By Kathleen Flynn
Tonight, I will be attending yet another meeting at City Hall which will focus on public safety and policing. After the meeting, I will write a follow up story to post the details of what happened. I hope those of you who support our men and women in blue and who have been victims of crime will join me. For more information on the meeting, go to the City of San Jose website and see the announcement at the top of the home page.
The Mayor and City Council have spent years now listening to a small but vocal minority claiming that SJPD has been engaged in racial profiling, and unfairly targeting minorities. This group has put so much pressure on the Council that laws that were designed to protect us from unlawful behaviors like being drunk in public have been watered down so much so that I hate to see what comes next.
Unless and until more people start speaking up for victims of crime, supporting SJPD, and demanding the hiring of more officers, the real issues of lawlessness that face our city will never be addressed. Victims of crime will continue to fall by the wayside and remain without a voice.
Our under-staffed and over-worked police will continue to feel unappreciated, and our citizens will continue to be affected by increases in crime while criminals walk free. The small, vocal minority that fights so hard for the rights of law breakers will continue to garner all the attention and City resources while deflecting the need for change in their direction, and the hiring of more police officers will be put off for yet another year.
Please tell your friends and neighbors about tonight’s meeting and join me. Or email the Mayor and Council to offer your support of our excellent SJPD and speak out in favor of putting victims’ rights first.
Thank you!
Kathleen Flynn is a professional mediator and community activist.
Showing posts with label Kathleen Flynn. Show all posts
Showing posts with label Kathleen Flynn. Show all posts
Wednesday, October 14, 2009
Wednesday, September 30, 2009
Enough is Enough
By Kathleen Flynn
Often times in high-profile cases, the victim, their families, and friends get lost in the media hype of political campaigns and community groups with personal agendas. If you look at infamous cases like Rodney King, O.J. Simpson, Michael Jackson, and DeShawn Campbell, you’d be hard pressed to figure out who the real victims are.
The problem as I see it starts when the media turns offenders, prosecutors, and police personnel into celebrities. It all becomes one big out-of-control circus that is soon joined by the political posturing of community leaders and groups and others with personal agendas. Groups campaigning against the death penalty, groups opposing law enforcement, community leaders screaming about racial discrimination take center stage, yet no one seems to notice the casualties that are being left behind in the dust on the field.
I remember reading about the shooting of Officer Jeffery Fontana. I felt heart broken for him, his family, and his friends. It wasn’t until the media started reporting stories that were bent on creating sympathy for DeShawn Campbell — along with my meeting of Officer Fontana’s mother, Sandy, at a vigil to honor victims of violent crimes — that I realized the true injustice that was occurring. The pain these families suffer at the hands of the media and all of the other players inspired me to give them a voice in this column. During that vigil, I listened to the heart wrenching re-victimization stories of victims and family members who not only suffered publicly at the hands of the sensationalistic media, but also at the hands of the very offices that are being paid to ensure justice for them or their lost loved ones.
Currently, we are seeing such a case play out in our local media instead of in the courtroom or in the voting booth where it belongs. Questions of ethical impropriety and early political campaigning are overshadowing the tragic murder of one of our very own much-loved community members. These outrageous behaviors being guised as “the public’s right to know,” are endangering not only the possible conviction of known criminals, but are also causing great pain to an innocent family that has lost a loved one in the commission of a violent crime.
Enough is enough. I am calling on the media, prosecutors, community groups, and law enforcement to end the political rhetoric and put the focus back where it belongs: on the victim and how we can use this tragedy to improve the safety of our communities and to support families that continue to suffer from the loss of a loved one.
Kathleen Flynn is a professional mediator and community activist.
Often times in high-profile cases, the victim, their families, and friends get lost in the media hype of political campaigns and community groups with personal agendas. If you look at infamous cases like Rodney King, O.J. Simpson, Michael Jackson, and DeShawn Campbell, you’d be hard pressed to figure out who the real victims are.
