~~~~~~~~~~~~~~~~~~~~~~~

From LA Times

~~~~~~~~~~~~~~~~~~~~~~~

Grim forecast warns of mudslides in burn areas

If enough rain falls, some flows could contain enough debris to cover a football field with about 60 feet of mud and rock, and could reach far into communities along the San Gabriel Mountains.

By Tony Barboza and Alexandra Zavis

October 7, 2009

The U.S. Geological Survey on Tuesday issued a grim forecast for foothill communities hit by the Station fire, saying major mudslides are highly likely during the winter rain season.

Scientists identified Pacoima Canyon, Big Tujunga Canyon, the Arroyo Seco, the West Fork of the San Gabriel River and Devils Canyon as being at particular risk. In those areas, the report said there was an 80% likelihood of flows. Under certain conditions, some flows could contain up to 100,000 cubic yards of debris -- enough to cover a football field with mud and rock about 60 feet deep.

Under the worst-case scenario, in which there would be 12 hours of gentle, sustained rain, the report said thick flows of soil, rocks and vegetation could stream downhill into neighborhoods as far south as Foothill Boulevard in such communities as La Cañada Flintridge and La Crescenta.

"Some of the areas burned by the Station fire show the highest likelihood for big debris flows that I've ever seen," said Susan Cannon, a USGS research geologist and one of the authors of the emergency assessment . Cannon has been studying debris flows after fires for 11 years.

The Station fire burned 250 square miles in August and September, leaving hillsides barren. There is little vegetation left to prevent water, sediment, rocks and branches from rushing down toward thousands of homes when it rains.

The much-anticipated report, which includes maps depicting the potential paths of destruction, gave communities along the fire-ravaged areas of the San Gabriel Mountains an early and frightening look at what might happen when a heavy rainstorm pounds the area.

"We are very seriously worried," said La Cañada Flintridge Mayor Laura Olhasso. "It's highly possible that some of the homes that were saved from fire will be lost to mud."

Federal geologists used computer models to estimate the likelihood of debris flows in 678 drainage basins in the burned area, as well as how voluminous the material might be and where it might go.

They based their projections on the steepness of the slopes, the extent and severity of the fire, soil characteristics and possible rainfall. The assessment posed two scenarios -- a three-hour, high-intensity thunderstorm, and a 12-hour, gentle rainstorm -- and found high probabilities that each would cause large debris flows in neighborhoods that front the San Gabriels.

If drainage basins in the mountains fill up, Cannon said, debris could stream into neighborhoods.

Triggered by rainfall, debris flows can travel faster than a grown person can run. The rushing water, soil and rocks can destroy bridges, roads and buildings, and seriously injure or kill people in the way.

The goal of the assessment, officials said, is to help guide state and local planners as they work to protect lives and property in the storm season. Foothill communities are beginning to set up sandbags and concrete barriers to divert any mud flows into the streets and away from homes.

The Los Angeles County Department of Public Works has been preparing for the winter storm season for the last month, said spokesman Bob Spencer.

"A lot of this is part of our normal preparation, but because of the devastation caused by the fire, that effort has been increased this year, particularly on the public outreach side," Spencer said.

The county oversees an elaborate flood-control system, which includes 14 major dams, about 500 miles of open channels and 3,000 miles of storm drains. Maintenance crews are clearing out 28 basins, which trap debris in the burn areas before storm flows reach neighborhoods, and are expanding eight of them, Spencer said.

The Public Works Department has organized meetings in many of the 23 communities bordering the Angeles National Forest to advise residents about the danger of debris flows and has set up a website to provide news, advice and forecasts from all the agencies involved: www.dpwcare.org . The department is also dispatching engineers to assess the risk to individual homes and draw up plans to protect them. About 350 of these plans have already been presented to property owners, Spencer said.

But in some cases, where homes directly front blackened hillsides, there is little that can be done.

"We have a couple homes where the county told the property owner, 'Put plywood over your windows and just leave,' " Olhasso said. "The one thing that residents need to understand is that if they have this plan, they need to put it in place now; it can't wait until the 24-hour forecast for rain. By then it could be too late."

The USGS and the National Weather Service have collaborated on a debris flow early warning system, and city officials are preparing evacuation routes and route closures for when the rains come. La Cañada Flintridge is also revamping its reverse 911 alert system to call residents' cellphones and personal digital assistants, in addition to their home numbers.

In Big Tujunga Canyon, residents still struggling to clear piles of debris and ash from homes destroyed in the Station fire said they fear there is worse to come.

"There's nothing to hold that back," said Bronwen Aker, pointing to the charred slope behind her red cabin, inherited from her grandmother, in the canyon community of Vogel Flats. "It's going to come down; it's not a maybe."

Last week, representatives of the USGS showed residents footage from the debris flows that followed a series of brush fires in the San Bernardino Mountains in 2003. On Christmas Day that year, a flash flood hit a campsite near a burn area, killing 14 members of a church group.

"It was devastating" to watch, said Adi Ell-Ad, who lost his Vogel Flats home in the Station fire. "The fires might be over, but our problems have just begun."

After the meeting, he and other community members decided that they could not afford to wait for authorities to put in flood control measures. Based on the advice of a county engineer, they figure they need at least 35,000 sandbags to protect their homes and are looking for volunteers and sponsors to help them organize a "sandbag filling day."

Ell-Ad is hopeful the sandbags will work, "if we don't get that much debris flow."

"If it's overwhelming," he said, "then nothing will stop it."

http://www.latimes.com/news/local/la-me-mudslide-risk7-2009oct07,0,4435982,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LAPD officers charged with perjury

Three officers are accused of lying under oath in a drug-possession case after defense attorneys show a video that contradicts their testimony. Formal perjury charges against officers are rare.

By Jack Leonard and Joel Rubin

October 7, 2009

Three Los Angeles police officers were charged with perjury and conspiracy Tuesday for allegedly lying under oath in a drug-possession case that was dismissed last year when a videotape sharply contradicted their testimony.

The felony charges mark the most serious allegations of police perjury in Los Angeles since the Los Angeles Police Department's Rampart scandal about a decade ago.

Prosecutors allege in court documents that two officers falsely testified during the trial that they saw a suspect throw an object that split open to reveal crack and powder cocaine. They said they immediately recovered the drugs. A third officer is accused of falsely claiming in an earlier court hearing that he did not help his two colleagues search for the drugs.

The drug trial ended dramatically when a defense attorney produced grainy surveillance video of the area shortly after the arrest took place. The quality of the tape, a copy of which was obtained by The Times, is poor but shows a group of officers searching for more than 20 minutes before one announces that drugs have been found.

It is difficult to hear what is being said, but at one point an officer seems to make a reference to the arrest report that needed to be filled out.

"Be creative in your writing," the officer appears to tell another after the drugs are found.

"Oh yeah, don't worry, sin duda [no doubt]," is the reply.

After viewing the video, a judge took the unusual step of declaring the defendant to be "factually innocent."

"This is very, very disturbing," said John Mack, president of the L.A. Police Commission, the civilian panel that oversees the department. "We expect LAPD officers to possess the highest integrity and certainly we expect them to be truthful. This is frankly a black mark."

Chief William J. Bratton called the allegations "as serious a charge as you can levy against officers," but said he was confident that it was an isolated incident.

He and Mack said sweeping reforms in the wake of the department's Rampart scandal, in which dozens of officers were accused of serious misconduct, including perjury and evidence-tampering, had made it much more difficult for officers to engage in such behavior.

"This is not something that we sweep under the rug," Bratton said. "When we find it, we deal with it."

Attorneys for the accused officers said their clients would fight the charges and noted that portions of the video appear to have been edited. The footage, which comes from an apartment complex managed by the suspect's mother, also begins after his arrest.

"Once again, Los Angeles is going to be subjected to the sad spectacle of officers unfairly charged because the video camera goes on either too early, too late or is edited," said attorney Ira Salzman, who represents one of the officers. "We don't know how it was edited. And if the video was turned on earlier, it would have presented a completely different view of the case."

The drug charges rested almost entirely on the word of the police officers.

Officers Richard Amio and Evan Samuel testified that they were on patrol in East Hollywood on July 6, 2007, when they recognized Guillermo Alarcon, a suspected gang member, standing on the sidewalk outside his apartment.

As they shined their car's spotlight at him, they said, Alarcon fled down a walkway. The officers chased him into the apartment building's carport. There, they testified, they saw Alarcon throw a black box -- which turned out to be a key holder -- toward a trash bin.

"As it hit the Dumpster, I observed that once it landed on the floor it cracked open," Amio told jurors.

During his testimony, Amio was asked whether it took about 20 minutes to find the drugs. "No," he replied, with a laugh. Samuel gave a similar account.

The officers said Samuel picked up the box. Inside, they said, he found 12 bindles of powder cocaine and two rocks of crack cocaine, a total street value of about $260.

Under cross-examination, Samuel and Amio denied that the key holder had been found by Officer Manuel Ortiz and that it had to be pried open. The questioning climaxed when Alarcon's attorney asked Amio: "Are you aware of a video and audio recording that completely contradicts what you have testified to today?"

"No, sir," Amio replied.

The video starts shortly after Alarcon was detained in the carport. Officers had seen Alarcon close the door to a nearby laundry room. The video shows the officers spending roughly 15 minutes looking for someone to unlock the door to the room.

The video does not show who found the drugs. But more than five minutes after the door is opened, it shows a group of officers huddled together talking about trying to open a container. An officer appears to say, "Manny found that."

After viewing the tape, prosecutors said they believed about 13 seconds of audio had been edited out. Nevertheless, they asked a judge to dismiss the charges against Alarcon.

Allegations of police officers testifying falsely are hardly unusual in criminal cases, but perjury charges against officers are rare. Prosecutors and others note that defense attorneys and defendants have a vested interest in portraying police as untruthful.

To file a criminal case, prosecutors must believe that someone intentionally lied rather than simply made a mistake and that any lie could have affected the outcome of a case.

"Perjury charges are rare against anyone, and rare against police officers," said Sergio Gonzalez, the L.A. County deputy district attorney who oversees the unit that prosecutes police officers.

Gonzalez could recall only one case in recent years in which an on-duty police officer was charged with lying in court. Alarcon's defense attorney, Deputy Public Defender Victor Acevedo, said he was gratified that charges were filed.

"When you have a police officer who comes to court and lies under oath . . . how much confidence can you have that this is somebody who should be wearing a badge and carrying a gun?" Acevedo said.

All three officers were charged with conspiracy. Ortiz, a nine-year veteran, also faces one count of perjury. Amio, who joined the department in 2002, is charged with two counts of perjury. Both are on administrative leave pending the outcome of an internal affairs investigation.

Samuel, who joined the LAPD in 2002 and left for the Chino Police Department in 2008, faces four counts of perjury. He was fired while on probation in Chino two weeks after The Times reported on Alarcon's case.

The FBI also launched an investigation into the allegations last year.

http://www.latimes.com/news/local/la-me-lapd-perjury7-2009oct07,0,4269348,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lancaster woman arrested for alleged attempted murder, child neglect

Alyna Gutierrez showed up at an Antelope Valley hospital Sept. 30 saying that she had a miscarriage at her home and had flushed the remains down the toilet, the Los Angeles County Sheriff's Department said.

While Gutierrez was at the hospital, her mother found a newborn girl in her daughter's apartment.

Montebello police looking for witnesses in fatal hit-and-run incident

Youth denies he filed criminal complaint against coach so he could transfer

A former basketball player who has accused the former Compton Dominguez High boys basketball coach of making unwanted sexual advances denied Tuesday that he was motivated to file a criminal complaint because he wanted to transfer and get more playing time at another school.

The teenager, considered a key prosecution witness in the criminal case against former coach Russell Otis, concluded his testimony Tuesday.

"You told [Otis], 'All you got to do is sign these papers and that will be the end of it?'" defense attorney Leonard Levine asked the witness, now 17. 

"I was talking about the papers to leave the school," he answered, distinguishing that those documents were different than hardship paperwork required by the California Interscholastic Federation Southern Section to obtain athletic eligibility at a new school, which was also accomplished.

Otis, 47, who was fired pending appeal, is charged with making unwanted advances on a minor and theft for using an alleged forged document to deposit into his own account a $15,000 check from team sponsor Nike Inc. made out to Compton Unified School District.

Levine told the Los Angeles County Superior Court jury in Compton that the hardship waiver coincided with a law enforcement investigation of the contact between the former player and Otis.

Prosecutors on Monday introduced 109 pages of the hundreds of text messages exchanged between the coach and player in the month before and after the alleged incident on the late night of Aug. 30, 2008.

