OLD_San Francisco Public Defender's Office

SF Lab Scandal: Management Lowered Standards Prior to Analyst’s Meth Bust

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September 25, 2020

SF Chronicle reporters Megan Cassidy and Jason Fagone reported: S.F. lab scandal: Management lowered standards prior to analyst’s meth bust.

“The fact that the head of the toxicology lab pushed to lower the standards for his own job description is emblematic of the lowering of standards of the Medical Examiner’s Office across the board,” Raju said in a statement. “Given its loss of accreditation, high turnover rate, and deteriorating protocols that have now come to light, this is clearly an office in need of an overhaul.”

SF Public Defender Calls for Firing of Chief Medical Examiner

Valerie Ibarra

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September 25, 2020

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SF Chronicle reporters Megan Cassidy and Jason Fagone report: SF public defender calls for firing of chief medical examiner.

“Hart is not a credible witness and the truth-seeking function of the court process is thwarted,” Raju wrote in the complaint, which he addressed to Mayor London Breed, as well as the California Medical Board president and executives at the National Association of Medical Examiners. “Victims and their families suffer as do the accused, and justice itself.”

SF City Attorney seeks to bar 28 alleged drug dealers from the Tenderloin

Valerie Ibarra

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September 24, 2020

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Nancy Chan reported in the San Francisco Examiner: SF City Attorney seeks to bar 28 alleged drug dealers from the Tenderloin.

“More enforcement of low-level, subsistence street level sellers is not the solution to this ongoing public health crisis,” Raju said. “Rather, we should use our resources to provide meaningful alternatives to street level dealers — including housing, job training, and employment — and also focus on getting at the source of the drug trade, which will continue to produce drugs so long as the demand exists.”

Public Defender Mano Raju Responds to City Attorney Dennis Herrera’s Decision to File Civil Injunctions Against 28 Individuals

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September 24, 2020

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Public Defender Mano Raju Responds to City Attorney Dennis Herrera’s Decision to File Civil Injunctions Against 28 Individuals

September 24, 2020

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

Public Defender Mano Raju Responds to City Attorney Dennis Herrera’s Decision to File Civil Injunctions Against 28 Individuals

“I agree that drug use in the Tenderloin is a serious public health issue that negatively affects residents, many of whom are clients of my office, as well as their families. What the City Attorney and I disagree on is what will actually solve this crisis.

The City Attorney’s proposed injunction is another chapter in the war on drugs that has simply failed to impact drug use or sales, while harming low-income people and communities of color. More enforcement of low-level, subsistence street level sellers is not the solution to this ongoing public health crisis. Rather, we should use our resources to provide meaningful alternatives to street level dealers – including housing, job training, and employment – and also focus on getting at the source of the drug trade, which will continue to produce drugs so long as the demand exists.

As public defenders, we know that many low-level sellers are users themselves. Indeed, many of us have tried cases where clients are accused of intending to sell drugs and the jurors have returned verdicts of simple possession with no intent to sell. Further, recent immigrant sellers are often victims of human trafficking, tricked and forced into the drug trade after escaping oppressive and violent regimes and non-existent opportunity. Like drivers or warehouse employees for billion-dollar corporations, they are subsistence workers, many of whom lack choices.

We know from decades of experience that these low-level sellers will quickly be replaced with other sellers, making the market more volatile and dangerous and potentially causing worse health outcomes – including more overdose deaths – as people who suffer from drug addiction buy from unknown sources. It also means that we will likely see no change on the streets.

For example, while the San Francisco Police Department and the U.S. Attorney’s Office arrested and prosecuted street level sellers en masse in August 2019, this had no meaningful impact on the number of overdose deaths, and those deaths continue to climb.

As we saw in the past with misguided gang injunctions, one-sided fact gathering leads to injustice, further traumatization of those who are human trafficking victims, further litigation, and wasted resources. And unfortunately, no one consulted our attorneys about these proposed injunctions, even though we represent many of the 28 people who have been named. At a time when the courts face a seven-month backlog of cases due to COVID, these injunctions could further clog our courts with lawsuits against people who may already have stay-away orders or are participating in alternative court programs.”

