SF Public Defender’s Office Rebukes Supervisor Dorsey’s Attack on Due Process and Immigrants
SAN FRANCISCO – On July 11, 2023, San Francisco Supervisor Matt Dorsey announced during a Board of Supervisors meeting that he was submitting a letter to the Budget and Legislative Analyst requesting an inquiry into the eligibility of taxpayer-funded legal counsel by our Public Defender’s Office for people accused of drug sales. Dorsey based his inquiry on anecdotal and unverified information shared in a recent San Francisco Chronicle article. The Public Defender’s Office issues the following statement in response to Dorsey’s inquiry:
Dorsey’s inquiry alone is a waste of taxpayer resources, and an insult to the due process legal protections laid out in the U.S. Constitution. The San Francisco Public Defender’s Office proudly provides high-level representation to over 20,000 indigent and low-income individuals every year. We handle 70% of the cases prosecuted by the District Attorney’s Office, but receive less than 60% of the funding. We stand by our charter and our mandate to provide legal services and protect the rights of those accused of crimes.
Many of the people we represent, including those accused of drug possession and sales, are homeless or living in SROs or grouped in squalid living conditions. Our clients who are trapped in the exploitative street-level drug trade are indigent, and false claims to the contrary fan the flames of racism and xenophobia. We know for a fact that most of the drugs smuggled into the U.S. are brought in by U.S. citizens, and both Dorsey’s presumptions and the Chronicle’s reporting are biased, misleading, and ill-informed.
SF Public Defender Mano Raju Condemns SFPD Tactics Detaining Youth at Dolores Street Skateboarding Event
The militarized police response to a youth-led skateboarding event was a tremendous overreach that escalated tensions, endangered young people and onlookers, and violated people’s rights.
Showing up in riot gear, pointing their weapons at people, kettling children, and detaining them on the street or at the police station for several hours, is emblematic of the SFPD’s misguided use of resources and their willingness to criminalize youth.
We are very concerned that the SFPD may have failed to follow protocol that requires a defense attorney to speak with any youth before they are read their Miranda rights and questioned by police. Our Youth Defense unit was notified in real time that police had detained approximately ninety youth, but never got a call back to provide legal advisories to any of them to inform them of their rights. It is unclear whether those youth were questioned or Mirandized.
We have heard from several parents whose children were detained for up to four hours, and some were taken to SF General Hospital for unknown reasons before being released to their parents. We have heard from at least one family whose child was detained on their way home despite having no skateboard or any affiliation with the event.
While we are prohibited by state law privacy protections for juveniles from discussing any details about individual cases, we do know that at least two youth were booked into jail, and we believe up to eighty others were cited or charged with misdemeanors for undisclosed reasons.
We are calling for a thorough investigation into the SFPD’s questionable and concerning tactics and the resources expended to carry out this police operation, and transparency and swift remedial action with regards to any findings of misconduct and gross misuse of public resources.
##
If you need assistance filing a complaint with the Department of Police Accountability for any alleged misconduct by SFPD officers, please contact our Integrity Unit at PDR-Integrity@sfgov.org. To contact our Youth/Juvenile Defense Unit, you can reach them at 415-753-7601.
On Monday, June 26, prosecutors began dismissing felony drug cases, but public defenders did not see it coming. Prosecutors were not disclosing the reason, but it seemed to have something to do with veteran SFPD officer Christina Hayes, who has been the arresting officer, executor of warrants, and testifying witness in countless drug cases. Prosecutors did not share any Brady material on Hayes with the defense counsel, but by the end of the week, at least five cases had been dismissed.
On Tuesday, June 27, two news stories broke almost at the same time. Jonah Lamb and Michael Barba of the San Francisco Standard and Megan Cassidy of the San Francisco Chronicle revealed that, on June 20, Officer Hayes had been taken out of the narcotics unit and placed on desk duty where she could not have contact with the public. The press revealed allegations that Hayes had engaged in an inappropriate relationship with a confidential informant. Such a relationship would compromise the integrity of Hayes’s work, making her an unreliable witness.
