Category Archives: Transhuman News

Damoine A. Wilcoxson, 21(Photo: Provided by Boone County Sheriff's Office)

Two bills that would allow police to takeDNA samples from people who are arrested, but not yet convicted, are steadily advancing but lawmakers have added safeguards for people who may have been falsely accused.

In Indiana, law enforcement officials can only enter DNA samples into a national database upon a felony conviction. But some lawmakers are pushing for a lower threshold, allowing police to takea DNA samplewhen they make a felony arrest.

Bills similar to those proposed this session House Bill 1577 and Senate Bill 322 have failed to generate support in the past, but the issue gained traction last year when DNA from an Ohiodatabase that includes arrestees helped solve boththe slaying of an elderly Zionsville man in November and attacks on two Indianapolis police stations.

The Indiana House of Representativeson Monday opted to send House Bill 1577 to a third reading. The House will likely vote on the bill Tuesday after its final reading.

Rep. Greg Steurerwald, one of the bill's authors, says he "totally expects" the bill will pass the House.

Supporters say taking a DNA sampleupon arrest will expand the database and make it easier for police to solve crimes, as well as clear the name of innocent people. Despite some early concern from some legislatorsabout privacy, the bills have generated bipartisan support, and faced few obstacles thus far.

"It will not only help solve crimes, it will help prevent crimes," Steurerwald told IndyStar.

However, oin Monday, the House approved an amendment that prohibits police from taking a DNA sample during a warrantlessarrest. Rather, police must wait until a judge finds probable cause for the arrest. Lawmakers amended the bill after the issue was raised during a February committee hearing.

"The court must be involved in each of these circumstances," Steurerwald said during the bill's second reading.

A similar bill, authored by Sen. Erin Houchin, is also weaving its way through the Indiana Senate.

In the original Senate bill, a DNA sample could only be expunged from the database if the individual was acquitted of felony charges in a trial. That meant that the DNA sample would remain in the database even if prosecutorsnever filed criminal charges after an arrest, or if charges were dismissed.

But lawmakers have dialed back that measure considerably. Now, an individual can expunge the DNA sample if the case is dismissed, if the felony is reduced to a misdemeanor or if prosecutors do not file charges within a year of the arrest. The House bill includes similar criteria.

Houchin said those changes implemented upon a recommendation from the Indiana State Police lab put the bill in line with similar legislation in other states.

The bill heads to the Senate Appropriations Committee on Thursday where lawmakers will evaluate its cost. Houchin said a study conducted by Indiana University Purdue University-Indianapolis estimated the measure's crime prevention capabilitiescould save taxpayers $60 million a year.

"The savings will help the bill pay for itself,"' Houchin said.

Call Star reporter Madeline Buckley at (317) 444-6083. Follow her on Twitter:@Mabuckley88.

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Bill that allows police to take DNA upon arrest advances - Indianapolis Star

The early settlers snatched up the rich, loamy land along the Feather River to grow grapes and orchards.

Edward Mathews, an Irishman who fled the potato famine, was peddling vegetables and didnt have the cash for that kind of soil.

During heavy rains, the Yuba River would flow so hard into the Feather at Marysville, it pushed the Feather back north into Jack Slough, named for a freed slave who in 1861 sold Mathews 200 acres of its poor red soil.

On that backwashed clay, the Mathews clan would scratch out a living grazing livestock.

If you came into the bank with red soil on your boots, they wouldnt loan you money, said Edwards great-grandson Charlie Mathews, 77, who lives on the land today.

But the Mathews family did well for themselves. The arrival of a type of ricefrom Japan that grew in sunlight this far north transformed the cursed clay into a blessing: Water didnt drain through it, giving the ricegrass the pooled paddies it thrived in.

Life in the region has long evolved around the ebb, flow and overflow of the Feather River. Its meandering course and merciless moods dictated where soil was good, which crops farmers grew, where they built towns, how deep they dug wells, where families went broke or dynasties were born.

When California dammed the Feather River as part of its monumental project to bring water to Southern California and other parts of the state, the river became more predictable, but not totally so. Levees blew out in 1986 and 1997 and caused widespread flooding, similar to inundations that hit before the Oroville Dam was finished in 1967.

