#Alameda Probate Attorney

[andrewdosalaw]

Alameda's Trusted Probate Attorney at Law Offices of Andrew Dosa

Discover peace of mind during challenging times with the Law Offices of Andrew Dosa, your reliable Alameda Probate Attorney. Our seasoned legal team, led by Andrew Dosa, is dedicated to guiding you through the complexities of probate law with expertise and compassion. Trust the Law Offices of Andrew Dosa to handle your probate concerns efficiently and effectively, ensuring a smooth and secure transition during difficult times.

Find more information at https://dosalaw.com/alameda-estate-planning/probate/

[beardedmrbean]

The Alameda County, California, law enforcement community was rocked by two scandals that brought criminal charges against three of its officers last week.

A probation officer was accused of sexually abusing an underage inmate at a juvenile facility years ago, and two sheriff's deputies were accused of covering up a 2021 suicide at a county jail, according to criminal charges filed Friday.

The alleged inmate suicide cover-up happened in the same jail where an inmate died last month from drinking "a profuse amount of water," the county sheriff's office said.

The probation officer, 50-year-old Nicole Perales, was in a "position of trust" when she allegedly had oral sex with a 15-year-old inmate between Aug. 27, 2004 and Aug. 26, 2005, according to Alameda County District Attorney's Office.

The top prosecutor filed several felony criminal charges against the 20-year veteran of the probation department, who could spend nearly four years in jail and be required to register as a sex offender if she's convicted.

The DA also charged two Alameda County Sheriff's deputies — Sheri Baughman, 49, and Amanda Bracamontes, 30 — with allegedly falsifying records to cover up their alleged negligence in Vinetta Martin's apparent suicide in the Santa Rita Jail in 2021.

CALIFORNIA SHERIFF TORCHES NEWSOM FOR LEAVING PRISON SYSTEM IN 'DISARRAY,' PLANNING TO LET MURDERERS WALK FREE

Both deputies are accused of doctoring logbooks to make it appear they followed procedure of direct visual observation of a suicidal inmate after Martin, 32, told jail staff she was planning to kill herself three weeks before her death.

On April 3, 2021, Martin was found "unconscious and slumped on the floor" of her jail cell, Alameda County District Attorney Pamela Price said in a statement Friday announcing the charges.

The logbooks didn't line up with the video evidence, which allegedly showed the deputies "repeatedly" failing to check on Martin for "extended periods," as long as one hour and 47 minutes, the district attorney said.

They were supposed to have visual contact every 30 minutes, according to the DA.

CALIFORNIA MEN ACCUSED OF COMMITTING RAPES, MURDER AFTER BEING RELEASED ON BAIL

Martin was originally charged with assault and had been in custody since July 2020 and was awaiting evaluation and transfer to the Department of State Hospitals-Napa, according to court records.

The court declared a doubt about whether she was competent to stand trial and suspended the criminal proceedings.

Alameda County Sheriff Yesenia Sanchez said in a statement after the charges were announced Friday that this is "obviously a difficult day for many reasons."

"Any life lost at the Santa Rita Jail is one too many," Sanchez said. "Deputies Bracamontes and Baughman are entitled to due process as is the case for anyone else in the community.

"The Alameda County Sheriff’s Office has cooperated with District Attorney Price’s office in this investigation and will continue to do so going forward."

The felony charges against the three county officers were filed by the Alameda County Public Accountability Unit, which Price created in January under the umbrella of the Civil Rights Bureau.

The Santa Rita Jail was mired in controversy April 27, when an unidentified 26-year-old inmate died. And the Alameda County Sheriff's Office said in a statement to FOX 2 San Francisco that the prisoner drank a "profuse amount of water" and was vomiting the morning of his death.

Due to the vomiting, the prisoner was taken to a medical outpatient housing unit. He told staff during his intake that he used a controlled substance the day before his arrest.

A deputy checked on him at 3:25 p.m. and found that the inmate was unresponsive. Despite lifesaving efforts by paramedics, he was pronounced dead at 4:05 p.m.

"Despite his admitted drug use, there was no cause for concern found during the medical and mental health intake process," the Alameda County Sheriff's Office said in previous statements.

Meanwhile, Price has been fending off her own critics and battling protesters, who claim she's too soft on crime, especially after the murder of toddler Jasper Wu, who was killed in the crossfire of a gang shooting on a public highway.

LOS ANGELES MAN WHO AVOIDED PRISON FOR NEAR-FATAL STABBING NOW CHARGED WITH NEIGHBOR'S MURDER

Critics claim Price was looking into a way to punish the suspects without prison time.

Price responded by saying in a video released in April, "We have not made any decisions about what charges to pursue or what not to pursue. We are still reviewing the case."

Earlier this month, Danielle Hilton, a 26-year veteran of the Alameda County DA's Office, resigned and ripped Price in her resignation letter posted on Twitter.

"Victims deserve better," Hilton wrote. "Under your leadership, the focus of the District Attorney's Office has been taken away from advocating for victims who have been devastated by violent crimes. … Under your management, I do not feel I can ethically and adequately carry out my duties as a prosecutor."

Price's critics started an online petition calling for her recall, which garnered over 14,000 signatures as of mid-April.

Price and her supporters battled back and held a rally on the steps of the Alameda County courthouse.

[ailtrahq]

Ryan Salame, the former co-CEO of FTX Digital Markets, has pleaded guilty to charges related to defrauding the United States Federal Elections Commission and conspiracy to operate an unlicensed money transmitting businessAccording to a Sept. 7 announcement from the U.S. Justice Department, Salame pleaded guilty before a judge in U.S. District Court for the Southern District of New York, making him the fourth major player connected to defunct crypto exchange FTX facing criminal charges to do so. The former co-CEO could face years in prison for the campaign finance charge as well as additional time related to operating an unlicensed money transmitting business.The former FTX executive pleaded guilty to the criminal charges, but Assistant U.S. Attorney Samuel Raymond reportedly said he would make a submission to probation following the criminal trial of former FTX CEO Sam Bankman-Fried scheduled to begin on Oct. 3. Salame will reportedly pay $6 million in penalties to the U.S. government, $5 million to FTX debtors, and surrender two properties in Massachusetts as well as a Porsche in his name. “I made $10 million in political contributions and called them loans, which I never intended to repay,” said Salame, according to Sept. 7 X thread from Inner City Press. “This was supported by Sam Bankman-Fried. I knew it was prohibited [...] As Alameda's head of settlements I used banks, one used in California. I was unaware licensure was required. But now I know.”At the time of publication, Salame remained free on a $1-million bond, with sentencing scheduled for March 2024. This is a developing story, and further Information will be added as it becomes available.

