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San Francisco to Launch the “Be The Jury” Pilot Program on Monday to Compensate Low-Income Jurors $100 a Day

Press Releases

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March 3, 2022

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San Francisco to Launch the “Be The Jury” Pilot Program on Monday to Compensate Low-Income Jurors $100 a Day

FOR IMMEDIATE RELEASE: March 3, 2022

CONTACT:

Valerie Ibarra – SF Public Defender’s Office – (628) 249-7946 – Valerie.Ibarra@sfgov.org

Anne Stuhldreher – SF Financial Justice Project – (415) 596-6138 – Anne.Stuhldreher@sfgov.org

Rachel Marshall – San Francisco District Attorney’s Office – (415) 416-4468 – Rachel.Marshall@fgov.org

**PRESS RELEASE**

San Francisco to Launch the “Be The Jury” Pilot Program on Monday to Compensate Low-Income Jurors $100 a Day

The “Be The Jury” pilot program is the first-of-its-kind in California, will remove barriers to serving, and increase economic and racial diversity of juries.

SAN FRANCISCO – On Monday, March 7, 2022, the City and County of San Francisco will launch the “Be The Jury” pilot program in San Francisco Superior Court, which will compensate low-to-moderate-income jurors $100 a day for their jury service. The “Be The Jury” pilot program was created with the goal of establishing juries that are more reflective of San Francisco’s diverse communities and is a first-of-its-kind pilot program in San Francisco Superior Court.

The “Be The Jury” Pilot Program was authorized by Assembly Bill 1452, which was co-authored by Assemblymember Phil Ting and Senator Scott Wiener; and co-sponsored by San Francisco Treasurer José Cisneros, Public Defender Mano Raju, District Attorney Chesa Boudin, and was supported by the Bar Association of San Francisco. Governor Newsom signed AB 1452 into law in October 2021.

Starting Monday, eligible participants may receive $100 a day for jury duty. Prospective jurors will receive information about the “Be The Jury” Pilot Program along with their jury summons and can call 3-1-1 or visit the Court’s website at bit.ly/BeTheJury to learn about the program. Judges will also brief prospective jurors about the “Be The Jury” pilot program when they arrive for jury service.

Learn more about the program by going to the Court’s website or by calling 3-1-1.

“The right to a trial by a jury of your peers is a cornerstone of our criminal legal system, but we know too often our juries don’t meet that principle because of issues around who has the time and resources to serve. With the launch of the Be The Jury Pilot Program, San Francisco will be taking another big step to ensure that the legal system serves everyone,” said San Francisco Mayor London Breed.

“No one should be priced out of jury service. Our juries should reflect San Francisco’s economic and racial diversity, but low juror compensation prevents too many people from participating in jury service. The launch of the Be The Jury pilot program brings us closer to a more accessible, diverse, and just legal system,” said San Francisco Treasurer José Cisneros.

Because income inequality is strongly correlated with race and ethnicity, juries have become less racially diverse due to an inability to afford to participate. Juries are disproportionately composed of people who have the financial means to serve despite being unpaid or who have employers who will pay them during their jury service.

The “Be The Jury” pilot program will compensate jurors with low-to-moderate incomes with $100 per day for jury service in criminal trials in San Francisco Superior Court for the duration of the pilot. Jurors are eligible if their household income is less than 80% of the Area Median Income ($74,600 for a single person; $106,550 for a household of four) and if they meet one of the following criteria: (1) their employer does not compensate for jury service; (2) their employer does not compensate for the estimated duration of jury service; (3) they are self-employed; or (4) they are unemployed.

“Every person accused of a crime deserves to have a jury of their peers, but too often that is not the case for our economically disadvantaged clients who are often people of color. The Be The Jury program will enhance justice for the accused and welcome more San Franciscans to participate in this powerful civic duty. I am thrilled that this pilot is up and running,” said San Francisco Public Defender Mano Raju.

“Justice demands that our juries reflect the diverse backgrounds of the victims, witnesses, and accused persons whose lives are impacted by their decisions,” said District Attorney Chesa Boudin. “I cosponsored AB1452 to improve the racial and socioeconomic diversity of our juries and the Be The Jury pilot will remove a critical barrier for many prospective jurors’ service in San Francisco. We must continue to find ways to promote and enable jury service for all San Franciscans, so that our juries reflect our diverse communities and are able to administer justice for all San Franciscans.”

