Results matching “secure communities”

Federal Judge Blocks LA Gang Injunctions:  Twenty-one years after the California Supreme Court upheld the use of public nuisance injunctions to clear street gangs from residential neighborhoods, a federal district judge has blocked them until she rules on a pending lawsuit by the ACLU which claims the injunctions are unconstitutional.  James Queally of the Los Angeles Times reports that Chief U.S. District Judge Virginia Phillips is the first judge to block the injunctions since there were initiated in the late 1980s to prevent street gangs from claiming neighborhoods as their "turf", blocking streets, blasting music, breaking into cars and intimidating residents.  By declaring specified members of a gang a public nuisance and prohibiting them from congregating in a particular neighborhood, the injunctions gave police the authority to detain, question, search and arrest gang members.  The use of these injunctions had a dramatic impact on the quality of life in former gang-infested neighborhoods, reducing crime and restoring piece for those who lived in them.  In 1995, CJLF filed an amicus brief in Gallo v. Acuna, encouraging Cailfornia's highest court to reject an ACLU challenge to the use of an injunction to drive a gang out of the San Jose neighborhood of Rocksprings.  After the court upheld the injunction, the Los Angeles City Attorney began a successful effort to secure similar injunctions for many LA neighborhoods.  The city may appeal Judge Phillips' order.   

Long Knives Out For Sentencing Commission Pick:  The Marshall Project, a New York based nonprofit that campaigns for pro-defendant sentencing policy, is vigorously opposing the appointment of Georgetown Law Professor William Otis to the U.S. Sentencing Commission.  In a piece released yesterday, Justin George writes that "Otis' nomination......is regarded by critics as putting a fox in the henhouse."  Otis's support for mandatory minimums puts him at odds with "most researchers" who, while acknowledging that they have "played some role" in reducing crime, came at a high cost in dollars, damaged communities and racial inequity.   He leaves out the hundreds of thousands of fewer crime victims due to progressive sentencing over the last 20 years.  Among the largest beneficiaries were law abiding people of color.   

The Washington Post's lead Sunday article was about a friend and a key ally of mine in the successful effort to head off the Smack Dealers Windfall Bill, a/k/a the Sentencing Reform and Corrections Act, which went down in the last Congress without so much as getting to the floor in either chamber.

Cliff Kincaid has this post at Accuracy in Media:

Before Senator Ted Cruz (R-TX) electrified conservatives with his denunciation of liberal media bias at the GOP presidential debate last week, he took a little-noticed position on a major crime bill before the Senate that set him apart from the politically powerful Koch brothers. Taking the side of law-and-order conservatives on an issue that could emerge as a major focus of the 2016 presidential campaign, Cruz came out against the Sentencing Reform and Corrections Act (S. 2123) on the grounds that the legislation, which will retroactively reduce the sentences of thousands of federal prison inmates, could lead to the release of violent criminals, some convicted of using weapons while engaged in other crimes. He said the Senate bill would release "illegal aliens with criminal convictions" when a "major crime wave" is already sweeping the nation.

In an extraordinary development, the Koch brothers decided to publicly go after Cruz. Echoing the views of the libertarian billionaires, whose network of conservative advocacy groups was planning to spend $889 million on the 2016 campaign, Mark Holden, Senior Vice President & General Counsel of Koch Industries, Inc., issued a statement denouncing the Texas senator by name. He said, "We are disappointed that some members, including Senator Cruz, who have supported the need for reform and been strong supporters of the Bill of Rights, did not support this bill."

Strong supporters of the Bill of Rights?  Since when does supporting the Bill of Rights require supporting badly written, ill-conceived legislation that goes much too far in bringing back the evils that the 1984 sentencing reform was enacted to correct?  See CJLF's analysis of S. 2123.

Border Vulnerable to Islamic State Terrorists:  The director of the Texas Department of Public Safety warned that the porous southern border may leave Americans vulnerable to a jihadist attack, citing persons with a "terrorism presence" having been caught infiltrating the Texas-Mexico border.  Kellan Howell of the Washington Times reports that Steven McCraw, speaking at the annual Texas Border Coalition meeting, said that an unsecure border with Mexico leaves Texas and other border states extremely vulnerable, "as is provides criminals and would-be terrorists from around the world a reliable means" to enter the nation undetected.  He affirmed that suspected Islamic State terrorists had successfully crossed the border into the U.S.

