One sector that benefits from a bad economy: jail inmates

Tough times prompt the Los Angeles County Sheriff's Department to free inmates who've served only a fraction of their sentences.

By Jack Leonard and Ruben Vives

March 5, 2010

At the Twin Towers Correctional Facility, Jaime Iniguez was awakened Friday morning and told to get ready to leave.

Iniguez, 53, was serving a four-month sentence for drunk driving, his second DUI offense. He wasn't scheduled to be released for another month.

"It's time to celebrate," said Iniguez as he put on his belt outside the downtown jail complex.

Iniguez is a member of a distinct group that benefits during a sour economy: jail inmates.

When times are flush, the Los Angeles County Sheriff's Department has the money to keep jails open and staffed, and the vast majority of sentenced inmates serve most of their time behind bars.

But when times get tough and tax revenues shrink, the department has repeatedly looked to its jail operations to make cuts, freeing thousands of inmates who've served only a fraction of their sentences.

The length of jail stays has ebbed and flowed in tune with L.A. County's budget for more than two decades, leaving the county during financial crunches with some of the weakest jail sentences in the nation.

Now the county is shifting back into those lean times. Faced with fresh budget woes, Sheriff Lee Baca announced this week that he has stepped up the early release of inmates, a move that could continue for weeks or months.

"It is like groundhog day -- we see it over and over again," said Los Angeles Assistant Police Chief Earl Paysinger. "When we have tough fiscal times and the economy turns bad, then the criminals get dumped out of the jails back into our neighborhoods."

For years, there's been broad agreement that the time inmates serve should not be dictated by the sheriff or the state of the economy.

But faced with cutting staff or releasing inmates, Baca has made a clear but difficult choice: "His main focus is to save jobs," said sheriff's spokesman Steve Whitmore.

To address a gap of up to $128 million in his budget, Baca has made non-staff reductions elsewhere, including community-oriented policing programs, Whitmore said.

David Janssen, a former county chief executive who now teaches local government finance and administration at UC San Diego, said much of the county's budget is untouchable because it is protected from reductions by state and federal laws. That leaves the jails as one of the few areas where cuts can be made.

"If the sheriff is sitting there and saying, my only choice is to reduce patrol or to reduce jails, which are you going to do?" Janssen said.

The early releases have alarmed victims' rights groups. Reducing sentences for offenders like Iniguez undermines any deterrent effect that jail might have on drunk drivers, said Gail Butler, executive director of Mothers Against Drunk Driving, California.

"It disturbs us greatly," Butler said. "We consider DUI to be a violent crime."

A generation ago, few inmates left L.A.'s jails early. In the early 1980s, inmates in the nation's largest jail system were squeezed into hallways and even onto the roof of the Men's Central Jail. Conditions were so bad that a federal judge ruled they amounted to cruel and unusual punishment. The early releases began in 1988 as a stopgap measure to ease the overcrowding. But over the years, they became a near-constant.

In reaction to the recession of the early 1990s, then-Sheriff Sherman Block closed several areas of his jails in high-profile battles with the Board of Supervisors, which oversees the department's budget. By 1996, on average, defendants were serving less than 25% of their jail sentences.

An economic rebound at the end of the decade helped the department slow the releases to a trickle. But the dot-com bust of the early 2000s struck state and local government coffers hard. Citing budget woes, Baca began closing jails anew.

Between 2002 and 2006, more than 150,000 inmates were freed early after they had served just a fraction of their sentences. A 2006 Times investigation found that nearly 16,000 inmates released early were rearrested while they were supposed to be in jail. Sixteen were charged with murder.

"Early release is a mockery of the justice system," said Supervisor Mike Antonovich, a longtime critic of early releases. "Criminals are sent to jail to serve time for a crime, not a merry-go-round ride back to the streets."

In 2006, after deadly jail riots and growing concern about early releases, the Board of Supervisors approved a $258-million plan for new jail construction and to reopen the old Sybil Brand Institute for Women. But the plan stalled.

Nevertheless, sheriff's officials managed to increase jail stays for the vast majority of inmates, helped in part by the housing boom of the mid-2000s that raised property tax revenue for the county.

The state also helped by speeding up the time it takes to transport inmates to prison after they have been sentenced, freeing up valuable jail space. And sheriff's officials sought ways to make use of alternative sentencing programs, such as work furlough and electronic monitoring at home.

Until this week, all male inmates served at least 80% of their jail time. Most women still serve only 20%.

On Tuesday, the department began freeing male inmates sentenced for nonviolent offenses -- such as drunk driving -- after they'd served 50% of their time. Sheriff's officials said they hoped the practice would be short-lived.

Meanwhile, outside the jail Friday, inmates like Luis Reyes were not complaining. Reyes, 26, was arrested two weeks ago for failing to show up to court and to fulfill an earlier community service sentence. He was sentenced to 43 days but was released early Friday.

"It's sad that we're in this [economic] mess," Reyes said with a smile, "but it's good for me because I'm not in jail anymore."

http://www.latimes.com/news/local/la-me-jails6-2010mar06,0,819900,print.story

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Pentagon shooting suspect's parents are 'devastated,' say an illness prompted his 'terrible decision'

The parents of John Patrick Bedell, who was shot to death after pulling a gun on Pentagon police guards, said Friday they are “devastated” by the incident, adding that “his actions were caused by an illness and not a defective character.”

“To the outside world, this tragedy is the first and only thing they will know of Patrick,” his parents said in a statement. “To us, he was a beloved son, brother, grandson, nephew, and cousin. We may never know why he made this terrible decision.”

Bedell, 36, of Hollister, Calif., had mental health problems and had used marijuana, according to authorities, friends and court records.