It is unclear how long the SFPD and the District Attorney’s office were aware of any alleged misconduct, but neither agency notified the Public Defender’s Office.
The Public Defender’s Office has an ethical obligation to our clients to assess whether and how many cases may have been tainted by misconduct. This will take countless hours of work and require additional resources. We are already working on addressing this issue and will continue to do so. If you have any questions, please contact our office.
SF Jury Acquits Legally Blind Man Who Chose Jail to Get a Faster Misdemeanor Trial
Amid a backlog of 1,100 overdue trials in SF Superior Court, strict pretrial conditions can hinder the lives of those awaiting trial
SAN FRANCISCO – A San Francisco jury acquitted Charles Underwood, 50, of misdemeanor assault and battery charges, after he had waited over four months past his trial deadline. While awaiting trial, Underwood, who is legally blind, was subjected to a stay-away order from a seven-block area of town where he has resided unhoused and without incident for nearly three years. In May, he was arrested for panhandling in the restricted area, but rather than seek release, Underwood requested to remain in jail in hopes that the court would send his case to trial faster amid the growing trial backlog in SF Superior Court. Underwood’s case was sent to trial, and a jury acquitted him of all charges on June 22. Yesterday, the court dismissed the rest of charges he had accrued for violating the stay-away order while awaiting trial on the underlying case.
“No one should feel like they have to stay in jail just to get a trial,” said Deputy Public Defender Sarah Hashemi, who represented Underwood. “The pretrial conditions set on Mr. Underwood were overly broad, especially considering that he is legally blind and does not know what the complaining witness looks like. We are grateful to the jury for their verdict and relieved that Mr. Underwood is finally free of these constraints that had banned him from an area that has become a relatively safe space for him.”
The case stemmed from a complaint from a woman who accused Underwood of kicking her in the back of the leg after he asked her for a dollar and she refused in late December 2022. Underwood testified that he was trying to untangle his ankle from the leash of the woman’s dog, and that he did not intend to kick the woman. Once at trial, the jury deliberated for two hours and returned a verdict of not guilty.
The Sixth Amendment of the The U.S. Constitution guarantees anyone accused of a crime the right to a speedy trial. San Francisco Superior Court is routinely denying that right, and there are over 1,100 people, including 115 who remain jailed, without trial as a result. The majority of these cases are for misdemeanor charges.
“When people are denied their right to a speedy trial, they are often subjected to pretrial conditions that become untenable. Until we get more cases to trial, where we can speak directly to San Franciscans in the jury box, more and more people who are presumed innocent under the law, and especially vulnerable people like Mr. Underwood, are going to suffer losses of liberty and well-being,” said Public Defender Mano Raju. “I commend Ms. Hashemi and the whole defense team for their dedicated advocacy for Mr. Underwood.”
The defense team included Deputy Public Defender Sarah Hashemi, Investigator Leticia Perez, Paralegal Michael Brown, and Law Clerk Nicholas Dias.
The San Francisco Public Defender’s Office continues to advocate for the court to honor speedy trial rights and remedy the backlog by dismissing cases, utilizing all available courtrooms or alternative venues, and releasing people from jail on their own recognizance pre-trial.
The Public Defender’s Office is holding a series of Summer Sit-Ins on the steps of the Hall of Justice at 850 Bryant Street on Fridays at 12-1pm through the end of July to draw attention to these speedy trial violations which are impeding the lives of those accused, delaying justice for everyone who depends on our courts, and come at a large cost to public resources. The next Summer Sit-In calling for an end to the trial delays is this Friday, June 30th at 12PM and will focus on uplifting the Bill of Rights in the Constitution.
July 20, 2023 CONTACT: San Francisco Public Defender PIO Valerie Ibarra | (628) 249-7946 | PubDef-MediaRelations@sfgov.org
**MEDIA ADVISORY**
SF Public Defender’s Office Continues “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog; Seventh in Series to Focus on Legal Challenges to the Backlog
NOTE SPECIAL LOCATION: Civic Center Courthouse, 400 McAllister St.
