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From the LA Times

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Manson follower Susan Atkins denied parole

September 2, 2009   For the second time in as many years, a state parole board voted Wednesday to deny one of Charles Manson's fiercest followers her request for a “compassionate release” from prison so she can die at home.

Convicted murderer Susan Atkins, 61, is terminally ill with cancer and has only months to live, doctors say. The issue of mercy has long dogged Atkins. Nearly 40 years ago, actress Sharon Tate begged the knife-wielding Atkins to spare her life and that of her unborn child.

“She asked me to let her baby live,” Atkins told parole officials in 1993. “I told her I didn't have mercy for her.”

On Wednesday night, the parole board meeting at the Central California Women's Facility in Chowchilla had little mercy for Atkins, who slept on a gurney for much of a hearing that began in the early afternoon.

The result was the same as last year when, despite the presence of a number of supporters and the approval of the prosecutor who put her behind bars, the 12-member California Board of Parole unanimously voted to deny Atkins' release.

Atkins is serving a life sentence for the slaying of 26-year-old Tate, who was 8 1/2 months pregnant, and musician Gary Hinman. She has served 38 years in prison, longer than any other female in California.

The victims' relatives and supporters opposed Atkins' release, saying she showed no mercy Aug. 9, 1969, when she and other young followers of Manson entered a hilltop Benedict Canyon mansion and murdered the five people.

A former topless dancer who used to sing in her church choir, Atkins was one of Manson's most loyal disciples. After fatally stabbing Tate, prosecutors said, Atkins tasted the actress' blood and used it to write "PIG" on the front door of the mansion.

During her trial, which took more than nine months, Atkins seemed to show no remorse and maintained utter devotion to Manson, whom she called "Jesus Christ," "the devil" and "the soul." During sentencing, she taunted the court, saying, "You'd best lock your doors and watch your own kids."

http://latimesblogs.latimes.com/lanow/

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Wife of Phillip Garrido largely a mystery

Police allege Nancy Garrido was a full partner in the kidnapping and rape of Jaycee Lee Dugard, while acquaintances describe her as being under her husband's control.

By Maura Dolan and Molly Hennessy-Fiske

September 3, 2009

Reporting from Antioch, Calif.

Nancy Garrido, tears running down her face, nodded as her husband confessed to a business acquaintance that angels were speaking to him and had helped him forswear his sexual compulsions.

The couple had barged into Maria Christenson's recycling shop in Pittsburg, and Nancy Garrido rested her hand on her husband's shoulder as he revealed his transformation.

"He kept saying he was a changed man," Christenson said. "And she kept nodding, it is true, it is true."

Although much is known about Garrido, his wife of almost 28 years remains largely a mystery. Acquaintances and family members have described her as being under her husband's control and a believer in his religious convictions.

Police insist Nancy Garrido, 54, was a full partner in her 58-year-old husband's alleged crimes, and she faces almost identical charges in the kidnapping and rape of Jaycee Lee Dugard.

In fact, for more than a month in 1993, authorities say, Nancy Garrido was apparently the sole jailer of the then-13-year-old Dugard while her husband was in prison for a parole violation.

The woman who allegedly grabbed Dugard as she walked the few blocks to her school bus stop 18 years ago told her lawyer that she loved Dugard and her daughters as "family."

She appeared to do much of the work at their home near Antioch and sometimes helped her husband in his printing business, though she stayed in the background.

Garrido, a nurse's assistant, is believed to have helped Dugard deliver the two babies that police say Phillip Garrido fathered.

Investigators have charged Nancy Garrido with nearly as many offenses as her husband. She faces two counts of rape, seven counts of forcible lewd acts and four counts of forcible rape in addition to the kidnapping charge.

Described as quiet, dour and dutiful, the former Nancy Bocanegra of Denver married her husband in 1981 at the U.S. penitentiary in Leavenworth, Kan., where he was serving a 50-year sentence for a 1976 kidnapping and rape. She is Garrido's second wife.

The couple reportedly met when she visited a relative at the prison, and they began exchanging letters.

Her attorney told television interviewers Wednesday that she misses Dugard and her daughters.

