mercurynews--2020-09-03--West Marin fire 41% contained; some evacuation warnings lifted

Some evacuation warnings in West Marin were lifted Wednesday night as firefighters aggressively squeezed the wildfire burning in the Point Reyes National Seashore , officials said Wednesday .
Officials lifted the evacuation warnings for Olema , Inverness , Drakes View and Sea Haven.The evacuation order for Silverhills and evacuation warnings for Inverness Park and Bear Valley remained .
The Woodward wildfire , which has burned an estimated 4,538 acres , or more than 7 square miles , was 41 % contained as of Wednesday , according to fire managers .
It started Aug. 18 .
As progress continued , more @ @ @ @ @ @ @ be released from the fire line on Wednesday and Thursday .
That includes 40 firefighters from the Marin County Fire Department and another 22 from the Ross Valley , Tiburon , Central Marin , Kentfield and Novato agencies , Marin County fire Chief Jason Weber said .
“ We typically try to switch out and relieve our crews after 14 days and we ’ ve extended a bit beyond that , ” Weber said .
“ The goal is to get our folks off the line , get them home to see their @ @ @ @ @ @ @ “ If things pick up again , they will be ready to go again this weekend , ” he said .
Weber said crews at the local fire stations will also be working to repair any equipment that may have been damaged in the fire .
Officials will be reducing the fire response over the next week , and the incident management team is getting ready to change hands again .
A new firefighting team from the Great Basin area of Nevada is expected to arrive this week and assume command on Monday @ @ @ @ @ @ @ operations section chief of the Northern Rockies firefighting team currently managing the blaze , said , “ Overall , I think things are looking good.
” The fire has grown in acreage recently because of the prescribed burns initiated by fire crews in an effort to better contain the blaze , Cichowski said .
That additional fire cast heavy smoke over Marin County that was made worse due to the thick fog from a marine layer that trapped that smoke in , which has resulted in poor air quality , officials said .
@ @ @ @ @ @ @ s public health officer , said air quality index readings Wednesday showed numbers between 50 , which is moderate , and 150 , which is unhealthy , especially for people with respiratory illnesses .
“ That ’ s better than we have seen but that ’ s no promise that ’ s going to persist , ” he said .
“ This is the longest interval of poor air quality that we ’ ve experienced in Marin County due to the wildfire smoke in recent history.
” The Bay Area Air Quality Management @ @ @ @ @ @ @ air ” alert through Thursday , marking a 17-day streak , the longest since the Camp fire in Paradise that lasted 14 days in 2018 .
Fire crews expect to perform fewer of prescribed burnouts this week as they continue to advance containment lines , officials said .
Containment refers to the line around the fire , so although firefighters are making progress , the interior of the fire will still be burning .
Full containment is expected on Tuesday .
To reach that point , firefighters must feel confident that the fire @ @ @ @ @ @ @ said .
The marine layer bringing high relative humidity is expected for the rest of the week .
Daytime highs along the coast will range between 58 and 64 degrees .
Weber said even though crews are making progress , the Point Reyes National Seashore remains closed .
“ Please stay out of the area , ” Weber said .
“ We have a lot of work to do out there .
We don ’ t need visitors coming to West Marin .
”

Some evacuation warnings in West Marin were lifted Wednesday night as firefighters aggressively squeezed the wildfire burning in the Point Reyes National Seashore, officials said Wednesday.
Officials lifted the evacuation warnings for Olema, Inverness, Drakes View and Sea Haven.The evacuation order for Silverhills and evacuation warnings for Inverness Park and Bear Valley remained.
The Woodward wildfire, which has burned an estimated 4,538 acres, or more than 7 square miles, was 41% contained as of Wednesday, according to fire managers. It started Aug. 18.
As progress continued, more than 60 Marin firefighters were expected to be released from the fire line on Wednesday and Thursday. That includes 40 firefighters from the Marin County Fire Department and another 22 from the Ross Valley, Tiburon, Central Marin, Kentfield and Novato agencies, Marin County fire Chief Jason Weber said.
“We typically try to switch out and relieve our crews after 14 days and we’ve extended a bit beyond that,” Weber said. “The goal is to get our folks off the line, get them home to see their families and give them some rest.”
“If things pick up again, they will be ready to go again this weekend,” he said.
Weber said crews at the local fire stations will also be working to repair any equipment that may have been damaged in the fire.
Officials will be reducing the fire response over the next week, and the incident management team is getting ready to change hands again. A new firefighting team from the Great Basin area of Nevada is expected to arrive this week and assume command on Monday, Weber said.
Brandon Cichowski, operations section chief of the Northern Rockies firefighting team currently managing the blaze, said, “Overall, I think things are looking good.”
The fire has grown in acreage recently because of the prescribed burns initiated by fire crews in an effort to better contain the blaze, Cichowski said.
That additional fire cast heavy smoke over Marin County that was made worse due to the thick fog from a marine layer that trapped that smoke in, which has resulted in poor air quality, officials said.
Incident page: Woodward fire
Dr. Matt Willis, the county’s public health officer, said air quality index readings Wednesday showed numbers between 50, which is moderate, and 150, which is unhealthy, especially for people with respiratory illnesses.
“That’s better than we have seen but that’s no promise that’s going to persist,” he said. “This is the longest interval of poor air quality that we’ve experienced in Marin County due to the wildfire smoke in recent history.”
The Bay Area Air Quality Management District had issued a “spare the air” alert through Thursday, marking a 17-day streak, the longest since the Camp fire in Paradise that lasted 14 days in 2018.
Fire crews expect to perform fewer of prescribed burnouts this week as they continue to advance containment lines, officials said.
Containment refers to the line around the fire, so although firefighters are making progress, the interior of the fire will still be burning. Full containment is expected on Tuesday. To reach that point, firefighters must feel confident that the fire will not jump containment lines, officials said.
The marine layer bringing high relative humidity is expected for the rest of the week. Daytime highs along the coast will range between 58 and 64 degrees.
Weber said even though crews are making progress, the Point Reyes National Seashore remains closed.
“Please stay out of the area,” Weber said. “We have a lot of work to do out there. We don’t need visitors coming to West Marin.”


mercurynews--2020-09-03--Grandson arrested in slaying of 80-year-old Santa Cruz County man

TWIN LAKES — Authorities said an 80-year-old man was found fatally stabbed in a Twin Lakes home Tuesday evening , and his grandson is suspected in his death .
The victim ’ s grandson , 28-year-old Phillip Talyansky , was arrested at the scene and booked on suspicion of murder , elder abuse and battery , according to the Santa Cruz County Sheriff ’ s Office .
Authorities responded to a reported stabbing about 6:43 p.m. Tuesday on the 700 block of Heath Cove in Twin Lakes , a coastal neighborhood in the greater Live Oak area of Santa Cruz @ @ @ @ @ @ @ found the 80-year-old victim suffering from a stab wound to his neck .
He was transported to Dominican Hospital , where the man was pronounced dead .
Talyansky remained in custody Wednesday in lieu of $ 850,000 bail .
The victim ’ s identity , and any suspected motive in the alleged homicide , had not been released .
According to a Facebook page appearing to belong to Talyansky , he attended Soquel High School and studied at Cabrillo College .
Early indications suggest he may have a developmental disability , though that @ @ @ @ @ @ @ “ What we can share is that he is being offered mental health and medical resources in jail , on top of what he would normally receive , ” said Sheriff ’ s Office Sgt .
Steve Ryan , responding to an inquiry about Talyansky ’ s mental capacity .
Social media postings and video link Talyansky to at least two area programs serving people with developmental disabilities .
In a video from 2014 , Talyansky appears to be featured as an actor promoting a play put on as part of a Santa @ @ @ @ @ @ @ special needs .
Representatives from those programs were either looking into his affiliation or couldn ’ t be reached for comment by press time .
Tuesday ’ s fatal stabbing comes as Santa Cruz County ’ s seventh homicide of 2020 , not including cases of vehicular manslaughter .
• Christopher Keeler , 26 , was stabbed to death Jan. 10 outside Watsonville , with his brother Joseph Keeler charged with murder .
• Hubert Cross , 35 , was fatally stabbed March 21 in Live Oak , with Leif Ames arrested for @ @ @ @ @ @ @ , was found dead March 31 at her Graham Hill Road home , with suspected killers Caitlin Crenshaw and Cody Huynh charged with murder .
• Sheriff ’ s Deputy Sgt .
Damon Gutzwiller , 38 , was shot and killed June 6 , with Steven Carrillo charged with murder .
• Kevin Medina-Lopez , 27 , was shot to death June 14 on Laurel Road .
Albaro Montalvo Amaral was charged with murder .
• Juan Antonio Ruiz , 28 , was killed in a drive-by shooting July 28 in Santa Cruz @ @ @ @ @ @ @ Dominguez-Martinez have been charged with murder .

