Los Angeles Times - 06.08.2019

(Darren Dugan) #1

A12 TUESDAY, AUGUST 6, 2019 WSCE LATIMES.COM


general’s office, drawing
praise from civil rights advo-
cates and scant resistance
from law enforcement.
At the same time, Harris,
the state’s first black attor-
ney general, steered clear of
the legislative brawls over
bills on policing, including
what became a ground-
breaking law to curb racial
profiling. Harris also re-
jected pleas by civil rights
activists to investigate
deadly police shootings of
young black men in Los An-
geles and San Francisco.
“She is maybe a modest
reformer, and that’s fine,”
said Anne Weills, an Oak-
land civil rights attorney.
“But I don’t think that
means she is particularly
progressive. She doesn’t
look at the big picture about
how to make structural
change.”
For months, Harris has
been fending off accusa-
tions, most recently in a de-
bate Wednesday, that she
did too little to fight racial bi-
as in the criminal justice sys-
tem.
Harris told The Times
she was frustrated by the
slow pace of change, but
pointed to progress made
during her tenure.
“You’d be hard-pressed
to find any other attorney
general in America who at
that time was doing the kind
of transformative work that
we did,” Harris said.
Harris had been attorney
general for nearly four years
when a white police officer
shot and killed Michael
Brown, an 18-year-old black
man in Ferguson, Mo. The
shooting on Aug. 9, 2014, re-
shaped the politics of race
and law enforcement in
America.
Video of Brown’s body,
left facedown in the street in
a pool of blood for four hours,
went viral on social media.
Over the next several days,
images of white cops in mili-
tary vehicles firing tear gas
and rubber bullets at mainly
black protesters came to
symbolize police violence
against African Americans.
Police shootings became
major news in the months
that followed as they were


captured in smartphone
videos that spread nation-
wide.
“The death rate from po-
lice use of lethal force has
been stable for a long time,”
said Franklin Zimring, a
criminologist and law pro-
fessor at UC Berkeley. “What
happened with Ferguson ...
was people started to notice
that these things kept hap-
pening.”
Civil rights groups
pressed for new limits on po-
lice power. Law enforce-
ment, feeling besieged,
fought many of the propos-
als.
For Harris, the timing
was difficult. Police unions
had overwhelmingly op-
posed her when she first ran
for the job in 2010, in part be-
cause she had declined to
pursue the death penalty
against the killer of a San
Francisco police officer,
Isaac Espinoza, when she

was the San Francisco dis-
trict attorney. She labored
hard to secure their over-
whelming support in her run
for reelection.
“She had to walk a fine
tightrope,” said Brian Mar-
vel, a San Diego police officer
and president of the Peace
Officers Research Assn. of
California, the state’s top po-
lice advocacy group.
But civil rights advocates
also set high expectations.
“We always hope that be-
cause you look like us, you
talk like us, you walk like us,
you come from where we
come from — that you’re not
just reading about this in the
news. You know there is a
war being waged against
black bodies,” said Cat
Brooks, an Oakland activist
who thought Harris fell
short.
California lawmakers put
police accountability high
on their agenda after Fergu-

son. Among the most con-
tentious bills was one
pushed by civil rights or-
ganizations to collect data
on the race of everyone
stopped by police statewide
to shed light on racial profil-
ing.
Police groups — still a
powerful political force in a
state that has only recently
tempered its strict law-and-
order culture — resisted the
bill, arguing it would be too
burdensome.
Harris declined to take a
position. After Jerry Brown,
then governor, signed the
bill into law, Harris won
credit from civil rights
groups for drafting strong
rules putting it into effect.
Bill Lockyer, a former
state attorney general, said
Harris avoided battles in the
Capitol, just a few blocks
from her Sacramento office,
and concentrated instead
on running her own agency.
“I saw it as a general re-
luctance to have an active
legislative role,” said Lock-
yer, a onetime state Senate
leader who remained closely
engaged in lawmaking as at-
torney general.
Daniel Suvor, Harris’
chief policy advisor at the
time, said her preference
was “to work directly with
law enforcement and the civ-
il rights community to get
things done as opposed to
engaging in superfluous dia-
logue.”
Harris’ authority over po-
lice practices was limited. In
a state with nearly 80,000 po-
lice officers, the attorney
general employed only
about 300 — special agents
who investigate healthcare
fraud, gun violations and
drug crimes. By November
2015, all agents in the field
were equipped, on Harris’
order, with body-worn cam-
eras.
Some advocates were
seeking mandatory body
cameras for nearly every offi-
cer in California. They tried
unsuccessfully to pass a bill
to create a statewide stand-
ard for their use. Harris
spurned the proposal, say-
ing she opposed a “one-size-
fits-all approach.”
Another Harris project

