Showing posts with label sheriff. Show all posts
Showing posts with label sheriff. Show all posts

Monday, July 30, 2012

Speak up to petition the SFBOS to Reintate Sheriff Ross Mirkarimi to his elected post, with full powers, benefits and any due back pay - Tuesday July 31, 2012

http://www.facebook.com/events/270950219672507/permalink/270952529672276/
A still small group of Latin American community residents of San Francisco, friends and allies in other ethnic groups or communities, have committed to be at the meeting and during the Public Comment section speak in favor of and/or petition the Honorable Board of Supervisors To Reinstate Sheriff Ross Mirkarimi to his elected post, with full powers, benefits and all due back pay ; for anyone else that would want to also speak up, she/he will not be alone. We feel it is important to let the SFBOS know our opinion and wishes for the outcome of this matter.

In the conversations amongst us, we have come to agree that the July 31st, meeting is surely The One not to miss. The outcome on hearings related to the charge of Official misconduct by the Sheriff is still wide open and anything may/can happen.

Since it was not completely clear how we could proceed to communicate our concerns related to the Official Misconduct charges against our Sheriff, Ms. Vivian Imperiale volunteered to contact the Office of the Clerk of the Board, Ms. Angela Calvillo, to get the official explanation to our questions.
She called and gave us her report on what she was informed. Our thanks to much respected and loved friend Viv.
In the Agenda for the July 31st Hearing, there will be two Public Comment sections and we feel it is important to differentiate each public comments section so we can direct our comments to specifically address in the appropriate section any concerns that we may have:
Agenda Item # 62, "Public Comment", should start around 3:30 p.m. - The Hearing itself starts at 2:00 p.m. in The Legislative Chamber, room 250, at SF City Hall, this is the regular 'General Public Comments'; It is here where any concern or interest on any given issue can be raised to the Board; including petition them to address or take action in any issue or concern that members of the public may have; 

Agenda Item # 71, [Establishing Process for Official Misconduct Hearing], has its own Public Comment section, but the comments should be to specifically (ONLY) address concerns or questions about the Process that the SFBOS will set up for the Hearing after the Board receives the Ethics Commission's recommendations. (As per City Charter, this matter should be handled by the Board within 30 days after the date that the EC's Recommendations are received by the Board.) The Ethics Commission will hold what should be their last Hearing on the matter on August 16th (We will be present at that Hearing too)

For anyone interested in a more detailed understanding of what may happen in a SFBOS meeting on Item # 71 and that in the words of its President "... But we, of course, are free to discuss it next week and amend it if we so desire" Opens all kinds of possibilities, and for anyone who may want to consider on aspects of the Process the SFBOS will set up which are in need of attention and that could be subjected to amendment and implementation, we feel that these should be raised and it is here where it can/could be done.

We include for your perusal, review or analysis, materials related to the case in the event that it can be useful to somebody, including short descriptions/arguments on some points which raise grave concerns for the ones interested in a fair and just process on a precedent-setting matter, which will have serious impact on City Government's policies, practices and any future legislation, or voters' initiative(s) that may need to be passed to address an extremely problematic section in the City Charter, primarily due to its lack of specificity in dealing with vital issues of City Life; specifically, the power granted to the Mayor to make rulings or directives over duly elected officials. The potential for abuse of the provisions in this charter are patently clear, and in the opinion of an ever-growing segment of the SF population, this is exactly what Mayor Lee is doing in this case, which is to use City Government's Agencies in pursuit of a political power grab agenda regardless of the damage it can inflict as a result, or the implications in regards to policy-making decisions it will certainly have.
(included below for anyone interested in getting just a general (partial) overview of our positions)

SF Board of Supervisors set to approve process to hear SF Sheriff R. Mirkarimi misconduct charges [1:40 min.]
http://www.youtube.com/watch?v=prKl8EtwvqE&feature=plcp

Agenda Item # 71 http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2012/BAG073112.pdf
Resolution File # 120808  http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/bosagendas/materials/bag073112_120808.pdf

The 31st is their last meeting before their Recess, August 7* ,14, 21, 28
* The Board is constrained by certain administrative deadlines in relation to the passing of the 2012-2013 budget and may decide to meet on August 7 solely to consider an override vote should the Mayor veto the annual budget.

