Election 2007: The second half begins
Yes, there was an aftershock to last weekend's Lake Elsinore earthquake on Wednesday morning at around 8 a.m. It hit 3.4 on the scale and you can check its stats here and read more about the latest quake cluster here.
The death toll of the latest heat wave is still being tabulated both in the Inland Empire and the state. A disproportionate number of these individuals were elderly folks, who had difficulty accessing cooler conditions.
A federal grand jury has indicted former Riverside Police Department officer, Jose Luis Nazario with two counts of voluntary manslaughter in connection with the killings of two unarmed Iraqi people being detained in Fallujah during 2004, according to the Press Enterprise. The killings happened when he was a Marine with a unit from Camp Pendleton which included members involved in at least two dozen other killings that were under investigation.
(excerpt)
He is scheduled to return to federal court in Riverside on Wednesday to enter a plea. He remains out of custody on $50,000 bond. He has previously said he is innocent of the allegations.
Douglas Applegate, one of Nazario's attorneys, said he had not seen the indictment. He said the case would be interesting because a civilian court would be asked to rule on "what occurred in a combat firefight three years ago -- presumably without any physical evidence."
Last month, a Naval Criminal Investigative Service agent filed an affidavit and criminal complaint in federal court that included witnesses saying that Nazario either killed the insurgents or ordered their deaths. The witnesses' names were not released.
According to witness statements in federal court documents, Nazario's squad searched a home on Nov. 9, 2004, because people in the home had been shooting at Marines. They detained four insurgents and found AK-47 rifles and ammunition, according to the affidavit.
During a radio conversation with a superior, Nazario said the four insurgents were not dead. He was told to "make it happen," and all four detainees were shot to death, the documents stated.
Ken Stansbury, the man who was hit by a SLAPP suit by the city of Riverside had an important day in court this week.
Oral arguments for both sides were heard on Sept. 5 at the 4th District Court of Appeals at 1:30 p.m. The city sued to prevent the circulation of a petition to place a ballot initiative on the use of eminent domain for the voters to decide the role eminent domain would play in this city.
The city turned to its law firm of choice, Best, Best and Krieger and hit Stansbury and the Riversiders for Property Rights with a law suit to chill public participation. What makes it a SLAPP suit was the city's decision to press for the defendants to pay its own attorney's fees which currently are at least $150,000. This was done in an attempt to scare the organization off from its activism. However, at the same time the city was doing this, it was saying that it was doing this to help the organization clarify the issue before it tried to place it on the ballot.
But many of the members of RPR were intimidated by the threat of having to pay legal fees for the city that they could not afford so in that respect, the law suit had that intended effect but Stansbury kept fighting, David and Goliath style.
What's ironic is how lately several city council members who voted in favor of fighting this ballot initiative apparently all the way, have stood up and said before this city's residents how important it is to allow the public to decide through its voting rights on issues such as roosters and railroad trains blocking intersections. Anyone who criticizes their efforts is told that they are hindering the democratic way, that they are preventing the people from being allowed to decide these issues. That point is indeed taken and the point these elected officials raised is certainly a valid one.
However, it's the city council which is doing the same by preventing the public to decide on the issue of eminent domain. Perhaps because they don't trust the public to be able to decide on this issue or perhaps because they know all too well that they are capable of doing so.
The city's argument for doing this is that eminent domain is a state issue not a local one. However, other cities in this state have had similar initiatives put on the ballots for the voters to decide. The problem is, some of them passed which means that this probably has less to do with it allegedly being a state issue and more to do with the fact that there are at least 18 eminent domain cases being filed in court just in the downtown area of Riverside alone.
The final recommendations on exactly what to do with Tequesquite Park will be sprung soon, according to this article in the Press Enterprise.
(excerpt)
Two lighted baseball fields, a walking trail, trailhead connecting to the Santa Ana River Trail, large grass area, pavilion entrance with a Chinese garden, playground, open space and on-site parking are the committee's recommendations. Basketball courts and possibly a man-made stream making use of the above-ground watershed at the back of the park are also recommended, but might have to wait until a second phase because of an immediate lack of funding.