TWIN LAKES — Authorities said an 80-year-old man was found fatally stabbed in a Twin Lakes home Tuesday evening, and his grandson is suspected in his death.
The victim’s grandson, 28-year-old Phillip Talyansky, was arrested at the scene and booked on suspicion of murder, elder abuse and battery, according to the Santa Cruz County Sheriff’s Office.
Authorities responded to a reported stabbing about 6:43 p.m. Tuesday on the 700 block of Heath Cove in Twin Lakes, a coastal neighborhood in the greater Live Oak area of Santa Cruz County.
Inside the home, responders found the 80-year-old victim suffering from a stab wound to his neck. He was transported to Dominican Hospital, where the man was pronounced dead.
Talyansky remained in custody Wednesday in lieu of $850,000 bail. The victim’s identity, and any suspected motive in the alleged homicide, had not been released.
According to a Facebook page appearing to belong to Talyansky, he attended Soquel High School and studied at Cabrillo College. Early indications suggest he may have a developmental disability, though that information could not immediately be confirmed.
“What we can share is that he is being offered mental health and medical resources in jail, on top of what he would normally receive,” said Sheriff’s Office Sgt. Steve Ryan, responding to an inquiry about Talyansky’s mental capacity.
Social media postings and video link Talyansky to at least two area programs serving people with developmental disabilities. In a video from 2014, Talyansky appears to be featured as an actor promoting a play put on as part of a Santa Cruz-based performing arts program for adults with special needs.
Representatives from those programs were either looking into his affiliation or couldn’t be reached for comment by press time.
Tuesday’s fatal stabbing comes as Santa Cruz County’s seventh homicide of 2020, not including cases of vehicular manslaughter.
Earlier in the year:
• Christopher Keeler, 26, was stabbed to death Jan. 10 outside Watsonville, with his brother Joseph Keeler charged with murder.
• Hubert Cross, 35, was fatally stabbed March 21 in Live Oak, with Leif Ames arrested for murder.
• Kimberly Smith, 55, was found dead March 31 at her Graham Hill Road home, with suspected killers Caitlin Crenshaw and Cody Huynh charged with murder.
• Sheriff’s Deputy Sgt. Damon Gutzwiller, 38, was shot and killed June 6, with Steven Carrillo charged with murder.
• Kevin Medina-Lopez, 27, was shot to death June 14 on Laurel Road. Albaro Montalvo Amaral was charged with murder.
• Juan Antonio Ruiz, 28, was killed in a drive-by shooting July 28 in Santa Cruz. Sergio Alvarez Lopez and Jonathan Lisandro Dominguez-Martinez have been charged with murder.
Sentinel staff writer Jessica York contributed reporting.


mercurynews--2020-09-03--CZU fire: Parts of evacuated Boulder Creek reopened

BOULDER CREEK — Resident evacuation orders for parts of Boulder Creek were downgraded to a fire evacuation “ warning ” Wednesday afternoon .
The latest phase of the area ’ s CZU August Lightning Complex fires ’ repopulation effort focused on downtown Boulder Creek and Brookdale , with Highway 1 open to through-traffic only .
The reduced warning came a day after the repopulation of areas on the east end of Bear Creek Road , with Bear Creek Road just west of Keller Drive remaining closed to traffic .
• Grim milestone in Santa Cruz County : CZU fire more @ @ @ @ @ @ @ , do-not-boil water advisory remains in place for areas north of Brookdale at the intersection of Highway 9 and Alba Road and including Boulder Creek , water services off Bear Creek Road , water services up Highway 236 from Highway 9 , Riverside Grove and San Lorenzo Park areas .
• Grim milestone in Santa Cruz County : CZU fire more destructive than Loma Prieta earthquake As of Wednesday morning , fire containment had reached 46 % for a 85,467-acre fire footprint , with more than 7,600 structures still threatened .
For specific @ @ @ @ @ @ @ is available online at smco.community.zonehaven.com .

BOULDER CREEK — Resident evacuation orders for parts of Boulder Creek were downgraded to a fire evacuation “warning” Wednesday afternoon.
The latest phase of the area’s CZU August Lightning Complex fires’ repopulation effort focused on downtown Boulder Creek and Brookdale, with Highway 1 open to through-traffic only. The reduced warning came a day after the repopulation of areas on the east end of Bear Creek Road, with Bear Creek Road just west of Keller Drive remaining closed to traffic. Related Articles Crashes and Disasters | President Joe Biden and first lady plan to visit Maui next week. Follow live updates
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A do-not-drink, do-not-boil water advisory remains in place for areas north of Brookdale at the intersection of Highway 9 and Alba Road and including Boulder Creek, water services off Bear Creek Road, water services up Highway 236 from Highway 9, Riverside Grove and San Lorenzo Park areas.
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For specific evacuation zones, the most updated information is available online at smco.community.zonehaven.com.


mercurynews--2020-09-03--Garcetti: Missing LA firefighter possibly a victim of ‘violent kidnapping’ in Mexico

A veteran Los Angeles city firefighter who went missing in Baja California last month may have been the victim of a “ violent kidnapping , ” Mayor Eric Garcetti said Wednesday .
Garcetti said he was largely reacting to news reports in which Baja California ’ s head prosecutor , Hiram Sanchez , told members of the media that Francisco “ Frank ” Aguilar , 48 , may have been “ forcibly taken ” from his condo .
Speaking at a news conference , Garcetti added that he would offer resources to authorities in the U.S. and Mexico .
The @ @ @ @ @ @ @ in their investigation into the disappearance of Aguilar .
“ We will work tirelessly to make sure Frank is returned safely , ” Garcetti said .
“ This is somebody who has put his life on the line for us , and we will do everything in our power … to ensure that law enforcement in Mexico has whatever support it needs.
” Family members decried a lack of communication from Mexican law enforcement officials during the investigation , noting that the family learned of possible violence against their relative through news reports @ @ @ @ @ @ @ investigators .
“ That ’ s info that my family would love to know before it was released to press , ” said Amaris Aguilar , one of Frank Aguilar ’ s daughters .
Aguilar ’ s family last heard from him on the evening of Aug. 20 .
Earlier that day , Aguilar left his Rancho Cucamonga home and headed south to check on a condominium he owns in San Antonio Del Mar , which is between Tijuana and Rosarito , according to his brother , Gabriel Aguilar .
After failed attempts @ @ @ @ @ @ @ , Gabriel Aguilar , along with other relatives , went to Mexico to look for his brother the next day .
When they arrived , the group noticed Frank Aguilar ’ s Jeep and dirt bike were gone .
Inside the condo , drawers sat ajar and picture frames were altered .
“ Everything was moved , ” Gabriel Aguilar said .
“ Someone had gone through ( the condo ) .
” Amaris Aguilar said her father would often make the two-hour trip south on his free time to relax and decompress @ @ @ @ @ @ @ Fire Department firefighter at Station 44 , part of the Central Bureau .
San Antonio Del Mar was a regular meeting place for their family to vacation , said Amaris Aguilar , who previously had planned to spend several days there with her father beginning Sept. 3 .
In addition to her father ’ s condo , Amaris Aguilar said , her grandmother also owned a vacation home in the Baja California town for 18 years .
She said her father has a great relationship with members of the San Antonio Del Mar @ @ @ @ @ @ @ of possible violence toward her father .
“ My dad is my best friend ; he ’ s literally my entire world and heart , ” Amaris Aguilar said .
“ Please give my father back , no questions asked.
” Jason Velsaco , Frank Aguilar ’ s cousin , was encouraged by Garcetti ’ s pledge on Wednesday , but pressed him to specify what resources would specifically be used to help find their relative .
“ The mayor made some pretty bold statements , ” Velsaco said .
“ Thirteen days @ @ @ @ @ @ @ those resources may be.
” Bella Aguilar , also Frank ’ s daughter , said her family also contacted Gov .
Gavin Newsom ’ s office in an attempt to get more resources focused on her father ’ s case .
They have not yet heard a response from the governor .
Frank Aguilar rents out his condo in Mexico , using an independent rental company , family member previously said .
When the condo is not rented out Aguilar would head south , spending a weekend or a few days there .
@ @ @ @ @ @ @ condo had a Ring camera and hoped the company would cooperate with law enforcement .
Sanchez , Baja California ’ s top prosecutor , said surveillance cameras had recorded people inside Aguilar ’ s condo when he was “ forcibly taken , ” according to a news report by The Border Report .
The report said Mexican law enforcement officials said they are currently identifying suspects , but had not said how many people are thought to be involved .

A veteran Los Angeles city firefighter who went missing in Baja California last month may have been the victim of a “violent kidnapping,” Mayor Eric Garcetti said Wednesday.
Garcetti said he was largely reacting to news reports in which Baja California’s head prosecutor, Hiram Sanchez, told members of the media that Francisco “Frank” Aguilar, 48, may have been “forcibly taken” from his condo.
Speaking at a news conference, Garcetti added that he would offer resources to authorities in the U.S. and Mexico. The FBI is assisting Mexican law enforcement officials in their investigation into the disappearance of Aguilar.
“We will work tirelessly to make sure Frank is returned safely,” Garcetti said. “This is somebody who has put his life on the line for us, and we will do everything in our power … to ensure that law enforcement in Mexico has whatever support it needs.”
Family members decried a lack of communication from Mexican law enforcement officials during the investigation, noting that the family learned of possible violence against their relative through news reports on Wednesday morning, and not from investigators.
“That’s info that my family would love to know before it was released to press,” said Amaris Aguilar, one of Frank Aguilar’s daughters.
Aguilar’s family last heard from him on the evening of Aug. 20. Earlier that day, Aguilar left his Rancho Cucamonga home and headed south to check on a condominium he owns in San Antonio Del Mar, which is between Tijuana and Rosarito, according to his brother, Gabriel Aguilar.
After failed attempts at trying to reach him by phone, Gabriel Aguilar, along with other relatives, went to Mexico to look for his brother the next day.
When they arrived, the group noticed Frank Aguilar’s Jeep and dirt bike were gone. Inside the condo, drawers sat ajar and picture frames were altered.
“Everything was moved,” Gabriel Aguilar said. “Someone had gone through (the condo).”
Amaris Aguilar said her father would often make the two-hour trip south on his free time to relax and decompress from his work as a Los Angeles Fire Department firefighter at Station 44, part of the Central Bureau.
San Antonio Del Mar was a regular meeting place for their family to vacation, said Amaris Aguilar, who previously had planned to spend several days there with her father beginning Sept. 3. In addition to her father’s condo, Amaris Aguilar said, her grandmother also owned a vacation home in the Baja California town for 18 years. She said her father has a great relationship with members of the San Antonio Del Mar community and was surprised at the mention of possible violence toward her father.
“My dad is my best friend; he’s literally my entire world and heart,” Amaris Aguilar said. “Please give my father back, no questions asked.”
Jason Velsaco, Frank Aguilar’s cousin, was encouraged by Garcetti’s pledge on Wednesday, but pressed him to specify what resources would specifically be used to help find their relative.
“The mayor made some pretty bold statements,” Velsaco said. “Thirteen days later, we want to know what those resources may be.”
Bella Aguilar, also Frank’s daughter, said her family also contacted Gov. Gavin Newsom’s office in an attempt to get more resources focused on her father’s case. They have not yet heard a response from the governor.
Frank Aguilar rents out his condo in Mexico, using an independent rental company, family member previously said. When the condo is not rented out Aguilar would head south, spending a weekend or a few days there.
Aguilar’s family also said the condo had a Ring camera and hoped the company would cooperate with law enforcement. Sanchez, Baja California’s top prosecutor, said surveillance cameras had recorded people inside Aguilar’s condo when he was “forcibly taken,” according to a news report by The Border Report.
The report said Mexican law enforcement officials said they are currently identifying suspects, but had not said how many people are thought to be involved.