The problem as I see it starts when the media turns offenders, prosecutors, and police personnel into celebrities. It all becomes one big out-of-control circus that is soon joined by the political posturing of community leaders and groups and others with personal agendas. Groups campaigning against the death penalty, groups opposing law enforcement, community leaders screaming about racial discrimination take center stage, yet no one seems to notice the casualties that are being left behind in the dust on the field.
I remember reading about the shooting of Officer Jeffery Fontana. I felt heart broken for him, his family, and his friends. It wasn’t until the media started reporting stories that were bent on creating sympathy for DeShawn Campbell — along with my meeting of Officer Fontana’s mother, Sandy, at a vigil to honor victims of violent crimes — that I realized the true injustice that was occurring. The pain these families suffer at the hands of the media and all of the other players inspired me to give them a voice in this column. During that vigil, I listened to the heart wrenching re-victimization stories of victims and family members who not only suffered publicly at the hands of the sensationalistic media, but also at the hands of the very offices that are being paid to ensure justice for them or their lost loved ones.
Currently, we are seeing such a case play out in our local media instead of in the courtroom or in the voting booth where it belongs. Questions of ethical impropriety and early political campaigning are overshadowing the tragic murder of one of our very own much-loved community members. These outrageous behaviors being guised as “the public’s right to know,” are endangering not only the possible conviction of known criminals, but are also causing great pain to an innocent family that has lost a loved one in the commission of a violent crime.
Enough is enough. I am calling on the media, prosecutors, community groups, and law enforcement to end the political rhetoric and put the focus back where it belongs: on the victim and how we can use this tragedy to improve the safety of our communities and to support families that continue to suffer from the loss of a loved one.
Kathleen Flynn is a professional mediator and community activist.
Wednesday, September 16, 2009
Early Release
By Kathleen Flynn
I have grave concerns about media reports on the possibility of early prison releases and reducing criminal charges to save money. Our economy and jobless rate are resulting in increased crime and some questionable proposed budgetary fixes by both State and local governments. In a recent Mercury News editorial by District Attorney Dolores Carr and Dennis Graham, they express serious concerns about a proposal to reduce criminal charges from misdemeanors to felonies so that criminals can be sent to county jails instead of state prisons, thus saving the state millions of dollars. The results of this proposal would have devastating affects not only on public safety but on our already understaffed public safety and enforcement departments.
The San Jose Police Department currently has 1,352 officers to serve over a million citizens. In the year 2010, an estimated 40-50 officers will be retiring, taking with them approximately 2,000 combined years of experience, and will reduce our Police Department to a grim 1,312-1,302 officers. With budget constraints at the state level, a proposed raiding of city funds, and a seeming lack of willingness on the part of our City Council to hire the amount of officers we truly need to serve our community, I fear the situation is only going to go from bad to worse.
With the early release of prisoners and reduced criminal charges, we will be creating a monster of enormous proportions. Not only will the safety of our neighborhoods and police officers be jeopardized, but we also will be forced to contend with more highly-sophisticated criminals who will be using more efficient technologies to commit crimes in our community. Getting a job once you’re a felon is difficult, and this tends to lead them back to the profession they know best: crime, and the victimization of others.
Our parole, and probation departments are already understaffed, over-worked, and carrying huge caseloads. If these proposals go forth, keeping track of perpetrators will be nearly impossible. Our judges and courts will be even more overloaded with cases, and justice for victims will fall by the way side even more drastically than it does now.
According to Amy Cornell, Public Information Officer for the Santa Clara County District Attorney's Office, “With the poor economy already resulting in cutbacks in positions, the number of cases we see come through our office could increase at an overwhelming rate. Prisoners who are considered ‘low risk’ will be the ones released, but with the reduction and elimination of parole supervision, we could be seeing a massive spike in re-offenses. In essence, we are minimizing the severity of certain crimes by allowing criminals to go free. Criminals are being allowed to escape accountability and proper punishment for their crimes. This is a disservice to our community, and a serious threat to public safety.