More than 1,100 trials are delayed past their Constitutionally mandated deadline, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
WHAT:
The San Francisco Public Defender’s Office is holding its seventh “Summer Sit-in” in a series of planned demonstrations taking place every Friday in front of city courthouses to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. Tomorrow’s (July 21st) Summer Sit-In will address legal challenges the SF Public Defender’s office has launched against the SF Superior Court backlog and will take place in front of the Civic Center Courthouse at 400 McAllister St. This courthouse is where misdemeanor trials take place, and despite a backlog of over 900 overdue misdemeanor cases, only two courtrooms there have been allotted to hold misdemeanor trials.
Currently, one of those two is empty while a judge is on vacation without a replacement. The trial backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. San Francisco Superior Court has failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s office and community allies are gathering in front of various city courthouses on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional trial rights and pass out factsheets to educate the public about the trial delays and ongoing litigation efforts.
WHEN:TOMORROW: July 21, 2023 and continuing through Friday, July 28.
WHERE:TOMORROW: In front of the Civic Center Courthouse at 400 McAllister St.July 28: In front of the Hall of Justice at 850 Bryant St.
WHO:Speakers will include Sujung Kim, managing attorney for the San Francisco Public Defender’s Research Unit and Deputy Public Defender Zach Waterman from the Misdemeanor Unit.
VISUALS: Large posters with trial backlog statistics; People chanting; People handing out Know-Your-Rights cards, Speakers giving remarks.
###
———-
FOR IMMEDIATE RELEASE
June 22, 2023
CONTACT:
Jessie Seyfer, SF Public Defender’s Office | (415) 851-2212 | PubDef-MediaRelations@sfgov.org
**MEDIA ADVISORY**
SF Public Defender’s Office Continues “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog;Third in Series to Focus on LGBTQ+ Community
More than 1,100 trials are delayed past their Constitutionally mandated deadline, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
WHAT: The San Francisco Public Defender’s Office is holding its third “Summer Sit-in” in a series of planned demonstrations taking place every Friday on the steps of the Hall of Justice at 850 Bryant St. to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. In honor of Pride Month and the Trans March, this Friday’s Summer Sit-In is hosted by the SF Public Defender’s Office LGBTQ Affinity Group, and will address the impact of trial delays on LGBTQ+ community members.
The trial backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. The courts have failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s office and community allies will gather on the steps of the 850 Bryant St. Hall of Justice on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional trial rights and pass out factsheets to educate the public about the trial delays and ongoing litigation efforts.
TOMORROW: June 23, 2023 and continuing through Friday, July 28.
WHERE:
On the steps of the San Francisco Hall of Justice
850 Bryant Street
San Francisco, CA 94103
WHO:
The speaker at tomorrow’s Summer Sit-Ins session will be San Francisco Deputy Public Defender Jared Rudolph. Staffers from the SF Public Defender’s office will also be present.
VISUALS: Large posters with statistics; People chanting; speakers giving remarks at a podium.
###
Join us 6/23 for our 3rd Summer Sit-In to #EndTrialDelays in @SFSuperiorCourt. In honor of #PRIDE, this week's sit-in is co-hosted by the @sfdefender LGBTQ Affinity Group. Speakers will address the impact of incarceration & the crim legal system on LGBTQ+ community members. pic.twitter.com/LVPOkCA6qz
— San Francisco Public Defender's Office (@sfdefender) June 22, 2023
FOR IMMEDIATE RELEASE
June 8, 2023
CONTACT:
Jessie Seyfer, SF Public Defender’s Office | (415) 851-2212 | PubDef-MediaRelations@sfgov.org
**MEDIA ADVISORY**
SF Public Defender’s Office Launches “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog
More than 1,100 trials are delayed past their Constitutionally mandated deadline, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
WHAT: The San Francisco Public Defender’s Office is launching “Summer Sit-ins,” a series of demonstrations taking place every Friday this summer at the 850 Bryant St. Hall of Justice to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. The courts have failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done. To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s office and community allies will gather on the steps of the 850 Bryant St. Hall of Justice on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional trial rights and to pass out factsheets educating the public about the trial delays.
WHEN:
Eight consecutive Fridays from noon to 1 p.m., starting TOMORROW (Friday, June 9) through Friday, July 28.