San Benito County Supervisor Reb Monaco said he had been a close friend of the Bedell family for 35 years.

Upon hearing of the shooting, and at the request of one of Bedell's brothers, Monaco said he went to the family home late Thursday, spending almost three hours.

“They're an excellent family, very loving, very close. They have three boys, all of them very intelligent. They grew up with my own children,” he said. “My wife and I were there to support this family. It's such a tragedy and shock to this family. I can't believe this tragedy.”

Patrick, he said, had suffered from mental illness for at least 15 years.

“He probably was mentally ill for that period of time,” said Monaco, a retired schoolteacher. “He seemed rather paranoid. He was a heavy marijuana user and tended to self-medicate with marijuana. I don't know if he used other drugs.”

Nevertheless, Monaco said, Patrick also was a “gentle person.”

“His actions do not really fit that. I've known him since he was a little kid. He was always impressed me” as being very gentle, he said. “He was very bright, very intelligent.”

Monaco said the Bedells did not appear to know where Patrick was recently.

His parents reported him missing in January and asked local authorities to hold him, concerned about his mental health, said San Benito County Sheriff Curtis Hill.

Hill said the report stemmed from a call the family received from a Texas state trooper Jan. 3. The trooper said he had stopped their son for speeding on a freeway heading west outside Amarillo, Hill said.

“There's an inference in [the report] that he was concerned about his mental health,” Hill said. Apparently finding no cause to hold Bedell, the trooper let him go, the sheriff said.

In the San Benito County sheriff's Jan. 4 missing-person report, Bedell's father said Patrick and Patrick's brother had been in an argument about three weeks before. The father said he had not seen Patrick since Dec. 30. His son, he said, had been living and working in San Jose, but he didn't know where.

According to the report, the Texas state trooper told Bedell's mother that he was concerned for her son's mental health because his car appeared to be in disarray. He said that Bedell had told him he was on his way to the East Coast.

The father told San Benito County deputies that he was concerned for his son's safety. He said Bedell had a medical marijuana card, had been detained for mental evaluation before and had no friends or relatives on the East Coast.

In 2006, Orange County court records show, Bedell was arrested and charged with cultivating marijuana and resisting arrest. The marijuana charge was later dropped and he pleaded guilty to a misdemeanor of resisting arrest. He served three years' probation, which ended in August, and for which he did Caltrans community service, according to court records.

Irvine police arrested Bedell at his apartment on Amherst Aisle after neighbors reported him growing marijuana on a balcony.

Seeing the plants, officers obtained a search warrant for his apartment. Four days later, they returned and found 16 marijuana plants, along with an irrigation system, lights and other growing equipment. Bedell was alone in the apartment, according to the police report, and was arrested. He refused to leave under his own power and officers had to carry him to a patrol car.

Officers confiscated cards listing his name and a business, One Gram Cannabis, said Irvine police Lt. Henry Boggs.

Bedell recently had attended San Jose State as a graduate student, studying electrical engineering, said Pat Harris, a university spokeswoman. He had enrolled in courses in fall 2008 through fall 2009, she said.

Bedell had not enrolled for the 2010 spring semester, but “he was a student in good standing. He was not on academic probation” nor did he have a criminal record at the university, Harris said.

http://latimesblogs.latimes.com/lanow/2010/03/pentagon-shooting-suspects-devastated-say-illness-prompted-his-terrible-decision.html#more

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Bon Jovi and Lopez hit skid row. What about you?

Many, many moons ago I met a Catholic nun in Philadelphia who, to this day, is one of my heroes. Last year, I was honored to testify with Sister Mary Scullion at a congressional hearing on Capitol Hill about the virtues of programs like Lamp Community in Los Angeles and Sister Mary's Project Home, both of which have rebuilt the lives of hundreds of people fighting mental illness.

One of Sister Mary's biggest advocates and financial supporters is Jon Bon Jovi, who's in Southern California on concert tour, and Sister Mary told me he wanted to know if I could set up a tour of Lamp Community.

Bon Jovi, it turns out, is no dilettante. He has studied public policy issues regarding mental health and homelessness in various cities while on tour, calling it a fact-finding mission for his nonprofit organization . The charity supports affordable housing projects, and I've seen the effects of Bon Jovi's generosity in Philadelphia, where once-devastated neighborhoods have been rebuilt by and for Sister Mary's mental health clients, or family members, as she would call them.

"One night I was in Philadelphia outside of the City Hall," Bon Jovi told me, "and I realized, at least in my beautiful, romantic vision of the world, that our forefathers didn't envision" people sleeping on the pavement. "And I thought, I didn't need a scientist, and I didn't need a pill, to fix that."

If you'd like to hear more about Bon Jovi's tour of skid row, tune in this weekend to John Rabe's Off-Ramp on KPCC-FM (89.3 ) or listen to a clip here .

In the meantime, I was struck by how passionate Bon Jovi is about his mission, and it's clear he has learned there are many rewards, spiritual and otherwise, in giving.

I thought it would be nice to hear from readers who make time in their lives for causes they've become passionate about. Send along a few thoughts about what kind of volunteering you do, why you do it, and how it has changed your life.

-- Steve Lopez

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

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Chelsea King's parents want changes in sex offender laws

The parents of Chelsea King said they will fight for changes in sex-offender laws as a result of their daughter's slaying.

Chelsea, 17, was raped and killed, allegedly by a registered sex offender now in custody. She was last seen jogging around a lake near her home in San Diego County.

Brent King, her father, said on two morning TV new shows Friday that laws need to be changed so that registered sex offenders are restricted from being around children.

"Kids [need to be] kids and be safe," Brent King told NBC's "Today" show. "And predators should not be allowed within their reach."

