San Francisco Sheriff’s Department

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Domestic violence advocate says Mirkarimi case not over

San Francisco Sheriff Ross Mirkarimi

San Francisco Sheriff Ross Mirkarimi plead guilty today to one count of misdemeanor false imprisonment in the domestic violence case that’s plagued the new sheriff since before he took office. In exchange, the district attorney dropped three additional charges against the sheriff, including domestic violence. Mirkarimi is expected to be sentenced to three years of probation, 100 hours of community services, around $600 in fines, and a year of anger management counseling. Mirkarimi’s legal battle appears to be over, but the case is bound to follow him for years, as he defends his job, his ability to lead a law enforcement office, and his progressive political credentials. Minouche Kandel, a staff attorney for Legal Aid in San Francisco, who represents domestic violence victims in family court and immigration matters, led protests against the sheriff when Mirkarimi originally denied his guilt and called the New Years Eve incident “a private matter.” I spoke with Kandel earlier today about the verdict.

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Who threw a flash-bang grenade at the protesters aiding Scott Olsen?

[UPDATED 11/1/11: A new video shot by Ernest Doty, one of the people who carried Scott Olsen to safety on October 25, offers yet another angle of the incident. In the video, an unidentified man who helped carry Olsen says police on the line used shotguns to fire beanbags at the crowd.]

As Marine veteran Scott Olsen’s health slowly improves after having his skull fractured by a projectile, most likely a police projectile, on the night of October 24, speculation continues to swirl about what hit Olsen and where it came from. In addition to Oakland Police, officers from the San Francisco Sheriff’s Department, Alameda County Sheriff’s Department, Palo Alto Police Department, and California Highway Patrol were deployed as mutual aid at the intersection of 14th Street and Broadway.

Video from the skirmish line on Tuesday evening shows an officer holding a shotgun retreat from the front line of the barricade, then lob a flash-bang grenade into the crowd trying to help Olsen.

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So you want to be sheriff

San Francisco hasn’t had a new sheriff since 1979, when Sheriff Mike Hennessey was first elected to the post. Now, following Hennessey’s decision to retire, there are three men looking to take his place: Chris Cunnie, Ross Mirkarimi, and Paul Miyamoto. As the race progresses, San Franciscans are learning not only more about these three candidates, but about the sheriff’s office in general–a piece of the criminal justice system that’s had the same leader for over three decades. Last night, the candidates met in a debate at the University of San Francisco. Here’s a brief summary of the candidates and their platforms:

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Secure Communities: No way out for San Francisco

ICE

Courtesy of ICE

Immigration and Customs Enforcement

It’s official: San Francisco will not be allowed to opt out of Secure Communities, a federal fingerprint-sharing program that targets undocumented immigrants. Sheriff Mike Hennessey met with officials from Immigration and Customs Enforcement this morning for about an hour and a half. Eileen Hirst, the sheriff’s chief of staff, says that the head of Secure Communities, David Venturella, told them that if a state signs up for the program, cities and counties don’t have a choice. That means San Francisco, Santa Clara, and Arlington, Virginia will continue to have their jailhouse fingerprints sent to an ICE database. The only locality that’s been able to get out of the program is Washington DC, which isn’t under the jurisdiction of any state.

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Q&A: Attorney Angela Chan on immigrants and policing

Asian Law Caucus

Today, a group of immigrants rights advocates filed an emergency injunction to obtain Immigration and Customs Enforcement files related to the department’s Secure Communities program.

San Francisco was brought into the program in June. Run through Immigration and Customs Enforcement, the program uses fingerprints collected at local jails to track undocumented immigrants who are accused or convicted of crimes. The program has come under fire from immigrants rights groups, as well as San Francisco’s Board of Supervisors and county Sheriff Mike Hennessey for deporting non-criminals and straining the relationship between police and immigrant communities. According to documents obtained through the Freedom of Information Act, approximately 26 percent of those deported through the program have been non-criminals and 70 percent have been accused or convicted of low-level offenses. San Francisco has tried to stop participating in the program, but has not been able to opt out so far. Angela Chan, an attorney with the Asian Law Caucus and a member of San Francisco’s Police Commission, has been among the city’s critics of Secure Communities. I sat down with Chan in her office earlier this week.

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Creative ways to get out of federal programs

ICE

Courtesy of ICE

Immigration and Customs Enforcement

We reported last week on a potential back door out of the federal Secure Communities program, which shares fingerprints between the FBI and Immigration and Customs Enforcement. San Francisco has been trying to get out of the program since before it was implemented here in June. But it’s unclear whether the ICE will let the county out. And for now, for each person who’s booked at the county jail, their fingerprints are sent to ICE, and if the agency suspects they’re in the country illegally, they can ask the sheriff to detain the person for 48 hours. ICE had previously identified ways for communities to opt out of the program (as some are concerned that it’s using police to round up undocumented immigrants and sours the relationship between police and immigrant communities). A couple weeks ago, ICE started saying that communities have no choice: jails already send info on arrestees to the FBI to see if there are interstate warrants or federal investigations into whoever they book–ICE says they’ll just continue to get information on those arrested from their federal partner. But it turns out, local communities have their own options as well, and there may be some back doors out of the program. Namely, communities like San Francisco could:

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Is there really no way out of SComm?

That’s what the Washington Post says. Local leaders disagree.

Earlier this week, two counties passed resolutions requesting to opt out of the federal Secure Communities program: Santa Clara, CA and Arlington, VA. And San Francisco has been trying to opt out of the program since before it was implemented in the city back in June. Just as a brief refresher, Secure Communities was initiated in March 2008 as a means of cracking down on “criminal aliens” in the US. The program, Immigration and Customs Enforcement says, uses modern technology to locate and apprehend undocumented immigrants who commit crimes. The idea is that when a person is arrested and booked at the county jail, their fingerprints automatically get sent to ICE and therefore ICE has the opportunity to check and see if they’re wanted for crimes, and also subject to deportation. Localities like San Francisco, Washington DC, and now Santa Clara and Arlington have sought to get out of the program. They say Secure Communities, which has consistently been referred to as “voluntary” by the Department of Homeland Security, sours the relationship between immigrant communities and law enforcement, and has the unstated purpose of rounding up undocumented immigrants who are arrested for minor crimes or who are guilty of no crimes at all. (ICE doesn’t see it that way.) Regardless, getting out of the program has been difficult. And an article today in the Washington Post alleges it’s actually impossible, by virtue of the fact that jails already share fingerprints with the FBI:

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The Blotter: Friday, September 24

Suspected Burglar Arrested After Car Chase, Crash In Mission District The suspect and a bystander suffered minor injuries. (SF Appeal)

Inmate death at SF county jail ruled homicide The family of Issiah Downes plans on suing for wrongful death; no criminal charges have been filed. (SF Appeal)

Los Angeles judge to review ownership of jumbo emerald Several people claim the gem, which weighs as much as a horse, is theirs. (The San Jose Mercury News)

Man who pimped handicapped girlfriend arrested After surrendering at an SF police station Tuesday night. (The San Jose Mercury News)

Thief sinks yacht in Estuary Alameda police say an unknown person stole engine equipment from a boat before sinking it. (Inside Bay Area)