WHERE:
On the steps of the San Francisco Hall of Justice
850 Bryant Street
San Francisco, CA 94103
WHO:
Staffers from the San Francisco Public Defender’s office; Public Defender Mano Raju will attend several sessions.
VISUALS: Large posters with statistics; People chanting.
Jessie Seyfer, SF Public Defender’s Office | (415) 851-2212 | PubDef-MediaRelations@sfgov.org
Sepi Esfahlani, M Strategic Communications | (714) 746-7090 | se@m-consultants.net
S.F. Implements New State Law Allowing Thousands of Previously Ineligible Individuals to Expunge Conviction Records
SF Supervisors, Public Defender, State’s Leading Advocates for Community Safety Spoke at Press Conference; Clean Slate Clinic Followed
SAN FRANCISCO — San Francisco Supervisors Shamann Walton, Myrna Melgar, Connie Chan, Hillary Ronen and Dean Preston joined Public Defender Mano Raju and some of the state’s leading safety advocates this morning on the steps of the Hall of Justice to urge hundreds of thousands of eligible Bay Area residents — including an estimated 25,000 in San Francisco alone — to permanently expunge old conviction records under a groundbreaking new law that went into effect this year. A full clip of the press conference can be found at twitter.com/safeandjust.
SB 731, authored by state Sen. María Elena Durazo (D-Los Angeles) and signed into law by Gov. Gavin Newsom last October, made California the first state in the nation’s history to allow most old convictions on a person’s criminal record to be permanently expunged. The law greatly expands the list of convictions that are eligible for expungement.
“SB 731 tears down the systematic disenfranchisement and employment barriers faced by millions of Californians living with an old conviction record that disproportionately impacts people of color,” said Tinisch Hollins, executive director of Californians for Safety and Justice. “Rather than keeping us safe, the thousands of restrictions faced by Californians living with an old conviction record make it harder for these community members to rebuild productive and full lives.” The bill created a comprehensive process allowing people to expunge old conviction and arrest records in California once a person has fully completed their sentence and successfully gone four years without further contact with the justice system. Misdemeanor and non-serious felony convictions will be automatically and electronically expunged by the state Department of Justice under the law, while people living with convictions for more serious felonies have the opportunity to petition a judge to have those convictions expunged.
“I’m a successful member of the community with two master’s degrees and I’m raising two kids of my own as well as my niece and a foster child,” said Fiani Johnson of Palo Alto. “But my old conviction has made housing for me and my children really challenging, I can’t volunteer for any extracurricular activities my kids have been involved in at school and I’ve been denied jobs and internships. Getting my record sealed under SB 731 will change all of this. I’ll be able to be more involved in my kids’ lives, and it will open up all sorts of professional opportunities to me.”
“SB 731 is a powerful new tool that organizations like TimeDone and public defender offices across the state can now put to work on behalf of individuals with eligible past convictions,” said San Francisco elected Public Defender Mano Raju. “But it takes a village of hardworking attorneys and staffers to help individuals navigate the legal system, which we all know can be difficult and confusing, to get their applications across the finish line. And these services require funding, especially now that SB 731 could produce a deluge of new applicants who are eligible.”
“This bill is about racial equity”, said District 10 Supervisor Shamann Walton. “San Francisco should be a national leader in advancing racial justice, and allowing people a chance to rebuild their lives. We must continue advancing public policies like this, that prioritize safety and promote equal opportunity, not ones that worsen racial injustices in our criminal justice system, economy and communities.”
Well over a million Californians now have the opportunity to remove barriers to reentry, in many cases for the first time, by an old conviction record in the pursuit of employment, stable housing, educational opportunities and other keys to public safety, family stability and economic security.
“SB 731 will create new futures for individuals who have served their time but continue to be burdened by an old conviction record,” said District 9 Supervisor Hillary Ronen. “I’m proud to see California lead the country in comprehensive record expungement.”
