Tuesday, December 10, 2013

18 LA sheriff's deputies face federal charges

18 LA sheriff's deputies face federal charges

By TAMI ABDOLLAH and GREG RISLING Associated Press
UPDATED:   12/09/2013 07:38:27 PM PST



Click photo to enlarge
Los Angeles County Sheriff Lee Baca takes questions from the media after the... ((AP Photo/Nick Ut))
LOS ANGELES—Federal officials said 18 current and former Los Angeles County sheriff's deputies saw themselves as being "above the law" when they engaged in crimes that included beating inmates and jail visitors, falsifying reports, and trying to obstruct an FBI probe of the nation's largest jail system.
The investigation into corruption and civil rights abuses led to the arrests Monday of 16 of the 18 defendants. At least two no longer work for the department.
"These incidents did not take place in a vacuum. In fact, they demonstrated behavior that had become institutionalized," said U.S. Attorney Andre Birotte Jr. "The pattern of activity alleged in the obstruction of justice case shows how some members of the Sheriff's Department considered themselves to be above the law."
The 16 who were arrested appeared in court later Monday. Thirteen pleaded not guilty, and three did not enter pleas.
Flanked by some of his top command staff, Sheriff Lee Baca told reporters Monday he was troubled by the charges and called it a sad day for his department. He said the department would continue to cooperate with the FBI and that deputies who have been charged would be relieved of duty and have their pay suspended.
The Sheriff's Department oversees a jail system with more than 18,700 inmates and has a history of abuse allegations dating back to the 1970s.
Among allegations in a criminal complaint and four grand jury indictments unsealed Monday:
— Deputies unlawfully detained and used force on visitors to Men's Central Jail, included detaining and handcuffing the Austrian consul general in one instance, and in another, grabbing a man by the neck, forcing his head into a refrigerator, throwing him to the floor and pepper spraying his eyes.
— Deputies falsified reports to make arrests seem lawful or in one case, struck, kicked and pepper sprayed an inmate and made false reports to have the inmate charged with and prosecuted for assaulting deputies.
— Deputies tried to thwart the investigation by unsuccessfully seeking a court order to get the FBI to provide documents and attempted to intimidate a lead FBI agent by falsely saying they were going to seek a warrant for her arrest.
Those charged with conspiracy and obstruction of justice include two lieutenants, one of whom oversaw the department's safe jails program and another who investigated allegations of crimes committed by sheriff's personnel.
They're accused along with two sergeants and three deputies with trying to prevent the FBI from contacting an informant by falsifying records to appear that he had been released when he had been moved to different cells under false names.
Birotte wouldn't say whether the lieutenant and two sergeants involved in the obstruction of justice probe were directed by their superiors. He declined to say if the alleged abuse was fostered by the department's top brass.
Others charged in the documents unsealed Monday are a deputy accused of possessing an assault weapon that was illegally modified, and three deputies—all brothers—accused of a $350,000 mortgage fraud scheme.
Baca, who has been sheriff since 1998, is facing his toughest race yet for re-election in 2014. Baca has acknowledged mistakes but also defended his department and distanced himself personally from allegations.
The sheriff said he has made improvements including creating a database to track inmate complaints. He has also hired a new head of custody and rearranged his command staff.
On Monday, Baca said he would accept the outcome of the FBI investigation, but strongly denied criticisms that abuse was rampant.
"You haven't seen me retire from the job," he said. "You haven't seen me blame somebody else besides me for whatever the challenges are."
The American Civil Liberties Union sued the Sheriff's Department in 2012 claiming the sheriff and his top commanders had condoned violence against inmates. The organization released a report documenting more than 70 cases of misconduct by deputies.
The Citizens' Commission on Jail Violence, in its 2012 report, said deputies used force against inmates even "when there was no threat at all," and referred to "a culture of aggression among some deputies in the jails."
A federal jury in October found Baca personally liable for $100,000 for failing to stop inmate abuse by deputies in Men's Central Jail in a case brought by a man who said he was severely beaten while awaiting trial.
In June, a two-year Justice Department investigation found deputies discriminated against blacks and Latinos by making unconstitutional stops, searches, seizures and using excessive force in the Antelope Valley.
Baca disputed the findings but said he had instituted reforms.
———
Associated Press writer Robert Jablon contributed to this report.


