Five before Midnight

This site is dedicated to the continuous oversight of the Riverside(CA)Police Department, which was formerly overseen by the state attorney general. This blog will hopefully play that role being free of City Hall's micromanagement.
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Location: RiverCity, Inland Empire

Monday, May 14, 2007

Elections and forums: Here and there

Okay, I'm an unabashed fan of Press Enterprise columnist Dan Bernstein who quickly is becoming especially during this contentious election season in Riverside one of the few remaining reasons to read Belo Enterprise's latest addition to its growing collection of media outlets. His column today which includes his analysis of the election is really good.



(excerpt)



The Maalox moment -- Riverside council elections -- calls to mind the axiom of academic politics: They're so vicious because the stakes are so low.

The Ward 1 race has taken on a European flavor, with the incumbent touting the "Renaissance" while an opponent invokes Mussolini. There have been reports of sign theft and vandalism, and verbal street confrontations between the incumbent and supporters of another candidate.

Incumbent Dom Betro, whose fine ear for the ethnic slur is matched only by his wafer-thin epidermis, may have been taken aback by an e-mail from Siobhan Lopez , who accused the councilman himself of racial stereotyping! He sent a Latino-targeted mailer that "included a phrase in Spanish, which is a foreign language to me ... I am an American, not a Latino."

Lopez wrote the "coup de grace" was the mailer's chili pepper stamp. (The campaign says they used a varied roll of stamps that happened to include a chili pepper.)

The Ward 3 race has been notable for the volume of mud produced in a drought. There is a queasy slickness to the consultant-driven mailbox war between incumbent Art Gage and challenger Rusty Bailey. Gage may be the first candidate in U.S. history to use images of mud and rats in his own brochure. West Pointer Bailey has gone full leather jacket -- photo of a leather-bound tome titled, "The Truth vs. Art Gage." In another Bailey piece, a red-faced Gage looks like a terminally radioactive lobster.




Whoa. It appears that the battle of the leaflets has been going on in every ward up for grabs this year. And he's right about it being the season for Maalox.

What is most useful when the barrage of leaflets, brochures and "newsletters" hits your mail box is to just save them and enjoy them later on as reading material after the election results have been tabulated. If you read them in chronological order, it's like they almost are chapters in a book. And in a sense they are, detailing the election season in that particular ward in all its sordid detail.

The sleaziest mailer ever printed and circulated would have to be one mailed out by the Mark Takano for Congress campaign in the mid-1990s which showed a gorgeously clad woman lying suggestively on a bed and the hand of an unseen man handing her money. This was a stab against incumbent Congressman Ken Calvert who had been stopped in his car by Corona Police Department officers with his zipper down, giving "career advice" to a young woman.

Calvert was reelected to another term and Takano's campaign tactics probably was one reason why.

But the campaign fliers this year seem pretty low-hitting as well.

It's not surprising that Betro would try to woo the Latino vote in his ward. That is when he's not voting on or threatening eminent domain against local business owners, many of whom are Latino. But why is there this assumption that every Latino city resident speaks Spanish? Many do. Many don't. However, the message that he appears to be saying with his words is to vote for him. The message that his actions and those of others in the BASS quartet has been saying is that your business is not welcome in the post-Renaissance downtown.

If you're Asian-American, of course your business may not fit in with that new vision but then it's not like you're any more welcome to have a business in the neighboring Wood Streets area as the Guans who owned Kawa Market for over 15 years discovered recently. And the mostly White residents of this area have already made it clear how they felt about primarily Black pedestrians walking down their streets and came up with a solution, which is to blame the Asian-American owned business in their midst for that.

Never mind that most of the people walking to the little store from Olivewood Street will likely just continue on walking to Magnolia Avenue and down that street to the Ralphs or Vons super markets to do their shopping. Why? Because there aren't any markets where they live and judging by the blue prints for the so-called Riverside Renaissance, there doesn't appear to be any coming in the future. But then this renaissance is like the one that was held many years ago and thousands of miles from here. Apparently it's also engineered for those with European familial backgrounds only.





A Press Enterprise article published today about an officer-involved shooting involving the Riverside County Sheriff's Department has drawn criticism from witnesses who said the shooting did not happen the way the department had presented it.

The shooting allegedly happened near Canyon Lake after an encounter between two deputies and several off-road riders.