The “Be The Jury” pilot program is much needed in San Francisco, where a survey by the Administrative Office of the Courts of California found that 35 percent of jurors report that jury service imposed a financial hardship. While California law requires employers to provide time off for employees who are summoned to jury duty, employers are not required to compensate employees who serve on a jury. If a juror’s employer does not cover their salary while serving, jurors earn no compensation on their first day of service and $15 per day after that. As a result, many prospective jurors are forced to request financial hardships instead of serving on juries. Providing fair compensation to people who otherwise cannot afford to serve on a jury due to financial hardship is the first step in creating a more equitable, inclusive, and diverse justice system.

“Be The Jury’s Pilot program is an innovative way to enable all people, regardless of their economic status, to serve on a jury and have their voice heard in the justice system. We hope that there will be more diverse juries as a result of this program. BASF is proud to have supported this effort and hopes that this pilot will serve as a model for criminal and civil juries throughout California,” said Yolanda Jackson, Executive Director and General Counsel, The Bar Association of San Francisco.

“Everyone deserves a fair trial, but the legal system is full of inequities. I’m excited to see whether higher pay for jury duty authorized under my legislation will improve our criminal justice system. Studies show when juries are diverse and reflective of the communities they serve, they tend to spend more time deliberating the case and are less likely to presume guilt. I can’t wait to see the results of this pilot program,” said Assemblymember Phil Ting (D-San Francisco), author of AB 1452.

“When our juries aren’t as diverse as the general population, it leads to a serious equity issue in our criminal justice system. The Constitution guarantees the right to a jury of your peers. Increasing juror compensation and the Be The Jury Pilot Program are key to achieving that,” said Senator Scott Wiener.

The “Be The Jury” pilot program is funded by philanthropic dollars raised by the San Francisco Treasurer’s Financial Justice Project. Stakeholders will conduct an evaluation of the pilot program once it is completed.

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Here is the video that the court will show people about “Be The Jury” when they report for jury duty.

If video does not play on this page, click the link above.

Here is the informational postcard about Be The Jury.

Be-the-Jury-Postcard_3.5×5 Download

Here’s the Be The Jury one-pager overview of the program.

Be-The-Jury-One-Pager Download

Case Dismissed Mid-Trial Due to Lack of Evidence Against Man Who Spent a Year in SF Jail

Press Releases

Office of the Public Defender

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February 28, 2022

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Case Dismissed Mid-Trial Due to Lack of Evidence Against Man Who Spent a Year in SF Jail

FOR IMMEDIATE RELEASE: February 28, 2022

MEDIA CONTACT: SF Public Defender’s Office | Valerie.Ibarra@sfgov.org | (628)249-7946

**PRESS RELEASE**

Case Dismissed Mid-Trial Due to Lack of Evidence Against Man Who Spent a Year in SF Jail

Defense cites faulty police investigation, questions whether crime was committed at all

SAN FRANCISCO – On February 14, charges were dismissed against Bernardo Tamayo who spent the last year in jail awaiting trial. Mr. Tamayo was falsely accused of tampering with a vehicle, robbery with a gun enhancement, and illegal possession of a firearm. Deputy Public Defender Cris Lamb questioned whether a robbery had taken place at all and why Mr. Tamayo had been included in a police photo lineup when he did not bear any resemblance to the alleged suspect. After the Public Defender’s Office further investigated the claims reported in this incident, and the case finally went to trial, Ms. Lamb presented evidence to the judge that the alleged victim was going to perjure himself on the witness stand. The prosecution then dismissed the charges against Mr. Tamayo citing insufficient evidence.

In her opening remarks to the jury, Ms. Lamb said, “This is a cautionary tale of what can happen to an innocent person when police get tunnel vision. Tunnel vision is when your focus is so narrow that you miss glaringly obvious things that a person with clearer vision would see.”

The incident in question happened in November 2020, when a man called the police from a co-worker’s phone to report that he’d seen a person under his car tampering with the catalytic converter. The man gave varying accounts of what happened thereafter, but claimed that he attacked the suspect on the ground, and that the suspect then ran to a getaway car, where he allegedly retrieved a gun, which he used to threaten the man and steal his phone. He described the male suspect as short, skinny, Caucasian and blonde.

Mr. Tamayo’s defense team found the police investigation in this case to be problematic in many ways.

First, when the officers asked the man for the phone number of the stolen iPhone so it could be traced, the man claimed not to know the number and that he had bought it from a family member. Mr. Tamayo’s defense team later discovered that the alleged victim did not own a phone at the time he reported one stolen, and subpoenaed the family member who denied selling a phone to the man.

