courthousenews--2020-10-15--Oversight Panel Calls on LA Sheriff Alex Villanueva to Resign

LOS ANGELES ( CN ) — The Los Angeles County Sheriff ’ s Department watchdog group voted unanimously Thursday to demand Sheriff Alex Villanueva resign immediately , saying his obstruction of accountability and reform efforts and his inability to rid the department of deputy gangs has shut the door on cordial oversight .
Since being elected on a reform platform in 2018 , Villanueva embraced a recalcitrant posture , sparking feuds with county leaders over budget and transparency issues , removing constitutional policing advisers and attempting to delegitimize efforts to hold his department accountable , said the LA County Civilian @ @ @ @ @ @ @ requests to attend COC meetings and has impeded county Inspector General Max Huntsman ’ s audits of LASD police shooting investigations , actions that further undermine community trust in the department , the COC said .
“ Sheriff Villanueva ’ s inability to ensure transparent , thorough and independent investigations of deputy-involved shootings erodes public trust in the process and the validity of the conclusions reached as a result of such investigations , ” the 4-page resolution said .
An LASD spokesperson did not immediately respond to a request for comment on the @ @ @ @ @ @ @ stated previously the COC lacks any authority to issue mandates to LASD since they ’ re unelected appointees of the LA County Board of Supervisors , which also can not directly control the department or fire its leader .
The sheriff has also said COC members have unreported conflicts of interest due to their connections with community organizations that advocate for victims of police violence .
The commissioners ’ action Thursday is the latest in a long power struggle between county officials and the law enforcement leader who arrived in office on the @ @ @ @ @ @ @ with county residents after decades of police violence .
The COC voted in May to sue Villanueva after he defied their subpoena to testify on his plan to protect incarcerated people against Covid-19 infection in county jails .
The case is pending in LA County Superior Court .
During the virtual meeting , commissioners initially backed a resolution avoiding a resignation demand and instead expressing “ grave concerns ” over Villanueva ’ s actions , a move meant to leave open the possibility of diplomacy .
But commissioners , including chair Lael Rubin @ @ @ @ @ @ @ s lack of teeth and said a stronger message would demonstrate a seriousness in wanting to see major reforms at the LASD .
“ I ’ ve given this a lot of thought and I don ’ t think he has any intention of making things better , ” Rubin said .
“ I can do nothing else but urge that this commission vote that it ’ s our position that he should resign.
” Commissioner Robert Bonner , a former federal judge and commissioner of U.S. Customs and Border Protection , agreed @ @ @ @ @ @ @ in the best interest of residents and of the county of Los Angeles that Sheriff Villanueva resign , ” Bonner said .
A prepared statement shared by LASD officer Shawn DuBusky said Villanueva recently met with Rubin , but not the full COC , to discuss the oversight process and that department members frequently attend COC meetings .
The statement defended Villanueva ’ s relationship with the COC .
“ This meritless politically motivated attack is unsupported by real facts and remains a shameless repeat of the same spectacle played out on September @ @ @ @ @ @ @ said .
“ Despite this political theater , Sheriff Villanueva will continue being the most accessible and transparent sheriff in the history of Los Angeles County.
” In the COC ’ s meeting last month , Bonner — a former head of the Drug Enforcement Administration — decried Villanueva ’ s attitude toward county officials and made the first motion calling for his resignation .
Commissioner Priscilla Ocen said Villanueva can not be excused for his comments defending police violence against protesters and journalists , including the recent arrest of KPCC reporter Josie @ @ @ @ @ @ @ to identify herself as a reporter , a claim that was disproven by video evidence of her arrest , and that she crossed from journalism to “ activism ” when she recorded officers arresting a protester .
Huntsman has told commissioners LASD is impeding his investigation into Huang ’ s arrest .
“ To say we have grave concerns is an understatement , ” Ocen said Thursday .
“ I don ’ t have confidence in his leadership.
” Members of the public expressed outrage with Villanueva and told the commission that operating @ @ @ @ @ @ @ participant in COC proceedings is a fruitless endeavor .
“ The door is closed ; it ’ s shut , it ’ s locked , ” Andres Kwon , an attorney with the American Civil Liberties Union , told the commission .
“ In fact , there is no door at all .
Sheriff Villanueva has built a wall.
” The commissioners ’ resolution blasts Villanueva for failing to fully investigate and clear out deputy gangs from department ranks and for blocking Huntsman ’ s investigation of the secret groups .
“ Members @ @ @ @ @ @ @ command , promote violence against residents and colleagues , celebrate Nazi symbols and have cost the county millions of dollars to settle claims related to misconduct by alleged gang members , ” the resolution said .
Huntsman told commissioners Thursday he has seen no evidence Villanueva is taking seriously the work of clamping down on deputy gangs , which include the Banditos , the 3000 Boys , the Regulators and the Lynwood Vikings .
Villanueva said in August he won ’ t block officers from forming or joining a clique or gang because @ @ @ @ @ @ @ work , but that he won ’ t tolerate when those groups are linked to misconduct against the public or other officers .
The resolution also says Villanueva blocked or impeded speedy implementation of department reforms such as police-worn cameras , and rehired officers who were previously fired for misconduct or domestic violence .
On Oct. 5 , a California judge ruled that Villanueva acted outside his authority when he rehired officer Caren Carl Mandoyan , a move that sparked tension with county leaders early in the sheriff ’ s tenure .
Mandoyan @ @ @ @ @ @ @ Grim Reapers officer gang out of the LASD South Los Angeles station , according to the LA Times .

The Los Angeles County Sheriff’s Department watchdog group voted unanimously Thursday to demand Sheriff Alex Villanueva resign immediately, saying his obstruction of accountability and reform efforts and his inability to rid the department of deputy gangs has shut the door on cordial oversight.
LOS ANGELES (CN) — The Los Angeles County Sheriff’s Department watchdog group voted unanimously Thursday to demand Sheriff Alex Villanueva resign immediately, saying his obstruction of accountability and reform efforts and his inability to rid the department of deputy gangs has shut the door on cordial oversight.
Since being elected on a reform platform in 2018, Villanueva embraced a recalcitrant posture, sparking feuds with county leaders over budget and transparency issues, removing constitutional policing advisers and attempting to delegitimize efforts to hold his department accountable, said the LA County Civilian Oversight Commission resolution.
Villanueva repeatedly ignored requests to attend COC meetings and has impeded county Inspector General Max Huntsman’s audits of LASD police shooting investigations, actions that further undermine community trust in the department, the COC said.
“Sheriff Villanueva’s inability to ensure transparent, thorough and independent investigations of deputy-involved shootings erodes public trust in the process and the validity of the conclusions reached as a result of such investigations,” the 4-page resolution said.
An LASD spokesperson did not immediately respond to a request for comment on the COC’s vote.
Villanueva has stated previously the COC lacks any authority to issue mandates to LASD since they’re unelected appointees of the LA County Board of Supervisors, which also cannot directly control the department or fire its leader.
The sheriff has also said COC members have unreported conflicts of interest due to their connections with community organizations that advocate for victims of police violence.
The commissioners’ action Thursday is the latest in a long power struggle between county officials and the law enforcement leader who arrived in office on the promise of enacting reforms and rebuilding trust with county residents after decades of police violence.
The COC voted in May to sue Villanueva after he defied their subpoena to testify on his plan to protect incarcerated people against Covid-19 infection in county jails. The case is pending in LA County Superior Court.
During the virtual meeting, commissioners initially backed a resolution avoiding a resignation demand and instead expressing “grave concerns” over Villanueva’s actions, a move meant to leave open the possibility of diplomacy.
But commissioners, including chair Lael Rubin, were dissatisfied with the resolution’s lack of teeth and said a stronger message would demonstrate a seriousness in wanting to see major reforms at the LASD.
“I’ve given this a lot of thought and I don't think he has any intention of making things better,” Rubin said. “I can do nothing else but urge that this commission vote that it's our position that he should resign.”
Commissioner Robert Bonner, a former federal judge and commissioner of U.S. Customs and Border Protection, agreed.
“I think it's in the best interest of residents and of the county of Los Angeles that Sheriff Villanueva resign,” Bonner said.
A prepared statement shared by LASD officer Shawn DuBusky said Villanueva recently met with Rubin, but not the full COC, to discuss the oversight process and that department members frequently attend COC meetings.
The statement defended Villanueva’s relationship with the COC.
“This meritless politically motivated attack is unsupported by real facts and remains a shameless repeat of the same spectacle played out on September 17, 2020,” the statement said. “Despite this political theater, Sheriff Villanueva will continue being the most accessible and transparent sheriff in the history of Los Angeles County.”
In the COC’s meeting last month, Bonner — a former head of the Drug Enforcement Administration — decried Villanueva’s attitude toward county officials and made the first motion calling for his resignation.
Commissioner Priscilla Ocen said Villanueva cannot be excused for his comments defending police violence against protesters and journalists, including the recent arrest of KPCC reporter Josie Huang.
Villanueva said previously Huang failed to identify herself as a reporter, a claim that was disproven by video evidence of her arrest, and that she crossed from journalism to “activism” when she recorded officers arresting a protester.
Huntsman has told commissioners LASD is impeding his investigation into Huang’s arrest.
“To say we have grave concerns is an understatement,” Ocen said Thursday. “I don't have confidence in his leadership.”
Members of the public expressed outrage with Villanueva and told the commission that operating as if the sheriff is an earnest participant in COC proceedings is a fruitless endeavor.
“The door is closed; it's shut, it's locked,” Andres Kwon, an attorney with the American Civil Liberties Union, told the commission. “In fact, there is no door at all. Sheriff Villanueva has built a wall.”
The commissioners’ resolution blasts Villanueva for failing to fully investigate and clear out deputy gangs from department ranks and for blocking Huntsman’s investigation of the secret groups.
“Members of these cliques/gangs subvert the chain of command, promote violence against residents and colleagues, celebrate Nazi symbols and have cost the county millions of dollars to settle claims related to misconduct by alleged gang members,” the resolution said.
Huntsman told commissioners Thursday he has seen no evidence Villanueva is taking seriously the work of clamping down on deputy gangs, which include the Banditos, the 3000 Boys, the Regulators and the Lynwood Vikings.
Villanueva said in August he won’t block officers from forming or joining a clique or gang because it alleviates the mental toll from police work, but that he won’t tolerate when those groups are linked to misconduct against the public or other officers.
The resolution also says Villanueva blocked or impeded speedy implementation of department reforms such as police-worn cameras, and rehired officers who were previously fired for misconduct or domestic violence.
On Oct. 5, a California judge ruled that Villanueva acted outside his authority when he rehired officer Caren Carl Mandoyan, a move that sparked tension with county leaders early in the sheriff’s tenure.
Mandoyan has admitted to having ties to the Grim Reapers officer gang out of the LASD South Los Angeles station, according to the LA Times.