DOJ to Release 2,000 Criminal Aliens:  Border state Sheriffs are concerned with the U.S. Department of Justice's (DOJ) plan to release 6,000 federal inmates from prison, 2,000 of whom are foreign citizens.  Lana Shadwick of Breitbart reports that Jackson County, Texas Sheriff Aj (Andy) Louderback is hesitant to believe the federal government's claims that those 2,000 illegal immigrants "will be deported quickly," and will instead be protected under numerous categories outlined in the Priority Enforcement Program (PEP), which takes a select class of criminal aliens no longer picked up by U.S. Immigration and Customs Enforcement (ICE) and forces sheriffs to release them from county jails and into communities.  Louderback argues that "by creating PEP exceptions, the federal government is refusing to follow federal immigration laws that are on the books."  In the last year, deportations have fallen to the lowest level since 2006, and deportations for criminal aliens have also dropped to the lowest level since President Obama took office.  The 6,000 inmates will be released between October 30^th and November 2^nd.  Another 8,550 are eligible for release between November 1, 2015 and November 1, 2016.

Oregon Shooter's Mother Aware of his Mental Issues:  The mother of the man who stormed his community college classroom in Oregon last Thursday, gunning down his teacher and eight classmates, was aware of both his interest with guns and his mental health issues.  Suman Varandani of the International Business Times reports that Laurel Harper, a nurse and mother of gunman Chris Harper-Mercer, acknowledged in online posts that her son struggled with mental illness, but encouraged his fascination with guns and had several firearms stored in their home.  Harper allegedly confided in colleagues about the challenges raising her son, who she claims had Asperger's syndrome, and spoke of plans to place him in a psychiatric hospital in California before moving to Oregon in 2013.  She elaborated to the colleague that "the big problem is, when doesn't take his medication."

Three Killed, Including Gunman, at a Louisiana Movie Theater:  A lone gunman opened fire inside of a packed Lafayette, Louisiana movie theater Thursday evening, killing two and injuring several others before turning the gun on himself.  Tom Winter, Tracy Connor and Erik Ortiz of NBC News report that 59-year-old John Russell Houser was described as a drifter, and his former wife told authorities that she had all guns from their home removed due to his history of "extreme erratic behavior" and mental problems.  Police are still investigating a possible motive for why Houser gunned down moviegoers during the 7:10 p.m. screening of the comedy "Trainwreck."  Lafayette Police Chief Jim Craft says that, due to the recovery of disguises and license plates in Houser's motel room, they believe that the event was planned and he intended to leave alive.

Sanctuary Cities Become Havens to Avoid Lawsuits:  Some sanctuary cities become havens for illegal immigrants and refuse to enforce federal immigration policies "not because of any moral obligation to immigrants," but rather, for fear of lawsuits.  The AP reports that sanctuary cities across the nation are under fire since July 1, when Kathryn Steinle was shot and killed while walking on a San Francisco pier by an illegal immigrant with seven felonies and five prior deportations.  He was released into the community even though U.S. Immigration and Customs Enforcement sought to deport for a sixth time.  House Republicans passed a bill Thursday to push cities that refuse to share information with federal immigration authorities, and plan to introduce legislation that specifically addresses the release of immigrants sought by federal authorities for deportation.   

Prop 47 Plays 'Significant' Role in LA County Crime Rise:  Los Angeles County Sheriff Jim McDonnell says that Proposition 47, the voter-approved initiative that downgrades certain felonies to misdemeanors, plays "a significant role" in the rising crime rate throughout Los Angeles County, and has eliminated incentive for drug addicts to seek treatment.  Tami Abdollah of the AP reports that so far this year, violent crime has increased 3.39 percent and property crime has gone up 6.9 percent, while county treatment rolls for drug addicts are down 60 percent.  Los Angeles County was experiencing a 10-year trend of crime reduction and was at 50-year lows in many areas, up until the passage of Prop 47 last November.  "It would be naïve to say that 47 didn't play a major role in that," McDonnell adds.

87% of Illegal Immigrants to Remain in the U.S.:  A new report by the Migration Policy Institute (MPI) concludes that President Obama's executive action on immigration enforcement will provide "a degree of protection" to an estimated 87 percent of illegal immigrants in the U.S., who in turn, will not face threat of deportation.  Caroline May of Breitbart reports that the Obama administration's plan to replace the Secure Communities program with the Priority Enforcement Program (PEP) will have a significant impact on immigration enforcement, with an estimated reduction of 25,000 interior deportations from the U.S. annually.  MPI also estimates that only 13 percent of illegal immigrants would be considered enforcement priorities under the new policy guidelines, compared to 27 percent under the 2010-11 guidelines.

