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Airbnb To Ban "Party Houses": After a shooting at one-night rental where a Halloween party was being held, Airbnb, which rented the property, is promising to crack down on the use of its rentals as "party houses."  Stefanie Dazio and Daisy Nguyen of the Associated Press report that five people died from the shooting at the upscale home in Orinda, California.  The four bedroom home was rented by a woman who claimed that she and her family, who suffer from asthma, needed a place to stay away from smoke a Sonoma County fire burning at the time.  Suspicious of a one-night rental on Halloween, the owner told the renter that parties were not allowed.  That night neighbors called the owner to report on the party and he called the police.  The shootings occurred before the police arrived, as roughly 100 partygoers ran for their lives.  Three victims died at the scene while two others died in the hospital.  All were between 19 and 29.  The CEO of San Francisco-based Airbnb said his company is beefing up its screening of "high risk" reservations and has created a "rapid response team" to address complaints of unauthorized parties. No suspects have been arrested for the shooting. 
UPDATE:  As noted by a comment, five suspects were arrested Thursday. Details in this story from the San Francisco Chronicle. 

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Study Casts Doubt on Racial Bias in Police Shootings:  A study published by the Proceedings of the National Academy of Sciences adds to the list of academic papers which provide evidence against the widely accepted claim that police shootings of black and Hispanic males are driven by racial bias.  The study "Officer characteristics and racial disparities in fatal officer-involved shootings," performed by five Psychology professors from Michigan State University and the University of Maryland, created a detailed database on fatal officer involved shootings which included the race and sex of the officers as well as the victims and accounted for the level of violent crime in the community where the shootings occurred.  The study found that the widely used benchmark of comparing the percentage of a given race in the population to the percentage of that race who are shot by police, is misleading because the exposure of members of different races to situations where police shootings are the most frequent vary widely.  "We find no evidence of anti-Black or anti-Hispanic disparities across shootings, and White officers are not more likely to shoot minority civilians than non-White officers.  Instead, race-specific crime strongly predicts civilian race."

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No Place for the Mentally ill:  In an article published in The Hill, Los Angeles District Attorney Jackie Lacey laments the predicament facing many law enforcement agencies, particularly in larger cities: a hefty percentage of the homeless and people arrested for crimes are mentally ill.  "And this is usually not a one-time event, as mentally ill people are frequently arrested repeatedly, but are rarely connected to the help they need.  Every year over a million people with serious mental illness are booked into jail."  While she doesn't say, we assume this is for LA County. The District Attorney makes the case for a mental-health diversion program she has implemented which attempts to connect mentally ill arrestees with community mental health services.  The problem is, there are not enough service providers to meet the demand, and often the client needs more than the short-term care than providers can give.

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Malvo Case Focuses on Juvenile LWOP:  The U.S. Supreme Court's hearing in Mathena v. Malvo, scheduled for Wednesday, October 16, has intensified the debate between those who want to end life without parole (LWOP) sentencing of murderers under 18, and prosecutors and victims groups who maintain that LWOP is appropriate in some cases.  R.J. Vogt of Law 360 reports that  the court will be deciding if its earlier rulings in Miller v. Alabama and Montgomery v. Louisiana, which placed limits on LWOP sentences for under 18 murderers, should be expanded to partially or completely eliminate the sentence, or should be narrowly construed.  Malvo was 17 in 2002 when he and John Allen Mohammad carried out a 20-day spree of random sniper attacks in the DC area,  murdering 10 people and injuring 3 others.  Since Miller and Montgomery were handed down, 23 states have abolished LWOP for juvenile murderers while 22 others have kept it.  Proponents of abolishment argue that the brains of 17 year-olds are undeveloped and often unable to control behavior.  An attorney representing another juvenile murderer told reporters, "it serves no purpose to condemn him to die in prison for his actions as a child."  But the families of those murdered by these "children" feel differently.  "Many victims would like to see Malvo in prison for the rest of his life," said CJLF Attorney Kymberlee Stapleton, who authored the Foundation's brief in the case.  Another victim's advocate put it this way:  "There are some people who are damaged and completely unable to be safe among society."  While this case is under review, abolitionists are seeking state legislation to reduce LWOP sentences for murderers up to age 25.           

