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tv   Government Access Programming  SFGTV  June 12, 2019 7:00pm-8:01pm PDT

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>> -- are relied upon to support charges against
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individuals and continue to hold them in county jail pretrial. because of prop 115, in many cases, all it takes to support charges and hold individuals in jail is testimony by police officers. prop 115 allows officers to testify about hearsay evidence, what other people not before the court have told them. it quite literally means that whether or not an officer is honest and has any integrity is one of the most important factors if that person remains in custody in pretrial. that's why we are simply requesting compliance with the law. thank you. >> president hirsch: next speaker. >> good evening, president hirsch, vice president taylor, commissioners, director
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henderson, chief scott. my name is marshall haymons, and i am a u.s. hastings law student and a member of this community. it is the importance of this commission to understand the results of failure to comply with sb 47, and the impact on the lives of every single community member in this city. in order to further educate myself, i went in and sat in on the preliminary hearing as my colleague mentioned, and i saw an officer as the sole witness take the stand. that means that the only thing standing between a defendant's freedom and continuing being part of the criminal justice system was this officer's credibility. when this officer took the stand, he made testimony that i then went back and watched the body-worn camera footage.
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the two contradicted each other. that means there's somebody sitting in jail right now because of the failure to comply with 832.7 because the officer was dishonest, and we didn't know and wouldn't know because filing a motion would take longer and time than your constitutional right to a trial within a certain time period. the disclosure of dishonest -- the disclosure of sustained complaints of dishonesty is crucial to keeping good people out of jail. again, this person is sitting in jail right now because of the credibility of a sole officer that contradicted the body-worn camera footage that i saw. commissioners, director henderson, and chief scott, i urge you to comply with 832.7 and release this information. >> commissioner dejesus: thank you. are you done? i thought there was a brady
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list that the district attorney has to turnover to you. this is a real big issue, and i understand that, but don't tell us that you do have access when you do have brady. >> president hirsch: well, we're not supposed to have back and forth, but that's a response. thank you. >> good evening, everyone. my name is zach ewen, and i work with the public defender's office, as well. today, i'm going to be talking about the dishonesty code of 832.7. as of right now, the definition of dishonestdishonesty is ambi. the definition i have laid out for sb 1421 defines it as a sustained finding made by any
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law enforcement agency or oversight agency of dishonesty by a peace officer directly relating to the reporting, prosecuting or investigation of a crime or directly relating to the reporting of or investigation of misconduct by another peace officer or police officer -- and the vagueness of this section of the statute largely lies with the last portion, excuse me. destruction, falsefying or destroying evidence as well as what would be considered to sustain something as dishonest. the law will only function as the people who are supposed to be abide by it know what that is. so the law needs to be well
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defined and understood, so we believe there needs to be strict guidelines regarding what dishonesty is and is not? an example is obstructing or forgetting to turn on your police body-worn camera? is that dishonesty? that's not outlined in the statutes? there's no metrics of what sustains something as dishonesty and what's not? as of right now, the public has no idea of what is sustained or what doesn't sustained it? and without a well defined and transparent metric, then, the public is just honestly left in the dark, and it's completely up to the law enforcement's own discretion with no foreseeable repercussions if they so disobey this law because they're essentially policing themselves. so for these reasons, there must be a complete and well defined policy describing
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exactly what this honesty is and what this process is for determining whether or not it is the same. this process must be transparent to regain the trust of the countless citizens who have learned that much of our law enforcement sadly cannot be trusted, and they genuinely should be feared. thank you. >> good evening. jacques wilson with the san francisco public defender's office. with regard to brady, brady requires a materiality finding, and it has to be exculpatory. nothing says brady, nothing says it affects the outcome of the proceeding, and nothing says favorable. it says turn these records over to us. let's get the story straight. we're not the problem here. these records belong to us, not you. this year, the invisible project released the city
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project 2.0 regarding histories of chicago police officers. the data revealed a system pervaded by racial data. the filing complaints are predominantly black, yet black people are underrepresented in the case of physical abuse.