The Ethics Commission's hearings are complete and on August 16TH, they will meet to deliberate, and if their recommendation is to sustain the Mayor's charges, they "...Shall transmit the full record of the hearings to the SFBOS" Which will have 30 days in which to handle this matter from the date it receives the full record from The Ethics Commission, which depending on such date, the hearing where the process they will set up on July 31st meeting would be followed / implemented, could be in one of these dates, September 4, 11, 18, 25 - In all likehood, the 4th and/or 11th would be chosen in order to be within the 30 days to make "... A final decision" (?)


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ARGUMENTS IN SUPPORT OF OUR PETITION TO THE HONORABLE BOARD OF SUPERVISORS, TO REINSTATE OUR SHERIFF ROSS MIRKARIMI WITH FULL OFFICIAL POWERS TO THE POST HE WAS OVERWHELMINGLY ELECTED, WITH ALL THE BENEFITS OF HIS POSITION, INCLUDING ANY DUE BACK PAY:

I. ALLEGATIONS OF MISCONDUCT ..........................
..........................................9

A. Sheriff Mirkarimi Commits Domestic Violence ..........................
................9
UNTRUE, Sheriff Mirkarimi was not charged with a domestic violence crime, the fact is that he was charged, tried and in a plea bargain, convicted of the minor criminal offense of "False Imprisonment". A misdemeanor, and sentenced. Case closed. To further subject Sheriff Mirkarimi to judgment and punishment on same case, gives the appearance of "double jeopardy"


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B. Sheriff Mirkarimi Threatens To Use His Power As A Public Official Against His Wife In Family Court 
http://www.sfethics.org/files/mayors_opening_brief_4.30.12.pdf.............................................................10
-- Charge made without 'facts in evidence' with which to support it, but which instead was made on "The most reasonable 'interpretation' of Sheriff Mirkarimi’s statement to Ms. Lopez is that Sheriff Mirkarimi was threatening to use the powers and stature conferred by his official positions as Supervisor and incoming Sheriff to obtain advantage."
-- An absolute and gross misinterpretation and apparent criminal (Related to inflicted damage) ignorance of the facts on the part of Mayor Lee, which are:
-- Ms. Eliana Lopez as an Latin American immigrant and recently granted the immigrant status of Legal Alien, was consciously aware than in divorce cases where a USA citizen father and an immigrant mother are involved, the odds on the father being granted legal custody of USA-born children, are overwhelmingly lopsided in favor of a USA citizen. As an immigrant mother, her fears were more than justified. (Ms. Lopez testified under oath in front of the Ethics Commission on July 19th 2012 in regards to these very issues)
-- Due to his Latin American family ties and his position as Supervisor, Ross Mirkarimi was regularly confronted with the inhuman injustices being committed under the power that Ms. Lopez was referring to, he was made aware also via small delegations of Latin American activists who would petition him, and to the other supervisors whom they did perceive as receptive to these very issues, or known for supporting them, as Supervisor Mirkarimi was always ready and prepared to help us stop the inhuman treatment that immigrants mothers were subjected to, such as taking their children away. Sheriff Mirkarimi admitted he was in agreement with his wife in the power advantage that he, as a USA Citizen had, when compared to the relatively recent arrival as immigrant of the mother of his son. A fact of life in the Latin American Community.
-- As further evidence which absolutes refutes the erroneous Mayor's claims on "The most reasonable interpretation of...", within a reasonable amount of time, and if it pleases the Honorable Board of Supervisors, we could present to the Full Board, documents, first-hand witnesses accounts and, pending the wishes and concerns of immigrant women who are survivors of domestic violence and of the mistreatment inflicted on them when victimized and/or neglected by authorities and anti-domestic violence organizations, we could be honored with the presence of two or three survivors who come forward to testify before the Board.There are many more of this type of cases and by far more horrendous which are happening today in the USA. Both Ms. Eliana Lopez and her husband Sheriff Ross Mirkarimi, are, and have been, keenly aware of the fact that his USA Citizen status, gave Sheriff Mirkarimi a built-in unfair advantage in power in regards to child custody issues.