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Racial Disparity Among Murder Victims:  Every year since the early 1990s, nearly half of all U.S. homicide victims have been black men.  Considering that black men represent only about 7% of the U.S. population, their disproportionately high victimization rate represents a staggering and often-ignored figure.  Eric Siddall, Vice President of the Association of Los Angeles Deputy District Attorneys, has this piece discussing how much the decline in homicides between 1991 and 2014 improved the life expectancy of African-American males, while conceding that, even with reduced murders the disproportion among victims remains.  Siddell cites the 23% increase in homicides between 2013 and 2017 reported by the FBI, at a time when the country is dramatically changing or experimenting with our criminal laws.  He sees this as evidence that the drop in murders may be coming to an end, erasing two decades of progress, at an increased cost in the lives of black men.          

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Texas Double-Murderer Put to Death:  A Texas man who stabbed an elderly mother and her daughter to death in 2003 was executed Wednesday.  Frank Miles of Fox News reports that Jack Crutsinger died 13 minutes after receiving a lethal injection as observes counted 29 snoring sounds before he stopped moving.  Crutsinger had been hired by the two victims to do some repairs on their Forth Worth home, when he stabbed them both to death, then stole the daughter's car and credit card.  DNA evidence and his confession, among other evidence, convinced a jury of his guilt.  In appeals to overturn his death sentence, he claimed that his heavy drinking diminished his responsibility for the murders, and that his appellate attorney was incompetent. 

Three Homeless Die Each Day in LA:  A column by Steve Lopez in the Los Angeles Times discusses the fact that roughly 1000 homeless people will die this year on the streets of Los Angeles, up from 407 in 2012.  Homicide, illness, drug overdoses, heart conditions, suicide and exposure are the primary causes of death.  Bodies are being found in virtually every corner of the county.  While it has been suggested that enough shelter space be created to house all of the county's homeless, "these are big, expensive difficult challenges."   This piece by Edward Ring published last May in the California Globe exposes the waste and ineffectiveness of most government-subsidized homeless programs, which have done nothing to reduce homeless population. A  rational approach to homelessness is discussed in a piece by Craig Powell, published in Eye on Sacramento, focused upon the Haven for Hope program in San Antonio, Texas, which operates a come-as-you-are transformational campus which consolidates services and provides housing to thousands of homeless every year. The goal there is to help them to rejoin society and stay off the streets. 

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ICE to Deport Criminal Aliens Arrested in MA:  ICE agents have arrested several illegal aliens wanted for serious crimes in a sweep of Boston area communities.  The Boston Herald reports that while sanctuary cities such as Boston have made it more difficult to apprehend criminal aliens for deportation, agents were able to capture three serious offenders over the past month.  Sergio De Almeida, who entered the U.S. after being convicted of murder in Brazil, was arrested on August 5, and will be deported.  Nelson Jeovanny Pena-Escobar, a citizen of El Salvador who had been deported twice in 2008, has been arrested for two counts of aggravated rape and assault and battery on a child under 14.  Santo Martire Baez-Arias of the Dominican Republic, who was deported last year, was arrested on Aug. 7 for trafficking fentanyl and is awaiting deportation again.  Commenting on the arrestees, an ICE official said "We're not talking about someone coming here trying to make a better life."   

Undocumented Kenyan Faces Death Penalty for 12 Murders:  Texas prosecutors will seek the death penalty for an illegal alien from Kenya facing trial for smothering 12 elderly women to death.  Charles Scudder of the Dallas Morning News reports that Billy Chemirmir was arrested last March for the killings at senior living complexes mostly in Dallas and Plano between May 14, 2016 and March 20, 2018.  Two women who survived his attacks told police that he posed as a maintenance worker in order to gain access to the victim's apartments. All of the victims were smothered to death with a pillow before Chemirmir stole their jewelry.  The Kenyan is also suspected of killing 7 additional women during the same period.  If convicted of the charged 12 murders, Chemirmir will become among the worst serial killers in Texas history.