Two Teen Relatives Held in Fatal Stabbing Deaths of Family:  A silent 911 call led police to a suburban Tulsa home, where the bodies of five people were discovered with fatal stab wounds, and apprehended two teenage male relatives of the victims who attempted to flee in nearby woods.  The AP reports that the deceased include adults and juveniles, though a girl survived but is in critical condition with stab wounds, and another child was left unharmed.  According to neighbors in the upper-middle class neighborhood of Broken Arrow, where violent crime is rare, the children in the family were home-schooled and "kept on a tight leash."  Broken Arrow police have sought the Oklahoma State Bureau of Investigation for assistance.

Man with Gang Ties Arrested in CA Police Officer's Shooting Death:  A police sergeant in Hayward, California was shot and killed Wednesday during an early morning traffic stop by a man with alleged gang ties.  Fox News reports that 21-year-old Mark Estrada fatally shot 48-year-old Sgt. Scott Lunger, a 15-year veteran of the force, without warning after he was pulled over for swerving and driving erratically.  Estrada received non-fatal gunshot wounds that Lunger's partner, who was unharmed, fired.  Lunger is the second San Francisco Bay Area officer killed in the line of duty this year.  Estrada has been arrested for the shooting and is currently under police watch in a hospital while he recovers from his injuries.

Illegal Alien Crime Wave in Texas:  An internal report by the Texas Department of Public Safety reveals that illegal immigrants are responsible for thousands of crimes in the state, many of them violent.  J. Christian Adams of PJ Media reports that according to the report's analysis, illegal immigrants committed 611,234 unique crimes, 2,993 of which were homicides, in Texas alone.  Between October 2008 and April 2014, 177,588 criminal alien defendants were booked into Texas county jails, according to the Secure Communities initiative, an information-sharing program between the Department of Homeland Security and the Department of Justice.  However, the actual number is likely much higher, as the Secure Communities initiative is only able to tag and identify criminal aliens that have already been fingerprinted.

Mayor in CA Blames Realignment for Surge in Local Violent Crime: Jon Baird of CBS Local (Los Angeles) reports the mayor of La Puente in California said Thursday the state realignment plan is responsible for a sharp jump in crimes in the city. La Puente Mayor John Solis says sexual assaults are up about 300 percent, and assaults with guns and knives up nearly 150 percent citywide since realignment took effect in October. The city is spending $50,000 to increase its police force and will set up a task force to deal with the crime surge.  

Judge Halts Release of Some Pardoned by Barbour: Emily Wagster Pettus of the Associated Press reports Circuit Judge Tomie Green in Mississippi issued an injunction late Wednesday at the request of state Attorney General Jim Hood, blocking the release of 21 inmates pardoned or given medical release by outgoing Governor Haley Barbour. Hood said he believes Barbour may have violated the state constitution by pardoning some inmates who had failed to give sufficient public notice about their intentions to seek a pardon.

Convicted Murderer in Connecticut Home Invasion Case Seeks New Trial: Dave Collins of the Associated Press reports lawyers for Joshua Komisarjevsky, sentenced to death in Connecticut last month, are asking for a new trial. Komisarjevsky's lawyers say the trial should have been moved out of the New Haven area in order to have a fair and impartial jury. His lawyers also say their client was denied his right to probable cause hearings when the state amended the charges against him, and denied his right to confront a "powerful" witness. Komisarjevsky was convicted of the 2007 murders of a woman and her two daughters, in which he raped and strangled the mother and sexually assaulted one of the daughters before tying them to their beds, dousing them with gasoline, and setting the house on fire.

Woman Calls Police After Drug Dealer Sells Her Sugar: The Smoking Gun reports Suzanne Basham of Missouri called police to report that she had paid $40 for crack cocaine that turned out to be sugar. Basham asked the police to arrest her dealer for theft and secure a refund for her. At the address where Basham said she purchased the crack cocaine, the residents denied selling drugs and declined to let investigators inside. Basham was cited for possession of drug paraphernalia after cops discovered she was in possession of a crack pipe.

Dept. of Labor Offers $20 Million in Grants for Ex-Cons Seeking Work: The Associated Press reports the U.S. Department of Labor is offering over $20 million in grant funds to organizations that provide employment services and support to former prisoners. The Department of Labor expects to award 17 grants of approximately $1.21 million each, targeting nonprofits in high-poverty, high-crime communities. The news release from the DOL is here.

Rhode Island Refuses to Hand Over Murder Defendant: Laura Crimaldi of the AP reports the U.S. Court of Appeals for the First Circuit heard argument today regarding Rhode Island's refusal to turn over a murder defendant to federal authorities in an attempt to protect him from facing the death penalty. Jason W. Pleau was indicted in federal court last year for the September 2010 robbery and fatal shooting of a gas station clerk at a bank. If convicted, Pleau could face the death penalty. Rhode Island Governor Lincoln D. Chafee refused a request to turn over Pleau, citing the state's longtime opposition to the death penalty. Governor Chafee filed a request after the hearing seeking to join the case.