mercurynews--2020-09-03--Coronavirus pandemic fallout: 40-plus retail chains bankrupt

When Archie Jafree heard that Lord & Taylor filed for Chapter 11 bankruptcy in early August , he was sad about the fate of the storied retailer with roots dating back to 1824 .
Still , the 36-year-old northern Virginia resident acknowledged he hadn ’ t shopped there in months , preferring instead to go to Nordstrom and Zara , where he feels the customer service is better .
“ It had good quality clothes , ” Jafree said of Lord & Taylor , “ but they hadn ’ t evolved with the times.
” Many shoppers like Jafree are @ @ @ @ @ @ @ shadows of themselves , driven in part by a pandemic that has shoved them into bankruptcy but also by changing consumer habits that put less emphasis on brand names and more emphasis on experience .
So far , more than 40 retailers have filed for Chapter 11 this year , including roughly two dozen since the pandemic .
That ’ s more than double what was seen for all of 2019 .
Lord & Taylor announced on Thursday that it was liquidating its business and closing all of its remaining stores .
J.C. @ @ @ @ @ @ @ and announced plans to permanently close nearly a third of its 846 stores .
Ann Taylor parent Ascena Retail Group said it would close all of its Catherines stores , a “ significant number ” of Justice stores , and a select number of Ann Taylor , Loft , Lane Bryant and Lou & Grey stores .
And Brooks Brothers , which will be sold to the nation ’ s largest mall operator Simon Property Group and licensing firm Authentic Brands Group , will shrink to about 125 stores from more than 400 @ @ @ @ @ @ @ , the brands have been losing favor for years because they hadn ’ t kept up with the online buying shift and failed to stand out .
The pandemic forced non-essential retailers to close this past spring in order to mitigate the spread of the coronavirus , pushing them further in peril .
Before the pandemic , shoppers were faced with an abundance of choices online and were becoming less loyal to clothing brands , particularly those that were stuck in the middle .
Shoppers were also focused on getting the best deals @ @ @ @ @ @ @ on sale before they were willing to buy — a habit sharpened during the Great Recession .
According to a March survey by McKinsey & Co , 40 % of the 2,500 shoppers polled in France , United Kingdom , Germany and U.S. tried new brands or made new purchases with a new retailer ; that number was 46 % for U.S. shoppers .
“ The ability to shop and get information online taught consumers more options .
Retailers have been reliant on promotions and they ’ ve created a monster of promiscuous @ @ @ @ @ @ @ president and founder of SageBerry Consulting , a retail consultancy .
Now , the pandemic is testing brand loyalty even more as shoppers , worried about going to physical stores , want quicker deliveries and curbside pickup , says Robert Passikoff , president of brand research firm Brand Keys .
Amber Atherton , CEO at Zyper , which connects brands with the top 1 % of their fans and enlists them to become brand ambassadors , says shoppers have been increasingly hanging out in community groups online and the pandemic just accelerated that @ @ @ @ @ @ @ recent collaboration with tennis mobile game Tennis Clash , where shoppers can buy exclusive Gucci outfits within the game as well as on the company ’ s website .
To build shoppers loyalty , brands need to “ create delightful experiences online , ” Atherton said .
Emily McKenna , 22 , a recent college graduate from Omaha , Nebraska , says she ’ s a big fan of Asos , an online-only clothing brand , because she likes the video feature that shows what the clothes look like on models .
She @ @ @ @ @ @ @ Crew outlet that ’ s about a 30-minute drive from her home , but she says she ’ s buying more online now because she doesn ’ t feel comfortable going into stores and she also sees more options for deals .
But McKenna does worry about the hallowing out of the middle-priced brands and what that means to shoppers who want quality but can ’ t afford luxury brands .
“ I think it is sad that these brands are being wiped out , and in a way , it makes some @ @ @ @ @ @ @ she said .
Juliana Gonzalez , 30 , from Howard Beach , New York says she ’ s been a big fan for several years of the Loft , Ann Taylor ’ s lower-price division .
She gets most of her clothing from the chain and is worried that they will be closing more stores as a result of the bankruptcy filing .
“ It ’ s young and hip .
And the clothes fit me , ” Gonzalez said .
But even before the pandemic , she only bought the clothes at @ @ @ @ @ @ @ be easier to come by , now that Ann Taylor ’ s parent has declared bankruptcy .

When Archie Jafree heard that Lord & Taylor filed for Chapter 11 bankruptcy in early August, he was sad about the fate of the storied retailer with roots dating back to 1824.
Still, the 36-year-old northern Virginia resident acknowledged he hadn’t shopped there in months, preferring instead to go to Nordstrom and Zara, where he feels the customer service is better.
“It had good quality clothes,” Jafree said of Lord & Taylor, “but they hadn’t evolved with the times.”
Many shoppers like Jafree are seeing iconic labels vanish or become mere shadows of themselves, driven in part by a pandemic that has shoved them into bankruptcy but also by changing consumer habits that put less emphasis on brand names and more emphasis on experience.
So far, more than 40 retailers have filed for Chapter 11 this year, including roughly two dozen since the pandemic. That’s more than double what was seen for all of 2019.
Lord & Taylor announced on Thursday that it was liquidating its business and closing all of its remaining stores. J.C. Penney filed for Chapter 11 in May and announced plans to permanently close nearly a third of its 846 stores.
Ann Taylor parent Ascena Retail Group said it would close all of its Catherines stores, a “significant number” of Justice stores, and a select number of Ann Taylor, Loft, Lane Bryant and Lou & Grey stores. And Brooks Brothers, which will be sold to the nation’s largest mall operator Simon Property Group and licensing firm Authentic Brands Group, will shrink to about 125 stores from more than 400.
Although loyal customers bemoan their loss, the brands have been losing favor for years because they hadn’t kept up with the online buying shift and failed to stand out. The pandemic forced non-essential retailers to close this past spring in order to mitigate the spread of the coronavirus, pushing them further in peril.
Before the pandemic, shoppers were faced with an abundance of choices online and were becoming less loyal to clothing brands, particularly those that were stuck in the middle. Shoppers were also focused on getting the best deals, often waiting for merchandise to go on sale before they were willing to buy — a habit sharpened during the Great Recession.
According to a March survey by McKinsey & Co, 40% of the 2,500 shoppers polled in France, United Kingdom, Germany and U.S. tried new brands or made new purchases with a new retailer; that number was 46% for U.S. shoppers.
“The ability to shop and get information online taught consumers more options. Retailers have been reliant on promotions and they’ve created a monster of promiscuous shoppers,” said Steve Dennis, president and founder of SageBerry Consulting, a retail consultancy.
Now, the pandemic is testing brand loyalty even more as shoppers, worried about going to physical stores, want quicker deliveries and curbside pickup, says Robert Passikoff, president of brand research firm Brand Keys.
Amber Atherton, CEO at Zyper, which connects brands with the top 1% of their fans and enlists them to become brand ambassadors, says shoppers have been increasingly hanging out in community groups online and the pandemic just accelerated that trend. She cites Gucci’s recent collaboration with tennis mobile game Tennis Clash, where shoppers can buy exclusive Gucci outfits within the game as well as on the company’s website.
To build shoppers loyalty, brands need to “create delightful experiences online,” Atherton said.
Emily McKenna, 22, a recent college graduate from Omaha, Nebraska, says she’s a big fan of Asos, an online-only clothing brand, because she likes the video feature that shows what the clothes look like on models.
She also likes shopping at the J. Crew outlet that’s about a 30-minute drive from her home, but she says she’s buying more online now because she doesn’t feel comfortable going into stores and she also sees more options for deals.
But McKenna does worry about the hallowing out of the middle-priced brands and what that means to shoppers who want quality but can’t afford luxury brands.
“I think it is sad that these brands are being wiped out, and in a way, it makes some of our dreams less attainable,” she said.
Juliana Gonzalez, 30, from Howard Beach, New York says she’s been a big fan for several years of the Loft, Ann Taylor’s lower-price division. She gets most of her clothing from the chain and is worried that they will be closing more stores as a result of the bankruptcy filing.
“It’s young and hip. And the clothes fit me,” Gonzalez said.
But even before the pandemic, she only bought the clothes at 50% off. Those discounts will be easier to come by, now that Ann Taylor’s parent has declared bankruptcy.


