‘Systemic breakdown’: Court orders release of Alameda County prisoner who waited 14 years for trial that never happened
BOB EGELKO, Chronicle: "A state appeals court ordered the release Wednesday of an Alameda County man who spent 13 years in prison for rape convictions, and has been locked up for nearly 14 years since then awaiting trial on the state’s attempt to hold him as a “sexually violent predator.”
Terrance Butler attended only a handful of the more than 50 court hearings held in his case from November 2006 onward, and asked for a speedy trial whenever he was allowed to attend, said the First District Court of Appeal in San Francisco. It said Butler’s public defenders, county prosecutors and several Superior Court judges were responsible for the postponements.
“Blame for the delay must be shared between a district attorney’s office that abdicated its responsibility for prosecuting this case, a public defender’s office that disregarded Butler’s repeated demands for trial, and a trial court that took no meaningful action,” Justice Gabriel Sanchez said in the 3-0 ruling."
READ MORE related to Police/Prisons/Protests/Public Safety: Activists sue SF, claiming police tapped surveillance cameras during George Floyd protests -- The Chronicle's MEGAN CASSIDY; LAPD officer's body cam video shows suspect grabbing his gun and pistol whipping him -- LA Times's RICHARD WINTON
ICE arrests 128 undocumented immigrants in California's sanctuary cities, critics blast Trump for 'political theater'
The Chronicle's TATIANA SANCHEZ: "The Department of Homeland Security announced the arrest of 128 undocumented immigrants Wednesday in sanctuary cities across California, including San Francisco, Los Angeles and San Diego.
Six of those arrests were made in the Bay Area, said ICE spokesman Jonathan Moor.
The nation’s top immigration officials disclosed the results of Operation Rise during an unusual news conference Wednesday in Washington, D.C., slamming sanctuary jurisdictions and doubling down on the need to secure the country’s borders."
Twitter buzzes over a fly in Pence’s hair, speculates about his left eye
From BRITTNY MEJIA, LA Times: "During the vice presidential debate on Wednesday, many Twitter users were fixated not on the arguments — but on a fly that landed on Mike Pence’s head.
It quickly gained celebrity status. By the end of the night, it had its own Twitter account with 50,000 followers.
But Twitter users’ first fixation was on Pence’s left eye. The eye was red from the moment he took his seat behind a plexiglass barrier."
READ MORE related to Debates: Photos from the VP debate -- LA Times's STAFF; A round-by-round scorecard of the matchup -- LA Times's STAFF; Harris vs. Biden takeaways: Coronavirus, 'I'm speaking' and California's cameo -- The Chronicle's JOE GAROFOLI/TAL KOPAN/JOHN WILDERMUTH; Will Biden raise your taxes on day one? -- Sac Bee's DAVID LIGHTMAN; Where does Harris stand on cannabis? -- Sac Bee's DAVID LIGHTMAN; Would Harris push for government takeover of health care? -- Sac Bee's DAVID LIGHTMAN; VP candidates debate with friendler fire -- The Chronicle's EVAN HALPER/CHRIS MEGERIAN/SEEMA MEHTA.
Nine dead, 61 positive in coronavirus outbreak at Santa Cruz County facility
The Chronicle's LAUREN HERNANDEZ: "Nine people have died and another 61 have tested positive for the coronavirus in a “serious outbreak” at the Watsonville Post-Acute Center, according to Santa Cruz County public health officials.
The county did not say when the outbreak started, but it announced five of the nine deaths among residents on Wednesday. The outbreak is responsible for nearly half of the 19 total COVID-19 deaths in Santa Cruz County.
Of those who tested positive at the facility, 46 are residents and 15 are staff, public health officials said. The county has recorded 2,535 total coronavirus cases, according to the county’s COVID-19 data dashboard."
READ MORE related to Pandemic: Experimental COVID drug hailed by Trump is still undergoing trials, unavailable to most Americans -- The Chronicle's CATHERINE HO; Four Bay Area counties fall short of state's new coronavirus equity metrics, which are needed to advance reopening -- The Chronicle's TATIANA SANCHEZ
Appeals court stops Trump administration from shutting down census before Oct. 31 deadline
The Chronicle's BOB EGELKO: "A federal appeals court refused Wednesday to allow the Trump administration to shut down the 2020 census before the current Oct. 31 deadline, allowing the continuation of population-counting that is crucial for states' federal funding and congressional representation.