[things-to-do-alameda-ca-blog]

Events

There are many interesting things to do in Alameda, CA area. Every visitor can just have a tour around the city and enjoy different tourist spots. However, it is also highly recommended to check amazing pre-scheduled events there. On November 24, 2019, there will be a HouseTango.com Community Milonga by Gregory White and Sandra Kistler. The venue is at the Alameda Elk's Lodge, 2255 Santa Clara Ave., Alameda, CA 94501, United States. In addition, there will be an Alameda Comedy Works Presents Laughs on Tap at Faction Brewing this coming December 6, 2019 at around 8:30 pm. The fee is $12 and it will take place at Faction Brewing, 2501 Monarch Street, Alameda, CA 94501, United States.

Oakland Raiders' Tahir Whitehead Salutes Veterans

EAST BAY — The Oakland Raiders' Tahir Whitehead will host a 5K Run/Walk and Dance Workout this Thursday that will benefit "Back On My Feet," a nonprofit that helps veterans with housing and jobs. It currently operates in 13 cities across the country including the San Francisco Bay Area. Read more here.

Nowadays, the news reports about veterans are interesting. Recently, Oakland’s Raider’s Tahir Whitehead gave an amazing salute to veterans. Basically, there was a 5K Run/Walk and Dance Workout last time that will raise money to combat veteran homelessness. It will benefit the "Back on My Feet" supporting veteran jobs and housing projects. The non-profit organization currently operates in 13 cities across the country, including the San Francisco Bay Area. The event was held at Lake Merritt in Oakland. In addition, the 5K started at 4:30 p.m., and the Grooves Dance class, led by celebrity choreographer and Grooves founder Kennis Marquis, begun at 5 pm.

Port of Oakland in Alameda CA

Have you visited Port of Oakland in Alameda, CA area lately? Maybe, you have strolled around the area with someone. After all, the place is truly marvelous with all the amazing view all around it. Essentially, the place is a major container ship facility located in Oakland, California, in the San Francisco Bay. Based on historical records, it was the first major port on the Pacific Coast of the United States to build terminals for container ships. At present, it is the fifth busiest container port in the United States, behind Long Beach, Los Angeles, Newark, and Savannah. Lastly, the view here is beautiful.

Tseng Law Firm has an informative website to help understand the law. Through checking their site, you will be able to learn their process in handling a case. Aside from that, they maintained a blog for everyone. If you want to learn legal parlance, you can check the posts every month. There are also specific topics that will enrich your understanding of the law and its application. Their blog posts include protecting children's inheritance from divorce, estate planning for digital assets, reasons to revisit your estate plan, assets that go through probate proceeding and more. Lastly, you will also learn the basics on testate and intestate succession.

Link to Map

Port of Oakland 530 Water St, Oakland, CA 94607

Get on Webster Street Tube from Washington St 4 min (0.6 mi)

Follow Webster Street Tube, Constitution Way and Lincoln Ave to Santa Clara Ave in Alameda 7 min (2.7 mi)

Turn left onto Santa Clara Ave Destination will be on the right 30 s (0.1 mi)

Tseng Law Firm 1808 Santa Clara Ave, Alameda, CA 94501

[tsenglawfirm]

Why You Should Revisit Your Estate Plan

Creating your estate plan is a big undertaking, and you should be proud of yourself for your efforts. However, estate planning doesn’t stop there. The essential components of your estate – will, trust, bequeaths, etc. – were all based on life as you knew on the date you finalized the plan and walked away with a binder and/or digital file. As a result, that living document could be seriously out-of-date.

If your estate plan is signed and dated more than three or five years ago, there’s a good chance things have changed – in big and noteworthy ways. As we like to say, “As time passes, change is the one constant…”

For your estate plan to reflect your current family structure, assets, life situation, and intentions, you must revisit it regularly – making it a ritual of sorts. Putting off this important estate plan maintenance leaves your estate vulnerable, and can make it far more complicated for the ones left behind when the plan is put into place.

7 Reasons to Revisit Your Estate Plan on an Annual Basis

Most estate lawyers recommend revisiting your estate plan on an annual basis. Some years, it’s a quick review – not much has changed, and a cursory read and refresh is all you require. Other years, you’ll be surprised to note all that has shifted or changed – things that need to be added, removed, or altered –to fit your current life picture. In almost all cases, you’ll find your estate needs a “tune-up” around every three to five years.

The following are 7 of the most common reasons to revisit your estate plan to keep it as up-to-date as possible:

1. The family portrait has changed

It’s amazing how much can happen in a single month, let alone a year or more, within a family unit. From the birth of children and grandchildren to our loved ones’ deaths, or even drastic shifts in your own or a family member’s financial picture – these changes may alter how you feel about your current estate.

For example, a child’s divorce may cause you to remove their former spouse from the plan, while keeping their joint children in place. Down the road, that same child’s re-marriage may bring other beloved step-grandchildren into the fold, and you may choose to create space for them in the plan.

Whatever changes occur, it’s worth considering how that may affect the way you want to allocate your estate’s assets – and that needs to be finalized by your attorney via an updated plan.

2. Relationships have shifted

While it’s true estates are typically distributed amongst family members, many beneficiaries of an estate aren’t related to the decedent at all. For example, dear friends of the family, a devoted caregiver, a longtime neighbor or step-relatives with whom you’ve become close. However, relationships can change, or one of your beneficiaries may have come into a large sum of money on his/her own, the lifelong neighbor may pass away…

Whatever the case, you may find that shifts or changes in your relationship alter how you feel about the original estate plan’s allocations.

3. The kids/grandkids grew up

Maybe you’d set aside a certain sum of money for your children or grandchildren to attend college – and then outlived that span of time. In some cases, you may opt to keep this financial allocation intact so they can use it however they want, or you may decide to lower or raise the amount they receive when you die.

4. Your favorite charity is no longer active

Have you included a favorite charity or non-profit in your estate plan? Would you like to? Charities can come and go, or your favorite charities can change over time, depending on your interests and life experience. Sometimes, your financial health expands over time, and you have more available to leave to chairities or other beneficiaries. On the flip side, you may need to scale back those allotments due to a slimming down of your financial portfolio.

In either case, you want to make sure that the charity/ies named in your will or trust are still active and that the contact information is the same. Changes can be made as to the amount you want allotted to them. Charities no longer in existence should be removed, and new ones added if that’s your desire – and the rest of your estate may need to be adjusted to reflect those changes.

5. You’ve moved

Estate laws vary from state to state. If you’ve moved, we recommend taking your estate plan to a reputable estate attorney, practicing in your new state, to see if it complies its estate laws.