mercurynews--2020-09-04--Democrats request Hatch Act probe of RNC

WASHINGTON — Democrats on the House Oversight Committee are seeking an investigation into what they call repeated violations of the federal Hatch Act by members of the Trump administration during last month ’ s Republican National Convention .
The 1939 law is intended to limit political activity by federal employees in their official capacity , although it does not apply to the president and vice president .
Throughout the convention , administration officials “ repeatedly used their official positions and the White House itself to bolster President ( Donald ) Trump ’ s re-election campaign , ” the lawmakers wrote @ @ @ @ @ @ @ of Special Counsel .
“ We are alarmed that President Trump and some senior administration officials are actively undermining compliance with — and respect for — the law.
” Trump gave his acceptance speech for the GOP presidential nomination at the White House , and Acting Homeland Security Secretary Chad Wolf appeared in a video of a naturalization ceremony on White House grounds led by Trump .
Secretary of State Mike Pompeo also spoke to the convention through a video link while in Israel on official travel , and numerous officials used the @ @ @ @ @ @ @ “ We are particularly concerned with the consequences of White House actions on career employees who may have felt pressured to help organize and put on these events , potentially subjecting them to legal jeopardy , ” the Democrats wrote Wednesday .
“ Career employees have faced severe consequences for behavior far less egregious than what the country witnessed last week.
” For example , a Department of Energy employee who provided a tour of a federal facility to a congressional candidate was forced to resign , and a Defense Logistics Agency employee @ @ @ @ @ @ @ ” in a PowerPoint presentation received a suspension of 30 days without pay .
The Office of of Special Counsel is an independent investigative and prosecutorial agency that oversees executive branch officials , including their compliance with the Hatch Act .
In addition to Trump ’ s speech and the naturalization ceremony , a regional administrator at the Department of Housing and Urban Development interviewed New York City tenants for a video segment that was shown at the convention .
Several participants later said they were not aware the interviews would be used @ @ @ @ @ @ @ Pence ’ s use of Maryland ’ s Fort McHenry to film a keynote address also raised questions about the role of White House employees and National Park Service resources , Democrats said .
White House spokesman Judd Deere called the request by Democrats “ just another witch hunt ” that will “ waste valuable time and money.
” GOP convention events were planned and executed by the Trump campaign and the Republican National Committee , he said , adding : “ Any government employees who did participate did so in compliance with @ @ @ @ @ @ @ House has taken an ambivalent approach to the ethics rules and norms that guided past administrations .
And Wolf and Pompeo now join a lengthy list of other Trump officials who have taken a cavalier approach specifically to the Hatch Act .
• Anti-doping leaders say US stance could earn Olympic ban • Trump encourages supporters to try to vote twice • Facebook to halt new political ads just before U.S. election Trump has joked he would “ excuse anyone found to be violating ” the Hatch Act on his behalf .
White @ @ @ @ @ @ @ concerns about such violations , telling Politico : “ Nobody outside of the Beltway really cares.
” Past secretaries of state have gone to lengths to avoid the appearance of partisan political activity , particularly during nominating conventions for the administrations they served .
Pompeo ’ s speech shattered that precedent and even went against the guidance he issued to American diplomats , advising that federal law prevented them from overtly taking sides in the presidential campaign .
Two government watchdog groups have filed separate ethics complaints against Wolf and Pompeo over their @ @ @ @ @ @

By Matthew Daly | Associated Press
WASHINGTON — Democrats on the House Oversight Committee are seeking an investigation into what they call repeated violations of the federal Hatch Act by members of the Trump administration during last month’s Republican National Convention.
The 1939 law is intended to limit political activity by federal employees in their official capacity, although it does not apply to the president and vice president.
Throughout the convention, administration officials “repeatedly used their official positions and the White House itself to bolster President (Donald) Trump’s re-election campaign,” the lawmakers wrote in a letter to the independent Office of Special Counsel. “We are alarmed that President Trump and some senior administration officials are actively undermining compliance with — and respect for — the law.”
Trump gave his acceptance speech for the GOP presidential nomination at the White House, and Acting Homeland Security Secretary Chad Wolf appeared in a video of a naturalization ceremony on White House grounds led by Trump. Secretary of State Mike Pompeo also spoke to the convention through a video link while in Israel on official travel, and numerous officials used the White House for convention speaking engagements.
“We are particularly concerned with the consequences of White House actions on career employees who may have felt pressured to help organize and put on these events, potentially subjecting them to legal jeopardy,” the Democrats wrote Wednesday. “Career employees have faced severe consequences for behavior far less egregious than what the country witnessed last week.”
For example, a Department of Energy employee who provided a tour of a federal facility to a congressional candidate was forced to resign, and a Defense Logistics Agency employee who included the phrase “Vote Republican” in a PowerPoint presentation received a suspension of 30 days without pay.
The Office of of Special Counsel is an independent investigative and prosecutorial agency that oversees executive branch officials, including their compliance with the Hatch Act.
In addition to Trump’s speech and the naturalization ceremony, a regional administrator at the Department of Housing and Urban Development interviewed New York City tenants for a video segment that was shown at the convention. Several participants later said they were not aware the interviews would be used at the convention.
Vice President Mike Pence’s use of Maryland’s Fort McHenry to film a keynote address also raised questions about the role of White House employees and National Park Service resources, Democrats said.
White House spokesman Judd Deere called the request by Democrats “just another witch hunt” that will “waste valuable time and money.” GOP convention events were planned and executed by the Trump campaign and the Republican National Committee, he said, adding: “Any government employees who did participate did so in compliance with the Hatch Act.”
The Trump White House has taken an ambivalent approach to the ethics rules and norms that guided past administrations. And Wolf and Pompeo now join a lengthy list of other Trump officials who have taken a cavalier approach specifically to the Hatch Act.
Trump has joked he would “excuse anyone found to be violating” the Hatch Act on his behalf. White House chief of staff Mark Meadows dismissed concerns about such violations, telling Politico: “Nobody outside of the Beltway really cares.”
Past secretaries of state have gone to lengths to avoid the appearance of partisan political activity, particularly during nominating conventions for the administrations they served. Pompeo’s speech shattered that precedent and even went against the guidance he issued to American diplomats, advising that federal law prevented them from overtly taking sides in the presidential campaign.
Two government watchdog groups have filed separate ethics complaints against Wolf and Pompeo over their actions during the GOP convention.


mercurynews--2020-09-04--Coronavirus: Bay Area facing a ‘delicate threshold’ as Alameda County reports most deaths yet

An early leader in battling COVID-19 , the Bay Area this week logged the region ’ s highest number of deaths in a single day , driven by Alameda County , which has reported 38 deaths in the past two days .
California has been battling a summer wave of cases and deaths that started after state officials began easing lockdown restrictions in June , with infections and deaths peaking in July and August in much of the state and rising sharply in Southern California and the Central Valley .
More recently , the tide has seemed to be turning @ @ @ @ @ @ @ cases in Southern California down 64 percent from its mid-July peak .
But the Bay Area , which has far fewer cases overall , has yet to decline as rapidly : The region is down 43 percent from its mid-August peak .
Hospitalizations in the Bay Area are down about 30 percent from their peak compared to parts of Southern California and the Central Valley , which have cut their rates in about half .
Orange County , one of the hardest hit in the state , had fewer patients hospitalized with COVID-19 @ @ @ @ @ @ @ May .
But in Alameda County , which has more cases and deaths than any county in the Bay Area , hospitalizations on Wednesday were 55 percent higher than they were on June 1 .
Still , the Bay Area has had a fraction of the hospitalizations that Southern California has seen — both in raw numbers and per capita measurements — and on Wednesday the Bay Area as a whole had fewer than half the hospitalizations of Los Angeles County .
But with Labor Day coming and additional business re-openings in Alameda @ @ @ @ @ @ @ is at a “ delicate threshold , ” said Kirsten Bibbins-Domingo , chair of the Department of Epidemiology and Biostatistics at UC San Francisco .
“ If we just focus on the Bay Area , we ’ re sort of at the downslope of the second wave , ” she said .
“ It ’ s not the time to be complacent about any of this because we ’ re still at a case rate that ’ s much higher than it was before this current wave.
” The most concerning sign is @ @ @ @ @ @ @ to be the last to rise when infection spreads and the last to decline when new cases ebb .
Alameda County reported 17 new COVID-19 deaths Wednesday , the most in any single day during the pandemic .
That record was broken Thursday , with 21 new deaths reported , for a total of 295 since the pandemic began , according to data compiled by this news organization .
The entire nine-county region , plus Santa Cruz County , recorded 27 deaths on Wednesday , eclipsing a previous high of 21 on April @ @ @ @ @ @ @ their Thursday totals by early evening .
Many of the new cases and deaths have been concentrated in the heavily Black and Latinx neighborhoods of East Oakland , where three ZIP codes that include Fruitvale , the Coliseum and the Oakland International Airport down to the San Leandro border all have at least 355 cases per 10,000 residents , more than twice the rate of anywhere else in the county .
Those areas also have the highest test-positivity rates in the county , reaching as high as 16.9 percent compared to a statewide @ @ @ @ @ @ @ — like the state as a whole — has struggled to deploy sufficient testing in hotspots with a quick enough turnaround time to detect and prevent outbreaks , Bibbins-Domingo said , calling that “ the Achilles ’ heel of all of California.
” Alameda County in particular needs to ramp up testing in communities such as Fruitvale , she said .
Some of that is happening .
UCSF and community organizations including The Unity Council and La Clinica de la Raza are launching an effort to test some 4,000 residents in one Fruitvale @ @ @ @ @ @ @ understand how the virus has spread through the community .
That effort mirrors a campaign that tested nearly 3,000 residents in San Francisco ’ s Mission District and found Latinx people made up 95 percent of positive cases but just 44 percent of those tested .
Dr. Noha Aboelata , CEO of the Roots Community Health Center in East Oakland , said the county has reacted more slowly than she would like instituting programs such as multilingual contact tracing and hasn ’ t tailored guidance around openings and safe activities to its hardest-hit @ @ @ @ @ @ @ based on Alameda County are not necessarily going to be applicable to Oakland , let ’ s say , or Hayward or Ashland , Cherryland , where the infection rates are much higher , ” she said .
Lifting lockdown restrictions could put more essential workers at risk , experts said .
On Thursday , the county public health department announced that indoor salons and barbershops would be allowed to reopen Friday , as well as indoor malls at 25 percent capacity .
Both the county and the Bay Area have a high @ @ @ @ @ @ @ Latinx residents in crowded housing , which makes them among the most likely to be infected .
But so do many Southern California counties , said Dr. John Swartzberg , an infectious disease expert at UC Berkeley .
Instead , Swartzberg said the Bay Area trends might be lagging its Southern California counterparts in part because things never got as bad here .
At its peak , Orange County had 22.7 patients hospitalized for COVID-19 for every 100,000 residents .
It ’ s brought that down to 8.5 patients per 100,000 .
• @ @ @ @ @ @ @ than initially expected after partnership with Quidel • Santa Clara County to keep indoor dining , theaters shut even if state allows reopening • Pelosi ’ s SF salon owner soaks up more than $ 98K from Republican sympathizers Alameda County ’ s hospitalizations , however , peaked at 12.8 per 100,000 residents , and are now at 9 per 100,000 .
Five Southern California counties have about 60 percent of all cases in the state .
The Bay Area accounts for just 12 percent of the state ’ s cases .
“ @ @ @ @ @ @ @ problem that any sort of intervention that took place would manifest itself more rapidly , ” Swartzberg said .