(excerpt)


"I'm so appalled at what they're saying," said Nick Perdikis, 23, of Lake Elsinore, who had driven out to the area to ride a personal watercraft. He said he witnessed the confrontation from just a few feet away. "They got the story so twisted and wrong," he said. "I've never seen such recklessness with a gun. It was like, shoot now and worry about it later."

A sheriff's news release said two deputies tried to stop a Rhino -- a four-wheel off-road vehicle -- that was riding in a prohibited area north of Canyon Lake, but the driver fled.


The news release had also said that one deputy had fired his gun at one driver because he was allegedly dragging the other deputy with his off-road vehicle. But according to one witness, at least 30 people had seen what had happened.


(excerpt)


Witnesses said the deputies got a ride to the other side on a sheriff's boat that patrols the lake, then approached Mende's Rhino with guns drawn.

When Mende saw them, Meineke said, "He was so scared he didn't know what to do. He just gassed it."

One of the deputies leapt at the Rhino and grabbed hold for a moment before falling to the ground, witnesses said.

"He jumped at it ... like he was all 'Braveheart,' " Perdikis said.

Kirk Lessley, 46, who was in the water on his personal watercraft, said it's "absolutely ridiculous" that the Sheriff's Department is accusing the driver of assault with a deadly weapon. "He did not get dragged. That was a complete farce," Lessley said. "The guy lost his balance. He fell over."

He also was not in harm's way when a second deputy opened fire, witnesses said, estimating that he fired nine to 11 shots.




It's certainly an interesting contrast to what was presented by the two deputies according to the department's statement but it doesn't really matter what civilian witnesses say in their accounts of critical incidents as most law enforcement agencies tend to hang their hats on their employees' versions of events. If the officers disagree, the agencies will opt for the version that puts the city or county at the lowest level of civil liability in case a law suit is filed. The other option, of course, is to flip a coin.

But it's how police agencies do their investigations involving their own officers that led to the creation of civilian review boards and commissions all over the country




Community activists and leaders sharply criticized the Los Angeles Police Department at the first of several planned public forums about the controversial May Day incident. Over 200 people appeared at the event to share their thoughts and most of them were upset with the LAPD's conduct when it had charged a park where a peaceful assembly was being held, hitting people including media representatives with their batons and shooting them with their less lethal shotguns.


(excerpt)


Luis Carrillo, a lawyer representing several people who said they were injured in the melee, drew a burst of applause when, during the question-and-answer session, he called for a federal investigation of police actions. He also urged Mayor Antonio Villaraigosa to back away from recommending a second five-year term for Police Chief William J. Bratton, at least until the current array of investigations is completed.

As Bratton sat impassively about 10 feet away, Carrillo faulted the department for "a total lack of command and control" during the confrontation. He also disputed the department's finding that 24 civilians were injured at the park by officers wielding batons and firing foam-rubber projectiles, claiming that the actual tally was far higher.

Carrillo also said the department's contention that officers were provoked by agitators who were throwing rocks and bottles at them "was a smokescreen that the LAPD wants us to believe."

Another speaker, Josefina Gonzalez, who said she was among those hurt while participating in the rally, broke down in tears as she recounted being struck by police several times in the face and on her body in front of her three children. Speaking through a translator, Gonzalez called the LAPD's behavior "an act of racism."

"I used to feel very protected by the Police Department. Now I just feel fear," she said.




The LAPD had some supporters who defended its actions.


(excerpt)


One of the few LAPD defenders who commented publicly at the forum, Bob Wooldridge, complained that televised footage of the melee "showed the police being terrible, but they didn't show the people throwing rocks and bottles." But Wooldridge, who acknowledged that he didn't attend the demonstration, was nearly shouted down by others at the forum with calls of "you weren't there."



Chief William Bratton is already toning down his words on the incident in the face of massive criticism and murmurs of a no-confidence vote from his department heads, the Police Protective League. Bratton like all police chiefs knows which side is bread is buttered on and in the end, despite all the furor and all the promises for independent investigations, little will be done. After all, the LAPD has a history of serious problems which are usually unleashed in front of one or more video cameras and then followed by ineffective reform, the latest of which is a five-year federal consent decree going into its seventh year.




In San Bernardino, jury selection continues in the case of a San Bernardino County Sheriff's Department deputy facing voluntary manslaughter and related charges in the shooting of a U.S. airman, Elio Carrion.