courthousenews--2020-10-15--C-SPAN Suspends Scully After He Admits to Lie About Hack

NEW YORK ( AP ) — C-SPAN suspended its political editor Steve Scully indefinitely Thursday after he admitted to lying about his Twitter feed being hacked when he was confronted about a questionable exchange with former Trump aide Anthony Scaramucci .
The news came on the day of what was supposed to be a career highlight for the 30-year C-SPAN veteran .
Scully was to moderate the second debate between President Donald Trump and Democrat Joe Biden , which was canceled after Trump would not agree to a virtual format because of his COVID-19 diagnosis .
A week ago , @ @ @ @ @ @ @ “ never Trumper , ” Scully tweeted “ @ Scaramucci should I respond to Trump.
” Scaramucci , a former Trump communications director and now a critic of the president , advised Scully to ignore him .
Scully said that when he saw his tweet had created a controversy , “ I falsely claimed that my Twitter account had been hacked.
” He had been frustrated by Trump ’ s comments and several weeks of criticism on social media and conservative news outlets about his role as moderator , including attacks directed at @ @ @ @ @ @ @ These were both errors in judgement for which I am totally responsible for , ” Scully said .
“ I apologize.
” He said he let down his colleagues at C-SPAN , fellow news professionals and the debate commission .
“ I ask for their forgiveness as I try to move forward in a moment of reflection and disappointment in myself , ” he said .
C-SPAN said Scully confessed to lying about the hack on Wednesday .
“ He understands that he made a serious mistake , ” the network said .
@ @ @ @ @ @ @ news and do not condone his actions.
” Trump seized on the news , tweeting “ I was right again !
I was right again !
Steve Scully just admitted he was lying about his Twitter being hacked .
The Debate was Rigged !
” The debate commission did not immediately return a message seeking comment .
Scully has led the network ’ s presidential election coverage since 1992 , but the suspension means he won ’ t be part of C-SPAN ’ s election night programming .
Scully has been the moderator @ @ @ @ @ @ @ weekly call-in program , and regularly hosted other C-SPAN programs .
The network said Scully has consistently demonstrated fairness and professionalism , and built a reservoir of good will .
“ After some distance from this episode , we believe in his ability to continue to contribute to C-SPAN , ” the network said .

C-SPAN suspended its political editor Steve Scully indefinitely Thursday after he admitted to lying about his Twitter feed being hacked when he was confronted about a questionable exchange with former Trump aide Anthony Scaramucci.
NEW YORK (AP) — C-SPAN suspended its political editor Steve Scully indefinitely Thursday after he admitted to lying about his Twitter feed being hacked when he was confronted about a questionable exchange with former Trump aide Anthony Scaramucci.
The news came on the day of what was supposed to be a career highlight for the 30-year C-SPAN veteran. Scully was to moderate the second debate between President Donald Trump and Democrat Joe Biden, which was canceled after Trump would not agree to a virtual format because of his COVID-19 diagnosis.
A week ago, after Trump had criticized him as a "never Trumper," Scully tweeted "@Scaramucci should I respond to Trump." Scaramucci, a former Trump communications director and now a critic of the president, advised Scully to ignore him.
Scully said that when he saw his tweet had created a controversy, "I falsely claimed that my Twitter account had been hacked."
He had been frustrated by Trump's comments and several weeks of criticism on social media and conservative news outlets about his role as moderator, including attacks directed at his family, he said.
"These were both errors in judgement for which I am totally responsible for," Scully said. "I apologize."
He said he let down his colleagues at C-SPAN, fellow news professionals and the debate commission. "I ask for their forgiveness as I try to move forward in a moment of reflection and disappointment in myself," he said.
C-SPAN said Scully confessed to lying about the hack on Wednesday.
"He understands that he made a serious mistake," the network said. "We were very saddened by this news and do not condone his actions."
Trump seized on the news, tweeting "I was right again! I was right again! Steve Scully just admitted he was lying about his Twitter being hacked. The Debate was Rigged!"
The debate commission did not immediately return a message seeking comment.
Scully has led the network's presidential election coverage since 1992, but the suspension means he won't be part of C-SPAN's election night programming. Scully has been the moderator of "Washington Journal," the weekly call-in program, and regularly hosted other C-SPAN programs.
The network said Scully has consistently demonstrated fairness and professionalism, and built a reservoir of good will.
"After some distance from this episode, we believe in his ability to continue to contribute to C-SPAN," the network said.
By DAVID BAUDER AP Media Writer


courthousenews--2020-10-15--Biden Holds Narrow Lead in Arizona, Polls Show

( CN ) — Two polls out Wednesday show former Vice President Joe Biden leading President Donald Trump in the Republican stronghold Arizona — but one shows a narrowing lead while both are within the margin of error .
The Monmouth University Polling Institute and OH Predictive Insights surveys show the president ’ s support slipping since September in a state no Democrat has won since Bill Clinton in 1996 .
And if Democrat Mark Kelly ’ s lead over incumbent Senator Martha McSally holds , Arizona would have two Democratic senators for the first time since 1953 .
“ @ @ @ @ @ @ @ slightly better than Clinton did with Latino voters and possibly white voters as well , ” said Patrick Murray , director of the Monmouth University Polling Institute .
“ Those shifts would be enough for a victory if these numbers hold.
” The Monmouth poll taken Oct. 9-13 shows Biden leading Trump 50 % to 44 % with a margin of error of plus or minus 4.4 percentage points , and an Oct. 4-8 survey from the Phoenix research firm OH Predictive Insights has Biden leading the president 49 % to 45 % @ @ @ @ @ @ @ or minus 4 percentage points.. Monmouth had the former longtime Delaware senator leading Trump 48 % to 44 % a month ago and 46 to 44 % just before the state ’ s March primary .
A September OH poll had Biden leading 52 % to 42 % .
For the first time in its monthly poll , OH included Libertarian Jo Jorgensen .
The Clemson University instructor drew 4 % support in the OH poll and 2 % in the Monmouth poll .
Jorgensen could make a difference in a tight race @ @ @ @ @ @ @ of voters are registered as independents .
Their support is key in any statewide race .
Jorgensen appears to bleed slightly more support from Trump than Biden .
When the Libertarian was excluded from the choices , 50 % chose Biden and 47 % chose Trump , the OH poll showed .
Loyalty to Trump among Arizona Republicans has slipped since his narrow 2016 win over former Secretary of State Hillary Clinton , according to OH .
While 97 % of 2016 Clinton voters polled plan to vote for Biden , just 87 @ @ @ @ @ @ @ .
And while just 4 % of Clinton voters plan to vote for the president , 7 % of Trump ’ s 2016 voters plan to vote for Biden , the OH poll showed .
High turnout would help Biden , according to Monmouth .
With high turnout , 51 % would go to the former Delaware senator and 44 % for Trump , but with lower turnout Biden would get 49 % to 47 % for Trump , the institute predicted .
Arizona ’ s Senate race between retired combat pilots — @ @ @ @ @ @ @ the Air Force — is also leaning blue , both polls showed .
OH shows Kelly , a former space shuttle commander , leading the first woman to fly a U.S. combat mission 50 % to 45 % , and the Monmouth survey had the state ’ s junior senator trailing 52 % to 42 % .
Although Kelly and McSally , appointed in 2018 to replace Senator John McCain who died in office , have almost identical support in their own parties , McSally trails 62 % to 28 % among independents @ @ @ @ @ @ @ ’ s base strategy has finally started paying dividends , ” said Mike Noble , OH Predictive ’ s chief of research .
“ However , by playing this game , she has lost major ground with Independents.
” McSally has more than 50 % support among rural voters ( 51 % ) ; those 55 or older ( 54 % ) ; and non-college educated voters ( 54 % ) .
Kelly had 50 % or better support in the population centers of Pima ( 59 % ) and Maricopa ( 50 @ @ @ @ @ @ @ 55 ( 55 % ) ; and those with college degrees ( 59 % ) , the OH poll showed .
The Monmouth poll showed McSally ’ s support jumping among voters aged 50-64 , from 38 % in September to 51 % this month , while Kelly ’ s dipped from 56 % a month ago to 45 % .
Monmouth also showed Kelly leading 56 % to 37 % among voters under 50 , a shift from McSally ’ s 48 % to 45 % lead in September .
Overall , @ @ @ @ @ @ @ see McSally as too supportive of Trump ( 49 % ) than to see Kelly as beholden to the left ( 47 % ) , the Monmouth poll showed .
But among independent voters , 57 % see McSally as too supportive of the president and just 37 % think Kelly would favor the left .
“ Both campaigns have been trying to paint their opponents in a negative light , ” Murray said .
“ Among that all-important group of independent voters , the image of McSally as a rubberstamp for Trump @ @ @ @ @ @ @ as in lockstep with the left.
” Both polls showed growing support for Arizona ’ s cannabis legalization measure , which would allow anyone over 21 to carry up to an ounce of cannabis and grow six plants .
While the voter initiative drew equal support and opposition in a September OH poll , the October survey shows 55 % support and 37 % opposition .
Support also grew in the Monmouth poll .
A September Monmouth poll showed 51 % support and 41 % opposition to the adult-use cannabis law , while @ @ @ @ @ @ @ and 36 % opposition .
Early voting in Arizona kicked off last week .