An early leader in battling COVID-19, the Bay Area this week logged the region’s highest number of deaths in a single day, driven by Alameda County, which has reported 38 deaths in the past two days.
California has been battling a summer wave of cases and deaths that started after state officials began easing lockdown restrictions in June, with infections and deaths peaking in July and August in much of the state and rising sharply in Southern California and the Central Valley.
More recently, the tide has seemed to be turning, with the seven-day average of new cases in Southern California down 64 percent from its mid-July peak. But the Bay Area, which has far fewer cases overall, has yet to decline as rapidly: The region is down 43 percent from its mid-August peak.
Hospitalizations in the Bay Area are down about 30 percent from their peak compared to parts of Southern California and the Central Valley, which have cut their rates in about half.
Orange County, one of the hardest hit in the state, had fewer patients hospitalized with COVID-19 on Wednesday than it did in late May. But in Alameda County, which has more cases and deaths than any county in the Bay Area, hospitalizations on Wednesday were 55 percent higher than they were on June 1.
Still, the Bay Area has had a fraction of the hospitalizations that Southern California has seen — both in raw numbers and per capita measurements — and on Wednesday the Bay Area as a whole had fewer than half the hospitalizations of Los Angeles County.
But with Labor Day coming and additional business re-openings in Alameda County announced Thursday, the Bay Area is at a “delicate threshold,” said Kirsten Bibbins-Domingo, chair of the Department of Epidemiology and Biostatistics at UC San Francisco.
“If we just focus on the Bay Area, we’re sort of at the downslope of the second wave,” she said. “It’s not the time to be complacent about any of this because we’re still at a case rate that’s much higher than it was before this current wave.”
The most concerning sign is death rates, the statistic that tends to be the last to rise when infection spreads and the last to decline when new cases ebb.
Alameda County reported 17 new COVID-19 deaths Wednesday, the most in any single day during the pandemic. That record was broken Thursday, with 21 new deaths reported, for a total of 295 since the pandemic began, according to data compiled by this news organization.
The entire nine-county region, plus Santa Cruz County, recorded 27 deaths on Wednesday, eclipsing a previous high of 21 on April 22. Not all counties had reported their Thursday totals by early evening.
Many of the new cases and deaths have been concentrated in the heavily Black and Latinx neighborhoods of East Oakland, where three ZIP codes that include Fruitvale, the Coliseum and the Oakland International Airport down to the San Leandro border all have at least 355 cases per 10,000 residents, more than twice the rate of anywhere else in the county.
Those areas also have the highest test-positivity rates in the county, reaching as high as 16.9 percent compared to a statewide rate of 4.9 percent.
Alameda County — like the state as a whole — has struggled to deploy sufficient testing in hotspots with a quick enough turnaround time to detect and prevent outbreaks, Bibbins-Domingo said, calling that “the Achilles’ heel of all of California.” Alameda County in particular needs to ramp up testing in communities such as Fruitvale, she said.
Some of that is happening. UCSF and community organizations including The Unity Council and La Clinica de la Raza are launching an effort to test some 4,000 residents in one Fruitvale census tract later this month to better understand how the virus has spread through the community.
That effort mirrors a campaign that tested nearly 3,000 residents in San Francisco’s Mission District and found Latinx people made up 95 percent of positive cases but just 44 percent of those tested.
Dr. Noha Aboelata, CEO of the Roots Community Health Center in East Oakland, said the county has reacted more slowly than she would like instituting programs such as multilingual contact tracing and hasn’t tailored guidance around openings and safe activities to its hardest-hit communities.
“Decisions that get made based on Alameda County are not necessarily going to be applicable to Oakland, let’s say, or Hayward or Ashland, Cherryland, where the infection rates are much higher,” she said.
Lifting lockdown restrictions could put more essential workers at risk, experts said. On Thursday, the county public health department announced that indoor salons and barbershops would be allowed to reopen Friday, as well as indoor malls at 25 percent capacity.
Both the county and the Bay Area have a high concentration of essential workers and Black and Latinx residents in crowded housing, which makes them among the most likely to be infected. But so do many Southern California counties, said Dr. John Swartzberg, an infectious disease expert at UC Berkeley.
Instead, Swartzberg said the Bay Area trends might be lagging its Southern California counterparts in part because things never got as bad here. At its peak, Orange County had 22.7 patients hospitalized for COVID-19 for every 100,000 residents. It’s brought that down to 8.5 patients per 100,000.
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Five Southern California counties have about 60 percent of all cases in the state. The Bay Area accounts for just 12 percent of the state’s cases.
“Southern California started at such a higher problem that any sort of intervention that took place would manifest itself more rapidly,” Swartzberg said.


mercurynews--2020-09-04--Rochester mayor suspends officers involved in man’s death

By Carolyn Thompson and Michael Hill | Associated Press ROCHESTER , N.Y. — Seven police officers involved in the suffocation death of Daniel Prude last spring in Rochester , New York , were suspended Thursday by the city ’ s mayor , who said she was misled for months about the circumstances of the fatal encounter .
Prude , 41 , who was Black , died when he was taken off life support March 30 .
That was seven days after officers who encountered him running naked through the street put a hood over his head to stop him from @ @ @ @ @ @ @ about two minutes until he stopped breathing .
Rochester Mayor Lovely Warren announced the suspensions at a news conference amid criticism that the city kept quiet about Prude ’ s death for months .
Prude “ was failed by the police department , our mental health care system , our society , and he was failed by me , ” Warren said .
The mayor said she only became aware that Prude ’ s death involved the use of force on Aug. 4 , and that Police Chief La ’ Ron Singletary initially @ @ @ @ @ @ @ which is “ entirely different ” than what she witnessed in body camera video .
The mayor said she told the chief she was “ deeply , personally and professionally disappointed ” in his failure to accurately inform her what happened to Prude .
Warren said the seven officers would still be paid because of contract rules and that she was taking the action against the advise of attorneys .
“ I understand that the union may sue the city for this .
They shall feel free to do so , ” she @ @ @ @ @ @ @ action against Singletary .
Approached at a community event , Singletary declined to comment but said he would speak later .
Messages left with the union representing Rochester police officers were not immediately returned Thursday .
Prude ’ s death happened just as the coronavirus was raging out of control in New York and received no public attention at the time .
His family held a news conference Wednesday and released police body camera video obtained through a public records request that captured his fatal interaction with the officers .
The videos and @ @ @ @ @ @ @ looking for Prude after he bolted from his brother ’ s home early on March 23 , hours after receiving a mental health evaluation at a hospital .
When officers found Prude he was completely naked , on the street in a light snow .
He lay on the ground as they handcuffed him , then grew agitated , shouting and writhing and demanding that the officers give him a gun .
Officers put a hood over his head because he had been spitting and then pressed his face into the pavement for @ @ @ @ @ @ @ The hoods are intended to protect officers from a detainee ’ s saliva and have been scrutinized as a factor in the deaths of several prisoners in recent years .
The videos show Prude , his voice muffled by the hood , begging the white officer pushing his head down to let him go .
As the officer , Mark Vaughn , says , “ Calm down ” and “ Stop spitting , ” Prude ’ s shouts became anguished whimpers and grunts .
“ OK , stop .
I need it .
@ @ @ @ @ @ @ .
The officer lets Prude go after about two minutes when he stops moving and falls silent .
Officers then notice water coming out of Prude ’ s mouth and call over waiting medics , who start CPR .
A medical examiner concluded that Prude ’ s death was a homicide caused by “ complications of asphyxia in the setting of physical restraint.
” The report lists excited delirium and acute intoxication by phencyclidine , or PCP , as contributing factors .
In his final months , Prude , who was known to @ @ @ @ @ @ @ ” had been having mental health problems and had been going back and forth between his Chicago home and his brother ’ s place in Rochester , relatives said .
“ My father should have been met with a mental health specialist .
He should not have been killed in the street , ” his 18-year-old daughter , Tashyra Prude , said in an interview with The Associated Press .
“ He did not deserve that .
He was treated like an animal .
And I want this to be a step toward @ @ @ @ @ @ @ but justice for people like Breonna Taylor , who were killed by the police.
” New York Attorney General Letitia James ’ office took over the investigation of the death in April .
It is still not complete .
“ The Prude family and the greater Rochester community deserve answers , and we will continue to work around the clock to provide them , ” James said in a statement Thursday .
Gov .
Andrew Cuomo said in a statement that he watched video of Prude ’ s fatal encounter with police Wednesday @ @ @ @ @ @ @ deeply disturbing and I demand answers , ” he said , adding that he was confident James ’ investigation would be thorough .
“ For the sake of Mr. Prude ’ s family and the greater Rochester community I am calling for this case to be concluded as expeditiously as possible.
” Demonstrators came out on Thursday evening for a second straight night , about 200 of them gathering near the street corner where Prude was restrained by police .
Some activists felt suspending the officers was not enough .
“ This is @ @ @ @ @ @ @ , our police chief , they should be bought up on criminal charges , ” said Justin Morris .
Earlier Thursday , Prude ’ s brother , Joe Prude , said all his younger brother wanted that morning was “ somebody to grab him up and help him.
” “ No matter how you look at the situation , the man was absolutely in his birthday suit , handcuffed behind his back , on the ground already , in freezing weather , ” Prude ’ s brother , Joe Prude , said .
@ @ @ @ @ @ @ label that man a threat to you when he ’ s already cuffed up ?
How could you throw a bag over his head ?
Hill reported from Albany .
Associated Press writers Michael R. Sisak , Ted Shaffrey and Jennifer Peltz in New York and Don Babwin in Chicago contributed to this report .

