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From Los Angeles Times

Computer errors let violent California prisoners go free

A computer system that lacked key information about inmates factored in the release of an estimated 450 prisoners with a "high risk of violence," according to the California inspector general.

by Jack Dolan, Los Angeles Times

May 26, 2011

Reporting from Sacramento -- Computer errors prompted California prison officials to mistakenly release an estimated 450 inmates with "a high risk for violence" as unsupervised parolees in a program meant to ease overcrowding, according to the state's inspector general.

More than 1,000 additional prisoners presenting a high risk of committing drug crimes, property crimes and other offenses were also let out, officials said.

No attempt was made to return any of the offenders to state lockups or place them on supervised parole, said inspector general spokeswoman Renee Hansen.

All of the prisoners were placed on "non-revocable parole," whose participants are not required to report to parole officers and can be sent back to prison only if caught committing a crime. The program was started in January 2010 for inmates judged to be at very low risk of reoffending, leaving parole agents free to focus on supervising higher-risk parolees.

The revelations come two days after the U.S. Supreme Court ruled that California's prisons are dangerously overcrowded and upheld an earlier order that state officials find a way to reduce the 143,335-inmate population by roughly 33,000. The state has two years to comply.

State Sen. Ted Lieu (D-Torrance), a former prosecutor who requested an investigation of the unsupervised-parole program, said the inspector general's report "confirms my worst fears" about it.

Investigators reviewed case files for 200 of the 10,134 former inmates who were on non-revocable parole in July of last year. They found that 31 were not eligible, and nine of those were determined likely to commit violent crimes. The inspector general and corrections officials refused to identify the inmates who were released erroneously. They also would not specify what their original offenses had been.

Using the 15% error rate they found in their sample, investigators estimated that more than 450 violent inmates had been released during the first seven months of the program, the time period they reviewed. Prison officials have disputed the findings, saying they had corrected some of the computer problems discovered by the inspector general. The error rate is now 8%, the inspector general report says.

Gov. Jerry Brown's plan to address overcrowding would shift tens of thousands of low-level offenders from prison to county custody. Counties would also supervise most low-risk parolees, like those in the non-revocable program.

But if the state can't properly identify which inmates qualify for an unsupervised parole program, Lieu said on Wednesday, "how can the public have confidence they can release 33,000 felons safely?"

Under the law that created non-revocable parole, inmates are excluded if they are gang members, have committed sex crimes or violent felonies or have been determined to pose a high risk to reoffend based on an assessment of their records behind bars.

That's where the problems begin, according to the inspector general. The computer program prison officials used to make that assessment does not access an inmate's disciplinary history.

The program also relies on a state Department of Justice system that records arrests but is missing conviction information for nearly half of the state's 16.4 million arrest records, according to the inspector general report.

Lee Seale, a deputy chief of staff for the California prisons, acknowledged that the corrections department's computer system can't access an inmate's disciplinary record. But that information is reviewed manually by a member of his staff before prisoners are released, said spokesman Luis Patino.

Seale agreed that the missing conviction information from the Department of Justice database is a problem. "That presents a serious issue for the entire criminal justice system, every judge, every probation officer, every cop on the street trying to decide whether to arrest someone," Seale said.

In July, a parolee named Javier Joseph Rueda, who had been classified a low-level offender and placed in the non-revocable program, opened fire on two Los Angeles police officers, hitting one in the arm. The police returned fire, killing Rueda.

Prison spokesman Oscar Hidalgo said Rueda had been properly classified. At the time, Hidalgo pointed out that the attack could have taken place even if Rueda had been checking in periodically with a parole agent.

"Supervised parole is not incarceration," Hidalgo said.

http://www.latimes.com/news/local/la-me-prisons-20110526,0,4457690,print.story

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Jared Loughner mentally unfit for trial, judge rules

The suspect in Rep. Gabrielle Giffords' shooting in Tucson is sent back to a federal prison hospital for treatment and further evaluation. He could spend the rest of his life in federal mental health facilities.

by Richard A. Serrano, Los Angeles Times

May 26, 2011

Reporting from Tucson

A federal judge ruled Jared Lee Loughner mentally incompetent to stand trial in the Jan. 8 shooting spree that gravely wounded an Arizona congresswoman after two medical experts agreed he suffered from schizophrenia and for several years has been troubled by delusions and hallucinations.

