, but that hasn't restrained the rhetoric from Republicans in Congress, who have championed a bill they're calling \"Kate's Law.\" The legislation, which strengthens penalties for those arrested with prior convictions for entering the country illegally, passed the House of Representatives on June 29.\u003c/p>\n\u003cp>House Speaker Paul Ryan wrote in a June 29 web post titled \"\u003ca href=\"http://www.speaker.gov/general/law-kate\" target=\"_blank\" rel=\"noopener noreferrer\">This Law is for Kate\u003c/a>\" that Lopez Sanchez \"stole a gun out of a federal officer’s car, fired shots in public, and shot Kate Steinle in the back.\"\u003c/p>\n\u003cp>In fact, there's no evidence that Lopez Sanchez committed the initial burglary. He told reporters in a jailhouse interview after Steinle's death that he found the gun wrapped in a T-shirt under a bench, though it's not clear Lopez Sanchez understood the questions or the answers he was giving.\u003c/p>\n\u003cp>Attempts to reach Woychowski on Friday by phone and emails were unsuccessful. The supervisor at the BLM's El Centro (Imperial County) field office, where it appears Woychowski is based, did not return a phone call seeking verification of Woychowski's current employment with the office. A state-level BLM spokeswoman did not return calls and emails.\u003c/p>\n\u003cp>The San Francisco Public Defender's Office, which is representing Lopez Sanchez, declined comment on the court filing naming Woychowski.\u003c/p>\n\u003cp>Woychowski is listed as a \"purchase card holder\" based in El Centro on a Department of the Interior \u003ca href=\"https://www.doi.gov/sites/doi.gov/files/migrated/pam/programs/chargecard/upload/FOIA_LISTING_BLM_11-19-2009.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">document from 2009\u003c/a>. He was given the field office's Ranger of the Year award in 2011 for \"exemplary protection of our public lands and unwavering dedication to visitor safety,\" according to a BLM news posting from the time that has since been taken down.\u003c/p>\n\u003cp>KQED accessed an \u003ca href=\"https://web.archive.org/web/20120114224541/http://www.blm.gov/ca/st/en/info/newsbytes/2011/509xtra_ranger_year_ecfo.html\" target=\"_blank\" rel=\"noopener noreferrer\">archived version\u003c/a> of the article, which was taken down sometime after Steinle was killed.\u003c/p>\n\u003cp>The article indicates that, at the time, Woychowski was a field training officer whose \"dedication to the BLM Law Enforcement Field Training Program has insured (sic) that the BLM will be provided with newly skilled and knowledgeable Law Enforcement Rangers for years to come.\"\u003c/p>\n\u003cp>\"It is an honor to give him this award,\" then-El Centro field manager Margaret Gordo is quoted as saying in the article. \"John is a phenomenal ranger.\"\u003c/p>\n\u003cp>An older archived version of the article includes a photograph of Woychowski holding his award plaque with two unidentified employees.\u003c/p>\n\u003cp>Chief Deputy Public Defender Matt Gonzalez, who represents Lopez Sanchez, wrote an op-ed \u003ca href=\"http://www.sfchronicle.com/opinion/openforum/article/Proposed-Kate-s-Law-would-not-have-saved-Kate-11264771.php\" target=\"_blank\" rel=\"noopener noreferrer\">published in the San Francisco Chronicle\u003c/a> last week that outlines his argument for the ranger's culpability in the case, while not identifying him by name.\u003c/p>\n\u003cp>\"The firearm should never have been on the streets,\" Gonzalez wrote. \"The Bureau of Land Management official who left his loaded weapon unsecured in a car that was burglarized has never accounted for his negligence in starting the chain of events that resulted in Steinle’s death.\"\u003c/p>\n\u003cp>The Steinle killing is one of several that inspired \u003ca href=\"http://www.mercurynews.com/2016/09/26/kate-steinle-killing-bill-to-curb-police-gun-thefts-signed-by-governor-brown/\" target=\"_blank\" rel=\"noopener noreferrer\">state legislation last year\u003c/a> requiring law enforcement officers to lock up firearms when they store them in parked vehicles. The law makes failure to do so an infraction carrying a $1,000 fine.\u003c/p>\n\u003cp>A \u003ca href=\"http://extras.mercurynews.com/policeguns/\" target=\"_blank\" rel=\"noopener noreferrer\">Bay Area News Group investigation\u003c/a> published last year found that the problem of lost or stolen law enforcement firearms is widespread, with California officers losing possession of at least 944 weapons since 2010.\u003c/p>\n\u003cp>In his filing seeking Woychowski's testimony, which requests the information be sealed by the court, Gonzalez wrote:\u003c/p>\n\u003cp>\"The witness listed above is the owner of the firearm at issue in this case and his testimony is material and necessary to the defense,\" according to the filing. \"This witness is critical to Mr. Lopez Sanchez's defense and he must testify in order for Mr. Lopez Sanchez to have a fair trial.