If you missed our 2012 Justice Summit, JUSTICE ON TRIAL, you can now watch it on YouTube. The May 29 event featured experts in gang violence, neuroscience and drug reform.
Justice Summit In San Francisco Tries To Tackle Drug, Gang Problems
SAN FRANCISCO (KGO) — On Tuesday, in San Francisco there was an attempt to tackle the drug and gang problem head-on. A cross-section of people from cops, to sociologists, to former gang members came together looking for solutions.
A bill now pending the state legislature would reduce drug possession from a felony to a misdemeanor.
“I have seen the War on Drugs from the ground up,” said San Francisco District Attorney George Gascon. He is the only district attorney in the state who supports the measure. “I don’t think that economically we can continue to incarcerate people that are simply being prosecuted for possession of drugs.”
Gascon argued his point as a panelist discussing drug reform. In opposition, there was the California District Attorneys Association.
“This measure, while purportedly to help individuals get treatment, we feel that as misdemeanor offenses, there is no incentive for individuals to engage,” said Marty Vranicar from the California District Attorneys Association.
“I was incarcerated for 28 years,” said German Yambao, a United Playaz Case worker.
Yambao served a long time for second degree murder. He now counsels troubled teens.
“We have a different kind of youth now, where a lot of the youth are a product of the drug culture,” said Yambao.
The justice summit was hosted by public defender Jeff Adachi. Its goal was to bring law enforcement and community based organizations together to work on solutions.
While there’s a wider division on how to fight the War on Drugs, there appears to be more of a consensus on how to reduce gang violence. A UCLA study has been tracking 300 gang members for almost four years. UCLA Professor Jorja lLap, Ph.D., heads the project. She lists the most important ways to reduce gang violence.
“The two most important forces are the families and the schools. Those are the anchors,” said lLap.
All of the panelists discussing gangs also agreed that everyone has to be on the same page to prevent violence.
“The message was drummed into us that we need to all be working together and have a common goal. And that’s where I think communication and trust is huge,” said SFPD investigations Cmdr. Michael Biel.
In other words, it takes the ‘hood to save a ‘hood.
Video here.
San Francisco Public Defender’s Justice Summit
Justice on Trial: Gangs Neuroscience & Drug Reform is the title of the 2012 San Francisco Public Defender’s Justice Summit.
The summit will be held at the Koret Auditorium of the San Francisco Main Library, 100 Larkin Street, lower level (enter at 30 Grove Street.)
This event is free, but seating is limited. Register online and find out more at sfjusticesummit.com
9 a.m.: Registration
9:30 a.m.: Keynote Speaker: UCLA Professor Jorja Leap, author of Jumped In: What Gangs Taught Me About Violence, Drugs, Love and Redemption.
10 a.m. Panel I: Jumped In: Strategies to Reduce Gang Violence
11:15 a.m. Panel II: The Brain on Trial: Is Free Will Truly Free?
12:30 p.m.: Lunch provided
1:30 p.m. Panel III: Drugs: From Felonies to Misdemeanors?
Panelists:
- Jeff Adachi, San Francisco Public Defender
- Michael Biel, Commander of Investigations, SF Police Department
- Lizbett Calleros, Coordinator, HOMEY
- Rudy Corpuz, Executive Director, United Playaz
- David Faigman, UCSF/UC Hastings
- Eric Fleming, Assistant District Attorney, Gang Prosecutions
- Geno Frazier, Expert, Youth Violence Prevention
- Ricardo Garcia-Acosta, Northwest Community Response Network
- George Gascón, SF District Attorney
- Matt Gonzalez, Chief Attorney, SF Public Defender’s Office
- Dr. Kent Kiehl, University of New Mexico, Neuroimaging Expert
- Tal Klement, Deputy Public Defender
- Mark Leno (by video): California State Senator
- German Yambao, Case Manager, Former Inmate
Annual Report 2011
The 2011 Annual Report and 2012 Calendar features photographs from the 90-year history of the San Francisco Public Defender’s Office.