Second, despite an independent eyewitness offering to give a statement and contact information to the officers on scene, the officers refused to take it. Months later, Mr. Tamayo’s defense team located the eyewitness who said that they had a clear line of sight on the interaction around the car, but that the suspect never retrieved anything from the getaway vehicle and there was no gun. The eyewitness also said the suspects were African American.

Third, the only physical evidence collected at the scene was a beanie on the ground. After the police ran DNA tests on the beanie, it came up with several low level possible matches, one of whom was Mr. Tamayo who was living in Alameda County. Even though Mr. Tamayo did not match the physical description of the suspect, the investigating officer, Sgt. Gregory Skaug, used Mr. Tamayo’s picture in a photo lineup and obtained a warrant to search an East Bay residence where Mr. Tamayo was known to visit but did not live. Nothing obtained during that search could be linked to this reported incident.

Further, the way the photo lineup was conducted violated California law in several ways. The statute requires that the people in the lineup must match the description of the suspect, no one can unduly stand out from the rest, there can only be one actual suspect in the lineup, and a video must be taken of the viewing in order to detect any non-verbal cues or suggestions. None of this was followed by SFPD.

In contrast to the description of the suspect as skinny, blonde and Caucasian, Mr. Tamayo is heavy set and Latino. Mr. Tamayo also has a distinct tattoo on his face, which the others in the lineup did not. And, the reporting victim picked two men out of the lineup, claiming that the other was the driver of the getaway car. The photo line up was not recorded on video.

Despite these gross inconsistencies, Mr. Tamayo was arrested and charged with several felonies, and the prosecutor argued against letting him out of jail on bail pretrial. Mr. Tamayo then spent close to one year in jail before being brought to trial over seven months past the legal deadline.

Once in trial, Ms. Lamb presented damning evidence to the judge that the alleged victim was going to perjure himself on the witness stand. The judge then assigned the man his own counsel who reviewed the evidence and directed the man to plead the Fifth Amendment to any questions during testimony so as not to incriminate himself. This left the prosecution with no witness and insufficient evidence, so the charges were dropped.

“The entire defense team did a remarkable job uncovering the injustice that Mr. Tamayo suffered by being falsely accused of these serious charges,” said San Francisco Public Defender Mano Raju, who is pursuing legal action against the San Francisco Superior Court which has continued hundreds of criminal trials past their legal deadline, leaving many to suffer the harsh conditions of jail during the pandemic. “We need more courtrooms open for trial precisely to prevent further injustice for people like Mr. Tamayo.”

The Defense Team was led by Deputy Public Defender Cris Lamb, Co-Chair Deputy Public Defender Kelsey Ryburn, Investigator Collin Olsen, and Paralegals Susan Frommer and Marcy Diamond.

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*This press release was updated on 3/1/22 to acknowledge all staff who worked on the Defense Team.

San Francisco Public Defender Announces the Hiring of Angela Chan, Long-time Immigrant Advocate for the Asian Law Caucus

Press Releases

Office of the Public Defender

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February 22, 2022

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FOR IMMEDIATE RELEASE: February 22, 2022

MEDIA CONTACT: SF Public Defender’s Office | Valerie.Ibarra@sfgov.org | (628)249-7946

**PRESS RELEASE**

San Francisco Public Defender Announces the Hiring of Angela Chan, Long-time Immigrant Advocate for the Asian Law Caucus

SAN FRANCISCO – San Francisco Public Defender Mano Raju announced today that he has hired Angela Chan to join the leadership team of the San Francisco Public Defender’s Office. Ms. Chan previously was the policy director and a senior staff attorney managing the Criminal Justice Reform Program at Advancing Justice – Asian Law Caucus for over 15 years. Ms. Chan played a key role in writing and leading campaigns to pass sanctuary ordinances and laws throughout California, and also served on the San Francisco Police Commission. In her new role at the Public Defender’s Office, Ms. Chan has been appointed Chief of “Confront and Advocate” to lead and support the agency-wide strategy of confronting state-sponsored violence and advocating for community power.

“Ms. Chan’s tremendous leadership experience in San Francisco and across the state on issues related to both criminal justice and immigration will be a major asset to our office. She brings with her strong and deep connections to the Chinese American and other immigrant communities through her many years of dedication at Advancing Justice – Asian Law Caucus, and importantly, she shares our commitment to challenging systemic inequality and injustice,” said Mr. Raju.

