Thursday, Jan. 19, 2012 - Evening Edition

>> JOANNE: Coming up next on KPBS Evening Edition, a 10 year old boy pleads not guilty.
KPBS Evening Edition starts now. >> JOANNE: Hello thanks for joining us I'm
Joanne Faryon. >> DWANE: And I'm Dwane brown.
Governor Jerry brown is taking his proposal to increase taxes to the people.
He came to San Diego today following his state of the state speech on Tuesday.
Katie Orr has been following this and joins us.
Katie, what did the governor say about raising taxes?
>> He says these taxes are necessary to balance the budget.
He's asking for a temporary increase to the state sales tax and does go W asking for an
additional tax on people who make more than $250,000 a year.
He says those taxes could bring in about $7 billion a year for California and he says
they're needed because we've made drastic cuts in other areas.
>>> They say why don't you cut the problems? Really?
We're cutting them by a billion and people are already nervous as part of the realignment
so I don't think we can go further there. And you say why don't you cut Medi Cal?
Well we have, over a billion, welfare? I've cut welfare a billion, childcare?
We're cutting that, pensions to the elderly, we cut that.
>> DWANE: What else dev to say today? >> He maintains that California is not in
a decline but is on the mend he pushed for high speed rail, that's something that wouldn't
come to San Diego but he says we could improve local trains to connect us to that.
He defended eliminating redevelopment pointing out that money used for redevelopment projects
is money that wasn't being spent in other places.
>>> When you divert the taxes that would have otherwise gone to the schools and the county,
then you create a gap and who fills the gap? The state government.
. >> DWANE: I'm sure we will be hearing much
more from the governor throughout this year, KPBS Reporter Katie Orr.
>> JOANNE: The California Supreme Court reviews how medical marijuana dispensaries are used
in the state. In a statement the attorney representing the
plaintiff, Americans for safe access said local governments will now be without the
means to deny access to medical marijuana for patients in their communities, at least
until or unless the Supreme Court has ruled otherwise.
It may be a few years before they make a ruling. >> DWANE: A bill to exempt 4th of JulyÊfireworks
for environmental reasons has made it to the state legislation.
They would exempt fire works, displays, parades from environmental reviews, Juan Vargus sponsored
the bill. A Senate committee has to review the proposal
before it moves forward. >> JOANNE: There has been an interruption
in the court marshal of a marine accused of killing Iraq civilians, Alison St. John has
been covering the story, what happened today? >> The jury did not return today they were
instructed to return back today. He also told the attorneys to explore their
options. Woodridge has already had his original charges
of murder reduceded to voluntary manslaughter and 7 of the 8 charged have had their charges
dropped or dismissed so woodridge is carrying full responsibility for the events on his
shoulders and it appears although no one will confirm this, that a deal is being worked
out. >> JOANNE: Why is the outcome of this case
so important? >> Well, tensions were brought higher in Iraq
in 2005 and it's taken all this time to come to do so point and the prosecution says it
can't find witnesses who want to testify against woodridge though they didn't mention Iraq
witnesses and we should note that one reason all troops withdrew is because the Iraq government
would not grant U.S. forces immunity from their legal system after the war ended.
This continues to be a sore point between the two countries.
Tomorrow the jury is expected to return and it is an all military jury of 8 combat marines.
>> JOANNE: KPBS Reporter Alison St. John. >> DWANE: A San Diego Congressman doesn't
want the military to court marshal four americans at the center of a controversial video, Republican
Duncan Hunter says that in Afghanistan marines see recurring acts of brutality directed toward them and the
afghan people and they see friends wounded or killed.
We owe it to these to take into account the extraordinary conditions and danger they face
when judging their actions and put things in proper context.
The incident is being investigated by the Marine Corp and the Navy.
A 10 year old ElÊCajon boy pleaded not guilty to murder and felony charges this morning.
He was ordered to remain in custody. A hearing is scheduled for next month to decide whether
he is competent to stand trial. >>> It's a tragic case for everybody involved,
tragedy for the victim and his family, tragic for the minor and the minor's family, I want
to make this clear, it's not an easy situation. >> DWANE: Joanne is looking at what's next
for someone so young charged with a serious crime she is at the evening edition round
table. >> JOANNE: What's next for the young boy who
makes his way through the juvenile court system? My next guest has been representing children
and teenagers charged with murder for the past 37 years, among those Brenda Spencer
who killed and wounded others in a shooting spree she said she went on a rampage because
she didn't like Mondays. Joining me is Michael McGlinn.
I want to start with the basics. Where would this boy be held right now?
>> He's at juvenile hall and in the juvenile hall and they do have experience in holding
10 years old, young kids and they do a very good job.
>> JOANNE: The district attorney decided to press murder charges which I think implies
there is intent. Is a 10 year old capable of having intent?