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[inaudible] >> the 22% of officers who have ten or more complaints account for all complaints during that period. if anyone else dies right now, and it's found out that one of these officers has prior instances, their blood is on your hands. if a person is found to be -- you can shake your head if you want, but if a person is found there's exculpatory evidence that wasn't turned over, you've got a cover up. if we had a commission that was done what you are doing, they would be charged with accomplice liability, conspiracy, and anything else --
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[inaudible] >> you need to be a little m-- >> commissioner mazzucco: you need to be a little more professional. you're representing the community -- >> president hirsch: let's not have a back and forth. next speaker, please. >> we received a fifth record today from sfpd on a 1998 officer-involved shooting. one of the officers involved is no longer with the force. to touch again on brady, not only is the issue with brady materiality, it's also the time it takes. i checked with department 14 today, and if i file the brady motion today or tomorrow, it would be heard on the 10th of july. and if we're talking about preliminary hearings, you have ten days. if you're talking about a misdemeanor, you're talking about 30 days, so that's really
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not going to be an issue that can help at all. we've -- as we've been trying to obtain these reports, we have been largely in the dark, which is a frustrating respect to be on. last week, for example, when i was here, and i was speaking, i was told there was on -- this was on the agenda for july 10, and i didn't know. i have 35 active requests right now, and i didn't know the board was going to discussion the action of releasing these records until i came and was told in person. the data that i've heard at these meetings that i've been coming to is astounding. all of that can be called to
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what sorts of officers have records? what officers don't have records? we've started to receive some from the p.a. and we've started to receive some from this commission from officers that don't have records. let's just move on. let's not debate to hold a case where there's nothing. let's move on. firing weapons, dishonesty, all these things are tracked, all of these things are referenced somewhere, but when i talk to people who are actually pulling these records, it really seems as though -- and i don't doubt it, seems that once the report was finished, it was put on a shelf and no one was going to look at it again. so i understand it's hard, and it might take some time, but knowing what's there, that's written down somewhere, and i
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feel like that is -- should be more easily accessible. for example, my last note, since i'm running out of time, the d.p.a. cases we identified last week, six cases fall under this statute and could have just been puniblished. it didn't need to be asked for. these are just public records. >> president hirsch: okay. thank you. any other public comment? >> good evening, everyone. i'd like to use the overhead before you start my time. it's not on. >> president hirsch: okay. let's restart. i'm here, concerning my son, aubrey, who was murdered. the day is coming up, august 14, the day he was murdered. i, as i asked every year, for media coverage to let the
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perpetrators know what they've done to my child. i bring -- that is marcus hunter. that's all the names that i be bringing. here is hannibal -- i mean, thomas hannibal and paris moffitt. i want to show you this because paris moffitt is bragging i'm back. i kno he knows what he's done to my son. he is the ringleader, and he's done there in o.c. projects back bragging again. i'm back to kill again. that's what he's going to do, take someone else's child, like he took mine, him and the rest of them. so i'm asking you please, on august 14, that you do media coverage, because they're around, and they know who i am.
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i have no reason to hide because this was my child. but they're continuing to brag because this is what they've done. i bring my pictures, dead son, 17-year-old boy shot 30 times with a semiautomatic gun. who does that? how paris moffitt and the rest of them shoot an innocent boy because they didn't get the innocent perpetrator that they wanted? i've got to suffer, his sister's got to suffer, all my family's got to suffer? my nieces suffer. the only way they know them is because they hear me say
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"aubrey" all the time. this is what i hear from them. nana, is he dead? is he in heaven now. i shouldn't have to go through this. my son in the casket. my son had a father, and you got paris moffitt saying, i'm back. he's bragging, and he doesn't care, and they have videos talking about killing again. help stop this killing. the summer is coming up, and there's going to be more killing. my son was killed during the summer before he could even graduate from school. >> president hirsch: thank you. as we say every week, the anonymous tip line is 415-575-4444, and we hope that there is a witness that will come forward. thank you. any other public comment? all right. public comment is closed.