The former player testified that Otis set up the meeting by saying he was bringing over money for the player to spend on clothing. The pair allegedly met outside the player's home, and the witness testified that Otis offered him $1,500 dollars if he would allow an "experiment" to see if the coach could get the teenager sexually aroused.

Levine questioned the witness about what he knew of the coach's acquittal in 2001 on oral copulation and sodomy charges and a "multimillion-dollar lawsuit" that followed another former player's allegations.

The witness testified that he heard about the case from his grandmother.

Levine also questioned why he attended a championship ring ceremony with other Dominguez players and Otis at Compton City Hall more than two weeks after the alleged incident.

He testified that he wanted his ring.

http://latimesblogs.latimes.com/lanow/2009/10/youth-denies-he-filed-criminal-complaint-against-coach-so-he-could-transfer.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Big Picture

Patrick Goldstein on the collision of entertainment, media and pop culture

Is Hollywood really a hotbed of support for Roman Polanski?

With all the studio hirings and firings in the last 24 hours, I've been too busy to revisit until now one of the most wonderfully bizarre twists in the Roman Polanski case. For days on end, I've been reading stories everywhere about how the Hollywood elite has rushed to Polanski's defense, saying he should be released from custody in Switzerland, seemingly glossing over that in 1977 he gave a 13-year-old girl champagne and a Quaalude and had sex with her.

There is no disagreement about the sex. But I take issue with all the stories -- including this latest one from Wall Street Journal critic Terry Teachout -- that claim Hollywood's support of Polanski is evidence of just how out of touch the movie industry is with the rest of the world. Teachout bashes all of the "Hollywood celebrities" who have rushed to Polanski's defense, starting with Harvey Weinstein, who was quoted in a story in my paper, describing Polanski's vile conduct as a "so-called crime." Teachout rattles off the names of a host of filmmakers -- including Woody Allen, Jonathan Demme, Sam Mendes, Mike Nichols and Martin Scorsese -- who signed an international petition that "demands the immediate release of Roman Polanski."

There's only one problem: All of those filmmakers, along with Harvey Weinstein, live far, far away from Hollywood and, with occasional exceptions, make their movies outside of Hollywood as well. If you look up the rest of the names on the best-known petition  in circulation, it is filled with the names of foreign filmmakers, writers and actors -- including the likes of Pedro Almodovar, Wong Kar Wai, Alfonso Cuaron, Isabelle Adjani and Salman Rushdie -- who also rarely set foot in Hollywood. If critics like Teachout want to claim that high-brow artists and writers have rushed to Polanski's defense, fair enough. But to say that Hollywood is in his corner, as part of a political argument that Hollywood is a liberal elite woefully ignorant of mainstream values, is just hogwash.

There's no petition going around with the names of the real Hollywood elite -- A-list filmmakers and studio chiefs like Steven Spielberg, Alan Horn, James Cameron, Amy Pascal, Jerry Bruckheimer, Brian Grazer, Tom Rothman, J.J. Abrams, John Lasseter or Michael Bay -- because the real Hollywood elite isn't supporting Polanski. In fact, they haven't offered the slightest hint of backing for Polanski. It's only European and New York-based artists, who clearly see the world in a very different light than the real Hollywood elite.

To that point, I'd like to let you read a lively essay from screenwriter Josh Olson, who's best known for earning an Oscar nomination for his script for "A History of Violence." In this essay, which he wrote for The Times, he makes some of the same points I've just made but in a much more personal, not to mention entertaining, fashion. He even takes the paper to task for some of our coverage . And while I think we've done an outstanding job of covering the Polanski story, I think we're always open to constructive criticism. So look at what Olson has to say -- he certainly doesn't pull any punches. Keep Reading:

The other day the Times ran a story titled “In Roman Polanski case, is it Hollywood vs. Middle America?” by John Horn and Tina Daunt. In that Mr. Horn and Ms. Daunt seem to believe that Hollywood exists as a monolithic entity, let me answer for Hollywood.  No. It's not. And thank you for asking. Sadly, I suspect that that isn't the answer they were looking for. They state that “Hollywood is rallying behind the fugitive filmmaker.” Well, speaking as someone who actually lives and works right in the heart of the city and the business, I can assure you that this isn't even remotely true. 

Their entire argument rests on just three things -- an incredibly poorly conceived off-the-cuff comment by Whoopi Goldberg, a petition that Harvey Weinstein is circulating, and that there isn't a great hue and cry from Hollywood demanding that Polanski be brought to justice. I cannot speak to Ms. Goldberg's painfully unfortunate comment, except to say that I have no doubt she didn't mean it to come out quite the way it did. As for the lack of a hue and cry, I'm not entirely sure what we're supposed to do.

I cannot pretend, as some have, to have spent the last thirty years gnashing my teeth at the fiend Polanski's escape from justice, but neither can I pretend to be outraged that a convicted criminal who fled prosecution has been caught. Perhaps I missed the meeting where these things were explained, but it just never occurred to me that I was supposed to stage a rally when something happened that doesn't bother, interest or affect me in the least.

Melissa Silverstein is quoted as saying, "I think people are afraid to talk in Hollywood. They are afraid about their next job." Well, she's half right. We're all scared about our next job. That's the nature of the business. You never know where the next paycheck is coming from. What we are NOT, however, is sitting around fretting about whether or not Roman Polanski will be displeased with us if we publicly state that we think raping children is a bad thing.

As a rule, when I read the news that a fugitive from justice has been caught, my standard response is to think, “How nice,” and turn the page. If it's a particularly interesting story, I might tell my girlfriend about it, but until this moment it never occurred to me that I was supposed to alert the media as to my feelings on the subject. It's hard enough keeping up with all the injustice in the world. Now we have to stand up and shout every time it goes the way it's supposed to? No offense to Ms. Silverstein, but some of us have jobs.

Then there's Jonathan Kuntz, who's quoted as believing “the local reaction may be a version of the ‘there, but for the grace of God, go I.'" Well, again, no, but thank you for the extremely ugly insinuation, and when DID you stop beating your wife, Mr. Kuntz? Does it occur to ANY of these people that we're not all sitting around in a clubhouse smoking crack, patting each other on the back and hoping not to get caught molesting children?

But there's still the elephant in the room -- the petition . (There are actually TWO petitions, but they're both making the same point.) The major thrust of the article -- that Hollywood is completely out of touch with mainstream America, that we're rallying behind Polanski, that we're all a bunch of sex-crazed degenerates eager to deflower your sons and daughters pretty much rests on these petitions.

In fact, it's those petitions that seem to be fueling all the rage around this issue right now. Because some people have expressed support for Polanski, it's assumed the rest of us agree, else we'd have come up with our own petition. All those Hollywood types defending that awful man, and no one standing up for the other side. It's shameful.

The problem is, it all collapses if you actually look at the petitions. So Mr. Hollywood here did just that. I took a little time off from burning flags and pushing crack to schoolchildren and did the damn work, which is more than any of the people flogging this story can claim. I do things like that from time to time, particularly when I'm being confronted with assertions that fly in the face of all reason, and especially when those assertions imply that I'm some kind of moral deviant.

Between the two petitions, there are approximately 650 signatures. Of those 650, I noted everyone who could conceivably be considered a member of the Hollywood community. My rule was, basically, if you've done substantive and recognizable work for a Hollywood studio in the last four decades, you get counted. I guarantee you, some of these people would not be thrilled to be labeled Hollywood players, but I'm trying to be accommodating to the opposition here.

You know what I was left with? You know how many of those 650 people I was able to fit into a box labeled Hollywood?  Thirty-six names.

The Times refers to some of the people who signed the petition by name, and it's the same names I've read in similar pieces the last day or so. They cite Martin Scorsese, David Lynch, Michael Mann, Mike Nichols, Woody Allen and Neil Jordan. Well, yes. Those gentlemen do seem to be on the list. The implication, of course, is that that's a representative sampling of the petition signers. It's not. It's not even representative of the thirty-six.

There are maybe eight more names on the list that come close to the level of fame and achievement those folks enjoy. The rest of the names ... well, if you're a hard-core movie fan, as I am, you'll probably recognize most of them. But we're talking foreign actors and directors who've done a small handful of American films, a couple mid-level producers, some writers and directors who have, as far as I know, been retired for decades, a composer or two, and others of that nature. Not exactly an overwhelming mountain of support.

Nonetheless, the Times describes the signers as “More than 100 industry leaders and prominent authors." This is a profoundly deceptive statement, bordering on being an outright lie. Obviously, you're meant to interpret that the industry being led is Hollywood, but at most, there are fifteen names on the list that could possibly be defined as industry leaders, and that's being generous. Hell, there aren't even 100 Americans on the list. And if there's an industry leader among Patrick Braoudé, Dominique Crevecoeur, Jean-Yves Chalangeas, Didier Martiny, Petter Skavlan, Alejandra Norambuena Skira, or Zdzicho Augustyniak, then it is some other country's industry, and I'm not entirely sure that industry is film. 

Worse, this deceptive statement has been picked up and is spreading. At least one internet “news” source mangled it into “Over 100 Hollywood Celebs Sign Petition for Roman Polanski Release,” which isn't even deceptive. It's a ridiculous and bald-faced lie. But please, don't take my word for it. The links to the petitions are below, and I urge you to take the time to do what I did.

But however you slice it, thirty six names... hell, I'll spot you ten to compensate for my own ineptitude. FORTY six names of people who've worked in Hollywood is not the same thing as Hollywood, even if they all march in a straight line and speak in unison. It's standard procedure for the entertainment media to engage in monolithic thinking. They do it every year at the Oscars, and it's always fun to read what message we were sending via the Oscars when, really, we were all just voting for the work we thought was best, just like everyone else who watched at home with friends and wagered a buck each.

But if you HAVE to try to read some sort of monolithic movement into this petition, you might want to take it up with the French, because there's hundreds of them on there. There's also a significant number of Spanish petitioners. (You might want to take into account that the age of consent in Spain is 13 before you drag out the pitchforks and torches, though.) But as far as Hollywood's concerned, we're not rallying behind anyone, and it sure would be nice if folks could find a way of discussing this issue without creating ridiculous and childish caricatures of people who have nothing whatsoever to do with it.

Towards the end of the piece, we're treated to this jaw-dropping bit of whimsy: “it's almost impossible to find anyone publicly condemning Polanski.” I'm compelled to point out that it's not entirely easy finding people who support him, either. It's so hard, in fact, that you have to do some serious number-fudging to make it look like you found any at all. And I have to wonder, did you ASK anyone? Because, as I said earlier, alerting the media that you don't have a problem with a fugitive from justice being caught is not exactly normal behavior. That nobody does it is hardly evidence that everyone supports crime.

In the next day or so, there will be all sorts of petitions flying around town from people in response to this article, and all the other poorly reasoned anti-Hollywood rants that have arisen from this situation. Countless of my fellow filmmakers will attest to the fact that they think Polanski should be brought to America to face his punishment. It will make some difference, I'm sure, but the damage has been done. The stupid questions have already been asked, and cannot be un-asked. Anyone who doesn't sign these petitions will now be suspect to all the lazy reporters, internet bloggers, conservative mouthpieces, and talk radio mouth-breathers who are so up in arms.

But some of us won't sign the damn thing, because if we accede to the ludicrous demand that we sign petitions stating that it's a good thing when wanted criminals are brought to justice, the next thing they'll demand is that we take loyalty oaths. I don't need to see Melissa Silverstein, Jonathan Kuntz or, frankly, ANYONE sign a petition telling me that they disapprove of molesting children. I don't need them to swear under oath that they think it's good for a fugitive from justice to be hauled in. I'll take it on faith, because I assume that, in spite of their penchant for drama and their apparent need to demonize people they know nothing about, they're mostly decent people.

It'd be lovely if they'd grant the same courtesy to me.

http://latimesblogs.latimes.com/the_big_picture/2009/10/is-hollywood-really-a-hotbed-of-support-for-roman-polanski.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Ruckus on Air India flight involves pilots, cabin crew

The plane's crew members duke it out in full view of passengers. At least one media report says the pilots were well out of their seats, though the airline says the cockpit was always manned.

By Mark Magnier

October 7, 2009

Reporting from New Delhi

The sight of airline cabin crews trying to mollify enraged passengers has become all too common. But a recent Air India flight added a twist when crew members mid-flight started punching each other in front of startled passengers.

Accounts of what happened differ now that everyone's back on the ground. Exactly who started the brawl and why got a bit lost in the clouds, though one flight attendant has accused a crew member of trying to molest her.