Saturday, October 5, 2013

Two Women Suspected of Sneaking Drugs to CMC Inmates

Two Women Suspected of Sneaking Drugs to CMC Inmates

Posted: Oct 03, 2013 9:32 PM PDTUpdated: Oct 03, 2013 9:32 PM PDT
SAN LUIS OBISPO, Calif.- Two women accused of sneaking drugs into the California Men's Colony this past weekend have already been released. 
"What it appears is their intent were to introduce the drugs, give them to the inmate they were visiting, and usually from there the inmate distributes it for a large profit," said Lieutenant Frank Perez, California Men's Colony.
Authorities say Barbara Sabbath, 66, and Nandi Tate, 22, were separately visiting inmates at the prison Saturday when they were caught allegedly bringing in methamphetamine and marijuana. CMC officials won't release the details on how the drugs were smuggled, but according to a report from the Justice Department drugs have been passed to inmates through soda bottles, babies' diapers, clothing and even kisses.
"Prison value of drugs is approximately 10 times of that of street value, so a small amount of drugs in prison goes a long way in prison," said Perez.
Lieutenant Frank Perez says he is not authorized to release which woman brought in which drug, or how much, but he says prior to their visits, two separate search warrants were issued after they were tipped off.
"We cumulate information in a whole bunch of different ways. Whether it be through confidential information, intercepted phone calls that the inmates make on the public telephones, or intercepted mail," he said.
Both women were not able to get very far and were arrested in the visiting area. In all cases anyone visiting CMC, must pass through a metal detector.
"Staff do a basic overview of their clothing to make sure its appropriate. Our staff is trained on smells, sights, anything that seems unusual, people's behaviors, mannerisms," explained Perez.
Both suspects are facing a number of charges including bringing a controlled substance into prison.

9th Circuit says California fails to protect disabled inmates from The Los Angeles Times

By Maura Dolan October 4, 2013, 12:10 p.m. SAN FRANCISCO --

A federal appeals court rebuked California officials Friday for refusing to protect disabled parolees the state has shifted to county jails. A three-judge panel of the U.S. 9thCircuit Court of Appeals said disabled inmates have been engaged in “a seemingly never-ending struggle” with state officials to obtain wheelchairs, sign-language interpreters, accessible beds and toilets, tapping canes for the blind and other accommodations.

Sunday, August 4, 2013

Experiencing The Parallels Between Victimology And Criminology

All too often, society is inclined to allow criminals to receive leniency for their crimes as a result of the environment in which a person may have existed. Even if the criminal was not influenced by their environment to commit the crime, the criminal is liable to adopt the persona of the victim in order to gain sympathy. This is often successful because when more well-off individuals are in the presence of those that are considered to be less fortunate, they may feel guilt. In many cases, this guilt is not necessary. However, if an individual begins to express their opinion that by adopting the role of a victim the criminal is dodging the responsibility of the crime, they will likely be criticized greatly for their thoughts.

Victimology, even if it is sincere, is often a way in which individuals justify a crime to themselves and to others. For example, one of the most commonly held beliefs within the United States of America is that of the great American dream, in which everyone is happy, living in a nice house and the parents have stable occupations making a comfortable living for their families. This does not at all reflect the reality of inner city slums and poor rural areas. By clinging to the belief that no matter what, even without trying in some cases, individuals deserve to experience the American dream, they may be inclined to take what they feel they deserve rather than try to work for it. Some people will rationalize that they have no means to work for this dream, and they had no choice but to act out in the way that they did. However, this blaming of society does not change the reality of the situations. By allowing one person to get away with a crime because of a victim mentality would be a slap in the face to the people that do work to succeed.