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/3890956-Certificate-of-Judge-Requesting-Out-of-County","notes":"true","text":"true","search":"true","sidebar":"true","pdf":"true","responsive":"true","page":"1","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11553712/court-filing-ids-fed-whose-stolen-gun-was-used-in-kate-steinle-killing","authors":["3206"],"programs":["news_6944","news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_18310","news_18308"],"featImg":"news_11553719","label":"news_72"},"news_10668509":{"type":"posts","id":"news_10668509","meta":{"index":"posts_1591205157","site":"news","id":"10668509","score":null,"sort":[1441397242000]},"guestAuthors":[],"slug":"accused-pier-14-shooter-to-face-murder-charges-at-trial","title":"Accused Pier 14 Shooter to Face Murder Charges at Trial","publishDate":1441397242,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Was Kathryn Steinle's accused killer Juan Francisco Lopez-Sanchez \"playing his own game of Russian Roulette\" as he sat spinning in a metallic chair on San Francisco's Pier 14, or was the July 1 shooting of the 31-year-old woman a \"freak accident\" at the hands of a destitute homeless man investigating an unknown object he found wrapped in cloth on the pier?\u003c/p>\n\u003cp>San Francisco Superior Court Judge Brendan Conroy ruled Friday that there is sufficient evidence to let a jury decide whether Lopez-Sanchez is guilty of second-degree murder. The shooting has sparked a national \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\" target=\"_blank\">debate on immigration enforcement\u003c/a>, but those politics are not in play at Lopez-Sanchez's criminal proceedings, which have focused on whether he intended to shoot someone or instead fired accidentally.\u003c/p>\n\u003cp>Prosecutor Diana Garcia reiterated to the court Friday morning that Lopez-Sanchez \"knew he had a gun. He described it to police as a semi-automatic. He said he intentionally fired it once.\"\u003c/p>\n\u003cp>She referenced a photo taken at 6:24 p.m. July 1 appearing to show Lopez-Sanchez facing where Steinle would be fatally wounded approximately six minutes later.\u003c/p>\n\u003cp>\"He's already pegged his target,\" Garcia said. \"He has a 360-degree choice of where to fire the gun.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"This was no accident,\" she added. \"There were people all around him. ... Intentionally firing that gun anywhere in that area was an act that was dangerous to human life.\"\u003c/p>\n\u003cp>Lopez-Sanchez's lead defense counsel, San Francisco public defender's Chief Attorney Matt Gonzalez, has argued since he first learned of the case that the shooting seemed accidental, which would make an involuntary manslaughter charge more appropriate.\u003c/p>\n\u003cp>He said evidence brought out during Lopez-Sanchez's weeklong preliminary hearing only bolstered that theory. He cited testimony from ballistics experts that the single shot ricocheted off the concrete pier about 12 feet in front of Lopez, then traveled another 78 feet before hitting Steinle.\u003c/p>\n\u003cp>Gonzalez said that the prosecution is relying on one of two theories that could breach the threshold of proof for a second-degree murder conviction: Either Lopez-Sanchez intentionally targeted Steinle and wanted to kill her, or he was so reckless that he should have known his behavior was likely to kill someone.\u003c/p>\n\u003cp>\"It's far more likely to be a complete accident,\" Gonzalez said, presenting a theory that Lopez-Sanchez discovered an unknown heavy object wrapped in a T-shirt while he was sitting on the pier, and the .40-caliber \u003ca href=\"http://www.sigsauer.com/CatalogProductDetails/p239.aspx\" target=\"_blank\">SIG Sauer P239\u003c/a> handgun went off as he was unwrapping it. Gonzalez described the gun as having no safety.\u003c/p>\n\u003cp>A firearms expert, speaking not for attribution, said the handgun doesn't have a traditional safety, with an on and off position. But if the gun is not cocked, it would take 10 to 20 pounds of pressure to fire it, versus 4 to 5 pounds of pressure if it's in the cocked position.\u003c/p>\n\u003cp>Gonzalez said it makes sense that Lopez-Sanchez would pick up and unwrap a bundle others wouldn't touch.\u003c/p>\n\u003cp>\"He has nothing,\" Gonzalez said. \"He's got cracker crumbs in his pocket and some cigarette butts. He's going to look at things that are discarded that you and I are going to walk right by. ... He's actually the one person on that pier that would have looked at an item discarded on the ground or covered up or wrapped up in something.