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Felon Free Under Realignment Charged With Rape:  An habitual felon with multiple priors has been has been charged with a series of rapes and robberies in Santa Monica.  Brian Day of KTLA reports that Fernando Venancio, Jr. was arrested on July 22 by police responding to a robbery and attempted rape, and is linked to two other sexual assaults and another robbery beginning in early June. At the time of his arrest Venancio was scheduled to appear at a hearing to consider revoking his Post Release Community Supervision, the punishment he received for a 2018 assault conviction.  His priors include 2016 convictions for burglary, forgery and a felon in possession of ammunition.  In 2014 he was charged with carjacking, robbery, burglary, attempted assault, sexual assault auto theft, but the charges were reduced to taking a vehicle without the owner's consent.  I am sure that the three rape victims were glad that Realignment (AB109) kept this "low risk" offender on the street.   

Newsflash: Death Penalty Opponents Dislike Federal Restart:  Attorney General Barr's decision to restart the federal death penalty and change the protocol to a single-drug euthanasia with pentobarbital, is "deeply troubling" to the ACLU, anti-death penalty law professors and defense attorneys.  For a July 29 article, writer Josiah Bates of Time rounded up folks from these groups to express their concerns which include: Barr's failure to run the new protocol through the Administrative Procedures Act (APA) process; the use of undocumented pentobarbital that may be a bad batch; and concerns about "race and innocence and the most vulnerable people ending up on death row."  For the sake of argument, the new protocol is a simplified version of the previous protocol and need not be subject to the time consuming APA process.  Pentobarbital is the preferred and widely-used euthanasia drug which has been approved by the Supreme Court.  Execution via a fatal dose of this drug provides the worst federal murderers with a death more painless than most non-murderers will suffer.  The "bad batch" argument is my favorite.  Any lab can easily verify the ingredients of this widely-used drug.  Concerns that the executions of the Dayton and El Paso murderers get carried out with a bad batch are galactically misplaced.      

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Anti-Sentencing Group Launched:  Another sentencing reform (read sentencing reduction) think tank announced its launch this week.  The Associated Press reports that the new Council on Criminal Justice will be headed by a bipartisan group of sentencing reformers including former California Governor Jerry Brown, Cal Supreme's Chief Justice Tani Cantil-Sakauye, former Georgia Governor Nathan Deal, former Philadelphia Mayor Michael Nutter, and Black Lives Matter organizer DeRay Mckesson among others.  The group is co-chaired by Koch industries Vice President  Marc Holden and Sally Yates, the Obama Deputy Attorney General fired for refusing to enforce President Trump's travel ban.  While there are some Republicans involved with this group, the suggestion that there is diversity of opinion is an illusion. No one associated with this group supports tough sentencing for repeat offenders.  Koch Industries is an advocate for reduced sentences and a big supporter of the First Step Act.  Jerry Brown's record is extreme on this issue.  The group, which will be well funded by liberal donors including the Ford Foundation, the Guggenheim Foundation, and the Joyce Foundation, will join the Marshall Project, the National Council on Crime and Delinquency, the Center on Juvenile and Criminal Justice, the Sentencing Project and the ACLU and a dozen others to advocate for reduced consequences for criminals. 

