| "Cash For Conviction" Program in DA's Office? |
| Written by David Greenwald |
| Tuesday, 23 March 2010 05:03 |
This past weekend, the Woodland Daily Democrat had a small story on Yolo County District Attorney Jeff Reisig. He had given a speech last week at the Woodland Chamber of Commerce laying out the fact that the DA's office was facing budget cuts that will result in a reduction of services and prosecutions.He told the audience that with the new budget cuts and the fact that staff has already been cut as much as possible, services will suffer. At the same time he said that between 30 percent and 35 percent of the DA's Office is funded by grants which are used to investigate and prosecute different areas of crime. The cuts will make the DA's office all the more reliant on Grants, hoping to pick up the slack for budget cuts and free up money elsewhere to fund what the grants do not fund.
Grants allow for very specific types of prosecution, however, there is a severe downside to receiving those grants. A group of protesters a little over a week ago, charged the DA's office with engaging in a "cash for conviction" enterprise in which they prosecuted, or rather over-prosecuted certain cases in order to obtain grant money for those programs. The Vanguard has looked into the charges and found that there is some merit to those complaints. The DA's office does rely heavily on grant money to bridge the gap in county general fund money. That money is reliant at times on increased prosecutions of crimes. Thus, as money becomes more and more scarce, the DA's office will be forced to increasingly rely on such grants. On November 17, 2009 the Yolo County District Attorney's Office announced that the United States Department of Justice has selected his office to receive funding from the Child Sexual Predator Program Grant. The Yolo County District Attorney’s Office will receive $290,180 in funding over a two year period. The grant will be used to pay for computer forensic equipment and fund a District Attorney Investigator. An existing DA Investigator will focus his efforts on computer and cell phone forensics and will spearhead a newly formed District Attorney Internet Crimes Against Children Unit. This was a great victory for the DA's office as they get an additional investigator just to investigate and prosecute these types of crimes. This program offers no stipulation to demonstrate increased prosecutions and convictions, however, from our research that is not the norm. By 2009, there were no fewer than 14 grants received by Yolo County law enforcement, accounting for over $6 million. During a time of budget cuts, grants are a way to enhance funding. However, they also require very specific expenditures. The two most common types of grants were for gang activity and sexual assaults. No fewer than five were related to sexual assaults, with an additional two going to gangs. In addition, last year was unusual in that there was also stimulus money available for prosecution. For our purposes here, we will focus on two specific grants. First, the gang suppression grant. Second, the Women's Vertical prosecution grant. As we began monitoring court cases in Yolo County, one of the complaints we have received is the number of cases with gang enhancements - often for individuals in fact are not gang members. We suspected that the DA's office was using these prosecutions to justify the gang injunction, but in fact, it may be that the gang injunction is being used to justify receiving grant money, which has been in the millions of dollars over the course of the last decade. The original grants were based on gang activity primarily in Woodland and relied on documented numbers of validated gang members and also gang related crime. From our standpoint, the reliance on validation processes that are informal at best and subjective is problematic. However, they form the genesis of gang violence suppression efforts going back as far as 2001. More problematic still however, is current grant requirements as laid out in the "Gang Violence Suppression Multi-Component Program" from the Governor's Office of Emergency Services, Law Enforcement and Victim Services Division. Here the requirements are a bit chilling. "As a result of the specialized GVS unit, the agency must be able to increase the number of individuals identified as gang members and the number arrested for violent, gang-related crimes."As mentioned previously, gang validation requirements are often informal and not structured by any kind of process requirements. In general, most jurisdictions require two or three criteria in order for an individual to be considered a gang member.
The program also relies on the number of gang-related cases referred for prosecution, the number of apprehended gang members prosecuted, the number convicted pursuant to PC 186.22, and then the number of gang defendants sentenced to incarceration with gang-related enhancements. So earlier this year, we ran a story on Davis gangs and talked to parents who were baffled that their children were being hit with gang enhancements. At the time, some suggested that the authorities were simply being proactive in trying to abate gang violence before the problem became serious. But this information castes those decisions in a very different light, where perhaps the prosecutions are being used to justify the receipt of grant money. Gangs however are not the only area where there is clear incentive for increasing the number of identified and prosecuted individuals in an affected area. The Women's Vertical Prosecution Grant sounds like a good program in that it assists in the "prosecution of crimes against women, including sexual assault, domestic violence, stalking, and dating violence is the primary goal of the VV program. Vertical prosecution means the same prosecutor, who is specifically qualified in violence against women issues, is assigned to these cases from beginning to end, resulting in a higher rate of conviction and better services to the victim.At the same time there are strict requirements on outcomes. "In keeping with the intent of the program, OES expected that your agency increased prosecution and conviction rates of violent crimes against women, including sexual assault, domestic violence, dating violence, and stalking as measured by the total number of defendants anticipated (or projected) to be prosecuted and/or convicted by the project during during the first, second, third, and fourth years of funding. OES anticipates and expects these increases to continue to improve in the fourth year of funding.In other words, grant money is contingent upon increased prosecution and conviction rates and there appears a possible disincentive to the agency to not file charges in a particular case. Even the American Recovery and Reinvestment Act of 2009 had incentives where more money came for places with higher prosecution and conviction rates. There is a link between these monies and complaints about over-prosecution. In fact, the most complaints regarding over-prosecution have related to either sexual assault crimes or gang enhancements. At the same time, in other areas, there