The suspect, John Albert Gardner III, 30, was charged Wednesday and faces the death penalty if convicted of murder. Authorities said DNA from semen found on Chelsea's clothing linked him to the crime.

 Gardner, 6 feet 2 and weighing 230 pounds, pleaded guilty in 2000 to molesting a 13-year-old girl.

A psychiatrist at the time recommended that Gardner be given the maximum sentence of at least 10 years in prison. San Diego County prosecutors recommended a six-year term. "It is my opinion that [the defendant] would be a continued danger to underage [girls] in the community," said the psychiatrist in the court documents.

According to the Megan's Law website, Gardner lived in Lake Elsinore, in Riverside County, but was visiting his mother in San Diego County last week.

Brent King told NBC he will have more to say about specific changes in the law at a later date.

His wife, Kelly, said current law "lets every child in this country down."

The couple said their 13-year-old son has taken his sister's killing particularly hard but that he's heartened by the outpouring of support from the community.

http://latimesblogs.latimes.com/lanow/2010/03/chelsea-kings-parents-want-changes-in-sex-offender-laws.html#more

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EDITORIAL

The wrong history lesson

Common sense went out the window when three teachers demeaned Black History Month.

March 6, 2010

Adrag queen, a professional bad boy and a disgraced football star serving time for a botched robbery. These were the high-profile African American figures that three white teachers at a South Los Angeles elementary school apparently chose as worthy of study for their young charges as part of Black History Month. The children solemnly marched in the school parade carrying pictures of the three men -- RuPaul (wearing one of his signature blond wigs), Dennis Rodman and O.J. Simpson -- while their schoolmates honored the likes of President Obama and the Rev. Martin Luther King Jr.

As usual when things go awry in the Los Angeles Unified School District, the fiasco was a conflation of silly, smaller mishaps and oversights. Wadsworth Avenue Elementary School was selecting subjects from an official work sheet of prominent African Americans that included Simpson because it dated back to 1985, long before the infamous murder trial. Teachers rightly figured that the list needed updating. But the informally compiled list of add-ons, which was not overseen by the principal, included Rodman and RuPaul along with the president of the United States. The principal was off campus the day of the parade.

None of this serves as an excuse for what looks like a remarkable dearth of common sense or sensitivity among the teachers involved, along with a disregard for parents and the larger community, and scorn for the curriculum they're supposed to be imparting. Perhaps worst was the apparent willingness to use innocent children to carry out a mockery of Black History Month.

The message was that teaching children about the real struggles and successes of African Americans isn't worth serious consideration.

Fortunately, the poor judgment did not extend to instructing them about Simpson's murder trial or recent conviction on armed robbery and kidnapping charges, or former NBA star Rodman's history of wild behavior. Mainly what the youngsters knew about the two men, when questioned afterward by district officials, was that they had been good athletes. And it's not as though RuPaul isn't worthy of regard, but the tender years of elementary school are not the time for introducing the modern complications of cross-dressing and gender identification.

These particular teachers, who have been suspended pending the results of an investigation, reportedly have a reputation as pranksters. On the laugh meter, we'd rank the stunt alongside the recent "Compton Cookout" at UC San Diego. If this is a sign of their sense of humor, we'd advise them not to give up their day jobs -- assuming they get them back -- for a future on the improv stage.

http://www.latimes.com/news/opinion/editorials/la-ed-rupaul6-2010mar06,0,7269049,print.story

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From the Wall Street Journal

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Obama Leans Toward Switch to Military Trials on 9/11

WASHINGTON—The Obama administration now favors trying Khalid Sheikh Mohammed and other alleged Sept. 11, 2001, plotters in a military tribunal, officials said, yielding to opposition from Congress and local governments that was stymieing the Justice Department's plans for a civilian trial.

Members of Congress have moved to cut off funds for a civilian trial, while local governments have expressed reluctance to play host to such a trial. No decision has been reached, and a White House official said President Barack Obama wouldn't make his announcement for weeks as a review continues.

A reversal on the 9/11 trial would represent the latest backtracking on an issue that has bedeviled the Obama administration from nearly the outset. In his campaign, Mr. Obama asserted that Bush administration detention policies had damaged America's standing in the world. Two days after taking office, Mr. Obama signed an order pledging to close the Guantanamo Bay prison, where Mr. Mohammed is held, within a year.

But the administration soon retreated. Mr. Obama said in May that he would keep the military commissions President George W. Bush used to try some terror suspects, and he also decided to keep dozens of detainees held indefinitely without charge. Mr. Obama didn't close Guantanamo by the deadline.

The movement toward a military tribunal is still a gamble. White House Chief of Staff Rahm Emanuel has been negotiating with Sen. Lindsey Graham (R., S.C.) to win his support for a 9/11 trial before a revamped military commission that would be more open and offer defendants more rights than the Bush administration had wanted, Mr. Graham and administration officials said.

In exchange, the White House hopes Mr. Graham will help win bipartisan support for the purchase of a nearly empty prison in Thomson, Ill., which would be converted to a federal "supermax" facility, with a military court administered by the Defense Department.

Cutting a deal with Mr. Graham not only would move a distracting political issue aside but could pay dividends down the road. Mr. Graham is involved in bipartisan negotiations on climate change and immigration as well.

Under the proposed arrangement, the purchase would go forward by the end of this year, with refurbishment beginning in early 2011. The earliest the commissions could begin would be late 2011.

Mr. Graham, appearing on Fox News on Friday, said the president would be showing "good leadership" if he chose military commissions. "It would give us a chance to close Guantanamo Bay safely," Mr. Graham said. "It would be welcomed by the American people."

Groups that support civilian trials condemned the possible shift. "This is a defining moment for the Obama administration. If he caves to the politics of fear that have dominated this debate in recent months, he will set a dangerous precedent for future national-security policy," said Elisa Massimino, president of Human Rights First.