The future of the park was in jeopardy not too long ago, when it was set to be sold off by developers to generate at least $10 million to be used to renovate several other parks. A campaign of city residents led by Ward One candidate, Mike Gardner opposed this move and Dom Betro, who chaired the task force, went what Dan Bernstein called, "Retro Betro" and the park was saved from the developers. Although it makes his election bid more difficult, Gardner's campaign has been very effective at pushing his rival to do during an election year what he should have been doing all along.
Something to think about no matter who attracts the most votes at the polls in November.
More investigating being done in the wake of an arrest of a Press Enterprise employee who allegedly put out an advertisement to threaten Riverside County District Attorney Rod Pacheco.
Caldwell has been charged with several criminal counts including making criminal threats against a public official by the State Attorney General's office which will be prosecuting the case due to the conflict of interest involving the District Attorney's office in this case.
There's a meeting to discuss the injunction being held by Councilman Andrew Melendrez's task force in the Eastside at Bobby Bonds Park this evening at 5:30 p.m. Attending will be Police Chief Russ Leach and area commander, Lt. Larry Gonzalez. Not attending will be any representatives from the District Attorney's office for what it calls, security reasons.
It's also not clear whether members of other city bodies including the Human Relations Commission including its community and police relations subcommittee will attend this meeting. But it should be sending representatives.
Kudos to Melendrez for also encouraging the allowance of public participation at the interviews for the Community Police Review Commission yesterday, alas to no avail. Unfortunately, at least one other elected official said that they had never allowed public participation in the past during this process which is not true at all and if what this individual said were true, there would have been violations of the Brown Act.
Melendrez was also the councilman who cast the no vote the last time the members of the BASS quartet wanted to take the city council meeting conduct code back to the Governmental Affairs Committee for further tinkering which in the past has resulted in the imposition of further restrictions for public participation. In July, 2005, the city council imposed some restrictions on public comment including the banning of the pulling of consent calendar items from the agenda. This motion was proposed by Councilman Dom Betro and seconded by Councilman Steve Adams. It passed 6-1 with Art Gage dissenting. Public comment was given in support and against this motion. Against it were Marjorie Von Pohle and other activists who often speak at city council meetings. Those speaking for its passage included members of the Downtown Area Neighborhood Alliance, who said that they were sick and tired of all the ranting and raving being done at the podium during city council meetings.
People ask me often for the minute record of this vote because there's often disagreement that their elected officials would actually support this type of measure and it's been blamed on the GASS quartet. However, the minute records indicate that this was actually one of the first actions taken by the BASS quartet.
Three out of four members of the former GASS quartet supported this measure with one voting in opposition. All four members of BASS voted in favor of it and two of its members raised and seconded the motion to put it to a vote. Three of its members served on the Governmental Affairs Committee which addressed changes to this policy before it returned to the city council for a vote.
Here it is.
July 12 city council meeting minute record on city council meeting format changes
You shouldn't have to congratulate a councilman for simply trying to allow an individual to exercise a right to public comment that they are allowed during every open meeting convened by the city council, but then again, this is River City and here you often do.
Eureka, California is calling out for civilian oversight of its police department, according to the Times-Standard. The small police force in that city has experienced quite a few officer-involved shootings including fatal incidents in a rather short period of time.
The shooting of Martin Cotton II last month was on the minds of many people who have spoken in favor of creating a civilian review board in the city of about 30,000 people nestled in the redwoods of Humboldt County.
(excerpt)
Police Chief Garr Nielsen watched quietly from the back of council chambers as many criticized his department and called for some form of citizen review or oversight.
”Although Martin was severely injured from the cruel and undeserving beating, EPD took him directly to jail to die, rather than immediately bringing him to the hospital,” an Arcata resident, who identified herself only as Sara, read from a flier prepared by Redwood Curtain Copwatch.
”Neither Nielsen nor any jail employee has indicated that Martin was seen by medical staff while in their custody, until he was dead,” Sara continued. “This is unacceptable and adds to the outrage that we feel.”
