SHARK in the Water

32 Pages·2011·3.08 MB·English

Fall 2011
Reserve News
Los Angeles County Sheriff’s
Uniform Reserve • Mounted Posse • Search & Rescue • Explorers • Civilian Volunteers
SHARK*
in the Water
*Sheriff’s High Adventure Responsible Kids. See PAGE 21 www.reservenews.org
Los Angeles County Sheriff’s
Reserve News
Official publication of the Reserve Forces Bureau
Reserve ARTICLES
Forces
Bureau 3 Reserves Answer the Call: A Visit from the Royal Couple
Captain PHIL HANSEN 8 The Death Penalty In California
Lieutenant BILL CICCHILLO
MISSION
S/R Chief MIKE LEUM
Assistant Director
11 Dave and Jim’s Excellent Adventure: A Week at Gunsite
14 Super Puma: Upgrading Mission Capabilities
Reserve Coordinator
S/R Chief MIKE LEUM 15 Hiker Rescue
Managing Editor 16 Reality Based Training
SAM SNYDER
Also:
Editor Minotaur MTAC Holster 13• The Tuff-Writer tactical pen 16
S/R Deputy
JEFF HELLER COMMUNITY
Web & Graphic Editors
Graduating Reserve Academy Class 17• LA lifeguard and LASD volunteer work
S/R Deputy JAMES NG
to save a life 18• Temple Station Volunteer Kenneth Hennings makes a differ-
S/R Deputy ence 18• Profile: Phillip C. Hansen 19• Joseph Korpiel Meritorious Service
ROBERT FRIEDMAN Award; Department Promotions 20• SHARK: Sheriff’s High Adventure
Editorial Staff Responsible Kids 21• Mounted Posse and Youth Activity League 22•
Meritorious Awards to Sheriff’s Department Personnel; Medal of Valor and
S/R Lieutenant
GINES ARNAU Meritorious Conduct Awards Ceremony and Luncheon 24• American Heroes
5K/10K and Family Fun Run 26 • West Hollywood Reserves at the Hatzolah
S/R Chief
HARRY McQUEEN Disaster Preparedness and Safety Fair 27
S/R Deputy
KIM SKOKOS DEPARTMENTS
S/R Lieutenant
Recent Court Decisions 28
NICK SMIRNOFF
In Memoriam: Cesar Rodriguez; Alvin Hartenstein 31
S/R Deputy
JAMES ZANIAS
On the cover:
A SHARK learns to breathe underwater, at the Bassett High School pool.
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RESERVE NEWS | FALL 2011 3
Reserves
“Iwould take 100 reserves on every assignment if
I could get them,” stated Jim Sully, the
Sergeant in charge of diplomatic protection
for the visit to Sony Studios of Prince William
Answer
and his wife Duchess Catherine, in July of this
year. A 33-year veteran of the department, Sgt. Sully
works for the Sheriff’s Department’s Emergency
The Call Operations Bureau Tactical Planning Unit, a multi-
faceted unit with one of their primary responsibili-
ties being the safety of foreign and local diplomats
when they visit Southern California.
In this instance a request for mutual assistance
A visit by the Royal Couple tests the was placed by the Culver City Police Department to
Sheriff’s Tactical Planning Unit provide their department with additional personnel
and resources for the Royal Couple’s visit to Sony
Studio located in Culver City. While at the studio,
Story and Photos by S/R Lt. the Royal Couple (Prince William and Duchess
NICK SMIRNOFF Catherine) attended a get together with well wishers,
along with an onsite job fair held for veterans and
service men, service women, and their dependents.
Sony Studios (Formerly MGM Studios) has a
Above: Prince William and Duchess Catherine arrive amid an entourage of security. In keeping with the Royal Couple’s request
for ‘low profile uniformed protection,’ Sheriff’s Department personnel were ever-present, but always in the background.
4 RESERVE NEWS | FALL 2011
rich motion picture history
and is a favorite venue for
dignitaries to visit and hold
special events. With its many
large sound stages, strict lim-
ited access, and a walled in
outer perimeter it is one of
Southern California’s safer
and more protected event
sites. U.S. Presidents have vis-
ited and used the studio on
various occasions.
Planning with Sgt. Sully’s
team, the Culver City Police
Department, U.S. State
Department, Scotland Yard, Answering the 5 a.m. roll call are Reserve Deputies from stations all across the county.
California Highway Patrol,
Sony Security, and the Royal
Couple’s personal security
force began the preparations
approximately two months
before the visit. One of Sgt.
