San Quentin must release or transfer half its prisoners because of lack of COVID care, court rules
The Chronicle's BOB EGELKO: "Finding that state officials have acted with “deliberate indifference” to the health of prisoners at San Quentin — where 75% of them have tested positive for the coronavirus and 28 have died — a state appeals court took the unprecedented step Tuesday of ordering at least half of the prison’s 2,900 inmates transferred or released.
The failure to take proper safety measures at the 148-year-old prison is “morally indefensible and constitutionally untenable,” said the First District Court of Appeal in San Francisco. The court said San Quentin inmates, many of them elderly or medically vulnerable, could be relocated to other prisons or correctional facilities with safer conditions or granted early parole.
The court had signaled its intention to order large-scale releases at a hearing in August, when the justices criticized prison officials for their response to a COVID-19 outbreak at San Quentin caused by the botched transfer of inmates from the California Institution for Men in Chino. But Tuesday’s ruling was the most dramatic and far-reaching judicial response to date, in California and perhaps nationwide, to officials’ handling of the pandemic behind bars."
READ MORE related to Pandemic: US deaths are about 300,000 higher than expected since the coronavirus arrived -- LA Times's KAREN NAPLAN; WH, Dems inch toward coronavirus stimulus package, including more checks -- LA Times's SARAH D WIRE; Coronavirus spreading 'uncontrollably' in much of US -- but not California. Here's why -- The Chronicle's ANNIE VAINSHTEIN; Young adults still driving COVID-19 cases in LA County -- LA Times's LUKE MONEY; Do we need a COVID-19 video game? How about 51 games? I think we might -- LA Times's TODD MARTENS
Newsom appoints Amanda Ray to head the CHP; she will be the first Black woman to ever lead the agency.
Sac Bee's WES VENTEICHER: "A woman will lead the California Highway Patrol for the first time in the department’s history following the retirement of Commissioner Warren Stanley, according to a Tuesday news release.
Amanda Ray, 54, of Sacramento, will become commissioner on Nov. 17, according to the release from Gov. Gavin Newsom’s office. Newsom appointed Ray, who is currently a deputy commissioner with the department, to the leadership post.
Ray will be the second African American to lead the agency, after Stanley, according to the release."
READ MORE related to Police/Prisons/Protests/Public Safety: SF firefighter killed in training accident remembered for life of service -- The Chronicle
Garcetti advisor Rick Jacobs to 'take a leave' amid sexual misconduct allegations
LA Times' DAKOTA SMITH: "Rick Jacobs, a top political advisor to Mayor Eric Garcetti, said Tuesday night he will “take a leave” from his work with Garcetti amid allegations of sexual misconduct.
“For the past seventeen years, I have dedicated myself to advocacy and public service. I do not want this to be a distraction. Therefore, I will take a leave from my non-profit work and my volunteer political work with the mayor,” Jacobs said in an emailed statement.
A Los Angeles police officer who had been a bodyguard for Garcetti filed a lawsuit this summer alleging sexual harassment by Jacobs. On Monday, in a first-person article posted online, journalist Yashar Ali accused Jacobs of sexual misconduct."
Cash pours into California House races where GOP and Dems are neck and neck
The Chronicle's JOHN WILDERMUTH: "Millions of dollars are flooding into California’s most competitive congressional races as campaigns gear up for the costly sprint to Nov. 3.
In four of the state’s most closely watched contests, each candidate raised more than $1 million in the quarter ending Sept. 30, according to financial reports released by the Federal Election Commission.
Leading the way was GOP Rep. Mike Garcia of Santa Clarita (Los Angeles County), who raked in $3.2 million for the quarter. Garcia beat Democratic Assemblywoman Christy Smith in a May runoff for a seat left vacant when Democratic Rep. Katie Hill resigned late last year. He and Smith will meet in a rematch next month."
Court monitor slams PG&E for falling behind on wildfire tree trimming across California
Sac Bee's DALE KASLER: "PG&E Corp. is still missing dangerous trees in its quest to keep limbs from crashing into power lines and igniting major wildfires, a court-appointed investigator has found.