"What she said that I can tell you about is that there came a time when she felt they were a family, and she loved the girls very much, and she loved Jaycee very much," Gilbert Maines, Garrido's court-appointed lawyer, said on NBC's "Today."

He said her "state of mind" could become important to her defense.

"She's distraught. She's scared. She seems to be a little lost," said the lawyer, who did not respond to calls to his office.

"She doesn't seem to be able to really focus well at the moment," he said.

During her arraignment last week, Garrido looked exhausted, frequently crying into her hands.

Ted Cassman, a criminal defense lawyer not involved in the case, said any lawyer who claims Garrido was "brainwashed" will have a difficult time persuading a jury.

"I bet they are going to claim [her husband] was abusive, controlling and dominating and that she was under his spell," Cassman said. "But that is a really difficult defense. That is what Patty Hearst argued."

The charges against Garrido do not indicate whether police believe she participated directly in the sexual assaults or acted more as an accomplice.

Some female sexual abusers, known as "male-coerced" or "male-accompanied," engage in abuse after being introduced to it by a man, research shows.

These women tend to suffer from low self-esteem, antisocial behavior, poor social and anger management skills, fear of rejection, passivity and other mental problems.

By most accounts, Nancy Garrido was indeed passive.

Christenson, who did business with the couple for more than a decade, remembered that Nancy Garrido said little when she was in the shop and always deferred to her husband.

"She never was a happy-go-lucky person," Christenson said. "She always looked a little down."

It was in that meeting a year ago that Christenson said she saw Phillip Garrido's usual weirdness flare into something more intense.

"He kept saying, 'I am a changed man.' He said, 'I don't masturbate anymore.' "

In the semirural neighborhood near Antioch where the Garridos lived, many of the neighbors said they never saw Nancy Garrido. When her husband went out walking at night, he was usually alone, they said.

But Helen Boyer, 78, a retired cemetery manager, said Nancy Garrido moved into the ramshackle home before her husband, who apparently was still in prison.

She was caring for his ailing mother, Patricia Franzen, who owned the house.

Boyer said Nancy Garrido worked at local nursing homes, where Phillip Garrido did maintenance work.

"She took good care of her mother-in-law," Boyer said, describing her as a "good person."

Franzen was a retired maintenance worker for the Antioch school district, and Phillip was her favorite child, Boyer said. "That was her world," she said. "He really catered to her, he and Nancy both."

After Franzen could no longer walk, Nancy Garrido would push her wheelchair over to Boyer's white picket fence, where Franzen would praise her daughter-in-law, Boyer said.

Boyer said she knew Nancy Garrido was from Colorado, but she never saw any relatives or noticed the Garridos taking trips. She said she saw Dugard and her daughters but was told they were the children of a friend.

"Nancy worked hard out in that yard when she wasn't inside -- weeding, watering, mowing," Boyer said.

When Boyer recently adopted a cat, Nancy Garrido became enamored and the cat started to stay in her yard. When the elderly neighbor on the other side of the Garridos' house moved to a nursing home, the Garridos took in his dog, Boyer said.

"I really feel bad for Nancy," Boyer said. "I think he had her so brainwashed."

http://www.latimes.com/news/local/la-me-nancy-garrido3-2009sep03,0,3410390,print.story

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L.A. County sheriff moves to clear backlog of untested DNA evidence

Prodded by a county supervisor, Baca agrees to reshuffle his budget to pay for six additional analysts in his understaffed crime lab and to continue to outsource untested evidence to private labs.

By Joel Rubin

7:04 PM PDT, September 2, 2009

Under pressure from a Los Angeles County supervisor, Sheriff Lee Baca has agreed to allocate $3 million from his department's already battered budget to help clear a yawning backlog of untested DNA evidence collected after rapes and sexual assaults.

The funds will jump-start what has been an uneven effort by the Sheriff's Department over the last several months to deal with unanalyzed samples of blood, semen and other genetic material from nearly 4,700 cases that have long languished in storage freezers.

After the revelation earlier this summer that the department had run out of federal grant funds earmarked for the DNA tests and suspended testing for a month, county Supervisor Zev Yaroslavsky called Baca last month and asked to meet with him to discuss the issue, Yaroslavsky said in an interview.