What no one disputes is that with New Delhi-bound Flight IC-844 cruising at 30,000 feet over Pakistan around 4 a.m. Saturday, the cockpit and cabin crews broke into fisticuffs. The ruckus spilled from the cockpit into the galley area in full view of the 106 passengers, prompting the pilot to threaten an emergency landing in Karachi, the commercial capital of India's longtime adversary.

The flight managed to stay on course from the United Arab Emirates to the Indian city of Lucknow and then Delhi.

The pilot and chief purser will probably stay on terra firma for a while following their suspension Tuesday by Air India pending an investigation into the fight and allegations of sexual harassment.

"What a scandal, man," said A.J.S. Walia, a former Indian vice air marshal, now head of Sikorsky Aircraft's Indian operation. "What an immature act on everyone's part."

With regulators, analysts and the media fretting over the safety implications, the flag carrier quickly sought to reassure the public that the cockpit was never unmanned. At least one media report suggested, however, that both pilots were well out of their seats during the melee.

Police are probing alleged "assault or use of criminal force against a woman with intent to outrage her modesty."

A spat started at Sharjah airport in the United Arab Emirates during a preflight check, according to Indian media, official statements and information leaked from an ongoing investigation.

Based on flight attendant Komal's version -- the 24-year-old provided only her first name -- her takeoff announcement angered flight commander Ranbeer Arora, who called her into the cockpit and, along with copilot Aditya Chopra, sharply criticized her, making her feel "uncomfortable as a woman."

Komal said she left the cockpit and explained to flight purser Amit Khanna what had happened. The two were then called back into the cockpit, Komal told reporters, at which point the pilots became aggressive and pushed her out, bruising her and leaving the purser and pilots to go at it.

Another flight attendant, Chhavi Jaggarwal, said in a statement that Arora hit Komal and that the two pilots used abusive language and appeared livid that Komal hadn't greeted them respectfully.

"She was totally shaken up and was crying and she had bruises on her hand as if she was manhandled," Jaggarwal said. "Even [business-class] passengers were standing and observing everything."

In his version, the flight commander said he queried Komal about her tardiness in completing various procedures. A few minutes later, purser Khanna banged aggressively on the cockpit door, entered and used "un-parliamentary language." When copilot Chopra rose to evict Khanna, Arora said, the copilot was manhandled by Khanna, leaving Chopra's lips bloody.

Whatever the details, the pilots would have been badly distracted, experts said. Furthermore, the incident took place around dawn when the body's circadian rhythms tend to be at a low point.

"The commander should never have compromised safety," said Sajed Mumtaz, a former Air India trainer and flight supervisor. "You wait and handle these problems on the ground."

The incident reflects a long-standing divide between cockpit and flight crews. "Since time immemorial, pilots have always been highhanded," said Bhavna Tiwari, a longtime flight attendant and now a teacher at the Frankfinn Institute of Air Hostess Training in New Delhi.

That said, the captain is boss, she added. And even if a flight attendant feels sexually harassed, she can back away or file a complaint with the union.

"This whole incident was a bit weird," Tiwari said.

"I see things from the flight attendant's perspective, but it's essential to remain professional."

Several aviation experts said they couldn't remember a similar case of aircrew rage. The closest recent incident may have been in October 2008, when the heir to the French fashion house Hermes, Mathias Guerrand-Hermes, allegedly grabbed at an Air France pilot's crotch in an apparently drunken midair attack.

Air India, a former monopoly with an aging fleet and a poor on-time record, has struggled in recent years to compete with lower-cost private airlines.

Saturday's fight came a few days after the government stepped in to halt a four-day pilots strike, nixing the carrier's bid to cut the wages of many of its 32,000 workers -- twice the staff needed, by some accounts -- in an attempt to pare its $3 billion in accumulated losses.

"This airline is a disgrace. They've ground it into the ground," said Madhu Kishwar, head of a women's advocacy group, who had just canceled her ticket to New York. "I think this airline should die, and I'm doing my small part to make it happen."

State-owned Air India, which some critics have dubbed a white elephant, has had several mishaps over the years. India badly needs an independent regulator and safety board, said safety expert Mohan Ranganathan, a former Air India pilot.

In the mid-1980s, a disgruntled flight crew whose two members weren't talking failed to deploy their aircraft's landing gear on arrival in Kolkata. No one was killed. Their licenses were revoked, Ranganathan said, but political connections and threats of a lawsuit saw them reinstated.

In June 2008, Air India flight IC-162 from Dubai, United Arab Emirates, overshot the Mumbai airport by 45 miles after its pilots fell asleep. The "nap in the sky" ended when air traffic controllers jolted the pair awake by causing a loud buzzer to go off in the cockpit.

This year, an Air India flight narrowly missed colliding with the president's helicopter at the Mumbai airport.

Incidents such as these make some fear the airline may be complacent.

"They've been very lucky not to have a fatal incident since 2000," when a pilot approaching the Patna airport lost control and crashed, killing 55 on board and five on the ground, Ranganathan said. "This gives them a false sense of security. I think they almost need another fatal crash to wake up."

http://www.latimes.com/news/nationworld/world/la-fg-cockpit-brawl7-2009oct07,0,1830615,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Deputy L.A. mayor tapped to lead DWP

S. David Freeman, the mayor's environment czar, would earn $6,250 a week at the utility even as it pays former general manager H. David Nahai $6,282 a week in a controversial contracting agreement.

By David Zahniser

8:20 PM PDT, October 6, 2009

The panel that oversees the Los Angeles Department of Water and Power voted Tuesday to name Deputy Mayor S. David Freeman interim general manager, paying him $6,250 per week at the same time the agency retains its recently departed top executive as a consultant.

The commission, whose members are appointed by Mayor Antonio Villaraigosa, voted 3 to 0 to hire Freeman starting Tuesday. Meanwhile, the agency will pay former General Manager H. David Nahai, who announced his resignation Friday, $6,282 per week.

Nahai's three-month contract drew strong words from City Councilman Dennis Zine, who introduced a proposal calling for DWP officials to explain their actions to the council. Zine said it was "absolutely absurd" to pay two executive salaries in such difficult economic times.

Under the proposed agreement, Nahai would be on call for DWP officials at his current salary through Dec. 31, earning nearly $82,000.

Nahai has not responded to requests for comment since Friday, when he announced he was taking a job with the Clinton Climate Initiative.

Commission president Lee Kanon Alpert defended the consulting contract, saying such agreements are typical in large agencies. But he amended comments he had made about his role in shaping the proposal earlier this week, saying during Tuesday's meeting that he did not come up with the idea of keeping Nahai as a consultant.

"This is not a Lee Alpert decision," he said.

Those comments only added to the mystery surrounding the consulting plan. On Monday, the mayor's office described the Nahai contract as a decision for the commission. Today, Alpert said the commission had no power to negotiate or vote on the contract. He said the contract had been brought to his attention but did not say by whom.

After Freeman's appointment, Villaraigosa released a statement saying he had every confidence that the interim general manager would conduct a "cost-cutting review" of the DWP. Freeman has been earning a $148,161 salary as deputy mayor in charge of the DWP and environmental issues. That would be suspended while he is at the DWP, where he will earn $325,000 annually.

Tuesday's vote marks a return to the DWP for Freeman, who ran the utility from 1997 to 2001.

In an interview, Villaraigosa said he had not reviewed the Nahai contract. "I have to assume that if they're offering a contract like that, it must be for services rendered," he said.

The proposal has raised the ire of DWP critics, including one who told the commission that the contract is "outrageous" at a time when other city agencies are facing cuts. "The timing of this couldn't be worse," said resident Monica Harmon. "I don't know how you can rationalize this when everyone else is being asked to sacrifice."

http://www.latimes.com/news/science/environment/la-me-dwp7-2009oct07,0,2284850,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Judge expunges Mel Gibson's drunk-driving conviction

The actor, who did not appear for the brief hearing in Malibu, was eligible to have the conviction expunged after completing the terms of his probation.

By Richard Winton

October 7, 2009

The cameras were rolling, but actor and director Mel Gibson was nowhere to be seen at the Malibu courthouse Tuesday.

In a brief hearing held at the Oscar winner's request, a judge agreed to expunge Gibson's drunk-driving conviction. The initial arrest made headlines when the star was reported to have made anti-Semitic comments to a Los Angeles County sheriff's deputy.

"He does not appear to be on any sort of probation or facing any similar charges," Judge Lawrence J. Mira said as a videographer for a celebrity news website taped the proceeding. "So I will grant the petition and sign the order." Mira noted that the charge is "still valid for gun control purposes."

Like most first-time drunk-driving offenders, Gibson, 53, was eligible to have his conviction expunged after completing the terms of his probation. Those terms included attending Alcoholics Anonymous meetings, appearing in public service announcements and paying $1,300 in fines. Neither Gibson nor his attorney was required to appear.

The sheriff's deputy stopped Gibson in July 2006 on Pacific Coast Highway after the actor was spotted driving his Lexus sedan at more than 85 mph. A Breathalyzer test showed Gibson's blood-alcohol level to be 0.12%; the legal limit for driving is 0.08%. A Sheriff's Department spokesman initially described the arrest as having occurred "without incident."

But after the celebrity website TMZ.com obtained the arrest report detailing Gibson's profane outbursts, his alleged attempt to escape custody and repeated threats against the arresting deputy, critics charged that the actor had received special treatment from authorities.

In his initial report, Deputy James Mee described how Gibson "bolted" from custody and how he chased the actor back to Gibson's car and handcuffed him.

In addition, the report detailed repeated threats against Mee made by Gibson, who said he "owned Malibu" and would "get even" with the deputy.

The report also detailed Gibson's "barrage of anti-Semitic remarks," in which he said, "The Jews are responsible for all the wars in the world" before asking the deputy, who is Jewish: "Are you a Jew?"

http://www.latimes.com/news/local/la-me-gibson7-2009oct07,0,6866508,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

City of South Gate settles officers' suits for $18 million

A group of 16 officers alleged that they faced racial discrimination and harassment after the ouster of a Latino police official in 2002.

By Victoria Kim

7:54 PM PDT, October 6, 2009

The city of South Gate has paid out $18 million to settle lawsuits filed by a group of officers who said they faced racially-motivated discrimination, harassment and retaliation in the aftermath of the ouster of a Latino police official in 2002, the officers' attorney said Tuesday.

Sixteen police officers filed suits against South Gate, a working-class, predominantly Latino city with an annual budget of about $100 million, alleging that they were subjected to racial slurs and false internal affairs investigations, unfairly disciplined, and passed up for promotions. Many said they were discriminated because of their association with Rick Lopez, a former acting police chief.

The settlements, the last of which was finalized Tuesday, include the claims of four officers who won a $10.4-million jury verdict in 2007 and former Assistant Chief Mark Van Holt, who was awarded $4.2 million by a jury in a retaliation suit against the city. Those verdicts were challenged on appeal by the city and settled for undisclosed amounts that are part of the $18 million, said Bradley Gage, the officers' attorney.

Some of the officers said they were blacklisted and harassed for testifying at the 2007 trial.

At the time of the verdict in that case, city representatives said the Police Department's employment practices had since been revamped, and that more minorities were being hired and promoted.

City spokeswoman Nellie Cobos said Tuesday that she could not confirm the total amount paid to the officers, saying only that the latest settlement was for $7 million.

"We're pleased to bring closure, and to start a new beginning," she said.

According to the plaintiffs' lawsuits, the alleged harassment stemmed from a political scandal that roiled the city beginning in 2001, when the City Council appointed Lopez, then the police chief of Maywood, to head South Gate's police force. The appointment led to a recall of council members and the eventual ouster of Lopez and two deputies.

Lopez's departure came amid criticism of his annual salary and compensation, and concerns over his links with then-city treasurer Albert Robles, who was later sentenced to 10 years in federal prison for stealing public funds.

The officers -- who are Latino, black and Caucasian -- said they were threatened and harassed by the department's leaders in a racially charged environment following the political turmoil. The jury in the 2007 trial rejected the argument that the officers were discriminated against because of their race, but agreed that they were discriminated against because of Lopez's race and national origin.

Gage told the judge at a hearing Tuesday that the sum of the settlement had already been paid into a trust account by the city's insurer. The settlement is the maximum covered under the city's policy and will not come out of city funds, Gage said.

http://www.latimes.com/news/local/la-me-southgate7-2009oct07,0,5121275,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Swiss refuse to release Polanski from custody

The Justice Ministry says there is a high probability that the director would flee before he could be extradited to the U.S.

The Associated Press

5:36 AM PDT, October 6, 2009

BERN, Switzerland

The Swiss Justice Ministry says it has rejected an appeal from Roman Polanski to be released from prison pending his possible extradition to the United States.