The subject of citizen oversight was first broached by Councilwoman Polly Endert, who, during council reports, asked city staff to give an update on the formation of an ad-hoc public safety committee. City Manager David Tyson said he would try to get the committee's co-chairs to attend the next council meeting and update the council on the progress in forming the committee.
Endert's sentiment would be echoed numerous times during the public comment period.
”This is happening on your watch, and I just want to voice extreme concern,” said Arcata resident Karen Diers, who said she works in Eureka, referring to a recent string of officer-involved deaths. Diers also called for citizen review.
Afterwards, at least one elected official expressed support for the proposal. It's not clear whether the other local politicians will join in. It remains to be seen whether civilian review comes to Eureka and if so, what form.
Conflicting eyewitness testimony to the Cotton incident are provided here by the Eureka Reporter.
Times-Standard articles on officer involved shootings involving the Eureka Police Department are below.
District Attorney review of Zachary Cooke shooting
Editorial: Why we ask questions
Cheryl Lyn Moore
In New York City, the New York Civil Liberties Union's report alleges that the NYPD is undermining civilian review according to this article in Newsday.
The report included some harsh language on the process of complaint handling by the Civilian Complaint Review Board.
(excerpt)
Of the nearly 7,000 civilian complaints filed against New York City police officers in 2006, close to 60 percent were dismissed without an investigation, according to the report titled "Mission Failure," which looked at police complaints since 1994.
On average, the Civilian Complaint Review Board found police at fault in just 5.2 percent of complaints - far below the 10 to 13 percent average found at similar boards across the United States, the report said.
The Civilian Complaint Review Board was added to the City of New York Charter in July 1993. The board was tasked with conducting thorough and impartial investigations.
"If thoroughness and impartiality is the standard - and public confidence, the test as to whether the standard is met - the CCRB is failing in its mission," the report said.
Not surprisingly, the heads of the NYPD found tremendous fault with the report, referring it to "cherry picking".
The New York Daily News weighed in on the issue here.
(excerpt)
The report says the review board saw a 60 percent increase in complaints between 2000 and 2005, to 6,796 from 4,251 - a volume that "indicates that police conduct is systemic."
Yet, the study says, the underfunded and undermanned board investigates less than half of the allegations and of those it does, it typically finds the complaints valid only about 5 percent of the time.
Of the most serious cases referred to the NYPD for disciplinary action between 2000 and 2004, Police Commissioner Raymond Kelly rejected the board's recommendations in 63 percent of the cases.
"When discipline was imposed, it was strikingly lenient in light of the severity of the misconduct that has been documented by the CCRB," the report said.
The NYCLU recommends more stringent City Council oversight of the board along with increased funding for investigators and support staff.
The NYCLU report is here for individuals who wish to read it to find out what the fuss is about and why people are either nodding their heads or raising a fuss about it.
The New York Times hasn't written much on this NYCLU report but it started up a brand new blog page here.
More celebrating in Springfield, Massachusetts by The Republican over the creation and implementation of civilian review in that city.
(excerpt)
Mayor Charles V. Ryan said during a press conference last Thursday
that the city would have established the review board absent the
complaint, adding that the board fills a vacuum "artfully and
intelligently. "
Ryan said he intends to appoint nine members to the review board by
Sept. 15. Precautions should be taken so that the review board cannot
be politicized.
We trust that the mayor will appoint a diverse board of members whose
integrity and credentials will serve the city well.
Amen to that!
You might not be able to wear white after Labor Day but you can talk about the upcoming final rounds of Election 2007. Here are some political notes of upcoming events.
(excerpt)
The public is invited to a coffee to meet Ward 1 City Council candidate Mike Gardner at the home of Bobbi Beecher in Riverside at 9:30 a.m. Saturday. Information: 951-686-2737.
The Betro for Council Campaign announces the beginning of its activities at 10 a.m. Saturday at Trilussa Restaurant, 3737 Main St., Riverside. Volunteer opportunities to walk, phone or mail for the campaign are available. Information or reservations: 951-684-4873.
In other news, it looks like Betro and Ward Seven candidate, Terry Frizzel have picked up endorsements from the SEIU's local chapter representing many of the city's workers, for the second half of Election 2007, which will be coming to the polls nearest you the first Tuesday in November.