"We were at a logjam," Yaroslavsky said. "It was a priority for the sheriff, but the testing was happening in fits and starts. We needed to have a strategy where we could move forward and identify these rapists who are walking the streets."

The two hammered out a spending plan that calls for Baca to reshuffle the agency's roughly $2.4-billion budget in order to free up the $3 million this fiscal year. Most of the money will be used to continue to outsource untested evidence to private laboratories, while $700,000 will pay for six additional analysts in the department's own crime lab. The understaffed lab has struggled to keep pace with the constant influx of new cases.

Steve Whitmore, Baca's spokesman, said the sheriff will decide in the coming weeks how to cobble together the funds. Faced with a huge budget shortfall, Baca already has been forced to eliminate dozens of positions in the department and has said he might have to close county jail facilities if forced to make more cuts.

In the next fiscal year, the plan calls for the county to find another $3 million from elsewhere in its $20-billion budget in order to continue the outsourcing and to add additional people to the crime lab if more staffers are needed.

If that happens, sheriff's officials said they were confident they would have enough funds to test evidence from the remaining backlog of 4,071 old cases in two years while also keeping pace with new cases.

Yaroslavsky said he was confident that other members of the Board of Supervisors would approve of the plan when it is presented at a meeting later this month.

http://www.latimes.com/news/local/la-me-sheriff3-2009sep03,0,5577653,print.story

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Holocaust museum shooting was planned, prosecutor says

James von Brunn was on a suicide mission and had plotted for months before he killed a guard at the U.S. Holocaust Memorial Museum, prosecutor says. The suspect asks the judge for a 'speedy trial.'

By Del Quentin Wilber

September 3, 2009

Reporting from Washington

The 89-year-old white supremacist accused of killing a guard at the U.S. Holocaust Memorial Museum in June had planned the attack for months and was on a suicide mission, a federal prosecutor said in court Wednesday.

The disclosure came during a brief hearing in Washington federal court during which the suspect, James von Brunn, spoke publicly for the first time since the June 10 shooting.

"The Constitution guarantees me a speedy and fair trial," Von Brunn said in a halting voice. Wearing a blue jail uniform, he appeared frail and sat quietly in a wheelchair.

Von Brunn is charged with first-degree murder, hate crimes and gun violations. He is accused of killing security guard Stephen T. Johns, 39, after Johns held open the door for him. Other guards returned fire, wounding Von Brunn in the head.

During the hearing, prosecutors urged U.S. District Judge Reggie Walton to detain Von Brunn pending trial. Walton granted the request.

For the first time, prosecutors also explained what they believe to be Von Brunn's motive. A longtime white supremacist, he wanted to "send a message to the Jewish community" that the Holocaust is a hoax, Assistant U.S. Atty. Nicole Waid said. "He wanted to be a martyr for his cause," she said.

According to e-mails and Von Brunn's writings, Waid said, investigators determined that the attack had been in the works for months. "This was a premeditated and planned plot," she said.

Waid declined to elaborate on the e-mails or to whom they were sent. Ben Friedman, a spokesman for the U.S. Attorney's office, declined to say whether anyone else knew about the plot. No one else has been charged in the shooting.

During the hearing, Waid said Von Brunn was on a suicide mission and did not think he would "come out alive." Before the attack, she said, Von Brunn completed his funeral plans and got his finances in order for relatives.

Waid said Von Brunn has no family or friends who would care for him if he was released. "This defendant has nothing to lose," she said. "If given a chance, there is no doubt he would try to kill again."

Waid noted that Von Brunn was sentenced to prison for trying to kidnap members of the Federal Reserve Board in 1981.

Waid said the June crime was extensively recorded, with security video showing Von Brunn leaving his car, a rifle at his side, and shooting Johns. It also shows other guards returning fire and wounding Von Brunn, and authorities removing the rifle from his hands, Waid said.

Von Brunn displayed emotion only a few times Wednesday. Once, he shook his head when his attorney, A.J. Kramer, asked the judge to order a mental competency exam.

As Kramer was explaining his request, Von Brunn exclaimed, "Your honor!"