There are no guarantees Mr. Graham can win the support the White House needs. That could mean the commission trials proceed at Guantanamo Bay, as Mr. Bush wanted. That is what many Republicans are aiming for.

"KSM and his cohorts are war criminals. The proper, lawful and secure venue for their trial is at the state-of-the-art tribunal facility constructed at Guantanamo Bay," said Sen. Jeff Sessions (R., Ala.).

The commissions themselves carry limitations and risks. At a commission, detainees are unlikely to be allowed to enter a guilty plea, Obama administration officials say. Mr. Mohammed and others have boasted of their role in terror attacks and have asked to be allowed to plead guilty to speed what they view as their martyrdom. But military commission rules revised last year don't provide for guilty pleas in capital cases, and the government is likely to seek the death penalty.

The debate over the trials has exposed the downside of Mr. Obama's affection for fostering policy arguments inside his administration. It has pitted Mr. Emanuel against some members of the National Security Council and senior Justice Department officials. And it has angered advocates on both sides of the issue.

"One thing I've had a hard time understanding is, who's in charge?" asked Mr. Graham in an interview this past week. He said he had been tossed between Mr. Emanuel, the White House counsel's office and the Justice Department. "I've never figured out who's in charge."

Tom Malinowsky, Washington advocacy director of Human Rights Watch, said: "There's this seminar process under way that keeps it from ever getting settled."

White House officials say the issues don't lend themselves to a simple narrative, and they defend their policy of trying some accused terrorists in civilian trials and others in military commissions. For example, they say, terrorists caught in the U.S. shouldn't be treated the same way as those taken from the battlefield.

A senior administration official said he saw no inconsistency between the president's pledge to stay true to his promises on detention and trials and the search for a bipartisan compromise. Another official said the president wasn't showing "a slavish commitment to campaign promises" but a stand on principle.

"It's not like the politics on this are fabulously right for us," the second senior administration official said.

To some allies and critics, some of the political hits to the White House have been self-inflicted, the result of too much hemming and hawing.

They say the president might have been better off if he had stuck to what aides describe as his initial impulse—to try the 9/11 suspects in civilian, or Article III, courts.

"They made a decision for an Article III court. Stick to it," said Sen. Dianne Feinstein (D., Calif.), chairman of the Senate Select Committee on Intelligence.

The administration has also shifted positions on other aspects of the issue, stating at times that the existing federal prison system is adequate to house Guantanamo detainees, only to announce plans to purchase the nearly-empty prison in Illinois and transform it into a new detention facility. Attorney General Eric Holder said lower Manhattan was the best place to try the 9/11 group, but when New York City officials objected, he said other locations were all right, too.

"It signals insecurity on counterterrorism issues to the world and to the Republicans," Mr. Malinowsky said. "They sense weakness and exploit it."

http://online.wsj.com/article/SB10001424052748703915204575103703790191316.html?mod=WSJ_World_LEFTSecondNews#printMode

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Body Scanners to Roll Out at More Airports

BOSTON—The Transportation Security Administration said Friday that nine more U.S. airports will receive body-scanning technology as the U.S. heightens its effort to detect hidden explosives and contraband.

TSA security director Lee Kair said units will be fielded in the coming months at Fort Lauderdale, Fla.; San Jose, Calif.; Columbus, Ohio; San Diego; Charlotte, N.C.; Cincinnati; Los Angeles; Oakland, Calif.; and Kansas City, Mo.

They will join three machines going online Monday at Boston's Logan International Airport and in the next week at O'Hare International Airport in Chicago.

All are among 150 machines bought with money from the federal stimulus package signed by President Barack Obama last year. They join 40 machines already in use at 19 airports nationwide.

Other countries have also signed on to use the technology, including Nigeria and the Netherlands, where the final leg of the man's flight originated.

Civil libertarians have complained that the new machines can violate a passenger's privacy. The American Civil Liberties Union has denounced the screening as a "virtual strip search."

The TSA says that the units won't be able to print or store images, and that the officer viewing them will have no contact with passengers.

The scanners allow the TSA to see beneath a passenger's clothing, to search for contraband not detectable to the eye or a metal screener.

Passengers will have the option of accepting or declining a body scan. Those who accept—and pass — won't have to walk through a metal detector or other security equipment. Those who decline will have to walk through a metal detector and also submit to a patdown.

Images from the scanner will be displayed in a remote viewing room. A passenger's face will be blurred, and the image will be seen only by an officer in the room. The passenger will remain at the checkpoint until the remote officer gives the all-clear to another officer standing with the passenger.

Sample images are on display on the TSA's Web site.

The Obama administration announced in February 2009 that it would provide $1 billion for airport screening as part of its $787 billion federal stimulus package.

In May, the administration detailed how that money would be spent—including $25 million for the new scanners. Between May and September, the department asked contractors to provide proposals for building the scanners. Competing models were tested over the summer.

The department awarded the contract to California-based Rapiscan at the end of September.

http://online.wsj.com/article/SB10001424052748703915204575103561305590150.html?mod=WSJ_WSJ_US_News_5#printMode

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From the White House

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World Urban Forum 2010: "Our Urban Future"

At the 1939 World's Fair in New York, General Motors unveiled "The Futurama" exhibit, a captivating model that displayed a vision for the not-so-distant "future" of 1960. Visitors to the exhibit, most of whom did not own cars, were left in awe of the “ideal city of tomorrow,” imagining themselves riding in a vehicle amidst breathtaking skyscrapers on concrete multi-lane highways, speeding toward a previously untouchable countryside with a sense of personal freedom.