6. One of your beneficiaries has pre-deceased you

We’ve alluded to this in some of the above examples, but it’s worth an independent mention. If any of your beneficiaries die before you do, the money, property, or other assets you left them are no longer accounted for – and this puts your executor/trustee in an uncomfortable position. Now it’s up for her/him to make decisions about how things are allocated, not an easy task if the rest of the beneficiaries are fighting disagree with how it’s handled.

7. Someone has or develops special needs that should be accounted for

Has a child with special needs been born or adopted since your original estate plan was drafted? Has someone in your family developed a medical condition or special need that you would like your estate plan to address? That type of change requires amendments or re-drafting of your original estate plan or you cannot guarantee your wishes will be upheld – even if you’ve had verbal agreements from your executor/trustee or loved ones.

Give yourself and your family the peace of mind you all deserve by revisiting your estate plan on a regular basis. This is the only way to ensure your wishes will be carried out exactly as you intended.

Would you like to schedule a review of your existing estate plan? Contact Tseng Law firm and schedule an appointment. (510) 835-3090.

[diaryofanangryasianguy]

02/23/21

Man accused of threatening to kill Asians arrested

The Oakland Police Department arrested a former gang member accused of threatening to kill Asians before the Lunar New Year, ABC7 in San Francisco reported exclusively. The threats were made on both Instagram and Facebook.

Under arrest is Reginald Jackson who the Alameda County District Attorney’s Office and Probation Department describe as a former gang member out of Berkeley. Bail has been set at $190,000.

[nervouslightbeard]

Procedural Posture

Procedural Posture

Defendant manufacturers appealed the judgment of the Superior Court of Alameda County (California) entered upon a jury award in plaintiff patent holders' action of for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, and interference with advantageous business relations. Plaintiffs cross-appealed a judgment against them on claims for violation of the Cartright Act and wrongful termination.

Overview

Following defendant manufacturers' acquisition of plaintiff patent holders' company, defendants terminated funding of plaintiffs' company for failure to reach profitability in accordance with the parties' agreement. The Quitclaim Deed California is used to transfer the interest that a person may have in a given piece of real estate to another person. Plaintiffs secured judgment for damages in an action that charged failure to honor defendants' funding commitment. Defendants appealed, arguing as error the admission into evidence of plaintiffs' business plan as the basis of the parties' buyout agreement. The court reversed, ruling that the business plan was not admissible under the parol evidence rule, Cal. Civ. Proc. Code § 1856. The court ruled that the parties' agreement was an integrated contract, which could not be contradicted by evidence of purportedly collateral agreements. The court also ruled that a prior or contemporaneous collateral oral agreement relating to the same subject matter could have been admitted, but only where it was not inconsistent with the terms of the integration. The court found that the agreement specifically reserved to defendants the right to determine funding based upon profit performance standards. The court affirmed in part and reversed in part.

Outcome

The court reversed the judgment for plaintiff patent holders because the business plan was proffered to vary the terms of the parties' integrated agreement and was not admissible under the parol evidence rule. The judgments in favor of defendant manufacturers on the actions for violation of the Cartright Act and for wrongful termination of employment were affirmed.

Procedural Posture

Appellants, estate, executor, and the law firm representing them, challenged the decision from the Superior Court of San Mateo County (California) which denied appellant attorney fees for services rendered to the estate.

Overview

Appellants, estate, executor, and the law firm representing the estate, sought to have attorney's fees paid to appellant law firm for services rendered. Appellant executor was a Colorado resident and an out-of-state co-executor for a California estate. The probate judge refused to award the fees instead holding that appellant law firm had violated Cal. Bus. & Prof. Code § 6125 due to their unauthorized practice of law because the law firm was a Colorado law firm that had not filed a pro hac vice request to practice in California for this issue. Appellants challenged the ruling. The court held that § 6125 does not apply to out-of-state residents or non-California clients. Appellant co-executor was a Colorado resident and had the right to seek help from the attorney of his choice. The court therefore reversed the trial court's ruling and ordered that appellants recover the statutory fees and extraordinary fees they were entitled to, as well as recovering the costs and fees of the appeal.

Outcome

The trial court's denial of attorney's fees for appellant law firm and its finding that appellant engaged in the unauthorized practice of law was reversed with orders that appellant be paid what they were entitled to because the statute did not apply to non-resident clients and because people are entitled to the attorney of their choice.

[tsenglawfirm9-blog]

Tseng Law Firm

Tseng Law Firm services the San Francisco Bay Area, providing its clients with services in estate planning, trust administration, probate and some business planning. Alameda Estate Planning Attorneys

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Tseng Law Firm

Estate Planning and Trust Administration Attorneys Can Make Life Easier

Estate planning and trust administration attorney can do several things that make your life easier.  When a loved one passes, their estate may need to go through estate administration before it is settled.  There are several things associated with this process, and having an attorney to help can make the process run smoother.  An estate plan is essential.  This is your legacy.  It’s more than just going through what you own and who gets what one you have passed away. Even when your estate plan is spelled out, making sure your wishes are followed is difficult.  An estate planning lawyer can do several things you will not be able to do on your own.  

Probate?

Transferring the title to the property in the deceased’s name without a designated beneficiary is a process known as probate.  Each probate estate is different, but many undergo the same process.  First, a petition is filed in probate court. Notice to any heirs is sent if there is not a will.  A petition is filed to appoint someone to execute the will.  Inventory is taken, and the administrator of the estate conducts an appraisal.  Payment is made to creditors and assets are sold.  Payment of taxes is made.  Finally,the distribution of the estate is made to heirs.  The estate reimburses all expenses incurred by the executor. Executors also obtain reasonable fees for any services they provide, which must be approved by the court and the beneficiaries.  The executor is required to fulfill their duties with integrity, and if they fail to do so, the court holds them responsible.  Alameda Probate Attorneys are familiar with the process of executing an estate and know how to complete tasks without conflict.  

Trust Administration

Alameda Trust Administration Attorneys can assist as you plan for your future.  A trust is used to hold the legal title of a property.  This method is used to set assets aside for beneficiaries.  Trust administration is a process that ensures the management of your assets to protect the value of your beneficiaries. When trust administration is completed correctly, it can help ensure the prosperity of your trust and assist in paying off debt.   At times, probate is more than just handing out assets.  Lawyers defend the interest of their clients when disputes over debt, intent or beneficiaries come up.  Emotions can charge these disputes.  A trained attorney can help ensure everything runs smoothly and goes according to your plan.