Mark Filip, a Chicago lawyer who is the court-appointed monitor in the utility’s criminal probation, reported this week that the utility’s “enhanced vegetation management” program appeared to backslide this year after making strides in late 2019.
“Although there were meaningful improvements within 2019, that improvement appears to have, at best, plateaued, and perhaps actual regression has occurred,” Filip wrote in a report to U.S. District Judge William Alsup in San Francisco."
Livermore mostly spared as planned PG&E shut-offs shift in Bay Area, but powerful winds extend fire risk
The Chronicle's NORA MISHANEC: "Powerful winds with the potential to spark new wildfires are expected to continue into the weekend as the National Weather Service expanded its red flag warning to include much of the Bay Area’s high-altitude terrain.
The expected winds carry the risk of inciting new fires in mountainous areas just one day after crews fully contained the Glass Fire still smoldering in Napa and Sonoma counties. Thousands of households and businesses could face potential power shut-offs.
A red flag warning — signaling a critical fire risk — has been issued for the North Bay mountains and the East Bay hills and interior valleys, where wind gusts could reach 60 mph at the highest elevations. Also included are the Santa Cruz Mountains and the San Mateo coast, though wind gusts are not predicted to be as widespread in those areas. The red flag warning will take effect at 10 p.m. Wednesday and last through at least 8 a.m. Friday."
How Prop. 15 would roll back California's landmark tax rule and raise billions
LA Times's RYAN MENEZES/SANDHYA KAMBHAMPATI: "One of the most consequential choices on the ballot is Proposition 15. If it passes, the measure will change how California properties are taxed by rewriting a decades-old rule that reshaped how local governments raise funds.
To understand the decision facing voters this year, it helps to go back to 1978. Real estate values were rising, along with property tax bills. Voters were asked if they would like to cap how much owners pay.
The question came in the form of a ballot measure called Proposition 13."
READ MORE related to Ballot Props.: In Prop.22, app-based companies ask voters to resolve what lawmakers would not -- LA Times's JOHN MYERS/TARYN LUNA
No vote of confidence for Feinstein from top Senate Dem Schumer
The Chronicle's TAL KOPAN: "With California Sen. Dianne Feinstein facing calls from the left to step down from her role leading Democrats on a key committee, Senate Minority Leader Chuck Schumer declined to guarantee she will stay put.
“I’ve had a long and serious talk with Sen. Feinstein,” Schumer said Tuesday. “That’s all I’m going to say about it right now.”
The New York Democrat was asked at his weekly news conference to respond to the criticism leveled at Feinstein after the Senate Judiciary Committee’s confirmation hearings last week for Judge Amy Coney Barrett, whom President Trump has nominated to the Supreme Court."
If you die before election day, does your early ballot count? That depends
AP: "At 90 years old and living through a raging pandemic, Hannah Carson knows time may be short. She wasted no time returning her absentee ballot for this year’s election.
As soon as it arrived at her senior-living community, she filled it out and sent it back to her local election office in Charlotte, N.C. If something were to happen and she doesn’t make it to election day, Carson said she hopes her ballot will remain valid.
“I should think I should count, given all the years I have been here,” she said."
Barrett served as trustee at private school with anti-LGBTQ policies
AP: "Supreme Court nominee Amy Coney Barrett served for nearly three years on the board of private Christian schools that in effect barred admission to children of same-sex parents and made it plain that openly gay and lesbian teachers weren’t welcome in the classroom.
The policies that discriminated against LGBTQ people and their children were in place for years at Trinity Schools Inc., both before Barrett joined the board in 2015 and during the time she served.
The three schools, in Indiana, Minnesota and Virginia, are affiliated with People of Praise, an insular community rooted in its own interpretation of the Bible, of which Barrett and her husband have been longtime members. At least three of the couple’s seven children have attended the Trinity School at Greenlawn, in South Bend, Ind."
California's Democratic base to Newsom: Pick a filibuster foe to replace Kamala Harris if she wins
The Chronicle's JOE GAROFOLI: "Election day is two weeks away, but California progressive and labor leaders already have a demand of Gov. Gavin Newsom should Sen. Kamala Harris be elected vice president: Pick a replacement who will help get rid of the Senate filibuster to improve Democrats’ chances of passing bills.