“In addition, it is proposed that parolees would only be sent back to prison as a result of being convicted of a new offense, not for being in violation of parole conditions. Before, we might not file a new criminal case if the parolee was being sent back to prison anyway. Also, early releases to the county of commitment, i.e. Santa Clara County, will include more rehabilitation programs. The problem is that local governments are not getting any additional money to either provide those rehabilitation programs or to prosecute parolees for new offenses. The bottom line is that the proposals will balance the state budget on the backs of local government.”
If that isn’t enough to concern us all, a recent article by April Dembosky in the Mercury News discusses the seriousness of communicable diseases that will be brought into our communities by prisoners released into our communities. Health care provided in prisons is insufficient; so many prisoners will carry HIV, Hepatitis C, and Tuberculosis into our communities. With people going without health care, and many struggling to get or keep health care for themselves and their children, the added possibility of being exposed to highly contagious diseases being brought into our communities by criminals just to cut state costs is very alarming to me.
In writing this article, I urge readers to call or write the Governor, members of the State Legislature, the Mayor and City Council, even Senators and Congressmembers, asking them not to allow this travesty of justice. Thank you!
Kathleen Flynn is a professional mediator and community activist.
I have grave concerns about media reports on the possibility of early prison releases and reducing criminal charges to save money. Our economy and jobless rate are resulting in increased crime and some questionable proposed budgetary fixes by both State and local governments. In a recent Mercury News editorial by District Attorney Dolores Carr and Dennis Graham, they express serious concerns about a proposal to reduce criminal charges from misdemeanors to felonies so that criminals can be sent to county jails instead of state prisons, thus saving the state millions of dollars. The results of this proposal would have devastating affects not only on public safety but on our already understaffed public safety and enforcement departments.
The San Jose Police Department currently has 1,352 officers to serve over a million citizens. In the year 2010, an estimated 40-50 officers will be retiring, taking with them approximately 2,000 combined years of experience, and will reduce our Police Department to a grim 1,312-1,302 officers. With budget constraints at the state level, a proposed raiding of city funds, and a seeming lack of willingness on the part of our City Council to hire the amount of officers we truly need to serve our community, I fear the situation is only going to go from bad to worse.
With the early release of prisoners and reduced criminal charges, we will be creating a monster of enormous proportions. Not only will the safety of our neighborhoods and police officers be jeopardized, but we also will be forced to contend with more highly-sophisticated criminals who will be using more efficient technologies to commit crimes in our community. Getting a job once you’re a felon is difficult, and this tends to lead them back to the profession they know best: crime, and the victimization of others.
Our parole, and probation departments are already understaffed, over-worked, and carrying huge caseloads. If these proposals go forth, keeping track of perpetrators will be nearly impossible. Our judges and courts will be even more overloaded with cases, and justice for victims will fall by the way side even more drastically than it does now.
According to Amy Cornell, Public Information Officer for the Santa Clara County District Attorney's Office, “With the poor economy already resulting in cutbacks in positions, the number of cases we see come through our office could increase at an overwhelming rate. Prisoners who are considered ‘low risk’ will be the ones released, but with the reduction and elimination of parole supervision, we could be seeing a massive spike in re-offenses. In essence, we are minimizing the severity of certain crimes by allowing criminals to go free. Criminals are being allowed to escape accountability and proper punishment for their crimes. This is a disservice to our community, and a serious threat to public safety.
“In addition, it is proposed that parolees would only be sent back to prison as a result of being convicted of a new offense, not for being in violation of parole conditions. Before, we might not file a new criminal case if the parolee was being sent back to prison anyway. Also, early releases to the county of commitment, i.e. Santa Clara County, will include more rehabilitation programs. The problem is that local governments are not getting any additional money to either provide those rehabilitation programs or to prosecute parolees for new offenses. The bottom line is that the proposals will balance the state budget on the backs of local government.”