By Carolyn Thompson and Michael Hill | Associated Press
ROCHESTER, N.Y. — Seven police officers involved in the suffocation death of Daniel Prude last spring in Rochester, New York, were suspended Thursday by the city’s mayor, who said she was misled for months about the circumstances of the fatal encounter.
Prude, 41, who was Black, died when he was taken off life support March 30. That was seven days after officers who encountered him running naked through the street put a hood over his head to stop him from spitting, then held him down for about two minutes until he stopped breathing.
Rochester Mayor Lovely Warren announced the suspensions at a news conference amid criticism that the city kept quiet about Prude’s death for months.
[vemba-video id=”us/2020/09/03/daniel-prude-rochester-police-dnt-gingras-newday-vpx.cnn”]
Video: Family calls for arrest of officers involved in death of naked Black man
Prude “was failed by the police department, our mental health care system, our society, and he was failed by me,” Warren said.
The mayor said she only became aware that Prude’s death involved the use of force on Aug. 4, and that Police Chief La’Ron Singletary initially portrayed it as a drug overdose, which is “entirely different” than what she witnessed in body camera video. The mayor said she told the chief she was “deeply, personally and professionally disappointed” in his failure to accurately inform her what happened to Prude.
Warren said the seven officers would still be paid because of contract rules and that she was taking the action against the advise of attorneys.
“I understand that the union may sue the city for this. They shall feel free to do so,” she said.
Warren did not announce any action against Singletary. Approached at a community event, Singletary declined to comment but said he would speak later.
Messages left with the union representing Rochester police officers were not immediately returned Thursday.
Prude’s death happened just as the coronavirus was raging out of control in New York and received no public attention at the time.
His family held a news conference Wednesday and released police body camera video obtained through a public records request that captured his fatal interaction with the officers.
The videos and other records detailed how police had gone looking for Prude after he bolted from his brother’s home early on March 23, hours after receiving a mental health evaluation at a hospital.
When officers found Prude he was completely naked, on the street in a light snow. He lay on the ground as they handcuffed him, then grew agitated, shouting and writhing and demanding that the officers give him a gun.
Officers put a hood over his head because he had been spitting and then pressed his face into the pavement for two minutes, police video shows.
The hoods are intended to protect officers from a detainee’s saliva and have been scrutinized as a factor in the deaths of several prisoners in recent years.
The videos show Prude, his voice muffled by the hood, begging the white officer pushing his head down to let him go. As the officer, Mark Vaughn, says, “Calm down” and “Stop spitting,” Prude’s shouts became anguished whimpers and grunts.
“OK, stop. I need it. I need it,” Prude says.
The officer lets Prude go after about two minutes when he stops moving and falls silent. Officers then notice water coming out of Prude’s mouth and call over waiting medics, who start CPR.
A medical examiner concluded that Prude’s death was a homicide caused by “complications of asphyxia in the setting of physical restraint.” The report lists excited delirium and acute intoxication by phencyclidine, or PCP, as contributing factors.
In his final months, Prude, who was known to his Chicago-based family as “Rell,” had been having mental health problems and had been going back and forth between his Chicago home and his brother’s place in Rochester, relatives said.
“My father should have been met with a mental health specialist. He should not have been killed in the street,” his 18-year-old daughter, Tashyra Prude, said in an interview with The Associated Press. “He did not deserve that. He was treated like an animal. And I want this to be a step toward justice for not only my father, but justice for people like Breonna Taylor, who were killed by the police.”
New York Attorney General Letitia James’ office took over the investigation of the death in April. It is still not complete.
“The Prude family and the greater Rochester community deserve answers, and we will continue to work around the clock to provide them,” James said in a statement Thursday.
Gov. Andrew Cuomo said in a statement that he watched video of Prude’s fatal encounter with police Wednesday night.
“What I saw was deeply disturbing and I demand answers,” he said, adding that he was confident James’ investigation would be thorough. “For the sake of Mr. Prude’s family and the greater Rochester community I am calling for this case to be concluded as expeditiously as possible.”
Demonstrators came out on Thursday evening for a second straight night, about 200 of them gathering near the street corner where Prude was restrained by police. Some activists felt suspending the officers was not enough.
“This is a cover up and honestly our mayor, our police chief, they should be bought up on criminal charges,” said Justin Morris.
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San Francisco police shoot, kill man who they say was approaching officers with apparent firearm National News | Alameda DA to charge Bay Area prosecutor, her biggest political critic, with interfering in fatal police shooting case Earlier Thursday, Prude’s brother, Joe Prude, said all his younger brother wanted that morning was “somebody to grab him up and help him.”
“No matter how you look at the situation, the man was absolutely in his birthday suit, handcuffed behind his back, on the ground already, in freezing weather,” Prude’s brother, Joe Prude, said. “How could you sit here and label that man a threat to you when he’s already cuffed up? How could you throw a bag over his head?
Hill reported from Albany. Associated Press writers Michael R. Sisak, Ted Shaffrey and Jennifer Peltz in New York and Don Babwin in Chicago contributed to this report.


mercurynews--2020-09-04--Judge keeps Kanye West off Virginia ballot

A Virginia judge on Thursday ordered state election officials to keep rapper and producer Kanye West ’ s name off the state ’ s general election ballot in November .
The ruling by Richmond Circuit Judge Joi Taylor granted a temporary injunction after finding that 11 of the elector oaths submitted by West “ were obtained by improper , fraudulent and/or misleading means or are otherwise invalid because of notarial violations and misconduct.
” Taylor ’ s order barred the state elections board from printing West ’ s name on ballots and said officials in any communities where his name @ @ @ @ @ @ @ to voters that he had been disqualified .
West ’ s campaign and his lawyer in the Virginia case , Roanoke attorney Chris Kowalczuk , did not immediately respond to requests for comment late Thursday afternoon .
The action in Virginia comes as questions and legal fights swirl around his quasi-candidacy .
The 43-year-old and his running mate , Wyoming-based spiritual life coach Michelle Tidball , have not engaged in traditional campaigning since West declared his intention to seek the presidency in July .
And Republicans , some with ties to President Donald @ @ @ @ @ @ @ get on the ballot in several states , fueling speculation that GOP interests are seeking to siphon votes from Democratic presidential nominee Joe Biden in key battleground states .
Trump campaign aides have denied involvement in West ’ s political operation .
The rapper ’ s campaign tactics also have faced scrutiny .
As CNN previously has reported , two Virginia men — aided by a Democratic powerhouse law firm — sued for West ’ s removal from the Virginia ballot , arguing they had been duped into signing on as electors for @ @ @ @ @ @ @ campaign .
Virginia Attorney General Mark Herring , a Democrat , also sought the emergency court action this week to block West from appearing on the state ’ s ballot in November ’ s general election as deadlines to print ballots drew closer .
Virginia absentee ballots are slated to be mailed out by September 19 .
West has no chance of capturing the White House .
Even before Thursday ’ s ruling in Virginia , he was not on enough state ballots to come anywhere close to the 270 electoral votes need @ @ @ @ @

By Fredreka Schouten | CNN
A Virginia judge on Thursday ordered state election officials to keep rapper and producer Kanye West’s name off the state’s general election ballot in November.
The ruling by Richmond Circuit Judge Joi Taylor granted a temporary injunction after finding that 11 of the elector oaths submitted by West “were obtained by improper, fraudulent and/or misleading means or are otherwise invalid because of notarial violations and misconduct.”
Taylor’s order barred the state elections board from printing West’s name on ballots and said officials in any communities where his name already had been printed must provide notice to voters that he had been disqualified.
West’s campaign and his lawyer in the Virginia case, Roanoke attorney Chris Kowalczuk, did not immediately respond to requests for comment late Thursday afternoon.
The action in Virginia comes as questions and legal fights swirl around his quasi-candidacy. The 43-year-old and his running mate, Wyoming-based spiritual life coach Michelle Tidball, have not engaged in traditional campaigning since West declared his intention to seek the presidency in July.
And Republicans, some with ties to President Donald Trump, have aided his efforts to get on the ballot in several states, fueling speculation that GOP interests are seeking to siphon votes from Democratic presidential nominee Joe Biden in key battleground states.
Trump campaign aides have denied involvement in West’s political operation.
The rapper’s campaign tactics also have faced scrutiny. As CNN previously has reported, two Virginia men — aided by a Democratic powerhouse law firm — sued for West’s removal from the Virginia ballot, arguing they had been duped into signing on as electors for the fashion and music mogul’s campaign.
Virginia Attorney General Mark Herring, a Democrat, also sought the emergency court action this week to block West from appearing on the state’s ballot in November’s general election as deadlines to print ballots drew closer.
Virginia absentee ballots are slated to be mailed out by September 19.
West has no chance of capturing the White House. Even before Thursday’s ruling in Virginia, he was not on enough state ballots to come anywhere close to the 270 electoral votes need to win the presidency.