Estate Planning

Estate planning attorneys in Alameda can do several things to make things easier. They can customize your will. They will not mess up the customizations you want to make.  You could do it yourself, but your life may not fit neatly into a fill-in-the-blank template.  Typically, life is more complicated than that, and your estate planning should be too. Attorneys can also avoid taxes associated with the estate and probate.  Using an attorney can prevent your estate from reaching probate.  Your lawyer can use death beneficiaries, gifts, and joint property ownership to keep your estate out of probate.  Another thing they can do is use a trust instead of just handing everything out.  A lawyer will be able to walk you through this process.  They also know what route fits your situation and they can let you know when you need to update your plan.  Alameda Estate Planning Attorneys can make sure your will reflects your wishes exactly how you want things to be carried out.  

Tseng Law Firm can assist with your trust administration and estate planning needs.  They can ensure that your wishes are carried out exactly how you want them to be.  

Alameda Estate Planning Attorneys

[auskultu]

Black Panthers Chant at Start of Newton Trial

Daryl E. Lembke, Los Angeles Times, 16 July 1968

OAKLAND — A tense atmosphere surrounded the long-delayed opening here Monday of Black Panther leader Huey P. Newton's trial on charges of killing a policeman.

Newton, 26, defense minister for the militant Black Panther Party for Self-Defense, was escorted into Superior Judge Monroe Friedman's court at 11 a.m. while several hundred of his followers circled the courthouse outside chanting, "Free Huey."

As he entered smiling, the defendant gave a clenched fist salute with his right arm to his six brothers and sisters in the courtroom front row. After sitting down, he turned toward the spectators section and made the same Black Power gesture to Eld ridge Cleaver, Black Panther minister of information. Cleaver returned the salute.

As Newton was still turned in his chair. Judge Friedman warned him sternly, "Mr. Newton, kindly face the bench."

Newton is charged in connection with the fatal shooting of John F. Frey Jr., 23, in an incident before dawn Oct. 28, 1967. He was indicted Nov. 13 by the grand jury on charges of first-degree murder, assault with a deadly weapon upon a police officer and kidnaping.

Prospective Jurors Excused Before examination of 47 prospective jurors could begin Monday, the judge excused them until this morning so that defense motions could be discussed out of their hearing.

Newton's attorney, Charles Garry, moved that the murder indictment be quashed on grounds that the process by which prospective jurors are chosen is unfair. Garry maintained that black persons and others with economic and cultural differences from the Caucasian majority are "systematically excluded" from juries.

Garry called Edward Schnarr, Alameda County jury commissioner, as the first witness in behalf of his motion.

Schnarr maintained that the 1,800 names chosen for jury panels every six months are picked entirely at random from voter precinct lists. He also described various reasons which are acceptable for getting excused from jury service.

Outside the 34-year-old courthouse and across the street, about 250 members of the Black Panther Party lined up in three files. They wore the black jackets and berets that comprise the organization’s uniform.

Although tight security prevailed inside the building, police were not present outside until a white demonstrator cut a flag pole rope, causing the American Flag to come floating to the ground.

Deputies Rescue Flag Several demonstrators seized the Flag as the crowd cheered. When an attempt was made to bum the Flag, 10 helmeted sheriff's deputies carrying nightsticks came out of the courthouse. The deputies rescued the Flag as demonstrators fell back.

Robert Avakian, 25, was arrested for petty theft in connection with cutting down the Flag. He was released on bail.

After this incident, Black Panther leaders cautioned the crowd against getting involved in any further confrontations with police and organized the circular march around the courthouse with "Free Huey" picket signs.

Addressing a crowd of about 300 persons from the steps of the courthouse Monday afternoon while the challenge of the jury selection process was being heard in the courtroom, Black Panther Chairman Bobby Seale said:

"If he (Huey Newton) is going to be tried at all, he's got to be tried by his peers—not the Negro maids working up on the hill but his peers, people on probation, people they've been running through their jails."

About three-fourths of the demonstrators were black. A guard of about 40 Black Panthers stood behind Seale as he spoke. They apparently were unarmed.

"Huey ain't on trial, the black people are on trial here," Seale declared. He said the demonstrations will continue for the length of the trial. Seale emphasized that there would be no attempt to fight the police.

Obediently Obeys When officers ordered an orange bus moved as Seale was speaking from its roof with an amplifier, he obediently climbed down and the bus drove off. Many in the crowd shouted, "pigs" at the officers who forced removal of the bus.

While cautioning against violence while the trial is on, Seale told the crowd: "If anything happens to Huey P. Newton, the sky's the limit, brother."

Among Black Panther members participating in Monday's demonstration were 25 from Los Angeles. Shermont Banks, their leader, said they expect to remain here for a week.

Newton, a handsome man of medium build, wore a gray suit and black turtleneck sweater for the start of his trial. Gariy made an unsuccessful last morning to get the State Supreme Court to order further postponement.

Among the 47 prospective jurors summoned into the tiny mahogany-paneled courtroom initially, six were Negroes.

Special arrangements were made by the judge to allow Newton's three brothers and three sisters to sit in the front row of the spectator section. Permission was also given by the judge for Newton's fiancee, Miss Laverne Williams, and his religious adviser, the Rev. Earl Neil, an Episcopal priest, to be admitted daily to the proceedings.

Newton was born in Louisiana in 1942, the youngest of seven children. The family moved a year later to Oakland, where Newton's father has been employed by the city street department for 20 years.

Newton was graduated from Berkeley High School, spent a year in San Francisco Law School and transferred to Merritt College in North Oakland.

[levelbar]

7 Aspiring Lawyers of Color Want You to Pay Attention to the DA Race

 This piece was written by the seven Scholars in the 2018 LevelBar cohort.

No position in America, no single individual has a bigger impact on the criminal justice system ― including police brutality, but the whole crisis of mass incarceration in general ― than your local district attorney.

--Shaun King, founder of the Real Justice Movement

Lady Justice might hold the scales, but there are surprisingly few checks and balances in our U.S. criminal justice system. While judges have recently been the focus of media attention, another figure in the courtroom wields similarly unchecked power over the impartment of justice, yet we don’t seem to pay her the same attention. One single person has complete authority to decide which crimes are to be prosecuted, what charges will be filed, and whether a child will stand trial as an adult.  Likewise, she decides who receives a plea deal. One person can recommend probation over prison and decide whether or not a police officer must answer for his or her crimes. That often-overlooked figure is the District Attorney, and her reach is unparalleled.

No law mandates the DA to pursue certain cases. In fact, there is no clear oversight of the DA’s decisions. The responsibility to limit or oversee a district attorney rests solely upon ALL OF US. Only the voters have the power to hold district attorneys accountable to the highest standards of integrity, fairness, and compassion. In 2002, about 79,000 more residents in San Diego county voted for governor than they did for district attorney, meaning many of us have willingly given up the most important tool to influence our criminal justice system. By emphasizing both the power of our vote and the role of the DA, we take a step forward toward reforming the current justice system.

