The price of California criminal justice reform

From: POLITICO California Playbook - Wednesday Feb 01,2023 02:11 pm
Jeremy B. White and Lara Korte’s must-read briefing on politics and government in the Golden State
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POLITICO California Playbook

By Jeremy B. White, Lara Korte, Ramon Castanos and Matthew Brown

THE BUZZ: California’s newest progressive prosecutor reminded us Tuesday that the movement is far from defeated.

Freshly elected Alameda County District Attorney Pamela Price announced she would reopen investigations into eight deaths that involved contact with the criminal justice system: six of them cases where police officers fatally shot people, and two of them cases where suspects died in police custody or jail. Price cast those investigations, which will be overseen by a new police accountability unit, as following through on her pact with voters.

If you only paid attention to the Chesa Boudin recall, you may have concluded that the former San Francisco DA’s ouster decisively stymied the movement toward prosecutors who are less willing to seek lengthy sentences and more likely to charge police officers. But Boudin’s fall did not prevent ideologically aligned DA’s from winning and defending their offices in some of California’s largest counties.

Price is the newest addition to that class. Her win in November defied a political establishment that had largely coalesced behind prosecutor Terry Wiley. A familiar Oakland-based activist and repeat candidate, Price is arguably more of an outsider than any of the progressives who have won DA races in California over the last few cycles. She pointedly broke yesterday from her longtime predecessor, Nancy O’Malley, by questioning O’Malley’s office concluding late last year that three cases did not merit charges.

Policing the police is a central tenet for prosecutors like Price and Boudin. Criminal justice reformers have long argued the cozy relationships between prosecutors and law enforcement make diligently investigating police misconduct all but impossible. A new generation of prosecutors has gotten tougher in part because deep-pocketed allies offer a campaign counterweight to police unions. That dynamic helped Contra Costa County DA Diane Becton survive a union-backed challenge after her office convicted a sheriff's deputy.

That doesn’t mean it’s easy to win convictions. Boudin’s historic excessive force prosecution of an on-duty SFPD police officer ended with an acquittal. Los Angeles District Attorney George Gascón has not charged any of the four officers whose lethal force cases he reopened per a campaign vow, and he has declined to bring charges in other cases, citing a high burden of proof. Price’s office will face similar obstacles, including the amount of time that has elapsed in some cases.

But Price’s victory and announcement offers reformers concrete gains amid reversals like Boudin’s recall, an anti-Gascón’s backlash, and a San Joaquin setback. “The significance of her win is demonstrated with a decision like this,” said Cristine Soto DeBerry, a former Boudin aide who now works for the Prosecutors Alliance. Bringing charges against law enforcement is challenging, she added. Nationwide, “there have been very few filed and even fewer that result in convictions — but that doesn’t mean they don’t require our best efforts.”

BUENOS DÍAS, good Wednesday morning. House Speaker Kevin McCarthy is due at the White House today to meet with President Joe Biden. Asked Tuesday what he wanted from the Bakersfield Republican, Biden replied: “Show me your budget.”

Got a tip or story idea for California Playbook? Hit us up at jwhite@politico.com and lkorte@politico.com or follow us on Twitter @JeremyBWhite and @Lara_Korte

QUOTE OF THE DAY: “We have seen many thoughts and prayers being bandied about the police murder of Tyre Nichols in Memphis, Tennessee. The people of Tennessee want accountability — and so do the people of Alameda County” Alameda County District Attorney Pamela Price on reopening investigations into eight deaths involving law enforcement.

TWEET OF THE DAY:

Thank you to my good friend @BorisJohnson for stopping by my new office to offer congratulations. Big things ahead!

Twitter

WHERE’S GAVIN? Announcing new gun safety legislation in Sacramento with Attorney General Rob Bonta and Sen. Anthony Portantino, who has a new concealed carry bill this year after last year’s Bonta-sponsored version fell short.

 

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TOP TALKERS

OIL OPENING — Record oil earnings fuel California backlash against industry profits, by POLITICO’s Wes Venteicher: A boom in oil industry earnings has created an opening for Gov. Gavin Newsom as he pursues a first-in-the-nation cap on industry profits. … The timing is important. Oil companies are rolling out earnings announcements as lawmakers in California are poised to hold hearings on a Newsom proposal to cap profit margins — an idea he floated last year as pump prices in California rose to the highest in the nation even as the cost of a barrel of oil dropped around the world.

—“This map of S.F. shows where driverless cars have caused 'mayhem',” by the San Francisco Chronicle’s Ricardo Cano: “San Francisco firefighters were battling a two-alarm apartment blaze on the corner of Hayes and Divisadero streets during a recent Sunday morning when a driverless Cruise car entered the active firefighting scene and nearly ran over fire hoses on the street.”

CAMPAIGN MODE

RECALL REFORM REDUX — In the months after the 2021 Newsom recall failed, it looked likely lawmakers would ask voters to change the recall process. But none of the bills circulating in the Legislature got a vote. Now, Sen. Josh Newman is aiming for 2024 with a proposal that would make recalls a straight yes-or-no proposition, deleting the concurrent choice of replacement candidates. It would need two-thirds votes in both houses to get on the ballot.