>> Well, that's an issue that the Court has to decide, and what the Court must first decide
now is a doubt has been raised by his attorney as to his mental competency, so the Court
will now follow the juvenile court to determine whether the minor is mentally competent to
stand trial and the issues are is he able toÊ does he have the ability to consult with
his attorney and assist the attorney in preparing a defense and, or, does he lack the rational
or factual understanding of the nature of the charges or proceedings against him 37.
There is case authority that discusses the standards that the Court will use, the Court
has appointed a psychologist that will report to the juvenile services and issue a report
to the Court. The defense attorney once they get that report
and the district attorney can then ask for a trial on that issue and get another psychologist
appointed. If the two differ then the Court can appoint
a third psychologist to render an opinion. >> JOANNE: You said something telling there
about whether or not the boy is able to consult with his lawyer about the trial in his case
and I want to read briefly today in the "UT San Diego" the reporter who covered this hearing
writes a couple of sentences, "the child sat low in his seat during his brief appearance
in juvenile court at times looking up at his lawyer for guidance when the judge greeted
him the boy raised his hand and waved and the judge noted it might be difficult to explain
factors involving a speedy trial to a 10 year old and asked the defense lawyer if she was
able to make him understand and the lawyer answered to the extent possible in this situation.
We're wondering how a 10 year old would have the maturity to understand any of this.
>>> Alot will depend on the psychologist's report and the mental understanding of this
10 year old. There is an expert who said if he has the
ability of an 8 year old he won't be competent, period.
So a lot is going to depend on psychological test and go what that shows.
>> JOANNE: If he's found guilty what happens? >> In juvenile court there is a true finding,
he has entered a denial to the allegations of the petition, want a not guilty, a denial.
So the next step after the competency evaluation, let's say he's found that he can stand trial,
the next issue is did he understand the wrongfulness of his conduct so then there has to be another
examination of did he understand that his conduct was wrongful?
There is a second determination that then has to be made and if that is found, if he's
found that he did understand the wrongfulness, then the question of what is he guilty of
or not and what should happen to him kicks in.
If he's found not comptent then the juvenile court can do restoration of competency proceedings
and they do have facilities and group homes that are available to assist in the temporary
placement of the minor while that goes on and if he's not found comptent or he can't
meet the standard of wrongfulness then there are procedures that can be instituted for
a conservatorship to take care of this young man.
>> JOANNE: He could eventually go to a detention center up until he's 25?
>> If he got send to the division of juvenile justice he could be kept there potentially
to the age of 25 and then if he still is determined to be a danger could be kept there at 2 year
increments potentially for life. >> JOANNE: At the end of the day, all of your
experience and kids you have represented, what's your take away with this in terms of
kids being sent away, kids shouldn't be sent away?
>> Well, this young man is going toÊ my estimation most likely will end up in a group home that
will beÊ there are a number of group homes that are under contract with the state of
California to handle young people of this age who will get psychological, psychiatric
help and services to rehabilitate him and get over his disabilities and if he has a
developmental disability he will get referred to a regional center that can do the same
thing so I think people should be confident that there is sufficient programs in place
to take care of a young man like this and make sure he is not a danger.
>> JOANNE: Michael McGlinn thank you for being here.
>>> Thanks. >> DWANE: San Diego's mayor is getting involved
in a new push for same sex marriage and the folks who want to be mayor have been talking
about San Diego public schools, those stories in just a moment.
This
is
KPBS Evening Edition. >> DWANE: An event to bring together people
of different faiths in San Diego will feature a visit from the dalilama, we say scheduled
to visit San Diego's three largest universities, San Diego state, USD and UCSD, the schools
are holding a symposium in conjunction with the visit and he will be awarded the medal
of peace from USD, he won the Nobel Prize in 1989.
The mayor of San Diego is joining more than 70 others to support same sex marriage, mayor
Jerry sanders did an "about face" on the subject after learning his daughter is gay.
The groups role is to overturn the federal defense of marriage act.
>> JOANNE: Some of San Diego's mayoral candidates are weighing in on a topic that doesn't come
under the power of the mayor's office, education. KPBS Reporter Kyla Calvert has joined us to
talk about it. What are the candidates saying about the role
they want to play with regard to education? >> The two that have the most to say are Nathan
Fletcher and Bonnie Dumanis and here is what they have had to say.
>>> Policy oversight is trusted to the board which I'm proposing be expanded from 5 to
9 members the additional members would be appointed by the mayor.
>>> There are things that the mayor can do to create things.
What if we come in and say we are willing to be helpful and supportive ask we want to
try things out and put in place policies to have schools have longer school years, longer
school days. >> JOANNE: So interesting proposals.