If you’ve never had a run-in with the law, it may seem easy to ignore to the race for district attorney, but the stakes are too high for young people of color to do so.  According to the NAACP, “the United States makes up about 5% of the world’s population and has 21% of the world’s prisoners.” Representing 32% of the population, African Americans and Latinos made up 56% of the prison population in 2015. African American men in particular,  are being incarcerated at five time the rate of white men. In a report submitted to the Inter-American Commission on Human Rights, the American Civil Liberties Union writes, “These racial disparities result from disparate treatment of Blacks at every stage of the criminal justice system, including stops and searches, arrests, prosecutions and plea negotiations, trials, and sentencing. Race matters at all phases and aspects of the criminal process, including the quality of representation, the charging phase, and the availability of plea agreements, each of which impact whether juvenile and adult defendants face a potential LWOP sentence.” Further details of the report demonstrate the active role that the district attorney, as the lead prosecutor, plays in creating these disparities:

Racial disparities in sentencing also result in part from prosecutors’ decisions at the initial charging stage, suggesting that racial bias affects the exercise of prosecutorial discretion with respect to certain crimes. One study found that Black defendants face significantly more severe charges than whites, even after controlling for characteristics of the offense, criminal history, defense counsel type, age and education of the offender, and crime rates and economic characteristics of the jurisdiction.

Available data also suggests that there are racial disparities in prosecutors’ exercise of discretion in seeking sentencing enhancements under three-strikes and other habitual offender laws. For instance, a 1995 legal challenge revealed the racially biased role of prosecutorial discretion in the application of Georgia’s two-strikes law. Georgia prosecutors have discretion to decide whether to charge offenders under the state’s two-strikes sentencing scheme, which imposes life imprisonment for a second drug offense. They invoked the law against only 1 percent of white defendants facing a second drug conviction, compared to 16 percent of Black defendants. As a result, 98.4 percent of prisoners serving life sentences under the law were Black. In California, studies similarly show that Blacks are sentenced under the state’s three strikes law at far higher rates than their white counterparts.

The evidence that prosecutors contribute to systematic inequalities in criminal justice is nothing short of damning. It is clear that “equality under the law” is far from reality, and yet, we as voters fail time and time again to exercise our power to bring our country closer to this ideal. When officials are elected by the people, they must conform to the values of the electorate. Right now, we’ve shown our leaders that we are complicit in racial inequality, that we don’t value justice or equality, and that we will continue to elect them despite their racist sentiments and actions. What message will you send with your vote?

Many of us already know the lifelong impact of convictions. This impact compounds itself not only on people of color but on immigrants as well.   It is all too common that formerly incarcerated individuals encounter unreturned calls for interviews and are denied public services or assistance and immigration relief.  Those convicted of a felony are ineligible to vote in many states, contributing to a cycle of disenfranchisement and recidivism. Only racially diverse prosecutors who respect human rights above all else can remediate this crisis in the penal system. The District Attorney influences the level of prosecution, sways police action, and dictates the sentencing for the person being prosecuted. Therefore, the DA race is inescapably important. No matter where you live, it is in your best interest to be informed of what the DA’s track record has been within your community.

    As today’s immigrant population faces attacks from the highest levels of the government, the DA race gives us an opportunity to respond.  The DA’s prosecutorial choices can lead to even greater threats of deportation.  Such was the case for Roland Sylvain, a Haitian immigrant who faced deportation from the U.S. due to a “aggravated felony” conviction which stemmed from his use of a false name while receiving a speeding ticket. Harsh prosecution practices are part of the current war on the immigrant population and our choice for DA directly impacts the lives of individuals and the integrity of families.

The authors of this piece all reside in Alameda County.  For the fiscal year 2017-2018, 17% of Alameda county’s budget went towards incarceration and responding to crime. That number becomes disproportionately high when you compare it to the 1.2% of the county’s budget that went towards prevention services for at-risk youth. We would like to see a significant shift in these statistics. The upcoming election for the District Attorney in Alameda County involves two democratic candidates, Pamela Price and Nancy O’Malley. Pamela Price has been running her campaign as a progressivist as well as a reformist. Her goal is to unseat the incumbent District Attorney Nancy O’Malley by incorporating a humanitarian approach of  “justice with compassion.” Incumbent O’Malley runs with support that relies “heavily on police unions, attorneys from all over the bay area,” Governor Jerry Brown, and Senator Kamala Harris. O’Malley has been denounced by the East Bay Citizen, who opined that “Price’s campaign has been boosted by an outpouring of support from progressives in Alameda County, who believe O’Malley is ambivalent toward convicting police officers for wrongdoing.” The election is complex, as many powerful figures endorse O’Malley despite her less progressive appeal. Senator Harris has, according to Rockridge Patch, “formerly worked with O'Malley in the Alameda County District Attorney's Office before becoming a district attorney herself in San Francisco,” which may explain her endorsement of DA O’Malley. However, in addition to the substantial support O’Malley is receiving, Rockridge Patch has also acknowledged that “billionaire George Soros backs challenger Pamela Price.” This endorsement from Soros might level the playing field, giving Price the chance to compete, or weaken her campaign due to public distrust of billionaires and large individual donors.

The election of a District Attorney requires a fundamental evaluation of our values. We must make an informed choice. To be complicit in these races is to ensure the status quo. It is to say that we do not feel empowered to choose who we elect to hold our community and, importantly, our police accountable to the law. To vote can mean so much more. It can voice the pain of millions of American residents, especially those groups most disproportionately entwined in the criminal justice system. It can make clear that we not only expect but we demand that our prosecutors act without bias in choosing which cases to indict, plea deals to offer, and sentences to recommend, that they hold police officers to the highest of ethical standards and stand firm in prosecuting them to the fullest extent of the law when they abuse their authority.  We cannot stay silent in underscoring the importance of electing not only a just DA in areas with high concentrations of people of color,  but a just DA who has the boldness and courage to ensure that her functionaries are just as well. A vote can demand that no one be above the law and that everyone be treated equally under the law, one county at a time. What are your values? Do you know the values of the District Attorney whose sole discretion determines the direction of justice for your community? Why not?

Juan Martin Cabrales : “As the son of immigrants and a person of color, I care about the DA race because of the influence the office holds over my community. For several years I have worked professionally with numerous immigrants and can attest to fact that families have been torn apart due to low level crimes. A DA who is informed about the severe consequences certain convictions have on an individual’s immigration case is extremely important. Minor crimes such as possession or petty theft can create a catastrophe for a family unit. Our DA should be compassionate towards individuals who clearly do not pose a threat to the community. Furthermore, the DA has the power to sign certifications of cooperation, which are required for an immigrant obtain certain immigration benefits, such as a U Visa for victims of crimes. The DA race is a vital role in the criminal justice system and we should do our parts to be informed on the power they hold and who it will effect.”