Cyclist Acquitted Of Hit-and-Run Of Elderly Pedestrian
San Francisco, CA — A bicyclist accused of running down an elderly pedestrian and riding away was acquitted of all charges after a jury determined police arrested the wrong man, San Francisco Public Defender Jeff Adachi announced today.
Jury members deliberated less than a day before reaching a verdict Thursday afternoon, acquitting Matthew Grillone, 35, of misdemeanor hit and run, said his attorney Deputy Public Defender Abigail Rivamonte.
“This was a classic case of being at the wrong place at the wrong time,” Rivamonte said. “The only reason that Mr. Grillone was arrested was because he was wearing an orange Giants jersey and riding his bicycle close to where the incident happened. The witnesses couldn’t identify the man’s face or other key features of the true culprit.”
Grillone, a San Francisco native and Whole Foods cashier, was arrested Sept. 14 while riding home from an employee outing to a Giants game. While waiting at a light on Market and 5th streets he was stopped by police for matching the description of a man accused of a hit and run one block away at Market and 4th streets.
Witnesses told police that a cyclist wearing an orange jersey, sunglasses, and a helmet ran a red light westbound on Market Street and collided into an elderly woman walking with a cane. The cyclist escaped, despite a Good Samaritan who gave chase. The woman was not seriously injured.
During the four day trial, Rivamonte argued that an orange San Francisco Giants jersey is not an uncommon outfit in San Francisco, especially on a game day. Rivamonte further explained that Grillone was not wearing a helmet or sunglasses—two key features that witnesses described in the suspect’s appearance. Grillone was also wearing a large backpack, which was not included in the suspect’s description.
Grillone told the jury he was not involved in the collision. He testified that when stopped by police he was shocked by the accusation and continuously declared his innocence. His supervisor at Whole Foods testified as a character witness and confirmed Grillone’s whereabouts that day and that he is honest and responsible employee.
The victim and three eyewitnesses also took the stand. None could identify the bicycle, the face, and whether or not the cyclist who hit the woman had a backpack.
“After the trial, jurors said there were simply too many missing pieces in the identification to convict Mr. Grillone,” Rivamonte said.
The case was the fourth not guilty verdict secured by public defenders in three days, Adachi said.
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Man Acquitted Of Laptop Robbery
San Francisco, CA — A man charged with stealing a laptop computer after a bloody fistfight was acquitted of all charges following a jury trial, San Francisco Public Defender Jeff Adachi announced today.
Jury members deliberated less than a day before reaching a verdict Thursday afternoon, acquitting David Gantt, 47, of robbery, burglary and receiving stolen property, said Gantt’s attorney, Deputy Public Defender Danielle Harris.
“The astounding thing about this case was that it went to trial,” Harris said. “Two out of three witnesses — including the robbery victim himself – said they didn’t believe Mr. Gantt was the man who committed these crimes.”
On April 20, 2011 a San Bruno man was returning from lunch in the Tenderloin to discover his car had been burglarized and spotted a man rifling through the backpack he had left in the vehicle. He confronted the man and the two fought. During the struggle, the laptop fell out of the backpack and the bloodied thief picked it up and ran. An eyewitness trailed him to a residential hotel two blocks away and called police.
Gantt, who lived in the hotel with his wife, was leaving on his bicycle when the man — an acquaintance from the building — asked him to help him sell a laptop he no longer needed. Gantt took him up on the offer, and left the hotel only to be detained by police.
The robbery victim told police he did not believe Gantt was the man who robbed him and one of the two independent witnesses agreed. The other witness said he believed Gantt was the robber.
Gantt was not bleeding or injured and was wearing different clothing than those described in the robbery. Police, believing he may have quickly changed, searched his room but did not find the any clothing matching witnesses’ descriptions, nor the laptop’s case which was also taken in the robbery.