Black Market Pot Flooding CA:  The State of California, where recreational marijuana became legal last year, is home to thousands of illegal pot shops and growers, which voters were told would die off if the drug were legalized and sales were regulated.  Patrick McGreevy of the Los Angeles Times reports that while law enforcement has seized roughly $30 million over the past year in illegal pot and hundreds of thousands in cash, the state is barely scratching the surface according to the California Cannabis Industry Association.  Research by New Frontier Data indicates that the black market for pot was worth $3.7 billion last year. In spite of this, the head of the Bureau of Cannabis Control thinks that her agency is doing "tremendous work" in regulating the sale of marijuana.  Governor Gavin Newsom is insisting that it will take several years for the state to take control of the market, but with pot use now legal, why would consumers pay high prices for the drug at a taxed and regulated pot shop, when they can get it much cheaper anywhere in the state on the black market.  The Associated Press reports that the promises made to voters about a windfall in tax revenues appear to have also been false.  The state has reduced its revenue projections twice in two years as it collected $288 million last year and estimates $359 million this year.  During the 2016 campaign advocates estimate $1 billion in annual tax revenues after legalization. 

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The Surge in Homeless Crime in LA:  The homeless population in Los Angeles has been large and growing for several years and crime has increased steadily along with the population growth.  Joshua Chang of Crosstown reports that something happened between 2014 and  2015 that local the police can't explain.  While the homeless population between 2014 and 2015 increased by 12%, crimes involving the homeless, either as perpetrators or victims, increased by 120%.  Homeless advocates blame Mayor Garcetti's "Clean Streets" initiative to remove trash left by the homeless, claiming that it criminalized the homeless.  The LAPD acknowledged the crime increase, but attributed some of it to better reporting.  Could it be the 2014 passage of Proposition 47, which converted the most commonly committed felonies to misdemeanors?  Following the common sense axiom that excusing crime results in more crime, it seems reasonable.  Homeless crime has continued to increase roughly 45% each year since 2015, with over 15,000 homeless crimes reported last year.     

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Boston Abandons "Broken Windows" Policing:  Last March, the newly elected District Attorney of Suffolk County, MA,  announced that her office would no longer prosecute low level offenders such as petty thieves, drug dealers, prostitutes and trespassers.  The Boston Herald reports that Rachel Rollings, who ran on a progressive criminal justice reform platform, will focus on programs that address the "underlying reasons" for those committing "minor crimes" rather than punishing the offenders.  Former Boston and New York Police Commissioner Bill Bratton told reporters that the policy will invite more crime, including more serious crime.  Bratton, who implemented "Broken Windows" policing to dramatically reduce crime in New York City in the 1990s, believes that downtown Boston may see a return of "The Zone" where streets were flooded with pimps, hookers and hustlers in the 70s and 80s.  "There is no such thing as a victimless crime.  The victim is society.  The victim is the neighborhood and the victim is the city," said Bratton.  

SF District Attorney May Challenge LADA Jackie Lacey:  Progressive San Francisco District Attorney George Gascon is contemplating a 2020 campaign for District Attorney of Los Angeles.  Alene Tchekmedyian and James Queally of the Los Angeles Times report that several social justice activists including the San Francisco-based Real Justice PAC have approached Gascon to encourage that he run against Los Angeles District Attorney Jackie Lacey.  Lacey, who was first elected in 2012, has been criticized for not being progressive enough, and for her unwillingness to prosecute police officers for alleged excessive force.  In announcing her campaign for reelection Lacey rolled out an impressive list of endorsements from liberal democrats including LA Mayor Eric Garcetti, U.S. House members Adam Schiff and Ted Lieu and several members of the LA Board of Supervisors.  The Real Justice PAC, which helped elect Boston DA Rachel Rollings, would be joined by the ACLU and several groups supported by George Soros in bankrolling the Gascon campaign.  

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2nd Conviction in NY Jogger Murder:  Following a mistrial last November, a New York jury returned a unanimous guilty verdict against Chanel Lewis for the 2016 sexual assault and murder of 30-year-old jogger Karina Vetrano.  Katherine Lam of Fox News reports that the victim's body was found in a marsh near her Queens home.  Evidence included a DNA match for Lewis found on the victim's neck, fingernails and cellphone, along with his taped confession to police.  One juror in the retrial told reporters that he felt pressured to find him guilty, but said later that he believed that justice had been served. The NY Legal Aid Society representing Lewis called the conviction a "complete miscarriage  of justice," citing the last-minute discovery of an anonymous letter questioning his guilt, a "race-based dragnet" in collecting his DNA and a coerced confession.   Lewis will be sentenced later this month. 