Ministry spokesman Folco Galli said today that the government maintains there is a high risk that Polanski might flee if released from custody.

The appeal is separate from a court case Polanski's legal team filed last week that also seeks the 76-year-old director's freedom.

Polanski was arrested Sept. 26 as he arrived in Zurich to receive an award from a film festival.

U.S. authorities want the director extradited for having sex in 1977 with a 13-year-old girl.

http://www.latimes.com/news/local/la-mew-polanski7-2009oct07,0,5313286,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Supreme Court weighs free speech vs. animal cruelty

Justices ponder the possibility of a 'Human Sacrifice Channel' in a case involving a man who sold videos of pit bulls fighting. Some fear reviving a law against such films could lead to its misuse.

By David G. Savage

October 7, 2009

Reporting from Washington

Could the government outlaw a hypothetical "Human Sacrifice Channel" on cable TV?

That question became the focus of a Supreme Court argument Tuesday on the reach of the 1st Amendment and whether Congress can outlaw videos showing dogs fighting or other small animals being tortured and killed.

Last year, a federal appeals court, citing freedom of speech, struck down a law against selling videos with scenes of animal cruelty.

The law applied only to illegal acts of torturing or killing animals, not legal hunting or fishing. It was intended to dry up the underground market in so-called crush videos, which show squealing animals being stomped by women in high heels. More recently, it has been used to prosecute people who sell videos of pit bulls and other dogs fighting.

On Tuesday, most of the justices sounded wary of reviving the law, fearing it might be used to ban depictions of legal activities such as hunting.

Justice Antonin Scalia, an avid hunter, insisted the 1st Amendment does not allow the government to limit speech and expression, unless it involves sex or obscenity.

"It's not up to the government to tell us what are our worst instincts," Scalia said.

He repeatedly cited Adolf Hitler and his policies of extermination, asking, "Can you keep him off the screen" just because his deeds were vile?

Justice Samuel A. Alito Jr. garnered the attention of his colleagues with a series of questions on whether videos portraying humans being killed would be protected as free speech.

Describing a hypothetical scenario, Alito said there might well be a "pay per view" market for programs made outside the United States and beyond the power of U.S. law that showed people actually being killed. He called it the "Human Sacrifice Channel" and wondered aloud whether Congress could outlaw the showing of such programs in this country.

"Live. Pay-per-view, you know, on the Human Sacrifice Channel. That's OK?" Alito asked.

A lawyer defending a Virginia man who sold dog-fighting videos said she wasn't sure.

"The fact conduct is repulsive or offensive does not mean we automatically ban the speech," said Patricia Millett, the lawyer for Robert Stevens.

She said the 1st Amendment usually protects speech and expression, even if the underlying conduct is ugly or illegal. She said the government should work to stop the illegal acts rather than make it a crime to show the illegal acts.

Several members of the court pressed her.

"I'm still looking for an answer," said Chief Justice John G. Roberts Jr. "You are unwilling to say that Congress can pass a law that you cannot have a Human Sacrifice Channel?"

Justice Ruth Bader Ginsburg mentioned "snuff films" and said they raise the same issue.

For much of the hour, the government's lawyer, Deputy Solicitor General Neal Katyal, struggled to convince the justices that the law targeted only crush and dog-fighting videos.

Stevens was convicted of selling three videos that contained scenes of pit bulls fighting in Japan, where the activity is legal.

By the arguments' end, the justices seemed to be weighing several possibilities.

One was to narrow the reach of the law to focus only on crush videos. A second would be to uphold the law as written, but make it clear that moviemakers, photographers and others had a right to challenge its use against legitimate work portraying animals. A third possibility was to rule the entire law unconstitutional because it infringed too much on the 1st Amendment.

A ruling in the case, U.S. vs. Stevens, is not expected for several months.

http://www.latimes.com/news/nationworld/nation/la-na-court-cruelty7-2009oct07,0,4040469,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

U.S. plans to overhaul how immigrants are detained

Homeland Security Secretary Janet Napolitano proposes, among other reform ideas, holding nonviolent immigrants in minimum-security facilities.

By Anna Gorman

October 7, 2009

Nonviolent immigrant detainees could be held in converted hotels, nursing homes or placed in electronic ankle bracelets for monitoring as part of a series of reforms planned for the nation's detention system, Department of Homeland Security officials said Tuesday.

The moves would help overhaul a system that houses an average of 32,000 detainees every day across the country and has been criticized as having unsafe and inhumane conditions. Some of the detainees include women and children.

"This is a system that encompasses many different types of detainees, not all of whom need to be held in prison-like circumstances or jail-like circumstances, which not only may be unnecessary but more expensive," Homeland Security Secretary Janet Napolitano said.

The department plans to build two detention centers, including one in California. Napolitano said some detainees had violent pasts and needed to be securely detained, but others were asylum-seekers with no records and should be held at facilities "commensurate with the risks that they present."

In August, John Morton, assistant secretary for Homeland Security, pledged to create a more centralized system that increased government oversight and accountability.

The department began reviewing more than 350 contracts with jails, state prisons and private facilities with plans to centralize the management of the contracts. Officials also are doubling the number of personnel to monitor the facilities that hold more than 80% of detainees and are developing an online system to help families find relatives in the system.

In addition, the controversial T. Don Hutto Family Residential Facility in Texas has been converted to hold only women.

Some of the proposed changes are expected to reduce costs for Immigration and Customs Enforcement, which has a nearly $2.5-billion annual budget for detention and deportation. For example, alternatives to detention cost $14 per day, while detention can cost more than $100, officials said.

Napolitano will submit a plan to Congress this fall on electronic monitoring and other types of supervision. She said the department would ensure that those released on electronic monitoring showed up to court and had their cases decided in a timely way.

Judy Rabinovitz, deputy director of the American Civil Liberties Union's Immigrants' Rights Project, said she was pleased that the Obama administration was making improvements. But she said the government should reassess whether everyone arrested for an immigration violation should be detained at all.

"It's obviously encouraging that the administration seems to be taking seriously the immigration detention system and how it needs an overhaul," she said. "But it's not simply about where people are detained. It's about how they ended up in detention and why they are staying there."

The ACLU also expressed concern that healthcare in detention centers would remain inadequate and that nonemergency services would still be denied. Critics say the detention system lacks medical care that could have prevented dozens of deaths since 2003.

Napolitano said the department planned to create a system to better identify medical and mental health issues and to help manage care.

Immigrant rights advocates want the federal government to make detention standards legally binding so immigrants can have family visits, recreation time and legal materials.

The reforms primarily come out of a 35-page report by Dora Schriro, who has since left the department.

http://www.latimes.com/news/nationworld/nation/la-na-immig-detain7-2009oct07,0,2181274,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Anna Nicole Smith was questioned in alleged murder plot, files say

An FBI agent says she was investigated in 2000 and 2001 in the alleged plot targeting her her tycoon husband's son, whom she was battling for the family fortune. She denied any involvement, and no evidence is detailed.

The Associated Press

4:28 AM PDT, October 7, 2009

MIAMI

The FBI investigated whether Anna Nicole Smith was part of a plot to kill her tycoon husband's son, whom she was battling for his late dad's fortune, but prosecutors ultimately decided there wasn't enough evidence to charge the Playboy Playmate, who died in 2007 from a drug overdose, newly released files show.

Smith's FBI records, obtained exclusively by the Associated Press, say the agency investigated Smith in 2000 and 2001 in a murder-for-hire plot targeting E. Pierce Marshall, who was at the center of a long legal fight to keep the starlet, model and stripper from collecting his father's oil wealth, valued in the hundreds of millions. The younger Marshall has since died.

The documents released under the Freedom of Information Act depict an investigation going on as the fight raged over J. Howard Marshall II's estate. Vast sections of the 100 pages of released materials -- a fraction of Smith's full FBI file -- are whited out, and no evidence of her involvement in such a plot is detailed.

There is no indication how authorities became aware of the alleged scheme, but agents interviewed Smith on July 3, 2000. When told why she was being questioned, "Smith began crying and denied ever making such plans," a report said.

"Smith adamantly denied ever contemplating such a crime," an agent wrote, and prosecutors eventually agreed the case could not go forward. An April 26, 2001, letter to the FBI from Sally Meloch, an assistant U.S. attorney, said she reviewed the reports but "determined that there is insufficient evidence to establish that there was a murder-for-hire plot by Ms. Smith to kill Pierce Marshall."

Reached at her Los Angeles office on Tuesday, Meloch didn't recall the case, but said, "Any investigations that we didn't proceed with, we couldn't comment on anyway."

An attorney for Smith's estate, Kent Richland, was surprised by the allegations.

"I have not heard anything about that," he said.

An attorney for the Marshall estate, including for the younger Marshall's widow, said he couldn't immediately comment.

Smith was 26 when she wed the 89-year-old Marshall, owner of Great Northern Oil Co., whose wealth was estimated by Forbes to be $550 million in 1992. They met while she was a topless dancer at a Texas strip club.

He died of natural causes in 1995, little more than a year after they wed. His son died in 2006 at age 67 of an infection and Smith died a year later at age 39 after collapsing in her South Florida hotel room.

The FBI files show a .357 Smith and Wesson revolver was confiscated from Smith's home, along with a 31/2-inch stainless-steel knife and, for reasons that were not explained, a black and orange hat described as "Dr. Seuss." All three objects were returned to her about seven months later.

The FBI reviewed tape recordings of phone calls involving Smith during their investigation, though transcripts were not included in the released materials. Among the things that were included were agents' scribblings in spiral-bound notebooks, accounts of Smith's past arrests for drunken driving and battery, and an interview of the younger Marshall.

In that June 27, 2000 interview, Marshall said Smith rarely spent time with his father after their 1994 marriage and said his father complained that she asked for $50,000 to $60,000 twice a week.

Smith's lawyer and companion Howard K. Stern and two doctors, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich, are charged in California with helping the model obtain drugs that ultimately killed her. All have pleaded not guilty.

The dispute between Smith and the Marshall estate has bounced around courts for years.

The Supreme Court ruled unanimously in 2006 that Smith could pursue her late husband's fortune, overturning an appellate decision, which continues to be fought in California. The money became a factor after Smith's death, too, with Stern, her mother, and another boyfriend all fighting over an estate that ultimately will go to her daughter, who is now 3.

Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

http://www.latimes.com/news/nationworld/nation/la-naw-anna-nicole8-2009oct08,0,5973169,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial

The Mojave cross case

Will the Supreme Court stand up for the 1st Amendment?

6:24 PM PDT, October 6, 2009

Christian crosses and other religious symbols are common sights in a military cemetery, and appropriately so. But the U.S. Supreme Court will be asked today to approve a war memorial in California's Mojave National Preserve that consists entirely of an 8-foot-high cross. It would offend the 1st Amendment if the court endorsed this discriminatory display in a public space. Even worse would be a broad decision opening the way for other such displays.

In 1934, the Veterans of Foreign Wars erected a cross along with a plaque commemorating the "Dead of All Wars" on an outcrop called Sunrise Rock. In 1999, the National Park Service rejected a request to place a Buddhist shrine near the cross. In 2001, a former National Parks Service employee, a Catholic, filed suit, claiming that the cross violated the 1st Amendment's ban on establishment of religion. In order to evade a court order, Congress voted in 2003 to transfer control of the land on which the cross stood to the VFW in exchange for another parcel.

According to the U.S. Justice Department, that maneuver removes any constitutional problem. Solicitor General Elena Kagan also argues that Frank Buono, the former park service employee who complained about the cross, lacks standing to bring a lawsuit because he hasn't been subjected to "unwelcome religious exercises, indirect coercion or exclusion from the political community." Neither objection is persuasive. The administration takes a narrow view of standing that would put some unconstitutional displays beyond legal challenge. As for Congress' land swap, because the cross will be situated in what the appeals court called a "little donut hole" in a vast tract of land, an observer would have a hard time distinguishing public from private.

This case poses an even greater danger to the 1st Amendment. The court has seesawed confusingly on the constitutionality of religious displays on public property. In separate 5-4 decisions on the same day in 2005, it struck down the posting of the Ten Commandments in courthouses in Kentucky but upheld a Ten Commandments monument on the grounds of the Texas Capitol. Stephen G. Breyer, the only justice to vote for both results, wrote that the latter monument was permissible because it had stood on public land for 40 years without protest. That loose standard could be used to justify the Mojave cross.