Two polls out Wednesday show former Vice President Joe Biden leading President Donald Trump in the Republican stronghold Arizona — but one shows a narrowing lead while both are within the margin of error.
(CN) — Two polls out Wednesday show former Vice President Joe Biden leading President Donald Trump in the Republican stronghold Arizona — but one shows a narrowing lead while both are within the margin of error.
The Monmouth University Polling Institute and OH Predictive Insights surveys show the president’s support slipping since September in a state no Democrat has won since Bill Clinton in 1996. And if Democrat Mark Kelly’s lead over incumbent Senator Martha McSally holds, Arizona would have two Democratic senators for the first time since 1953.
“Biden is currently on track to do slightly better than Clinton did with Latino voters and possibly white voters as well,” said Patrick Murray, director of the Monmouth University Polling Institute. “Those shifts would be enough for a victory if these numbers hold.”
The Monmouth poll taken Oct. 9-13 shows Biden leading Trump 50% to 44% with a margin of error of plus or minus 4.4 percentage points, and an Oct. 4-8 survey from the Phoenix research firm OH Predictive Insights has Biden leading the president 49% to 45% with a margin of error of plus or minus 4 percentage points..
Monmouth had the former longtime Delaware senator leading Trump 48% to 44% a month ago and 46 to 44% just before the state’s March primary. A September OH poll had Biden leading 52% to 42%.
For the first time in its monthly poll, OH included Libertarian Jo Jorgensen.
The Clemson University instructor drew 4% support in the OH poll and 2% in the Monmouth poll. Jorgensen could make a difference in a tight race in Arizona, where roughly a third of voters are registered as independents. Their support is key in any statewide race.
Jorgensen appears to bleed slightly more support from Trump than Biden. When the Libertarian was excluded from the choices, 50% chose Biden and 47% chose Trump, the OH poll showed.
Loyalty to Trump among Arizona Republicans has slipped since his narrow 2016 win over former Secretary of State Hillary Clinton, according to OH.
While 97% of 2016 Clinton voters polled plan to vote for Biden, just 87% of Trump voters plan to repeat. And while just 4% of Clinton voters plan to vote for the president, 7% of Trump’s 2016 voters plan to vote for Biden, the OH poll showed.
High turnout would help Biden, according to Monmouth. With high turnout, 51% would go to the former Delaware senator and 44% for Trump, but with lower turnout Biden would get 49% to 47% for Trump, the institute predicted.
Arizona’s Senate race between retired combat pilots — Kelly from the Navy and McSally from the Air Force — is also leaning blue, both polls showed.
OH shows Kelly, a former space shuttle commander, leading the first woman to fly a U.S. combat mission 50% to 45%, and the Monmouth survey had the state’s junior senator trailing 52% to 42%.
Although Kelly and McSally, appointed in 2018 to replace Senator John McCain who died in office, have almost identical support in their own parties, McSally trails 62% to 28% among independents, OH said.
“Martha McSally’s base strategy has finally started paying dividends,” said Mike Noble, OH Predictive’s chief of research. “However, by playing this game, she has lost major ground with Independents.”
McSally has more than 50% support among rural voters (51%); those 55 or older (54%); and non-college educated voters (54%). Kelly had 50% or better support in the population centers of Pima (59%) and Maricopa (50%) counties; voters under age 55 (55%); and those with college degrees (59%), the OH poll showed.
The Monmouth poll showed McSally’s support jumping among voters aged 50-64, from 38% in September to 51% this month, while Kelly’s dipped from 56% a month ago to 45%. Monmouth also showed Kelly leading 56% to 37% among voters under 50, a shift from McSally’s 48% to 45% lead in September.
Overall, Arizona voters are slightly more likely to see McSally as too supportive of Trump (49%) than to see Kelly as beholden to the left (47%), the Monmouth poll showed. But among independent voters, 57% see McSally as too supportive of the president and just 37% think Kelly would favor the left.
“Both campaigns have been trying to paint their opponents in a negative light,” Murray said. “Among that all-important group of independent voters, the image of McSally as a rubberstamp for Trump has more resonance than Kelly being portrayed as in lockstep with the left.”
Both polls showed growing support for Arizona’s cannabis legalization measure, which would allow anyone over 21 to carry up to an ounce of cannabis and grow six plants.
While the voter initiative drew equal support and opposition in a September OH poll, the October survey shows 55% support and 37% opposition.
Support also grew in the Monmouth poll. A September Monmouth poll showed 51% support and 41% opposition to the adult-use cannabis law, while the October survey showed 56% support and 36% opposition.
Early voting in Arizona kicked off last week.


courthousenews--2020-10-15--Billionaire Tech Mogul Charged in Biggest Tax Evasion Case in US History

SAN FRANCISCO ( CN ) — Federal authorities charged billionaire tech mogul Robert Brockman on suspicion of hiding approximately $ 2 billion from the Internal Revenue Service — charges that could result in one of the largest tax fraud prosecutions against an individual in U.S. history .
During a press conference on Thursday , law enforcement officials led by U.S. Attorney for the Northern District of California David L. Anderson and IRS Criminal Investigations chief Jim Lee revealed the indictment of Houston software tycoon Brockman , the 79-year old CEO of Reynolds & Reynolds .
The company sells software to @ @ @ @ @ @ @ of using a charitable trust in Bermuda and other offshore entities to conceal billions in cash and assets from the IRS in a bid to dodge paying taxes .
According to the indictment , while it appeared the trusts Brockman put his assets into were controlled by independent directors , he used a complex scheme complete with encrypted emails and codenames to maintain control over the assets .
He hid over $ 2 billion over 20 years using the scheme , authorities said .
Brockman faces seven counts of tax evasion , six @ @ @ @ @ @ @ Account Reports ( FBARS ) , 20 counts of wire fraud and an assortment of other conspiracy , money laundering and destruction of evidence charges .
Anderson called the scheme complex and meticulous in nature , but that complexity of a criminal act is not a proper shield against criminal charges .
“ Complexity will not hide crime from law enforcement , ” Anderson said during Thursday ’ s press conference .
“ Sophistication is not a defense to federal criminal charges .
We will not hesitate to prosecute the smartest guys in @ @ @ @ @ @ @ false paper trails to cover up a handful of big purchases , including properties known as “ Frying Pan Canon Ranch ” and the “ Mountain Queen ” vacation home in Pitkin County , Colorado , as well a luxury yacht .
Officials say that given the scope of the allegations and response by law enforcement , Thursday ’ s indictment stands as one of the largest tax fraud prosecutions in the history of the United States .
Lee called the scheme unlike anything he has ever seen in his career .
“ @ @ @ @ @ @ @ you that I have not seen this kind of greed or concealment and cover-up in my 25 plus years as a special agent of IRS-CI , ” Lee said .
Also Thursday , prosecutors announced they have reached a nonprosecution agreement with Robert Smith , the CEO of Vista Equity Partners , regarding his role in the scheme .
They said that while Smith also committed significant tax-related crimes , his cooperation with the Brockman investigation led prosecutors to take criminal charges for him off the table .
“ Today ’ s NPA @ @ @ @ @ @ @ importance of cooperation with a federal criminal investigation , ” Anderson said .
“ It is never too late to do the right thing .
It is never too late to tell the truth .
Smith committed serious crimes , but he also agreed to cooperate .
Smith ’ s agreement to cooperate has put him on a path away from indictment.
” Brockman is set to make his first official court appearance Thursday in San Francisco where the indictment against him was unsealed by officials .
Lee noted that while there are @ @ @ @ @ @ @ announcement , he hopes that the actions announced by law enforcement will send a clear message to taxpaying Americans that there are clear and serious consequences if they don ’ t play by the rules .
“ The men and women of IRS-CI do their jobs to ensure that all the hardworking , honest American taxpaying citizens who are paying their fair share , know that there is a consequence for being willfully noncompliant , ” Lee said .

Federal authorities charged billionaire tech mogul Robert Brockman on suspicion of hiding approximately $2 billion from the Internal Revenue Service — charges that could result in one of the largest tax fraud prosecutions against an individual in U.S. history.
SAN FRANCISCO (CN) — Federal authorities charged billionaire tech mogul Robert Brockman on suspicion of hiding approximately $2 billion from the Internal Revenue Service — charges that could result in one of the largest tax fraud prosecutions against an individual in U.S. history.
During a press conference on Thursday, law enforcement officials led by U.S. Attorney for the Northern District of California David L. Anderson and IRS Criminal Investigations chief Jim Lee revealed the indictment of Houston software tycoon Brockman, the 79-year old CEO of Reynolds & Reynolds. The company sells software to automobile dealerships worldwide.
Prosecutors accuse Brockman of using a charitable trust in Bermuda and other offshore entities to conceal billions in cash and assets from the IRS in a bid to dodge paying taxes.
According to the indictment, while it appeared the trusts Brockman put his assets into were controlled by independent directors, he used a complex scheme complete with encrypted emails and codenames to maintain control over the assets. He hid over $2 billion over 20 years using the scheme, authorities said.
Brockman faces seven counts of tax evasion, six counts of failing to file Foreign Bank Account Reports (FBARS), 20 counts of wire fraud and an assortment of other conspiracy, money laundering and destruction of evidence charges.
Anderson called the scheme complex and meticulous in nature, but that complexity of a criminal act is not a proper shield against criminal charges.
“Complexity will not hide crime from law enforcement,” Anderson said during Thursday’s press conference. “Sophistication is not a defense to federal criminal charges. We will not hesitate to prosecute the smartest guys in the room.”
Prosecutors say Brockman used false paper trails to cover up a handful of big purchases, including properties known as “Frying Pan Canon Ranch” and the “Mountain Queen” vacation home in Pitkin County, Colorado, as well a luxury yacht.
Officials say that given the scope of the allegations and response by law enforcement, Thursday’s indictment stands as one of the largest tax fraud prosecutions in the history of the United States. Lee called the scheme unlike anything he has ever seen in his career.
“Dollar amounts aside, I can tell you that I have not seen this kind of greed or concealment and cover-up in my 25 plus years as a special agent of IRS-CI,” Lee said.
FILE - In this Oct. 22, 2019, file photo, billionaire businessman Robert F. Smith speaks after receiving the W.E.B. Dubois Medal for contributions to black history and culture, during ceremonies at Harvard University in Cambridge, Mass. Federal prosecutors have charged Houston billionaire Robert Brockman, not seen, with $2 billion tax fraud in largest such fraud case against an American. Prosecutors also announced Thursday, Oct. 15, 2020, that Robert Smith, founder and chairman of investment firm Vista Equity Partners, will cooperate in the investigation and pay $139 million to settle a tax probe. (AP Photo/Elise Amendola, File)
Also Thursday, prosecutors announced they have reached a nonprosecution agreement with Robert Smith, the CEO of Vista Equity Partners, regarding his role in the scheme. They said that while Smith also committed significant tax-related crimes, his cooperation with the Brockman investigation led prosecutors to take criminal charges for him off the table.
“Today’s NPA announcement provides an opportunity to emphasize the importance of cooperation with a federal criminal investigation,” Anderson said. “It is never too late to do the right thing. It is never too late to tell the truth. Smith committed serious crimes, but he also agreed to cooperate. Smith’s agreement to cooperate has put him on a path away from indictment.”
Brockman is set to make his first official court appearance Thursday in San Francisco where the indictment against him was unsealed by officials.
Lee noted that while there are several crucial takeaways from Thursday’s announcement, he hopes that the actions announced by law enforcement will send a clear message to taxpaying Americans that there are clear and serious consequences if they don’t play by the rules.
“The men and women of IRS-CI do their jobs to ensure that all the hardworking, honest American taxpaying citizens who are paying their fair share, know that there is a consequence for being willfully noncompliant,” Lee said.