Ausjia Perlow : “When I was younger, I always valued fairness above all and was taught that the American justice system did as well, that justice was blind treated everyone fairly. This illusion culminated in my aspirations to practice law. That naivete has since been replaced with a determination to be a changemaker, one who meaningfully brings that system closer to the ideals of equality and fairness that we purport to hold so dear. One of the easiest ways that we can all accomplish this is simply by electing District Attorneys who are also committed to being changemakers. We need more people willing to reject the status quo and to instead to adopt new methods to strive toward these higher aims of fairness, compassion, and justice.”

Gabriela Arroyo : “As a person color I have always felt unrepresented in politics. I also feel that the experiences of people of color are not taken into consideration properly, thus when DAs use their discretion they are not always aware of the impact their decision has on a person who is already at a (structurally) racial disadvantage. Therefore, It is essential to make changes by electing DAs who can relate and understand the communities that they are involved with. DAs should be able to understand the full effect of a cyclical approach, and should hold values that incorporate rehabilitation, reintegration, and community-based programs.”

Kimberly Anne Verzano : “Race, power and privilege are factors that perpetuate the problem of structural inequalities within the American Legal Justice System. As a woman and a first generation Filipino American, I understand and relate to the struggles that people of color face. Minorities are not always at the forefront of power but are more often crushed by those who possess it. Historically, people of color have been exploited for their labor or victimized by the legal system because they cannot afford exceptional legal aid. In the 21st century, police brutality especially in Oakland is a major contributor to social injustice. The police need to be held accountable and the only way we can do this is by electing the right District Attorney [DA]: someone who is aware of the racial inequality within the American Justice System and is willing to be the main advocate for underprivileged communities. Take Oakland, for example, a city of diverse cultural backgrounds, where minorities from impoverished communities have been disproportionately represented. Historically, Oakland’s reputation in incarceration has heavily been focused on specific minorities such as Black and Brown bodies.”

Ashley Lopez Figuera : “I care about the DA race because the District Attorney’s decisions help determine the fate of my Latino and immigrant community. Is it one filled with fear of authority? Or with a sense of safety and tolerance? Can I see people from disadvantaged backgrounds beating the odds and rising to powerful positions? Or wasting their untapped potential in a jail cell? I want my loved ones to have an equal opportunity to live life to the fullest, and I am sure you do too.”

Feven Ezra :  “The DA race is the most important sector in this primary election simply because of the effects it brings to the Alameda County. Without an individual with integrity and understanding of the community in which they operate, the city that I live in will not encourage and support the folks that have lived here for generations but rather will accommodate people and corporations that choose to criminalize and equate humans with profitable gains. I am eager to participate in the 2018 DA elections because I want to decriminalize the youth and people of color that are facing incarceration for petty crimes.“

Hideyasu Kurose : “When I was living in South Central, people of color from my neighborhood were arrested, sequestered, and ultimately incarcerated on a moment by moment basis.  I recall that many were labeled gang members and profiled as gang members but these hard-working men and women were simply blue-collar workers lacking sufficient funds to pay basic parking fines, car registration, or exorbitant tax assessments.  Functionaries of the LA District Attorney would ensure that these hard-working men and women spent the maximum amount of time in prison so that their resolve would be broken prior to their trial.  There is no doubt that many among them who had never encountered gang members before, certainly encountered them in LA County jail.  Therefore, the rapid apprehension and incarceration of my neighbors by the LA County DA’s office not only promoted prejudice, it fueled gang recruitment by putting hard-working men and women of color in prison side-by-side with established gang members.  If poor people could afford bail, then gang exposure awaiting trial would be limited but as the searing op-ed of Kamala Harris and Rand Paul in the NY Times confirms, most poor people of color cannot afford bail.”

[multipleservicelisting]

Master Tenant Pleads Guilty to Involuntary Manslaughter in Ghost Ship Fire

The master tenant of a warehouse that had been converted into a ramshackle artists’ collective in Oakland, Calif., pleaded guilty to 36 counts of involuntary manslaughter on Friday, four years after a fire tore through the building, killing 36 people, court records show.

The master tenant, Derick Almena, entered the pleas in Alameda County Superior Court, avoiding a second trial after his first trial ended without a verdict in 2019.

Mr. Almena was one of two people who had been criminally charged in connection with the fire — the other was found not guilty in 2019 — and his pleas came after several twists in the case had infuriated victims’ families.

The Alameda County District Attorney’s Office said Friday that it could not comment because of a gag order issued by Judge Trina Thompson. Mr. Almena’s lawyer, Tony Serra, did not immediately respond to messages.

But Mary Alexander, a lawyer representing the families of 13 victims, said the families were outraged with the plea agreement, which she said would allow Mr. Almena to avoid additional time behind bars when he is sentenced on March 8. Mr. Almena was in jail for about three years after he was arrested and charged in connection with the fire; he was released on bail last year.

Ms. Alexander said prosecutors had told the families that although Mr. Almena would receive a nine-year prison sentence, he would be credited for time served and good behavior, which could allow him to serve the remainder of his sentence — roughly a year and several months — at home with an ankle bracelet. After that, he would be expected to complete three years of probation, Ms. Alexander said.

“This is really a crushing blow for the families,” Ms. Alexander said. “It’s not enough time behind bars. They feel like it’s not justice and they’re not holding him accountable for killing 36 beautiful young people.”

Colleen Dolan, whose daughter, Chelsea Faith Dolan, 33, was killed in the fire, said it was not fair to allow Mr. Almena to serve his sentence at home when many are already stuck at home because of the coronavirus.

“We’ve all been sitting at home,” she said. “We’ve all been living in isolation for a year. And this is supposed to be justice? It just isn’t.”

The warehouse, which housed an artists’ collective known as the Ghost Ship, burned during a late-night party on Dec. 2, 2016.

Many of the residents had been living there in violation of zoning laws, and the fire highlighted the failure of Oakland’s leaders to enforce building and fire codes. The inferno also became an emblem of the rising cost of living in the Bay Area, which led many artists and young people to seek shelter in the run-down building.

Prosecutors said Mr. Almena, who was the lease holder, had moved into the warehouse with his family in violation of the lease, the Oakland municipal code and the California state fire code.

He then began to sublet space to people inside the warehouse, and encouraged residents to create their own living spaces from unconventional materials he had collected, including dry wood, fence boards, shingles, window frames, wooden sculptures, tapestries, pianos, organs and rugs, prosecutors said.

The flammable material became kindling for the blaze, which quickly consumed the building. Many of the victims were attending a party on the second floor and were unable to escape down the staircase.