“Once people have served their sentence, the only way to move our communities forward and make us all safer is ensuring these individuals have the opportunity to lead productive and successful lives post-conviction,” said District 1 Supervisor Connie Chan. “This law will expand public safety and boost the economy for all Californians by creating a valuable workforce and decreasing unemployment spending up to $4 billion in the San Francisco Bay Area alone.”
“After serving time, life can become exponentially more difficult because of a criminal record — even if you never commit another crime, ” said District 7 Supervisor Myrna Melgar. “Without this new law, not only did individuals with records suffer, but society was affected by creating a vast underclass of residents — and their children — locked out of jobs, housing, government assistance, and the hopes of a more promising future.”
Nationally, 70 million Americans are living with an old criminal conviction or record that restricts employment, housing, and educational opportunities. In California alone, 8 million people — one in five state residents — are living with a past conviction or record. They face nearly 50,000 different legal restrictions that can restrict economic mobility and permanently push people to the margins of society. Numerous studies bear out the benefits of record clearing. A recent Harvard study found that individuals who have their records expunged are less likely to have contact with the criminal system than the general population, and earn 22 percent more than they did prior to having their records cleared.
“Our entire community benefits when people who have done their time are able to meaningfully access employment, housing, and dignity,” said District 5 Supervisor Dean Preston. “Giving people a path to a clean slate recognizes that people can turn their lives around.”
Individuals living in San Francisco who wish to find out if they are eligible for expunging their records under SB 731 or other laws can contact the SF Public Defender’s Clean Slate Unit at sfpublicdefender.org/services/clean-slate or (415) 553-9337. Outside San Francisco, those interested can go visit TimeDone.org or email sunsets@timedone.org.
###
May 16, 2023 on the steps of 850 Bryant Street, San Francisco Hall of Justice — Californians for Safety and Justice, San Francisco Public Defender’s Office, Time Done, United Playaz, San Francisco Supervisors Ronen, Walton, Chan, Preston and Melgar, and other community members gathered to celebrate the expansion of CA law SB731(Durazo) which expands eligibility for expungement and sunsetting of criminal records. Several speakers shared their personal stories of the obstacles to employment, housing, and parental rights that they continue to face because of their criminal records, despite their efforts to overcome their past through education, healing and hard work. Implementation on SB731 will take more funding and coordination to expedite eligible expungements.
People with criminal records from San Francisco County can get expungement assistance from the S.F. Public Defender’s Office Clean Slate team. Visit our Clean Slate page to start your application today to connect with our attorneys and paralegals who can help answer your questions and guide you through the process.
On April 27, 2023, the California State Assembly Public Safety Committee is holding a Special Session to discuss this year’s state bills related to fentanyl. The San Francisco Public Defender’s Office joins a coalition of 35+ statewide organizations and agencies that have signed onto a letter to the Committee Members urging them to reject these bills, invest in harm reduction, and consider the following:
– California cannot repeat the failed war on drugs.
– Bills that increase penalties for selling drugs harm the very people they purport to protect.
– Jailing people who sell drugs does not reduce the drug supply or demand.
– Supporting these bills will divert time and resources away from evidence-based solutions like treatment and overdose prevention centers.
FOR IMMEDIATE RELEASE: April 26, 2023 MEDIA CONTACT: SF Public Defender’s Office | PubDef-MediaRelations@sfgov.org | Jessie.Seyfer@sfgov.org | (415) 851-2212
**PRESS STATEMENT**
San Francisco Public Defender’s Office Urges District Attorney to Drop Charges Against Unhoused Man Who Acted in Self-Defense When Bear Sprayed
Evidence shows complaining witness initiated altercation; Video evidence indicates other similar attacks against unhoused individuals occurred in same area
SAN FRANCISCO — The San Francisco Public Defender’s office is seeking to have charges against client Garret Doty dropped, given new evidence that the District Attorney’s office turned over to our office yesterday indicating that former S.F. Fire Commissioner Don Carmignani instigated the altercation with Doty, and may be involved in a series of unsolved bear spray assaults and a robbery against unhoused people in the Cow Hollow and Marina neighborhoods.