The filibuster is the rule that allows a minority of 40 senators in the 100-member chamber to block a vote on any bill. Its elimination is rapidly moving up the to-do list for Democrats, noting that Sen. Mitch McConnell, who has shown little willingness to reach across the aisle, is likely still to be leading Republicans next year even if they lose the Senate. All it would take is a simple majority of the Senate to kill the filibuster.
“The single most important consideration in making this momentous decision must be whether the person you choose is committed to ... (being) a true champion for a functional, effective Senate,” said a letter written to Newsom on Monday, whose signers included the head of the 2.1 million-member California Labor Federation and the progressive group Courage California, which claims 1.4 million members."
Biden campaign had three times more money than Trump's as they entered the final phase
LA Times's SEEMA MEHTA: "President Trump entered the final weeks of the campaign at a severe financial disadvantage to Democratic nominee Joe Biden, according to fundraising disclosures filed Tuesday night with the Federal Election Commission.
Biden’s campaign ended September with $180.6 million in the bank, while Trump’s committee reported $63.1 million.
The gap helps explain why the president on Sunday — 16 days before election day — took hours off the campaign trail to headline a fundraiser in Newport Beach."
After being her own boss, Kamala Harris embraces new role as Biden's No. 2
LA Times's MARK Z BARABAK/MELANIE MASON: "Throughout her career — as San Francisco district attorney, California attorney general and a U.S. senator — Kamala Harris managed to call most of her own shots. Now, as the Democratic vice presidential nominee, her role is different: Talk up Joe Biden, attack President Trump, raise gobs of money and do nothing to upstage the top of the ticket.
It is no small adjustment. But she has, by many accounts, acquitted herself well, easing the concern of some in the Biden camp who worried about Harris’ ambitions and ability to subsume her personal interest and apply her skills wholly in the service of someone else. She did, after all, make her own unsuccessful run for the White House.
“She came in willing to assume whatever role necessary,” said Democratic Rep. Cedric L. Richmond of Louisiana, an early Biden supporter and co-chair of his campaign, who notes that he was not among the Harris skeptics. “She is delivering everything from fundraising to voter contacts to engagement with leaders.”"
Former presidential hopeful Tulsi Gabbard transfers from Hawaii to California Army post
Sac Bee's DARRELL SMITH: "Major Gabbard is reporting for duty in Northern California.
Tulsi Gabbard, a Hawaii congresswoman and former Democratic presidential candidate, is now attached to the 351st Civil Affairs Command, based in Mountain View, the Honolulu Star-Advertiser reported Sunday, citing military officials. Gabbard served 17 years with the Hawaii Army National Guard before taking the Bay Area assignment.
Hawaii National Guard officials confirmed the mainland transfer, saying Gabbard switched to the California unit in June. The change of station was not formally announced even within the Hawaii National Guard, the Star-Advertiser reported."
Dems want the names of voters who used GOP drop boxes. Now they're going to court
Sac Bee's LARA KORTE: "California Republicans refuse to hand over information about who used their unofficial ballot drop boxes. Now, state Democratic leaders are taking them to court.
California Attorney General Xavier Becerra on Tuesday filed a petition in the Sacramento Superior Court requesting the court order the CA GOP to comply with “investigative interrogatories,” or questions posed to the party about the use of unofficial ballot drop boxes.
Becerra is asking the court to force Republicans to provide the name, address and birth date of all individuals that deposited a vote by mail ballot in any of Republicans’ non-official drop boxes, as well as the number of drop boxes deployed by the party and their locations, according to court filings."
Campaign to overturn California's flavored tobacco sales ban accused of misleading voters
LA Times's PATRICK MCGREEVY: "Supporters of a coming ban on the sale of flavored tobacco products in California asked the state attorney general on Tuesday to investigate complaints that people gathering signatures for a referendum to overturn the law have misrepresented the effort.
An attorney for the group Tobacco Free Kids Action Fund filed a complaint with state Atty. Gen. Xavier Becerra asking for an investigation of “numerous instances of illegal signature-gathering tactics,” noting that it is a misdemeanor for signature gatherers to intentionally misrepresent a referendum petition.