The Ninth U.S. Circuit Court of Appeals in San Francisco said the Census Bureau could still try to meet a separate legal deadline of processing and presenting the census totals to President Trump by Dec. 31, reversing U.S. District Judge Lucy Koh’s order to suspend that deadline. But on the central issue in the case, the court agreed with Koh that the administration’s plan for an early termination of census-taking would threaten the constitutional requirement of a complete population count once per decade.
The San Jose-based judge relied on “numerous statements by (Census) Bureau officials that accelerating the schedule would jeopardize the accuracy of the census,” the three-judge panel said. It said the government’s claim that it could shut down the census count as much as a month early and still provide accurate totals was “unsupported” by any evidence."
Chinese developer agrees to pay $1M in City Hall graft scandal
LA Times's DAVID ZAHNISER/JOEL RUBIN: "The subsidiary of a China-based real estate company has agreed to pay $1.05 million to resolve a federal investigation into its involvement in the ongoing City Hall bribery and corruption scandal, federal prosecutors said Wednesday.
In a deal struck with the U.S. attorney’s affice in Los Angeles, Jia Yuan USA Co. will pay the penalty and continue cooperating with the federal government in its probe of Councilman José Huizar and other figures, according to a copy of the agreement. In exchange, the government agreed not to pursue criminal charges against the company.
In a statement, the U.S. attorney’s office said it had decided not to prosecute because company officials had taken responsibility for its conduct in a “timely” way, fired a real estate consultant who later pleaded guilty in the corruption probe and cooperated with investigators. The agreement does not prevent prosecutors from charging individuals who work at Jia Yuan USA or its Chinese parent company, Shenzhen Hazens."
Prop. 25, CA measure to end cash bail, splits reform advocates
The Chronicle's MEGAN CASSIDY: "Criminal justice reform advocates who’ve spent years calling for the end of cash bail are now split over a statewide ballot measure that would do precisely that.
The disagreement over Proposition 25, however, is rooted not in its core component — doing away with a system in which people can be kept behind bars if they cannot afford bail. Instead, the debate has arisen out of the measure’s controversial plan for replacing the bail system.
“There’s a real concern that (the measure) could be worse than the system it’s trying to fix,” said San Francisco District Attorney Chesa Boudin, who previously opposed the initiative but is now neutral."
READ MORE related to Down-Ballot Measures/Props: 23 would require on-site doctors in dialysis clinics -- The Chronicle's DUSTIN GARDINER
Changes at California's unemployment agency don't do enough to address problems
LA Times's PATRICK MCGREEVY: "California’s new unemployment benefits application system is experiencing long wait times, and tens of thousands of jobless people who signed in did not complete the process in its first six days, many likely because they were unable to, state officials said Wednesday.
The findings drew concern from state lawmakers who said improvements made by the Employment Development Department don’t do enough to address the agency’s problems.
The new online system to expedite applications for benefits and verify identities was installed in response to complaints that the EDD’s former process was ineffective, plagued by jammed phone lines and computer glitches, leaving a backlog of 1.6 million applications that had not been approved as of last month."
Nearly a third of California land must be conserved under new order signed by Newsom
Sac Bee's ANDREW SHEELER: "Citing a need to tackle the growing problem of climate change, California Gov. Gavin Newsom on Wednesday gave the order for state agencies to conserve 30% of state land and coastal water by no later than 2030.
The move is a bid to store carbon in the state’s natural and working lands and remove it from the atmosphere, according to a statement from the governor’s office.
The order directs state agencies to pursue strategies and partnerships that focus on healthy soil management, wetlands restoration, active forest management and boosting green infrastructure, according to the governor’s office."
Payment for voter outreach in limbo as controller says secretary of state needs budget authority
Sac Bee's LARA KORTE: "Approval for spending on a $35 million statewide voter outreach and education campaign has stalled as state agencies grapple over whether or not the California Secretary of State’s office has the authority to spend certain state funds.
The state Controller’s office, which acts as the chief financial officer for the state, said this week that the Secretary of State has not cited an appropriate budget authority to spend local assistance funds on its contract with consulting firm SKDKnickerbocker, as the office has claimed.
The ads for the Vote Safe California campaign began airing last month on televisions across the state, telling voters how to track their mail ballots and ensuring them that they are “simple, safe” and “secure."