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High Court Blocks Gov. Brown's Pardon:  During his most recent two terms as California Governor, Jerry Brown has issued a record-breaking 1,100 pardons and 82 commutations.  For defendants with more than one felony conviction, the state supreme court must approve the Governor's request for a pardon.  Eric Siddall of the Los Angeles Association of Deputy District Attorneys reports that on December 12, the California Supreme Court denied the Governor's pardon of Borey Ai, a Cambodian immigrant who, at age 14, murdered a woman during a 1996 robbery.   Because Ai also had an earlier robbery conviction, the Governor could not pardon him without the high court's approval.  A pardon can only be denied if it is determined to be an abuse of power, and the court has not issued a denial since 1930.  Don Thompson of the Associated Press reported that Ai and other gang members had just taken $300 from 52-year-old Manijeh Eshaghoff during the robbery of her San Jose convenience store when Ai shot her in cold blood.  As the gang fled, the victim bled to death in her husband's arms.  

Ginsburg Recovering From Cancer Surgery:  Supreme Court Justice Ruth Bader Ginsburg (85) is recovering from surgery to remove two malignant nodules from her left lung.  Adam Liptak of the New York Times reports that the nodules were discovered while the justice was being treated for a broken ribs caused by a fall last November.  She is expected to remain hospitalized for several days.

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BJS: Police-Initiated Contacts Way Down:  A Bureau of Justice Statistics report indicates that between 2011 and 2015 police-initiated contacts with the public declined by 8 million nationally.  Leonard Sipes writes in Law Enforcement Today that while there is evidence that proactive policing reduces crime, police over the study period appeared reluctant to engage in aggressive law enforcement.  Sipes suggests that the data, which supplements polling from Gallup, reflects police perceptions of citizen support, harsh media criticism and the willingness of officers to take self-initiated actions.  Every form of police-initiated traffic and criminal stops, including arrests, fell during the study period.  It appears that the move to force police to back off has been successful.   

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Sixth Circuit Stays Tennessee Execution:   In an eleventh-hour ruling, a divided panel of the federal Sixth Circuit Court of Appeals has stayed today's execution of double-murderer Edmund Zagorski.  Adam Tamburin of the Tennessean reports that yesterday's ruling came after a federal district judge denied Zagorski's request for delay to allow a review of his ineffective assistance of counsel claim.  The appeals court determined that the claim needed further review.  Earlier this week, Zagorski's request to be executed in the electric chair rather than by lethal injection was denied because he missed the required deadline to make it.  Zagorski was convicted on strong evidence of leading two men into the Tennessee woods in 1983 to sell them drugs.  He instead slit their throats and stole their money and pickup truck.  The U.S. Supreme Court could decide to lift the stay.   Update: The Supreme Court lifted the stay, Justices Breyer and Sotomayor dissenting. Governor Haslam granted a reprieve to accommodate Zagorski's request for the electric chair. The Tennessean reports on the twists and turns.

WA High Court Strikes Down Death Penalty:  In a unanimous opinion announced today, the Washington Supreme Court ruled that the state's death penalty violates the state constitution.  Pete Williams of NBC News reports on the court's holding that the death penalty is applied unequally and does not serve "any legitimate penological goal."  The ruling comes four years after the state's governor imposed a moratorium on executions.  The ruling overturned the death sentence of Allen Eugene Gregory for the brutal 1996 rape, robbery and murder of a Tacoma waitress.  Gregory's guilt was not disputed by the court.  The ruling converts the death sentences of the state's previously condemned murderers to life.   A well researched piece by Jerome Woehrle breaks down the fallacies of the court's conclusions. 

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