Kramer bent down to whisper in his client's left ear. "He does not agree with this course of action," Kramer told Walton. "He is adamant that he wants a fair and speedy trial."

Von Brunn then spoke: "I'm a United States citizen, and as a U.S. naval officer I swore to protect my country. I take my vows very seriously."

Walton ordered that Von Brunn undergo a mental competency exam and deferred an arraignment until tests are completed.

He scheduled a hearing for Oct. 14.

http://www.latimes.com/news/nationworld/nation/la-na-holocaust3-2009sep03,0,7258729,print.story

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Opinion

Keeping at-risk kids out of jail -- it's an art

'Tough on crime' gang injunctions just funnel teens into jail. But one former gang member knows firsthand how a little care and attention can make a true difference.

By Luis J. Rodriguez

September 3, 2009

Forty years ago, I was a gang member and a tagger, an aerosol graffiti artist. No doubt this was vandalism -- my canvases were the walls of businesses, homes, schools, any public place.

I was just the sort of kid City Atty. Carmen Trutanich is targeting with his proposed civil injunction against taggers, a court order that would allow taggers to be arrested for merely hanging out together, an act that for most of us would be legal.

Now I am a homeowner, co-founder of a thriving cultural center and bookstore, a writer/poet with 14 published books and a gang intervention expert. I am a father, grandfather and law-abiding citizen. I invite you to listen to my story and judge whether the city attorney's injunction is right for Los Angeles.

At age 16, in 1970, I was a high school dropout and drug user. I had met a youth worker at the community center that served my East L.A.-area neighborhood. He saw something in me I couldn't see: an artist, a leader, a contributing member of the community. He offered me a deal -- if I returned to school, he'd help me get training and work as a muralist.

Who knows why I finally agreed -- for two years, I had told this guy to drop dead. But he never gave up on me. I learned mural painting at the old Goez Art Gallery on 1st Street. I had a mentor in Alicia Venegas. The youth worker persuaded the principal of the high school to let me come back, even though I had been kicked out for fighting when I was 15. I graduated. Then, from 1972 to 1973, I painted murals at the youth center, a local library branch and several businesses, the latter with 13 other gang members.

And yes, I was still in the gang, but now I had something more; I had found footing on new ground where seeds of change could take root. It wasn't easy. Between ages 15 and 18, I was arrested for rioting and attempted murder. I reached a crossroads at 18, when I faced a six-year prison sentence for resisting arrest and assaulting police officers.

The gang called to me, as did the heroin in my veins, but so did a radical healing path. I began heroin withdrawal in jail. I would go on to remove myself at great risk from gang warfare. But first I had to face the judgment of the court.

Fortunately for me, I lived in a different time than today. A plea deal was in front of the judge. He received letters of support from my community. He got reports about how I had finally obtained my high school diploma and about the murals I had painted. I had one foot in "the life" and another in transcendent possibilities. This judge somehow knew I could be pushed in one direction or another. He chose to keep me out of the state prison system, to allow me to walk out a free man with time served for a lesser offense.

He didn't just give me a second chance -- more like a fourth or fifth chance.

The onus, however, was on me to stay out. I made a personal vow -- I would not return to jail for any criminal act. That was 1973. I've kept that vow.

My story probably couldn't happen today. Injunctions and other "tough on crime" laws would force the system and the judge to put me away, maybe to this day.

At the same time, since 1973, the poorest L.A. communities have seen cuts in funding and resources for community centers, arts education, sports programs and cultural spaces. There are miles and miles of Los Angeles territory where you will not find a community bookstore, art gallery or decent recreation center. East L.A.'s murals are being destroyed, or they're left to fade in the sun.

The one option that keeps getting funding, however, is the worst one: In 1973, there were 15 prisons housing about 15,000 inmates in California. Today, there are 33 prisons with close to 153,000 prisoners. Los Angeles now has more than 40 different kinds of court-ordered gang injunctions -- about wearing certain clothes, being in certain parks. Do we really need one more way to incarcerate youngsters for doing something that for the rest of us isn't even a crime? We have so many ways to send young people to prison, and very few to keep them out. And we still have a terrible gang problem.