We submit that this is, by far, a more reasonable interpretation supported by actual evidence offered as explanation to the alleged threat the Mayor erroneously claims the Sheriff made to his wife.

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C. Sheriff Mirkarimi Participates In Attempts To Persuade A Witness To Lie And Destroy Evidence During The Ensuing Police Investigation ......10
http://www.sfethics.org/files/mayors_opening_brief_4.30.12.pdf
-- The main witness, Ms. Ivory Madison, refused to testify under oath and the Ethics Commission ruled not to compel her testimony.
-- Ethics Commissioner Paul Renne, a career litigator, did chastise the Mayor's lawyer, Mr. Keith, for introducing Ms. Madison's affidavit "as prejudicial and unsupported hearsay evidence that should have never been introduced, something that even the city's attorneys admitted and apologized for" 
http://www.sfbg.com/politics/2012/06/20/ethics-commission-undercuts-main-witness-against-mirkarimi
-- Both Ms. Eliana Lopez and Ms. Linetta Peralta Haynes have categorically refuted Ms. Ivory Madison's hearsay allegations in her affidavit.

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D. On January 8, 2012, Sheriff Mirkarimi Makes Public Statements That Conflict With The Sheriff’s Duty To Enforce Domestic Violence
Laws ..........................
................................................10
-- Another gross misrepresentation of the facts in evidence, to wit:
-- In all honesty, the Sheriff spoke on what he understood to be an agreement between he and his wife, Ms. Eliana Lopez, of seeking counseling to resolve their marital difficulties. This is the genesis of the Sheriff's public statement, to corroborate that this is in fact the case, we offer Mayor Ed Lee's exhibit # 50, where in an email/text exchange between Ms. Eliana Lopez and Ms. Ivory Madison which took place on January 2nd, 2012, irrefutably corroborates the Sheriff's public statement, and also absolutely refutes the Mayor's claims. 
http://www.sfethics.org/files/mayors_exhibit_50.pdf
-- Furthermore, the District Attorney did not bring domestic violence charges against the Sheriff, a domestic violence crime was not committed, hence, there are no facts in evidence which support the Mayor's allegations which led us to find them without merit.

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E. On March 12, 2012, Sheriff Mirkarimi Agrees To A Plea Deal
Admitting Criminal Wrongdoing And A Criminal Sentence
Incompatible With His Duties ..........................
.........................................11
-- Sheriff Mirkarimi pleaded guilty to a minor criminal offense. A misdemeanor.
-- In regards to the Mayor's conclussion of incompatibility with the Sheriff's duties, we submit that the Mayor's subjective interpretation of extremelly vague language, when added to his growing lack of credibility due to factual lies on record, and two concrete allegations of Usurpation of Legislative Power (Perjury), madates that the San Francisco Board of Supervisors review and evaluate the charges against the language in the City Charter's description of this subject found on this section.

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F. Sheriff Mirkarimi’s Conduct From December 31, 2011 Through
March 19, 2012 Falls Below The Standard Expected Of A Holder Of
Public Office ..........................
...................................12
-- Same as in E.
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California Lawyers Guild Statement on the Suspension of SF Sheriff Ross Mirkarimi and Ethics Commission Proceedings
http://www.nlgsf.org/news/statement-suspension-sf-sheriff-ross-mirkarimi-and-ethics-commission-proceedings

The Mirkarimi case the in the criterion of leaders of The United Parents Committee http://www.dailykos.com/story/2012/07/02/1105495/-The-Mirkarimi-case-the-in-the-criterion-of-leaders-of-The-Parents-United-Committee

Resolution in Support of Justice for Eliana Lopez, Ross Mirkarimi, and Theo Mirkarimi by the Harvey Milk Lesbian Gay Bisexual Transgender Democratic Club http://www.facebook.com/groups/307075602713658/permalink/329127453841806/

El Comité de Padres Unidos Calls on Public to Support Sheriff Mirkarimi and His Wife http://www.dailykos.com/story/2012/07/16/1110690/-El-Comit-de-Padres-Unidos-Calls-on-Public-to-Support-Sheriff-Mirkarimi-and-His-Wife

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Monday, July 23, 2012

RE Mikarimi case: What I request of my SF Supervisor David Campos

San Francisco California, July 23, 2012

To: David Campos
From: Aurora Grajeda
Cc: Eric Mar, David Chiu, Christina Oleague, John Avalos, Mark Farrell, Carmen Chu, Jane Kim, Sean Elsbernd, Scott Wiener, Malia Cohen, Office of the City Attorney.