The exhibit proved prescient, perhaps inspirational, but with many unforeseen and adverse effects on the American city. Today, our cities are faced with overdevelopment that has simultaneously damaged our environment, isolated low-income communities in the urban core, and maintained an unsustainable economic model.

Government has a responsibility to make smart investments and encourage smart planning. We can no longer continue developing our cities and metros with 20th century plans. We need to fundamentally change the pattern of urban development to reflect the way people live – a 21st century vision based on new realities, both in America and around the world.

By mid-century, 70% of the world's population, approximately 6.4 billion people, will live in cities and metros. There will also be 27 megacities with populations greater than 10 million, and that doesn't just include Tokyo, New York, London, and Paris; it also includes Sao Paulo, Mumbai, Seoul, Buenos Aires, and Lagos.

President Obama understands the importance of rising to these challenges today, because tomorrow will be too late. He understands that urban and metropolitan areas are the engines of our national and global economy, and will be the foundation of a more sustainable future. That's why on February 19, 2009, the President took a bold step toward realizing a new vision by signing an Executive Order that created the White House Office of Urban Affairs .

Our new urban agenda will focus on making regions and urban areas more economically competitive, environmentally sustainable, and expand opportunity for everyone. And our new approach will no longer look at urban problems in isolation. Instead, it will coordinate federal investments to address the reality at the local level, encouraging local leaders to develop comprehensive strategies to build strong regional economies, responsible and sustainable infrastructure, and opportunity-rich communities that bridge the social and economic divide.

I am thrilled to join the senior United States delegation to UN-HABITAT's Fifth World Urban Forum because for President Obama, the Forum is about innovation, sharing ideas, listening to best practices, and building consensus on how, as global partners, we can most sustainably and inclusively plan our future.

Adolfo Carrión, Jr. is the Director of the White House Office of Urban Affairs and Deputy Assistant to the President

http://www.whitehouse.gov/blog/2010/03/05/world-urban-forum-2010-our-urban-future

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From the Department of Homeland Security

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Secretary Napolitano Announces Deployments of Recovery Act-Funded Advanced Imaging Technology

March 5, 2010

Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the first 11 airports to receive advanced imaging technology (AIT) units purchased with American Recovery and Reinvestment Act (ARRA) funds—strengthening security at airports throughout the country while boosting local economies.

“By accelerating the deployment of this technology, we are enhancing our capability to detect and disrupt threats of terrorism across the nation,” said Secretary Napolitano. “These 11 airports will be the first of many to receive this enhanced technology as a result of the Recovery Act.”

Based on security and operational needs, the Transportation Security Administration (TSA) will deploy AIT units to the following airports:

• Boston Logan International (BOS)
  
  
• Charlotte Douglas International (CLT)
  
  
• Chicago O'Hare International (ORD)
  
  
• Cincinnati/Northern Kentucky International (CVG)
  
  
• Fort Lauderdale-Hollywood International (FFL)
  
  
• Kansas City International (MCI)
  
  
• Los Angeles International (LAX)
  
  
• Mineta San José International (SJC)
  
  
• Oakland International (OAK)
  
  
• Port Columbus International (CMH)
  
  
• San Diego International (SAN)
  

AIT units are being installed today at Boston Logan International airport, and within the coming week at Chicago O'Hare International airport, followed by full deployment of the ARRA-funded technology at the remainder of the 11 airports by Summer 2010. All airports receiving ARRA-funded AIT units, except Los Angeles International, are receiving this technology for the first time.

Additional airports will be announced in the near future. Many factors are taken into consideration before AIT units are deployed including airport readiness, checkpoint infrastructure, and capacity to ensure privacy protections—including a separate, remotely located room for viewing images.

Advanced imaging technology is designed to bolster security by safely screening passengers for metallic and non-metallic threats—including weapons, explosives and other objects concealed under layers of clothing. The ARRA-funded machines will include the latest security enhancements to detect new and evolving threats.

TSA ensures passenger privacy through the anonymity of AIT images—a privacy filter is applied to blur all images; images are permanently deleted immediately once viewed and are never stored, transmitted or printed; and the officer viewing the image is stationed in a remote location so as not to come into contact with passengers being screened.

Currently, 40 AIT units purchased previously are deployed at 19 airports nationwide. TSA expects to deploy a total of 450 AIT units by the end of 2010.

Last month, in recognition of the one-year anniversary of the Recovery Act, Secretary Napolitano highlighted the ARRA investments in technology and infrastructure at airports across the country.

ARRA, signed into law by President Obama on Feb. 17, 2009, committed more than $3 billion for homeland security projects through DHS and the General Services Administration (GSA). Of the $1 billion allocated to TSA for aviation security projects, $700 million is dedicated to screening checked baggage and $300 million is allocated for checkpoint explosives detection technologies.

To learn more about the DHS Recovery Act projects, visit www.dhs.gov/recovery .

http://www.dhs.gov/ynews/releases/pr_1267803703134.shtm

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From the FBI

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Former Fulton County Lieutenant Convicted of Civil Rights Violation in Inmate Beating

ATLANTA, GA—A federal jury today returned guilty verdicts against former Fulton County Sheriff's Deputy ROBERT W. HILL, Jr., 47, of Atlanta, Georgia, on one count of violating the civil rights of an inmate by using excessive force, one count of solicitation to commit a crime of violence (excessive force), two counts of obstruction of justice, and one count of lying to an FBI agent. The trial lasted three days. The jury deliberated approximately five hours before reaching the verdicts.

Acting United States Attorney Sally Quillian Yates said of the verdict, “This Fulton County Jail Watch Commander not only was involved in beating an inmate, he used his supervisory power to attempt to pressure others to cover up the incident. Fortunately, some of those under him did not succumb to his pressure and testified truthfully against him. The jury came back with a verdict that reflected the reality of what happened. As in other cases involving the Fulton County Jail, the message is the same: illegal treatment of inmates and lying about it will not be tolerated. This former law enforcement officer now faces jail himself.”