The Sex Offender Registration and Notification Act, Five Years Later: Emanuella Grinberg of CNN reports on the status of the Sex Offender Registration and Notification Act, signed by President George W. Bush five years ago this week. The law set forth national standards for monitoring sex offenders in U.S. communities. This week also marks the deadline for states, tribes, and U.S. territories to meet the act's requirements or face a 10% cut in federal justice assistance funding. Fourteen states have implemented SORNA, with many making last minute submissions. According to Linda Baldwin, director of the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, the biggest hurdles for most states are implementing technology and adjusting statutes.

Utah Law Enforcement Agencies Launch Anonymous Crime Tipping Program: PR Newswire reports more than 50 law enforcement agencies in Utah today have launched an anonymous crime tipping program that allows the public to send secure and anonymous tips to law enforcement through their web browser, text message, or smart phone. Rep. Greg Hughes says, "in this day of shrinking state budgets and downsizing of resources, it's important for law enforcement to find new ways to fight crime." The program, TipSoft, is already being used by more than 800 law enforcement agencies throughout the country.

Delaware Set to Have First Execution Since 2005:  Esteban Parra of The News Journal (DE) reports that Delaware death row inmate Robert W. Jackson III is set to be executed between midnight and 3 a.m. Friday.  Jackson was sentenced to death for killing 47-year-old Elizabeth Girardi with an ax during a robbery of her home in 1992.  Two different juries voted on a death sentence for Jackson.  Jackson's attorneys have continued to seek a stay of execution, challenging the use of the drug Pentobarbital that Delaware plans to use, along with new claims that he is innocent.  Adam Taylor of the News Journal has this update on the Third Circuit panel which will hear arguments on the claims via telephone at 5 p.m. in the Philadelphia Federal Courthouse.  
 

California Senate to Vote on Counties Opting Out of Secure Communities: Michael J. Mishak of the Los Angeles Times reports a bill that would allow counties in California to opt out of the federal Secure Communities program passed the California Assembly on a party-line vote and is now headed to the Senate. Under the program, launched in 2008, fingerprints of those arrested and booked into local jails are cross-checked with the FBI's criminal database and sent to ICE for screening. The system is intended to identify and deport illegal immigrants convicted of serious crimes. Governor Jerry Brown supported Secure Communities when he was California's Attorney General, and last year denied a request by San Francisco Sheriff Michael Hennessey to opt out of the program. But the Associated Press reports the sheriff's new plan will begin in San Francisco tomorrow, where illegal immigrants arrested for petty crimes will not be held in jail longer than necessary (the time it takes ICE to check their status through the fingerprinting monitoring program), even if federal agents may want them detained for possible deportation. Instead, those eligible for release will be cited to appear in court. San Francisco mayor Ed Lee says his office has reached out to federal authorities to determine if the policy conflicts with federal law. 

Three Death Row Inmates Claim Mississippi Did Not Follow Administrative Procedures Act: The Associated Press reports that three death row inmates have filed documents with the Mississippi Supreme Court claiming the Mississippi Department of Corrections did not comply with the state's Administrative Procedure Act when it failed to properly publicize its switch to pentobarbital during executions. The 2003 law requires state agencies to notify the public of proposed changes to their rules and regulations so that the public has an opportunity to ask for hearings and officials opinions, as well as offer their own opinions to the proposed changes. A Hinds County judge dismissed a similar complaint last month, ruling that the MDOC's execution procedures are exempt from the Act.

DNA Links Two More Victims to the Original Night Stalker Serial Killer: Steve Chawkins and Nicole Santa Cruz of the Los Angeles Times report DNA testing has linked the 1981 murder of a Goleta couple to the Original Night Stalker, who is believed to be responsible for a decades-long crime spree that began with dozens of rapes in Northern California and ended with as many as 10 murders in Southern California. The identity of the Original Night Stalker is still unknown. The brother of one of his victims spent nearly $2 million to pass Proposition 69 in 2004, which mandates the DNA collection from those arrested or convicted in felony cases.