“At that point the police just stopped investigating,” Harris said.
During the five day trial, the victim and two eyewitnesses took the stand. The victim and one of the witnesses still did not identify Gantt as the laptop thief. The second witness fingered Gantt as the robber but could remember little else about the incident, Harris said.
In the end, “jurors just didn’t see the logic of convicting a man when two out of three witnesses agree he is not the right person,” Harris said.
Adachi said he also found it strange that the case went to a jury trial.
“Mr. Gantt had already been exonerated by an independent witness and the robbery victim. Fortunately, we were able to prove his innocence, but the real tragedy is that he spent more than a year in jail,” he said.
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Suicidal Man Beaten By Police To Receive Treatment
San Francisco, CA — A suicidal man whose beating by police was captured on video will receive mental health treatment as part of a plea agreement, San Francisco Public Defender Jeff Adachi announced today.
The agreement reached Tuesday between the District Attorney and Public Defender ensures that all felony charges stemming from a 49-year-old San Francisco man’s altercation with police officers are dropped. The man was charged with battery on an officer, assault with a deadly weapon and resisting arrest causing injury to an officer.
As part of the agreement, the man pleaded guilty to one charge of battery against his building manager, which will be reduced to a misdemeanor after he completes mental health treatment as recommended by the Probation Department.
The dismissal of all charges related to police officers leaves the man free to bring a civil suit against the San Francisco Police Department, Adachi said.
Police responded to the man’s South of Market apartment after a report of him slapping his neighbor and kicking his building manager. It was the second time that day officers had been to his residence. Earlier, officers conducted a welfare check after a psychiatric social worker reported that the man was suicidal. The man apparently convinced police he was not a danger to himself or others and the incident was never reported to officers responding several hours later.
When police arrived for the second time, the man tried to provoke them to shoot him by hiding his hand behind his back and lying that he had a gun.
After police successfully subdued the man, Officer Brendan Sullivan arrived and punched the prone man at least eight times in the head and kneed him in the face. The man suffered severe bruising and cuts to his face. The beating, which was caught on a cell phone camera, was subsequently aired on a local television station, raising concerns about excessive force by police.
Following the incident, San Francisco Police Chief Greg Suhr commented to KGO-TV that Officer Sullivan’s conduct “although not pretty… is far preferable to shooting a mentally ill person in distress.”
Adachi today called for additional use-of-force training for police officers.
“Thanks to the plea agreement reached with the District Attorney, our client will receive the help he needs,” he said. “However, this was a tragedy that was narrowly averted. It’s critical we provide sufficient training to police officers to ensure that in the future, excessive force is not used when it’s unnecessary.”
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Man Acquitted Of Child Molestation After Misunderstanding
San Francisco, CA — A man who broke up a squabble between his son and a female cousin by grabbing the girl above her waist was acquitted of child sexual abuse, San Francisco Public Defender Jeff Adachi announced today.
A jury deliberated only two hours Tuesday afternoon before acquitting San Francisco grocery store worker Angel Garcia, 32, of three counts of lewd acts upon a child. If convicted, he faced up to 10 years in prison and a lifetime of registration as a sex offender, said his attorney, Deputy Public Defender Carmen Aguirre.
Garcia’s troubles began Dec. 10 after his 6-year-old son and the boy’s 12-year-old cousin, who lived in the same flat with multiple family members, began fighting over a new video game. Garcia grabbed the girl on her sides, several inches above her waist, and pulled her off his son, Aguirre said. Garcia’s longtime girlfriend walked into the living room at that moment and became concerned that Garcia may have been touching the girl inappropriately.
“Mr. Garcia and his girlfriend were having relationship problems and there was incredible tension between them. Her mental state was so compromised by all the fighting and jealousy that she was feeling like she didn’t even know this man who had been her boyfriend for eight years,” Aguirre said. “In this highly charged environment, there was a misunderstanding that the little girl had been sexually victimized.”