courthousenews--2020-10-16--Biden Significantly Outraises Trump in September

( CN ) — President Donald Trump ’ s campaign announced late Thursday that it had raised $ 248 million in September , falling well short of the record-breaking $ 383 million raised by the Biden campaign .
In a muted tweet posted soon after the president ’ s televised town hall meeting , Trump campaign ’ s communication director Tim Murtaugh announced the numbers , including that the campaign had $ 251 million cash on hand .
“ President Trump hits final stretch with strength , resources , record & huge ground game needed to spread message and secure @ @ @ @ @ @ @ Wednesday , the Biden campaign announced it had raised $ 383 million last month , with $ 432 million cash on hand .
That leaves the Trump campaign with a $ 181 million deficit in the last few weeks before the election .
Once flush with cash , Trump ’ s campaign has had to cut ad spending in several battleground states in recent weeks in order to stay afloat .
Biden has managed to outraise the president over the past months thanks in part to numerous individual donors .
In August and @ @ @ @ @ @ @ to raise three-quarters-of-a-billion dollars .
They have used that money to expand TV and radio advertising in states like Georgia and Texas , once reliably red states that could flip blue on Election Day .

President Donald Trump's campaign announced late Thursday that it had raised $248 million in September, falling well short of the record-breaking $383 million raised by the Biden campaign.
(CN) — President Donald Trump's campaign announced late Thursday that it had raised $248 million in September, falling well short of the record-breaking $383 million raised by the Biden campaign.
In a muted tweet posted soon after the president's televised town hall meeting, Trump campaign's communication director Tim Murtaugh announced the numbers, including that the campaign had $251 million cash on hand.
"President Trump hits final stretch with strength, resources, record & huge ground game needed to spread message and secure re-election," he tweeted.
On Wednesday, the Biden campaign announced it had raised $383 million last month, with $432 million cash on hand. That leaves the Trump campaign with a $181 million deficit in the last few weeks before the election.
Once flush with cash, Trump's campaign has had to cut ad spending in several battleground states in recent weeks in order to stay afloat. Biden has managed to outraise the president over the past months thanks in part to numerous individual donors.
In August and September alone, the Biden campaign managed to raise three-quarters-of-a-billion dollars. They have used that money to expand TV and radio advertising in states like Georgia and Texas, once reliably red states that could flip blue on Election Day.


Navajo Voters

SAN FRANCISCO — The Ninth Circuit ruled against six Navajo Nation members in their challenge to Arizona ’ s deadline @ @ @ @ @ ballots .
The members asked for an injunction to require the state to count ballots @ @ @ @ @ postmarked — rather than received — by Election Day .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Church Services

SAN DIEGO — A Pentecostal church that claims the Covid-19 “ health emergency ‘ has ended ’ ” was denied @ @ @ @ @ restraining order in its federal case against the state of California and San Diego County @ @ @ @ @ services .


Ballot Signatures

CINCINNATI — There is no evidence that voters ’ constitutional rights will be infringed by Tennessee ’ s ballot signature-verification @ @ @ @ @ ruled , rejecting plaintiffs ’ request for an injunction to require the state to provide @ @ @ @ @ an opportunity to cure signature inconsistencies before rejecting their absentee ballots .
”


Covid-19 in Detention

LOS ANGELES — A federal judge in California ordered the Adelanto Immigration and Customs Enforcement Processing Center to reduce its @ @ @ @ @ a day until its population is below 475 , so that social distancing can be @ @ @ @ @ .
The judge wrote the court is “ concerned with straight up dishonesty on the @ @ @ @ @ s counsel , ” in the case .
One hundred and sixty-five people currently imprisoned @ @ @ @ @ positive for Covid-19 .

A federal judge in California ordered the Adelanto Immigration and Customs Enforcement Processing Center to reduce its detainee population by 50 detainees a day until its population is below 475, so that social distancing can be maintained during the Covid-19 pandemic. The judge wrote the court is “concerned with straight up dishonesty on the part of the Government’s counsel,” in the case.
LOS ANGELES — A federal judge in California ordered the Adelanto Immigration and Customs Enforcement Processing Center to reduce its detainee population by 50 detainees a day until its population is below 475, so that social distancing can be maintained during the Covid-19 pandemic. The judge wrote the court is “concerned with straight up dishonesty on the part of the Government’s counsel,” in the case.
One hundred and sixty-five people currently imprisoned at the center have tested positive for Covid-19.


courthousenews--2020-10-16--Murder of a Child

Murder of a Child

SYRACUSE , N.Y. — A federal court dismissed malicious prosecution and other claims against a deputy sheriff and a county @ @ @ @ @ , who was found not guilty in the murder of 12-year-old Garrett Phillips in Potsdam @ @ @ @ @ court found there was no evidence of a conspiracy to frame the man .


courthousenews--2020-10-16--Trump Says He Will Accept Peaceful Transfer of Power at Town Hall

( CN ) — Two weeks after being hospitalized with the coronavirus and 19 days before the 2020 election , President Donald Trump made his case for reelection and said he would accept a peaceful transfer of power if he should lose at a town hall televised by NBC in Miami on Thursday evening .
Democratic nominee and former Vice President Joe Biden held a parallel town hall in Philadelphia aired by ABC .
The two political rivals were originally scheduled to debate each other , but opted to hold separate events following the president ’ s diagnosis with Covid-19 @ @ @ @ @ @ @ he feels no lingering effects of the disease which 59,000 Americans were diagnosed with yesterday .
To date , the disease has infected about 10 % of the population and killed 217,000 .
Although wearing facemasks are a widely accepted strategy to slow the spread of the virus , Trump has shirked the practice .
Asked about the crowded events Trump attended leading up to his diagnosis , he said , “ as president I can ’ t be in a basement .
I have to be out.
” Trump said contracting the @ @ @ @ @ @ @ wearing masks .
“ The cure can not be worse than the problem itself , ” Trump said .
“ One person dying is too much , it should have never happened , but we were expected to lose 2 million people.
” While Trump quickly denounced white supremacy and radical leftist Antifa , Trump denied familiarity with QAnon , a conspiracy theory that paints Trump as the savior of an unproven deep state pedophile ring .
FiveThirtyEight ’ s election forecast model currently projects Biden in the lead .
Morning Consult gives @ @ @ @ @ @ @ , averaging support from 93 % of Democrats and 50 % of independents .
The same survey reported 90 % of Republicans polled said they would vote to reelect Trump .
The town hall represents one of the president ’ s last chances to not only rally his base supporters , but also to convince the 34 % of Americans who identify as independent or unaffiliated to support his bid for reelection .
Thirty-six percent of Trump supporters polled by the Pew Research Center expressed concern about the 2020 election being conducted fairly @ @ @ @ @ @ @ election security .
On Thursday night , however , he finally committed to a peaceful transfer of power should he lose the election .
Trump has been evasive on the matter when asked previously .
“ Peaceful transfer , I absolutely want that , but ideally I don ’ t want a transfer , I want to win , ” Trump said .
Eight months ago , Trump ’ s strongest issue was the country ’ s economy , but the pandemic has since shaken the labor force , from the gutted service @ @ @ @ @ @ @ to the Bureau of Labor Statistics ’ s September report , unemployment in the U.S. officially remains around 8 % , not counting people who have given up on looking for work entirely .
Asked how the U.S. economy can recover from the pandemic , Trump straddled last year and next year , but avoided talking about the present .
“ Jobs , real estate , houses , so many things are happening , ” Trump said .
“ Next year , if we don ’ t have someone who raises taxes , @ @ @ @ @ @ @ next year.
” Trump blamed a heated feud with Democratic House Speaker Nancy Pelosi for blocking a new financial stimulus package .
“ I ’ m ready to sign a big beautiful stimulus , I want it to be big , I want it to be bold , but I can ’ t get through Nancy Pelosi , ” he said .
Trump touted pre-coronavirus job growth in response to an undecided independent voter ’ s question about how corporate tax cuts help Americans .
Trump warned that rival Biden would raise taxes @ @ @ @ @ @ @ economy , Trump ’ s legacy will continue beyond his presidency through the three justices he has nominated to the U.S. Supreme Court .
Although Trump said it was inappropriate for Barack Obama to nominate a Supreme Court justice in 2016 ahead of the election , Trump said he nominated Amy Coney Barrett three weeks ahead of the election because , “ there ’ s no reason to wait.
” “ The whole ballgame changed when I saw how they treated now-Justice Brett Kavanagh , ” Trump said , referring to hearings in @ @ @ @ @ @ @ against the judge .
While Trump is considered the most pro-life president in U.S. history , he declined to say whether he would like to see the Supreme Court overturn Roe v. Wade which set the precedent protecting women who seek to have abortions .
“ I don ’ t want people to think I ’ m sending a signal to [ Barrett ] , ” Trump said .
In contrast to his infamously charged rallies and the bitter September debate against Biden , Americans saw a composed Trump isolated on the circular @ @ @ @ @ @ @ to back into , Trump appeared to listen to the questions posed by voters and responded calmly if not thoughtfully to Guthrie ’ s fact-checking challenges .
Whether or not his presidential performance will earn the former reality-TV star a second season from voters waits to be seen , but it should come as no surprise that he concluded with a cliffhanger .
In his last close up , Trump promised , “ Next year is going to be better than ever before .
”