And the crisis at the dam last week, when more than 100,000 people wereevacuated due to potential failure of an emergency spillway, showed that nature relentlessly works to rip down humanitys efforts to control it. Residents remain anxious as another big storm is expected to hit the area Monday.

Farmers here are keenly aware of one point: They live at the pleasure of the river.

Al Montna remembersthe eerie moonlight glimmer off the tin roofs of houses floating downstream.

Its been more than six decades since the floodwaters hit, but he still pictures it perfectly. They were the homes of his classmates.

He was 10 at the time, living south of Yuba City near the river. His dad was busy trying to move equipment at the farm a few miles away, leaving his wife and kids perched on high ground of the family home.

I heard this roar. I can still hear it, Montna said. It was Christmas Eve 1955.

The flood, caused by a levee break at Shanghai Bend, killed 38 people and destroyed 450 homes. Waters rose to the roofs of low-lying barns.

Seeing the waters surrounding them, Montnas family evacuated to the nearby Sutter Buttes dormant lava domes that loom 2,000 feet above the floodplain like a volcanic beacon for the bedraggled refugees of the valley floor.

His fathers crops were lost and most of the family farm was destroyed. His dad feared financial ruin and died of a heart attack three months later.

Montna lived through two more great floods along the river in 1986 and 1997. But the thought of pulling up stakes never crossed his mind.

Were very ingrained here. My grandfather came here as a French immigrant. ... He drowned in that river, Montna said. This is home. This is part of our soul.

Montna Farms not only recovered but is prospering, he said, specializing in premium, short-grain Japanese rice used in sushi.

When county officials ordered the emergency evacuation of Yuba City last week, many residents again fled to the buttes for safety. Montna took different measures.

As a board member of Levee District 1 of Sutter County, he and his entire work crew scrambled to shore up the levees, looking for leaks that could lead to bigger breaches.

Flood fighting is in our DNA, he said.

A few miles upstream on Feb. 12, Sarb Johl listened in disbelief to the alert that the emergency spillway on Oroville Dam might fail within 60 minutes. He loaded his wife and 92-year-old mother into a car and told them to drive to stay withfamily in the hilly Sacramento suburb of Roseville. He stayed an extra hour talking to other farmers and fellow officials on his levee board, determining what to do.

We didnt have time to rationally plan: Would the water break to the west or the east? Could the levees hold it? You have to believe it when someone is telling you a 15-foot-high wall of water is coming down. That is a lot of water, Johl said.

His father, who came from Punjab, India, began farming peaches and prunes on this reclaimed land in the 1960s. The area is known as Yuba CountyLevee District 10, which was formed in 1909 to make the floodplain available to farmers.

While most orchard growers here dont directly draw from the river, they still survive on it. Because the state water project continued to direct the Feather River water down its historical course, the river replenishes the aquifer as it always has. Johl pumps water from wells and now conserves it by using drip irrigation for his trees, which favor the porous loam slurried down from the mountains over eons.

On Feb. 13, seeing that the spillway had not collapsed, Johl came back to move his equipment onto the levee. On the other side, the silty river sifted slowly through a wild land of oak and cottonwood. A family of deer picked delicately over the bank and into the orchards safety, as one of Johls workers tried to fix a valve in the levee that the farm needed for the land to drain.

His family had survived the last two big floods, but the notion that the dam could fail a nightmare that had never crossed his mind spooked him. As soon as he was done, he got in his truck and headed to Roseville.

***

The Oroville Dam was sold to residents as a flood control measure, but no one who understood water politics ever doubted its core purpose was to bring more water to Southern California. Population studies in the 1950s predicted millions of people would continue toflow into the region with not enough water, even with canals from the Colorado River and Eastern Sierras, to meet their needs.

Plans to dam the stormy rivers of the North Coast the Eel, Mad, Klamath and Smith were scuttled as too costly or controversial. That left the Sacramento Rivers main tributary, the Feather, to become the linchpin of the states ambitious new water project.

The three forks of the Feather gathered snowmelt tributaries from nearly 6,000 square miles of the Northern Sierra and Southern Cascades, converging in the canyons north of the small town of Oroville. The main stem then flowed another 71 miles to the Sacramento River, and on to San Francisco Bay.

