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Prosecutors Fight for Eric Garner Grand Jury Record Secrecy

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In this Dec. 3, 2014, photo, security personnel stand outside Richmond County Supreme Court after a grand jury's decision not to indict a New York police officer involved in the police-chokehold death of Eric Garner, in the Staten Island borough of New York. The New York Civil Liberties Union and other petitioners have gone to court on Staten Island to demand that Judge William Garnett open the record in the Eric Garner case — a position opposed by Richmond Count District Attorney Daniel Donovan. Garnett is set to hear arguments at a hearing on Thursday morning Feb. 5, 2015. (AP Photo/John Minchillo, File)

In this Dec. 3, 2014, photo, security personnel stand outside Richmond County Supreme Court after a grand jury’s decision not to indict a New York police officer involved in the police-chokehold death of Eric Garner, in the Staten Island borough of New York. (AP Photo/John Minchillo, File)

TOM HAYS, Associated Press

NEW YORK (AP) — Lawyers battling over whether the grand jury record in the chokehold death of an unarmed black man should stay sealed came under sharp questioning by an appeals court on Tuesday, with one judge asking whether secrecy was a way of glossing over prosecutors’ role in a decision not to charge a white police officer in the case.

The four-judge state panel in Brooklyn heard the arguments in the Eric Garner case after the New York Civil Liberties Union and others appealed a March ruling keeping the minutes under seal. A lower-court judge agreed with the Staten Island district attorney’s office that lifting the veil of secrecy in grand jury proceedings could subject witnesses to harassment or retaliation after they were promised anonymity, an argument repeated on Tuesday.

“The intense public scrutiny of this case should result not in disclosure but even more zealous protection,” Assistant District Attorney Anne Grady said.

But Judge Leonard Austin zeroed in on accusations that then-District Attorney Daniel Donovan was being duplicitous in the Garner case for going to court to get permission for a partial disclosure of details like the number of witnesses, only to turn around and argue against the release of more meaningful information like the testimony of Officer Daniel Pantaleo and prosecutors’ instructions to the grand jury.

“Your office seems to have wanted to put a very pretty gloss on what happened and kind of sweep everything under the rug and use grand jury secrecy as its protection,” Austin said.

Pantaleo and other officers stopped Garner last July 17 on suspicion of selling loose, untaxed cigarettes. A video shot by an onlooker and widely watched online shows Garner telling the officers to leave him alone and refusing to be handcuffed.

The officer responded by wrapping his arm around Garner’s neck in what he said was a sanctioned takedown move and not a banned chokehold. The heavyset Garner, who had asthma, is heard on the tape gasping, “I can’t breathe.” He later was pronounced dead at a hospital.

The medical examiner ruled Garner’s death a homicide and found that a chokehold contributed to it. The death helped spark nationwide debate about the role of race in policing.

The judges on Tuesday also pressed the NYCLU and others on whether they had established a “compelling and particularized need” for the release of the grand jury record as required by law, a standard the lower-court judge found they failed to meet. Attorney Arthur Eisenberg responded that the disclosure was needed to better inform legislative proposals aimed at making grand jury deliberations more transparent.

NAACP attorney James Meyerson went further, saying disclosure was needed because allowing secrecy “reinforces the perception, if not the reality, that the system is rigged.”

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Oakland Post: Week of April 24 – 30, 2024

The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024

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MAYOR BREED ANNOUNCES $53 MILLION FEDERAL GRANT FOR SAN FRANCISCO’S HOMELESS PROGRAMS

San Francisco, CA – Mayor London N. Breed today announced that the U.S. Department of Housing and Urban Development (HUD) has awarded the city a $53.7 million grant to support efforts to renew and expand critical services and housing for people experiencing homelessness in San Francisco.

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Mayor London Breed
Mayor London Breed

FOR IMMEDIATE RELEASE:

Wednesday, January 31, 2024

Contact: Mayor’s Office of Communications, mayorspressoffice@sfgov.org

***PRESS RELEASE***

MAYOR BREED ANNOUNCES $53 MILLION FEDERAL GRANT FOR SAN FRANCISCO’S HOMELESS PROGRAMS

HUD’s Continuum of Care grant will support the City’s range of critical services and programs, including permanent supportive housing, rapid re-housing, and improved access to housing for survivors of domestic violence

San Francisco, CA – Mayor London N. Breed today announced that the U.S. Department of Housing and Urban Development (HUD) has awarded the city a $53.7 million grant to support efforts to renew and expand critical services and housing for people experiencing homelessness in San Francisco.

HUD’s Continuum of Care (CoC) program is designed to support local programs with the goal of ending homelessness for individuals, families, and Transitional Age Youth.

This funding supports the city’s ongoing efforts that have helped more than 15,000 people exit homelessness since 2018 through City programs including direct housing placements and relocation assistance. During that time San Francisco has also increased housing slots by 50%. San Francisco has the most permanent supportive housing of any county in the Bay Area, and the second most slots per capita than any city in the country.

“In San Francisco, we have worked aggressively to increase housing, shelter, and services for people experiencing homelessness, and we are building on these efforts every day,” said Mayor London Breed. “Every day our encampment outreach workers are going out to bring people indoors and our City workers are connecting people to housing and shelter. This support from the federal government is critical and will allow us to serve people in need and address encampments in our neighborhoods.”

The funding towards supporting the renewal projects in San Francisco include financial support for a mix of permanent supportive housing, rapid re-housing, and transitional housing projects. In addition, the CoC award will support Coordinated Entry projects to centralize the City’s various efforts to address homelessness. This includes $2.1 million in funding for the Coordinated Entry system to improve access to housing for youth and survivors of domestic violence.

“This is a good day for San Francisco,” said Shireen McSpadden, executive director of the Department of Homelessness and Supportive Housing. “HUD’s Continuum of Care funding provides vital resources to a diversity of programs and projects that have helped people to stabilize in our community. This funding is a testament to our work and the work of our nonprofit partners.”

The 2024 Continuum of Care Renewal Awards Include:

 

  • $42.2 million for 29 renewal PSH projects that serve chronically homeless, veterans, and youth
  • $318,000 for one new PSH project, which will provide 98 affordable homes for low-income seniors in the Richmond District
  • $445,00 for one Transitional Housing (TH) project serving youth
  • $6.4 million dedicated to four Rapid Rehousing (RRH) projects that serve families, youth, and survivors of domestic violence
  • $750,00 for two Homeless Management Information System (HMIS) projects
  • $2.1 million for three Coordinated Entry projects that serve families, youth, chronically homeless, and survivors of domestic violence

In addition, the 2023 CoC Planning Grant, now increased to $1,500,000 from $1,250,000, was also approved. Planning grants are submitted non-competitively and may be used to carry out the duties of operating a CoC, such as system evaluation and planning, monitoring, project and system performance improvement, providing trainings, partner collaborations, and conducting the PIT Count.

“We are very appreciative of HUD’s support in fulfilling our funding request for these critically important projects for San Francisco that help so many people trying to exit homelessness,” said Del Seymour,co-chair of the Local Homeless Coordinating Board. “This funding will make a real difference to people seeking services and support in their journey out of homelessness.”

In comparison to last year’s competition, this represents a $770,000 increase in funding, due to a new PSH project that was funded, an increase in some unit type Fair Market Rents (FMRs) and the larger CoC Planning Grant. In a year where more projects had to compete nationally against other communities, this represents a significant increase.

Nationally, HUD awarded nearly $3.16 billion for over 7,000 local homeless housing and service programs including new projects and renewals across the United States.

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Oakland Post: Week of April 17 – 23, 2024

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