In both of the 2005 cases, Justice Sandra Day O'Connor voted to strike down the displays. Her replacement, Justice Samuel A. Alito Jr., seems less supportive of the idea of a wall of separation between church and state. If Breyer and Justice Anthony M. Kennedy -- a swing vote in religion cases -- don't stand up for the 1st Amendment, this case could blow a gaping hole in that wall.

http://www.latimes.com/news/opinion/editorials/la-ed-cross7-2009oct07,0,1263882,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Editorial

Who's got the power at DWP?

As its departing chief, H. David Nahai, cashes in a very generous severance package, L.A. customers may continue to pay for an internal struggle between the utility and its electricians union.

5:57 PM PDT, October 6, 2009

'Nothing's going on here," Board of Water and Power Commissioners President Lee Kanon Alpert insisted at Tuesday's meeting, sounding woefully similar to a certain Wizard urging Dorothy and friends not to peek behind the curtain. Alpert's intent was to convince onlookers that there was nothing nefarious about plans by the Department of Water and Power to pay its outgoing chief, H. David Nahai, his full salary through the end of the year in exchange for "consulting" services. After all, Alpert said, smaller city departments have made similar deals with departing executives for even longer terms.

But just because it's common doesn't make it right. The DWP's stated justification for paying Nahai, who is leaving to join former President Clinton's Climate Initiative, nearly $82,000 by Dec. 31 is that his institutional knowledge is needed during the transition to a new chief. Left unmentioned is that the department's interim chief will be S. David Freeman, who was managing federal energy policy when Nahai was in grade school and ran the DWP from 1997 to 2001. The idea that Freeman needs advice from Nahai, who was criticized for his inexperience when he was appointed to head the DWP less than two years ago, is laughable.

Although Nahai clearly doesn't deserve a handsome payout to just go away, we still think he handled himself well in a difficult and highly politicized job. His lukewarm support for Measure B, a flawed initiative on the March ballot, attracted the ire of its architect -- Brian D'Arcy, the head of the DWP's powerful electricians union. A key aim of Measure B was to ensure that large-scale solar energy projects in L.A. would be owned by the DWP and thus built and maintained by union members. The initiative, which was defeated in March, was also heavily backed by Mayor Antonio Villaraigosa, who receives generous contributions from D'Arcy's union.

The Measure B kerfuffle is part of a larger struggle at the DWP. Villaraigosa has mandated that the utility get 20% of its power from renewable sources by 2010. Nahai was intent on meeting that goal, in large part by signing contracts with private generators outside Los Angeles. That led to conflict with the union, which wants that green development for itself.

Nahai may be leaving, but that conflict will remain. And although we're not opposed to good-paying green jobs as the city updates its energy infrastructure, what's good for the DWP's 8,000 union electricians isn't necessarily what's good for its 1.4 million customers or for the environment. To his credit, Nahai seems to know that. We're not sure Villaraigosa does -- or if he cares.

http://www.latimes.com/news/opinion/editorials/la-ed-nahai7-2009oct07,0,1029303,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the Daily News

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Some on council blast Nahai deal

Calling it a ridiculous waste of taxpayer money, some City Council members on Tuesday geared up for a political fight against a DWP plan to grant newly resigned General Manager David Nahai a generous consulting contract.

The Department of Water and Power's board wants to hire Nahai as an "on-call" consultant and pay him his full salary through the end of the year, amounting to about $70,000.

"This is more than comical," City Councilman Dennis Zine said. "Here we are putting city workers on furlough, talking about reducing cop hiring, asking people to conserve water, and then we're talking about squandering thousands of dollars on this man."

The Los Angeles Board of Water and Power Commissioners voted Tuesday to temporarily replace Nahai with Deputy Mayor David Freeman at Nahai's annual salary of $325,000.

City Council members Tony Cardenas and Greig Smith also questioned the consultant contract, saying it was not necessary with an experienced hand like Freeman at the helm.

"There is no question (Nahai) is valuable, no question he is knowledgeable. But why do we need to pay him when we have someone who is capable?" said Cardenas, who serves on the council's Energy and Environment Committee that oversees the DWP.

Critics of the Nahai contract see it as a golden handshake for yet another top city official. As more questions were raised about the deal Tuesday, DWP officials appeared to distance themselves from it.

Commission President Lee K. Alpert - an Encino attorney who on Monday said he had proposed the deal to ensure a smooth transition at the nation's largest utility - said Tuesday that it wasn't his idea. Still, he said he wanted the public to know about it.

"I ordered this put on the agenda in the interests of transparency," Alpert said. "I do agree that we need to be able to consult with Mr. Nahai. He served as general manager for two years, as commission president for a year and a commissioner.

"I'm sure there are private negotiations and meetings he had as general manager that we will need to consult on."

Alpert said the contract would put Nahai on call through Dec. 31 to consult with Freeman or other DWP officials.

It was unclear if the contract with Nahai was already in effect. Alpert said it was signed by the general manager's office, under the authority to sign contracts up to $150,000 without commission approval.

But Interim Acting General Manager Raman Raj said he had not signed it.

Zine said he wanted an explanation of what was going on at the agency and that he wanted the City Attorney's Office to look at possible changes in city law to give the City Council more authority to review consulting contracts.

When the Energy and Environment Committee meets in two weeks, Zine said council members will learn from city counsel whether they have the power to block Nahai's contract.

"It would be one thing if we fired him, but he resigned. If we need his expertise, let's pay him by the hour," Zine said. "To spend all this money when we have Dave Freeman coming in, seems ridiculous to me."

Mayor Antonio Villaraigosa had no comment on Nahai's contract, but voiced confidence in the appointment of Freeman.

"I have every confidence that he will lead the Department of Water and Power during this transition period," Villaraigosa said.

Nahai stepped down from his post Thursday after months of contentious relations with the Board of Water and Power Commissioners. Nahai, 56, was lauded for expanding the city's renewable energy portfolio, by investing in wind farms and solar power facilities. But he drew public wrath for a water-rationing plan that restricted outdoor irrigation and for a spate of embarrassing water main breaks that have flooded various parts of the city in recent months.

DWP Commissioners Alpert, Thomas Sayles and Jonathan Parfrey voted to appoint Freeman to temporarily head the DWP. Commissioner Forescee Hogan-Rowles abstained and Commissioner Edith Ramirez was absent.

For Freeman, it is a return to the agency he headed from 1997 to 2001, when he was appointed by former Mayor Richard Riordan.

Councilman Smith said it was precisely Freeman's experience running the massive utility that raised questions about the Nahai contract.

"I think we need to look at (Nahai's contract)," Smith said. "At first blush, it makes sense, but we have David Freeman coming in, so you have to ask, Why do we need this?"

http://www.dailynews.com/news/ci_13501462

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Embracing the spirit of giving

One teaches the developmentally disabled how to use public transportation and buy groceries.

Another volunteered at a community fall festival and called reliable friends to help out when the event became overwhelmed with patrons.

A third leapt to the front of a martial arts class to teach when the sensei became ill, and he kept the group karate-chopping for weeks.

The three were among 13 local residents who were honored Tuesday night for their selfless work at park centers in Los Angeles County, at the eighth annual Parks Celebration hosted by the Venice-based nonprofit People for Parks.

"I wasn't expecting to get the award," said Raul Domrique, a West Ranch High School freshman who phoned friends to help out last year at a busy fall festival at Val Verde Park. "I was helping out of true kindness. I didn't know it would lead up to this."

City and county staffers choose the honorees, selecting from people nominated by peers, supervisors and visitors to city and county parks and recreation centers. The city and county co-sponsor the event with People for Parks.

Honorees received mounted plaques and jackets at the celebration dinner held Tuesday night at the Los Angeles River Center.

Amy Poehler, the quirky blond comedian who stars in the NBC sitcom "Parks and Recreation," also received an award for putting a funny face on public service.

Other nominees - such as Jaime Eichenbaum, who has worked with the developmentally disabled in North Hollywood for 35 years - received awards for the hard work they've put into the community.

A director at the city's Valley Therapeutic Recreation Center, Eichenbaum helps operate programs that serve 600 people each month, from adult day care to teaching time- and money-management.

The center organizes several wheelchair sport programs, from basketball to football, and mentors hundreds of college students seeking careers in therapeutic recreation, Eichenbaum said.

Once a year, the center holds a bowling tournament that could, for example, have a blind person bowling against a person with a developmental disability. Eichenbaum said the event gives bowlers the opportunity to participate in an actual tournament and has little to do with their disabilities.

"Our people are seen as people first - and that's what we want to do with the community," said Eichenbaum, from Palmdale. "We've come a long way, but I think we still have a very long way to go."

Matthew Molloy, a 13-year-old brown belt from Castaic, is receiving the award for stepping up in karate class at the Castaic Regional Sports Complex when his sensei fell ill, leading the twice-weekly class in instruction for several weeks.

Teaching up to 12 students from kindergarten to fifth grade, Molloy showed them basic self-defense techniques, such as maneuvering out of grabs and defending themselves if attacked at school, he said.

Students learned how to strike with their elbows, give low kicks and other defensive moves to protect themselves.

"If they know that they can defend themselves, they won't hesitate or be afraid," Molloy said. "They won't likely start a fight themselves, because they know that fighting should only be a last resort."

http://www.dailynews.com/news/ci_13501459

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Greuel-Trutanich dispute drags on

In what has devolved into a soap opera with no resolution in sight, a Superior Court judge on Tuesday put off for a month the issue of a proposed settlement in the suit between the offices of city attorney and city controller.

Judge Mark Mooney set a hearing for Nov. 10 to give City Attorney Carmen Trutanich and Controller Wendy Greuel more time to figure out who represents her and who can decide on a settlement offer with an attorney hired by former Controller Laura Chick.

Greuel appeared in court representing herself, saying she had not been able to get the legal representation offered by Trutanich.

But Trutanich's office said the request for representation came in only on Monday and the question of whether a deputy city attorney or another outside attorney should be hired to represent Greuel remained open.

"This is ridiculous," Greuel said after the hearing. "My only interest is in dismissing this lawsuit. I shouldn't have to hire another attorney and it's ludicrous to think the City Attorney's Office can represent me in a case against the City Attorney's Office."

Deputy City Attorney Valerie Flores, however, said the city has procedures to provide an attorney for the Controller's Office - procedures that Chick did not follow.

Also, Flores argued the dispute was with Chick in her capacity as controller in issuing subpoenas to deputy city attorneys. Greuel has argued the legal action was against the Controller's Office. Greuel said the subpoenas were formally dismissed a year ago by Chick and no further action is necessary on her part.

The dispute began in early 2008 between Chick and then-City Attorney Rocky Delgadillo, when he filed suit to block her efforts to subpoena aides for a performance audit on the workers' compensation program.

Chick hired private attorney Fred Woocher to represent her in court. Mooney issued a tentative ruling in favor of the City Attorney's Office, but gave both sides time to try to work out an agreement.

Since both Chick and Delgadillo have been termed out of office, the new officials - Greuel and Trutanich - inherited the dispute, but both have drawn hard lines.

Greuel wants Trutanich to drop the suit. Trutanich wants Woocher to reduce his bills - now estimated at $200,000.

The City Council last week suggested an $80,000 payment to Woocher, but it was unclear if it was officially offered as well as asking Greuel to sever her relationship with the attorney.

Mooney, who has been urging both sides to settle the suit without him having to enter a verdict, urged them to continue to talk to try to work out all the complications and return next month.

http://www.dailynews.com/news/ci_13498732

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

County gets $3.87 million windfall thanks to unclaimed funds

Los Angeles County will be adding $3.87 million to its general fund, thanks to homeowners who overpaid property taxes between 2000 and 2004 and failed to claim the difference, officials said Tuesday.

Officials were able to refund 75 percent of all overpayments or double payments during the four-year period, but unclaimed overpayments will now be put into the county's general fund.

Employees in the office of the Treasurer and Tax Collector try to contact those making overpayments and sends notifications to the taxpayer on record. But if the overpayments go unclaimed for four years, the funds revert to the county.

The unclaimed funds represent less than a tenth of 1 percent of all tax payments received during the period.

http://www.dailynews.com/news/ci_13498675

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

City: Don't feed the wildlife at Griffith Park

Concerned about coyotes, a City Council committee on Tuesday directed the Animal Services Department to improve enforcement of a ban on feeding wildlife in Griffith Park.

"We don't want a repeat of the incident where eight coyotes were euthanized after two people were bitten over the course of a four-month period at the end of summer," said Councilman Tom LaBonge, chair of the Arts, Parks, Health and Aging Committee.

The panel directed the department to review current protocols and fines, and consider putting up additional signage and installing more trash bins that cannot be opened by wildlife.