Good morning Supervisor Campos,

This email is a follow up to my approaching you to share my deep and urgent concerns on aspects of the Sheriff Mirkarimi's case, when you informed me of your inability to speak about it, but in terms of sharing my concerns to you, you also informed me that not only you'd listen to me, but urged me to do so, and that this goes for anyone else. Thank you.

As you may have noticed, a Cc of this email goes to each one of all of the other members of the Board of Supervisors and City Attorney Dennis Herrera's Office, there are many reasons for my doing so, but the most relevant are that in the event that you choose to honor my request and for it to be effective, it needs the support from the other Supervisors. It is intended to be Board's business and instead of repeating it to each one of them, I think we all will agree that it is better to do it all at once, in the open and be open about it to all. To that effect, this email will be made public.

Immediately below, please find two propositions that I expose for you review. Hoping that if you find some merit on what I propose, you'll seek a legal opinion from City Attorney for you and the SFBOS to proceed accordingly:
I do propose that the items of the Sheriff Mirkarimi's salary and his back pay, are irrelevant to the case heard in the San Francisco Ethics Commission's hearings in that matter, due to that these items were not before them and thus, are outside the scope of their considerations for their recommendation to the Board, ergo, do not fall under the Supervisors' restrictions on the Sheriff Mirkarimi's case and accordingly, any Supervisor is free to initiate, discuss and pass legislation regarding these two items, and consequently right a wrong, and it is under these grounds that I do hereby respectfully and formally ask of my Supervisor, David Campos, that to at his earliest, introduce and pass, a motion or a resolution to the effect of overriding and reversing Mayor Ed Lee standing directive to withhold salary from Sheriff Mirkarimi, and to instruct that he be awarded back pay hence,
I do further propose, that in view of the fact that it is longstanding practice and tradition to reassign any city officer to administrative duties with full pay while under investigation of official wrong doing and, in view of the fact that the we in the City and County of San Francisco do not treat our employees the way Sheriff Mirkarimi - in an exceptional departure from past and present norms - has been treated and, in view of the fact that the breaking of this longstanding practice and tradition has irrefutably - but hopefully not irreparably - caused great harm and pain to the family of an elected official whose marriage was going through difficult times and, in view of the fact that the couple's wishes and intentions were, and are, to seek marriage counseling to work out their problems and start their healing as a family and, in view of the fact that the lack of family income or other financial resources have curtailed essentially to zero the number of options they could afford to adopt and start their healing and, in view of the fact that neither city agencies, nor the anti-domestic violence organizations involved in the case, even offered material support much less provide it to the - in their understanding - victim, Eliana Lopez and, in view of the fact that as result, Eliana Lopez became a de facto single mother without any financial support whatsoever and thus, had to leave the country to her native Venezuela where there was family support circles and the possibilities of gainful employment to support herself and her 3 year old son and in her opinion, conditions for positive results were better in Venezuela than in San Francisco and, when viewing all of the just enunciated facts, it obscenely offends every sensibility that I have as a human being and as an immigrant to San Francisco, because this city of immigrants that I so much love and cherish, does not treat its immigrants the shameful way in which Eliana Lopez was treated and, in view of the fact that Family Court on July 20, 2012 lifted the stay away order on Sheriff Mirkarimi and thus, the family is in a better position to reunite and have a chance to heal; just as any other family.
I believe we will be in agreement that a precarious state of affairs in domestic finances, is one of the stressors that factors very high in marriages falling apart, this is the current state of affairs for the Mirkarimi family, while at the same time separated by thousands of miles and still working to continue their healing. And since love between the couple is not an issue and neither is lack of desire to heal as a family; an infusion of monetary resources would go a long way in helping them achieve their goals. Funds which should have been available to them from the very beginning by virtue of the City and County of San Francisco's long standing practices which are applied without exceptions, except this time where they have been withheld; should be made immediately available to them. I can not identify any valid reason on why these funds should not be awarded, there is nothing to gain in withholding them, unless, the objective is to impose stress, pain, suffering and curtail the couples' options for healing, all for reasons that I can't even begin to imagine other than to harm the marriage and family; I totally reject that notion.