Acting FBI Atlanta Special Agent in Charge Howard H. Hatfield said, “The jury spoke loud and clear that civil rights abuses in a correctional institution will not be tolerated nor will the subsequent attempts to cover up those violations. The FBI will continue to seek the truth in such matters in spite of efforts to obstruct our investigations.”

According to Acting United States Attorney Yates, and the evidence presented in court: HILL, a former sheriff's lieutenant assigned to the Fulton County Jail, was in charge of the facility as the Watch Commander on August 9, 2008. During a morning roll call, HILL made remarks to his staff which included a directive regarding the use of force against inmates. According to witnesses and HILL's own recollection of the event, he told his subordinate officers that if an inmate touches an officer, that inmate should go to Grady Hospital.

Later that very day, Inmate Christopher Trammell, a pre-trial detainee with mental health issues, was involved in a physical altercation with a number of detention officers, including HILL. HILL was injured during the altercation. Eyewitnesses testified and a video surveillance recording showed that after the altercation, HILL picked Trammell up from the floor and escorted him into a nearby nurse station, which did not have a window and was not equipped with a surveillance camera. A group of at least 11 detention officers followed HILL and Inmate Trammell into the room. The video surveillance recording shows that after the group entered the room, the door was closed. Five officers testified that inside the room, HILL assaulted Trammell. Several of the witnessed testified that HILL struck Trammell multiple times about his face and head. Witnesses also said that after the assault, Trammell was bleeding from his face and blood was left on the floor of the nurse station.

Evidence presented also included HILL's report about the incident, which did not mention any use of force against Trammell inside the nurse station. In an interview with an FBI agent during the investigation of the matter, HILL insisted that he "in no way witnessed" Trammell being assaulted in the nurse station. HILL did, however, admit to an FBI agent, that he made the statement at roll call about sending inmates to Grady Hospital. According to the FBI agent, HILL quoted himself saying “if an inmate puts a hand on staff, then he is going to Grady.” HILL further explained to the agent that this is the custom of the jail—“meaning you will get your (deleted) whooped.”

According to the testimony of three officers who witnessed the assault, HILL met with them numerous times following his interview with the FBI. These witnesses testified that HILL repeatedly told them that nothing illegal happened in the nurse station and that they should “stick to the story” if they were questioned about the incident by federal authorities.

Sentencing is scheduled for May 17, 2010 before United States District Judge Thomas W. Thrash. HILL faces a sentence of up to 10 years in prison on each of counts one and two, up to 20 years on each of counts three and four, and up to five years in prison on count five. He also faces a fine of up to $1.25 million. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

This case was investigated by the FBI.

Assistant United States Attorneys Angela Jordan and Brent Alan Gray prosecuted the case.

For further information please contact Sally Quillian Yates, Acting United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan .

http://atlanta.fbi.gov/dojpressrel/pressrel10/at030510.htm

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From the ATF

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Statement of Kenneth E. Melson, Deputy Director Bureau of Alcohol, Tobacco, Firearms and Explosives Before the House Committee on Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies

Chairman Mollohan, Congressman Wolf and distinguished Members of the Subcommittee, I am pleased to appear before you today to discuss the President's Fiscal Year ( FY ) 2011 budget request for the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF ). I very much appreciate the Subcommittee's support of ATF and the interest you have taken in our mission and programs. The men and women of ATF recognize and are grateful for your commitment and contributions to the law enforcement community. I particularly would like to thank the Subcommittee for your support of ATF during the FY 2010 appropriations process; ATF is aware of the competing priorities that the Subcommittee had to balance and appreciates the funding we received.

Mission

ATF is dedicated to protecting our Nation from the illicit use of firearms and explosives. We protect our communities from violent crime and terrorism by investigating and preventing the illegal use and trafficking of firearms and the illegal use and improper storage of explosives. We deny organized crime its profits by stopping the illegal diversion of alcohol and tobacco products. And we protect lives and property by investigating acts of bombing and arson.

Combating violent crime is our specialty. ATF 's regulatory and law enforcement missions are interwoven, providing a comprehensive approach to reducing violent crime, protecting the public and defending national security. The integrated efforts of our special agents, industry operations investigators ( IOI s), attorneys, forensic scientists, forensic auditors and administrative professionals enable ATF to effective identify, investigate and recommend for prosecution violators of Federal firearms and explosives laws. Their integrated efforts also ascertain that Federal firearms and explosives licensees and permittees are operating within established laws and regulations.

In pursuit of our mission, ATF actively fosters partnerships with other Federal, State, local, foreign and tribal law enforcement agencies. Such partnerships, which are fundamental to our strategic approach, greatly increase the efficiency and efficacy of all parties involved. We are particularly proud of the outstanding relationship we have developed with local law enforcement agencies throughout the country and will continue to make those relationships even stronger.

Recent Accomplishments

I would like to take this opportunity to highlight some of our accomplishments over the last fiscal year to illustrate ATF 's invaluable contributions to the cause of public safety, as well as the assistance we provide to our law enforcement partners and the service we provide industry.

In FY 2009, ATF recommended 11,495 criminal cases against 17,677 defendants for prosecution — 3,850 of those cases involve 4,076 defendants engaged in gang related criminal conduct. Of the defendants recommended for prosecution, nearly 62% are previously convicted felons and 84% have prior arrest records.

In addition, in FY 2009, ATF arrested 10,892 defendants, which led 10,630 indictments and 8,489 convictions. As a result, 2,987 defendants were sentenced to prison in FY 2009 received an average sentence of 155.3 months, excluding the 30 defendants who received life sentences and nine who received death sentences.