"We need to make sure the public knows never to feed a wild animal, just observe and respect them," LaBonge said.

http://www.dailynews.com/news/ci_13498671

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

MWD retirement scheme would be bad for Angelenos

LAST Tuesday, without informing the public, the Metropolitan Water District, or Met, held a "public workshop" to tout an unreasonable and terribly untimely retirement plan for union employees and highly paid executives.

Met is happy that so few of you knew about it that only one resident spoke in protest at the meeting. But there is still time to block this irresponsible pension increase.

Met's directors are scheduled to approve the scheme at the Oct. 13 meeting. But Angelenos remain in the dark regarding the proposal.

Many in Los Angeles still think all their water comes from Owens Valley and that the Los Angeles Department of Water and Power has nothing to do with Met. That misconception needs to end now.

Met was created as an intermediary in the distribution of Colorado River water at the end of the 1930s. It's a consortium of dozens of water agencies throughout seven Southern California counties. It also is the middle man for water coming here through the California Aqueduct. With L.A.'s increasing reliance on imported water, what happens at Met affects us all.

The pension plan is part of a larger agreement with the four unions that represent about 2,000 Met employees. While a variety of changes in Met's relations with its workers are covered by the agreement, the crucial issue that has aroused major opposition outside of Los Angeles centers on the retirement provision. The agreement would change the pension formula so that those retiring will receive a pension 25 percent larger than that now given to retirees with comparable age and experience. You read that right: a 25-percent increase.

If the existing pension benefit had been abysmally low that increase, in flusher times, might be justified. But Met workers already have one of the best retirement plans for public employees in this state. This may be the last wave of the pension tsunami that has left local government budgets in disarray.

The plan would have sailed through the Met directors' meeting two weeks ago except for red flags raised by reporters and editorial writers outside Los Angeles county. San Diego is Met's biggest consumer of water and the mayor wrote a blistering letter to the Met board, demanding defeat of the pension increase. Daily papers in San Diego, Riverside and Orange counties marshaled opposition there.

Faced with a growing protest and the possibility of defeat, Met's administrators delayed the vote. Their explanation? To better inform the public and the directors about the financial implications. But the unions and Met's execs, who will benefit handsomely from this new scheme, didn't seem to care that they were railroading this plan through then.

L.A.'s unbridled growth means that a large percentage of the city's water now comes from Met: 68 percent this year. L.A. is so intertwined with Met that the largest single bloc of votes on the Met board comes from this city. Met watchers think all those votes, 19 percent of the Met total, will be cast for the proposal.

If adopted, we will all pay for it through higher water rates. The pension plan will tear a hole in the pocket of every Angeleno.

It's too late to voice your opposition at the "public workshop" but you wouldn't have been heard anyway. The public could make comments at the start of the meeting, before any experts testified. But there was no place for the public to challenge the actuary, no time for public rebuttal to the union reps who were invited to speak, and no opportunity for the public to challenge any of the statements by the string of sycophants who pushed for passage of the plan.

But let your voices be raised in the next two weeks. Bombard Met with questions, opposition, and criticism of its secrecy on this matter.

http://www.dailynews.com/opinions/ci_13492665

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Sweet goodbye: DWP chief leaving, so why keep paying him?

BY most accounts, outgoing Department of Water and Power head David Nahai's departure coincided with a loss of confidence in his ability to head the utility from all over City Hall.

The head of the powerful union representing most LADWP workers, Brian D'Arcy, had cut him off after the failure of Measure B, the solar power initiative, in March. Neighborhood activists saw him of as the face of the soaring water and power rates in recent years. Homeowners saw him as the mayor's lawnkiller, with the twice-a-week sprinkler rules that began in June.

Even his ally, Mayor Antonio Villaraigosa, who appointed a relatively inexperienced Nahai to the position, seemed no longer to have his back. When the mayor hired former DWP chief David Freeman to be his deputy mayor, it was clear that he was setting the stage for Nahai's resignation.

But what may have cinched the end was when the water mains started bursting last month and haven't yet stopped. Even Angelenos unfamiliar with his name started having bad thoughts about the person who clearly wasn't managing the utility well enough to keep the streets from flooding during a water shortage. Nahai may as well have been standing atop the firetruck that got sucked into one of the water main sinkholes.

Just days before his resignation to join Bill Clinton's Climate Initiative, Nahai sat in the hot seat before the Los Angeles City Council. Council members wanted to know why city's pipes were popping all over town; Nahai didn't have an answer.

Given all of this, it wasn't a huge surprise that Nahai found a new employer when things started falling apart. Chronic neglect of infrastructure wasn't his fault; that was due to years of bad decisions by the city's elected officials. It was his bad luck that it happened on his watch, and just tough luck that he didn't have the experience to navigate the sinkholes, both real and political.

The departure of Nahai presents the opportunity for the DWP to become a more customer-oriented utility that is not seen as the enemy, but as a city service. And it can start that process today with the Board of Water and Power Commissioners casting off one of the relics of the Old Los Angeles - sweet goodbyes.

City Halls may not have the golden parachutes of top executives at large companies. But they do have an old tradition of saying farewell to top officials - even those leaving involuntarily - with payoffs. These payoffs often take the form of "consulting" contracts. While that might make sense in a few cases, such as one in which the head of a department for 20 years leaves abruptly and no one knows how to do his job, it's been used and abused lately to buy off potentially litigious ex-employees and do favors for friends.

In 2007, for example, Department of Transportation General Manager Gloria Jeff got a $95,0000 payout when she was fired.

The year before, former Animal Services General Manager Guerdon Stuckey was terminated, then awarded a $50,000 contract to write a 32-page report on how to deal with pet overpopulation. The mayor fired him because he wasn't doing the job, but wanted him to leave behind some directions? Makes perfect bureaucratic sense.

Today, the DWP commission is considering a similar deal for Nahai, a $6,300-a-week contract for "on-call" consulting services through the end of the year - a figure that just happens to equal what he was making each week on his $327,000 annual DWP salary.

There are many relics of waste at City Hall that might have gone unremarked on in the late 20th century but are costly and offensive to Angelenos struggling in this 21st century recession. And if the next DWP general manager wants to fare better with the public than Nahai, he or she will dismantle these relics and start new traditions of efficiency, transparency and frugality.

The DWP commission can help the next manager do that by saying sayonara to Nahai's sweet goodbye.

http://www.dailynews.com/opinions/ci_13497394

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Bad Boy Club shows virtue doesn't sell

I have not had sexual relations with any member of the staff of the Los Angeles Daily News, nor my previous employer, KABC Radio. This shouldn't come as too shocking a revelation.

One look at the photo attached to this column and you'll understand my workplace celibacy did not require a heroic act of self-control on my part. However, given the payoff for bad behavior, maybe I should have at least tried to put a few moves on.

Consider David Letterman. His embarrassing confession to serial affairs has resulted in a huge boost in ratings. So if you find yourself in a cocktail lounge with Conan O'Brien's hand on your thigh, cut the guy some slack. TV is a very competitive racket.

As is politics, which explains why the boys have to blow off a little steam now and then. John Edwards may have forever set the standard for dirtbag behavior by fathering a "love child" with his mistress while using his cancer-stricken wife as a campaign prop. Then again, there is the man who wants to be the next governor of California, Gavin Newsom. As mayor of San Francisco he slept with his campaign manager's wife while she was high on drugs. There's gratitude for you.

And wasn't it great to see Bill Clinton this week pimping, ah, stumping for Gov. Gavin? That was nearly as heartwarming as Woody Allen's defense of Roman Polanski.

A little closer to home it was anchors aweigh for L.A. Mayor Antonio Villaraigosa who likes his news up close and personal. And let's not forget our "hands on" current governor who gave new meaning to the five finger discount. Add to the list: Mark "Don't Cry For Me Argentina" Sanford, Elliot "Client No. 9" Spitzer, John "Mom Paid Hush Money to My Mistress" Ensign, David "Whoremonger" Vitter, and let's not even discuss former City Councilman Nate Holden.

The list of infidelity among elected officials is so long we'd deforest the Earth putting their names in print. Boys will be boys, the saying goes. But before you gals get on your moral high horse, remember, all those cheating boys had to have someone to cheat with. Girls will also be girls.

We're not going to change human nature. But society is a different matter. The personal failings of comedians and politicians are not of particular interest, although they do sell magazines and create Web page hits, so maybe I'm missing out on something. What's socially important is the payoff our tabloid culture showers on bad behavior. Scandal equals fame equal money has become almost axiomatic.

Paris Hilton's entire "career" is based on a homemade sex tape gone public. Manny Ramirez masked his steroid use with female drug hormones and has been celebrated with bobble-head night after bobble-head night along with his millions. The faithful still kiss Cardinal Mahoney's ring despite six years and $660 million of stonewalling a child sex abuse scandal.

David Nahai mismanaged the Department of Water and Power and left his post with pipes popping like the champagne corks in the Dodger locker room. But instead of condemnation, his failure qualified him for the official city of Los Angeles platinum parachute, a consulting contract. Hey, you screwed up, here's some more money! That's so L.A.

We've seen a parade of politicians and the politically connected bungle and swindle their way through Los Angeles and get a paycheck and commemorative scroll rather than a boot in the backside. A society that routinely rewards scoundrels is a society in moral decline. This isn't a theological argument - it's a matter of right and wrong.

The Bad Boy Syndrome was once fodder for articles in Cosmo but is now so broadly embraced by American culture that shock value no longer has shock value. Crime pays; from "Bonnie and Clyde" to "Kill Bill," we've eroticized villains. Even a benign TV sit-com like "Happy Days" taught a generation all the hot chicks want Fonzie not Ritchie.

The ratings, book deals, and heat go to the offender, not the offended. Virtue may always have been its own reward but today virtue is an albatross. Virtue is mocked and ridiculed and viewed as weakness and maybe fatally, virtue isn't sexy and therefore doesn't sell.  

http://www.dailynews.com/opinions/ci_13499945

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the LAPD

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Notes from the October 6, 2009 Weekly Police Commission Meeting

• Police Commission President John Mack said this meeting held historic significance in that it was the last meeting to be held in Parker Center.  He added the first meeting held in the new Police Administrative Building would be on October 20, 2009.
• Police Commission Vice President Andrea Sheridan Ordin said in 1966, as a new member of the State Attorney General's Office, she was given a tour of Parker Center but at the time women were not allowed to tour the jail.  With two women now sitting on the Board of Police Commissioners, Ms. Ordin said society has come a long way.
• Police Commissioner Robert Saltzman attended the 95th Annual Explorer Academy Orientation.  He said more than 225 young men and women began training and added he was very impressed with the growth of the program.
• First Assistant Chief Jim McDonnell informed the Board much of the command staff was in Denver, Colorado for the International Association of Chiefs of Police conference.  Many Department staff members are giving presentations as the Department is seen as a model of best practices in law enforcement.  He added many units within Parker Center have begun moving into the new PAB with everyone being moved in by December.  Chief McDonnell also said the Motor Officers celebrated their centennial anniversary with representatives from all over the City in attendance including the Los Angeles Sheriff's Department.
• A verbal presentation and remarks were given by Eileen Decker, Deputy Mayor for Homeland Security and Public Safety relative to the Mayor's Public Safety Policy Initiatives.  Ms. Decker said she was looking forward to the challenges the job presents and is looking forward to working with the Department on counter-terrorism issues.
• The Department's report, dated September 28, 2009, relative to a Transmittal of the Modification and Extension for the Community Oriented Policing Services (COPS) Interoperable Communications Technology 2003 Grant Program, was approved and transmitted concurrently to the Mayor and City Council.  
• The Department's report, dated September 30, 2009, relative to the Gang Enforcement Detail Work Product Assessment Summary (IAID No. C09-016) was received.  The Board directed the Office of the Inspector General to submit an analysis of this report along with any appropriate recommendations.
• The Department's report, dated September 30, 2009, relative to the arrest, booking, and charging reports audit (IAID No. C09-002) was received.  The Board directed the Office of the Inspector General to submit an analysis of this report along with any appropriate recommendations.
• The Field Training Officer Inspection (IAID No. 09-019A), was continued. The Board asked the Department to modify conclusions and present them at a future date.
• The Department's report, dated September 30, 2008, relative to the Amendment to the proposed annual audit/inspection plan, fiscal year 2009/2010, was pulled.

October 06, 2009

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

33-Year-Old Man Shot and Killed in a Gang Related Shooting

Los Angeles: A 33-year-old man was gunned down on October 3, 2009, in a gang related shooting in Los Angeles.