“It’s an honor to join Mr. Raju and the rest of the talented team at the San Francisco Public Defender’s Office, which has been on the national forefront of providing the highest quality of defense for community members for decades. I am inspired by the San Francisco Public Defender’s innovative community-centered programs that provide vital services to our communities, including record clearing, immigration defense, and youth programs. And I’m looking forward to drawing from their experiences serving community members impacted by the criminal system to advance policy reforms that move us towards a more just and equitable society,” said Ms. Chan.

Ms. Chan joining the San Francisco Public Defender’s Office brings her back full circle. When she began at the Asian Law Caucus as a Soros Justice Fellow in 2006, her project focused on partnering with the Youth Defender’s unit of the Public Defender’s Office to advocate for parents who are Limited English Proficient with youth in the juvenile system. Ms. Chan represented Chinese American parents to ensure they had equal access to justice, including assisting them with navigating the system and effectively advocating for their children.

Ms. Chan’s advocacy for immigrant families in the juvenile system led her to develop and lead successful campaigns to pass Sanctuary policies in San Francisco and statewide. She co-led campaigns to pass three ordinances that strengthened San Francisco’s Sanctuary Ordinance by ending the transfer of youth and adults by local law enforcement to ICE. She also co-founded the ICE out of CA statewide coalition to pass the TRUST Act, the TRUTH Act, and the CA Values Act at the state level to protect thousands of immigrants from being turned over to ICE by local law enforcement across the state every year. The transfer of immigrants to ICE has particularly impacted Southeast Asian refugees who have endured the trauma of fleeing genocide and war, resettlement in under-resourced and over-criminalized neighborhoods in the U.S., and then draconian prison sentences for mistakes made as youth.

Assemblymember Phil Ting said, “I was executive director for the Advancing Justice – Asian Law Caucus when Ms. Chan first joined as a law clerk and I applaud her 15 years of dedication to this community-based civil rights organization. I know Ms. Chan will continue to be a strong advocate for Asian American communities and our most vulnerable community members as she transitions to this new role in the San Francisco Public Defender’s Office.”

Ms. Chan is the proud daughter of immigrants from Guangdong, China who immigrated to Portland, Oregon in the 1970’s where they ran a Chinese restaurant for over twenty-five years. Ms. Chan grew up working at the restaurant along with her brother and sister.

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SF Public Defender Calls for the Immediate Destruction and Independent Investigation of Illegal DNA Database Created by SF Police Crime Lab

Press Releases

Office of the Public Defender

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February 18, 2022

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FOR IMMEDIATE RELEASE: February 18, 2022

MEDIA CONTACT: SF Public Defender’s Office | PubDef-MediaRelations@sfgov.org | (628)249-7946

**PRESS STATEMENT**

SF Public Defender Calls for the Immediate Destruction and Independent Investigation of Illegal DNA Database Created by SF Police Crime Lab

The San Francisco Public Defender’s Office expressed outrage at the recent revelation that the SFPD crime lab has been using an illegally created database – compiled with DNA collected from people alleging sexual assault – to match them to unrelated incidents.

Public Defender Mano Raju calls on the San Francisco Police Department to destroy the database immediately and end this practice because it tramples on the constitutionally protected privacy rights of community members, and is an offensive abuse of state power.

In light of the SFPD Crime Lab’s history of illegal conduct, including multiple drug lab scandals, Police Chief Bill Scott’s suggestion that his own internal Investigations Bureau will “review the matter” is an example of his department’s efforts to evade real accountability for its misconduct and to avoid reform through independent investigation.

The secret practice of creating and illegally using a database with the DNA of individuals alleging sexual assault must end immediately. We also call for an independent investigation of the SFPD Crime Lab, real consequences for those responsible for this egregious breach of trust, and new policies and procedures to prevent further abuses. And we ask for the release of information as to how many community members have been impacted and immediate redress for those who have been charged or convicted based on database matches using this illegal practice.

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SF Jury Acquits Longtime Violence Prevention Activist of DUI Charges

Press Releases

Office of the Public Defender

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February 15, 2022

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SF Jury Acquits Longtime Violence Prevention Activist of DUI Charges

FOR IMMEDIATE RELEASE: February 15, 2022

MEDIA CONTACT: San Francisco Public Defender’s Office | Valerie.Ibarra@sfgov.org | (628)249-7946

**PRESS RELEASE**

SF Jury Acquits Longtime Violence Prevention Activist of DUI Charges

SAN FRANCISCO – Last week, a San Francisco jury took less than an hour to acquit Richard Isom of a misdemeanor charge of DUI. Deputy Public Defender Zachary Waterman defended Mr. Isom, who testified that he was not intoxicated when his tire blew out on 280-South near Ocean Avenue, but rather that he consumed alcohol in the panic that followed.

