National Roundup

Hawaii
State Supreme Court orders inmates released due to virus
HONOLULU (AP) — The Hawaii Supreme Court ordered the temporary release of some detainees and inmates at the Oahu Community Correctional Center because of the coronavirus.

A COVID-19 outbreak has infected more than 200 people at the crowded jail and the court ordered the release over concerns there was not enough room to properly socially distance and stop the virus from spreading.

The court issued the decision Sunday to the state Department of Public Safety in response to a petition filed by the Office of the Public Defender.

The high court’s order requires all pretrial detainees charged with low-level crimes and those serving time for the same crimes to be temporarily released without a hearing before a judge.

“This court recognizes the impact of COVID-19 on Hawaii’s community correctional centers and facilities and the urgency by which suitable yet balanced action is required,” the order said.

There are exceptions for detainees accused of domestic violence or violating restraining orders or protective orders. Those who have tested positive for the virus or are awaiting a test or exhibiting symptoms are also excluded.

The Supreme Court on Monday issued another order for the release of inmates serving sentences of 18 months or less as a condition of a felony deferral or probation, or pretrial detainees charged with a felony.

Exceptions include those convicted or accused of sex assault or attempted sex assault, burglary, robbery, felony domestic abuse and unauthorized entry to a dwelling.

Defense attorney Myles Breiner called the order “a mediocre start.”

“This will lessen the population at OCCC somewhat, but the vast majority are there on felony and domestic violence cases,” Breiner said. “I’d be surprised if 50 people qualified. If 100 people qualified, it would be amazing.”

The Hawaii State Judiciary and the public safety department did not immediately say how many of the Oahu inmates would qualify for the conditional release.

For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some — especially older adults and people with existing health problems — it can cause more severe illness, including pneumonia, and death.

The number of infections is thought to be far higher because many people have not been tested, and studies suggest people can be infected with the virus without feeling sick.


New Jersey
Highest court: Law limits power of police oversight board
TRENTON, N.J. (AP) — New Jersey’s highest court found that state law limits the powers of a citizen police oversight board in Newark, reversing in part lower court decisions in the case, which has been ongoing for years.

The 6-1 decision on Wednesday from the state Supreme Court found that municipalities in New Jersey may create police oversight boards, but that those boards may not have subpoena power and that their investigations may not happen at the same time as the police department’s own internal investigation of misconduct, NJ.com reported.

Justice Jaynee LaVecchia, who wrote the majority decision, pointed out that the state’s legislature could amend the laws to allow police oversight boards different powers.

Police oversight boards may still review, “the overall operation of the police force, including the performance of its (Internal Affairs) function in its totality or its pattern of conduct, and provide the called-for periodic reports,” to officials, LaVecchia wrote.

The decision is the result of a lawsuit brought by the Fraternal Order of Police in Newark, which sued the city following the creation of the civilian police oversight board in 2016.

Newark established the board following a three-year U.S. Department of Justice investigation into the police force that uncovered systemic discrimination in pedestrian stops, excessive force and poor oversight. The city agreed to a set of reforms that are ongoing and overseen by a federal monitor.

New Mexico
Las Cruces agrees to pay $6M in wrongful death suit
LAS CRUCES, N.M. (AP) — A New Mexico city has agreed to pay a family more than $6 million in a wrongful death lawsuit stemming from the choking death of a Latino man in February.

The city of Las Cruces reached the agreement July 17 and promised to make the payment within 30 days to the family of Antonio Valenzuela, who died at the hands of a former police officer, the Las Cruces Sun News reported  Wednesday.

Albuquerque attorney Sam Bregman said the monetary compensation his clients received was substantial, adding that it would be “cost-prohibitive” for the department to be involved in future wrongful death lawsuits.

The police department also agreed to ban all forms of neck restraints and chokehold, host biannual training on de-escalation policies and provide racial bias training. Police also must adopt a warning system involving officers who use excessive force and forge a policy so officers can undergo yearly mental health exams.

“The family knows nothing will bring Antonio back, but they appreciate the city making an effort to change its policies to provide better policing,” Bregman said.

The settlement also states that the family had claims against former Police Officer Christopher Smelser and others in the department, but that the city payment waives each of those claims.

Valenzuela, 40, had a warrant out for his arrest because of a parole violation and fought with officers who tried to detain him after he fled from a traffic stop in Feb. 29, authorities said. Smelser, who is Hispanic, then placed him in a vascular neck restraint.

An autopsy report released the first week of June ruled Valenzuela’s death a homicide. His Adam’s apple was crushed, he had swelling in the brain, fractured ribs and damaged blood vessels in his eyes consistent with strangulation.

Smelser was later fired and faces a second-degree murder charge. Smelser’s attorney, Amy L. Orlando, previously said Smelser had been trained to use the hold and the murder charge was a political move meant to grab headlines amid national outcry over racial injustice and police brutality.