The death toll of the latest heat wave is still being tabulated both in the Inland Empire and the state. A disproportionate number of these individuals were elderly folks, who had difficulty accessing cooler conditions.
A federal grand jury has indicted former Riverside Police Department officer, Jose Luis Nazario with two counts of voluntary manslaughter in connection with the killings of two unarmed Iraqi people being detained in Fallujah during 2004, according to the Press Enterprise. The killings happened when he was a Marine with a unit from Camp Pendleton which included members involved in at least two dozen other killings that were under investigation.
(excerpt)
He is scheduled to return to federal court in Riverside on Wednesday to enter a plea. He remains out of custody on $50,000 bond. He has previously said he is innocent of the allegations.
Douglas Applegate, one of Nazario's attorneys, said he had not seen the indictment. He said the case would be interesting because a civilian court would be asked to rule on "what occurred in a combat firefight three years ago -- presumably without any physical evidence."
Last month, a Naval Criminal Investigative Service agent filed an affidavit and criminal complaint in federal court that included witnesses saying that Nazario either killed the insurgents or ordered their deaths. The witnesses' names were not released.
According to witness statements in federal court documents, Nazario's squad searched a home on Nov. 9, 2004, because people in the home had been shooting at Marines. They detained four insurgents and found AK-47 rifles and ammunition, according to the affidavit.
During a radio conversation with a superior, Nazario said the four insurgents were not dead. He was told to "make it happen," and all four detainees were shot to death, the documents stated.
Ken Stansbury, the man who was hit by a SLAPP suit by the city of Riverside had an important day in court this week.
Oral arguments for both sides were heard on Sept. 5 at the 4th District Court of Appeals at 1:30 p.m. The city sued to prevent the circulation of a petition to place a ballot initiative on the use of eminent domain for the voters to decide the role eminent domain would play in this city.
The city turned to its law firm of choice, Best, Best and Krieger and hit Stansbury and the Riversiders for Property Rights with a law suit to chill public participation. What makes it a SLAPP suit was the city's decision to press for the defendants to pay its own attorney's fees which currently are at least $150,000. This was done in an attempt to scare the organization off from its activism. However, at the same time the city was doing this, it was saying that it was doing this to help the organization clarify the issue before it tried to place it on the ballot.
But many of the members of RPR were intimidated by the threat of having to pay legal fees for the city that they could not afford so in that respect, the law suit had that intended effect but Stansbury kept fighting, David and Goliath style.
What's ironic is how lately several city council members who voted in favor of fighting this ballot initiative apparently all the way, have stood up and said before this city's residents how important it is to allow the public to decide through its voting rights on issues such as roosters and railroad trains blocking intersections. Anyone who criticizes their efforts is told that they are hindering the democratic way, that they are preventing the people from being allowed to decide these issues. That point is indeed taken and the point these elected officials raised is certainly a valid one.
However, it's the city council which is doing the same by preventing the public to decide on the issue of eminent domain. Perhaps because they don't trust the public to be able to decide on this issue or perhaps because they know all too well that they are capable of doing so.
The city's argument for doing this is that eminent domain is a state issue not a local one. However, other cities in this state have had similar initiatives put on the ballots for the voters to decide. The problem is, some of them passed which means that this probably has less to do with it allegedly being a state issue and more to do with the fact that there are at least 18 eminent domain cases being filed in court just in the downtown area of Riverside alone.
The final recommendations on exactly what to do with Tequesquite Park will be sprung soon, according to this article in the Press Enterprise.
(excerpt)
Two lighted baseball fields, a walking trail, trailhead connecting to the Santa Ana River Trail, large grass area, pavilion entrance with a Chinese garden, playground, open space and on-site parking are the committee's recommendations. Basketball courts and possibly a man-made stream making use of the above-ground watershed at the back of the park are also recommended, but might have to wait until a second phase because of an immediate lack of funding.