>>> And that suggestion of Bonnie Dumanis to add members to the school board that's
part of an 8 point plan that she put out and that's the most aggressive point in that plan
and Nathan Fletcher has an education plan that he says will be out in the coming weeks
and he hasn't released the details but that's among the things that he said you could see
in it but he has said that it won't amount to a take over of the school district which
I think might be a response to what Dumanis has said and Carol Demayo said he thinks the
mayor should have a more traditional role and stay out of schools.
>>> I think you should lead by example and clean up your own mess, number 1.
Number two, once you have cleaned up your own mess then you have an opportunity to go
out and partner with the government agencies to help enhance their mission.
>> JOANNE: Congressman Baumer has no stance on this issue?
>> I haven't heard from him, but I'm sure he will have plenty to say at some point on
this matter. >> JOANNE: When are they getting involved
in this. >>> Dumanis seems to have taken on the education
issue, following involvement last year and in discussing the insolvency issue.
>>> Home values would drop further and additional state revenue would be lost as Parents' Turn
to other options. We would lose our ability to retain quality
teachers and administrators and recruiting and retaining businesses in our city would
be much more difficult. >> JOANNE: Interesting she is worried about
property values what about Nathan Fletcher? >> He seems to be concerned with student achievement
and quality of access. >>> You see the stats in the achievement gap
and the things that are taking place in certain neighborhoods because the kids are poor or
black or latino, it is inconsistent with our moral values of who we are as a people.
>> JOANNE: We do have examples in other cities where mayors have played a larger role in
education systems, New York, Boston, Chicago, D.C., what's been the outcome in these other
places? >> That's interesting.
What the outcome is depends on who it is that you're talking about.
Researchers do agree on certain things, they say that having the mayor take a very active
role in the schools does elevate the prominence of education issues for the entire electorate,
it's common in large cities like San Diego to I think 70% of the voters in San Diego
have no connection to the schools and that's common.
So the voter turnout for a board of education election can be small, 10, 15%, whereas for
the mayor you have 40, 50% of the voters and paying attention to what the mayor is saying,
whereas these board of education members many people in San Diego have no idea who they
are. So the mayors getting involved is successful
in elevating the conversation to something that everyone is following.
They say researchers agree that it provides more stability for school districts, they
tend to have longer labor agreements, keep their superintendents longer, they tend to
have more stable finances and that's in part because of that elevated prominence of the
mayor, they're able to bring in more kind of "clout" and influence so they bring in
more resources, they're more successful with lobbying Congress.
>> JOANNE: We'll follow this as the election continues, thank you so much, Kyla Calvert.
>> DWANE: For the third time this month a U.S. Navy ship has rescued Iranian fishermen
at sea, one crew member was rescued by helicopter and the others by boat.
They were on the sea for 3 days before being rescued.
A new type of Navy ship was laid out today, the mobile landing platform will be used as
a staging area for Marines and sailors, serving as a peer at sea, the U.S. N.S.monfort point
will be constructed and it should be complete early next year.
Your thoughts on snap dragon gate and other stories coming up, this is KPBS Evening Edition.
>> JOANNE: Welcome back to the public square on KPBS Evening Edition.
Tonight we have a mixed bag, some of your comments on the stories we have been covering
lately. I want to begin with a letter from Phil burns
in fall brook, he had something to say about spending money on a Chargers stadium and the
city's spending priorities. "There is a choice between a new stadium rather
than fix the roads? Sounds bizarre, I'm not interested in TV football
and I'm too old to drive you would solve the budget crisis by solving neither.
We heard from someone else, H.Kerlick via email, our policy towards Hispanic, especially
Mexican immigrants has been to make it relatively easy for them to enter and work here but nearly
impossible for them to become kit zenses. citizenses.
Yesterday I asked you about renaming the stadium Snap Dragongate.
Val wrote the mayor's illegal renaming of qualcomm is a symptom of the relationship
between him and Jacobses as they work on their mutually vanity projects.
We want toe hear from you, you can contact us on Facebook or Twitter and you can email
me. Let's go back to Dwane at the news desk where
he has a recap of tonight's top stories. >> DWANE: Governor brown came to San Diego
today to promote his tax initiative. He talked about the state being through severe
cuts and says there will be more cuts to all levels of education if his tax initiative
isn't passed by voters. He defended his decision to eliminate redevelopment
agencies. The Court marshal of the last defendant in
the Kadifa killings, Frank woodis ridge led a squad that killed Iraq citizens, he said
he was following combat orders. That trial resumes tomorrow.
A 10 year old East County boy remains in custody accused of stabbing his 12 year old neighbor
to death this week. A competency hearing will be held next month
to determine whether the boy should stand trial.
You can watch and comment on the stories you saw tonight on our web site, www.kpbs.org/news/evening
edition. Thanks for joining us, we're expecting possible
showers late Friday but more likely start, get the umbrella ready.
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