Sully’s challenges was in hon-
oring a request by the Royal
Couple that all protection be
low key and unobtrusive to
the general public. With the
eyes of the world upon them,
Prince William preferred that Left, 6 a.m. roll out from the Culver City Police building on way to the Sony Studio lot.
he and the Duchess, as much Right, Sgt. Jim Sully of E.O.B. gives Reserve Deputies their assignments.
as possible not be seen or
photographed in the pres-
ence of uniformed police. To
this end, a sense of calmness
with just enough uniformed
personnel on site to let their
presence be known prevailed
as nearly 2,500 people heard
Prince William’s speech while
attending the job fair.
Reserve Forces Bureau was
asked to supply uniformed
personnel to help secure vari- Sheriffs Dept. Arson and Bomb Squads search every nook and cranny of the lot where the
ous sites within the studio Royal Couple might be in or pass by.
compound after the Arson
and Bomb squad along with
their dogs made their pre-
dawn sweeps of the stages,
cafeteria and walkways that the
Royal Couple would utilize. As
the sweeps were completed, a
Reserve Deputy was posted at
each entry door where he or
she would remain for the
remainder of the event.
Reserve Deputies were respon-
sible for allowing only author- Sgt. Sully notifies command that the sweep of Stage Culver City Police and members of the
ized guests or vendors in. On 15 is complete and that he has posted Reserve Sheriffs Dept. manned all entrances into
one occasion Reserve Deputy Deputies at all entry and exit points. the studio lot.
RESERVE NEWS | FALL 2011 5
The entire day, dogs were on patrol checking and re-checking all the previously ‘cleaned’ sites.
U.S State Department, Culver City Police and Sheriff’s
Department personnel confer about safety one last time After each sector was swept, a Reserve Deputy was placed in that
before admitting guests to the studio lot. zone to stand watch the rest of the day.
6 RESERVE NEWS | FALL 2011
The Sheriff’s Department’s ‘Long Rifle Team’ arrives to take up an observation position prior to the Royal Couple’s arrival.
Stage 15 at Sony Studios was decorated to accommodate the visit of the Royal Couple.
John Brickner detained two suspects and deployed to their respective positions on Rovers driven by their personal security
deterred a third who tried to gain access the studio lot where they remained for staff for Los Angeles Airport and their
to the Stage 15 job fair site. Calling for the next 12 hours. return flight to England.
assistance while he detained the men, the After their carefully choreographed In all, Reserves from the Reserve
would-be party crashers were questioned 90-minute visit and under the protec- Forces Bureau, under the leadership of
and escorted off the lot by Culver City tion of the California Highway Patrol’s Captain Phil Hansen, were able to con-
Police officers. Twenty-one Reserves met “Presidential Motorcade Unit,” the tribute a total of 250 man hours for an
at 5 a.m. at the Culver City Police Prince and Duchess left in several spe- estimated monetary value to the County
★
Department for briefing and were then cially equipped right-hand-drive Range of Los Angeles of nearly $10,000.
RESERVE NEWS | FALL 2011 7
Left, The Royal Couple is cheered by job fair attendees. Right, A watchful eye at all times assured a safe event.
After Prince Williams speech on Stage 15, the Royal Couple visited Sheriff’s Deputies stayed at a discreet distance, but were
the set for the television show ‘Wheel of Fortune.’ vigilant at all times.
Wherever the Royal
Couple moved about
within the state, the
California Highway
Patrol Presidential
Motorcade Detail
escorted and protected
the caravan.
8 RESERVE NEWS | FALL 2011
The Death Penalty
in California
An overview of the origins and implementation of the ultimate punishment
By Guest Contributor
TIFFANY ZANIAS
lack of uniformity in how the death unusual punishment and was therefore
T he death penalty has been penalty was imposed by the various prohibited by the 8th Amendment of
authorized as the ultimate sheriffs of California. the U.S. Constitution. As a result, the
penalty in the state of Eventually, the California legislature legislature prescribed a three drug
California since California enacted legislation in 1892 removing cocktail consisting of an anesthetic to
became a state on September the Sheriff’s power to impose the death be administered first, followed up by a
9, 1850 except from 1972, when the penalty, and instead transferred that sedative to render the prisoner uncon-
California and U.S. Supreme Courts power to one of two state prisons. scious, and finally a drug to stop the
ruled the death penalty unconstitution- These prisons were Folsom State Prison heart and cause death (Sarat, A. and
al, until it was reinstated in 1977. and San Quentin State Prison (O’Shea, Martschukat, J., 2011).