Herein lays the most important parallel between victimology and Criminology. While it is simple to blame society for one’s troubles, this does not begin to solve the problem. Individuals from all sides need to think about how the society may impact the role of the criminal and to take steps in order to change things. This way, when an individual tries to adopt a victim mentality, we can state as a society that there were other options. By outlining the different options in such a setting, even more people can be exposed to the ways in which society is working to stabilize equality between different categories of individuals and work to reduce crime as a product of environment or surroundings. Criminology works to examine how society and the criminal interact, and this needs to be looked at under extreme scrutiny in order to find the causes of problems and work towards successful solutions.

There are also instances in which those who are perceived to be in a seat of power will become corrupt. It is important to look at this too. Individuals may attempt to adopt a victim role in this scene as well in order to appeal to the sympathetic public. Aside from sociopaths, individuals have moral standards that will tell them what is wrong and what is right. For anyone to adopt the role of the victim in order to gain sympathy is a ploy against the considerate nature of others. When it comes to crime, the people that should be playing the role of the victim are those who were victimized during the act of the crime. For individuals that live, they are many times much stronger than people may have believed them to be, and it is nauseating that the criminal will then try to adopt a role that the person they violated will not even take on in the court room.

Using Mind Control To Create An Addiction

With all the paranoia of mind control and how Neuro Linguistic Probramming (NLP) can be (and is) used to “mess with peoples heads” it’s high time to pull the cat out of the bag and let people know exactly what is possible.

For example, can you create an addiction in someone using Neuro Linguistic Programming (NLP)?

Yes, you can.

Before you learn the steps to do it and how to protect yourself, let me give you two warnings.

First, don’t do this to people unless you are giving them a compulsion for something they want that will be good for them like exercize and healthy foods. Anything else and it may seem fun to think about but leave it at that. Only think about it, don’t do it. It’s just not a nice thing to do to people.

Second, To do this you have to be very good at NLP, report building and anchoring etc.

Start by eliciting what is called the NLP submodalities of a compulsion a person has. You can do this by asking what are some things they have compulsions for, like chocolate, and then asking “As you feel that complusion what sort of images is your mind making? Where do you see those pictures? How big are the images? Color or Black and White? ” and so on.

Then begin to describe what you want them to have a compulsion/addiction for in exactly the same way. Describe the new compulsion as being seen in the same place, etc.

I’m not going to give you any more detail than that. It’s more than enough to experiment with.

Using this pattern a person can create a compulsion for drugs, sex, money, perfection, driving fast, you name it, but you can also create compulsions for exercize, punctuality, orderlyness and many so-called “good” things.

There are ways to prevent someone from covertly creating a compulsion in you. First be aware of the mental and emotional states that people are asking you to describe and be on guard when they start to talk about compulsions.

If you suspect someone has helped covertly create an unwanted compulsion in you (good luck) the compulsion can be undone with what is called the meta yes/meta no process.

In Meta Yes/Meta No you’ll start by thinking of something unrelated to the compulsion that you would say “No” to. Think of that item and bring up the very strong feeling and repeatedly say “No” in a very firm and congruent manner. Practice it until the “No!” and the feeling are deeply linked to one another. The next step is to begin saying “No!” repeatedly to the compulsion and do it with the same energy and conviction as when you started the process.


Ligitation Funding A Financial Lifeline

Pursuing a lawsuit can put a strain on your finances. But litigation funding can provide a feasible financial lifeline to support your case and living expenses.

If your personal funds are running out, and your case still hasn’t made it to court, consider litigation funding. It bridges the gap from your accident date to the settlement date. Litigation funding can provide you with cash advances for the duration of your case.

Lawsuit financing is not a loan. The funding company buys a piece of the future settlement proceeds of your lawsuit, contingent upon the future outcome of the case. Essentially, you receive cash today in exchange for a specific amount of any settlement or judgment received from the litigation. Most often, lawsuit funding is used to cover medical and immediate living expenses.

Litigation funding is available for all types of cases, including personal injury, medical malpractice, employment discrimination and wrongful death cases.