If that isn’t enough to concern us all, a recent article by April Dembosky in the Mercury News discusses the seriousness of communicable diseases that will be brought into our communities by prisoners released into our communities. Health care provided in prisons is insufficient; so many prisoners will carry HIV, Hepatitis C, and Tuberculosis into our communities. With people going without health care, and many struggling to get or keep health care for themselves and their children, the added possibility of being exposed to highly contagious diseases being brought into our communities by criminals just to cut state costs is very alarming to me.
In writing this article, I urge readers to call or write the Governor, members of the State Legislature, the Mayor and City Council, even Senators and Congressmembers, asking them not to allow this travesty of justice. Thank you!
Kathleen Flynn is a professional mediator and community activist.
Wednesday, September 9, 2009
California Leads the Way
By Julianne Sylva
Since the late 1980's, the District Attorney has dedicated a team of professionals to locate and recover children who have been abducted by a parent or family member. This is a complicated area of the law as the district attorney may utilize either criminal or civil laws in family abduction cases.
While I cannot comment specifically on the case presented by Kathleen Flynn in last Wednesday’s blog on this site, I can give some general information about family abduction matters that might be helpful.
In California, a person may not withhold, conceal or abduct a child from another person who has a right of custody to the child. This is different than most states as California does not require that a custody order be violated. In California, both parents have an equal right of custody to the child, even without a court order.
California has been used as a model for other states in this regard. The national Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA), which has been adopted in 48 of 50 states, is based upon the California Civil Code sections that mandate that prosecutors locate and recover children taken in violation of a person's right to custody. What is so helpful about these civil code sections is that they provide the district attorney with additional tools other than prosecution in order to locate and recover children.
This is important because an arrest warrant may be served upon an abductor, but it will not get the child back to the left-behind parent or guardian. Alternatively, under the civil enforcement option, the prosecutor may get a protective custody warrant for the child and recover the child. Both parents or guardians then return to family court where the judge may resolve outstanding custody and visitation issues.
Another great tool provided to prosecutors is that we may facilitate communication between judges. For example, if one court issues an order regarding custody and a parent removes the child to another jurisdiction and gets another order without revealing that there was a prior order, there would be two conflicting orders. A judicial communication (a fancy term for getting the judges to talk on the record, in their respective courtrooms, with the parties present in their jurisdictions and the matter being conducted on speakerphone and taken down on the record) enables the judges to examine the case history and documents and make a determination as to which court order takes precedence.
I want to take this opportunity to remind you that there is no waiting period to report a missing child, despite what you may hear on television (Penal Code 14205). In fact, we ask that police take a missing person's report and enter the information into the Missing and Unidentified Person System (MUPS) any time a parent or guardian reports to the police that he or she does not know where the other parent and child are. This is because, even if the parent is with the other child and the parent takes the child from the other parent and withholds the child, if the other parent does not know where they are located, the child is considered "missing."
If a situation arises such as the case Kathleen describes in her blog, please contact the district attorney's office in the county where the left-behind parent lives. There are 58 counties in our fine state, and most DA offices have individuals trained to handle these cases.
Our District Attorney, Dolores Carr, created a special service for Santa Clara County residents who wish to report a visitation violation. Her office website now allows a parent to make a visitation violation report online without having to contact their local police agency. This not only frees up valuable police resources and time but also saves the reporting party from having to go to the police station to collect a copy of the report as the party can print the report out immediately at home.
Please be advised that, upon receipt of the online visitation report, the District Attorney's Office will not take further action on the reported violation, but the reporting party may use this report in any future family court filing.
If you have any questions, you may contact me directly at (408) 792-2523 or jsylva@da.sccgov.org. If you’d like our assistance on an abduction case, I ask that you please call our intake number at (408) 792-2921 during business hours.