The future of the park was in jeopardy not too long ago, when it was set to be sold off by developers to generate at least $10 million to be used to renovate several other parks. A campaign of city residents led by Ward One candidate, Mike Gardner opposed this move and Dom Betro, who chaired the task force, went what Dan Bernstein called, "Retro Betro" and the park was saved from the developers. Although it makes his election bid more difficult, Gardner's campaign has been very effective at pushing his rival to do during an election year what he should have been doing all along.
Something to think about no matter who attracts the most votes at the polls in November.
More investigating being done in the wake of an arrest of a Press Enterprise employee who allegedly put out an advertisement to threaten Riverside County District Attorney Rod Pacheco.
Caldwell has been charged with several criminal counts including making criminal threats against a public official by the State Attorney General's office which will be prosecuting the case due to the conflict of interest involving the District Attorney's office in this case.
There's a meeting to discuss the injunction being held by Councilman Andrew Melendrez's task force in the Eastside at Bobby Bonds Park this evening at 5:30 p.m. Attending will be Police Chief Russ Leach and area commander, Lt. Larry Gonzalez. Not attending will be any representatives from the District Attorney's office for what it calls, security reasons.
It's also not clear whether members of other city bodies including the Human Relations Commission including its community and police relations subcommittee will attend this meeting. But it should be sending representatives.
Kudos to Melendrez for also encouraging the allowance of public participation at the interviews for the Community Police Review Commission yesterday, alas to no avail. Unfortunately, at least one other elected official said that they had never allowed public participation in the past during this process which is not true at all and if what this individual said were true, there would have been violations of the Brown Act.
Melendrez was also the councilman who cast the no vote the last time the members of the BASS quartet wanted to take the city council meeting conduct code back to the Governmental Affairs Committee for further tinkering which in the past has resulted in the imposition of further restrictions for public participation. In July, 2005, the city council imposed some restrictions on public comment including the banning of the pulling of consent calendar items from the agenda. This motion was proposed by Councilman Dom Betro and seconded by Councilman Steve Adams. It passed 6-1 with Art Gage dissenting. Public comment was given in support and against this motion. Against it were Marjorie Von Pohle and other activists who often speak at city council meetings. Those speaking for its passage included members of the Downtown Area Neighborhood Alliance, who said that they were sick and tired of all the ranting and raving being done at the podium during city council meetings.
People ask me often for the minute record of this vote because there's often disagreement that their elected officials would actually support this type of measure and it's been blamed on the GASS quartet. However, the minute records indicate that this was actually one of the first actions taken by the BASS quartet.
Three out of four members of the former GASS quartet supported this measure with one voting in opposition. All four members of BASS voted in favor of it and two of its members raised and seconded the motion to put it to a vote. Three of its members served on the Governmental Affairs Committee which addressed changes to this policy before it returned to the city council for a vote.
Here it is.
July 12 city council meeting minute record on city council meeting format changes
You shouldn't have to congratulate a councilman for simply trying to allow an individual to exercise a right to public comment that they are allowed during every open meeting convened by the city council, but then again, this is River City and here you often do.
Eureka, California is calling out for civilian oversight of its police department, according to the Times-Standard. The small police force in that city has experienced quite a few officer-involved shootings including fatal incidents in a rather short period of time.
The shooting of Martin Cotton II last month was on the minds of many people who have spoken in favor of creating a civilian review board in the city of about 30,000 people nestled in the redwoods of Humboldt County.
(excerpt)
Police Chief Garr Nielsen watched quietly from the back of council chambers as many criticized his department and called for some form of citizen review or oversight.
”Although Martin was severely injured from the cruel and undeserving beating, EPD took him directly to jail to die, rather than immediately bringing him to the hospital,” an Arcata resident, who identified herself only as Sara, read from a flier prepared by Redwood Curtain Copwatch.
”Neither Nielsen nor any jail employee has indicated that Martin was seen by medical staff while in their custody, until he was dead,” Sara continued. “This is unacceptable and adds to the outrage that we feel.”
The subject of citizen oversight was first broached by Councilwoman Polly Endert, who, during council reports, asked city staff to give an update on the formation of an ad-hoc public safety committee. City Manager David Tyson said he would try to get the committee's co-chairs to attend the next council meeting and update the council on the progress in forming the committee.