“In several instances, petition circulators for this referendum have approached voters and asked them to sign this petition under the pretense that signing the petition would support banning flavored tobacco,” attorney Lance Olson wrote. “This is categorically false, as this referendum seeks to overturn the law prohibiting the sale of flavored tobacco products.”"
Q&A: What is the Commission on Presidential Debates, and where did it come from?
LA Times's MATT PEARCE: "The closing weeks of the 2020 presidential election have been shot through by controversy over when and how the two main candidates will meet and debate. Right in the middle of that controversy is the Commission on Presidential Debates, a little-known nonprofit that has managed the matchups for decades.
The second and final bout between Republican President Trump and Democratic nominee Joe Biden is set for Thursday night in Nashville. (What was supposed to be the second debate on Oct. 15 was scrapped when Trump refused to participate in a virtual event after his hospitalization with COVID-19.) The commission drew headlines Monday for its decision to mute each candidate during the other’s opening remarks after Trump repeatedly interrupted Biden at the first debate, a matchup many commentators regarded as one of the ugliest they’d seen.
Here’s what you need to know about the commission and how it emerged."
SF's new Caren Act makes false, racially charged complaints illegal
The Chronicle's TRISHA THADANI: "The San Francisco Board of Supervisors unanimously passed the Caren Act Tuesday — a new law that makes it illegal for someone to call 911 with a false, racially charged complaint.
The name of the law — Caution Against Racially and Exploitative Non-Emergencies — is a play on the internet meme of “Karens,” which represent entitled white women complaining about people of color. The law, which must pass a second vote next week, would allow people to sue the 911 caller in civil court if they felt harassed or discriminated against by the action.
The legislation comes amid a national reckoning on race, and in a country still reeling from the Minneapolis police killing of George Floyd. It also comes as cities — such as San Francisco — re-examine how their police departments interact with people of color, and how such communities are disproportionately targeted by law enforcement."
California releases reopening guidance for theme parks, outdoor stadiums
Sac Bee's ANDREW SHEELER: "California public health officials released COVID-19 reopening guidelines for theme parks and stadiums on Tuesday, and it appears that major theme parks like Disneyland and Six Flags won’t be reopening any time soon.
While smaller theme parks, with a capacity of 15,000 people or fewer, will be allowed to resume operations in orange tier counties, larger theme parks won’t be able to reopen until the county reaches the yellow tier, Health and Human Services Secretary Mark Ghaly said in a press conference Tuesday.
The guidance states that smaller theme parks may reopen with limited capacity, each 25% or 500, whichever is fewer. Smaller theme parks may only open outdoor attractions, and ticket sales will be limited to visitors from the county where the theme park is located. Face masks will be required at all times, unless a person is eating or drinking, Ghaly said."
READ MORE related to Reopening/Lockdown: 5 California counties move tiers; update on sports, theme parks -- Sac Bee's MICHAEL MCGOUGH; SF public schools don't have a timeline for reopening. But pressure is building to plan for a return -- The Chronicle's JILL TUCKER
Napa winemakers are demanding looser restrictions after wildfires, pandemic scorch local tourism
The Chronicle's ESTHER MOBLEY: "Nine Napa Valley vintners are asking the county to ease restrictions on tasting rooms, claiming that their community needs more tourism in order to recover from the economic hardship of the pandemic and recent wildfires. Their request comes as one of the county’s temporary relief measures is about to expire.
The group, which calls itself Coalition Napa Valley, presented a letter to the county’s Board of Supervisors Tuesday afternoon asking for “emergency relief” measures, including lifting the by-appointment-only requirement for tasting rooms and allowing wineries to remain open to visitors until 7 p.m. They propose that these changes last until 2023.
“The pandemic and the double whammy of wildfires has put us in an unprecedented place,” said coalition member Harvest Duhig, who owns a vineyard and small wine label, Duhig Wines, with her husband. “We’re asking for flexibility.”"
Lowell High School will use lottery admission next year, SF school board decides
The Chronicle's JILL TUCKER: "San Francisco’s academically selective Lowell High School will admit students using a random lottery for next year’s freshman class, a decision made unanimously by the school board Tuesday after a divisive community debate.