Julianne Sylva is a Deputy District Attorney for Santa Clara County assigned to the DA’s Child Abduction Unit. She wrote this article in response to last week’s blog by Kathleen Flynn and the comments it generated.
Since the late 1980's, the District Attorney has dedicated a team of professionals to locate and recover children who have been abducted by a parent or family member. This is a complicated area of the law as the district attorney may utilize either criminal or civil laws in family abduction cases.
While I cannot comment specifically on the case presented by Kathleen Flynn in last Wednesday’s blog on this site, I can give some general information about family abduction matters that might be helpful.
In California, a person may not withhold, conceal or abduct a child from another person who has a right of custody to the child. This is different than most states as California does not require that a custody order be violated. In California, both parents have an equal right of custody to the child, even without a court order.
California has been used as a model for other states in this regard. The national Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA), which has been adopted in 48 of 50 states, is based upon the California Civil Code sections that mandate that prosecutors locate and recover children taken in violation of a person's right to custody. What is so helpful about these civil code sections is that they provide the district attorney with additional tools other than prosecution in order to locate and recover children.
This is important because an arrest warrant may be served upon an abductor, but it will not get the child back to the left-behind parent or guardian. Alternatively, under the civil enforcement option, the prosecutor may get a protective custody warrant for the child and recover the child. Both parents or guardians then return to family court where the judge may resolve outstanding custody and visitation issues.
Another great tool provided to prosecutors is that we may facilitate communication between judges. For example, if one court issues an order regarding custody and a parent removes the child to another jurisdiction and gets another order without revealing that there was a prior order, there would be two conflicting orders. A judicial communication (a fancy term for getting the judges to talk on the record, in their respective courtrooms, with the parties present in their jurisdictions and the matter being conducted on speakerphone and taken down on the record) enables the judges to examine the case history and documents and make a determination as to which court order takes precedence.
I want to take this opportunity to remind you that there is no waiting period to report a missing child, despite what you may hear on television (Penal Code 14205). In fact, we ask that police take a missing person's report and enter the information into the Missing and Unidentified Person System (MUPS) any time a parent or guardian reports to the police that he or she does not know where the other parent and child are. This is because, even if the parent is with the other child and the parent takes the child from the other parent and withholds the child, if the other parent does not know where they are located, the child is considered "missing."
If a situation arises such as the case Kathleen describes in her blog, please contact the district attorney's office in the county where the left-behind parent lives. There are 58 counties in our fine state, and most DA offices have individuals trained to handle these cases.
Our District Attorney, Dolores Carr, created a special service for Santa Clara County residents who wish to report a visitation violation. Her office website now allows a parent to make a visitation violation report online without having to contact their local police agency. This not only frees up valuable police resources and time but also saves the reporting party from having to go to the police station to collect a copy of the report as the party can print the report out immediately at home.
Please be advised that, upon receipt of the online visitation report, the District Attorney's Office will not take further action on the reported violation, but the reporting party may use this report in any future family court filing.
If you have any questions, you may contact me directly at (408) 792-2523 or jsylva@da.sccgov.org. If you’d like our assistance on an abduction case, I ask that you please call our intake number at (408) 792-2921 during business hours.
Julianne Sylva is a Deputy District Attorney for Santa Clara County assigned to the DA’s Child Abduction Unit. She wrote this article in response to last week’s blog by Kathleen Flynn and the comments it generated.
Wednesday, September 2, 2009
Gender Bias and the Judicial System
By Kathleen Flynn
Does the judicial system treat men differently than women when it comes to child custody and providing legal representation? A recent incident has made me wonder. My neighbor came home from work a month ago to find his live-in girl friend of three years gone. She had packed up all her things and left with their newborn son. He had no idea she was leaving. Being close to both of them and Godmother to their son, neither did I.
After trying to call her to no avail, he came to my door in tears asking me if I knew where she was. When she wouldn’t answer her cell phone for me, I advised him to call the Police. SJPD came out and tried calling her too but no luck. We suspected that she was at her mothers in Visalia. SJPD called the Visalia Police.