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California Becomes the First State in the Nation to End Collection of Fees in the Criminal Legal System

Office of the Public Defender

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September 24, 2020

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California Becomes the First State in the Nation to End Collection of Fees in the Criminal Legal System

September 24, 2020

PRESS CONTACTS: Valerie Ibarra – SF Public Defender’s Office – (628)249-7946 – Valerie.Ibarra@sfgov.org; Treasurer’s Office/Financial Justice Project – (415) 596-6138 – Anne.Stuhldreher@sfgov.org

California Becomes the First State in the Nation to End Collection of Fees in the Criminal Legal System

San Francisco Treasurer José Cisneros and Public Defender Mano Raju applaud Governor Newsom’s signing of The Families Over Fees Act AB 1869

SAN FRANCISCO – Treasurer José Cisneros and Public Defender Mano Raju applaud Governor Gavin Newsom’s passage of The Families Over Fees Act through signing Assembly Bill 1869, a first-in-the-nation bill to end the harmful and costly collection of 23 administrative fees imposed against people in the criminal legal system. The bill takes statewide reforms first enacted in San Francisco to eliminate “high pain, low gain” fees that pile debt onto people who cannot pay it, drive people deeper into poverty, and create barriers to their successful reentry.

“Charging very poor people fees to cover our government’s administrative costs makes no fiscal sense. These Californians have already paid their debt to society, and by eliminating this debt burden, we are providing vulnerable communities with a real second chance,” said Treasurer José Cisneros, who founded The Financial Justice Project to assess and reform how fines and fees impact San Francisco’s low-income residents and communities of color.

San Francisco’s successful experience as the first city and county to end the burden of administrative fees in the criminal-legal system has galvanized a national movement for fine and fee justice. Last May, San Francisco helped launch Cities and Counties for Fine and Fee Justice, made up of localities committed to enact bold reforms to ensure their fines, fees, and tickets do not place a disproportionate burden on low-income residents and people of color. And this week, former New York City Mayor Michael Bloomberg recently raised more than $16 million to pay the court fines and fees of 32,000 formerly incarcerated Floridians so that they can vote in the November 2020 election.

“Our office has been pushing for the elimination of fees locally and statewide for many years now, because for too long, we have watched our clients and their families struggle with debt that they are unable to pay,” said San Francisco Public Defender Mano Raju. “For justice-involved people who already have the cards stacked against them in so many ways, financial penalties create an even higher barrier to their future success. I am proud of our work that helped make San Francisco the first county in the state to eliminate fees and debts, and am very glad to see California now leading the country in this area. It’s now time for other states to follow suit. When we eliminate fees and debts, we are paving the way to more resilient communities.”

When individuals exit jail or the criminal justice system, they are often charged thousands of dollars in administrative fees that aim to recoup costs for the courts and government. The Policy Advocacy Clinic at Berkeley Law estimates that AB 1869 will relieve Californians of over $16 billion in outstanding criminal fee debt, the vast majority of which is uncollectible since people exiting the criminal justice system cannot afford to pay. Studies have shown that some California counties spend more to collect these fees than they bring in.

In 2018, San Francisco became the first in the country to eliminate local criminal justice fees and lifted $32 million in debt off of 21,000 residents. The ordinance to eliminate fees was authored by London Breed when she was president of the San Francisco Board of Supervisors. The San Francisco Public Defender and The San Francisco Financial Justice Project worked with a coalition of community groups, Mayor Breed, and other city leaders, including the District Attorney, Adult Probation Chief and the Sheriff, to propel the reforms. Alameda, Contra Costa, and Los Angeles Counties followed in eliminating fees, lifting a formidable financial burden off of people and easing their re-entry.

“San Francisco has committed to get rid of these fees to give people a fighting chance to succeed,” said San Francisco Mayor London Breed. “We should actively help people get their lives back on track after they have paid their debt to society. San Francisco is about removing fees that act as barriers to opportunity, not imposing them. For too long, we have extracted these fees from Black and brown families who are struggling to get by. I strongly urge other states and localities to join our movement for fine and fee justice.”

In 2019, Mayor Breed, The Financial Justice Project, and the San Francisco Public Defender’s Office became co-sponsors of SB 144, California State Senator Holly Mitchell’s legislation, known as the Families Over Fees Act. The San Francisco leaders joined with the Debt Free Justice California coalition to advance the legislation which was ultimately added to the budget process and reintroduced as AB 1869.

AB 1869 will go into effect on July 1, 2021. The bill is expected to have both immediate and long-term positive effects on the well-being of vulnerable families throughout California. Families will be able to spend more on goods and services, which will stimulate the economy and help stabilize households who have been particularly hard hit by the economic downturn of the pandemic. It will also relieve them of the debts that have traditionally hurt their financial futures.