Cal Fire opens investigation into private firefighting activities in Glass Fire
The Chronicle's NORA MISHANEC: "Cal Fire has opened an investigation into allegations that private firefighters set illegal backfires to protect properties threatened by the Glass Fire, a spokesman said Wednesday evening.
The agency’s law enforcement division is handling the investigation.
Cal Fire would not disclose where in Wine Country the private firefighters were apprehended, but confirmed that the incident occurred over the weekend as red flag conditions whipped up flames across Napa and Sonoma counties."
READ MORE related to Wildfire Season/Firefighters: SF firefighter dies in training accident -- The Chronicle's MICHAEL CABANATUAN/MICHAEL WILLIAMS; How two friends helped firefighters protect a Santa Rosa neighborhood from the Glass Fire -- The Chronicle's MALLORY MOENCH
COVID-19 brutalizes state colleges despite intense preparation
LA Times's COLLEEN SHALBY: "This fall, as colleges around the country wrestled with how to reopen amid the coronavirus crisis, officials in California required a cautious approach. Classes were put online, isolation rooms were set up on campus, and restrictions were placed on the number of students permitted to live in dormitories or come on campus.
But what deans and provosts couldn’t control were the thousands of students who returned to fill apartments and houses in neighborhoods surrounding their schools, determined to salvage some semblance of a college experience.
Unchecked by campus rules and safeguards, these students became fertile ground for the virus, which has spread rapidly on and around several California campuses despite sparsely populated dormitories and classrooms. From San Diego to Chico, the outbreaks have thrown universities into crisis mode as they scramble to slow the virus’ spread with tighter restrictions and attempts to cajole students into safer behavior."
California suffers harsh budget blow as Trump ends coronavirus stimulus talks
The Chronicle's ALEXEI KOSEFF: "The big state budget bet that California officials made this summer appears to have gone bust after President Trump declared Tuesday he was ending talks with congressional Democrats on another coronavirus stimulus bill before the election.
Billions of dollars in funding cuts that Gov. Gavin Newsom and lawmakers hoped they would be able to reverse this fall will now likely remain in effect, at least for several more months.
That is bad news for California’s public universities, courts, schools and government employees. They collectively lost about $11 billion in the state budget that took effect July 1, though the state established a mechanism for reversing those reductions if the federal government provided a bailout by Oct. 15."
READ MORE related to Economy: California theme parks must stay closed for now, Newsom says -- BLOOMBERG
Thousands of East Bay health care workers launch strike, protesting patient safety, poor conditions
The Chronicle's NORA MESHANEC: "More than 3,000 nurses and health care workers began a weeklong strike at East Bay hospitals Wednesday to protest what they characterized as unsafe working conditions, mismanagement and persistent short staffing.
The strike is targeting the Alameda Health System, a government agency that operates the county’s public hospitals, which largely serve minority communities.
Health care workers on the picket lines at Alameda Hospital and San Leandro Hospital called the strike a measure of last resort after hospital administrators rebuffed their previous attempts to address staffing cuts and supply shortages in light of the coronavirus pandemic."
The WH is a coronavirus hot spot. But no one can make it do contact tracing
LA Times's EMILY BAUMGAERTNER: "Contact tracing is the bedrock of disease outbreak containment, but experts said the White House has no legal obligation to investigate coronavirus infections that might have originated there.
At least 12 people have tested positive since attending a Sept. 26 White House ceremony to nominate Judge Amy Coney Barrett to the Supreme Court.
They were among more than 100 attendees who sat in tightly packed rows without masks. Videos show some greeting each other with hugs."
SCOTUS nominee Barrett served as 'handmaid' in religious group
AP: "Supreme Court nominee Amy Coney Barrett served as a “handmaid,” the term then used for high-ranking female leaders in the People of Praise religious community, an old directory for the group’s members shows.
Barrett has thus far refused to discuss her membership in the Christian organization, which opposes abortion and, according to former members, holds that men are divinely ordained as the “head” of both the family and faith, while it is the duty of wives to submit to them.
Portions of two People of Praise directory pages for the South Bend, Ind., branch were shared with the Associated Press by a former member of the community on condition of anonymity because of the sensitivity of the issue and because this person still has family members in People of Praise. A second former member, Gene Stowe, who left the South Bend branch on good terms several years ago, confirmed the authenticity of the directory pages. He said he could not say precisely what year the directory was from but that it had to be 2013 or earlier because one of the people listed had by then moved to another state."