Understanding Lawsuit Financing

Technically, llitigation funding is a practice in which individuals who are plaintiffs in lawsuits receive money from a lawsuit loan company who takes a lien on the proceeds of the suit in return for cash now. Funding is provided on a non-recourse basis. This means any money you receive is yours to keep even if the results of the case have a negative outcome.

Companies generally will provide litigation funding to individuals who have a strong case. For them, the cash advance is an investment. If you win, they receive a portion of the monetary award granted to you by the court. If you lose, they get nothing.

In essence, litigation funding poses no risk on your part. You never have to repay the funding company if your case is unsuccessful in court. But if your case wins, you’ll probably end up with significantly more money than you would have if you settled early. That’s even after you present the funding company with its portion of the settlement.

The Need for Litigation Funding

Litigation is an expensive process. For most people with personal injury claims, a lawyer is hired on a contingent fee basis, meaning there is no attorney fee unless the case is successful. Then, any attorney fee that’s required is a percentage of the money recovered. The law firm advances money for the cost of litigation until the case is resolved. (For ethical reasons, lawyers cannot lend money to their clients.)

However, for individuals paying legal fees “out of pocket”, the need for litigation funding can be critical. Here’s why: People who have been severely injured in accidents due to the negligence of others can be financially devastated during the process. Many are put out of work for weeks or months, leaving them with no income to provide for their dependents while they recover. Unfortunately, these victims often lack the proper income or credit history to qualify for a traditional loan. Even if they could, conventional loans require monthly payments which can be a further burden to their situation.

Litigation funding is a viable option for cash-poor plaintiffs. It can help them meet their living expenses, pay for medical care and cover other personal costs. This can keep plaintiffs from having to sell their valuables or borrow money from family and friends to keep their lives on track.

Lawsuit financing enables individuals to pursue justice without having to put their life on hold by sacrificing other necessary financial responsibilities. Instead of worrying about finances, they can focus on recovering from their injuries while they await a trial verdict or settlement.

Working with a Funding Firm

There are a growing number of companies offering litigation financing. Pursuing funding from these sources is fairly straightforward. You simply contact the provider for a free consultation. The company will follow up with your attorney, evaluate your case material and let you know


Criminal Defense Attorneys

If you have been accused of a crime, you know how terrifying it is to face the possibility of going to jail. The function of a defense lawyer is to represent anyone accused of committing a crime to the best of their abilities.

A criminal defense attorney has many jobs. Questioning a witness in court is only a small part of his duties. The primary duty of a defense lawyer is to spend crucial time on a case to gather as much information as possible and to question valuable witnesses. In fact, a lawyer does not need to step into a court room to assist you in your case, because of their job is to negotiate with prosecutors, often resulting in reduced charges or lesser sentences for their clients. They also give their clients an objective opinion and tell them what is likely to happen. This is very important for defendants trying to decide whether to accept or reject a plea bargain offer from the prosecutor.

When facing the possibility of having criminal charges brought against you, the prospect of finding the right lawyer may become overwhelming. If the police arrest you, talking to a criminal defense attorney is the most important thing you do, as soon as possible. It is an urgent priority, so that the lawyer can arrange for bail, and get you out of prison. The lawyer will also provide you with information about what will happen in the days ahead.

Not everyone can afford to hire a private attorney to represent him or her in a criminal case. For those who cannot afford to hire a lawyer, a public defender will be assigned to them to handle their case, because has the right to have adequate representation when facing a criminal charge.


Why Attorneys Should Consider Using Video Depositions



A typical scenario: you’re a litigator or trial attorney preparing a case and you have a number of witnesses to depose, so you pick up the phone to call your trusty court reporter to arrange the depositions … but have you considered the advantages of using a videographer at the same time? There are many reasons to a video record a deposition:

1. If a key witness cannot attend a trial, a videotaped deposition can often be the next best thing. The judge and jury are not only able to listen to the witness (deponent), but also see the deponent at the same time. They can pick up on nonverbal communication that would often be critical on the stand: body language, hesitancy, vocal inflections, demeanor, volume, etc. None of these cues are available in a standard transcribed deposition.