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SF Board of Supervisors Unanimously Passes Resolution Urging Governor Newsom to Pardon Immigrant Rights Leader Charles Joseph

Office of the Public Defender

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September 23, 2020

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SF Board of Supervisors Unanimously Passes Resolution Urging Governor Newsom to Pardon Immigrant Rights Leader Charles Joseph

September 23, 2020

PRESS CONTACTS: SF Public Defender’s Office – (628)249-7946 – Valerie.Ibarra@sfgov.org; Gala King – Interfaith Movement for Human Integrity – (510)759-4196 – GKing@im4humanintegrity.org

SF Board of Supervisors Unanimously Passes Resolution Urging Governor Newsom to Pardon Immigrant Rights Leader Charles Joseph

SAN FRANCISCO – Last night, the San Francisco Board of Supervisors unanimously passed a resolution, authored by Supervisor Dean Preston and co-sponsored by every member of the Board of Supervisors, urging Governor Newsom to pardon Charles Joseph. Joseph, an immigrant rights leader, father and violence-prevention mentor who radically transformed his life while incarcerated, is facing deportation due to his past conviction. He is seeking a pardon to remain in the United States with his family in Sacramento, restore his status as a legal permanent resident, and continue contributing to his community.

“Charles Joseph’s story of transformation – both in his own life as well as his positive influence on the lives around him – is inspiring,” said Supervisor Dean Preston. “I am proud to stand with Mr. Joseph, along with my colleagues on the San Francisco Board of Supervisors, in urging the Governor to grant him an immediate and full pardon.”

“Charles Joseph has been a client of the Public Defender’s Office since May 2019, but he is much more than a client. Charles has become a leader and an ally in so many different ways — he has spoken out against unsafe conditions in immigration detention facilities, has been a featured speaker in nationwide panels about mass incarceration, and even conducted a training for my staff on the impact of ICE detention,” said San Francisco Public Defender Mano Raju, whose Immigration Defense Unit represents Mr. Joseph in his deportation case. “We are part of the campaign to support Charles and his family because we know that he will continue to make a positive contribution in the movement for criminal justice reform as well as immigration reform.”

Charles Joseph came to the United States when he was 14 years old from Fiji, where his family faced persecution as ethnic and political minorities. His father was placed in deportation proceedings just one year later, leaving his mother to support the children. Although he always loved music, Mr. Joseph fell in with some bad influences and took part in a robbery when he was 22 years old, which sent him to prison for 12 years.

While in prison, Mr. Joseph became a leader and peacemaker, helping others to process their anger and express their creativity. He was able to have a music mentor, country music star Lacy Dalton, who has also offered her support for his pardon.

Upon completing his 12-year prison sentence in May 2019, rather than being released to his wife and children, he was immediately taken into custody by ICE. He spent nearly a year in the privately-run Mesa Verde immigration detention center in Bakersfield, California, until he was released in April 2020 as part of a lawsuit against ICE for its inability to protect medically-vulnerable detainees at high risk of contracting the coronavirus. Mr. Joseph suffers from asthma, and was granted release by a federal judge, but was ordered to wear an electronic ankle monitor while he awaits deportation.

Prior to his conviction, Mr. Joseph was a legal permanent resident, but immigration judges are prevented from granting him discretionary relief because of his past conviction even though he is completely rehabilitated. This is why a large community of supporters – including several faith groups and immigrant rights organizations – are asking Governor Newsom to pardon him. A pardon will allow him to remain in the U.S. with his wife and children – who are all U.S. citizens – and protect him from the political violence he could face if forced to return to Fiji.

“I have known Charles and his family for over a year, and have witnessed his leadership through his advocacy, musical talents, and spiritual gifts, which he shares abundantly with many others,” said Reverend Deborah Lee, Executive Director of the Interfaith Movement for Human Integrity. “Charles has used his story to illuminate how the U.S. criminal justice and immigration systems have harmed immigrant communities, and that through the power of transformation and redemption we will all be restored.”

“Judaism, like all faiths, believes in redemption,” said Rabbi Mona Alfi of Congregation B’nai Israel, a Sanctuary Synagogue in Sacramento. “Charles has atoned for his wrongdoing. I believe that people are capable of learning from their past and becoming better human beings because of the struggles they have gone through. That’s exactly what Charles has done. Now more than ever is the time for action. All of us have to raise our voices and call out to the Governor and demand a pardon for Charles Joseph.”

“It was really hard when my dad was taken away from us. It caused a lot of stress for me, my mom, and younger sister. My dad is home with us now, and we need him with us,” said Hope Joseph, the 13-year-old daughter of Charles Joseph.