“I appreciate the jury for understanding the circumstances and making the right decision to acquit Mr. Isom who was not driving while intoxicated, but rather was shaken by a life-threatening accident,” said Mr. Waterman. “Mr. Isom has spent much of his life giving back to his community and would never do anything to endanger others.”

On September 21, 2021, Mr. Isom was driving home from a social gathering when he hit a pothole, popped a tire, and spun out on the freeway. Unable to move his car off the roadway, and the emergency hazard lights no longer working, he knew he needed to get to the side of the road. In the panic, he grabbed unopened wine from his car and drank it on the side of the road as he waited on hold with the tow truck company for over 30 minutes.

When police arrived, they gave him a breathalyzer test that showed his blood alcohol was above the legal limit. Although he admitted to consuming two drinks prior to the car incident, an expert testified that, due to his size and the timeframe, those two drinks would not have elevated his blood alcohol to an illegal level.

Mr. Isom attributed his panic, in part, to the fact that he had previously lost a family member to a freeway pile up, and had his own brush with death during a severe case of COVID-19. He had just recently recovered after being hospitalized, in a coma and on a ventilator, not knowing whether he would live to raise his young son. The experience of having COVID inspired him to advocate for people in the Bayview to get vaccinated, and he currently volunteers at a COVID testing site to feed the staff.

“Mr. Isom has long been a pillar of the community, working with youth to help end cycles of violence and incarceration that he experienced as a young person. This incident stemmed from a traumatic freeway accident and a subsequent misunderstanding, not any criminal conduct. I am glad that he was able to have a jury listen to what happened and judge it fairly,” said San Francisco Public Defender Mano Raju.

The defense team was led by Deputy Public Defender Zachary Waterman with support from the Public Defender’s Research Unit and Misdemeanor Unit.

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Public Defender Mano Raju’s Departmental Budget Presentation FY 2022-2023

Media

Office of the Public Defender

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February 11, 2022

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Public Defender Mano Raju’s Departmental Budget Presentation FY 2022-2023

On Monday, February 14, 2022, the Public Defender’s Office held an online community presentation to share our Departmental Budget Priorities for FY 2022-2023. Learn about our values, mission, and priorities for the coming fiscal year 2022-2023.

Transformative Justice, Racial Equity, Community Health

Public Defender Mano Raju presented our department’s budget priorities at a community event facilitated by Lyslynn Lacoste, longtime Director of our Bayview MAGIC program who is transitioning to become our new Chief of Staff. We welcomed guest speakers Joanna Hernandez of the Latino Task Force and Sayra Pinto of Moon Jaguar Strategies, LLC – both of whom spoke about how our work as Public Defenders impacts the community and intersects with broader liberation movements.

Watch the presentation on YouTube.

Legal Action Urging SF Superior Court to Address Mass Trial Delays Moving to the CA Court of Appeal

Office of the Public Defender

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February 10, 2022

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Legal Action Urging SF Superior Court to Address Mass Trial Delays Moving to the CA Court of Appeal

FOR IMMEDIATE RELEASE: February 10, 2022

MEDIA CONTACT: Valerie Ibarra | Valerie.Ibarra@sfgov.org | (628) 249-7946

**PRESS RELEASE**

Legal Action Urging SF Superior Court to Address Mass Trial Delays Moving to the CA Court of Appeal

San Francisco’s Criminal Trial Backlog & Jail Conditions Remain a Serious Cause for Concern

SAN FRANCISCO — Petitioners San Francisco Public Defender Mano Raju, Donna Doyle, Rose Marie Sims, and John Dunbar have taken the next legal step to seek redress for the humanitarian crisis caused by the San Francisco Superior Court’s failure to afford hundreds of people the speedy trial rights to which they are entitled under California law.

On February 10, 2022, the Petitioners – which include Donna Doyle and Rose Marie Sims, two mothers with adult children whose speedy trials rights were violated – filed a petition for writ of mandate with the California Court of Appeal, seeking the San Francisco court’s compliance with California statutes that require courts to give precedence to the trial of criminal cases over civil cases, and to cases where the accused is incarcerated pre-trial. The petition alleges that the San Francisco Superior Court, Presiding Judge Samuel K. Feng, and Chief Executive Officer T. Michael Yuen are disregarding their legal duties resulting in an ongoing crisis where hundreds of presumptively innocent people are being made to endure solitary-like conditions in jail while they await trial.