Judge Larry A. Burns sent Loughner back to the federal medical center for prisoners in Springfield, Mo., for treatment and further evaluation, stopping for now any attempt to take him to trial for the shooting that killed six people and injured 13 at Rep. Gabrielle Giffords' neighborhood meeting.

Without any change in his condition, Loughner could spend the rest of his life in federal mental health facilities. But if he shows some signs of improvement, his case could go forward.

Two psychiatric examiners made it clear in their reports that any improvement may be far away, if possible at all. They provided the court with 18 hours of videotape in which they attempted to interview him, much of it with Loughner lying in bed, the covers up near his head, answering them with nonsensical statements and often rambling obsessively about treason.

The ruling came after U.S. marshals removed Loughner from the courtroom Wednesday when he suddenly started screaming. His father, Randy Loughner, sat in the second row next to Loughner's mother and cried almost the entire time.

Court staff variously reported him saying "thank you for the free kill" or "free shot," and then, "she died in front of me" and "you're treasonous." A government source said Loughner was convinced he killed Giffords, and that "she died in front of me" apparently refers to that belief.

When asked later whether he could behave in court, Loughner told Burns that he would prefer to watch the proceedings on a closed-circuit television screen in a courtroom anteroom, where he remained for the rest of the hearing.

Earlier, he sat at his attorneys' defense table, rocking in his chair, bobbing his head, and at one point resting his forehead on the dark tabletop. He was surrounded by four marshals, who expected there would be some kind of outburst in the crowded courtroom.

And unlike the previous mug shot image of the 22-year-old man with wild eyes and bald head, on Wednesday Loughner appeared in court with his eyes closed, a heavy and disheveled mop of dark brown hair, long sideburns and a wisp of a goatee. He wore a prison khaki jumper, blue loafers and manacles on his wrists.

His appearance and outburst only reinforced the findings by the two mental health experts that Loughner not only does not understand the proceedings and the legal system, but also was in no condition to assist in his defense.

"His mental illness at this point is a significant barrier," Burns said.

Christina Pietz, a staff psychologist at the Springfield prison, wrote a 52-page report for the prosecution after seeing him daily for a month and interviewing him for over 12 hours. She concluded he suffered from "major medical illness, schizophrenia," and that he also had "disorganized thinking and delusions" and was "unable to provide coherent or rational answers" about the legal system.

She said he did not understand the role of a judge or a jury and harbored an "irrational mistrust" of the process.

Dr. Matthew Carroll, a forensic psychiatrist in San Diego with extensive experience testifying in court cases, submitted a 43-page report after interviewing Loughner for seven hours. He found him to be a "schizophrenic, paranoid type," and added that for the "last two or three years, he has had a history of suffering from mental illness."

Carroll, who was retained by the judge, also agreed that Loughner did not have a grasp of how the court process works, did not understand the role of witnesses and yet feared he "can't get a fair trial due to a conspiracy."

"It would be difficult, if not impossible, for any attorney to try to reason with him," the judge said in summarizing Carroll's report.

Burns also ruled that there was no hint that Loughner was trying to fake his condition in order to avoid a potential sentence of death at trial.

"He scoffs at the idea" he is mentally ill, Burns said. "He denies it."

"The defendant is not masquerading," the judge added. "I'm convinced of that today."

The ruling does not mean that Loughner has been declared insane.

"A lot of people are confusing this with the insanity defense," said Dr. Praveen Kambam, a forensic psychiatrist at UCLA. "Being incompetent to stand trial is a fairness thing. You're making sure your constitutional rights are protected. Right now, in this moment, this person doesn't have the competency to stand trial."

He said it was possible but not definite that medications could help Loughner.

Loughner had shown deep emotional problems long before the parking lot shooting at the congressional meet-and-greet in Tucson. He dropped out of high school in 2006, lost a girlfriend and purportedly abused alcohol and drugs. The Army rejected him for service, and after he was excused from a community college, he walked around the campus at night with a video camera and in a rant.