mercurynews--2020-09-03--Labor Day: Which beaches are open around the Bay Area

Record heat is forecast to hit the Bay Area and much of California over Labor Day weekend with temperatures expected to reach a sweltering 106 degrees Sunday in San Jose , 114 in Livermore and 111 in Hollister .
But all the beaches are closed , right ?
No , many are open .
But you should check before you head to the coast .
Here ’ s the short version : All beaches in Monterey County are closed from Friday to Monday night .
All beaches in Santa Cruz County , including city beaches and state park beaches , @ @ @ @ @ @ @ through Monday at 5 p.m. — but with two big exceptions .
You can walk across the sand in Monterey and Santa Cruz counties to go surfing , swimming , boogie boarding or kayaking , and the beaches are open in Santa Cruz County from 4 p.m. to 8 p.m. each day .
What ’ s open ?
with a few exceptions , most state park beaches in San Mateo County , Marin County and Sonoma County , along with all the beaches at the Golden Gate National Recreation Area from Fort Funston @ @ @ @ @ @ @ Marin County , and East Bay beaches operated by the East Bay Regional Park District .
Medical experts say the risk of spreading COVID-19 is greater indoors than outdoors .
But parks officials are reminding people not to congregate in groups other than their own families , and to maintain a healthy social distance from others to avoid spreading COVID-19 if they head to the shoreline this weekend .
“ We understand people want to escape the heat wave but we all need to be responsible and do our part during the pandemic @ @ @ @ @ @ @ state parks spokeswoman .
Leave early , bring plenty of water .
It will be hot at the coast also .
• Año Nuevo State Park ( including Gazos Creek Beach ) is closed due to the CZU Fire .
• Other state beaches on the San Mateo Coast , including Pigeon Point , Pescadero , San Gregorio , Pomponio , Bean Hollow , Half Moon Bay and Gray Whale Cove will be open .
• Some San Mateo County beaches are closed , including Fitzgerald Marine Reserve and Tunitas Creek Beach .
@ @ @ @ @ @ @ San Mateo on San Francisco Bay , Mirada Surf in Miramar , are open .
• Beaches in Pacifica are closed on Saturday , Sunday and Monday , including Pacifica State beach ( Linda Mar ) .
• All Golden Gate National Recreation Area beaches , including Ocean Beach , Baker Beach , Crissy Field , Muir Beach , Tennessee Hollow and Stinson Beach , are open .
• All beaches are open except for Point Reyes National Seashore and Tomales Bay State Park , which is closed due to the Woodward Fire @ @ @ @ @ @ @ beaches are open , including Crown Memorial Beach in Alameda and Keller Beach in Richmond .
In Santa Cruz County , sheriff ’ s deputies will be writing tickets , with fines up to $ 1,000 for violators .
The decision to close beaches didn ’ t come from the Santa Cruz County Health Officer , but rather from the Board of Supervisors , which was concerned about crowds of people potentially spreading COVID .
“ The board really wants to discourage congregating and travel by tourists over a busy holiday weekend , @ @ @ @ @ @ @ Hoppin .
“ The population of the county can double on a weekend like Labor Day .
While the beaches are not really a public health issue , it does encourage a lot of people to come to Santa Cruz County and congregate elsewhere — in restaurants , stores and other places .
We want to keep our numbers down .
”

Record heat is forecast to hit the Bay Area and much of California over Labor Day weekend with temperatures expected to reach a sweltering 102 degrees Sunday in San Jose, 111 in Livermore and 112 in Gilroy.
But all the beaches are closed, right?
No, many are open. But you should check before you head to the coast.
Here’s the short version: All beaches in Monterey County are closed from Friday to Monday night. All beaches in Santa Cruz County, including city beaches and state park beaches, are closed from Saturday at 5 a.m. through Monday at 7 p.m. — but with two big exceptions. You can walk across the sand in Monterey and Santa Cruz counties to go surfing, swimming, boogie boarding or kayaking, and the beaches are open in Santa Cruz County from 4 p.m. to 8 p.m. on Saturday and Sunday.
What’s open? With a few exceptions, most state park beaches in San Mateo County, Marin County and Sonoma County, along with all the beaches at the Golden Gate National Recreation Area from Fort Funston near San Francisco to Stinson Beach in Marin County, and East Bay beaches operated by the East Bay Regional Park District.
Medical experts say the risk of spreading COVID-19 is greater indoors than outdoors. But parks officials are reminding people not to congregate in groups other than their own families, and to maintain a healthy social distance from others to avoid spreading COVID-19 if they head to the shoreline this weekend.
“We understand people want to escape the heat wave but we all need to be responsible and do our part during the pandemic,” said Gloria Sandoval, a state parks spokeswoman.
Leave early, bring plenty of water. It will be hot at the coast also.
Here’s the list:
San Mateo County
Año Nuevo State Park (including Gazos Creek Beach) is closed due to the CZU Fire.
Other state beaches on the San Mateo Coast, including Pigeon Point, Pescadero, San Gregorio, Pomponio, Bean Hollow, Half Moon Bay and Gray Whale Cove will be open.
Some San Mateo County beaches are closed, including Fitzgerald Marine Reserve and Tunitas Creek Beach. Others, such as Coyote Point in San Mateo on San Francisco Bay, Mirada Surf in Miramar, are open.
Beaches in Pacifica are closed on Saturday, Sunday and Monday, including Pacifica State beach (Linda Mar).
San Francisco County
All Golden Gate National Recreation Area beaches, including Ocean Beach, Baker Beach, Crissy Field, Muir Beach, Tennessee Valley and Stinson Beach, are open. Update: San Francisco city officials and park service managers closed the parking lot at Ocean Beach on Sunday morning after more than 1,000 people gathered there Saturday night to hold a local version of Burning Man, raising concerns about social distancing.
Marin County
All beaches are open except for Point Reyes National Seashore and Tomales Bay State Park, which is closed due to the Woodward Fire.
Sonoma County
All beaches are open
East Bay
East Bay Regional Park District beaches are open, including Crown Memorial Beach in Alameda and Keller Beach in Richmond.
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“The board really wants to discourage congregating and travel by tourists over a busy holiday weekend,” said Santa Cruz County spokesman Jason Hoppin. “The population of the county can double on a weekend like Labor Day. While the beaches are not really a public health issue, it does encourage a lot of people to come to Santa Cruz County and congregate elsewhere — in restaurants, stores and other places. We want to keep our numbers down.”


mercurynews--2020-09-03--‘Monumental failure’: San Jose won’t charge protesters arrested for curfew violations