\"\u003c/p>\n\u003cp>Earlier this week, Steinle's family \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\" target=\"_blank\">filed three civil claims\u003c/a> over their daughter's death. They're pursuing legal action against Immigration and Customs Enforcement and the San Francisco Sheriff's Department for failing to deport Lopez-Sanchez prior to his release from San Francisco County Jail in April.\u003c/p>\n\u003cp>They are also suing the federal Bureau of Land Management, alleging a ranger failed to properly secure the handgun when it was stolen from his car parked in San Francisco four days before Steinle was shot.\u003c/p>\n\u003cp>His defense team said there is no evidence Lopez-Sanchez stole the gun or ever had possession of it before the evening of July 1.\u003c/p>\n\u003cp>\"He's never committed a theft; that's not who he is,\" Gonzalez said. \"He has nothing. If he found this gun, if somebody gave him this gun, well, what would he do with it? He would probably try to trade it for something or sell it, or who knows what? But there's no evidence that there was ever an effort to commit a crime with it. There's no evidence that he ever showed it to anybody, that he tried to offer it for sale.\"\u003c/p>\n\u003cp>Prosecutor Garcia didn't dwell on how Lopez-Sanchez may have gained possession of the gun.\u003c/p>\n\u003cp>\"He had in his hands an instrument of death, and he chose to use it,\" she told the judge. \"He took the life of a young, vibrant, cherished woman.\"\u003c/p>\n\u003cp>Gonzalez said a second-degree murder conviction would likely result in a sentence of 43 years to life for Lopez-Sanchez. That's 15 years to life, plus a 25-year gun enhancement, and three years for Lopez-Sanchez's prior nonviolent convictions.\u003c/p>\n\u003cp>An involuntary manslaughter conviction, which a jury will still be allowed to consider, would carry a base sentence of four, five or six years, depending on aggravating and mitigating circumstances. Then add 10 years for a gun enhancement, plus three prison priors, and an involuntary manslaughter conviction could carry a term of 15, 17 or 19 years, Gonzalez said.\u003c/p>\n\u003cp>\"We're very confident that there's sufficient evidence to prove the crime, and we look forward to trial and providing justice ultimately for Kate and her family,\" district attorney spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is scheduled to be back in court Sept. 18 for a procedural hearing. His jury trial has not yet been scheduled.\u003c/p>\n\n","blocks":[],"excerpt":"Defense says shooting was accidental, and jury will be also allowed to consider a manslaughter charge.","status":"publish","parent":0,"modified":1441402092,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":981},"headData":{"title":"Accused Pier 14 Shooter to Face Murder Charges at Trial | KQED","description":"Defense says shooting was accidental, and jury will be also allowed to consider a manslaughter charge.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10668509 http://ww2.kqed.org/news/?p=10668509","disqusUrl":"https://ww2.kqed.org/news/2015/09/04/accused-pier-14-shooter-to-face-murder-charges-at-trial/","disqusTitle":"Accused Pier 14 Shooter to Face Murder Charges at Trial","path":"/news/10668509/accused-pier-14-shooter-to-face-murder-charges-at-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Was Kathryn Steinle's accused killer Juan Francisco Lopez-Sanchez \"playing his own game of Russian Roulette\" as he sat spinning in a metallic chair on San Francisco's Pier 14, or was the July 1 shooting of the 31-year-old woman a \"freak accident\" at the hands of a destitute homeless man investigating an unknown object he found wrapped in cloth on the pier?\u003c/p>\n\u003cp>San Francisco Superior Court Judge Brendan Conroy ruled Friday that there is sufficient evidence to let a jury decide whether Lopez-Sanchez is guilty of second-degree murder. The shooting has sparked a national \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\" target=\"_blank\">debate on immigration enforcement\u003c/a>, but those politics are not in play at Lopez-Sanchez's criminal proceedings, which have focused on whether he intended to shoot someone or instead fired accidentally.\u003c/p>\n\u003cp>Prosecutor Diana Garcia reiterated to the court Friday morning that Lopez-Sanchez \"knew he had a gun. He described it to police as a semi-automatic. He said he intentionally fired it once.\"\u003c/p>\n\u003cp>She referenced a photo taken at 6:24 p.m. July 1 appearing to show Lopez-Sanchez facing where Steinle would be fatally wounded approximately six minutes later.\u003c/p>\n\u003cp>\"He's already pegged his target,\" Garcia said. \"He has a 360-degree choice of where to fire the gun.