Giffords was shot in the head and last week underwent surgery to replace a section of her skull that was initially surgically removed to relieve pressure. She was able to attend the launch of the space shuttle Endeavour last week, which is commanded by her husband, Navy. Capt. Mark E. Kelly.

On Tuesday, the 40-year-old Democratic congresswoman returned to a rehabilitation hospital in Texas and continued her therapy, hoping to recover her speech and movement from the traumatic brain injury. Her new goal is to be upgraded to outpatient care.

http://www.latimes.com/news/nationworld/nation/la-na-loughner-sanity-20110526,0,3455159,print.story

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L.A. City Council issues $75,000 reward in toddler's death

The Los Angeles City Council has issued a $75,000 reward for information leading to the arrest of the person or people responsible for a shooting that killed a toddler and left his uncle in critical condition.

Shortly after nightfall Monday, gunfire broke out in the South Los Angeles neighborhood where 22-month-old Joshua Montes lived with his family. Minutes before, Joshua's uncle, Josefat Canchola, had carried the boy out the back door to play.

Both were struck in the head by the spray of bullets that investigators believe may have been intended for someone else. They were taken to a hospital, where Joshua died soon afterward. Canchola remains in critical condition, his family said.

Councilwoman Jan Perry said she hoped the reward would help police find whoever is responsible for this "unimaginable crime."

"These people obviously have no regard for human life, and we need to do everything in our power to find them before they hurt someone else," she said.

Anyone with information related to the shooting is asked to contact Newton Area detectives at (323) 846-6556 .

http://latimesblogs.latimes.com/lanow/2011/05/toddler-killed-reward.html

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From Google News

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Sheriff Joe Arpaio Says 3 Officers Arrested for Drugs, Human Trafficking

May 25, 2011 | Fox News Latino

Sheriff Joe Arpaio has said that three of his Maricopa County employees have been busted for drugs and human trafficking.

The workers, a deputy and two female detention officers, were among 12 people arrested in a Phoenix-based international drug smuggling ring, authorities.

Arpaio, the self-proclaimed toughest sheriff in the country, said law enforcement is tough enough without having to worry his own team.

"We have enough violence without having moles in my own organization that put my deputies in danger," Arpaio said.

One of the detention officers, Marcella Hernández, told authorities that she is eight-months pregnant with the child of Francisco Arce-Torres, the alleged drug ring's leader who court documents say is also a member of the Mexican Sinaloa cartel.

Deputy Rubén Navarette, Hernández, and detention officer Sylvia Najera face felony charges.

Seven other sheriff's employees were being investigated for their possible involvement.

County Attorney Bill Montgomery said he believed none of the three had an attorney.

Navarette admitted to passing information about the sheriff's crime-prevention operations to the group, Arpaio said. The deputy also was accused of being part of a separate human trafficking ring that smuggled undocumented immigrants from Arizona to California.

Detectives searching Navarette's home found two undocumented immigrants inside, Arpaio said.

Navarette, who was once assigned to sheriff's human smuggling unit and was cross-trained as a federal immigration agent, regularly smuggled loads of undocumented immigrants, Arpaio said.

Navarette was an active member of the alleged drug smuggling group, helping launder money, transport drugs and even adding security cameras to the ringleaders' home, according to court documents. The operation produced heroin at a ranch in Mexico, and brought it to Phoenix in loads of 5 to 10 pounds each, authorities said.

As part of the investigation, officers on Tuesday seized 10 pounds of heroin, nearly $200,000 in cash, weapons, vehicles and stolen property.

Hernández, 28, was found with $16,000 cash when she was arrested Tuesday after arriving for work, Arpaio said. She was held on $2 million cash bond on charges that include transporting drugs and money laundering.

Navarette was arrested as he arrived for work Tuesday morning. He appeared in court Tuesday on charges including human smuggling, money laundering, controlling an illegal enterprise and conspiracy, and was ordered held on $1 million cash bond.

Najera's bond amount wasn't immediately available, but she was booked on charges of money laundering and controlling a criminal enterprise. She refused to talk to investigators.

"No one is above the law, and apparently no one is beyond the reach of drug trafficking organizations in Mexico," Montgomery said. "It's just one more illustration ... that the border is not secure. We have cross national transportation of drugs and illegal aliens that has now involved law enforcement officials here. And they've been able to do this and be ongoing in their efforts."