Like most Angelenos, I don't want any more vandalism, violence or drug wars. But I know this: In hard times, we need more imagination, more healing, more innovation, more grace. Another injunction is simply the wrong way to go.

At Tia Chucha's Centro Cultural & Bookstore in Sylmar, which I created with my wife, Trini, and others, we're bringing arts education and expression back to our neighborhoods because we know it can keep young people out of trouble. We've helped pay for two dozen former taggers to paint a mural of jungle animals in front of an elementary school. We've started programs in painting, Aztec dance, writing, theater and music for all ages. We host music, poetry and dance performances, and we bring in two to three schools a month, with the goal of putting a book in the hands of as many young people as possible.

All the research tells us that getting troubled kids involved in the arts is far less expensive and has longer-lasting positive results than punishing the art out of them. "Tough on crime" doesn't impress me -- I know it's tougher to care. Even LAPD Police Chief William Bratton has said we can't arrest our way out of this crisis.

Somebody cared for me about 40 years ago. Somebody stepped into my life with skills, knowledge, humanity and lots of prayers. It worked.

City Atty. Trutanich, you don't have to take my word for this. It shouldn't be hard to find out how a helping hand instead of another injunction can work for thousands of young people who can also transform their lives, given the proper framework and mentoring many of us are willing to provide.

Let's work together to keep young people out of prison instead of pushing more and more of them behind bars. Community regeneration can be a reality for all our neighborhoods -- not through injunctions, but injections of hope.

Luis J. Rodriguez is the author of "Always Running, La Vida Loca: Gang Days in L.A." and is working with other artists and arts advocates to establish a comprehensive arts policy for Los Angeles.

http://www.latimes.com/news/opinion/commentary/la-oe-rodriguezluis3-2009sep03,0,6882698,print.story

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Editorial

Latin America moves to decriminalize drugs

Latin American nations are taking a second look at prosecutions targeting personal use.

September 2, 2009

A panel led by former presidents of Brazil, Colombia and Mexico recommended a new paradigm for the war on drugs earlier this year, and now Latin America is heeding their advice. Mexico and Argentina have begun to relax penalties for possession of small quantities of illegal drugs, treating personal use as a victimless crime and husbanding resources for the fight against big-time narcotics traffickers in a global business that the United Nations values at more than $300 billion annually. This is a sensible strategy that Brazil and Ecuador apparently are poised to adopt; the Obama administration has prudently taken a wait-and-see approach to the changes.

Argentina's Supreme Court last week struck down a law that punished adults with up to two years in jail for marijuana possession, saying personal use is a private affair and that prison time is, therefore, unconstitutional in such cases. Adults are "responsible for making decisions freely about their desired lifestyle without state interference," the ruling said. "Private conduct is allowed unless it constitutes a real danger or causes damage to property or the rights of others." In response, the administration is preparing a law to decriminalize possession of small quantities of drugs while continuing to pursue producers and traffickers.

The Argentine decision came as Mexico decriminalized possession not only of marijuana but of major narcotics, including cocaine, heroin and methamphetamine. There, too, selling drugs is still a serious offense, and dealers face prison sentences.

Decriminalization of drugs for personal use eliminates a lucrative source of bribes for corrupt police officers. Critics on one side argue that anything short of full legalization will continue to fuel a hugely profitable illicit drug trade, while critics on the other side say any shift in the direction of legalization condones drug usage and sends the wrong message at a time when thousands are dying in the battles between and against drug cartels in Mexico. This page recognizes the problems of drug consumption in the U.S. and, increasingly, in Latin America, with 460,000 hard-core addicts in Mexico alone.

The Latin American Commission on Drugs and Democracy argues that drug consumption is best reduced through education and prevention rather than jail time, that drug addiction is best addressed as a public health problem through rehabilitation programs and that the big fight is against organized crime. For these nations, waging tough struggles with limited resources, it makes sense to shift law enforcement, courts and prisons away from small fry and concentrate instead on disrupting violent cartels.

http://www.latimes.com/news/opinion/la-ed-druglaws2-2009sep02,0,7723193,print.story

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From the PPL

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Bill may give cops more money to fight human trafficking

By Anna Tong and Bill Lindelof

California does an excellent job with firearms control at gun shows but some other states do not, a researcher at UC Davis reported today.