\"\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>\"This was no accident,\" she added. \"There were people all around him. ... Intentionally firing that gun anywhere in that area was an act that was dangerous to human life.\"\u003c/p>\n\u003cp>Lopez-Sanchez's lead defense counsel, San Francisco public defender's Chief Attorney Matt Gonzalez, has argued since he first learned of the case that the shooting seemed accidental, which would make an involuntary manslaughter charge more appropriate.\u003c/p>\n\u003cp>He said evidence brought out during Lopez-Sanchez's weeklong preliminary hearing only bolstered that theory. He cited testimony from ballistics experts that the single shot ricocheted off the concrete pier about 12 feet in front of Lopez, then traveled another 78 feet before hitting Steinle.\u003c/p>\n\u003cp>Gonzalez said that the prosecution is relying on one of two theories that could breach the threshold of proof for a second-degree murder conviction: Either Lopez-Sanchez intentionally targeted Steinle and wanted to kill her, or he was so reckless that he should have known his behavior was likely to kill someone.\u003c/p>\n\u003cp>\"It's far more likely to be a complete accident,\" Gonzalez said, presenting a theory that Lopez-Sanchez discovered an unknown heavy object wrapped in a T-shirt while he was sitting on the pier, and the .40-caliber \u003ca href=\"http://www.sigsauer.com/CatalogProductDetails/p239.aspx\" target=\"_blank\">SIG Sauer P239\u003c/a> handgun went off as he was unwrapping it. Gonzalez described the gun as having no safety.\u003c/p>\n\u003cp>A firearms expert, speaking not for attribution, said the handgun doesn't have a traditional safety, with an on and off position. But if the gun is not cocked, it would take 10 to 20 pounds of pressure to fire it, versus 4 to 5 pounds of pressure if it's in the cocked position.\u003c/p>\n\u003cp>Gonzalez said it makes sense that Lopez-Sanchez would pick up and unwrap a bundle others wouldn't touch.\u003c/p>\n\u003cp>\"He has nothing,\" Gonzalez said. \"He's got cracker crumbs in his pocket and some cigarette butts. He's going to look at things that are discarded that you and I are going to walk right by. ... He's actually the one person on that pier that would have looked at an item discarded on the ground or covered up or wrapped up in something.\"\u003c/p>\n\u003cp>Earlier this week, Steinle's family \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\" target=\"_blank\">filed three civil claims\u003c/a> over their daughter's death. They're pursuing legal action against Immigration and Customs Enforcement and the San Francisco Sheriff's Department for failing to deport Lopez-Sanchez prior to his release from San Francisco County Jail in April.\u003c/p>\n\u003cp>They are also suing the federal Bureau of Land Management, alleging a ranger failed to properly secure the handgun when it was stolen from his car parked in San Francisco four days before Steinle was shot.\u003c/p>\n\u003cp>His defense team said there is no evidence Lopez-Sanchez stole the gun or ever had possession of it before the evening of July 1.\u003c/p>\n\u003cp>\"He's never committed a theft; that's not who he is,\" Gonzalez said. \"He has nothing. If he found this gun, if somebody gave him this gun, well, what would he do with it? He would probably try to trade it for something or sell it, or who knows what? But there's no evidence that there was ever an effort to commit a crime with it. There's no evidence that he ever showed it to anybody, that he tried to offer it for sale.\"\u003c/p>\n\u003cp>Prosecutor Garcia didn't dwell on how Lopez-Sanchez may have gained possession of the gun.\u003c/p>\n\u003cp>\"He had in his hands an instrument of death, and he chose to use it,\" she told the judge. \"He took the life of a young, vibrant, cherished woman.\"\u003c/p>\n\u003cp>Gonzalez said a second-degree murder conviction would likely result in a sentence of 43 years to life for Lopez-Sanchez. That's 15 years to life, plus a 25-year gun enhancement, and three years for Lopez-Sanchez's prior nonviolent convictions.\u003c/p>\n\u003cp>An involuntary manslaughter conviction, which a jury will still be allowed to consider, would carry a base sentence of four, five or six years, depending on aggravating and mitigating circumstances. Then add 10 years for a gun enhancement, plus three prison priors, and an involuntary manslaughter conviction could carry a term of 15, 17 or 19 years, Gonzalez said.\u003c/p>\n\u003cp>\"We're very confident that there's sufficient evidence to prove the crime, and we look forward to trial and providing justice ultimately for Kate and her family,\" district attorney spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is scheduled to be back in court Sept. 18 for a procedural hearing. His jury trial has not yet been scheduled.