As I informed you, I'll be present at the July 24, 2012 Board Meetingto lend support. Though last minute, I'll be asking my friends if anyone can and would also like to attend as support, or to make requests to their own Supervisor for passage of a motion or a resolution, either at the July 24, 2012 Board Meeting, or the week after that, or the one after. At their discretion.

Dear Supervisor Campos, it is not only a good thing to do, but the correct thing to do. The mirkarimi family can surely put to good use a helping hand.

Thank you for your attention and consideration to this matter.
 
Loving regards,


Aurora Grajeda
Mission District
SFCA 072312

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Monday, February 16, 2009

Finally, the Law Goes After Joe Arpaio -- the Most Abusive Sheriff In America



Posted by Emptywheel, Firedoglake at 10:47 AM on February 14, 2009.
The House Judiciary Committee made a critical and public step to rein in a terrible Arizona "lawman."

Hard to imagine, but he's even uglier on the inside.

You have probably heard of the shamelessly self professed "Toughest Sheriff in America", Maricopa County Arizona Sheriff Joe Arpaio. For years he has been making a PR spectacle of himself, all the while running an unconstitutionally deplorable jail system, letting inmates die under tortuous conditions, and violating the civil rights and liberties of everybody in sight, especially minorities. Last week, the House Judiciary Committee made public a critical and public step to rein in the Most Abusive Sheriff In America.

From the HJC press release:

House Judiciary Committee Chairman John Conyers, Jr. (D-Mich.), and Immigration Subcommittee Chairwoman Zoe Lofgren (D-Calif.), Constitution Subcommittee Chairman Jerrold Nadler (D-N.Y.), and Crime Subcommittee Chairman Bobby Scott (D-Va.) called on Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano to investigate allegations of misconduct by Maricopa County (Arizona) Sheriff Joe Arpaio.

Sheriff Arpaio has repeatedly demonstrated disregard for the rights of Hispanics in the Phoenix metropolitan area. Under the guise of immigration enforcement, his staff has conducted raids in residential neighborhoods in a manner condemned by the community as racial profiling. On February 4, 2009, Arpaio invited the media to view the transfer of immigrant detainees to a segregated area of his "tent city" jail, subjecting the detainees to public display and "ritual humiliation." Persistent actions such as these have resulted in numerous lawsuits; while Arpaio spends time and energy on publicity and his reality television show, "Smile… You're Under Arrest!", Maricopa County has paid millions of dollars in settlements involving dead or injured inmates.

...

It is time for the federal government to step in and uphold the rule of law in this country, even in Maricopa County."

"Law enforcement is not a game or a reality show, it is a public trust," said Scott. "There is no excuse for callous indifference to the rights of the residents of Arizona, whether in their neighborhoods or as pretrial detainees."

The full official text of the letter to Napolitano and Holder is here.

It is high time that somebody on the national scene notice, and the Federal government take action on, the egregious and violative conduct of Joe Arpaio.

Joe Arpaio is a two bit carnival barker and huckster, not a dedicated law enforcement official. The opportunistic man came into office running against a fellow Republican and incumbent Maricopa County Sheriff, Tom Agnos, by bad mouthing Agnos and arguing that the entire Maricopa County Sheriff's Department needed to be cleaned up. In fact, Arpaio's winning campaign was predicated upon his willingness to mock the very department he was running to lead and promise to expose the dirty laundry of Agnos and the Sheriff's Department for its involvement in the infamous Buddhist Temple Murder case (link is a fascinating three part story), a seminal case in textbooks on coerced confessions (from the fact that four separate coerced false confessions were obtained to a single crime). Arpaio promised to restore honor to the department, and also swore he would serve only one term in office. Five terms and seventeen years later, Arpaio has failed miserably on both promises.