The Visalia Police finally reached the young woman who simply said, “I don’t want to live with him any more,” and the Visalia Police left it at that. SJPD let my neighbor know that it was now a civil matter, and after trying to console him a bit they left.
The next day, I made several calls and got advice on where to send him for legal assistance. Since he lost his job over this, he qualified for Legal Aid. He went down there but they refused to help him, citing not enough staff. An attorney I know who works in the Family Law Clinic had me send him to a free clinic in San Jose. After several hours wait, he had to fill out his own paperwork with very little guidance, take it down to the court, file it, and wait another ten days until the judge issued a court order.
I had him call the DA’s Office for help. Their office was very helpful and compassionate. The clerk had him come down immediately and fill out paperwork, so they could assist him. I asked the clerk why the Police didn’t put out an Amber Alert when the child was abducted. She said she didn’t know but that the mother could not leave the County with the infant without a court order. She advised that once the judge issued an order he was to bring it to them immediately so they could track her down and serve her.
Ten days later, the judge finally ordered the mother back to Santa Clara County and set a court date for September 18th. The judge knew the mother was unemployed, living with her mother — who is on drugs and on Welfare with three other children — and had abducted his child. Yet the judge refused to give him temporary custody, even though he lives with his fully-employed mother, and has the means and will to take care of his son. No visitation order before the court date was made either. The DA’s Office has spoken to the young woman to notify her that she must return immediately, but she has refused, so they are still working to locate her residence.
In the midst of all this, I have continually wondered: Would they have treated her the same way if the situation were reversed? Would Legal Aid, attorneys, authorities, the judge, and the judicial system have behaved with the same disinterest they have toward him? If he had taken the child, would they have asked her if she beat him, or beat her son, or cheated on him? I don’t believe anyone in authority would ask a woman those kinds of questions.
What do you think?
Kathleen Flynn is a professional mediator and community activist.
Does the judicial system treat men differently than women when it comes to child custody and providing legal representation? A recent incident has made me wonder. My neighbor came home from work a month ago to find his live-in girl friend of three years gone. She had packed up all her things and left with their newborn son. He had no idea she was leaving. Being close to both of them and Godmother to their son, neither did I.
After trying to call her to no avail, he came to my door in tears asking me if I knew where she was. When she wouldn’t answer her cell phone for me, I advised him to call the Police. SJPD came out and tried calling her too but no luck. We suspected that she was at her mothers in Visalia. SJPD called the Visalia Police.
The Visalia Police finally reached the young woman who simply said, “I don’t want to live with him any more,” and the Visalia Police left it at that. SJPD let my neighbor know that it was now a civil matter, and after trying to console him a bit they left.
The next day, I made several calls and got advice on where to send him for legal assistance. Since he lost his job over this, he qualified for Legal Aid. He went down there but they refused to help him, citing not enough staff. An attorney I know who works in the Family Law Clinic had me send him to a free clinic in San Jose. After several hours wait, he had to fill out his own paperwork with very little guidance, take it down to the court, file it, and wait another ten days until the judge issued a court order.
I had him call the DA’s Office for help. Their office was very helpful and compassionate. The clerk had him come down immediately and fill out paperwork, so they could assist him. I asked the clerk why the Police didn’t put out an Amber Alert when the child was abducted. She said she didn’t know but that the mother could not leave the County with the infant without a court order. She advised that once the judge issued an order he was to bring it to them immediately so they could track her down and serve her.
Ten days later, the judge finally ordered the mother back to Santa Clara County and set a court date for September 18th. The judge knew the mother was unemployed, living with her mother — who is on drugs and on Welfare with three other children — and had abducted his child. Yet the judge refused to give him temporary custody, even though he lives with his fully-employed mother, and has the means and will to take care of his son. No visitation order before the court date was made either. The DA’s Office has spoken to the young woman to notify her that she must return immediately, but she has refused, so they are still working to locate her residence.