We initiated criminal investigations in the following specific areas:

• 18,406 firearms cases, including illegal possession and firearms trafficking;
  
  
• 2,927 arson and explosives cases, including bombing and attempted bombing cases;
  
  
• 129 alcohol and tobacco diversion cases and
  
  
• 26 explosives thefts.
  

In FY 2009, ATF explosives detection canine teams participated in 625 investigative searches, assisted in 200 search warrants, safeguarded over 28 million spectators at major events, and recovered 178 firearms, more than 6,600 shell casings, 580 explosive devices, and19 homemade explosive devices.

In addition, our analytical, forensic and technical staffs were extremely active in supporting criminal investigations this past fiscal year. The National Tracing Center ( NTC ) traced more than 343,746 firearms for our agents and our law enforcement partners. Our National Integrated Ballistic Information Network (NIBIN) imaged over 187,283 bullets and casings, which resulted in over 5,358 matches, linking and solving firearms crimes—without these links many of these crimes would have remained unsolved. Our state-of-the-art laboratories, which examine forensic evidence such as ballistics and DNA , as well as reconstruct and test arson scenarios—completed examinations for 3,553 cases. These scientific efforts are crucial to the success of our enforcement mission.

ATF 's regulatory enforcement operations staff — which inspect Federal firearms and explosives licensees ( FFL s and FEL s) — verify that licensees are in compliance with Federal regulations and help detect and prevent the diversion of firearms and explosives into illegal commerce. In FY 2009, ATF conducted 11,375 compliance inspections of FFL s and 5,745 inspections of FEL s. We also processed:

• 834,328 National Firearms Act ( NFA ) registrations and/or transfers;
  
  
• 6,931 FFL applications and renewals;
  
  
• 1,121 FEL applications and renewals; and
  
  
• 9,295 import permit applications.
  

In addition to providing training for our own employees, ATF shares our specialized investigative knowledge and experience through extensive and sophisticated training courses offered to all levels of government, both domestic and foreign. In FY 2009, we provided PSN training for 2,475 Assistant U.S. Attorneys, State and local prosecutors, State and local police officers and sheriffs, and ATF special agents. We provided training for over 4,000 members of the international law enforcement community. We also trained:

• Approximately 3,700 military personnel in post-blast investigative techniques, including training conducted in Iraq and Afghanistan, and in collaboration with the Joint Improvised Explosive Device Defeat Organization at Fort Irwin, California;
  
  
• More than 900 law enforcement personnel, including 635 State and local investigators and bomb squad personnel, in explosives-related courses, including post-blast investigations;
  
  
• 235 explosives detection canine teams on National Odor Recognition Testing ( NORT ) and 425 on peroxide-based explosives;
  
  
• 681 personnel in arson-related courses; and
  
  
• U.S. Marshal Court Security Officers on improvised explosive device ( IED ) familiarization and security.
  

While the list of ATF activities I have just noted is far from comprehensive, it is intended to provide the Subcommittee with a sampling of the depth and breadth of our operations. Mr. Chairman, with the Subcommittee's support, we will build upon these accomplishments.

FY 2011 Budget Request

For FY 2011, ATF is requesting $1,162,986,000. This request includes $1,150,850,000 for current services and $12,136,000 for building ATF 's capacity to carry out its law enforcement and regulatory missions. The request would provide 5,145 positions and 5,111 full time equivalents ( FTE ), of which 5,101 positions and 5,071 FTE are for current services and 44 positions and 40 FTE are for capacity building.

We developed this budget to directly support ATF 's and the Department of Justice's priorities of detecting, preventing and investigating violent crime and terrorism. The additional funding we are seeking in FY 2011 would annualize positions we received to combat firearms trafficking along the US -Mexican border and provide resources for ATF to fulfill its role of coordinating a unified law enforcement response to national disasters and emergencies.

Annualization of Gunrunner Teams

The additional funding we are requesting to annualize a number of positions would support ATF 's Project Gunrunner. Project Gunrunner is ATF 's strategy to disrupt the illegal flow of firearms across the US -Mexican border and curb the associated violence perpetrated on both sides of the border by Mexican drug traffickers. We accomplish this by using our regulatory authority and investigative expertise to identify the sources of illicitly trafficking firearms and dismantling trafficking networks, many of which extend beyond the border region and traverse the entire United States. Our strategy incorporates indispensible partnerships with other US agencies and the Government of Mexico. As of mid-February, ATF has assigned approximately 190 special agents, 145 IOI s and 25 support staff to Project Gunrunner in the four contiguous southwest border States.

Between fiscal year 2005 and fiscal year 2009, ATF has had significant impact on the trafficking in the Southwest Border States. ATF has recommended 984 cases involving 2,034 defendants for prosecution. To date, 1,397 defendants have been arrested, 1,303 defendants have been indicted, 850 defendants have been convicted, and 636 defendants have been sentenced to an average of 86 months incarceration. Three-hundred and seven of the cases and 881 of the defendants recommended for prosecution involve gang related offenses. Four hundred and ninty-seven cases have charged violations related to the trafficking of an estimated 14,923 firearms. One hundred and fifty-nine of these cases involved gang- related trafficking of over 3,665 firearms. In all investigations, over 6,688 firearms have been seized and are no longer available to violent criminals and gang members.