"California is an example that you can take the bad out of the gun business," said Dr. Garen Wintemute, director of the Violence Prevention Research program, citing the state's strict gun-buying laws and policing at gun shows.

Wintemute released a report today titled "Inside Guns Shows: What Goes on When Everybody Thinks Nobody's Watching," which includes hundreds of hidden-camera photographs and video taken at 78 guns shows in 19 states.

Wintemute stressed that the report was not quantitative, because it is solely based on personal observations. Additionally, the report's findings cannot be applied to all gun sales because proportion of gun sales nationwide that occur at gun shows is very small - between 5 and 10 percent.

The report concludes that all states should require private transactions to be subject to the requirements of a licensed dealer, similar to California laws.

This has implications for crime prevention because more than 85 percent of recovered crime guns have passed through a private party transaction, according to the report.

In California, all guns must be purchased through a licensed retailer, which requires submitting a lengthy form, submitting to a background check and a waiting period.

In 33 other states, it is legal to purchase a gun privately, where the only documentation is "cash, gun, and a handshake," said Wintemute. Additionally, law enforcement officers are present at almost all gun shows in California, while in other states there are almost never officers present, he said.

At California gun shows, Wintemute said he only observed two private transactions.

In other states, between one-third and half the transactions at gun shows are private, he estimated.

However, Wintemute said that California's strict regulations are not enough: Californians looking to buy guns privately only have to drive a few hours to out of state. In Arizona and Nevada gun shows, he said around 30 percent of license plates were from California, he observed.

The California Attorney General's office did not return a call for comment at the time of this posting.

http://www.sacbee.com/ourregion/story/2155573.html?mi_rss=Our%2520Region

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Police try to uphold 'need to know' rule

By Donna Leinwand, USA TODAY

After the murder of a Pensacola couple known for adopting disabled children, the local sheriff divulged details of the slaying in dozens of interviews and daily press conferences.

Five days after a mass murder in a Brunswick, Ga., mobile-home park, information is dribbling out from a police chief who declines to discuss the case.

Glynn County Police Chief Matt Doering hasn't held a press conference since Monday, when he conceded that the public may be frustrated with the lack of information about the deaths of eight people. "I understand your frustration, believe me," Doering said then. "We have to be very careful not to release those details that could jeopardize our investigation."

Law enforcement experts say police balance what the public needs to know against the dangers of tipping off a suspect and damaging the investigation and prosecution.

"Need to know is the standard — if there's information that will allow the public to take steps to protect themselves in an unsolved homicide with a suspect on the loose," says James Alan Fox, a criminologist at Northeastern University in Boston.

BACKGROUND: Police identify victims in Ga. mobile home slayings

Police withhold information strategically to weed out false confessions or determine if a suspect knows something about a crime that isn't public, Fox says. Police avoid releasing vague information, such as an incomplete suspect description, because it generates dead-end tips, he says.

Incorrect information made public early in an investigation can throw a case off course, Fox says. When Washington, D.C.- area police were chasing a sniper in 2002, they said they were looking for a white van, he notes. Later, the police learned the suspects drove a blue sedan.

Escambia County Sheriff David Morgan, whose department has arrested eight people in connection with the murders of Byrd and Melanie Billings in Pensacola, says police weigh potential harm to a case against public confidence when making disclosures.

"You have to reach out to the community to reassure them that your law enforcement agency is there, that you've taken charge of the scene and you're going to bring it to a successful resolution," Morgan says.

Releasing a photo of a suspect paid off in the Billings case, Morgan says. Within an hour, a tipster called police with the suspect's location. Still, he says, he withheld information to use when questioning suspects.

Revealing too much "lays a path of clues for the suspect about how the investigation is proceeding," says Jon Shane, a professor at John Jay College of Criminal Justice in New York and a retired Newark, N.J., police captain. "The suspect can read the clues and change his strategy."

http://www.usatoday.com/news/nation/2009-09-02-mobile-home-police_N.htm