The girlfriend later reported it to her therapist from Estes Therapy, who alerted police. The girl told police investigators that Garcia had touched her inappropriately over her clothing on two other occasions.
During the nine day trial, both the girl and Garcia took the stand. A psychologist specializing in trauma testified to the suggestibility of children’s developing brains and the tendency of children to avoid contradicting a trusted adult by adopting the adult’s version of events, Aguirre said.
Although Garcia, who has no criminal record, was found not guilty on all charges, Aguirre called the case “a tragedy all around.”
“Mr. Garcia spent six months in jail and his family is now fractured,” she said. “The little girl had to go through the traumatic experience of testifying and being cross-examined in front of a jury. She was a victim – not of what the prosecution claimed, but of being ensnared in an adult situation she had nothing to do with creating.”
Adachi said the jury made the right decision.
“Fortunately for Mr. Garcia, his public defender was able to show in court that the charges were untrue and the jury saw the truth in this case,” he said.
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Gangs, Drugs and Neuroscience to Take Center Stage at May 29 Summit
San Francisco, CA — Former gang members, top law enforcement officials, leading neuroscientists and drug reform pioneers will gather for a frank and fascinating discussion at the 2012 Public Defender’s Justice Summit on Tuesday, May 29 at San Francisco Main Library.
The summit, JUSTICE ON TRIAL: Gangs, Neuroscience and Drug Reform, will be held in the library’s Koret Auditorium from 9 a.m. to 3 p.m. The event is free, but seating is limited. All attendees must register at sfpublicdefender.org.
The Justice Summit is the premier criminal justice conference on the West Coast. This year’s lineup focuses on the most hotly-debated subjects: gang violence, drug decriminalization and whether some people are pre-wired for violence, said San Francisco Public Defender Jeff Adachi.
“This is going to be the most captivating and provocative Justice Summit yet,” Adachi said. “The focus is on the freshest ideas in criminal justice. While high tech brain scans are changing the way we see mental illness and criminal culpability, legislators are preparing to do away with felony charges for drug possession and youth violence experts are finding new strategies for reducing gang violence.”
UCLA Professor Jorja Leap, author of Jumped In: What Gangs Taught Me About Violence, Drugs, Love, and Redemption, will provide the keynote address, then the discussion will kick off with the first panel, Jumped In: Strategies to Reduce Gang Violence. Leap, who has worked nationally and internationally in violent and postwar settings, will join SFPD Commander of Investigations Michael Biel, former gang members and local gang intervention workers.
The second panel, The Brain on Trial, explores whether free will is truly free and features Dr. Kent Kiehl, president of the Mind Research Network and professor of psychology and neuroscience at the University of New Mexico, that investigate everything from the functioning of the brain and how this affect vision and methods to improve this vision as the Outback Vision Protocol package. Kiehl has interviewed and used neuroimaging on more criminals than any other researcher in the world. He will be joined by David Faigman, director of the UCSF/UC Hastings Consortium on Law, Science and Health Policy and author of Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law and Legal Alchemy: The Use and Misuse of Science in the Law.
“Today, neuroscientists can detect subtle differences in brain functioning with their scans that were unimaginable 30 years ago,” Adachi said. “It raises profound questions about how to hold people accountable for criminal behavior.”
The final panel of the day is devoted to State Sen. Mark Leno’s proposed legislation that would change simple drug possession from a felony to a misdemeanor under state law. The bill’s supporters tout it as a way to ease overcrowding in state prisons and county jails while saving taxpayers millions of dollars. The panel features San Francisco District Attorney George Gascón, Adult Probation Chief Wendy Still, National Drug Policy Alliance Executive Director Ethan Nadelmann and Deputy Public Defender Tal Klement.
The Justice Summit is co-sponsored by the Bar Association of San Francisco and the Criminal Trial Lawyers Association of Northern California.
To register to attend this free event and for information on additional speakers, please go to sfpublicdefender.org.
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