The second phase of selecting a jury for the trial of former deputy, Ivory J. Webb, Jr. began as lawyers for both sides questioned about 100 remaining prospective jurors who had been selected after the questionnaire phase done several weeks ago.


(excerpt, San Bernardino Sun)



On Monday, attorneys began questioning the roughly 100 remaining potential jurors. The final 12 will be finalized by the middle of the week.
"With a case like this, you really want to figure out how many people have been exposed by the media," said defense attorney Michael Schwartz. "Whether they have formed an opinion is another matter."




The shooting by Webb was viewed around the world after a video camera captured him apparently shooting Carrion gave orders for him to rise which he did.




The city of Colton is looking to adopt a code of ethics in the wake of several scandals including the prosecution of one of its former councilmen, according to the San Bernardino Sun. That's not even including the prosecution of four city officials on bribery charges, all of whom took guilty pleas and await sentencing.


(excerpt)


Hoping to put an end to such problems, the City Council on Tuesday evening agreed to develop a code of ethics intended to prevent misbehavior by elected officials and city employees.

"As public officials, we're held to a higher standard," Mayor Kelly Chastain said. "We're looked upon as people who should be role models. Our grandkids should be able to look up to us and follow in our footsteps."

Council members on Tuesday heard a presentation by former Riverside County District Attorney Grover Trask, who gave an overview of the steps needed to create an ethics code that would be unique to Colton.

"This is not something you can buy off the shelf and say, `This is our code of ethics,"' said Trask, who now works as special counsel for Best Best and Krieger LLP, which provides legal services for the city. "This is something that has to be appreciated, understood and built by the people in this room."




Hopefully, they'll do much better than the city of Riverside which also played with the implementation of an ethics code after a community group gave a presentation to the Charter Review Committee in 2004 about the importance of creating one. So Riverside eventually did after the amendment to do so was put by the city's voters into the charter.

But what the city residents received was a watered down series of guidelines which basically allow the city officials to back each other up when one of them is accused of an ethics violation, which is what has happened so far. The process has proven to be so frustrating with new rules being invented along the way that most city residents don't bother with it.

The ethics code was created for a similar reason as the Community Police Review Commission and both were deemed important enough to be included in the city's charter. However, neither process was spared from the manipulation from City Hall despite the mandate sent by the city's voters.




The San Francisco Chronicle published a series of articles about the appointment of the first transgender to serve as president of the San Francisco Police Commission.

Theresa Sparks, the C.E.O. of Good Vibrations was elected to replace outgoing president Louise Renne , a move that left Mayor Gavin Newsom fuming. What apparently upset Newsom is that his own appointment, Joe Alioto Veronese cast the crucial vote that put Sparks in as president which cost the mayor's choice, Joe Marshall the spot. Renne had also supported Marshall and quit the commission after Sparks election in protest.

Newsom apparently has enjoyed some sense of control over the operations of the city's form of police oversight during an era which because of Sparks' victory may be coming to an end.

Of course, Newsom's handlers deny that such a scenario ever existed.


(excerpt)


"The mayor welcomes dissent among his commissioners," Newsom spokesman Nathan Ballard said when asked about the vote.

Ballard also said Newsom has a "hands-off" policy when it comes to commission votes.

Maybe. But the truth is, his office was actively working behind the scenes to get Marshall elected. And the key to that effort was winning over Veronese, whom Newsom appointed to the commission shortly after taking office. (Coincidentally, that was right after Alioto had backed Newsom during his hard-fought 2003 runoff campaign.)

Newsom thought his guy would come through. But as the Wednesday night vote neared, Veronese -- who is buffing up to run for state Senate -- started having other thoughts.




Apparently Newsom did some intense lobbying but as the final vote proved, it was all for naught.


The election of Sparks was celebrated by progressives including those in the Gay, Lesbian, Bisexual and Transgender community in San Francisco.



(excerpt, San Francisco Chronicle)



"Sparks is a good choice because she has been actively pushing for reforms to make the Police Department more transparent and open," said David Campos, another commissioner who backed Sparks. "This is good for the LGBT community and sends an important message to that community and the community as a whole."

Sparks, 55, was appointed to the commission by the Board of Supervisors in 2004. Previously, she chaired a task force that addressed issues of police sensitivity toward transgender people.