Lowell has for decades admitted students based on a score that takes into account grade-point average and test results while setting aside a limited number of spots for qualified students from underrepresented schools, making it one of the best public high schools in the country.
Because of the pandemic, however, there are no letter grades available from the spring due to a switch to a pass/fail system after the pandemic forced schools to close. In addition, the state canceled standardized tests."
READ MORE related to Education: How close are SF schools to reopening? District officials unveil website with details -- The Chronicle's JILL TUCKER
Orionid meteor showers peak Wednesday night. Here's where to watch
LA Times's MARY FORGIONE: "Halley’s Comet was last seen in the U.S. in 1986 and won’t return until 2061. The Earth will pass through bits of the comet’s debris — which show up as meteors, or shooting stars, in the sky — best seen late Tuesday/early Wednesday morning.
“Step outside before sunrise ... and if you catch sight of a meteor, there’s about a 75% chance that it likely is a byproduct of Halley’s Comet,” according to Space.com."
READ MORE related to Air/Climate/Environment: In worrying sign, California's greenhouse gas emissions rise in latest tally -- The Chronicle's CHASE DIFELICIANTONIO
SoCal median home price up 15% in September, sales jump as well
LA Times's ANDREW KHOURI: "Southern California home sales and prices surged higher in September, the latest evidence of a hot housing market during the global COVID-19 pandemic.
The six-county region’s median price rose 15.3% from a year earlier to a record $612,750 last month, according to data released Wednesday by DQNews.
Sales soared 22.3%."
READ MORE related to Economy: Netflix's subscriber growth slows as streaming competition rises -- LA Times's WENDY LEE
How to prep for a Pandemic Halloween? Answers to your questions in Q&A Wednesday
Sac Bee's STAFF: "Halloween and Dia de Los Muertos are fast approaching, and we know there are questions about what is safe for celebrating. Are there ways to do trick-or-treating safely? Is a costume mask protective against COVID-19? Is it OK to have a party at my house since the virus rates are lower?
McClatchy newsrooms are planning a livestreamed digital event on October 21 with Dr. ChrisAnna Mink and Dr Danielle Johnson to answer some of your questions about safe, healthy and fun ways to celebrate. Dr Johnson is a clinical psychologist with The University of Kansas Health System and Dr. Mink is a pediatrician and infectious disease specialist who has been working with our newsrooms through the Report For America program.
If you have questions you would like Dr. Mink to answer, please email them to local@modbee.com."
How Google evolved from 'cuddly' start-up to antitrust target
AP's MICHAEL LIEDTKE: "In Google’s infancy, co-founders Larry Page and Sergey Brin reviled Microsoft Corp. as a technological bully that ruthlessly abused its dominance of the personal computer software market to choke off competition that could spawn better products.
Their disdain for Microsoft spurred Google to adopt “don’t be evil” as a corporate motto that remained its moral compass during its transition from a freewheeling start-up to a publicly traded company suddenly accountable to shareholders.
That pledge is now a distant memory as Google confronts an existential threat similar to what Microsoft once faced."
LA Police Commission clears officers in shooting of man with knife, but faults tactics
LA Times's KEVIN RECTOR: "The Los Angeles Police Commission ruled Tuesday that the fatal police shooting of 34-year-old Alex Flores Jr. as he charged at an LAPD officer with a kitchen knife in November was justified and within department policy, though they disapproved of the tactics used in the lead-up to the shooting.
The 4-0 ruling — which matched the findings of LAPD Chief Michel Moore — came during a closed portion of the commission’s virtual meeting Tuesday, after a public portion in which Flores’ sister and parents denounced the shooting as unnecessary and racist and called for the officer who opened fire to be prosecuted.
The shooting occurred shortly before 8:15 a.m. on Nov. 19 near East 28th Street and South Central Avenue after a witness reported seeing an agitated man walking with a knife down Central in an area where children were walking to school."
Oakland restricts locations where homeless encampments can set up
The Chronicle's SARAH RAVANI: "The Oakland City Council unanimously approved a controversial policy Tuesday that restricts homeless people living in encampments from sleeping in parks and near homes, businesses and schools but allows them to set up camp elsewhere.