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10668509/accused-pier-14-shooter-to-face-murder-charges-at-trial","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18310","news_18308","news_2609","news_3574"],"featImg":"news_10668511","label":"news_6944"},"news_10599255":{"type":"posts","id":"news_10599255","meta":{"index":"posts_1591205157","site":"news","id":"10599255","score":null,"sort":[1436806226000]},"guestAuthors":[],"slug":"ice-report-offers-details-on-immigrant-releases-re-arrests","title":"ICE Report Offers Details on Immigrant Releases, Re-arrests","publishDate":1436806226,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>LOS ANGELES — More than 1,800 immigrants that the federal government wanted to deport were nevertheless released from local jails and later re-arrested for various crimes, according to a government report released Monday.\u003c/p>\n\u003cp>The Immigration and Customs Enforcement report -- obtained by an organization that actively opposes illegal immigration -- said the re-arrested immigrants were among 8,145 people who were freed between January and August 2014, despite requests from federal agents that they be held for deportation.\u003c/p>\n\u003cp>The report provided by the Washington-based Center for Immigration Studies says about 23 percent were eventually taken into custody again on a variety of charges.\u003c/p>\n\u003cp>Many jurisdictions have stopped honoring so-called immigration detainers, saying they can't hold arrestees without probable cause.\u003c/p>\n\u003cp>In a case drawing national attention to the issue, authorities say a woman was shot to death in San Francisco July 1 by a suspect who was released from jail despite an immigration detainer.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the report, the top crimes for which immigrants were re-arrested were drug violations and drunken driving.\u003c/p>\n\u003cp>The report also cited six examples involving more serious offenses, including a San Mateo County case where an individual was arrested for investigation of five felony sex crimes involving a child under 14 after a detainer had been declined.\u003c/p>\n\u003cp>\"This is a genuine safety problem, and also a crisis for immigration enforcement,\" said Jessica Vaughan, the center's director of policy studies. She added that the victims of what may appear to others to be less serious crimes still want to see the perpetrators held accountable.\u003c/p>\n\u003cp>More than 250 jurisdictions across the country have stopped fully honoring so-called immigration detainers, saying they can't hold arrestees beyond their scheduled release dates without probable cause. California and Connecticut have passed state laws to limit the use of immigration detainers and jails in states from Oregon to Iowa also refuse to honor the requests.\u003c/p>\n\u003cp>The controversy surrounding immigration detainers has re-entered the national spotlight since the shooting death of 32-year-old Kate Steinle on Pier 14 on San Francisco's waterfront. Suspect Juan Francisco Lopez-Sanchez was released from jail in April, even though immigration officials had lodged a detainer to try to deport him from the country for a sixth time.\u003c/p>\n\u003cp>In the last two weeks, a number of politicians and lawmakers have questioned the limits on the use of detainers. San Francisco Sheriff Ross Mirkarimi has argued he was upholding local law, and that detainers are not a legal way to keep someone in custody and have been proven to erode police relations with immigrant communities.\u003c/p>\n\u003cp>Immigrant advocates said federal immigration agents already have information about who is in local jails, and they can make the arrests on their own.\u003c/p>\n\u003cp>\"It is not correct to point to the detainers as the reason why people are getting re-arrested,\" said Jennie Pasquarella, a staff attorney at the American Civil Liberties Union of Southern California. \"ICE has had, and continues to have and develop its tools to be able to prioritize people who it believes are priority for removal, and to pick up those people.\"\u003c/p>\n\u003cp>Following the pushback on detainers, ICE has said it will focus on more serious criminals and ask law enforcement agencies to notify them when they're releasing immigrants from custody, if not actually hold them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>ICE officials did not immediately comment on the report.\u003c/p>\n\n","blocks":[],"excerpt":"Study says about 1,800 of roughly 8,000 undocumented detainees released last year wound up in jail again.","status":"publish","parent":0,"modified":1436822741,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":567},"headData":{"title":"ICE Report Offers Details on Immigrant Releases, Re-arrests | KQED","description":"Study says about 1,800 of roughly 8,000 undocumented detainees released last year wound up in jail again.