"Every organization, you're going to find some people who do wrong," Arpaio said. "It's human nature."

Based on reporting by The Associated Press.

http://latino.foxnews.com/latino/news/2011/05/25/sheriff-joe-arpaio-says-3-employees-arrested-drugs-human-trafficking/

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Congress has midnight deadline on Patriot Act bill

Thursday, May 26, 2011

By Jim Abrams, Associated Press

WASHINGTON (AP) — Congress is rushing to extend the life of three anti-terror tools, including the use of roving wiretaps, before they expire at midnight Thursday.

The Senate was set to start voting on the legislation, including possible amendments, Thursday morning. Final passage during the day would send it to the House for quick approval and then onward to President Barack Obama in Europe for his signature.

The rapid-fire action on key elements of the post-9/11 USA Patriot Act comes after several days of impasse in the Senate and results in part from the prodding of senior intelligence officials, who warned of the consequences of disrupting surveillance operations.

"Should the authority to use these critical tools expire, our nation's intelligence and law enforcement professionals will have less capability than they have today to detect terrorist plots," James Clapper, the director of national intelligence, wrote congressional leaders.

The legislation would extend for four years provisions that allow law enforcement officials to set roving wiretaps to monitor multiple communications devices; obtain court-approved access to business records and other documents, including library check-outs, that might be relevant to a terrorist threat; and conduct surveillance of "lone wolf" suspects not known to be tied to specific terrorist groups.

The Patriot Act was passed soon after the Sept. 11, 2001, attacks, and almost all of it is permanent law. But the provisions on roving wiretaps and access to business documents were given expiration dates because of concerns that they overstepped boundaries on civil liberties. Those two and the "lone wolf" measure, which was part of a 2004 intelligence law, have needed numerous temporary extensions as lawmakers argued over how best to ensure that they were not abusing individual rights.

The effort to extend the provisions this time came down to a showdown between the Senate's most powerful member, Majority Leader Harry Reid, and a Republican freshman, Rand Paul of Kentucky.

Paul, a libertarian and tea party favorite, opposes the Patriot Act and objects to renewal of the expiring provisions on the grounds that they violate constitutional rights to privacy. Negotiations with Reid failed to meet Paul's demands that he be able to offer amendments to the legislation, including one amendment that would have excluded some gun records from Patriot Act investigations.

An exasperated Reid used procedural maneuvers to cut off debate, while Paul refused to allow the time for a final vote to be moved up.

"If the senator from Kentucky refuses to relent," Reid said earlier Wednesday, "that would increase the risk of a retaliatory terrorist strike against the homeland and hamper our ability to deal a truly fatal blow to al-Qaida."

Paul objected to the "scurrilous accusation. I've been accused of wanting to allow terrorists to have weapons to attack America. ... Can we not have a debate ... over whether or not there should be some constitutional protections?"

Paul had support from several Democrats who want to see more congressional oversight of how the Patriot Act operations are carried out. Sen. Judiciary Committee Chairman Patrick Leahy, D-Vt., in a proposed amendment co-sponsored by Paul, would have required audits on the use of surveillance authorities and required the government to provide more proof of a link to a foreign group or power to obtain sensitive library circulation records and bookseller records.

But with the expiration date approaching and little likelihood of a compromise with the House, the Democrats acceded to letting the bill move forward. Sen. Dick Durbin of Illinois, the second-ranking Democrat in the Senate, said he was not happy they weren't able to deal with the bill differently, but allowing the provisions to lapse was "unacceptable."

Damage from a short-term lapse would probably be minimal. The government would be unable to get court warrants for new investigations but could still get court authority in the case of foreign intelligence investigations that were already under way before the provisions expired.

Todd Hinnen, acting assistant attorney general for the Justice Department's national security division, said at a congressional hearing in March that the government seeks warrants for business records fewer than 40 times a year and that between 2001 and 2010, it sought roving wiretap authority in about 20 cases a year. He said the government has yet to use its lone wolf authority.

http://www.delcotimes.com/articles/2011/05/26/news/doc4dde1f5d0326e853576295.txt

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