Her election as president of the commission, which under the City Charter adopts department operating rules and sets crucial policies, comes as major issues are being tackled, including installation of a tracking system to more quickly identify problem officers.

Sparks said Thursday that she wants to ensure commission decision-making is more transparent to the general public.

"If you take all the items facing the Police Department together, there will be a major review and reorganization of the department in the next year to 18 months,'' she said.



The mayor was asked by the reporters in the San Francisco Chronicle articles to comment on the election and he chose his words carefully.


(excerpt)


"I don't mind dissent," Newsom said Thursday at a swearing-in of members of other city oversight commissions. "But I do expect that we treat people with respect and are considerate of this administration and the direction we're trying to go. ... If there are going to be actions that are inconsistent with that direction, then that would just be awkward."

Nathan Ballard, the mayor's spokesman, said Newsom wanted Marshall to succeed Renne as commission president, but that he is prepared to work cooperatively with Sparks.

Supervisor Ross Mirkarimi, who has been at odds with the mayor and Police Chief Heather Fong over patrol deployment policies, praised Sparks' election as president.

"Here you have someone with a new, fresh, experienced perspective who seems to care very much about law and order, public safety and due process," Mirkarimi said.



Sparks and the commission will have their work cut out for them dealing with the aftermath of the Copley Press decision which closed public hearings in several cities including San Francisco as well as a department that has been hit with several scandals including Fajitagate and Videogate not to mention a recent study by a national expert that stated that the officers in the department were engaging in racial profiling.



Riverside's own mayor, Ron Loveridge has not interfered much with the Community Police Review Commission since its inception in 2000. At first, Loveridge said that he felt that civilian oversight over law enforcement was symbolic in nature. But the residents in Riverside weren't content with a symbol, they wanted the real thing.

In 2004, Loveridge did something for the first time since he was elected mayor in 1993, when he threatened to use his veto power to stop Councilman Art Gage from leading the city council down the path of cutting the CPRC's annual budget by up to 95%. Gage's actions became the catalyst of the drive to place the CPRC in the city's charter so it could no longer serve as a political football for the city council, the majority of which was financially backed by the Riverside Police Officers' Association.

Councilman Ed Adkison in a Press Enterprise article published not too long ago blamed Gage for going after the CPRC, but the truth is that there were four city councilmen on the dais who wanted it gone. Of the four, Gage was just the councilman who wore his dislike of the CPRC on his sleeve.

Councilman Steve Adams, a retired Riverside Police Department officer, claimed at a recent meeting that the city council including himself were huge supporters of the CPRC. Indeed, both Gage and Adams originally ran on platforms where both said they either hadn't made a decision on how they perceived the CPRC or they supported it. Both made up for lost time later on, with Gage proposing his motion to defund it during the budget reconciliation hearings three years ago and Adams providing a tepid second to that motion.

When Adams professes his loyalty to the CPRC like he did at a recent public safety committee meeting, you have to take it with a grain of salt just like most anything he says.


Still, the city council has given its golden boy, Hudson and his sidekick, De Santis free rein to play with various city departments and the CPRC is not exempt. In fact, as Hudson may say when it comes to his actions towards Riverside's form of civilian oversight in the words of a famous Carpenters' tune, "We've only just begun".



A New York City Police Department detective died from pancreatic cancer that he was diagnosed with after working at the epicenter of the World Trade Center terrorist attacks on Sept. 11, 2001.

Retired Det. Robert Williamson had sued the city along with 1,700 other police officers and fire fighters after he became ill to try and ensure that the pension system was changed.


(excerpt)


Beginning the day of the 9/11 attacks and for three months after, Williamson spent 16-hour days performing rescue and recovery operations at the World Trade Center site, his sergeant, Michael Kelley, said yesterday.

"He was down on The Pile every single day" for the first two months after the twin towers' collapse, and then five days a week in the third month, Kelley said.

"Some guys took breaks; he was down there digging," Kelley said. "It didn't faze him a bit."

Williamson was among more than 1,700 cops and firefighters who sued the city to change the pension system after the disaster, Palladino said, adding that the married father of three worked "well beyond the required 40 hours at Ground Zero to qualify for a disability pension."

"He is one of the first officers who was deemed disabled as a result of his assignment on 9/11, and now that disability has claimed his life," Palladino said.

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