Two weeks after being hospitalized with the coronavirus and 19 days before the 2020 election, President Donald Trump made his case for reelection and said he would accept a peaceful transfer of power if he should lose at a town hall televised by NBC in Miami on Thursday evening.
(CN) — Two weeks after being hospitalized with the coronavirus and 19 days before the 2020 election, President Donald Trump made his case for reelection and said he would accept a peaceful transfer of power if he should lose at a town hall televised by NBC in Miami on Thursday evening.
Democratic nominee and former Vice President Joe Biden held a parallel town hall in Philadelphia aired by ABC. The two political rivals were originally scheduled to debate each other, but opted to hold separate events following the president’s diagnosis with Covid-19.
Trump told moderator Savannah Guthrie that he feels no lingering effects of the disease which 59,000 Americans were diagnosed with yesterday. To date, the disease has infected about 10% of the population and killed 217,000.
Although wearing facemasks are a widely accepted strategy to slow the spread of the virus, Trump has shirked the practice.
Asked about the crowded events Trump attended leading up to his diagnosis, he said, “as president I can’t be in a basement. I have to be out.”
Trump said contracting the disease has not changed his skepticism of wearing masks.
“The cure cannot be worse than the problem itself,” Trump said. “One person dying is too much, it should have never happened, but we were expected to lose 2 million people.”
While Trump quickly denounced white supremacy and radical leftist Antifa, Trump denied familiarity with QAnon, a conspiracy theory that paints Trump as the savior of an unproven deep state pedophile ring.
FiveThirtyEight’s election forecast model currently projects Biden in the lead. Morning Consult gives Biden a 9% lead on Trump, averaging support from 93% of Democrats and 50% of independents. The same survey reported 90% of Republicans polled said they would vote to reelect Trump.
The town hall represents one of the president’s last chances to not only rally his base supporters, but also to convince the 34% of Americans who identify as independent or unaffiliated to support his bid for reelection.
Thirty-six percent of Trump supporters polled by the Pew Research Center expressed concern about the 2020 election being conducted fairly. Trump has continually reiterated doubts about election security.
On Thursday night, however, he finally committed to a peaceful transfer of power should he lose the election. Trump has been evasive on the matter when asked previously.
“Peaceful transfer, I absolutely want that, but ideally I don’t want a transfer, I want to win,” Trump said.
Eight months ago, Trump’s strongest issue was the country's economy, but the pandemic has since shaken the labor force, from the gutted service industry to abandoned office buildings.
According to the Bureau of Labor Statistics's September report, unemployment in the U.S. officially remains around 8%, not counting people who have given up on looking for work entirely.
Asked how the U.S. economy can recover from the pandemic, Trump straddled last year and next year, but avoided talking about the present.
“Jobs, real estate, houses, so many things are happening,” Trump said. “Next year, if we don’t have someone who raises taxes, our economy is going to be phenomenal next year.”
Trump blamed a heated feud with Democratic House Speaker Nancy Pelosi for blocking a new financial stimulus package.
“I’m ready to sign a big beautiful stimulus, I want it to be big, I want it to be bold, but I can’t get through Nancy Pelosi,” he said.
Trump touted pre-coronavirus job growth in response to an undecided independent voter's question about how corporate tax cuts help Americans. Trump warned that rival Biden would raise taxes and stifle economic development.
Besides the economy, Trump’s legacy will continue beyond his presidency through the three justices he has nominated to the U.S. Supreme Court.
Although Trump said it was inappropriate for Barack Obama to nominate a Supreme Court justice in 2016 ahead of the election, Trump said he nominated Amy Coney Barrett three weeks ahead of the election because, “there’s no reason to wait.”
“The whole ballgame changed when I saw how they treated now-Justice Brett Kavanagh,” Trump said, referring to hearings in October 2018 that centered on sexual allegations against the judge.
While Trump is considered the most pro-life president in U.S. history, he declined to say whether he would like to see the Supreme Court overturn Roe v. Wade which set the precedent protecting women who seek to have abortions.
“I don’t want people to think I’m sending a signal to [Barrett],” Trump said.
In contrast to his infamously charged rallies and the bitter September debate against Biden, Americans saw a composed Trump isolated on the circular stage in Miami. With no corners to back into, Trump appeared to listen to the questions posed by voters and responded calmly if not thoughtfully to Guthrie’s fact-checking challenges.
Whether or not his presidential performance will earn the former reality-TV star a second season from voters waits to be seen, but it should come as no surprise that he concluded with a cliffhanger.
In his last close up, Trump promised, “Next year is going to be better than ever before.”


courthousenews--2020-10-16--Retired Federal Judge Reflects on Long Career, Tackles Racial Bias in Courts

OAKLAND , Calif. ( CN ) — You can ’ t sit back and wait for things to happen .
That ’ s the advice offered by retired U.S. District Judge Thelton E. Henderson , who oversaw a series of pivotal cases that helped improve conditions in California state prisons and combat racial bias in the Oakland police force .
Appointed to the bench by Jimmy Carter in 1980 , Henderson served as a federal judge until 2017 and oversaw high-profile cases including one that required California to reduce its prison population in 2009 , a decision upheld by the @ @ @ @ @ @ @ which a federal monitor was appointed to oversee Pelican Bay State Prison in the 1990s after Henderson found prisoners were subject to excessive force and inhumane conditions there .
Henderson reflected on his 37 years on the bench during a one-hour talk with U.S. District Judge Haywood Gilliam on Thursday as part of two-day seminar on racial bias in federal court organized by the Northern District of California Federal Practice Program .
Born in Shreveport , Louisiana , and raised in South Central Los Angeles , Henderson was one of only two Black @ @ @ @ @ @ @ school in 1962 before he became the first Black lawyer to join a new civil rights division at the U.S. Justice Department enforcing voting rights in the south .
On Thursday , Henderson described the tactics he used as a federal judge to bring radical change to government institutions , including the health care system that serves more than 100,000 California state prisoners .
In 2001 , lead plaintiff Marciano Plata filed a federal class action accusing California of violating prisoners ’ constitutional rights by failing to provide adequate medical care .
The @ @ @ @ @ @ @ was dismayed to learn that a prisoner was dying every six days on average due to the lack of proper medical care .
“ My view of my job as a judge is not to sit and wait until there ’ s a motion and rule on it , ” Henderson said .
The retired judge said he explored every option , including consulting with prominent experts and sociologists , but was told it would take eight to nine months to make changes that could save lives .
“ I said , ‘ @ @ @ @ @ @ @ how many people will be dead by then ?
’ ” Henderson recalled .
That ’ s when he decided to appoint a receiver to oversee California ’ s health care system for state prisons in 2005 .
It was an unprecedented move .
“ I didn ’ t know what would happen if they would appeal , ” Henderson said .
“ Fortunately , they didn ’ t. ” Today , California ’ s state prison health care system is still being managed by court-appointed receiver in a case that U.S. District @ @ @ @ @ @ @ retired .
Henderson also oversaw a case filed in 2001 over the “ Riders ” scandal , in which four Oakland police officers were accused of kidnapping , beating , robbing , and planting evidence on residents of an impoverished West Oakland neighborhood .
In a 2003 settlement , the city paid $ 10.5 million and agreed to undergo extensive reforms overseen by a court-appointed monitor .
While supervising the reform efforts , Henderson heard about a Stanford professor ’ s study that found a glaring racial disparity in Oakland police traffic stops @ @ @ @ @ @ @ , Jennifer Eberhardt , and asked her to help reform the department .
Eberhard joined the independent monitor ’ s team and started teaching OPD officers about implicit bias and related topics .
“ I learned that when you do this , you ’ re by no means going to turn around the entire department , but you ’ re going to turn around those that want to do the right thing , ” Henderson said .
Another problem Henderson identified in the OPD was a “ code of silence ” among officers @ @ @ @ @ @ @ “ rat on ” their colleagues when they use excessive force or engage in other misconduct .
Henderson found an attorney to teach classes on how this “ code of silence ” is bad for police and the communities they serve .
“ They owed a higher duty to do the right thing when they see the wrong thing being done , ” Henderson said .
Oakland ’ s police force remains under the control of a court-appointed monitor today , despite initial plans to end the oversight within five years , due @ @ @ @ @ @ @ like reducing officer-involved shootings and racially motivated traffic stops .
During his 37-year judicial career , Henderson also saw sentencing guidelines go from advisory to mandatory with the Sentencing Reform Act of 1984 .
Although the 1984 law was intended to make sentencing more uniform and fair , Henderson said it took away judicial discretion and forced judges to dole out harsher sentences for crimes fueled by drug addiction instead of diverting defendants into treatment .
Henderson recalled having to sentence two teenagers from Eureka who were about to go to college to @ @ @ @ @ @ @ he could not get around the mandatory minimum .
“ I sent them off for 10 years , and I think they deserved much better than that , ” Henderson said .
In another case , a “ mule ” who was asked to drive a truck full of illegal drugs to Fresno was caught .
Sentencing guidelines required Henderson to put him away for 10 years .
The kingpin who hired that mule was caught later and cooperated with federal agents , allowing him to obtain a much lighter sentence .
“ @ @ @ @ @ @ @ real villain , turns in everybody he could think of , and he gets three years , ” Henderson said .
“ I just thought this was a really unjust system.
” The U.S. Supreme Court invalidated mandatory sentencing rules in 2005 ’ s United States v. Booker .
During his time on the bench , Henderson also worked with a pretrial diversion program in Alameda County that allowed first-time drug offenders to get help with counseling , education and job-skills training instead of going to jail .
He served as a judge @ @ @ @ @ @ @ Henderson recalled one night when he was picking up a friend in a “ rough neighborhood ” in West Oakland and a “ big dude ” who looked “ really tough ” knocked on his window .
When Henderson rolled down the window , the man told him to wait there as he ran to get his parents .
The young man was a graduate of the diversion program .
He told Henderson he had found a job and was doing well .
The man ’ s parents thanked the judge for giving @ @ @ @ @ @ @ life around .
“ It ’ s that kind of stuff that is so fulfilling , ” Henderson said .
“ One of the greatest feelings in the world to know you helped someone with their lives.
” Henderson also talked about the need to increase diversity in jury selection .
Noting that many people of color often don ’ t have jobs that will pay them while they sit on juries , Henderson said he used to personally call a potential juror ’ s employer and ask them to pay their employee @ @ @ @ @ @ @ get the name and actually call and talk to the employer and say , ‘ Come on , this is an important civic duty and you ’ re part of this community , ” Henderson said .
“ I must have made 15 or 20 calls while I was doing this , and every single one they said we ’ ll pay them.
” Another problem , according to Henderson , is that many minorities don ’ t fully understand the crucial role that juries play in the criminal justice system .
Henderson @ @ @ @ @ @ @ high schools and give talks to educate people about the importance of serving as jurors .
“ You can be the voice of diversity , ” Henderson said .
“ You might change a jury because you have insights.
” On the lack of diversity among judges ’ law clerks , Henderson said many minorities don ’ t pursue clerkships because they often have fewer financial resources and law school debt to pay off .
Clerkships tend to pay substantially less than law firms .
Henderson said law students and graduates should be @ @ @ @ @ @ @ a judge for a year .
Lawyers can earn more money in the long run by gaining that experience and get a bigger bonus when they join a law firm after serving as a law clerk , he said .
“ Anyone who joins a trial firm after a year of clerking is going to be a step ahead , ” Henderson said .
Addressing the broader issues of racial bias recently brought to the surface by the high-profile death of George Floyd under the knee of a Minneapolis police officer last May @ @ @ @ @ @ @ the future , especially when he sees white people marching with people of color to protest racism and police brutality .
But Henderson said he was disappointed that several policing reform bills failed to advance in the California Legislature this year .
“ By and large , I ’ m optimistic , and I ’ ve always clung to Martin Luther King ’ s thoughts about progress , ” Henderson said .
“ It ’ s slow .
It ’ s two steps forward and one step backward , but you do make @ @ @