2. Expert witnesses are often ideal candidates for video depositions. Because they are used to acting as experts, they generally know the right things to say, project an air of intelligence, are usually predictable, and are excellent at following lines of questioning. A good expert can convey an authority that surpasses the written transcript of a deposition.

3. Expert witnesses can be expensive to call to testify in person. A video recorded deposition is often the best alternative. It’s cheaper, and the power of the witness is preserved because the demeanor and speech of the subject is on full display for the jury.



4. Under the right circumstances, using a video deposition to present background and foundational testimony improves the flow of evidence, eliminates calling witnesses out of order, and improves clarity to the jury.

5. Video depositions are more “interesting” to jury members. Juries are used to watching TV (who isn’t?), therefore they pay great attention to TV. Oddly enough, sometimes seeing it “on TV” is more real than if the deponent were actually in the courtroom.

6. Video depositions can now be easily “synched” to CD or DVD and called up in the courtroom on the attorney’s computer. Because the testimony is digital, any moment of the deposition can be instantly accessed and projected in the courtroom, no need to fast-forward tediously through a VHS tape like in the old days. And if the witness contradicts himself in court, the original deposition can be easily retrieved and used to discredit the new testimony.

7. Sometimes a particularly incriminating video deposition can precipitate a settlement. If the witness is particularly hostile or rude or invokes Fifth Amendment rights over and over, the plaintiff’s attorney can be in an overwhelming position of strength and can negotiate a settlement before trial.



8. Studies show that jury members retain information up to six times longer when seeing witnesses and hearing them speak, rather than merely hearing a transcript read in court. As the expression goes, “Seeing is believing.”



9. The opposing attorney may use video in court, causing you to appear “out of date” and out of touch with current technology. To be competitive, you need to use an arsenal of modern weapons in the courtroom. With today’s technology, a video deposition is merely one of these advanced video weapons.

As you can see, a video deposition can be a powerful tool in the courtroom and offers many advantages to transcribed depositions. Consider booking a videographer at the same time you schedule your deposition. You just may be glad you did.

My opinion: I think video testimonies are a good idea, but there are also some negatives. The positives, the courts would call less people to court and save more money to hopefully spend on the care of inmates, as well as in a video testimonie you do get to see more things that you wouldnt be able to see on the stand. This will increase the probability that the truth is being told and that innocent people will less likely be behind bars for something they didnt do.


Saturday, August 3, 2013

High court won't delay release of Calif. inmates


By PAUL ELIAS Associated Press
POSTED:   08/02/2013 11:44:43 AM PDT | UPDATED:   ABOUT 8 HOURS AGO


Click photo to enlarge
FILE - In this Aug. 3, 2006 file photo, Inmates are housed in... ((AP Photo/Rich Pedroncelli, File))
SAN FRANCISCO—The U.S. Supreme Court on Friday paved the way for the early release of nearly 10,000 California inmates by year's end despite warnings by Gov. Jerry Brown and other state officials that a public safety crisis looms if they're forced to open the prison gates.
A majority of justices refused an emergency request by the governor to halt a lower court's directive for the early release of the prisoners to ease severe overcrowding at California's 33 adult prisons.
The decision was met with concern by law enforcement officials in the state.

With One Prisoner Dead, Will California Listen to the Hunger Strikers?

The death of Billy “Guero” Sell will not be the last, warn advocates for prisoners refusing to eat or work.


A petition protesting against indefinite solitary confinement in California prisons sits in the State Capitol in Sacramento, California July 30, 2013. (Reuters/Max Whittaker)

On July 22, 32-year-old Billy “Guero” Sell was found dead in his cell at Corcoran State Prison, in California, the first apparent casualty of a widespread hunger strike organized by state prisoners. Sell’s fellow prisoners reported to outside advocates that he had been asking for medical attention since July 15 or 16. He died four days later.Officials at the California Department of Corrections and Rehabilitation (CDCR) originally disputed Sell’s involvement in the hunger strike, investigating his death as an apparent suicide. Corcoran staff found Sell unresponsive in his cell during their half-hour welfare checks of SHU prisoners. Sell was taken to the hospital, where he was pronounced dead.

