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State Bans Grand Juries in Police-Involved Deaths

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Public reaction was enormously positive last week when California became the first state to ban the use of grand juries in police-involved killings, but civil rights experts say the change is not significant.

 

Signed by Gov. Jerry Brown, the law – Senate Bill 227 – strips prosecutors of the option of allowing secret grand jury proceedings to decide whether or not to press criminal charges against local, state and federal law enforcement officers who commit violence against civilians.

 

The use of grand juries in these cases has come under severe public scrutiny last year after local police officers in Ferguson and Staten Island were not indicted for causing the deaths of Michael Brown and Eric Garner, sparking protests across the country.

 

Under the new law, prosecutors will solely be responsible for weighing evidence against law enforcement and deciding whether to file criminal charges, that is, whether to take the complaint to a preliminary hearing.

 

Unlike grand juries, preliminary hearings are presided over by a judge and the prosecutor presents live witnesses and evidence that are subject to cross-examination by the defense.

 

It is then up to the judge to answer whether there is enough probable cause that a crime was committed by the defendant.

 

All preliminary hearings are open to the public, whereas grand jury proceedings are held behind closed doors and rarely are the proceedings made public if the jury votes not to indict.

 

The California District Attorneys Association and the California Police Chiefs Association opposed the ban, while many civil rights workers say the banning of grand juries in these cases is a small step in the right direction but not enough to ensure that just decisions be made.

 

John Burris, Oakland civil rights attorney

John Burris, Oakland civil rights attorney

John Burris, civil rights attorney in Oakland, says the ban is not a significant change to the pre-existing process and will not secure more appropriate criminal prosecutions of police officers when deserving.

 

“The real issue is and has always been from the DA’s office because they make the decision on whether or not to indict,” said Burris.

 

“Now they don’t have the option of grand juries, which had transparency issues, but the local DAs in California rarely if ever used grand juries to begin with.”

 

According to Alameda County Assistant District Attorney Teresa Drenick, her office “does not use grand juries in these matters.”

 

In the widely publicized case of the killing of Oscar Grant, BART officer Johannes Mehserle was indicted through a preliminary hearing and found guilty of second-degree murder.

 

Assistant DA Drenick also has stated that there are times when grand juries are vital, such as in cases where witnesses and victims need to testify safely behind anonymity without threat or intimidation.

 

Contra Costa County District Attorney Mark Peterson said the ban on grand juries was a mistake and would not yield more transparency, contrary to the law’s intention.

 

“The district attorney always had the power to make criminal charges, and then a judge decides whether to indict,” said Peterson. “But a grand jury allows a community of 19 or so people to hear the charges, weigh the evidence and make the decision.”

 

“I admit they don’t return non-indictment transcripts to the public, but if that’s the concern, then just make those grand jury transcripts public,” said Peterson.

 

Walter Riley (right) attends rally where Jeralynn Blueford (speaking) addresses supporters demanding justice for Alan Blueford. Photo courtesy of Workers World.

Walter Riley (right) attends rally where Jeralynn Blueford (speaking) addresses supporters demanding justice for Alan Blueford. Photo courtesy of Workers World.

According to Walter Riley, a criminal defense and police misconduct attorney in Oakland, it is an important step for more transparency in the process, even if it does not mean that there will be more appropriate prosecutions.

 

Like other civil rights attorneys, Riley criticizes the “strong connection between the DA and the police, who work very close together.”

 

“As a result of working together, they don’t do a very good job of prosecuting police officers,” he said.

 

Three years ago, Riley spoke out against the Alameda County prosecutors’ decision not to press criminal charges against Oakland Police officer Miguel Masso in the shooting death of Alan Blueford.

 

Natasha Minsker, Director of the ACLU of California Center for Advocacy & Policy

Natasha Minsker, Director of the ACLU of California Center for Advocacy & Policy

The prosecutors decided that Masso had acted in self-defense and would not face criminal charges, a decision Riley questioned after examining the police report.

 

To solve the alleged biases between district attorneys and law enforcement, Burris says assigning independent prosecutors appointed by the attorney general to investigate police shooting cases is the essential next step.

 

Natasha Minsker, director of the ACLU of California Center for Advocacy & Policy, said “proposed legislation for independent prosecutors was killed by law enforcement lobbyists earlier this year.”

 

AB 953, a bill addressing the problem of racial profiling, is set for a vote in Senate, said Minsker. “Over 100 community groups and organizations, including #BlackLivesMatter, are supporting it but it’s facing very strong opposition from law enforcement.”

 

“We really need to push legislature to back necessary bills (like this one),” said Minsker. “Otherwise we won’t end police discrimination.”

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Funds for Down Payments and Credit Repair Given to Black First Time Homebuyers

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood. Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

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By McKenzie Jackson, California Black Media

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood.

Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

CRD Director Kevin Kish said the department investigates cases of apparent racial bias in housing and sometimes more subtle acts of prejudice like nuisance-free or crime-free housing policies or holding tenants to different standards based on their race.

Kish said, “People will get evicted if they call the police. This can negatively impact victims of domestic violence. We also see these no-crime ordinances, or no-crime policies, used in racially discriminatory ways. If there is some kind of incident, and the police are called and it involves a Black family, then they get evicted, but other folks aren’t necessarily evicted.”

On April 11,1968, a week after Rev. Dr. Martin Luther King, Jr. was assassinated, President Lydon B. Johnson signed the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.

Kish noted that William Byron Rumford, the first Black California State Assemblymember, who represented Berkley and Oakland, spearheaded the passing of the Rumford Act in 1963. That law sought to end discriminatory housing practices in the Golden State, five years before the Fair Housing Act became law.
Real estate agent and housing advocate Ashley Garner is the director of the CLTRE Keeper Home Ownership program. That organization gave 25 Black, indigenous, and people of color $17,500 each in down payment and credit repair support to purchase a home in Oak Park, a traditionally Black neighborhood in Sacramento, last fall. CLTRE obtained a $500,000 grant from the city of Sacramento to award the funds to the residents after they completed an eight-week homeownership program.

In 2021, the California Housing Finance Agency (CalHFA) noted that around four in 10 Black California families owned homes, which trails that of White, Asian-American and Latinos.
According to Forbes, the median price for a home in California is over $500,000, which is double the cost of a home in the rest of the country.

Black lawmakers recently introduced their Reparations Priority Bill Package that includes support for Black first-time homebuyers, homeowners’ mortgage assistance and property tax relief for neighborhoods restricted by historic redlining.

California Housing Finance Agency (CalHFA) spokesperson Eric Johnson said CalHFA helps prospective low-income and moderate-income Californians purchase homes by offering down payment and closing cost aid. “There are lots of people who have steady jobs, good credit scores, constant income, but they haven’t been able to save up the money that traditional banks need or want to see for a down payment,” Johnson stated. “We help those folks out. We give a loan for the down payment to get them over that hurdle.”
CRD and the Department of Real Estate hosted “Fair Housing Protections for People with Criminal Histories” Zoom call on April 10.

On April 25, CRD will also hold Zoom seminars focused on advocating for fair housing for people with disabilities.

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