At around 11:30 p.m., a patrol unit was dispatched to a shots fired radio call in the 4500 block of Clinton Avenue.  When the officers got to the scene, they found the lifeless body of Saul Ayala, suffering from several gunshot wounds.  Paramedics pronounced the victim dead at the scene.

Detectives are looking for two suspects described only males in a white vehicle.  

Anyone with information about this case is asked to contact Los Angeles Police Department Olympic Area Homicide Detectives at 213-382-9470.  After hours or on weekends, calls may directed to a 24-hour, toll-free number at 1-877-LAPD-24-7 or by texting CRIMES (274637) and beginning the message with the letters LAPD.  Tipsters may also submit information on the LAPD website www.lapdonline.org.  All tips will remain anonymous.

October 06, 2009

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

18-Year-Old Woman Robbed and Attacked, Three Suspects Arrested

Los Angeles:   Los Angeles Police Department Wilshire Area Detectives have arrested three people in connection with the robbery and assault of a woman on September 20, 2009.

Detectives worked diligently and developed significant leads on the case.  On September 30, 2009, Fernando Alday, of Los Angeles, Erick Marenco, also of Los Angeles and Raul Mascorro of Pico Rivera, all of whom are 24 years of age, were each charged with one count of conspiracy, attempt murder, robbery and assault with a deadly weapon.  All three of the defendants were booked at Men's Central Jail and are being held in lieu of $500,000 bail.

On September 20, 2009, at around 2:10 am, an 18-year-old female and two of her companions had just completed a bike ride with their bike club.  They were on their bicycles on Olympic Boulevard near Curson Avenue when they were confronted by four men, who intended on robbing them.  One of the suspects struck the 18-year-old in the face with a wooden bat and another stole her iPhone, detectives said.  The group then drove off in a black Dodge Charger.

The victim suffered massive facial fractures and was rushed to a local hospital where she underwent 12 hours of surgery.

Investigators executed search and arrest warrants on three suspects.  Two suspects were taken into custody at their homes without incident.  The other suspect was taken into custody at his place of employment.  A fourth suspect, who has been identified as 24-year-old Elder Rodriguezcardon of Los Angeles, was already in custody on an unrelated vandalism charge.  Charges against Rodriguezcardon are pending.

Anyone with information about this crime is asked to call Wilshire Area Robbery Detectives at 213-922-0154.  During off-hours, call may be directed to a 24-hour, toll-free number at 1-877-LAPD-24-7 (527-3247).  Callers may also text “Crimes” with a cell phone or log on to www.lapdonline.org and click on Web Tips.  When using a cell phone, all messages should begin with “LAPD.” Tipsters may remain anonymous.

October 06, 2009

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Murder Suspect Arrested Near US-Mexico Border

Los Angeles: Los Angeles Police Department (LAPD) officers have arrested a murder suspect at the San Ysidro border crossing in Southern California on September 27, 2009.  A second suspect is still at large, investigators said.

Salvador Flores, 25, of Canago Park was arrested at 8 p.m., near the Mexican border and was picked up by LAPD Devonshire Area detectives at 9:30 p.m.  He was booked at Devonshire Jail and currently on immigration hold.  Police are searching for an outstanding suspect who has been identified as Juan Luis Sanchez Ramirez.

The shooting happened on September 26, 2009, at around 2:30 a.m.  The victims Isidoro Meza, 28, and Guillermo Mendoza, 21, were shot in the upper body at an apartment complex in the 20900 block of Gresham Street.  Both victims died at the scene. Witnesses said the victims were involved in a heated argument in the courtyard area with Flores and Ramirez when a handgun was pulled out and shots were fired at them.  Investigators are unsure if one or both of the suspects fired at the victims. The suspect escaped in a stolen 1991 Mazda MX6, California license plate 6DWE375.

Police consider Sanchez armed and dangerous.  It is unclear what prompted the shooting.

Anyone with information regarding this incident is urged to call LAPD Devonshire Area homicide detectives at 818-832-0554/0556.  During off-hours, call may be directed to a 24-hour, toll-free number at 1-877-LAPD-24-7 (527-3247).  Callers may also text “Crimes” with a cell phone or log on to www.lapdonline.org and click on Web Tips.  When using a cell phone, all messages should begin with “LAPD.” Tipsters may remain anonymous.

October 06, 2009

http://lapdblog.typepad.com/lapd_blog/

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the White House

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

"Every Morning I Look to You for the Latest Intelligence"

7 Practices for Computer Security

Access to information and entertainment, credit and financial services, products from every corner of the world — even to your work — is greater than ever. Thanks to the Internet, you can play a friendly game with an opponent across the ocean; review and rate videos, songs, or clothes; get expert advice in an instant; or collaborate with far-flung co-workers in a "virtual" office.

But the Internet — and the anonymity it affords — also can give online scammers, hackers, and identity thieves access to your computer, personal information, finances, and more.

With awareness as your safety net, you can minimize the chance of an Internet mishap. Being on guard online helps you protect your information, your computer, and your money. To be safer and more secure online, make these seven practices part of your online routine.

1. Protect your personal information. It's valuable.

To an identity thief, your personal information can provide instant access to your financial accounts, your credit record, and other assets. If you think no one would be interested in YOUR personal information, think again. ANYONE can be a victim of identity theft. In fact, according to the Federal Trade Commission, millions of people become victims every year. Visit ftc.gov/idtheft to learn what to do if your identity is stolen or your personal or financial information has been compromised – online or in the "real" world.

How do criminals get your personal information online? One way is by lying about who they are, to convince you to share your account numbers, passwords, and other information so they can get your money or buy things in your name. The scam is called "phishing": criminals send email, text, or pop-up messages that appear to come from your bank, a government agency, an online seller or another organization with which you do business. The message asks you to click to a website or call a phone number to update your account information or claim a prize or benefit. It might suggest something bad will happen if you don't respond quickly with your personal information. In reality, legitimate businesses should never use email, pop-ups, or text messages to ask for your personal information.

To avoid phishing scams:

• Don't reply to an email, text, or pop-up message that asks for personal or financial information, and don't click on links in the message. If you want to go to a bank or business's website, type the web address into your browser yourself.
• Don't respond if you get a message – by email, text, pop-up or phone – that asks you to call a phone number to update your account or give your personal information to access a refund. If you need to reach an organization with which you do business, call the number on your financial statement, or use a telephone directory

Some identity thieves have stolen personal information from many people at once, by hacking into large databases managed by businesses or government agencies. While you can't enjoy the benefits of the Internet without sharing some personal information, you can take steps to share only with organizations you know and trust. Don't give out your personal information unless you first find out how it's going to be used and how it will be protected.

If you are shopping online, don't provide your personal or financial information through a company's website until you have checked for indicators that the site is secure, like a lock icon on the browser's status bar or a website URL that begins "https:" (the "s" stands for "secure"). Unfortunately, no indicator is foolproof; some scammers have forged security icons. And some hackers have managed to breach sites that took appropriate security precautions.

Read website privacy policies. They should explain what personal information the website collects, how the information is used, and whether it is provided to third parties. The privacy policy also should tell you whether you have the right to see what information the website has about you and what security measures the company takes to protect your information. If you don't see a privacy policy — or if you can't understand it — consider doing business elsewhere.

2. Know who you're dealing with.

And what you're getting into. There are dishonest people in the bricks and mortar world and on the Internet. But online, you can't judge an operator's trustworthiness with a gut-affirming look in the eye. It's remarkably simple for online scammers to impersonate a legitimate business, so you need to know who you're dealing with. If you're thinking about shopping on a site with which you're not familiar, do some independent research before you buy.

• If it's your first time on an unfamiliar site, call the seller's phone number, so you know you can reach them if you need to. If you can't find a working phone number, take your business elsewhere.
• Type the site's name into a search engine: If you find unfavorable reviews posted, you may be better off doing business with a different seller.
• Consider using a software toolbar that rates websites and warns you if a site has gotten unfavorable reports from experts and other Internet users. Some reputable companies provide free tools that may alert you if a website is a known phishing site or is used to distribute spyware.

File-Sharing: Worth the hidden costs?

Every day, millions of computer users share files online. File-sharing can give people access to a wealth of information, including music, games, and software. How does it work? You download special software that connects your computer to an informal network of other computers running the same software. Millions of users could be connected to each other through this software at one time. Often, the software is free and easy to access.

But file-sharing can have a number of risks. If you don't check the proper settings, you could allow access not only to the files you intend to share, but also to other information on your hard drive, like your tax returns, email messages, medical records, photos, or other personal documents. In addition, you may unwittingly download malware or pornography labeled as something else. Or you may download material that is protected by the copyright laws, which would mean you could be breaking the law.

If you decide to use file-sharing software, be sure to read the End User Licensing Agreement to be sure you understand and are willing to tolerate the potential risks of free downloads.

3. Use security software that updates automatically.

Keep your security software active and current: at a minimum, your computer should have anti-virus and anti-spyware software, and a firewall. You can buy stand-alone programs for each element or a security suite that includes these programs from a variety of sources, including commercial vendors or from your Internet Service Provider. Security software that comes pre-installed on a computer generally works for a short time unless you pay a subscription fee to keep it in effect. In any case, security software protects against the newest threats only if it is up-to-date. That's why it is critical to set your security software to update automatically.

Some scam artists distribute malware disguised as anti-spyware software. Resist buying software in response to unexpected pop-up messages or emails, especially ads that claim to have scanned your computer and detected malware. That's a tactic scammers have used to spread malware. OnGuardOnline.gov can connect you to a list of security tools from legitimate security vendors selected by GetNetWise, a project of the Internet Education Foundation.

Once you confirm that your security software is up-to-date, run it to scan your computer for viruses and spyware. If the program identifies a file as a problem, delete it.

Anti-Virus Software

Anti-virus software protects your computer from viruses that can destroy your data, slow your computer's performance, cause a crash, or even allow spammers to send email through your account. It works by scanning your computer and your incoming email for viruses, and then deleting them.

Anti-Spyware Software

Installed on your computer without your consent, spyware software monitors or controls your computer use. It may be used to send you pop-up ads, redirect your computer to websites, monitor your Internet surfing, or record your keystrokes, which, in turn, could lead to the theft of your personal information.

A computer may be infected with spyware if it:

• Slows down, malfunctions, or displays repeated error messages
• Won't shut down or restart
• Serves up a lot of pop-up ads, or displays them when you're not surfing the web
• Displays web pages or programs you didn't intend to use, or sends emails you didn't write.

Firewalls

A firewall helps keep hackers from using your computer to send out your personal information without your permission. While anti-virus software scans incoming email and files, a firewall is like a guard, watching for outside attempts to access your system and blocking communications to and from sources you don't permit.

Don't Let Your Computer Become Part of a "BotNet"

Some spammers search the Internet for unprotected computers they can control and use anonymously to send spam, turning them into a robot network, known as a "botnet." Also known as a "zombie army," a botnet is made up of many thousands of home computers sending emails by the millions. Most spam is sent remotely this way; millions of home computers are part of botnets.

Spammers scan the Internet to find computers that aren't protected by security software, and then install bad software – known as "malware" – through those "open doors." That's one reason why up-to-date security software is critical.

Malware may be hidden in free software applications. It can be appealing to download free software like games, file-sharing programs, customized toolbars, and the like. But sometimes just visiting a website or downloading files may cause a "drive-by download," which could turn your computer into a "bot."

Another way spammers take over your computer is by sending you an email with attachments, links or images which, if you click on or open them, install hidden software. Be cautious about opening any attachments or downloading files from emails you receive. Don't open an email attachment — even if it looks like it's from a friend or coworker — unless you are expecting it or know what it contains. If you send an email with an attached file, include a text message explaining what it is.

4. Keep your operating system and Web browser up-to-date, and learn about their security features.

Hackers also take advantage of Web browsers (like Firefox or Internet Explorer) and operating system software (like Windows or Mac's OS) that don't have the latest security updates. Operating system companies issue security patches for flaws that they find in their systems, so it's important to set your operating system and Web browser software to download and install security patches automatically.

In addition, you can increase your online security by changing the built-in security and privacy settings in your operating system or browser. Check the "Tools" or "Options" menus to learn how to upgrade from the default settings. Use your "Help" function for more information about your choices.

If you're not using your computer for an extended period, disconnect it from the Internet. When it's disconnected, the computer doesn't send or receive information from the Internet and isn't vulnerable to hackers.

5. Protect your passwords.

Keep your passwords in a secure place, and out of plain sight. Don't share them on the Internet, over email, or on the phone. Your Internet Service Provider (ISP) should never ask for your password.