In the midst of all this, I have continually wondered: Would they have treated her the same way if the situation were reversed? Would Legal Aid, attorneys, authorities, the judge, and the judicial system have behaved with the same disinterest they have toward him? If he had taken the child, would they have asked her if she beat him, or beat her son, or cheated on him? I don’t believe anyone in authority would ask a woman those kinds of questions.
What do you think?
Kathleen Flynn is a professional mediator and community activist.
Wednesday, August 19, 2009
Parent-Teen Mediation and How It Can Help
By Kathleen Flynn
Laws governing how you can discipline your child have changed considerably. If you use any type of physical force on your child, spouse, or a family member you can go to jail. Once you are arrested, jailed, and ordered to appear in court your whole life will change and not for the better. Luckily, the DA’s Office offers families without a history of violence an option to consider avoiding prosecution. The DA’s Office sends cases to mediation in an effort to empower families to better communicate and come up with improved skills in which to handle conflict. The County’s Dispute Resolution Program (DRPS) receives DA referrals and provides the community with just that type of service.
Last week, I handled such a case. A mother and daughter got into a physical altercation over a cell phone. After attending a Birthday party, were she had had a few drinks, the mother came home at 1:00 am to find her teenage daughter talking and texting on her cell phone. When she told her daughter to give her the phone and go to bed, the daughter told her mother to get out of her room and mind her own business. The fight escalated from yelling into a physical tug of war over the cell phone which ended in black eyes, a swollen ear, choke marks on the daughter’s neck, and a bloody foot that ended in a trip to the Emergency Room, and 7 stitches. During the fight, a neighbor called the Police. The mother ended up in jail, and the teen ended up in a shelter run by Child Protective Services.
When the mother and daughter recounted their version of the events, I was struck by the immense lack of compassion and communication I saw between them. As I listened to the mother telling me that she lost her job because she had to miss so much time to keep her court dates, the loss of some friendships, and humiliation she has suffered from this experience, I was surprised to hear them both say that if they had they known that programs like ours existed maybe this and other fights could have been avoided.
Parent/Teen Mediation, or any type of mediation through DRPS is a voluntary program that is free to the public. It is not therapy or counseling. Mediation is a setting in which you can clear the air and find positive, constructive ways of dealing with volatile emotions in a safe place. It isn’t as formal or frightening as it sounds.
After scheduling an appointment, you will meet with two experienced mediators that will listen to both sides of the story. Everything said in the mediation is kept strictly confidential. They are not there to judge you, nor will they tell you what to do. They are there simply to assist you and your child, family member, or spouse in learning active listening skills and ways to communicate more effectively. Once you have reached an agreement on how to do things differently, the mediators will put it in writing so that both of you know what was agreed to. No one sees that agreement but you. You may come back for a second or third mediation if you need to.
For more information on the Dispute Resolution Program you may call Brohne Lawhorne at 408-792-2330, or email him at Brohne.Lawhorne@ohr.sccgov.org.
Kathleen Flynn is a professional mediator and community activist.
Laws governing how you can discipline your child have changed considerably. If you use any type of physical force on your child, spouse, or a family member you can go to jail. Once you are arrested, jailed, and ordered to appear in court your whole life will change and not for the better. Luckily, the DA’s Office offers families without a history of violence an option to consider avoiding prosecution. The DA’s Office sends cases to mediation in an effort to empower families to better communicate and come up with improved skills in which to handle conflict. The County’s Dispute Resolution Program (DRPS) receives DA referrals and provides the community with just that type of service.
Last week, I handled such a case. A mother and daughter got into a physical altercation over a cell phone. After attending a Birthday party, were she had had a few drinks, the mother came home at 1:00 am to find her teenage daughter talking and texting on her cell phone. When she told her daughter to give her the phone and go to bed, the daughter told her mother to get out of her room and mind her own business. The fight escalated from yelling into a physical tug of war over the cell phone which ended in black eyes, a swollen ear, choke marks on the daughter’s neck, and a bloody foot that ended in a trip to the Emergency Room, and 7 stitches. During the fight, a neighbor called the Police. The mother ended up in jail, and the teen ended up in a shelter run by Child Protective Services.