Govs. Earl Warren and Goodwin Knight helped get what was then called the Feather River Project rolling in the 1950s, and the deadly 1955 flood gave it a needed dose of urgency. Gov. Pat Brown lobbied groups up and down the state notably the powerful Metropolitan Water District of Southern California, which feared the project might threaten its legal battles with Arizona for Colorado River water to bring it to fruition.

By the time the renamed State Water Project was largely completed in the 1970s, the flow was diverted in the Sacramento Delta before it flowed into the San Francisco Bay. From the Clifton Court Forebay, it was pumped up into the 444-mileCalifornia Aqueduct that would follow the new Interstate 5. With branch canals and massive pumps and siphons to cross hills and mountains, Feather River water now poured out of taps in the Bay Area, Bakersfield, San Luis Obispo, Santa Barbara, Los Angeles and the Inland Empire.

But during rainy winters, the old levee system just below the Oroville Dam still struggled to contain the flow.

In Olivehurst, Mary Jane Griego said the evacuation order brought flashbacks of the floods in 1986 and 1997.

Griego, owner of Dukes Diner,was stopped at a red light outside of Yuba City that night in 1986 when a police patrol car screeched into the intersection.

He saidthe levee broke. The water is coming, Griego recalled. Then she heard a rumble and saw a churning wave of water heading toward her. It was like a scene from The Poseidon Adventure.

That flood blasted through the county mall in the nearby town of Linda, which still stands gutted and empty.

After the 1997 flood, Griego decided to run for Yuba County supervisor, with her top campaign issue to fix the levees in the southern portion of the county. She won and, since that time, the levees have been improved and fortified through the more populated areas.

While farmers and officials along the river understand the hydrology around them like cardiologists know arteries and veins, millions of other Californians rely on the same system with varying degrees of awareness. Some know enough to complain about its great flaws its waste by evaporation or its environmental impact. Others marvel at its grand ambition, allowing great cities to exist where they otherwise could not. Some dont even know it exists.

North of Lake Oroville in the small wooded town of Magalia, Keith Noble runs a hunting and fishing shop that depends on anglers coming to the lake. With the lake closed due to the spillway crisis, he was irked that several bass tournaments had been scrubbed.

Noble thinks the state could have prevented the damage if officials hadnt neglected the spillway all these years in his mind, another example of the northern reaches of California getting short shrift by the big-city liberals controlling Sacramento.

At the southern end of the project, Feather River water pours out of a 28-mile-long pipeline into the Lake Perris reservoir, more than 500 miles from its source and nearly 700 feet higher in elevation.

Saddled between high hills of boulders and white sage, the lake draws campers, boaters and fishermen from across the region. The water teems with rainbow trout, Florida bluegill, black crappie and carp. Anglers there have caught record-size Alabama spotted bass.

But the dam has its own problems. In 2005, the state Department of Water Resources discovered that parts of the foundation might be at risk during an earthquake and ordered the water lowered by 25 feet.Construction to fix the problem is expected to be completed by early next year. But the drought reduced the lake by an additional 17 feet.

Brian Place, manager ofthe boat rental and fishing shop at Lake Perris, looks out at the low water and wonders when the state will open the spigot to bring it back up.

He says Water Resources told him the lake would come up 10 feet in January, but its just starting to fill.

Within the last week, its come up about 3 feet, he said.

He hopes the state sends the water before the fish lay their eggs in spring, and then maintains it at that level, so a sudden change in depth doesnt kill off the spawn.

He can only wait and see.

State bureaucracy feeds Lake Perris, and no meteorologist can read that forecast.

joe.mozingo@latimes.com

Twitter:@joemozingo

phil.willon@latimes.com

Twitter: @philwillon

ALSO

The government failure at the heart of the Oroville Dam crisis

Oroville Dam is about to face its next big test as a new storm moves into the area

Life below Oroville Dam: Stoicism, faith ... and cars poised for a fast getaway

Oroville Dam is just part of California's crumbling infrastructure

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'Flood fighting is in our DNA': To live by the Feather River is to know its power and danger - Los Angeles Times

A blackteenager who was stopped by police last year while walking through a San Diego park is challenging the Police Departments policies and practices for obtainingDNA from minors without first notifying a parent.