was anti-bias training for
law enforcement agencies
statewide, which proved
popular. More than two doz-
en agencies participated in
the first course. It remains
part of the state’s formal offi-
cer training.
Harris’ signature
achievement from this pe-
riod was Open Justice, an
online portal that, for the
first time, made a wide array
of criminal justice data avail-
able to the public, including
tallies of deaths and injuries
in police custody.
“She saw there was so
much emotion and anecdote
around the criminal justice
reform conversation, and
she wanted to inject data,
facts and evidence into the
conversation,” Suvor said.
It was the rare initiative
embraced by both police
and reform advocates.
“That was really, really
helpful to the movement, be-
cause there was no place
that we could look at in-cus-
tody deaths at the hands of
law enforcement prior to
that,” said Melina Abdullah,
a Black Lives Matter organ-
izer who chairs Cal State
L.A.’s Pan-African studies
department.
Harris was less success-
ful in dodging political
fallout when it came to calls
for state investigations of
high-profile shootings. Civil
rights advocates viewed lo-
cal prosecutors as inher-
ently compromised in cases
against police they worked
closely with every day.
State intervention in lo-
cal cases was a fraught issue
for Harris. In 2004, Lockyer,
then attorney general, had
second-guessed her refusal
to seek the death penalty for
the killer of Espinoza, open-
ing his own investigation
into her decision. He ulti-
mately sided with Harris.
“There’s no question that
has influenced and did influ-
ence my perspective on
this,” Harris said, adding she
believed local officials are
best held accountable by
voters.
Community activists
urged Harris to investigate
two high-profile police
shootings in California —

Ezell Ford’s death in Los An-
geles in 2014 and the 2015
killing of Mario Woods in San
Francisco — but she de-
murred, saying she lacked
legal grounds to overrule lo-
cal prosecutors.
“I wouldn’t even say dis-
appointed is a strong
enough word for how we felt
about how she did as attor-
ney general,” said Kim Mc-
Gill, an organizer with the
Youth Justice Coalition.
Critics suspected a politi-
cal motive behind Harris’
stand against state probes of
the L.A. and San Francisco
police shootings.
“When she was running
for attorney general, she was
already running for presi-
dent,” Weills said. “It’s a very
calculated process. For her
to start to alienate the whole
law enforcement establish-
ment by taking on these in-
vestigations ... it might have
destroyed her career.”
A 2015 bill, which failed to
pass, would have required
the attorney general to ap-
point a special prosecutor to
take on cases involving po-
lice use of deadly force. Har-
ris declined to support it.
Yet Harris did not always
take a hard line against state
probes of local police mis-
conduct. She privately
asked the governor for mon-
ey to create teams of prose-
cutors to conduct such in-
vestigations in jurisdictions
that consented to them.
Brown refused, she told The
Times.
After she won election to
the U.S. Senate, and in her fi-
nal days as attorney general,
Harris opened civil rights in-
vestigations into the Kern
County Sheriff ’s Office and
the Bakersfield Police De-
partment, which remain on-
going under her successor,
Atty. Gen. Xavier Becerra.
Now, as she runs for pres-
ident, Harris has more force-
fully backed independent in-
vestigations of police wrong-
doing. She has promised the
U.S. Justice Department
would pursue more robust
oversight of racial bias in po-
lice departments nation-
wide. She has also vowed to
push legislation to end racial
profiling.

Harris dealt cautiously with bias


POLICEin Ferguson, Mo., after the killing of Michael Brown in 2014. Kamala Harris, a black prosecutor, identified with both sides.

Scott Olson Getty Images

[Harris,from A1]


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