Derick Almena pleaded guilty to 36 counts of involuntary manslaughter in connection with the December 2016 fire.Credit…Alameda County Sheriff’s Office, via Associated Press

Mr. Almena and Max Harris, whom prosecutors described as Mr. Almena’s right hand in managing the warehouse, were arrested in 2017 and charged with 36 counts each of involuntary manslaughter.

In 2018, prosecutors announced that they had reached a plea deal with Mr. Almena and Mr. Harris, in which the defendants had agreed to plead no contest to the charges.

Under the deal, Mr. Almena would have served nine years in prison, and Mr. Harris six years. But a month later, after an outcry from families who condemned the deal as too lenient, a judge rejected the agreement, setting up a trial.

During closing arguments, prosecutors called the warehouse a “death trap” and dismissed the defense’s claims that arsonists might have been responsible for the blaze. Witnesses had testified that there were no smoke alarms or sprinklers, and that Mr. Almena once laughed off the suggestion that the warehouse was dangerously susceptible to fire.

After three months of testimony, Mr. Harris was acquitted in September 2019, and the jury told Judge Thompson that they could not reach a verdict on the charges against Mr. Almena.

In July, the City of Oakland agreed to pay nearly $33 million to settle lawsuits filed on behalf of the victims.

Ms. Dolan said that victims’ families would be able to make impact statements on March 8, when Mr. Almena is sentenced. She said it was impossible, however, for the families to convey their “disappointment with this feeble plea bargain.”

Ms. Dolan said her daughter, an electronic musician who performed under the stage name Cherushii, had agreed to perform at the Ghost Ship to support a label mate on the night of the fire.

“She and all the other friends in this artistic community, whether it was artists or whether it was fans, they all showed up to support one of their own, and they all died,” Ms. Dolan said. “There’s no way we can put into words the deep, deep sorrow we feel.”

    Multiple Service Listing for Business Owners | Tools to Grow Your Local Business

www.MultipleServiceListing.com 

from Multiple Service Listing https://ift.tt/39WYE31

[bzalma]

A Lie Under Oath to an Insurer is a Felony

Posted on July 9, 2020 by Barry Zalma

Swinger Shot by Unhappy Swinger Lies to Get Insurance Benefits and is Convicted of Fraud and Perjury

John Alfonzo Smiley and Cynthia Biasi-Smiley were both charged with presenting a false and fraudulent insurance claim, insurance fraud, concealing an event affecting a person’s right to insurance benefits, two counts of attempted perjury, and presenting a false claim to a state board. A jury found both defendants guilty of the two attempted perjury counts and could not reach a verdict on the other charges. At a subsequent bench trial, defendants were each found guilty of the remaining counts. The trial court suspended imposition of sentence as to the defendants and placed them both on five years of formal probation.

In The People v. John Alfonzo Smiley, The People, v.  Cynthia Biasi-Smiley, C081566, C081737, Court Of Appeal Of The State Of California Third Appellate District (Sacramento) (June 26, 2020) the defendants appealed their convictions for attempted perjury but not the other counts.

BACKGROUND

The Shooting and Statement to the Police

In 2008, Smiley was a correctional officer for the Department of Corrections and Rehabilitation, driving and escorting inmates from one secured facility to another. He and Biasi-Smiley were married. On April 27, 2008, he was shot in the back and rendered paraplegic while walking with his wife in the North Beach section of San Francisco. Smiley and Biasi-Smiley were interviewed about the incident by San Francisco police and gave the following rendition of the events:

Defendants went to Twist, a swingers club in North Beach.  Arriving at around midnight, they paid the $80 entrance fee and went upstairs to the “play area,” where people were engaging in sex in plain view.

Biasi-Smiley took off her dress and performed oral sex on Smiley. An attractive young woman came up to them, and a young, well-dressed man with the woman motioned to Smiley. Smiley and the man nodded at each other, indicating an agreement to switch partners. Smiley and the other woman began engaging in intercourse, as did Smiley-Biasi and the other man.

After a couple of minutes, the man came over and accused Smiley of not wearing a condom.  The, believing Smiley did not use a condom, asked Smiley if he had a weapon; Smiley said he did not. The man then told Smiley, “I got a nine, and I’m going to kill you.”

As the Smileys walked to their car, a luxury sedan sped up from behind, pulled up sideways, and stopped. The man from the club got out of the car and said, “I told you I’m going to kill you.” Smiley and Biasi-Smiley started to run but the man shot Smiley in the back, rendering him paraplegic.

The Claims

In April 2009, Smiley filed a workers’ compensation claim, asserting he had been shot by a former inmate. Neither Smiley nor Biasi-Smiley mentioned, either on the form or to the adjuster, being at Twist, Smiley’s having sex with the other woman, or his being threatened by her companion due to his alleged failure to wear a condom.

The claim sought a permanent disability payment of more than $2 million, plus a like amount in home health expenses, for a total claim of around $4 million. The claim was estimated by the State Compensation Insurance Fund (SCIF) to be worth $2.44 million. Biasi-Smiley subsequently filed a lien for $271,680 against Smiley’s workers’ compensation claim for ongoing medical expenses.

Smiley claims were denied and he appealed the denial; he and Biasi-Smiley were deposed by an SCIF attorney on October 15, 2009. Smiley told the deposing attorney he constantly faced threats of violence from inmates. According to Smiley, one time an African-American inmate from Alameda County did not like the way Smiley was talking to him and threatened to “put some le[a]d” in Smiley.

In her first deposition she testified the man said to Smiley, “You know what I do for a living? I kill people. And I’m going to kill you.” Smiley said to Biasi-Smiley, “Let’s go. That’s a parolee.”

SCIF incurred costs of $22,176.36 for medical evaluation, investigative expenses, and legal fees associated with the claim. Smiley filed a disability retirement selection with California Public Employees’ Retirement System (CalPERS) on March 4, 2010, seeking “industrial disability” benefits. These benefits were available only if the disability was work-related, with much greater monthly payments than those for retirement due to disabilities not related to work. CalPERS generally defers to SCIF when determining whether an injury is work-related.

CalPERS denied the request for industrial disability, but approved him for regular disability retirement. Smiley’s monthly disability check was $574 at the time of trial. He would receive $3,002 a month with a retroactive payment of $18,717.63 had his work-related disability retirement been approved.

Defense Evidence

Testifying on his own behalf at the jury trial, Smiley maintained he told the truth at both depositions. He did not mention the swingers club incident during the deposition because he did not believe it had anything to do with the shooting, and the condom issue was a known risk of a partner swap. Smiley thought the shooter agreed to swap partners because he did not immediately recognize Smiley as a correctional officer, and later used the condom allegation as a ruse so he could try to kill Smiley. He recognized the man was an Alameda County parolee two days after the shooting.