Newman said in an interview that a time crunch inhibited last year’s effort. You also get a “more representative electorate in a presidential cycle,” he said. The Orange County Democrat, who was recalled in 2018 and then won his seat back in 2020, argued the one-question reform would restore the spirit of recalls as matters of “probity and ethics as opposed to a stratagem for an opportunistic political campaign.” Even if the post-Newsom-recall momentum has dissipated, Newman said, “it’s better to do it sooner rather than wait for the ideal time.”

PORTER PATRONS, via POLITICO’s Caitlyn Oprysko: Rep. Katie Porter will hold a fundraiser in Silicon Valley next month for her newly launched Senate bid, making her the latest critic of tech giants to make the pilgrimage to their cash-flush backyards. Porter will headline a fundraiser at the Palo Alto home of Sarah Sands, whose husband is venture capitalist Greg Sands. Like a fundraiser hosted by Sands for Sen. Amy Klobuchar (D-Minn.) earlier this month, the event was organized by the Bay Area fundraising group Electing Women Bay Area, according to the invite. The suggested contribution amount is $1,000.

GETTING CROWDED — Los Angeles Unified School District board member Nick Melvoin is officially running to succeed Rep. Adam Schiff in CA-30. He’ll be vying with fellow Democratic officeholders Assemblymember Laura Friedman and Sen. Anthony Portantino.

CALIFORNIA AND THE CAPITOL CORRIDOR

California offers plan for Colorado River, countering proposal from other states, by POLITICO’s Camille von Kaenel and Annie Snider: California is on its own again in negotiations over how to handle the dwindling Colorado River, proposing on Tuesday afternoon that federal officials avoid additional cuts to California’s farmers and put the burden largely on cities and tribes in Arizona.

—“Winter storms destroyed Santa Cruz's promenade. Is it worth fixing?,” by the San Francisco Chronicle’s Kurtis Alexander: “Coastal communities across California are increasingly having to respond to the loss of shoreline, a result of rising seas and more intense storms driven by climate change.” 

—“California Overturned Her Murder Conviction. ICE Still Wants to Deport Her,” by KQED’s Tyche Hendricks: “But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills.”

—“Why epic California rains might not prevent a dangerous fire season ahead,” by the Los Angeles Times’ Hayley Smith: “The main concern for this year is the timing of the dryness, he said. In fact, the wet start to January could simply push the beginning of fire season later.”

—“LAPD Chief Michel Moore receives second 5-year term,” by the Los Angeles Times’ Libor Jany and Kevin Rector: “Before voting Tuesday, the panel heard from dozens of people who called in to the remote meeting and were overwhelmingly opposed to Moore’s reappointment.”

BIDEN, HARRIS AND THE HILL

—“Dems name new members to combat GOP investigations — including Schiff,” by POLITICO’S Jordan Carney: “Democrats will get their first test run on pushing back against Republicans on the panel, chaired by McCarthy-antagonist-turned-ally Rep. Jim Jordan (R-Ohio), on Wednesday during the committee’s first hearing, centered on the border. In addition to investigations, Democrats on the Judiciary Committee will be at the forefront of any impeachment inquiries, as Republicans have called for forcibly removing Mayorkas over his handling of the border.”

 

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SILICON VALLEYLAND

—“The CEO who quoted Martin Luther King Jr. in her layoff email apologizes to staff,” by The Wall Street Journal’s Alyssa Lukpat. “The chief executive of a San Francisco startup apologized for quoting Dr. Martin Luther King Jr. in a layoff announcement, saying her email to employees was “inappropriate and insensitive.”

—“S.F. to Twitter: Fix your building permit within 15 days to keep beds at HQ,” by the San Francisco Chronicle’s Roland Li: “Musk and Twitter face more legal challenges connected to its headquarters. Its landlord, an affiliate of Shorenstein and JPMorgan Chase, sued the company this month over two allegedly missed rent payments totaling $6.8 million.”

MEDIA MATTERS

—“KPCC is changing its name to LAist 89.3,” by the Los Angeles Times’ Matt Pearce: “The new name for the broadcaster’s flagship radio channel will be the biggest change noticed by loyal KPCC listeners, who can still expect the same mix of national NPR programming, local news reports and on-air personalities like Larry Mantle.”

MIXTAPE

“UC Berkeley fires swim coach Teri McKeever” by The Orange County Register’s Scott M. Reid.

—“Warden at troubled California women's prison faced sexual harassment, misconduct lawsuits,” by The Sacramento Bee’s Sam Stanton 

—“Prosecutors charge Alec Baldwin with involuntary manslaughter, citing safety violations and 'recklessness' behind 'Rust' shooting,” by the Los Angeles Times’ Anousha Sakoui and Meg James

—“S.F. pizza parlor fires cashier who refused to serve to police officer,” by the San Francisco Chronicle’s Annie Vainshetin  

—“California’s leading conductors come together for a new festival,” by The New York Times’ Adam Nagourney

TRANSITIONS

— Katie Merrill will be general consultant for Rep. Barbara Lee’s Senate campaign

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this -only service offers, click here.

Want to make an impact? POLITICO California has a variety of solutions available for partners looking to reach and activate the most influential people in the Golden State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness amongst this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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