“We won’t stop fighting for our clients whose civil and human rights have been violated in San Francisco Superior Court,” said San Francisco Public Defender Mano Raju. “We look forward to the Court of Appeal hearing the matter urgently and granting relief to our clients and their families.”

Legal Actions

In September 2021, Mr. Raju and a group of taxpayers filed a lawsuit in and against San Francisco Superior Court, to compel the court to address the backlog of trials that has built up since the beginning of the pandemic. The matter was transferred to Contra Costa County Superior Court after the San Francisco bench recused itself from hearing the case.

On December 17, 2021, Judge Edward Weil ruled, in part, that Contra Costa Superior Court does not have the authority to grant the writ petition, and that relief must be sought in the Court of Appeal instead.

The petition filed in the Court of Appeal seeks relief for those whose trial deadlines have passed, including the hundreds of people who continue to “suffer the harsh, solitary-like conditions of pre-trial confinement for months past their statutory last day for trial”; arguing that the court’s conduct in continuing cases past their deadlines is “arbitrary and capricious and an abuse of discretion,” and that the “systemic violation of statutory duties to give calendar preference to criminal and in-custody trials” requires an “immediate resolution.”

Trial Backlog & Jail Conditions in San Francisco

The number of people whose trial deadlines have passed continues to grow. By the end of December 2021, there were 475 people with cases past their statutory last day for trial – including 207 people in custody, representing nearly 25% of the jail population. This time one year ago, there were only 68 people in custody past their deadline for trial. The backlog is growing, and at this rate will never be cleared. Meanwhile, the San Francisco Superior Court only devoted 11% or less of its courtroom space to criminal trials in the last six months of 2021, despite the easing of social distancing.

Conditions in San Francisco County jail remain concerning, where most people are kept on lockdown for 23 hours a day and have no access to the outdoors or in-person family visits – conditions which can cause permanent mental, emotional, and physical harm.

“As a mother and as a San Franciscan, I am outraged, disappointed, and have no faith in the so-called judicial system, which has failed everyone who has been incarcerated these last two years. The individuals that we put into office to uphold the law have violated our sons’ and daughters’ civil rights,” said petitioner Rose Marie Sims, whose son has been in continuous pretrial custody for 863 days, including 444 days past his original trial deadline in November 2020. “Men and women who have not even been convicted yet have been locked up for 23 hours a day. Their trauma of being locked up like animals can have long-term physical and mental health impacts, which also harms our families.”

The plaintiffs are represented by the law firms of Olivier Schreiber & Chao LLP and Miller Shah LLP.

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San Francisco Public Defender Mano Raju Urges Police Commission to Preserve Independent Oversight of SFPD

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February 3, 2022

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San Francisco Public Defender Mano Raju Urges Police Commission to Preserve Independent Oversight of SFPD

FOR IMMEDIATE RELEASE: February 3, 2022

MEDIA CONTACT: Valerie Ibarra | PubDef-MediaRelations@sfgov.org | (628)249-7946

**PRESS STATEMENT**

San Francisco Public Defender Mano Raju Urges Police Commission to Preserve Independent Oversight of SFPD

“Rarely do officers across the nation face criminal charges for on-duty violence, and San Francisco is no exception.

I am disappointed that yesterday, SFPD Chief Bill Scott unilaterally withdrew from an agreement which ensures that an outside entity – the San Francisco District Attorney’s Office – acts as the lead investigator for police shootings, in-custody deaths, and uses of force resulting in serious bodily injury. This agreement, while not perfect, provided independent oversight to a critical investigation process that has repeatedly failed to provide justice for victims of police violence.

Without this MOU in place, the SFPD will go back to policing themselves, which presents a clear conflict of interest that San Franciscans have long rejected by creating oversight bodies and mechanisms to provide transparency. For a department that still stops, searches, and inflicts violence disproportionately against Black, Latinx, and other marginalized communities, the public deserves at a minimum the transparency and protection that this agreement provided.

Chief Scott’s sudden announcement should alarm the public and everyone who has called for police reform in San Francisco and across the country. We can no longer permit the police to police themselves. The San Francisco Police Commission should assert its authority and act immediately to preserve independent oversight.”