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10599255 http://ww2.kqed.org/news/?p=10599255","disqusUrl":"https://ww2.kqed.org/news/2015/07/13/ice-report-offers-details-on-immigrant-releases-re-arrests/","disqusTitle":"ICE Report Offers Details on Immigrant Releases, Re-arrests","nprByline":"\u003cstrong>Amy Taxin\u003cbr />Associated Press\u003c/strong>","path":"/news/10599255/ice-report-offers-details-on-immigrant-releases-re-arrests","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>LOS ANGELES — More than 1,800 immigrants that the federal government wanted to deport were nevertheless released from local jails and later re-arrested for various crimes, according to a government report released Monday.\u003c/p>\n\u003cp>The Immigration and Customs Enforcement report -- obtained by an organization that actively opposes illegal immigration -- said the re-arrested immigrants were among 8,145 people who were freed between January and August 2014, despite requests from federal agents that they be held for deportation.\u003c/p>\n\u003cp>The report provided by the Washington-based Center for Immigration Studies says about 23 percent were eventually taken into custody again on a variety of charges.\u003c/p>\n\u003cp>Many jurisdictions have stopped honoring so-called immigration detainers, saying they can't hold arrestees without probable cause.\u003c/p>\n\u003cp>In a case drawing national attention to the issue, authorities say a woman was shot to death in San Francisco July 1 by a suspect who was released from jail despite an immigration detainer.\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>In the report, the top crimes for which immigrants were re-arrested were drug violations and drunken driving.\u003c/p>\n\u003cp>The report also cited six examples involving more serious offenses, including a San Mateo County case where an individual was arrested for investigation of five felony sex crimes involving a child under 14 after a detainer had been declined.\u003c/p>\n\u003cp>\"This is a genuine safety problem, and also a crisis for immigration enforcement,\" said Jessica Vaughan, the center's director of policy studies. She added that the victims of what may appear to others to be less serious crimes still want to see the perpetrators held accountable.\u003c/p>\n\u003cp>More than 250 jurisdictions across the country have stopped fully honoring so-called immigration detainers, saying they can't hold arrestees beyond their scheduled release dates without probable cause. California and Connecticut have passed state laws to limit the use of immigration detainers and jails in states from Oregon to Iowa also refuse to honor the requests.\u003c/p>\n\u003cp>The controversy surrounding immigration detainers has re-entered the national spotlight since the shooting death of 32-year-old Kate Steinle on Pier 14 on San Francisco's waterfront. Suspect Juan Francisco Lopez-Sanchez was released from jail in April, even though immigration officials had lodged a detainer to try to deport him from the country for a sixth time.\u003c/p>\n\u003cp>In the last two weeks, a number of politicians and lawmakers have questioned the limits on the use of detainers. San Francisco Sheriff Ross Mirkarimi has argued he was upholding local law, and that detainers are not a legal way to keep someone in custody and have been proven to erode police relations with immigrant communities.\u003c/p>\n\u003cp>Immigrant advocates said federal immigration agents already have information about who is in local jails, and they can make the arrests on their own.\u003c/p>\n\u003cp>\"It is not correct to point to the detainers as the reason why people are getting re-arrested,\" said Jennie Pasquarella, a staff attorney at the American Civil Liberties Union of Southern California. \"ICE has had, and continues to have and develop its tools to be able to prioritize people who it believes are priority for removal, and to pick up those people.\"\u003c/p>\n\u003cp>Following the pushback on detainers, ICE has said it will focus on more serious criminals and ask law enforcement agencies to notify them when they're releasing immigrants from custody, if not actually hold them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>ICE officials did not immediately comment on the report.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10599255/ice-report-offers-details-on-immigrant-releases-re-arrests","authors":["byline_news_10599255"],"programs":["news_6944"],"categories":["news_1169","news_6188"],"tags":["news_18310","news_18325"],"featImg":"news_10368574","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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