Under the policy, city staff will not cite or arrest anyone for camping and will instead help with making sure people follow the rules.
Mayor Libby Schaaf applauded the City Council for passing the legislation and thanked city staff for “crafting a compassionate response to an unacceptable condition.”"
READ MORE related to Homelessness & Housing: SF looks to expand sanctioned tent sites as homelessness surges -- The Chronicle's TRISHA THADANI
Ex-Mexican defense chief arrested at LAX is denied bail on drug charges
AP: "A judge has denied bail to Mexico’s former defense secretary on charges of helping a cartel smuggle drugs into the U.S. in exchange for bribes, rejecting an argument that the retired general was not a flight risk because he was determined to exonerate himself.
“My client has every intention of wanting to clear his name,” Duane Lyons, the attorney for Salvador Cienfuegos Zepeda, said Tuesday. “He is a dedicated Mexican general who served his country honorably for a number of years, and, if he were to be released on bail and flee, his name and reputation would be ruined.”
U.S. District Judge Alexander MacKinnon in Los Angeles was unconvinced, saying the prospect that the 72-year-old defendant could spend the rest of his life in prison was a powerful incentive to flee."
Trump ups pressure on Barr to investigate Bidens as election nears
AP: "President Trump on Tuesday called on Atty. Gen. William Barr to immediately launch an investigation into unverified claims about Democratic presidential candidate Joe Biden and his son Hunter, effectively demanding that the Justice Department muddy his political opponent and abandon its historical resistance to getting involved in elections.
With just two weeks to go before election day, Trump for the first time explicitly called on Barr to investigate the Bidens and even pointed to the Nov. 3 election as the reason that Barr should not delay taking action. Trump has been leveling accusations of corruption against Biden without verified evidence for months but is stepping up the pressure in the final days of the campaign.
“We’ve got to get the attorney general to act,” Trump said in an interview on “Fox & Friends.” “He’s got to act, and he’s got to act fast. He’s got to appoint somebody. This is major corruption, and this has to be known about before the election.”"
READ MORE related to POTUS45: Despite tough talk on China, Trump spent years trying to land business projects there, report says -- AP; How Trump plowed through $1B, losing his campaign's cash advantage -- AP
Grand juror speaks after judge's ruling in Breonna Taylor case
AP: "A grand juror who won a court fight to speak publicly about the Breonna Taylor investigation took issue Tuesday with statements by Kentucky’s attorney general and said the jury was not given the option to consider charges connected to Taylor’s shooting death by police.
The anonymous grand juror had filed suit to speak publicly after Kentucky Atty. Gen. Daniel Cameron announced last month that no officers would be directly charged in the March shooting death of Taylor during a narcotics raid. The grand jury charged one officer with endangering her neighbors.
In a written statement after winning a judge’s permission to break silence in the case, the grand juror, who was not identified, said that only wanton endangerment charges were offered to jurors to consider against one officer. The grand jury asked questions about bringing other charges against the officers, “and the grand jury was told there would be none because the prosecutors didn’t feel they could make them stick,” the grand juror said."
Will Trumpism survive Trump? (COLUMN)
LA Times's DOYLE MCMANUS: "If President Trump somehow pulls off a come-from-behind victory on election day, his toxic vision for American politics — a divisive mix of economic conservatism, populist grievance and racial resentment — will be ratified for another four years.
But even if Trump loses, Trumpism is certain to survive as the reigning ideology of the Republican Party, at least for the short run.
A few Republicans have begun edging away, like Nebraska Sen. Ben Sasse, who denounced the president last week for “the way he kisses dictators’ butts … [and] flirted with white supremacists.”"
They once knew which lines not to cross. But Arab journalists say the lines are expanding
LA Times's NABIH BULOS: "One evening in late August, Emad Hajjaj, Jordan’s top editorial cartoonist, was driving back with his family from a day trip to the Dead Sea when police arrested him at a routine security checkpoint.
He assumed it was because of a previous traffic ticket. He was wrong.
More than 24 hours later, after being shuttled from one police station to the next, he appeared before a military tribunal. His charge? Disturbing peaceful relations with a friendly nation."