DISCUSSION

The elements of perjury are a willful statement, made under oath, of any material matter which the declarant knows to be false. The appellate court’s sole function is to determine if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. The making of a deposition is deemed to be complete from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. A “complete” deposition transcript is one that has been executed, i.e., signed by the deponent. If a defendant has not signed his or her deposition, it may not be used to convict him or her of perjury.

There is no evidence either affidavit was signed by Smiley or delivered. Rather than being prosecuted for perjury, Smiley was charged with and convicted of attempted perjury. An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission. Perjury cannot be committed unintentionally so attempted perjury is a crime.

There is ample evidence Smiley knowingly made false, material statements in both depositions about the events leading up to his shooting. Also, Smiley had motive to make these false statements. If his misrepresentations about the cause of his shooting were believed, his injury could be deemed related to his work and he would stand to receive significantly more money than if the injury was found not work-related

Sufficient evidence supports an intent to commit the crime of perjury by making false material statements in the depositions in order to collect substantially larger payments from the state. Making those false statements with that intent but failing to sign and execute the depositions is a classic example of an attempted crime, a specific intent to commit perjury with a willful but ineffective act to do so.

Sufficient Evidence of Presenting a False Claim

A person aids and abets the commission of a crime when he or she, acting with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime. Biasi-Smiley helped Smiley fill out the claim form he submitted to CalPERS that forms the basis of the section 72 charge. She filled out all or parts of six pages of the eight-page form. She filled out all of page two, which included the statement that Smiley was shot in the back by a parolee. She also signed the form, which could not be processed without the signature.

The trial court could reasonably find that filling out most of the form and signing it was an act to facilitate Smiley’s fraudulent industrial disability retirement claim to CalPERS, she did so with knowledge of the claim’s fraudulent purpose, and did so with the intent of facilitating the fraudulent claim. Substantial evidence supports her conviction on an aiding and abetting theory.

ZALMA OPINION

It is unfortunate and sad that a correctional officer of the state of California was willing to lie to obtain benefits he knew, or should have known, he was not entitled to receive. That he was shot in the back by a “swinger” who was offended that he had sex with a strange woman at a swingers club without a condom, clearly had nothing to do with his occupation. Creating a story that the shooter was a parolee and getting his wife to support the false claim resulted in both of them being convicted of insurance fraud and attempted perjury. They were fortunate that they were only sentenced to probation.

© 2020 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant  specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as a

n insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 52 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts

Go to Zalma on Insurance on YouTube- https://www.youtube.com/channel/UCFg7qxC0tVgKcMUqoUfnwPw

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[kansascityhappenings]

This is the California prison where Felicity Huffman wants to spend her 14-day sentence

Now that Felicity Huffman has been sentenced to 14 days in prison for her role in a massive college admissions scam, attention has turned to where she’ll spend her time behind bars.

In federal court in Boston Friday, Huffman’s attorney requested the actress be allowed to spend her 14-day prison sentence at a federal correctional institution in Dublin, California. It’s a “low security” correctional institution with 1,235 female inmates in Alameda County, about 35 miles outside of San Francisco.

The Bureau of Prisons (BOP) has the final authority to decide where Huffman will serve time when she reports to the bureau on Oct. 25.

As an inmate at Federal Correctional Institution Dublin, the “Desperate Housewives” actress would have to don khaki clothing with her name and inmate number.

She’d have to make her bed by 6:30 a.m. — except on weekends and holidays, when inmates can sleep in and have their bed made by 10 a.m. — according to an inmate orientation handbook posted on the prison website.

But there are some comforts. For example, inmates at FCI Dublin can sunbathe on the weekends, but they have to wear a shirt and shorts, the handbook says.

Inmates can watch the lobby television until 8:45 p.m. during the week, or until 11:45 p.m. on the weekends. Each month they are allowed to spend up to $320 at the commissary.

Huffman, who was accused of spending $15,000 to have the scam’s mastermind boost her daughter’s SAT scores, was the first of more than 30 parents charged in the scam to be sentenced. She had pleaded guilty to conspiracy to commit mail fraud and honest services mail fraud.

As part of her sentence, Huffman will also have to serve one year of probation, pay a $30,000 fine and perform 250 hours of community service. It’s not immediately known how she will perform her community service.

FCI Dublin previously housed Sara Jane Moore, who attempted to assassinate President Gerald Ford in 1975, and Autumn Jackson, who was convicted of trying to extort Bill Cosby for $40 million. Jackson’s conviction was later overturned, 14 months into a 26-month sentence.

The BOP takes a number of factors into consideration when assigning an inmate to a facility, it said in a statement.

“These factors include the level of security and supervision the inmate requires, medical and programming needs, and other considerations including proximity to an individual’s release residence or court hearings,” the agency said.

Huffman ‘deeply ashamed,’ she says

More than 50 people — parents, coaches, test administrator and conspirators — were charged in the scandal, in which prosecutors said mastermind William “Rick” Singer either facilitated cheating on standardized tests or bribed college coaches to give students an advantage in the admissions process.

Of those charged, more than 30 are parents accused of conspiring with Singer. More than a dozen of them have pleaded guilty to conspiracy to commit fraud, like Huffman.

Huffman, along with the actress Lori Loughlin, was among the most high-profile parents swept up in the scandal, dubbed “Varsity Blues.”

On Friday, with about a dozen loved ones in court to show their support, Huffman apologized to the judge, her daughters and husband, actor William H. Macy.

“I am deeply ashamed of what I have done,” she said. “At the end of the day I had a choice to make. I could have said, ‘no.’”

Prosecutors had suggested Huffman spend one month in prison and pay a $20,000 fine.

Assistant US Attorney Eric Rosen cited a letter Huffman submitted to the judge last week, in which Huffman said she participated in the scheme in an effort to give her daughter “a fair shot.”

“With all due respect to the defendant,” Rosen said, “welcome to parenthood.”

“Most parents have the moral compass and integrity not to step over the line,” he said. “The defendant did not.”

In a written statement released to the media, Huffman also apologized to “the students who work hard every day to get into college, and to their parents who make tremendous sacrifices supporting their children.”

“There are no excuses or justifications for my actions,” she said. “Period.”

from FOX 4 Kansas City WDAF-TV | News, Weather, Sports https://fox4kc.com/2019/09/16/this-is-the-california-prison-where-felicity-huffman-wants-to-spend-her-14-day-sentence/

from Kansas City Happenings https://kansascityhappenings.wordpress.com/2019/09/16/this-is-the-california-prison-where-felicity-huffman-wants-to-spend-her-14-day-sentence/