“I’m overwhelmed and filled with deep appreciation for this support,” said Charles Joseph, upon learning of the vote. “I’m thankful for the leadership of the San Francisco Board of Supervisors and for their work to keep families together. I am looking forward to meeting with the Sacramento City Council members in my community, continuing to share my story, and gaining their support.”

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To learn more about the campaign to support Charles Joseph, please see this short film.

Lots of Drugs, Lax Oversight: Former SF Medical Examiner Staffers Say Lab Analyst’s Meth Arrest ‘Just the Tip of the Iceberg’

KQED
Media

Valerie Ibarra

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September 21, 2020

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Lots of Drugs, Lax Oversight: Former SF Medical Examiner Staffers Say Lab Analyst’s Meth Arrest ‘Just the Tip of the Iceberg’

KQED’s Julie Small reported: Lots of Drugs, Lax Oversight: Former SF Medical Examiner Staffers Say Lab Analyst’s Meth Arrest ‘Just the Tip of the Iceberg’. In light of the arrest of an SF lab analyst in Utah, where he was found with illicit drugs in an “evidence” bag from the Medical Examiner’s Office, San Francisco Public Defender Mano Raju issued a statement calling for investigations into the operations of the Medical Examiner’s Office and all criminal court cases in which the arrested lab analyst may have been involved.

“Justice simply cannot happen when the Medical Examiner’s employees — tasked with providing objective and unbiased scientific evidence and opinion — lack integrity,” Raju said in a statement on Sept. 11.

SF Public Defender Mano Raju’s Statement Regarding the Arrest of SF Medical Examiner Lab Analyst

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September 11, 2020

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SF Public Defender Mano Raju’s Statement Regarding the Arrest of SF Medical Examiner Lab Analyst

September 11, 2020

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

SF Public Defender Mano Raju’s Statement Regarding the Arrest of SF Medical Examiner Lab Analyst

“The arrest of Mr. Volk casts another dark shadow on the credibility of the Medical Examiner’s Office, and I urge the District Attorney to immediately review the thousands of cases and convictions that relied on his work to determine whether dismissal is required. It is questionable whether the Medical Examiner’s toxicology lab can continue to function when its director cannot pass certification exams nor properly supervise its employees.

My office will be seeking records on Mr. Volk from the Medical Examiner’s Office and demanding an independent audit of the Medical Examiner’s office. This is just the latest in a seemingly endless series of events plaguing the Medical Examiner’s office. Having recently spent over $65 million dollars on a state-of-the-art facility, it is high time San Franciscans had the professional, exemplary Medical Examiner’s Office it deserves.

It’s disturbing that we’re still relying on the San Francisco Medical Examiner’s Office to inform criminal cases after years — if not decades — of poor protocols that have led to a loss of national accreditation, substandard work product, and a lack of transparency.

Justice simply cannot happen when the Medical Examiner’s employees — tasked with providing objective and unbiased scientific evidence and opinion — lack integrity.”

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California Supreme Court reinstates bail reform from landmark Humphrey ruling

Valerie Ibarra

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August 27, 2020

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Robert Salonga in the San Jose Mercury reported: California Supreme Court reinstates bail reform from landmark Humphrey ruling – 2018 appellate decision moved trial judges away from ensuring court appearances with fixed bail schedules, toward non-cash alternatives.

Excerpt:

In lauding the Humphrey ruling, San Francisco Public Defender Mano Raju also said the remaining question of the case before the high court — about when the state can constitutionally deny bail in a non-capital case — is something to closely watch.

“We continue to urge that the state constitutional ‘no bail’ detention provision be limited to those who are truly unlikely to appear for court hearings or to those charged in felony cases where release is likely to result in great bodily injury,” Raju said in a statement. “The reality now is that there are many persons, jailed while awaiting trial, that fit neither category.”

San Francisco to close crumbling, unsafe county jail sooner than expected in face of coronavirus threat

Valerie Ibarra

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August 25, 2020

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San Francisco to close crumbling, unsafe county jail sooner than expected in face of coronavirus threat

Megan Cassidy of the San Francisco Chronicle reported: San Francisco to close crumbling, unsafe county jail sooner than expected in face of coronavirus threat.

“The closure of County Jail 4 has been a long time coming,” said San Francisco Public Defender Mano Raju, who linked the jail’s closure to broader criminal justice reform efforts.
“The COVID-19 crisis, coupled with the national Black Lives Matter movement, has shined a light on just how important it is for us to be looking at all of our systems, including our law enforcement institutions, through a public health lens as well as a racial justice lens.”

Public Defender Mano Raju also spoke at Mayor London Breed’s press conference announcing the closure of County Jail 4.