You can’t sit back and wait for things to happen. That’s the advice offered by retired U.S. District Judge Thelton E. Henderson, who oversaw a series of pivotal cases that helped improve conditions in California state prisons and combat racial bias in the Oakland police force.
OAKLAND, Calif. (CN) — You can’t sit back and wait for things to happen. That’s the advice offered by retired U.S. District Judge Thelton E. Henderson, who oversaw a series of pivotal cases that helped improve conditions in California state prisons and combat racial bias in the Oakland police force.
Appointed to the bench by Jimmy Carter in 1980, Henderson served as a federal judge until 2017 and oversaw high-profile cases including one that required California to reduce its prison population in 2009, a decision upheld by the U.S. Supreme Court, and another in which a federal monitor was appointed to oversee Pelican Bay State Prison in the 1990s after Henderson found prisoners were subject to excessive force and inhumane conditions there.
Henderson reflected on his 37 years on the bench during a one-hour talk with U.S. District Judge Haywood Gilliam on Thursday as part of two-day seminar on racial bias in federal court organized by the Northern District of California Federal Practice Program.
Born in Shreveport, Louisiana, and raised in South Central Los Angeles, Henderson was one of only two Black students to graduate from UC Berkeley law school in 1962 before he became the first Black lawyer to join a new civil rights division at the U.S. Justice Department enforcing voting rights in the south.
On Thursday, Henderson described the tactics he used as a federal judge to bring radical change to government institutions, including the health care system that serves more than 100,000 California state prisoners.
In 2001, lead plaintiff Marciano Plata filed a federal class action accusing California of violating prisoners’ constitutional rights by failing to provide adequate medical care. The case was assigned to Henderson, who was dismayed to learn that a prisoner was dying every six days on average due to the lack of proper medical care.
“My view of my job as a judge is not to sit and wait until there’s a motion and rule on it,” Henderson said.
The retired judge said he explored every option, including consulting with prominent experts and sociologists, but was told it would take eight to nine months to make changes that could save lives.
“I said, ‘Are you kidding? Do you know how many people will be dead by then?’” Henderson recalled.
That’s when he decided to appoint a receiver to oversee California’s health care system for state prisons in 2005. It was an unprecedented move.
“I didn’t know what would happen if they would appeal,” Henderson said. “Fortunately, they didn’t.”
Today, California’s state prison health care system is still being managed by court-appointed receiver in a case that U.S. District Judge Jon Tigar took over after Henderson retired.
Henderson also oversaw a case filed in 2001 over the “Riders” scandal, in which four Oakland police officers were accused of kidnapping, beating, robbing, and planting evidence on residents of an impoverished West Oakland neighborhood.
In a 2003 settlement, the city paid $10.5 million and agreed to undergo extensive reforms overseen by a court-appointed monitor. While supervising the reform efforts, Henderson heard about a Stanford professor’s study that found a glaring racial disparity in Oakland police traffic stops. Henderson immediately sought out that professor, Jennifer Eberhardt, and asked her to help reform the department. Eberhard joined the independent monitor’s team and started teaching OPD officers about implicit bias and related topics.
“I learned that when you do this, you’re by no means going to turn around the entire department, but you’re going to turn around those that want to do the right thing,” Henderson said.
Another problem Henderson identified in the OPD was a “code of silence” among officers — the idea that officers should never “rat on” their colleagues when they use excessive force or engage in other misconduct. Henderson found an attorney to teach classes on how this “code of silence” is bad for police and the communities they serve.


courthousenews--2020-10-17--Federal Judge Nullifies Actions Taken by Acting BLM Director

( CN ) — After a federal judge found the Acting Director of the Bureau of Land Management had been serving in the position unlawfully for over a year , the same judge has now struck down a trio of actions taken while he was at his post .
William Perry Pendley , 75 , found himself thrust into a legal battle over the validity of his position earlier this year when Democratic Governor of Montana Steve Bullock filed a lawsuit against Pendley and the BLM with allegations that he was improperly serving in his role as acting director .
@ @ @ @ @ @ @ President Donald Trump , not a single chief of the BLM , a crucial agency within the Department of the Interior responsible for overseeing and managing over 200 million acres of public land , has been officially confirmed by the U.S. Senate .
Each one has served in the position in an acting capacity only , Pendley included , who was appointed to the job by Secretary of the Interior David Bernhardt last year .
Bullock claimed that with the Trump administration allowing Pendley to serve in the position for so long without @ @ @ @ @ @ @ s tenure stood in direct violation of the Federal Vacancies Reform Act .
In September , U.S. District Judge Brian Morris , an Obama appointee , agreed with Bullock and removed Pendley from his position .
Morris determined that for now only the Secretary of the Interior can perform the duties of the BLM director and ruled the president was out of line to rely so heavily on acting or temporary federal officials .
“ The President can not shelter unconstitutional ‘ temporary ’ appointments for the duration of his presidency through a @ @ @ @ @ @ @ Morris wrote in the September order .
Morris also asked both parties to bring forward briefs on what actions Pendley took during his time as acting BLM head that should be set aside as unlawful , given that they were issued by an acting director who lacked the correct authority .
On Friday , the judge ruled that a small handful of actions taken by Morris are indeed unlawful and should be set aside , but denied a request to more broadly assess Pendley ’ s other decisions .
In a ten-page order @ @ @ @ @ @ @ Management Plans ( RMPs ) , one for Lewistown and one for Missoula , as well as an RMP amendment for Miles City , were both reviewed and approved by Pendley improperly .
The BLM sought to defend Pendley ’ s actions by attempting to suggest that he did not directly perform actions related to some of those RMPs but rather delegated the actions to other BLM officials , thereby making the actions lawful .
Morris , however , was not convinced .
The judge claimed that such “ novel and last-ditch legal @ @ @ @ @ @ @ record before the court , and that even if he did choose to accept the argument as valid , delegating authority as acting BLM director would still be just as unlawful as exercising that authority firsthand .
Conservation groups made up of the Center for Biological Diversity , Western Watersheds Project and Wildearth Guardians asked the judge if they could file more briefs that would further explore other , more sweeping actions taken by Pendley in other areas of the county that should be set aside , but Morris rejected their request .
@ @ @ @ @ @ @ to be mindful of his court ’ s jurisdiction , and that he does not want to grant relief based on requests that go beyond the scope of the original lawsuit filed earlier this year .
The judge notes that while it is incredibly likely there are a host of other actions Pendley took that are unlawful and should be struck down , those need to be reviewed in separate lawsuits that conservation groups are welcome to file in the correct jurisdictions .
Morris did make one thing clear : Officials at the @ @ @ @ @ @ @ orders .
This comes after Pendley has made a series of public comments that defended his time at the BLM , including statements that he couldn ’ t be ousted from his leadership role at the bureau because he was never technically named the acting director in the first place and that his role at the agency was lawful .
Morris seemed to respond to these statements by warning that while the department has officially acknowledged the court ’ s directives , Pendley and others need to be aware that the court has @ @ @ @ @ @ @ his tenure .
“ Other officials , including Pendley , appear more reticent in their acknowledgment of the effect of the Court ’ s September Order , ” Morris wrote on Friday .
“ The Court emphasizes again its previous finding : Only the Secretary of the Interior can perform functions or duties of the BLM Director.
” Neither representatives for the conservation groups in the lawsuit nor the BLM immediately responded to requests for comment Friday evening .