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vice president taylor? >> vice president taylor: couple of things. one, miss brown, the murderer of your son should be in prison. that's where he belongs. i have helped to put the murderers of other people's children in prison. i am proud of that, because you matter and your pain matters, and that's part of what law enforcement does. so chief, i have a question. how many active members are on sfpd? >> i just heard 2300. >> vice president taylor: here's what's important with 1421. we need to comply with it, d.p.a. needs to comply with it. i take issue with asking for the records of every active duty sfpd officer. that's almost 2,000 officers.
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if you have a case that's pending, you need to know about that officer, ask about that case, but it is unfair -- it is unfair -- and unreasonable to ask for the -- the files of 2300 officers at one time and then to come here and complain that it's not being done quickly enough, right? so i -- i have a problem with that because it sets up an impossible kind of paradigm. if you have reasonable requests, make one. but if you're going to ask for everyone and then complain the process is unfair, that's your fault because you're trying to build a file on all sfpd officers, which you may be able to do under the law, but i don't know how it entitles you to come here and complain about processing your request in the order it was received.
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i do want to echo commissioner dejesus' comments on brady and and pitches. i'm not saying you are not entitled, you absolutely are. >> president hirsch: we can't take back and forth. commissioner elias? >> the fact is that this law was passed a year ago. we knew about it. i asked at that time for a 1421 memo from the city attorney. we received it days before the law was supposed to take effect in january 2019. we're now in june, and we have a handful of cases that have been released to the public under a law that was passed more than six months ago, so of course they are frustrated, and they have every right to be because we haven't gotten our stuff together to make sure that when the law became effective, we had a system in place to go ahead and
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distribute this information. with respect to the fact that, you know, commissioner taylor that a request has been made for all officer, it's my understanding based on public comment that was made tonight and before and from speaking with the community, yes, that was a request that was made, but the public defender and other members have followed up and said look, we understand that's a voluminous request, but they've followed up with these are the ones that we need. i'm not sure of the actual dates, but in speaking with commander weir, there was a specific list of targets that they need immediately. it's up to the commission, the department and d.p.a. as to how they're going to process the
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requests. it's not up to the people asking. [applause] >> we can't get mad at the public for being frustrated when you're asking for arrest y -- all of this. >> vice president taylor: i'm not mad. >> the other thing is with respect to brady and pitches, i left the public defender's office a year ago, but when you do a pitches motion, you get literally an index card with a person's name and phone number, and that phone number is literall literally a year old. i think the community -- zach from the public defender's office did an excellent job of explaining when commissioner mazzucco asked why didn't you just do pitches, and he explained the information you would get on 1421 and the
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information you would get on pitches. obviously, the information on 1421 is more beneficial. with respect to brady, i'm sorry, brady is not always accurate and they're not turned over. i think there's a misconception as to oh, there's brady or oh, there's pitches, or they can get it this way, or they can get it that way. which is why they're relying on the 1421 and they're frustrated. hirs >> president hirsch: commissioner mazzucco? >> commissioner mazzucco: 1421 is the law. i understand it's a big shift. i understand that the public defenders need it for their clients that are in custody, and i respect that. maybe you should have narrowed it to those cases instead of every police officers involved in all the cases that you have in custody. let me go on. but here's the deal. i worked down the hall of
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justice for many years, and i also worked at the u.s. department of justice. pitches, i understand you get a little bit of information. brady is different. that's not our problem. you need to talk to the district attorney's office and the bench down at 850 bryant street and make sure they get on the ball. i sense your frustration, and i feel it. but the problem is those are items that the court should be grants. 850 bryant's a small community, and everybody in the public defender's office and everybody in the d.a.s office know who which officer's had issues. but to come here and say that there'll be blood on the hands of this commission, we support completely turning over everything because you need that. you know, you come from probably the finest public defender's office in the state, if not the country. i respect the public defenders in this office.