Therefore, during the past 161 years, K.A., 1999). The exact number of exe-
there have only five years that the cutions that occurred prior to the trans- California and U.S. Supreme Court Cases
death penalty was not legally allowed to fer of execution power to these two Invalidating the Death Penalty
be exercised. This paper will explore state prisons is unknown; however, it is In February 1972, the California
the origins of the California death estimated that since statehood in 1850 Supreme Court ruled that the death
penalty, the methods used for carrying through 1972, California had executed penalty was unconstitutional (People v.
out the death penalty sentence, the over 670 individuals. Since 1976, there Anderson, 6 Cal.3d 628). The court
court cases invalidating the death have been 142 executions in the found that the death penalty as current-
penalty, and the allegations that a dis- United States. However, since 1977, ly employed was “impermissibly cruel.”
parate number of African-Americans when the death penalty was reinstated The court reasoned that an evolving
were subjected to the ultimate penalty. in California, there have only been 13 standard of the judicial review as it relat-
executions during the past 34 years ed to 8th Amendment issues required
The Origins of the (White, W.S., 1991). that they rule against the death penalty
Death Penalty in California and that it violated the “dignity of
California was admitted as the 31st Methods of Execution in California man.” They further held that by allow-
state of the United States on Prior to statehood, the common ing the continuation of the death penal-
September 9, 1850. From this time method of executions was done by a fir- ty, it would be harmful to the society as
until 1872, there was no statutory ing squad. After 1850, and lasting a whole and would cause deterioration
authority for the imposition of the through 1937, hanging was the sole in the moral fabric of society.
death penalty, although it was widely method of execution. However, the Four months later, on June 29, 1972,
imposed based on English Common California legislature felt that hanging the United States Supreme Court in
Law definitions of crimes and punish- was a cruel form of execution and Furman v. Georgia, 408 U.S. 238 (1972)
ments (Scheb, J.M., 2008). In 1872, adopted the gas chamber as the model struck down all death penalty laws in
the first California Penal Code was of humane execution (Nelson, L. and the United States finding that as they
established, and in it the statutory Foster, B., 2001, p.145). The gas cham- were currently written, they violated the
authorization for the imposition of ber was used until 1996 when William 8th and 14th Amendments to the
the death penalty. However, in those Bonin, known as the Freeway Killer, was Constitution (Culbert, J.L., 2008).
early days, the death penalty was car- executed by lethal injection (Owens, Justice William O. Douglas railed
ried out by the elected Sheriff of each R., Hannity, S., and Press, B., 2004). against what he perceived was a “caste”
county (Gerber, R.J., and Johnson, The Supreme Court had ruled that the system in the United States where poor
J.M., 2007). There definitely was a gas chamber constituted cruel and people and minorities were singled out
RESERVE NEWS | FALL 2011 9
Justice William O. Douglas
believed that the imposition of
the death penalty had become
arbitrary and that in order to
pass constitutional scrutiny
the application of death
sentences had to be applied
in an even-handed manner.
for harsher treatment than the affluent penalty to include only those that as to why he should not be executed.
and Caucasians. Justice Douglas resulted in the death of a human being It took from 1977 until 1992 for
believed that the imposition of the as in murder and train wrecking, California to have its first execution
death penalty had become arbitrary although the death penalty was pre- under the new program. The first to
and that in order to pass constitutional served for treason. These crimes were die under the new law was Robert
scrutiny the application of death sen- to become known as special circum- Alton Harris (O’Shea, K.A., 1999). He
tences had to be applied in an even- stance crimes which could warrant the was convicted of kidnapping and mur-
handed manner. death penalty (Bedau, H.A., and dering two teenage boys in San Diego,
Thus, these discretionary statutes are Cassell, P.G., 2005). California. His accomplice in the crime
unconstitutional in their operation. They It is worth noting at this juncture, was his brother, who received a six year
are pregnant with discrimination and dis- that as a result of the court rulings in sentence in exchange for testifying
crimination is an ingredient not compati- People v. Anderson, such notorious against his brother. Since this execution
ble with the idea of equal protection of murderers as Sirhan Sirhan and Charles in 1992, there have been 12 others.
the laws that is implicit in the ban on Manson had their death sentences auto- The last one occurred on January 17,
“cruel and unusual” punishments matically reduced to life sentences. 2006 when Clarence Ray Allen was exe-
(Furman v. Georgia, 408 U.S. 238 (1972)). In 1977, as a result of the work of a cuted for the murders of three people.