After a federal judge found the Acting Director of the Bureau of Land Management had been serving in the position unlawfully for over a year, the same judge has now struck down a trio of actions taken while he was at his post.
(CN) — After a federal judge found the acting director of the Bureau of Land Management had been serving in the position unlawfully for over a year, the same judge has now struck down a trio of actions taken while he was at his post.
William Perry Pendley, 75, found himself thrust into a legal battle over the validity of his position earlier this year when Democratic Governor of Montana Steve Bullock filed a lawsuit against Pendley and the BLM with allegations that he was improperly serving in his role as acting director.
Bullock pointed to the fact that under President Donald Trump, not a single chief of the BLM, a crucial agency within the Department of the Interior responsible for overseeing and managing over 200 million acres of public land, has been officially confirmed by the U.S. Senate.
Each one has served in the position in an acting capacity only, Pendley included, who was appointed to the job by Secretary of the Interior David Bernhardt last year.
Bullock claimed that with the Trump administration allowing Pendley to serve in the position for so long without an official confirmation hearing, Pendley’s tenure stood in direct violation of the Federal Vacancies Reform Act.
In September, U.S. District Judge Brian Morris, an Obama appointee, agreed with Bullock and removed Pendley from his position. Morris determined that for now only the Secretary of the Interior can perform the duties of the BLM director and ruled the president was out of line to rely so heavily on acting or temporary federal officials.
“The President cannot shelter unconstitutional ‘temporary’ appointments for the duration of his presidency through a matryoshka doll of delegated authorities,” Morris wrote in the September order.
Morris also asked both parties to bring forward briefs on what actions Pendley took during his time as acting BLM head that should be set aside as unlawful, given that they were issued by an acting director who lacked the correct authority.
On Friday, the judge ruled that a small handful of actions taken by Pendley are indeed unlawful and should be set aside, but denied a request to more broadly assess Pendley’s other decisions.
In a ten-page order, Morris determined that two Montana Resource Management Plans (RMPs), one for Lewistown and one for Missoula, as well as an RMP amendment for Miles City, were both reviewed and approved by Pendley improperly.
The BLM sought to defend Pendley’s actions by attempting to suggest that he did not directly perform actions related to some of those RMPs but rather delegated the actions to other BLM officials, thereby making the actions lawful.
Morris, however, was not convinced.
The judge claimed that such “novel and last-ditch legal arguments” are not supported by the record before the court, and that even if he did choose to accept the argument as valid, delegating authority as acting BLM director would still be just as unlawful as exercising that authority firsthand.
Conservation groups made up of the Center for Biological Diversity, Western Watersheds Project and Wildearth Guardians asked the judge if they could file more briefs that would further explore other, more sweeping actions taken by Pendley in other areas of the county that should be set aside, but Morris rejected their request.
Morris wrote on Friday that he wanted to be mindful of his court’s jurisdiction, and that he does not want to grant relief based on requests that go beyond the scope of the original lawsuit filed earlier this year.
The judge notes that while it is incredibly likely there are a host of other actions Pendley took that are unlawful and should be struck down, those need to be reviewed in separate lawsuits that conservation groups are welcome to file in the correct jurisdictions.
Morris did make one thing clear: Officials at the BLM should heed the court’s orders.
This comes after Pendley has made a series of public comments that defended his time at the BLM, including statements that he couldn’t be ousted from his leadership role at the bureau because he was never technically named the acting director in the first place and that his role at the agency was lawful.
Morris seemed to respond to these statements by warning that while the department has officially acknowledged the court’s directives, Pendley and others need to be aware that the court has made its judgment on the legality of his tenure.
“Other officials, including Pendley, appear more reticent in their acknowledgment of the effect of the Court’s September Order,” Morris wrote on Friday. “The Court emphasizes again its previous finding: Only the Secretary of the Interior can perform functions or duties of the BLM Director.”
Neither representatives for the conservation groups in the lawsuit nor the BLM immediately responded to requests for comment Friday evening.


courthousenews--2020-10-17--Judge Hears Arguments in Johnny Depp Defamation Trial

FAIRFAX , Va. ( CN ) — Lawyers for Johnny Depp asked a judge Friday to toss out a $ 100 million defamation case filed against the actor by his ex-wife Amber Heard .
Heard ’ s case is a counterclaim to a lawsuit filed by Depp , who also contends that Heard defamed him .
Chief Judge Bruce White of the 19th Judicial Circuit of Virginia listened to arguments Friday .
Depp first sued his ex-wife in March 2019 , asking for $ 50 million in damages and claiming he was defamed by an op-ed Heard wrote in which @ @ @ @ @ @ @ representing domestic abuse .
The editorial , which didn ’ t mention him by name , was published in 2018 in The Washington Post , which is printed in Virginia .
The counterclaim filed in August contends that Heard has become the target of a smear campaign that has included “ false and defamatory statements to reporters repeatedly accusing Ms. Heard of being a liar and a hoax artist and accusing Ms. Heard of the crime of perjury.
” Depp ’ s lawyer , Benjamin Chew of Brown Rudnick , argued that accusing @ @ @ @ @ @ @ is not actionable , but a statement of opinion .
Heard ’ s complaint also mentions texts in which Depp remarked “ Let ’ s burn Amber.
” Chew pointed out that those texts were private communications sent by the actor to a friend .
But the charges are about “ far more than generically calling someone a liar , ” said Heard ’ s lawyer , Elaine Charlson Bredehoft of the Virginia-based firm Charlson Bredehoft Cohen & Brown .
The counterclaim contends that Depp wanted Heard removed from a prime role in @ @ @ @ @ @ @ spokesman for L ’ Oreal .
To that end , Heard claims Depp or his representatives used multiple social media accounts to defame her , targeting her Twitter account “ to interfere with her contracts and/or business expectancies , ” the lawsuit says .
Two of the accounts were responsible for 50 % of the attacks .
Heard also asks for a declaratory judgment finding that she is immune from civil liability as her op-ed was protected by the First Amendment .
Depp and Heard were married little more than a year , @ @ @ @ @ @ @ with hundreds of pages of motions and numerous courtroom dust-ups over evidence .
Earlier this week , the judge signed an order compelling Depp to appear in Virginia for deposition during three days in November .
The case has been scheduled for May 2021 , as Covid-19 restrictions have delayed jury trials .
Depp also sued News Group Newspapers in Great Britain , and a trial in that case concluded in July .

Lawyers for Johnny Depp asked a judge Friday to toss out a $100 million defamation case filed against the actor by his ex-wife Amber Heard.
FAIRFAX, Va. (CN) — Lawyers for Johnny Depp asked a judge Friday to toss out a $100 million defamation case filed against the actor by his ex-wife Amber Heard.
Heard’s case is a counterclaim to a lawsuit filed by Depp, who also contends that Heard defamed him. Chief Judge Bruce White of the 19th Judicial Circuit of Virginia listened to arguments Friday.
Depp first sued his ex-wife in March 2019, asking for $50 million in damages and claiming he was defamed by an op-ed Heard wrote in which she described herself as a public figure representing domestic abuse. The editorial, which didn't mention him by name, was published in 2018 in The Washington Post, which is printed in Virginia.
The counterclaim filed in August contends that Heard has become the target of a smear campaign that has included “false and defamatory statements to reporters repeatedly accusing Ms. Heard of being a liar and a hoax artist and accusing Ms. Heard of the crime of perjury.”
Depp's lawyer, Benjamin Chew of Brown Rudnick, argued that accusing someone of perpetrating a hoax or lying is not actionable, but a statement of opinion. Heard's complaint also mentions texts in which Depp remarked "Let's burn Amber." Chew pointed out that those texts were private communications sent by the actor to a friend.
But the charges are about "far more than generically calling someone a liar," said Heard's lawyer, Elaine Charlson Bredehoft of the Virginia-based firm Charlson Bredehoft Cohen & Brown.
The counterclaim contends that Depp wanted Heard removed from a prime role in the “Aquaman” film and as spokesman for L'Oreal. To that end, Heard claims Depp or his representatives used multiple social media accounts to defame her, targeting her Twitter account "to interfere with her contracts and/or business expectancies," the lawsuit says. Two of the accounts were responsible for 50% of the attacks.
Heard also asks for a declaratory judgment finding that she is immune from civil liability as her op-ed was protected by the First Amendment.
Depp and Heard were married little more than a year, but the case has extended 18 months with hundreds of pages of motions and numerous courtroom dust-ups over evidence. Earlier this week, the judge signed an order compelling Depp to appear in Virginia for deposition during three days in November.
The case has been scheduled for May 2021, as Covid-19 restrictions have delayed jury trials. Depp also sued News Group Newspapers in Great Britain, and a trial in that case concluded in July.


Castile Lawsuit

MINNEAPOLIS — The family of Philando Castile , the school cafeteria worker who was shot by a cop live on @ @ @ @ @ lawsuit in Minnesota state court against a Twin Cities restauranteur for falsely claiming that he @ @ @ @ @ and using Castile ’ s name and notoriety to raise money for his own restaurants @ @ @


courthousenews--2020-10-16--Immigrant Cleared in Pier Shooting Tries to Fire Lawyer in Competency Hearing