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Groundbreaking COVID-19 Settlement to Yield Protections for Immigrants Detained by ICE, Limit Re-detention for People Released

Office of the Public Defender

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January 27, 2022

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Groundbreaking COVID-19 Settlement to Yield Protections for Immigrants Detained by ICE, Limit Re-detention for People Released

FOR IMMEDIATE RELEASE: January 27, 2022

MEDIA CONTACTS:

San Francisco Public Defender’s Office: Valerie.Ibarra@sfgov.org, 628-249-7946

ACLU NorCal: press@aclunc.org, 415-621-2493

ACLU SoCal: communications@aclusocal.org, 626-755-4129

Lawyers’ Committee for Civil Rights of the SF Bay Area: slew@lccrsf.org, 415-272-8022

**PRESS RELEASE**

Groundbreaking COVID-19 Settlement to Yield Protections for Immigrants Detained by ICE, Limit Re-Detention for People Released

SAN FRANCISCO — Immigrants detained by ICE during the COVID-19 pandemic in two California detention facilities have reached a groundbreaking settlement agreement to resolve a long-running class action lawsuit against ICE and GEO, a private contractor who manages one of the facilities. The settlement agreement will compel ICE and GEO to preserve safety measures to protect people in immigration detention from COVID-19. It will also limit ICE’s authority to redetain the hundreds of people released during the course of the lawsuit. The plaintiffs in Zepeda Rivas v. Jennings today presented the settlement agreement to Judge Vince Chhabria of the U.S. District Court of Northern California for preliminary approval.

Plaintiffs filed the lawsuit in April 2020, at the early stage of the pandemic, to challenge the unsafe conditions for immigrants in custody at the two detention facilities, Mesa Verde Detention Center and Yuba County Jail. Documents and testimony uncovered during the lawsuit revealed that ICE and GEO delayed testing during an outbreak, knowingly left people with COVID symptoms in a crowded dormitory, and made repeated misrepresentations to the court regarding their COVID response. Judge Chhabria recognized, in a scathing December 2020 order, that “the conduct of the key ICE and GEO officials in charge of operations” was “appalling.”

“When we filed this lawsuit, ICE had put our clients and communities at risk by detaining as many people as possible in filthy, crowded dorms and cells, creating a tinderbox for COVID-19,” said Bree Bernwanger, senior staff attorney at the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.

As a result of litigation and related organizing efforts, the population in custody at these two facilities dropped from 462 to 62. The settlement agreement provides strong protections against re-detention for the approximately 250 immigrants released from custody as a result of the lawsuit.

The settlement agreement also provides three years of health and safety protections for those remaining in custody. This includes a temporary population cap and ongoing population limits to allow for social distancing; testing and vaccination mandates for staff and people in custody; the release of vulnerable people; and compliance with CDC guidance.

“This settlement mandates important, potentially life-saving measures that will reduce the spread of COVID in ICE detention centers, and also limits the number of people in custody in these facilities during this pandemic,” said Sean Riordan, senior staff attorney for the immigrants rights program at the ACLU of Northern California. “During this dangerous pandemic, ICE officials should be doing everything possible to release people from detention facilities.”

“When COVID hit, I was terrified because the government was crowding so many of us together in such a dangerous place and not doing anything at all to protect us from the virus,” said Brenda Ruiz Tovar, one of the plaintiffs in the case who was released from custody as a result of the lawsuit. “I am so grateful to have been free for almost two years, and able to support my son and my family and stay healthy. Because of my release, I completed school and now work as a dental assistant. Still, I think every day about the people who are still locked up in that place. I’m happy that the settlement makes conditions safer, but I cannot accept that the government is still detaining people like me unnecessarily during a dangerous pandemic.”

“This groundbreaking settlement is the product of tremendous bravery and perseverance from everyone involved, especially those trapped inside,” said Mano Raju, San Francisco Public Defender. “While the fight is not over, this settlement takes us one step closer to ending the inhumane practice of immigration detention.”

Plaintiffs are represented by the San Francisco Public Defender’s Office, the ACLU Foundations of Northern and Southern California, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Lakin & Wille, LLP, and Cooley, LLP.

Additional Quotes from Plaintiffs’ Legal Team:

“This settlement is the result of years of hard-fought litigation to protect human beings from unconstitutional practices,” said Martin Schenker, partner at Cooley LLP. “Today’s settlement is a victory for the rights of detained people and the rule of law. It holds ICE and its private-prison contractor accountable for their conduct.”