Endert's sentiment would be echoed numerous times during the public comment period.
”This is happening on your watch, and I just want to voice extreme concern,” said Arcata resident Karen Diers, who said she works in Eureka, referring to a recent string of officer-involved deaths. Diers also called for citizen review.
Afterwards, at least one elected official expressed support for the proposal. It's not clear whether the other local politicians will join in. It remains to be seen whether civilian review comes to Eureka and if so, what form.
Conflicting eyewitness testimony to the Cotton incident are provided here by the Eureka Reporter.
Times-Standard articles on officer involved shootings involving the Eureka Police Department are below.
District Attorney review of Zachary Cooke shooting
Editorial: Why we ask questions
Cheryl Lyn Moore
In New York City, the New York Civil Liberties Union's report alleges that the NYPD is undermining civilian review according to this article in Newsday.
The report included some harsh language on the process of complaint handling by the Civilian Complaint Review Board.
(excerpt)
Of the nearly 7,000 civilian complaints filed against New York City police officers in 2006, close to 60 percent were dismissed without an investigation, according to the report titled "Mission Failure," which looked at police complaints since 1994.
On average, the Civilian Complaint Review Board found police at fault in just 5.2 percent of complaints - far below the 10 to 13 percent average found at similar boards across the United States, the report said.
The Civilian Complaint Review Board was added to the City of New York Charter in July 1993. The board was tasked with conducting thorough and impartial investigations.
"If thoroughness and impartiality is the standard - and public confidence, the test as to whether the standard is met - the CCRB is failing in its mission," the report said.
Not surprisingly, the heads of the NYPD found tremendous fault with the report, referring it to "cherry picking".
The New York Daily News weighed in on the issue here.
(excerpt)
The report says the review board saw a 60 percent increase in complaints between 2000 and 2005, to 6,796 from 4,251 - a volume that "indicates that police conduct is systemic."
Yet, the study says, the underfunded and undermanned board investigates less than half of the allegations and of those it does, it typically finds the complaints valid only about 5 percent of the time.
Of the most serious cases referred to the NYPD for disciplinary action between 2000 and 2004, Police Commissioner Raymond Kelly rejected the board's recommendations in 63 percent of the cases.
"When discipline was imposed, it was strikingly lenient in light of the severity of the misconduct that has been documented by the CCRB," the report said.
The NYCLU recommends more stringent City Council oversight of the board along with increased funding for investigators and support staff.
The NYCLU report is here for individuals who wish to read it to find out what the fuss is about and why people are either nodding their heads or raising a fuss about it.
The New York Times hasn't written much on this NYCLU report but it started up a brand new blog page here.
More celebrating in Springfield, Massachusetts by The Republican over the creation and implementation of civilian review in that city.
(excerpt)
Mayor Charles V. Ryan said during a press conference last Thursday
that the city would have established the review board absent the
complaint, adding that the board fills a vacuum "artfully and
intelligently. "
Ryan said he intends to appoint nine members to the review board by
Sept. 15. Precautions should be taken so that the review board cannot
be politicized.
We trust that the mayor will appoint a diverse board of members whose
integrity and credentials will serve the city well.
Amen to that!
You might not be able to wear white after Labor Day but you can talk about the upcoming final rounds of Election 2007. Here are some political notes of upcoming events.
(excerpt)
The public is invited to a coffee to meet Ward 1 City Council candidate Mike Gardner at the home of Bobbi Beecher in Riverside at 9:30 a.m. Saturday. Information: 951-686-2737.
The Betro for Council Campaign announces the beginning of its activities at 10 a.m. Saturday at Trilussa Restaurant, 3737 Main St., Riverside. Volunteer opportunities to walk, phone or mail for the campaign are available. Information or reservations: 951-684-4873.
In other news, it looks like Betro and Ward Seven candidate, Terry Frizzel have picked up endorsements from the SEIU's local chapter representing many of the city's workers, for the second half of Election 2007, which will be coming to the polls nearest you the first Tuesday in November.
Labels: Backlash against civilian oversight, City elections, civilian review spreads, David and Goliath, officer-involved shootings
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