Doty, who is unhoused, was approached by Marina District resident Don Carmignani on April 5. In a video of the April 5 confrontation, Carmignani is seen initially approaching Doty with spray in hand. This video is part of the evidence that the prosecution turned over to the Public Defender’s office yesterday. An argument between the two men ensued. A third party witness told police that she heard Carmignani threaten to stab and kill Doty if he did not leave the area. Doty responded to Mr. Carmignani in self-defense.
The evidence turned over by the prosecution includes information on eight separate incidents in which a man in the Cow Hollow and Marina Districts, who fits the physical description of Carmignani, approaches unhoused individuals — unprovoked — and sprays them with bear or pepper spray. Bear spray generally has a higher concentration of the capsaicin chemical than ordinary pepper spray. Prosecutors turned over this evidence because they considered it relevant to the circumstances involving Doty.
Another video was turned over of a separate incident from November 2021, where an assailant approaches a sleeping unhoused man and sprays him, taking extra steps to spray him intensely in the face. While the identity of the assailant has never been confirmed, the prosecution indicated that it may be Camignani and therefore relevant or exculpatory to the prosecution of Doty.
Here are the eight reported incidents of an assailant bear-spraying unhoused individuals in the Cow Hollow and Marina Districts, according to evidence disclosed by the District Attorney’s office:
Nov. 6, 2021: Assailant bear sprayed an unhoused individual on Magnolia Street (the above video is of this incident). Victim was sleeping.
October 13, 2022: An assailant bear sprayed an unhoused individual in the face at Webster and Union.
October 24, 2022: An assailant bear sprayed two unhoused individuals who were sitting on a bench at Buchanan and Greenwich.
Nov. 10, 2022: An assailant bear sprayed two unhoused individuals at Union and Fillmore; One of the victims had been sleeping.
Nov. 11, 2022: An assailant bear sprayed an unhoused individual at Lombard and Pierce; Victim was sleeping in tent; assailant unzipped tent and bear sprayed into it and said “Get out of my town.”
Nov. 24, 2022: An assailant verbally threatened an unhoused individual on the 2100 block of Van Ness Ave. and bear sprayed him a few minutes later.
Dec. 7, 2022: An assailant bear sprayed an unhoused individual in the face at Lombard and Broderick.
Jan. 6, 2023: An assailant bear sprayed an unhoused man and woman, took the woman’s wallet, her cell phone and earrings and picked up and threw a dog belonging to one of the victims to the ground.
April 5, 2023: Mr. Carmignani bear sprayed San Francisco Public Defender client Garret Doty near the intersection of Laguna and Magnolia streets.
Doty, who is in custody in San Francisco County Jail, was in court today for his preliminary hearing, but it was delayed because Carmignani did not come to court. The hearing was rescheduled for Thursday, April 27 at 9 a.m. in Department 20 at the San Francisco Hall of Justice, 850 Bryant St.
Civil Rights Corps, San Francisco Public Defender Ask California Supreme Court to Review Challenge to S.F. Court Trial Backlog
Nearly 1,000 trials are delayed past their Constitutionally mandated deadline, with more than 120 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Civil Rights Corps, a national nonprofit that challenges systemic injustice in the U.S. legal system, is joining with the S.F. Public Defender’s Office today to ask California’s highest court to address the San Francisco Superior Court’s severe trial backlog. The backlog is denying nearly 1,000 individuals of their Constitutional right to a speedy trial, and more than 120 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight.
Community members have seen their lives completely upended by the backlog only to have charges dismissed at trial. In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total. In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
“Our organization was moved to support the San Francisco Public Defender’s Office in challenging the injustice of this situation,” said Peter Santina, a managing attorney at Civil Rights Corps. “When the right to a speedy trial is not respected, people face unpredictable, lengthy delays in their case, increasing the pressure to accept plea deals, even for crimes they did not commit, simply to end that pretrial misery and uncertainty.”
