Sunday, June 27, 2010

From Where I Stand: Step 132


As reported last week a jury found a counselor at a Youth Correctional Facility here in the great state of California had violated the civil rights of four of the wards at the facility. Attorney General Jerry Brown’s office represented all three defendants: the counselor, the superintendent of the facility, and the state director of juvenile justice. They were ordered to pay awards totaling more than a million dollars, and attorney fees plus punitive damages that the judge is working to assess. To date there has been no response from Jerry Brown, Meg Whitman, anyone associated with the campaigns for governor, or any of the major media outlets in the state.

Perhaps Meg Whitman found herself too busy defending her own actions. In an article in Friday’s Los Angeles Times, Whitman, who was the CEO of EBay in 2007 when the incident took place, stated, “Young Mi Kim and I had a verbal disagreement and it escalated and I actually, as the New York Times accurately reported, you know escorted her out of the room and then I went back to what I needed to do in that meeting.”

It is unlikely we will ever know the exact content of the disagreement, or the level of force exerted to escort Ms. Kim, but whatever it was Kim reportedly received a $200,000 settlement. This figure is slightly less according to my source than the quarter of a million dollars the attorney general spent for expert witnesses whose purpose was to solidify the defense of the aforementioned correctional officials.

When asked if Attorney General Jerry Brown knew about this expenditure my source responded by asking, “What do you think? Who else is going to approve spending that kind of money?”

During the past week I also learned that while the attorneys for the plaintiffs have spent six years putting this case together none of them have been compensated, and may have to wait for the outcome of any appeal the state may file on behalf of the defendants. Meanwhile, I also learned, outside counsel retained to assist the state was paid for by the prison guard union.

Again, this is the same union that is contributing large sums of money to elect Jerry Brown governor of California. Of course if Meg Whitman continues to have questions raised about her temper, management style or abuse of employees, there may not be anyone qualified other than the Ella Baker Center for Human Rights to ask why when a unanimous jury finds “clear and convincing” evidence that the defendants violated the civil rights of these four former wards is the state still considering their appeal.

A logical person might further question whether this civil case warrants some form of criminal prosecution. As I recall, Jerry Brown was the tough on crime mayor of Oakland, and has spent time as attorney general portraying himself as a protector of innocent victims. Naturally the burden of proof is different in a criminal case, but at least it might say the state of California cares about its citizens, even incarcerated ones, more than someone who uses his position as a state employee to abuse those citizens.

What do you think? Tell us in the comment section. Or, write Jerry Brown and Meg Whitman and tell them what you think about this case.

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