SAN FRANCISCO ( CN ) — An undocumented immigrant cleared of murder in the 2015 shooting death of a woman on a San Francisco pier rejected legal advice , tried to fire his attorney and made incoherent outbursts during a hearing on his competency to stand trial on federal gun possession charges Friday .
“ He told me he wants a different lawyer .
He wants me out , ” defense lawyer Tony Serra said after consulting with his client , Jose Garcia-Zarate , during a break in the video conference hearing .
Despite that directive , U.S. District Judge @ @ @ @ @ @ @ the defendant , saying he would address that issue during a sealed proceeding later in the day .
Garcia-Zarate also insisted on testifying despite his lawyer advising him against it .
The testimony was heard in the closed proceedings .
During a break between witnesses , Garcia-Zarate also made incoherent outbursts .
A Spanish interpreter said he could not translate the “ illogical statements.
” Days before Garcia-Zarate ’ s federal trial was set to begin this past January , Chhabria raised questions about the defendant ’ s competence and ordered him to @ @ @ @ @ @ @ health professionals separately evaluated Garcia-Zarate and found him unfit to stand trial .
They recommended he undergo treatment at a medical facility where he might be forced to take medication but would also have access to group therapy and educational resources that could help him understand court procedures and the charges filed against him .
Paul M. Elizondo III , a court-appointed psychiatrist , and Samantha Shelton , a clinical psychologist who works for the Federal Bureau of Prisons , both concluded Garcia-Zarate suffers from schizophrenia .
Symptoms of the disorder include delusions @ @ @ @ @ @ @ speech and behavior .
Shelton , who evaluated Garcia-Zarate between March and July during his stay at the federal Metropolitan Detention Center in Los Angeles , described the defendant ’ s speech as “ grossly disorganized and significantly off-topic.
” “ He was unable to grasp the actual alleged charges against him , ” Shelton said .
Elizondo , who interviewed Garcia-Zarate twice in January , said the defendant became paranoid and suggested the psychiatrist had ulterior motives for interviewing him .
Garcia-Zarate also shared with the psychiatrist a theory that his lawyer @ @ @ @ @ @ @ police and working against him .
“ My opinion is his psychotic symptoms associated with schizophrenia that interfere with his ability to stand trial are true , ” Elizondo said .
“ My opinion is that he can be restored with consistent adherence to antipsychotic medication.
” Serra , an 85-year-old local legend who has represented members of the Black Panthers and Hell ’ s Angels , questioned both witnesses on why they think treatment will cure Garcia-Zarate when he has a history of not taking his medication .
Garcia-Zarate has displayed symptoms @ @ @ @ @ @ @ according to medical records reviewed by Shelton .
He also has a history of not taking prescribed medication .
“ What makes you think it will change now , ” Serra asked .
“ What ’ s different now from all these years where he has failed to obey and take his medicine ?
” Elizondo replied that Garcia-Zarate may have to be forced to take medication over his objections .
“ You can tie him up and inject him with a hypodermic needle , ” Serra said facetiously .
Noting that Garcia-Zarate @ @ @ @ @ @ @ of time to make sure he took his medicine , Shelton recommended he be sent to federal prison designed like a medical facility to undergo treatment .
“ It ’ s modeled under more of a hospital model , so it has psychiatry staff , psychology staff , specialists who are assigned to a cohort of inmates , ” Shelton said .
“ They work very closely with them to ensure medication compliance .
If it is reported they are not taking medication , they meet with the individual , counsel them , @ @ @ @ @ @ @ They do have the ability to force-medicate if needed.
” Even if his client is restored to competency , Serra asked how Garcia-Zarate could ever assist in his own defense if psychotic symptoms cause him to lose all memory of events took place in July 2015 , which form the basis of charges against him .
In treating hundreds of patients with psychotic symptoms over the last decade , Elizondo said he found about half of them regained their memories after medication suppressed or lessened their symptoms .
But the psychiatrist added that @ @ @ @ @ @ @ ” for one to adequately assist in their own legal defense .
“ The necessary components are ability to engage in the moment with limited psychotic symptoms , ” Elizondo said .
After that testimony concluded , Chhabria asked Garcia-Zarate if he wanted to exercise his right to testify in the hearing .
Garcia-Zarate was warned that his testimony could be used against him at trial if he puts on an insanity defense , raises mental health issues or makes statements at trial that contradict the testimony .
Despite his defense lawyer ’ @ @ @ @ @ @ @ Garcia-Zarate opted to testify .
Chhabria closed the virtual courtroom to the public to ensure no sensitive or private information was revealed .
A transcript of the testimony will be released after it is reviewed for potential redactions , Chhabria said .
Serra did not immediately return a phone call and email Friday afternoon seeking to clarify if he will continue representing Garcia-Zarate after his client tried to fire him .
In 2017 , a state court jury acquitted Garcia Zarate of murder charges in the July 1 , 2015 shooting death of @ @ @ @ @ @ @ pier .
Garcia-Zarate ’ s public defenders said the shooting was accidental , that the gun went off unintentionally after he found it wrapped in a rag beneath a bench .
The bullet ricocheted off a concrete walkway before hitting Steinle in the back .
Steinle ’ s death became a rallying cry for supporters of tougher immigration enforcement , including then-presidential candidate Donald Trump , who cited the young woman ’ s death during his 2016 Republican National Convention speech .
Less than a week after the murder acquittal , prosecutors filed @ @ @ @ @ @ @ Serra argued in 2018 that the prosecution was politically motivated , but Chhabria refused to let the defense team pursue a vindictive prosecution theory due to a lack of evidence .

An undocumented immigrant cleared of murder in the 2015 shooting death of a woman on a San Francisco pier rejected legal advice, tried to fire his attorney and made incoherent outbursts during a hearing on his competency to stand trial on federal gun possession charges Friday.
SAN FRANCISCO (CN) — An undocumented immigrant cleared of murder in the 2015 shooting death of a woman on a San Francisco pier rejected legal advice, tried to fire his attorney and made incoherent outbursts during a hearing on his competency to stand trial on federal gun possession charges Friday.
“He told me he wants a different lawyer. He wants me out,” defense lawyer Tony Serra said after consulting with his client, Jose Garcia-Zarate, during a break in the video conference hearing.
Despite that directive, U.S. District Judge Vince Chhabria ordered Serra to continue representing the defendant, saying he would address that issue during a sealed proceeding later in the day.
Just as he did at a hearing last month, Garcia-Zarate pleaded with the court to sentence him or deport him so he can get out of county jail. The Mexican immigrant has been in jail since July 2015 when he was accused of murder in the shooting death of Kate Steinle on a San Francisco pier.
“I’m tired of being here,” Garcia-Zarate said through a Spanish interpreter. “I want to receive my sentence, be deported from the U.S. or be sent to prison.”
Chhabria told the defendant he cannot plead guilty until he is found competent.
Garcia-Zarate insisted on testifying despite his lawyer advising him against it. The testimony was heard in the closed proceedings.
During a break between witnesses, Garcia-Zarate also made incoherent outbursts. A Spanish interpreter said he could not translate the “illogical statements.”
Days before Garcia-Zarate’s federal trial was set to begin this past January, Chhabria raised questions about the defendant’s competence and ordered him to undergo a psychiatric evaluation.
Two mental health professionals separately evaluated Garcia-Zarate and found him unfit to stand trial. They recommended he undergo treatment at a medical facility where he might be forced to take medication but would also have access to group therapy and educational resources that could help him understand court procedures and the charges filed against him.
Paul M. Elizondo III, a court-appointed psychiatrist, and Samantha Shelton, a clinical psychologist who works for the Federal Bureau of Prisons, both concluded Garcia-Zarate suffers from schizophrenia. Symptoms of the disorder include delusions, visual and auditory hallucinations and disorganized speech and behavior.
Shelton, who evaluated Garcia-Zarate between March and July during his stay at the federal Metropolitan Detention Center in Los Angeles, described the defendant’s speech as “grossly disorganized and significantly off-topic.”
“He was unable to grasp the actual alleged charges against him,” Shelton said.
Elizondo, who interviewed Garcia-Zarate twice in January, said the defendant became paranoid and suggested the psychiatrist had ulterior motives for interviewing him. Garcia-Zarate also shared with the psychiatrist a theory that his lawyer, Serra, was taking bribes from police and working against him.
“My opinion is his psychotic symptoms associated with schizophrenia that interfere with his ability to stand trial are true,” Elizondo said. “My opinion is that he can be restored with consistent adherence to antipsychotic medication.”
Serra, an 85-year-old local legend who has represented members of the Black Panthers and Hell’s Angels, questioned both witnesses on why they think treatment will cure Garcia-Zarate when he has a history of not taking his medication.
Garcia-Zarate has displayed symptoms of schizophrenia since at least 1988, according to medical records reviewed by Shelton. He also has a history of not taking prescribed medication.
“What makes you think it will change now,” Serra asked. “What’s different now from all these years where he has failed to obey and take his medicine?”
Elizondo replied that Garcia-Zarate may have to be forced to take medication over his objections.
“You can tie him up and inject him with a hypodermic needle,” Serra said facetiously.
Noting that Garcia-Zarate was never monitored for an extended period of time to make sure he took his medicine, Shelton recommended he be sent to federal prison designed like a medical facility to undergo treatment.
“It’s modeled under more of a hospital model, so it has psychiatry staff, psychology staff, specialists who are assigned to a cohort of inmates,” Shelton said. “They work very closely with them to ensure medication compliance. If it is reported they are not taking medication, they meet with the individual, counsel them, find out what the issues are. They do have the ability to force-medicate if needed.”
Even if his client is restored to competency, Serra asked how Garcia-Zarate could ever assist in his own defense if psychotic symptoms cause him to lose all memory of events took place in July 2015, which form the basis of charges against him.
In treating hundreds of patients with psychotic symptoms over the last decade, Elizondo said he found about half of them regained their memories after medication suppressed or lessened their symptoms.
But the psychiatrist added that memory recovery is not “absolutely necessary” for one to adequately assist in their own legal defense.
“The necessary components are ability to engage in the moment with limited psychotic symptoms,” Elizondo said.
After that testimony concluded, Chhabria asked Garcia-Zarate if he wanted to exercise his right to testify in the hearing.
Garcia-Zarate was warned that his testimony could be used against him at trial if he puts on an insanity defense, raises mental health issues or makes statements at trial that contradict the testimony.
Despite his defense lawyer’s advice that he stay silent, Garcia-Zarate opted to testify.
Chhabria closed the virtual courtroom to the public to ensure no sensitive or private information was revealed. A transcript of the testimony will be released after it is reviewed for potential redactions, Chhabria said.
In an emailed statement sent Monday after the hearing, Serra said he still represents Garcia-Zarate.
“When he returns from the hospital, the issue of my representation will be decided,” Serra said.
Judge Chhabria issued a 3-page ruling on Monday finding Garcia-Zarate not competent and requiring him to undergo treatment at a federal facility. The judge ordered staff at the facility treating Garcia-Zarate to update the court in four months on “the likelihood that defendant will attain the capacity to permit the proceedings to go forward in the foreseeable future.”
In 2017, a state court jury acquitted Garcia Zarate of murder charges in the July 1, 2015 shooting death of 32-year-old Kate Steinle on a San Francisco pier.
Garcia-Zarate’s public defenders said the shooting was accidental, that the gun went off unintentionally after he found it wrapped in a rag beneath a bench. The bullet ricocheted off a concrete walkway before hitting Steinle in the back.
Steinle’s death became a rallying cry for supporters of tougher immigration enforcement, including then-presidential candidate Donald Trump, who cited the young woman’s death during his 2016 Republican National Convention speech.
Less than a week after the murder acquittal, prosecutors filed federal gun possession charges against Garcia-Zarate.
Serra argued in 2018 that the prosecution was politically motivated, but Chhabria refused to let the defense team pursue a vindictive prosecution theory due to a lack of evidence.