Today, Civil Rights Corps filed an amicus brief with the California Supreme Court supporting the San Francisco Public Defender’s Office’s request for the high court to review a lower court’s decision in Estrada v. The Superior Court of the City and County of San Francisco. In that case, two S.F. Public Defender clients are seeking to have their charges dismissed due to their trials being delayed far past their Constitutional trial deadline. But the 1st District Court of Appeal ruled in February 2023 that the backlog was caused mostly by COVID-19, which constituted “good cause” for the delays. The S.F. Public Defender contends that while COVID-19 was an initial factor in the delays, the court has been unacceptably slow to re-open sufficient courtroom space for trials since the San Francisco courthouses resumed jury trials in June 2021. In the months following re-opening, the court allowed multiple judges to take vacations and continued to leave its trial courtrooms half-empty.
“The right to a speedy trial is enshrined in the Constitution for a reason,” said San Francisco Public Defender Mano Raju. “It is a sacred right. But too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance. We appreciate that Civil Rights Corps has joined our efforts to challenge this backlog, and urge the California Supreme Court to take up this urgent matter.”
While other counties in California have addressed COVID-related trial backlogs by opening additional courtrooms, mobilizing personnel to conduct trials, and dismissing cases that went beyond the speedy trial deadline, San Francisco’s court has failed to adjust its operations to adjudicate or dismiss overdue trials. The court continues to use COVID as an excuse, even though virtually all public health restrictions have been lifted.
The California Supreme Court is expected to decide whether to review the Estrada case in the coming weeks.
##
Documents
Petition for Review_Submitted to CA Supreme Court_ To review the decision of the Court of Appeal for the First Appellate District Division One, Nos. A166474, A166508; included on p.36 of the Petition is the First Appellate District Division’s published opinion from 3/27/23.
SF Public Defender Co-Sponsoring State Bills to Increase Fairness and Disrupt Cycles of Harm in Our Criminal Legal System
Bill package seeks to increase fairness in jury trials and outcomes of criminal legal proceedings for youth, immigrants, and survivors
SAN FRANCISCO – The San Francisco Public Defender’s Office announces the co-sponsoring of four key state bills during the 2023 legislative session to increase fairness and racial equity in the criminal legal system.
“We are proud to unveil a priority bill package that furthers our mission to fiercely defend our clients, confront state violence, and advocate for community power,” said Mano Raju, the elected Public Defender of San Francisco. “These bills will make urgent system changes that advance our vision for a more just and equitable society.”
Be The Jury CAAB 881 (Ting)will expand on the successful San Francisco pilot program to increase racial and economic diversity of juries – to better reflect the demographics of the community – by increasing compensation to $100/day for low- to moderate-income jurors in criminal trials. It also removes the statewide $15/day cap on civil juror pay to give courts the flexibility to increase compensation to jurors in civil matters.
The HOME ActAB 1306 (Carrillo)will ensure that immigrants and refugees are not excluded from benefiting from recent criminal justice reforms that have already been signed into state law, simply based on their place of birth. Specifically, it will prevent the California Department of Corrections and Rehabilitation (CDCR) from transferring individuals who have earned release through these reforms to federal immigration authorities. This will ensure equal application of the law, and keep immigrant families together.
The Justice for Survivors Act AB 1497 (Haney) will allow survivors of human trafficking, domestic violence, or sexual violence to be protected from unjust convictions and sentences and to vacate prior convictions. Under current law, only those survivors charged with or convicted of non-violent offenses can raise their history of exploitation and violence to affirmatively defend against convictions, vacate old convictions, or advocate for a reduced sentence. Black and Latinx survivors are more likely to face much harsher charges and sentences for protecting themselves and their loved ones against their abusers or traffickers. This bill extends those provisions to all offenses.
The REPAIR ActAB 1186 (Bonta)will end the harmful practice of saddling youth with restitution orders they and their families cannot pay, and compensate community members who experience harm through a state-funded compensation program so they can be made whole. Youth will have opportunities to participate in community service, restorative justice, or personal development programs to facilitate healing and accountability in place of punitive restitution orders.
“Our priority bill package this year is focused on promoting racial and economic justice, disrupting cycles of harm to system-impacted community members, and reducing incarceration,” said Melanie Kim, State Policy Director for the San Francisco Public Defender’s Office. “We and our coalition partners around the state look forward to these bills passing through the legislature and being signed into law by Governor Newsom this year.”