“We are humbled to stand alongside our class members as they continue their tremendous fight for the right to be safe and with their loved ones,” said Judah Lakin, Partner at Lakin & Wille LLP. “We will continue to fight to end immigration detention completely as it is unnecessary and cruel as this pandemic has undoubtedly shown.”

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Read (1) The Plaintiffs’ Motion for Preliminary Approval of the Settlement of Zepeda Rivas v. Jennings; and (2) The Settlement Agreement for Zepeda Rivas v. Jennings.

Zepeda Rivas v. Jennings – Plaintiffs’ Motion for Preliminary Approval of the Settlement Download

Zepeda Rivas v. Jennings – Settlement Agreement Download

Charges Dismissed Against Man Whose Face was Fractured by SFPD During an Illegal Detention

Office of the Public Defender

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January 12, 2022

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Charges Dismissed Against Man Whose Face was Fractured by SFPD During an Illegal Detention

FOR IMMEDIATE RELEASE: January 12, 2022

MEDIA CONTACT: SF Public Defender’s Office | Valerie.Ibarra@sfgov.org | (628)249-7946

**PRESS RELEASE**

Charges Dismissed Against Man Whose Face was Fractured by SFPD During an Illegal Detention

SAN FRANCISCO — Yesterday, a prosecutor dismissed all charges against Sergio Lugo who was falsely accused of assaulting an SFPD officer when plainclothes police illegally detained him in February 2021. Police claimed that the altercation resulted in superficial wounds to an officer. The defense presented evidence that contested the illegal detention and eyewitness testimony from neighbors who consistently described what they observed as a “beating” of Mr. Lugo. The San Francisco Public Defender’s Office is releasing photos of the injuries Mr. Lugo incurred.

Deputy Public Defender Alexandra Pray, who represented Mr. Lugo, expressed outrage at the charges and relief for the dismissal: “The police had no right to detain, search, initiate force, and escalate force against Mr. Lugo who committed no crime. Police created this situation, and given the evidence, the prosecution finally did the right thing and dismissed these charges.”

On February 17, 2021, plainclothes officers observed Mr. Lugo walking around the Castro District in the early morning hours. Although he had committed no crime, two officers detained and questioned him. When they told Mr. Lugo that they intended to search him, Mr. Lugo asserted his right not to be searched and told them that he intended to walk away. Without any verbal warning, the two officers grabbed his arm, kicked his legs out from under him, and pinned him on the ground. A third officer joined, who later admitted to hitting Mr. Lugo 15-25 times.

When police first encountered Mr. Lugo, he was holding a silver object in his hand, which police thought was a vape pen. All parties agree that when police pinned Mr. Lugo, the cap fell off, revealing that it was an X-acto Knife – a small pen-shaped tool with a sharp edge often used in crafts. The sharp edge caused superficial cuts to one officer’s pinkie and knee, but the officers’ blows to Mr. Lugo’s head sent him to the hospital with bruises, lacerations, and a fractured cheekbone.

Several neighbors testified that they heard more than they could see, but what they observed caused two people to call the police. Their statements were consistent in that the three men on top were beating the man on the ground who was screaming in pain.

Nevertheless, Mr. Lugo was charged with assault on an officer, exhibiting a deadly weapon to resist arrest, and three counts of resisting arrest using force. He spent over four months in jail. This week, as the case was getting ready to go to trial – six months after his trial deadline had passed – the defense argued that Mr. Lugo had committed no crime and the prosecutor agreed to dismiss the case in light of the overwhelming evidence.

“I know that many people still find it hard to believe that police in San Francisco harass, detain, illegally search, and violently attack people, and then file charges to justify their actions. Sadly, these are the types of cases that people in our communities and Public Defenders have to fight against, and part of the reason why it is so important for our courts to schedule more trials,” said San Francisco Public Defender Mano Raju, who sued the San Francisco Superior Court in September 2021 to address the growing backlog of trials.

The defense team included Deputy Public Defender Alexandra Pray, Paralegal Nathan Conn, and Investigator Tim Kingston.

Ms. Pray has filed a complaint with the Department of Police Accountability on behalf of Mr. Lugo. The SFPD officers who were involved in this incident were Sgt. Alexander Lentz, Lt. Kevin Healy, and Ofc. Glennon Griffin.

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Photos: Sergio Lugo granted permission to the San Francisco Public Defender’s Office to release these photos to the press.

Description: Sergio Lugo in the hospital after SFPD officers beat him on February 17, 2021. Mr. Lugo suffered a fractured cheekbone and several bruises and lacerations to his head and face.

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