Saturday, July 20, 2013

In-Person Visits Fade as Jails Set Up Video Units for Inmates and Families

WASHINGTON — Shatterproof glass used to separate inmates at the District of Columbia jail from the visitors sitting across from them. Now, they sit in separate buildings, at computers equipped with Web cameras.


The District of Columbia made the switch on July 25 to video visitation, a growing trend in the corrections field. To proponents, the video systems provide a more convenient, safer, thriftier alternative to in-person visits. Some jurisdictions even make money, by charging for the video visits. Critics, including prisoner advocates and corrections officers concerned with how prisoners fare once they are released, fear that the video visits allow less meaningful contact with family and could hurt inmates’ morale.

Friday, July 19, 2013

Information about California Criminal Protective Orders



What is a Protective Order? 

A Protective Order is an order a judge makes to protect a witness or victim of a crime.
Criminal Protective Order or “Stay-Away” Order
Sometimes, when there is a domestic violence incident (or series of incidents), the district attorney will file criminal charges against the abuser. This starts a criminal court case going. It is common for the criminal court to issue a criminal protective order against the defendant (the person who is committing the violence and abuse) while the criminal case is going on, and, if the defendant is found guilty or pleads guilty, for 3 years after the case is over.
To learn more about criminal protective orders, read How does a Criminal Protective Order help me?  And if there is a criminal protective order against you, read A Criminal Protective Order was issued against me.

Print out informational brochure



How to Ask the Judge to Change Your Criminal Protective Order


Ask the Criminal Court to change the Criminal Protective Order made
in a Criminal Court using the Request and Order for Hearing on a Protective Order Modification


The first thing you should do is to read the informational flyer, How to Ask the Judge to Change Your Criminal Protective Order . Then you can ask the Criminal Court to change the Criminal Protective Order by using the proper forms, which can be downloaded from this website. The two forms are:



Santa Clara County
get more info here


SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 
Petition for Modification of Protective Order in Criminal Proceeding 
Information and Instructions


more info for county of orange


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Little recourse for attorney barred from visiting California prisoners during hunger strike


Four California prisoners required medical treatment and a fifth was referred to a physician on the 11th day of a hunger strike to protest the long-term isolation of inmates, health care officials said Thursday.
About 30,000 inmates initially joined the protest, but the number has fallen to fewer than 1,500. That could be the result of a tougher approach being taken by the state since the last hunger strike two years ago.
Officials won’t divulge the location of strike leaders who have been relocated. They have confiscated food from the cells of some inmates who say they are striking and refuse to eat prison meals but still have purchase foods from the canteen. 

Tuesday, July 16, 2013

A Guide to Mental Illness and the Criminal Justice System

I have found this really helpful PDF document that gives examples of two different cases in where the person being charged had a mental illness. It explains the process, what you should do to help your loved one, and the guidelines of how the courts will handle a mental illness case.

Although this document is quite helpful to help one understand, the outcomes do not look good. Those who need help for mental illness and are incarcerated will not likely get the help they need and will most likely end up doing time, making their illness worse without the proper help. I know first hand alot of people dont even realize that they are mentally ill, and are good at hiding syptoms like voices, etc.

This is a sad truth of the justice system and what I hope one day the system realizes that jail only punnishes, it doesnt teach, and not getting those who are ill the help they need will result in their illness becoming worse.

People are not animals. Lets get them the help they need, not throw them away in cages.






A mental disorder or psychiatric disorder is a psychological pattern or anomaly, potentially reflected in behavior, that is generally associated with distress or disability, and which is not considered part of normal development in a person's culture. Mental disorders are generally defined by a combination of how a person feels, acts, thinks or perceives. This may be associated with particular regions or functions of the brain or rest of the nervous system, often in a social context. The recognition and understanding of mental health conditions have changed over time and across cultures and there are still variations in definition, assessment and classification, although standard guideline criteria are widely used. In many cases, there appears to be a continuum between mental health and mental illness, making diagnosis complex

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