Both the California and U.S. future governor and at the time a state
Supreme Courts felt that the imposi- legislator, George Dukemejian, the Discrimination in the
tion of the death penalty was arbitrary death penalty was reinstated in Imposition of the Death Penalty
and that poor people and minorities California (O’Shea, K.A., 1999). It For decades, beginning in the 1940s,
were much more likely to receive the required a two step approach in any a growing chorus of death penalty
death sentence. Therefore, in order to case in which the death penalty was opponents claimed that the death sen-
have a death penalty that would survive sought. First, there would be the typical tence was disproportionately applied to
constitutional muster, a new system had trial in which a jury would decide the African-Americans and other minori-
to be designed that would take these guilt or innocence of a defendant. Then ties, which violated the 14th
rulings into account and attempt to if the defendant was found guilty, the Amendment’s equal protection clause.
remove undue bias and allow for miti- court would then hold a “penalty phase” Justice William O. Douglas in his
gating circumstances of the defendant in which the jury would decide on Furman opinion believed that execu-
to be taken into account. Furthermore, whether to impose the death penalty. tions were arbitrarily imposed and the
California limited the types of crimes The defense would be allowed to pres- law was discriminatory in practice.
that would be subject to the death ent evidence on behalf of the defendant In California, according to Espy, from
10 RESERVE NEWS | FALL 2011
The gas chamber was
used for executions
from 1938 until 1996.
Since then, lethal
injection has been used
to implement the death
penalty in California.
1873 to 1900, there were 118 execu- From 1901 through 1920, Caucasians the timeframes listed except for the
tions. Of those executed, three were accounted for 54.7% of executions in period between 1901 through 1920
African-American, 71 were Caucasian, California, African Americans accounted when their execution rate was only
14 were Hispanic, eight were Native for 6.3%, Hispanics represented 10.5%, slightly above 54%. As far as Hispanic
American, 15 were Asian, and seven Native Americans were at 5.3%, and execution rates, their numbers have
were unclassified. From 1901 through Asians accounted for 13.7%. From 1921 ranged from 11.9% to as low as 7%
1920, there were 95 executions. Of through 1940, Caucasians comprised before jumping back to 14.3% in the
those executed, six were African- 67% of the executions, African timeframe from 1961 through 1972.
American, 52 were Caucasian, ten were Americans and Hispanics each account- There have not been any Hispanics
Hispanic, five were Native American, 13 ed for 9.7%, and Asians accounted for executed since the 1960s. With regards
were Asian, and nine were unclassified. 9.2%. From 1941 through 1960, to Asian executions, their percentages
From 1921 through 1940, there were Caucasians represented 62.5%, African have ranged from 13.7% to as low as
185 executions. Of those executed, 18 Americans comprised 22.5%, Hispanics 1.9% in the most recent timeframe
were African-American, 124 were accounted for 7%, Native Americans from 1977 through 2011.
Caucasian, 18 were Hispanic, one was were at 1.3%, and Asians comprised It is beyond the scope of this paper,
Native American, 17 were Asian, and 1.9%. From 1961 through 1972, but in order to better evaluate the
seven were unclassified. From 1941 Caucasians represented 61.9%, African potential for bias in the imposition of
through 1960, there were 160 execu- Americans consisted of 19%, Hispanics the death penalty, it might be useful to
tions. Of those executed, 36 were accounted for 14.3%, and Asians determine the number of murders com-
African-American, 100 were Caucasian, accounted for 4.8%. Finally, from 1977 mitted and the racial breakdown of the
13 were Hispanic, two were Native through 2011, Caucasians represented murderers and compare that number
American, three were Asian, and six 69.2%, African Americans 15.4%, Asians to the racial makeup of those that were
were unclassified. From 1961 through and Native Americans each at 7.7%. executed. Perhaps it is the case that at
1972, there were 21 executions in least for California, as compared to the
California. Of those executed, four were Difficult to discern bias rest of the country, color or race did not
African-American, 13 were Caucasian, From these numbers alone, it is diffi- play an important role in its implemen-
three were Hispanic, and one was Asian. cult to discern a bias in the imposition tation. What is clear however, is that the
From 1977, when the death penalty was of the death penalty disproportionate death penalty fell out of favor begin-
reinstated, until today, there have been to African Americans and other minori- ning in the late 1950s, and by 1967 until
13 executions in California. Of those ties. Although there was an increase in 1992, no one was executed in
executed, two were African-American, terms of percentage in African California. Although the death penalty
nine were Caucasian, one was Native American executions during the period remains on the books, and there are
American, and one was Asian. To break of 1941 through 1960 as compared to currently several hundred inmates on
it down into percentages, from 1873 to the preceding time period of 1921 death row in San Quentin State Prison,
1900, Caucasians accounted for 60.2% through 1940 (22.5% as compared to it takes almost 25 to 30 years from sen-
of those executed. African-Americans 9.7%), Caucasian execution rates tence to execution, and with the state
represented 2.5%, Hispanics accounted throughout these timeframes remained facing serious budget issues, it is possi-
for 11.9%, Native Americans comprised above 60%. In fact, Caucasian execu- ble that there will not be any new exe-
★
6.8%, and Asians comprised 12.7%. tion rates exceeded 60% throughout all cutions in the near term.