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you're the true heros in the legal profession. you don't pick who you respect. you get who you get out of the holding cell. but to say there's blood on our hands and act unprofessional to this commission, please don't do that. please maintain the integrity that has started with this commission. please don't cut me off. we will do what we need to do to make sure you get need from 1421, but if you don't get it because the d.a. is not complying or the court's not listening, that's not our fault. >> president hirsch: this is public comment. we will address this in depth on the 10th of july. we get your frustration. this is not a cover up. that's not what's going on. we're inundated with documents, we're inundated with requests. there is no list that goes back
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years that tells us what we have. there isn't. they're creating that list right now by hand. but just to assume that we're a bunch of thugs or criminals or trying to hide things from you is a mistake, and it undermines your credibility later on when you come at us. come at us with a little integrity and treat us with a little integrity. we're just trying to do the best we can up here, and the folks in our office and the d.p.a. are trying to get this material out. they're not trying to hide it. that's a ridiculous point to take. there's no way we would ever try to do it because there's no way you can get away with it. we know what the law is. we want to comply with the law. everybody up here favored the law. he would have favored a law that was more ex-pansive, and i think other people would have, too. don't accuse us of being criminals. next item, please. >> clerk: line item 7, public
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comment on item listed below, closed session, including whether to hold closed session. >> president hirsch: all right. any public comment on closed session? all right. seeing none, public comment is closed. next item. >> clerk: item 8, closed session. >> president hirsch: is there a motion? >> motion. >> president hirsch: is there a second? >> second. >> president hirsch: okay. there's a motion and a second. all in favor? opposed. okay. the motion passes. we're going into closed session.
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. >> i love that i was in four plus years a a rent control tenant, and it might be normal because the tenant will -- for the longest, i was applying for b.m.r. rental, but i would be in the lottery and never be like 307 or 310. i pretty much had kind of given up on that, and had to leave san francisco. i found out about the san francisco mayor's office of housing about two or three years ago, and i originally did home counseling with someone, but then, my certificate expired, and one of my friends
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jamie, she was actually interested in purchasing a unit. i told her about the housing program, the mayor's office, and i told her hey, you've got to do the six hour counseling and the 12 hour training. she said no, i want you to go with me. and then, the very next day that i went to the session, i notice this unit at 616 harrison became available, b.m.i. i was like wow, this could potentially work. housing purchases through the b.m.r. program with the sf mayor's office of housing, they are all lotteries, and for this one, i did win the lottery. there were three people that applied, and they pulled my number first. i won, despite the luck i'd had with the program in the last couple years. things are finally breaking my way. when i first saw the unit, even though i knew it was less than
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ideal conditions, and it was very junky, i could see what this place could be. it's slowly beginning to feel like home. i can definitely -- you know, once i got it painted and slowly getting my custom furniture to fit this unit because it's a specialized unit, and all the units are microinterms of being very small. this unit in terms of adaptive, in terms of having a murphy bed, using the walls and ceiling, getting as much space as i can. it's slowly becoming home for me. it is great that san francisco has this program to address, let's say, the housing crisis that exists here in the bay area. it will slowly become home, and i am appreciative that it is a
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>> i went through a lot of struggles in my life, and i am blessed to be part of this. i am familiar with what people are going through to relate and empathy and compassion to their struggle so they can see i came out of the struggle, it gives them hope to come up and do something positive. ♪ ♪ i am a community ambassador.
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we work a lot with homeless, visitors, a lot of people in the area. >> what i like doing is posting up at hotspots to let people see visibility. they ask you questions, ask you directions, they might have a question about what services are available. checking in, you guys. >> wellness check. we walk by to see any individual, you know may be sitting on the sidewalk, we make sure they are okay, alive. you never know. somebody might walk by and they are laying there for hours. you never know if they are alive.
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we let them know we are in the area and we are here to promote safety, and if they have somebody that is, you know, hanging around that they don't want to call the police on, they don't have to call the police. they can call us. we can direct them to the services they might need. >> we do the three one one to keep the city neighborhoods clean. there are people dumping, waste on the ground and needles on the ground. it is unsafe for children and adults to commute through the streets. when we see them we take a picture dispatch to 311. they give us a tracking number and they come later on to pick it up. we take pride. when we come back later in the day and we see the loose trash or debris is picked up it makes you feel good about what you are doing. >> it