have actually been complaints that prosecutors are not vigilant enough. Worse yet there is the possibility that an overzealous individual may actually fabricate statistics in order to receive more grant money. One possible example is the case of the UC Davis program administrator Jennfier Beeman who was found to have fabricated sexual assault statistics on the UC Davis campus. Ms. Beeman was an officer of CALCASA which is an organization for sexual assault prevention and CALCASA oversees one of the District Attorney's grants on sexual assault. Is there a link there? Possibly. A final point worth noting is that the District Attorney's Office operates on a budget somewhere between $12 and $14 million per year of which around a third is from grants. On the other hand, the public defender's office's most recent budget is about $4.65 million, or nearly one-third of that of the DA's office. They receive no grant money in reference to defending people from the same crimes that the DA prosecutes. Does this fact produce some sort of imbalance in the system? Is not prosecution and defense equally important components of our legal system? The bad news is that as local money becomes more scarce, the system will become more polarized. Certain crimes will be prosecuted to the max that they can be prosecuted, while other crime will be virtually ignored. The Woodland Daily Democrat article alludes to this possibility. "Reisig also told the audience, there are new budget cuts coming, and grants only allow certain aspects of funds to be used a certain way. Reisig says that because staff has already been cut as much as possible, services will suffer with this next round of budget cuts."Mr. Reisig then warns: "it is likely that a number of proposed cuts will affect misdemeanor prosecution, meaning crimes such as vandalism, theft, and simple assault will likely involve arresting and releasing without charges."If that is true, and it is difficult to differentiate scare-tactics meant to scare the Board of Supervisors into allocating more money from the truth at this point, it means that gang and sexual assaults will continue to be vehemently prosecuted, while crimes that do not come with funding grants may be virtually ignored. We know from the relatively low conviction rate in trials, that the DA's office may be taking weak cases in hopes of convincing the defense to settle and give them that conviction. Along the same lines, it gives the DA's office the incentive to overcharge cases hoping that the defense will not take a chance on a conviction of all of the alleged charges and instead settle for a plea bargain to one or another of the charges giving the DA's office their needed conviction. The bottom line here with many of these grants, because the grants are predicated on more prosecutions, they produce the incentives for local officials to over-prosecute crimes and gain unjust convictions. From our standpoint the purpose of a legal system and the justice system is to dispense justice. That means convict those who perpetrated crimes but do so fairly and equitably and allow for the innocent to go free. Unfortunately, money talks especially in a time of budget cuts and economic crisis. Therefore the monetary incentives to prosecute matter a great deal and make our system more difficult for those who end up caught in it. --David M. Greenwald reporting
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Comments (20)
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David: I hope this article will cause people to come forward that have been afraid to tell the stories about injustices that have happened to them. When people start to understand why the DA's office is so into convictions, then maybe they will start asking questions. Remember it was Reisig that bragged about the number of convictions (20,000) in three years.
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"I hope the county supervisors, the grand jury, the federal civil rights commission or the attorney general's office looks into this--especially because Reisig is running unopposed."
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The ever popular saying: "Follow the money" when you want to get to the heart of the matter continues to be proven true! Money, a powerful motivator, has caused persons to act in ways they never thought they could. This is a very serious and troubling situation and effects each and every one of us whether we want to admit it or not. If there is one person who is in a prision that is innocent of the crime they were convicted, it is one to many! I have heard people try to justify that in the "big picture of things" having a few innocent persons in prision is acceptable, they view them as "causalties of war" in the fight against crime. I would like you to ask yourself, "What if I am that innocent person in prision, would I accept this misguided idea?" Of couse you would not, so why should any of us?
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Rich Rifkin: Even if the county supervisors don't oversee the DA and the sheriff, what do we need to do to have them look at this closely?
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I concur with Davisite2: “Excellent work, David”
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Just as said before, follow the money. I hope a federal investigation is made so that our county can be free of all of this corruption and mistrust. David you did a great job! I hope someone runs against this district attorney.
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David,
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You can run a DA's office like a business if it's yours thru the electoral process. But ultimately the People's business of meting out justice impartially is not going to be served when a primary motivation of any DA's office is keep their place at the $ trough by an over-dependence on grants with specialized terms constituting quotas.
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This was an excellent article David. We have the same situation in Sacramento. Instead of serving the cause of justice and public protection, the DA's office is courting the federal dollar. Most of those dollars seem to come from Homeland Security, which is more than a little alarming. More pigs than ever feeding at the public trough.
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Hello David,
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Bill Ritter,
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Mr. Bockrath,
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If you want to see how inconsistent Reisig is, check out the article on the Daily Democrat today. The DA offered 10 years to someone with a past criminal record who admitted to killing a young 17 year old boy. |
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This past weekend, the Woodland Daily Democrat had a small story on Yolo County District Attorney Jeff Reisig. He had given a speech last week at the Woodland Chamber of Commerce laying out the fact that the DA's office was facing budget cuts that will result in a reduction of services and prosecutions.