Three months after protesters took to the streets over the police killing of George Floyd , San Jose officials have decided not to prosecute those arrested on allegations of violating curfew or ignoring orders to disperse during the summer demonstrations .
In a confidential memo sent to city leaders on Thursday , Acting City Attorney Nora Frimann said a 1993 court case regarding a curfew order issued during the Rodney King riots in Los Angeles put the legality of some of the dozens of arrests made for San Jose curfew violations into question and served as one of the key @ @ @ @ @ @ @ .
The case — People v. Continola — overturned three test cases involving people arrested for merely walking on the streets or being in their cars after curfew .
The judges at the time ruled that police should have limited their crackdown on the curfew order to individuals whose actions threatened to “ imperil lives or property or prevent , hinder or delay ” police or fire personnel — none of which the three individuals represented in the case were involved in .
San Jose Police Chief Eddie Garcia — frustrated by the @ @ @ @ @ @ @ was the first he had heard of the case .
“ Shouldn ’ t we have heard about it as we were writing the ordinance or having conversations about it with the council ?
” Garcia said in an interview Thursday .
“ To have an ordinance that at the end of it doesn ’ t have any teeth to it serves little purpose.
” Following two nights of chaotic , and at times violent protests , San Jose enacted an 8:30 p.m. curfew just hours before it went into effect on May @ @ @ @ @ @ @ four-night-long curfew , cops used forceful tactics to arrest dozens of protests for violating it — at times without an apparent effort to distinguish between passive bystanders and those potentially engaged in crime — and detained at least two journalists , including a Mercury News reporter , despite an explicit exemption for news media , police officers , firefighters , utility employees and certain other essential workers .
Garcia has admitted that many officers lacked an adequate briefing before they were tasked with enforcing the order and that his department , at times @ @ @ @ @ @ @ initially handled the protests .
Still , he said , the curfew worked .
“ It ’ s tough to figure out how we will deal with these situations in the future because , to me , it seems like this was one of the least forceful of all the tools we have , ” he said about the curfew , comparing it to rubber bullets and batons .
But JT Stukes , a 37-year-old San Jose resident who spent four nights outside of City Hall protesting the death of George Floyd and @ @ @ @ @ @ @ merits of the curfew order .
While peacefully protesting past the curfew on June 2 , Stukes was repeatedly hit with rounds of rubber bullets while other people across the street — picking up food at a nearby restaurant or walking around town — were left to go about their business .
“ I find it , in general , very scary that this was even able to happen without more outrage , ” he said about the curfew order .
“ It was a blatant violation of the first amendment and the @ @ @ @ @ @ @ San Jose to drop the curfew violation charges comes months after cities and counties across California , including Los Angeles , Sacramento and Alameda counties , made similar decisions to drop all charges related to curfew violations during the George Floyd protests that began in late-May .
Some people facing charges in addition to the curfew violation — such as burglary , vandalism and assault — will still have the other charges sent to the Santa Clara County District Attorney ’ s Office for review and potential prosecution .
Paul Kelly , president @ @ @ @ @ @ @ , in a statement called the decision to drop charges related to curfew violations a “ monumental failure in leadership ” that put the city ’ s police officers “ in harm ’ s way ” and led to numerous “ needless confrontations ” between police and community members .
“ City leaders need to figure out that not all protesters are peaceful and that some seek to cause harm and destruction , ” Kelly said in the statement .
“ Those that do must be held accountable instead of being appeased .
@ @ @ @ @ @ @ get to Home Depot and buy enough paint and home repair supplies because the unruly de-fund the police mob is headed to their homes next ( alluding to graffiti drawn on San Jose Mayor Sam Liccardo ’ s house over the weekend ) .
” The city ’ s decision was only made public early Thursday morning due to an inquiry from San Jose Inside related to apparent curfew violations from Mayor Sam Liccardo , who was documented on a fitness app riding his bike past curfew on three of the four nights @ @ @ @ @ @ @ a California State Assembly candidate who was arrested for violating the curfew , said he still has yet to recieve any official letter or call from the city indicating that his charge was dropped .
His court date is in a month .
“ It ’ s quite nervewracking , ” Lee said in an interview Thursday .
“ I ’ m sure that many people will be in the dark about this until an official word is sent out — and that should be the bare minimum.
” When first asked about @ @ @ @ @ @ @ Acting City Attorney Nora Frimann said it was a “ matter of gathering the citations , reviewing them and making a prosecutorial decision ” — although she would not elaborate on what that meant .
In response to the question about the city ’ s change of mind , Frimann said “ I don ’ t know that anything changed.
” “ It was a tool , but whether or not we were going to prosecute on it was a decision we were going to make later , ” she said .
Later @ @ @ @ @ @ @ that she sent to city leaders earlier in the day , she confirmed that the 1993 Rodney King riot case was a component of the city ’ s consideration during its “ legal analysis ” of the course of the last three months Sarah Marinho , a San Jose-based attorney representing several people injured by San Jose officer during the protests , scolded city officials for not taking into account the toll their decisions have put on the dozens of people arrested .
“ I don ’ t know if they realize or @ @ @ @ @ @ @ notified to appear in court and that they ’ re facing charges , that ’ s a stressful thing , ” Marinho said .
“ So the city sitting on this for three months — after they never should have enforced it to begin with — is appalling.
” Although the city attorney said her department was working on getting the information out to people for the last couple of weeks , Marinho called the timing of it “ a bad look.
” City officials did not confirm that they were dropping the @ @ @ @ @ @ @ San Jose Inside reporter approached them about Liccardo ’ s workout logs on the fitness app Strava .
From May 31 to June 3 , the mayor ’ s Strava account showed that he was in violation of the order on three days — by 17 minutes one night , eight minutes another night and five minutes the final night .
In a statement issued to the media , Liccardo responded , “ if somebody tracking my online cycling account now asserts that several months ago , I rode my bike for five @ @ @ @ @ @ @ assuming that I actually remembered to turn off the tracker immediately upon stopping — they ’ re probably right .
“ I ’ ll own it , and I can only presume that I miscalculated the duration of my return trip , and I apologize for my five-minute transgression , ” he continued .
Marinho said it ’ s an example of what she sees as the main problem with the city ’ s curfew order — discriminatory enforcement .
“ How come he gets to live his life and not think twice @ @ @ @ @ @ @ out that night to speak out against the sanctioned murder of a black man were being shot at with rubber bullets and arrested ?
” she said .
“ That is what ’ s outrageous .
”

Three months after protesters took to the streets over the police killing of George Floyd, San Jose officials have decided not to prosecute those arrested on allegations of violating curfew or ignoring orders to disperse during the summer demonstrations.
In a confidential memo sent to city leaders on Thursday, Acting City Attorney Nora Frimann said a 1993 court case regarding a curfew order issued during the Rodney King riots in Los Angeles put the legality of some of the dozens of arrests made for San Jose curfew violations into question and served as one of the key factors in the city’s decision.
The case, People v. Continola, overturned three test cases involving people arrested for merely walking on the streets or being in their cars after curfew. The judges at the time ruled that police should have limited their crackdown on the curfew order to individuals whose actions threatened to “imperil lives or property or prevent, hinder or delay” police or fire personnel — none of which the three individuals represented in the case were involved in.
San Jose Police Chief Eddie Garcia — frustrated by the city’s decision — said this was the first he had heard of the case.
“Shouldn’t we have heard about it as we were writing the ordinance or having conversations about it with the council?” Garcia said in an interview Thursday. “To have an ordinance that at the end of it doesn’t have any teeth to it serves little purpose.”
Following two nights of chaotic, and at times violent protests, San Jose enacted an 8:30 p.m. curfew just hours before it went into effect on May 31. Over the course of the four-night-long curfew, cops used forceful tactics to arrest dozens of protests for violating it — at times without an apparent effort to distinguish between passive bystanders and those potentially engaged in crime — and detained at least two journalists, including a Mercury News reporter, despite an explicit exemption for news media, police officers, firefighters, utility employees and certain other essential workers.
Garcia has admitted that many officers lacked an adequate briefing before they were tasked with enforcing the order and that his department, at times, made tactical errors with how they initially handled the protests. Still, he said, the curfew worked.
“It’s tough to figure out how we will deal with these situations in the future because, to me, it seems like this was one of the least forceful of all the tools we have,” he said about the curfew, comparing it to rubber bullets and batons.
But JT Stukes, a 37-year-old San Jose resident who spent four nights outside of City Hall protesting the death of George Floyd and police brutality, strongly disagreed about the merits of the curfew order.
While peacefully protesting past the curfew on June 2, Stukes was repeatedly hit with rounds of rubber bullets while other people across the street — picking up food at a nearby restaurant or walking around town — were left to go about their business.
“I find it, in general, very scary that this was even able to happen without more outrage,” he said about the curfew order. “It was a blatant violation of the first amendment and the freedom of speech.”
The move by San Jose to drop the curfew violation charges comes months after cities and counties across California, including Los Angeles, Sacramento and Alameda counties, made similar decisions to drop all charges related to curfew violations during the George Floyd protests that began in late-May.
Some people facing charges in addition to the curfew violation — such as burglary, vandalism and assault — will still have the other charges sent to the Santa Clara County District Attorney’s Office for review and potential prosecution.
Paul Kelly, president of the San Jose Police Officers Association, in a statement called the decision to drop charges related to curfew violations a “monumental failure in leadership” that put the city’s police officers “in harm’s way” and led to numerous “needless confrontations” between police and community members.
“City leaders need to figure out that not all protesters are peaceful and that some seek to cause harm and destruction,” Kelly said in the statement. “Those that do must be held accountable instead of being appeased. Otherwise, the Mayor and Councilmembers better get to Home Depot and buy enough paint and home repair supplies because the unruly de-fund the police mob is headed to their homes next (alluding to graffiti drawn on San Jose Mayor Sam Liccardo’s house over the weekend).”
The city’s decision was only made public early Thursday morning due to an inquiry from San Jose Inside related to apparent curfew violations from Mayor Sam Liccardo, who was documented on a fitness app riding his bike past curfew on three of the four nights of the curfew.
Alex Lee, a California State Assembly candidate who was arrested for violating the curfew, said he still has yet to recieve any official letter or call from the city indicating that his charge was dropped. His court date is in a month.
“It’s quite nervewracking,” Lee said in an interview Thursday. “I’m sure that many people will be in the dark about this until an official word is sent out — and that should be the bare minimum.”
When first asked about the decision to drop the charges, Acting City Attorney Nora Frimann said it was a “matter of gathering the citations, reviewing them and making a prosecutorial decision” — although she would not elaborate on what that meant.
In response to the question about the city’s change of mind, Frimann said “I don’t know that anything changed.”
“It was a tool, but whether or not we were going to prosecute on it was a decision we were going to make later,” she said.
Later, when confronted about the confidential memo that she sent to city leaders earlier in the day, she confirmed that the 1993 Rodney King riot case was a component of the city’s consideration during its “legal analysis” of the course of the last three months
Sarah Marinho, a San Jose-based attorney representing several people injured by San Jose officer during the protests, scolded city officials for not taking into account the toll their decisions have put on the dozens of people arrested.
“I don’t know if they realize or care, but when someone has been notified to appear in court and that they’re facing charges, that’s a stressful thing,” Marinho said. “So the city sitting on this for three months — after they never should have enforced it to begin with — is appalling.”
Although the city attorney said her department was working on getting the information out to people for the last couple of weeks, Marinho called the timing of it “a bad look.”
City officials did not confirm that they were dropping the cases until late Wednesday — when a San Jose Inside reporter approached them about Liccardo’s workout logs on the fitness app Strava.
From May 31 to June 3, the mayor’s Strava account showed that he was in violation of the order on three days — by 17 minutes one night, eight minutes another night and five minutes the final night.
In a statement issued to the media, Liccardo responded, “if somebody tracking my online cycling account now asserts that several months ago, I rode my bike for five minutes beyond the curfew, then — assuming that I actually remembered to turn off the tracker immediately upon stopping — they’re probably right.
“I’ll own it, and I can only presume that I miscalculated the duration of my return trip, and I apologize for my five-minute transgression,” he continued.
Marinho said it’s an example of what she sees as the main problem with the city’s curfew order — discriminatory enforcement.
“How come he gets to live his life and not think twice about it, yet people who were out that night to speak out against the sanctioned murder of a black man were being shot at with rubber bullets and arrested?” she said. “That is what’s outrageous.”