The upshot of the House Judiciary Committee's missive to Attorney General Holder and DHS Secretary Napolitano is that Arpaio's:

...repeated course of conduct, which values publicity opportunities over the civil rights of residents of Arizona, is too disturbing to leave enforcement of the civil rights laws to private litigants. There are several tools at the federal government's disposal to address these allegations, and we urge their prompt consideration and application.

In short, the HJC is demanding that a full panoply of federal civil and criminal laws and remedies be brought to bear by the arms of federal law enforcement. One of the grounds for the HJC demand is Arpaio's acts earlier this month, described in the letter as follows:

Most recently, on February 4, after making sure to alert the media, Arpaio reportedly paraded approximately 200 suspected illegal immigrants in shackles to a segregated area of his "tent city" county facility, where they will supposedly remain until they are adjudicated and have served any sentences they face for local violations. The New York Times described this conduct as "ritual humiliation." The men who Arpaio is displaying like trophies are reportedly in pretrial detention, not having been convicted of any crime.

If you want to understand the true extent of Sheriff Joe's war on brown people, the Phoenix New Times' expose "Guadalupe Made It Clear That Joe Arpaio’s Attacking Anyone With Brown Skin" is an absolute must read. Seriously, it is a long piece, but to call it chilling and important would be an understatement, and it is superb start to finish. Here is a taste:

With spirited protesters and helmeted deputies on horseback, the night of April 3 in Guadalupe was like some historical reenactment, albeit in miniature, of a late-'60s anti-war melee. You know, the kind chronicled by Norman Mailer in one of his seminal "non-fiction novels" of the era, such as Miami and the Siege of Chicago or The Armies of the Night.

...

Following up on his criticism of Arpaio during a César Chávez luncheon in March, Phoenix Mayor Phil Gordon addressed a letter to the U.S. Justice Department asking for an investigation of the sheriff. The letter was dated April 4, the second day of the MCSO's Guadalupe sweep, and the MCSO's actions in Guadalupe figured prominently in the missive.

Egregious to be sure, but hardly the only such acts by Arpaio, and certainly not the worst. Let's go through some of the others alluded to in the letter, although not described in detail.

Arpaio was little more than halfway through his first term in office when his policies and jail conditions first came under investigation for abuse by the US Department of Justice. Shortly after that, and still during his first term in office, young Scott Norberg died in Arpaio's jail as a result of said policies:

[Norberg] was in Arpaio's jail just 15 hours before he was handcuffed by guards, kicked, stomped on, and then strapped into a restraint chair. There, guards held a towel over his head, literally suffocating him. Medical records later revealed that he had been shot with a stun gun at least 14 times and beaten so badly that his larynx cracked.

That one cost the taxpayers of Maricopa County $8.25 million, but did not deter the Most Abusive Sheriff in America; instead, he seemed to get off on the notoriety. There were more unnatural deaths in Arpaio's jails, from a variety of causes, after Norberg. The belligerent Arpaio finally stopped the deplorable use of the restraint chair in 2006 after fighting demands by citizens and federal overseers on the issue for nearly a decade.

What caused Arpaio to finally give up his demonic obsession with the restraint chair that killed Scott Norberg? Ah, glad you asked:

On March 29, 2006, a $9 million court judgment was leveled against Arpaio and the county in the beating and restraint-chair death of inmate Charles Agster III.

Agster, 33 and mentally retarded, was arrested for trespassing on August 6, 2001. Detention officers at the Madison Street Jail pulled a hood over his head and slammed him into a medieval-looking restraint chair. The hood around Agster's throat smothered him to the point that he became brain dead. He was pronounced legally dead three days later on August 9, 2001.

Agster's death should have been prevented. Two years before he was killed, the county had paid $8.25 million to settle the Norberg suffocation suit.

There was at least one more death at the restraints of Arpaio's cherished chair, Clint Yarborough in 2005. It should be noted that neither Norberg, Agster, nor Yarbrough were ever tried or convicted for the charges they were arrested on; none of them lived to see their first court date and died innocent men under the law. Those are just the deaths associated with the medieval restraint chair, there have been numerous deaths from improper or complete lack of medical care, neglect and other perils.

One of the other examples of the decrepit conditions Arpaio presided over is that of Kathleen Carey:

READ THE FULL STORY

Plese digg this story

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