In addition, hackers may try to figure out your passwords to gain access to your computer. To make it tougher for them:

• Use passwords that have at least eight characters and include numbers or symbols. The longer the password, the tougher it is to crack. A 12-character password is stronger than one with eight characters.
• Avoid common words: some hackers use programs that can try every word in the dictionary.
• Don't use your personal information, your login name, or adjacent keys on the keyboard as passwords.
• Change your passwords regularly (at a minimum, every 90 days).
• Don't use the same password for each online account you access.

6. Back up important files.

If you follow these tips, you're more likely to be free of interference from hackers, viruses, and spammers. But no system is completely secure. If you have important files stored on your computer, copy them onto a removable disc or an external hard drive, and store it in a safe place.

7. Learn what to do in an e-mergency.

If you suspect malware is lurking on your computer, stop shopping, banking, and other online activities that involve user names, passwords, or other sensitive information. Malware could be sending your personal information to identity thieves.

Confirm that your security software is up-to-date, then use it to scan your computer. Delete everything the program identifies as a problem. You may have to restart your computer for the changes to take effect.

If the problem persists after you exhaust your ability to diagnose and treat it, you might want to call for professional help. If your computer is covered by a warranty that offers free tech support, contact the manufacturer. Before you call, write down the model and serial number of your computer, the name of any software you've installed, and a short description of the problem. Your notes will help you give an accurate description to the technician.

If you need professional help, if your machine isn't covered by a warranty, or if your security software isn't doing the job properly, you may need to pay for technical support. Many companies — including some affiliated with retail stores — offer tech support via the phone, online, at their store, or in your home. Telephone or online help generally are the least expensive ways to access support services — especially if there's a toll-free helpline — but you may have to do some of the work yourself. Taking your computer to a store usually is less expensive than hiring a technician or repair person to come into your home.

Once your computer is back up and running, think about how malware could have been downloaded to your machine, and what you could do to avoid it in the future.

Also, talk about safe computing with anyone else who uses the computer. Tell them that some online activity can put a computer at risk, and share the seven practices for safer computing.

Where to report:

Hacking or a Computer Virus

Alert the appropriate authorities by contacting:

• Your ISP and the hacker's ISP (if you can tell what it is). You can usually find an ISP's email address on its website. Include information on the incident from your firewall's log file. By alerting the ISP to the problem on its system, you can help it prevent similar problems in the future.
• The FBI at www.ic3.gov. To fight computer criminals, they need to hear from you

Internet Fraud

If a scammer takes advantage of you through an Internet auction, when you're shopping online, or in any other way, report it to the Federal Trade Commission, at ftc.gov . The FTC enters Internet, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Deceptive Spam

If you get deceptive spam, including email phishing for your information, forward it to spam@uce.gov . Be sure to include the full header of the email, including all routing information. You also may report phishing email to reportphishing@antiphishing.org . The Anti-Phishing Working Group, a consortium of ISPs, security vendors, financial institutions and law enforcement agencies, uses these reports to fight phishing.

Divulged Personal Information

If you believe you have mistakenly given your personal information to a fraudster, file a complaint at ftc.gov , and then visit the Federal Trade Commission's Identity Theft website at ftc.gov/idtheft to learn how to minimize your risk of damage from a potential theft of your identity.

Parents

Parents sometimes can feel outpaced by their technologically savvy kids. Technology aside, there are lessons that parents can teach to help kids stay safer as they socialize online. Most ISPs provide parental controls, or you can buy separate software. But no software can substitute for parental supervision. Talk to your kids about safe computing practices, as well as the things they're seeing and doing online.

Social Networking Sites

Many adults, teens, and tweens use social networking sites to exchange information about themselves, share pictures and videos, and use blogs and private messaging to communicate with friends, others who share interests, and sometimes even the world-at-large. Here are some tips for parents who want their kids to use these sites safely:

• Use privacy settings to restrict who can access and post on your child's website. Some social networking sites have strong privacy settings. Show your child how to use these settings to limit who can view their online profile, and explain to them why this is important.
• Encourage your child to think about the language used in a blog, and to think before posting pictures and videos. Employers, college admissions officers, team coaches, and teachers may view your child's postings. Even a kid's screen name could make a difference. Encourage teens to think about the impression that screen names could make.
• Remind your kids that once they post information online, they can't take it back. Even if they delete the information from a site, older versions may exist on other people's computers and be circulated online.
• Talk to your kids about bullying. Online bullying can take many forms, from spreading rumors online and posting or forwarding private messages without the sender's OK, to sending threatening messages. Tell your kids that the words they type and the images they post can have real-world consequences. They can make the target of the bullying feel bad, make the sender look bad — and, sometimes, can bring on punishment from the authorities. Encourage your kids to talk to you if they feel targeted by a bully.
• Talk to your kids about avoiding sex talk online. Recent research shows that teens who don't talk about sex with strangers online are less likely to come in contact with a predator.
• Tell your kids to trust their instincts if they have suspicions. If they feel threatened by someone or uncomfortable because of something online, encourage them to tell you. You can then help them report concerns to the police and to the social networking site. Most sites have links where users can immediately report abusive, suspicious, or inappropriate online behavior.

To order brochures with this information, click here .

http://www.onguardonline.gov/topics/computer-security.aspx

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Deputy Secretary Lute Discusses H1N1 Coordination with Mexican and Canadian Counterparts in Mexico City

Release Date: October 5, 2009

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Department of Homeland Security (DHS) Deputy Secretary Jane Holl Lute today joined her Mexican and Canadian counterparts in Mexico City to discuss continued collaboration to confront the spread of global H1N1 flu and further develop cooperative efforts to inform and educate the public in preparation for the fall H1N1 season.

"The shared responsibility to respond to the H1N1 pandemic requires close coordination with our Mexican and Canadian allies," said Deputy Secretary Lute. "Our productive meetings today built on our ongoing collaborative efforts to prevent and respond to the spread of H1N1 within our nations and across our shared borders."

Today's trilateral meetings focused on coordinating efforts on a broad array of H1N1 issues—including continued collaboration on strategies to mitigate and respond to the spread of the H1N1 flu within each country and within the continent; emergency information sharing and communication; border issues pertaining to inspections and customs issues.

Deputy Secretary Lute was joined by DHS Assistant Secretary for Health Affairs and Chief Medical Officer Dr. Alexander Garza and Department of Health and Human Services Principal Deputy to the Assistant Secretary for Preparedness and Response Dr. Gerald Parker in leading the delegation. They were supported by representatives from the Department of State and Department of Agriculture, as well as the Transportation Security Administration and U.S. Customs and Border Protection.

The Mexican delegation was led by Health Ministry Deputy Secretary of Prevention and Promotion of Health Mauricio Hernández and Interior Ministry Deputy Secretary of Population, Migration and Religious Affairs Alejandro Poiré Romero. The Canadian delegation was led by Deputy Minister of Health Morris Rosenberg and Associate Deputy Minister of Public Safety Myles Kirvan.

For more information on H1N1 readiness and response, visit www.flu.gov .

http://www.dhs.gov/ynews/releases/pr_1254838543389.shtm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Secretary Napolitano and Governor Ritter Unveil Video Encouraging Awareness of Signs of Terrorism

Release Date: October 6, 2009

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Department of Homeland Security (DHS) Secretary Janet Napolitano joined Colorado Governor Bill Ritter yesterday to unveil “Recognizing 8 Signs of Terrorism”—a video produced with DHS grant funding designed to educate Colorado citizens about the shared responsibility of recognizing signs of terrorist activity.

“The vigilance of individual citizens is critical to protecting our country from the threat of terrorism,” said Secretary Napolitano. “This video provides essential information on how to identify the warning signs and emphasizes the vital role of such assistance in state and local law enforcement's counterterrorism efforts.”

“Eight years after the terrorist attacks of 9/11, it's important to remember the United States is not immune from the atrocities of international terror attacks. Even in Colorado, we need to be prepared to prevent and respond to these types of horrific events,” said Governor Ritter. “Secretary Napolitano's charge to empower the public with knowledge is a key component in creating prepared and vigilant communities across America. I encourage all Coloradans to see the video ‘Recognizing 8 Signs of Terrorism' at the CELL because we all have the power to make a difference when we are prepared.”

Under the DHS State Homeland Security Grant Program, the Colorado Office of Homeland Security awarded $30,400 for the creation of the video, which was narrated by John Elway and Kim Christiansen and produced through a partnership between the Colorado Office of Homeland Security, the Colorado Department of Agriculture, the Colorado Information Analysis Center (CIAC) and the Center for Empowered Living & Learning (The CELL)—a non-profit institution dedicated to addressing the global threat of terrorism.

The announcement came during Secretary Napolitano's trip to Denver, where she joined Governor Ritter on a tour of the CELL.

While in Denver, Secretary Napolitano also joined Attorney General Eric Holder, Federal Bureau of Investigation Director Robert Mueller and Office of National Drug Control Policy Director Gil Kerlikowske to participate in the International Association of Chiefs of Police (IACP)* Conference.

To view the video, visit www.thecell.org .

###

*Changed from National Association of Chiefs of Police to International Association of Chiefs of Police (IACP).

http://www.dhs.gov/ynews/releases/pr_1254839625342.shtm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Secretary Napolitano and ICE Assistant Secretary Morton Announce New Immigration Detention Reform Initiatives

Release Date: October 6, 2009

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Fact Sheet: ICE Detention Reform: Principles and Next Steps (PDF, 3 pages - 65 KB)

Immigration Detention Overview and Recommendations

Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced new initiatives as part of the Department's ongoing immigration detention reform efforts—enhancing the security and efficiency of ICE's nationwide detention system while prioritizing the health and safety of detainees.

"These new initiatives will improve accountability and safety in our detention facilities as we continue to engage in smart and effective enforcement of our nation's immigration laws," said Secretary Napolitano.

"These new reforms will establish consistent standards across the country, prioritizing risk, strengthening oversight and increasing efficiency in our immigration detention system," Assistant Secretary John Morton said.

The reform efforts address the seven major components of the detention system outlined in a comprehensive review conducted by Dora Schriro, the former ICE Office of Detention Policy and Planning Director, over the past several months, focusing on greater federal oversight, specific attention to detainee care, and uniformity at detention facilities.

Each of the reforms announced today are expected to be budget neutral or result in cost savings through reduced reliance on contractors to perform key federal duties and additional oversight of all contracts.

Secretary Napolitano and Assistant Secretary Morton also announced that Phyllis Coven will serve as Acting Director of the Office of Detention Policy and Planning while a nationwide search for a permanent director is underway. Coven, who has 17 years of experience in the federal government and international community, comes to ICE from U.S. Citizenship and Immigration Services. Throughout her career, Coven has chaired numerous detention initiatives at the Department of Justice and the former Immigration and Naturalization Service.

To better manage all detainee populations , ICE will centralize all contracts under ICE headquarters' supervision. Currently, the majority of more than 300 active contracts are negotiated and managed by disparate ICE field offices. ICE will also aggressively monitor and enforce contract performance in order to ensure contractors comply with terms and conditions—especially those related to conditions of confinement.

To advance the effective use of alternatives to detention (ATD) , ICE will develop an assessment tool to identify aliens suitable for ATD and will submit a plan to Congress this fall to implement an ATD program nationwide. ICE will continue to work with the Department of Justice to expedite the adjudication of ATD cases to reduce costs.

To better manage detention operations , ICE will develop a risk assessment and custody classification, which will enable detainees to be placed in an appropriate facility. ICE will pursue detention strategies based on assessed risk and reduce costs by exploring the use of converted hotels, nursing homes and other residential facilities.

To better manage special populations and improve program management , ICE will house non-criminal, non-violent populations, such as newly arriving asylum seekers, at facilities commensurate with risk and expand programs available including legal support services.

To enhance detainee medical care , ICE will devise and implement a medical classification system that will improve awareness of an individual detainee's medical and mental health conditions from the time the individual first enters detention.

To ensure accountability and reduce reliance on contractors, ICE will more than double the number of federal personnel providing onsite oversight at the facilities where the majority of detainees are housed. ICE will also accelerate efforts to provide an online search system for attorneys, family members and others to locate detained aliens.

On Aug. 6, 2009, Assistant Secretary Morton announced the first steps in ICE's detention overhaul—including the creation of the Office of Detention Policy and Planning, the formation of two advisory groups comprised of local and national stakeholders and the establishment of the Office of Detention Oversight, an independent apparatus to inspect facilities and investigate detainee grievances.

For more information on the ICE detention reforms, visit www.dhs.gov .

http://www.dhs.gov/ynews/releases/pr_1254839781410.shtm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From OurLA

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~