I would like to note several examples of our successes in disrupting the flow of firearms to Mexico. In December 2008, ATF agents arrested ten individuals involved in a conspiracy to straw purchase firearms in Arizona for the purpose of supplying weapons to the Sinaloan drug cartel in Sonora, Mexico. We believe they were responsible for trafficking approximately 120 firearms, including .50 caliber rifles. The suspects were indicted in February 2009, and subsequently several cooperated and identified the Sinaloan cartel member who headed the conspiracy, Ruben Javier Elense Ruiz, who goes by the name “Rambo.” ATF forwarded Rambo's fingerprints to the FBI who matched them to prints connected to the murder of a Mexican Federal prosecutor in 2004. In March 2009, Rambo and several other cartel members were arrested in Mexico.

To illustrate the synergy between ATF 's regulatory enforcement operations and criminal investigative responsibilities, I would like to note a case that was initiated after ATF IOI s identified a firearms trafficking scheme through the inspection of a federally licensed gun dealer in Houston in 2007. Using information uncovered by the IOI s during that inspection, ATF agents targeted and interviewed suspected straw purchasers, who were paid $500 per firearm, and ultimately identified the three ring leaders of the trafficking operation. ATF ascertained that after the firearms were purchased in Houston they were transported to Mexico and turned over to the Gulf Cartel. ATF believes that over 330 firearms worth over $367,000 were trafficked over a 15-month period. Eighty-eight of those weapons have been recovered in Mexico and four in Guatemala. The firearms purchased by this organization have been traced to 51 separate criminal incidents in which 18 law enforcement officers and civilians and 37 gunmen have died. Thus far, 16 individuals in this case have been charged with firearms trafficking violations. Thirteen of these individuals have pled guilty and during the week of January 18, 2010, eight were sentenced.

To strengthen ATF 's efforts to combat firearms trafficking along the US -Mexican border, the American Recovery and Reinvestment Act (P.L.111-5) provided $10 million to ATF for the establishment of Project Gunrunner teams in Las Cruces, NM , El Centro, CA , and McAllen, TX , and to support existing staff at the US consulates at Tijuana and Juarez, Mexico. ATF is requesting $11,815,000 and 37 positions to annualize those resources. The annualization is necessary because the Act did not provide base funding for the salaries of the new special agents assigned to, nor the operation requirements of the three new Project Gunrunner locations. The FY 2011 budget cycle is the first opportunity ATF has had to request annualization of the 37 positions, which include 21 special agents based in the US , four special agents deployed to Mexico, six IOI s, three intelligence research specialists and three investigative assistants. Absent the annualization, ATF will be unable to sustain the three new Gunrunner teams without suffering an $11.8 million operating deficit.

Emergency Support Function #13

ATF is also seeking additional resources to support our responsibilities under the National Response Framework ( NRF ), which is the Federal strategy for providing a unified national response to natural disasters and acts of terrorism. The NRF provides for 15 “emergency support functions” ( ESF s), including ESF #13, which covers public safety and security. More specifically, the mission of ESF #13 is to assist Federal, State, local, tribal and territorial law enforcement agencies when they are overwhelmed by a disaster or terrorist attack. The Department of Justice has appointed ATF as the lead coordinating agency for ESF #13.

As such, ATF has been tasked with managing day-to-day ESF #13 operations that involve planning and coordinating at the national, State and local level in preparation for emergencies. For example, on a daily basis ATF serves as liaison between the Federal Emergency Management Agency (FEMA), the governors' offices, State public safety officials and all levels of law enforcement. We also participate in numerous planning sessions and exercises. In addition, we have developed and maintain a “concept of operations” plan and provide information to States on Federal law enforcement resources available during times of emergencies.

When a national emergency occurs, ESF #13 is activated and ATF deploys to the affected area within six hours of notification. On scene, ATF partners with State law enforcement to evaluate the situation in terms of public safety. We also act as a clearing house to match available Federal law enforcement resources with needs of the requesting jurisdictions and work to ensure that those resources are deployed as quickly as possible. While deployed, ESF #13 resources are typically under the administrative and operational control of the law enforcement agency that requested their assistance; however, at the request of the agency we will provide safety and security for responding ESF resources, as well as administrative support. ESF #13 activations have included the 2007 California wildfires, hurricanes Humberto, Dean and Flossie in 2007, hurricanes Bertha, Dolly, Ike and Gustav in 2008, the 2009 Presidential inauguration and the 2009 Red River Floods. ESF #13 personnel have also been involved with planning security for special events such as Super Bowls.

ATF has been responsible for the coordination of ESF #13 for approximately five years. During that time, ATF has funded these efforts from our base budget; we have received no dedicated funds. As ESF #13 has matured and the level of responsibility has increased, we have found that diverting money from our core budget has adversely affected ATF 's other programs. Moreover, the lack of resources, manpower, equipment and training dedicated to ESF #13 hinders our ability to properly develop a foundation for the program. Additional resources would ensure ATF 's ability to immediately provide the American public with the caliber of law enforcement preparation and response expected from the Department of Justice and the Federal government in a time of crisis.

Our FY 2011 request for ESF #13 is $1,228,000, seven positions and three FTE . That includes $1,078,000 for personnel, $34,000 to fund two national training sessions per year, and $116,000 for travel expenses. The personnel are responsible for developing a national logistics program, coordinating logistics during emergencies, coordinating training at the national and field levels, and maintaining computers in the ESF #13 National Coordination Center.

Closing

Chairman Mollohan, Congressman Wolf, distinguished Members of the Subcommittee, on behalf of the men and women of ATF , I again thank you and your staffs for your support of our crucial work. With the backing of this Subcommittee ATF can continue to build on our accomplishments, making our Nation even more secure. The funding we have requested for FY 2011, including the annualization of the Gunrunner teams and resources for ESF -13, would constitute an important investment in public safety. We look forward to continue working with you in pursuit of our shared goals.

http://www.atf.gov/press/releases/2010/03/030410-testimony-atf-dir-melson-fy11-appropriations.html

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