Alabama Close to Passing Immigration Bill: Bob Johnson of the Associated Press reports that after making some modifications, the Alabama Senate passed an immigration bill that already cleared the House. Sponsor Sen. Scott Beason (R) of Gardendale says that a committee will need to be set up to resolve the differences between the House and Senate versions of the bill. Both versions would require police officers to demand proof of citizenship from from anyone they stop for an infraction if they have reasonable suspicion the person is in the U.S. illegally. A person who cannot prove their legal status could be jailed, and if they are found to be in the country illegally, charged with trespassing. The bills also make it a crime to knowingly house, transport, rent to, or employ an illegal immigrant. The bills differ in their punishments, whether business should be held responsible for subcontractors who use illegal immigrants, and whether all businesses should be required to use the federal E-Verify program.

Department of Homeland Security Says Illinois Must Share Fingerprint Data for Deportations: Elise Foley of the Huffington Post reports that the Department of Homeland Security will not allow Illinois law enforcement to stop sharing fingerprint information with immigration enforcement. Illinois Governor Pat Quinn announced Wednesday his request to withdraw from Secure Communities, a program that shares fingerprints between the FBI and DHS to detect unauthorized immigrants. 42 states agreed to the program, and President Obama wants to expand the program nationwide by 2013. Quinn criticized the program for netting a large number of non-criminal undocumented immigrants, when the program is meant to capture the "worst of the worst" undocumented residents. DHS originally provided steps for local governments to opt out of the program, but has since redefined "opt out" to prevent local governments from refusing to share the information. 

ICE Fingerprint Program  in 25 U.S. Border Counties:  The Department of Homeland Security announced today that "Secure Communities," the new border security initiative that seeks to identify illegal immigrants using fingerprints taken during arrests (see our previous News Scan post here), has been deployed to all 25 U.S. counties along the southwestern border.  The AP reports the program has already led to the deportation of 47,000 illegal immigrants.

Suspected Rapist Was on Probation at Time of Crime:  The Seattle Times reports that John Alan Carter was on probation when he choked, bound, and raped a 49-year-old women for several hours last month in Washington.  After ordering the victim to withdraw $400 from her bank account, Carter fled and is still on the loose.  Carter had been checking in with his probation officer as required, and had even received permission from the officer to house-sit the residence where he committed the attack and rape. 

9th Circuit Tosses Life Sentence:  The 9th Circuit today vacated the life sentence of Adan Pineda-Doval, who was convicted in 2008 of ten counts of transporting illegal immigrants causing death as reported by the AP.  In 2006, Pineda-Doval crashed a vehicle carrying 20 illegal immigrants outside Yuma, Arizona, killing ten of the passengers.  The 9th Circuit sent the case back for re-sentencing, finding that the lower court failed to specifically find that Pineda-Doval acted with malice at the time of the crash and did not apply the correct standard of proof at sentencing. 

Federal Fingerprint Initiative:  Ivan Moreno of the AP reports on the controversial federal program that seeks to identify illegal immigrants using fingerprints taken during arrests - a program that might end up having a much greater impact on illegal immigration than the new Arizona law.  Part of the Secure Communities program, fingerprints of anyone arrested in a participating jurisdiction will be run against FBI and DHS immigration records to check the arrestee's immigration and prior arrest status.  Although most jurisdictions are not currently participating, 35,000 people have already been identified as illegal immigrants previously arrested for serious felonies and 205,000 as illegal immigrants arrested for less serious crimes, since 2007.  ICE plans on implementing the program in every jail in the country by 2013.  Opponents claim the law deters victims from reporting crimes and creates an incentive for racial profiling.

Polygamist's Rape Conviction Reversed:  The Utah Supreme Court today
reversed the rape convictions of Warren Jeffs, head of the Fundamentalist Church of Jesus Christ of Latter Day Saints, as reported by the AP.  (That's a splinter group, not the real Mormon Church.)  Jeffs was originally convicted in 2007 for performing a marriage ceremony between a 14-year-old girl and her 19-year-old cousin, but the court reversed and ordered a new trial based on improper jury instructions.  Jeffs currently faces criminal charges in Texas as well, including sexual assault of a child and aggravated assault, based on a 2008 church ranch raid.  An extradition hearing was canceled after today's ruling, and Texas authorities will have to initiate new proceedings to extradite Jeffs to face these charges.  

Zoloft Case Gets Re-Do:  Meg Kinnard of the AP reports that Christopher Pittman of South Carolina will be retried for killing his grandparents.  Pittman was 12-years-old when he shot his grandparents to death and set fire to their home.  Pittman's case gained notoriety when he claimed his use of the antidepresent drug Zoloft caused him to commit the crimes.  (See C&C previous post here.)  In an order today, South Carolina Circuit Judge Roger Young ordered a new trial based on Pittman's defense team's failure to adequately pursue a plea bargain or explain to Pittman the possible benefits of such a deal.