Lawyers from the American Civil Liberties Union of San Diego & Imperial Counties filed a federal lawsuit last week on behalf of the boy and his mother, Jamie Wilson.They contend police officers violated the boys civil rights in March when they detained, handcuffed and searched him at Memorial Community Park in Logan Heights, and then took a sample of his DNA without a warrant or his mothers consent.

According to the complaint, San Diego Police Department policy allows officers to obtainconsent from a minor for DNA collection the same way they would for an adult.

California law restricts the collection of DNA from a juvenile for inclusion in Californias DNA database, but the lawsuit says San Diego has sidestepped that by maintaining its own local database. Officers are required to notify a juveniles parents only after a DNA sample has been taken.

San Diegos policy systematically works to circumventparents right to advise their kids, saidJonathan Markovitz, one of the attorneys representing Wilson and her son.

A Police Department spokesman declined to comment about the lawsuit but provided a copy of the agencys procedures for dealing with juveniles. The document states that a minors DNA can be taken and stored in the departments own data bank if obtained legally and for investigative purposes.

We have just been made aware of the lawsuit filed by the ACLU.This case is pending litigation we therefore cannot comment further, police Lt.Scott Wahl said in an email.

The plaintiffs are seeking a permanentinjunction from the court that would forbid the San Diego Police Department from enforcing the citys policy on DNA collection from juveniles without a warrant or parental consent. They are also asking for an order compelling the Police Department to return any DNA samples from the teen identified in the lawsuit.

They also are seeking unspecified monetary damages.

According to the lawsuit, police officers chose to conduct a pat-down search of the 16-year-old boy identified in the document by the initials P.D. and four of his friends not because there was a reasonable suspicion they had been involved in a crime, but because they were black juveniles, some of whom were wearing blue, walking through a park in southeast San Diego on a particular day.

The officers expectedgang activity in the park that day, March 30, a supposed gang holiday, the lawsuit said. Blue is a color associated with a particular street gang.

P.D. and the other minors told the officers they had been playing basketball in the area.

After the pat-down search, the officerssearched a duffel bag P.D. had with him that afternoon and found an unloaded handgun. They collected DNA samples from him and his four companionsafter obtaining their signed consent.

The friends were released and P.D. was booked into Juvenile Hall.

The difficulty with kids giving consent is that they are particularly vulnerable to authority,Markovitz said, noting that children and teens are less likely to think through the consequences of their actions a concept state and federal laws have acknowledged.

Hesaid the search of the teensduffel bag was unlawful and any consent the teen had given for the taking of his DNA sample was essentially coerced, given that the officers let his friends go after they each signed a form agreeing to let the officers swab the inside of their mouths to collect DNA.

There wasnt anything approaching knowing and voluntary consent. ... He wasnt given the opportunity to talk to his mother,Markovitz said.

Per department procedure,a San Diego policeofficer has to notify a supervisor or contact a field lieutenant for approval before collecting a mouth swab DNA sample from a juvenile. The office must also fill out a Consent to Collect Saliva form and obtain the minors signature.

An officer who takes a mouth swab sample from a juvenile will notify the parent or legal guardian that a sample was taken and document that information on a report,according to the department.

According to the lawsuit, the District Attorneys Office filed charges in Juvenile Court against P.D. on April 4, stemming from the discovery of the gun in the duffel bag. He remained inJuvenile Hall until April 8, when he was released and placed on home supervision.

On June 27, a judge threw out the evidence related to the gun because it was fruit of an unlawful search that violated P.D.s Fourth Amendment rights, under the U.S. Constitution. A month later, the court dismissed the charges but no order was made to destroy the teens DNA sample.

Its caused tremendous emotional and financial suffering, Markovitz said, referring to the effects of the arrest and subsequent court proceedings on the teen and his family.

Hismother is expected to appearat a news conference Wednesday, when ACLU representatives will discuss the lawsuit and issues related to local policing.

dana.littlefield@sduniontribune.com

Twitter: @danalittlefield

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ACLU sues San Diego police over how it collects DNA from juveniles - The San Diego Union-Tribune