When the mother and daughter recounted their version of the events, I was struck by the immense lack of compassion and communication I saw between them. As I listened to the mother telling me that she lost her job because she had to miss so much time to keep her court dates, the loss of some friendships, and humiliation she has suffered from this experience, I was surprised to hear them both say that if they had they known that programs like ours existed maybe this and other fights could have been avoided.
Parent/Teen Mediation, or any type of mediation through DRPS is a voluntary program that is free to the public. It is not therapy or counseling. Mediation is a setting in which you can clear the air and find positive, constructive ways of dealing with volatile emotions in a safe place. It isn’t as formal or frightening as it sounds.
After scheduling an appointment, you will meet with two experienced mediators that will listen to both sides of the story. Everything said in the mediation is kept strictly confidential. They are not there to judge you, nor will they tell you what to do. They are there simply to assist you and your child, family member, or spouse in learning active listening skills and ways to communicate more effectively. Once you have reached an agreement on how to do things differently, the mediators will put it in writing so that both of you know what was agreed to. No one sees that agreement but you. You may come back for a second or third mediation if you need to.
For more information on the Dispute Resolution Program you may call Brohne Lawhorne at 408-792-2330, or email him at Brohne.Lawhorne@ohr.sccgov.org.
Kathleen Flynn is a professional mediator and community activist.
Wednesday, August 5, 2009
Opening Police Records
By Kathleen Flynn
As a Victim’s Right Advocate and a mediator who has worked with both victims and offenders, I fervently oppose opening Police records to the press and the public for a number of reasons. If the City were to cave in and enact said policy, who would oversee and hold the press accountable for what they print? The answer, absolutely no one! Clearly the media has a problem with grasping the difference between facts vs. fiction, personal bias vs. truth, and sensationalism vs. true journalism. Pick up a paper, or turn on the TV or radio, and read about the woman who murdered her child, ate her brain, tore her face off, and then tried to kill herself. I rest my case.
If there were an open policy for the press to read Police records, and you were a rape victim or if your neighbor molested your child the press would be allowed to read every detail of your assault, or your child’s molestation. You would be re-victimized, and forced to relive that horror every day thanks to sensationalistic reporting.
How many victims of rape or any other victim of violent crime do you think would come forward knowing that their right to privacy is going to be violated by prying eyes? Rape and violent crimes are already grossly under-reported as it is, and this type of “sunshine” isn’t going to benefit a single victim I know or have worked with.
What about the rights of someone who has been falsely accused of a crime, or the families of offenders who suffer hate crimes due to press coverage of the case? What about groups like the ACLU, the NAACP, and others who are lying in wait to sue the Police Department or the City over something they think should have been handled differently? None of these groups are trained or skilled in Police work, policies, or procedures, nor were they at the scene of the crime, nor were they sitting in on interviews of witnesses or offenders yet they would be allowed to make judgments on practices they have no expertise in.
While these are just some of the concerns I have on this topic, let me leave you with this to ponder: How much easier would we be making it on child molesters, rapists, robbers, or gang members to study the way Police investigations are handled so that they could cover their tracks better, or figure out exactly who provided the Police with information on apprehending them so they could take their revenge?
Kathleen Flynn is a professional mediator and community activist.
As a Victim’s Right Advocate and a mediator who has worked with both victims and offenders, I fervently oppose opening Police records to the press and the public for a number of reasons. If the City were to cave in and enact said policy, who would oversee and hold the press accountable for what they print? The answer, absolutely no one! Clearly the media has a problem with grasping the difference between facts vs. fiction, personal bias vs. truth, and sensationalism vs. true journalism. Pick up a paper, or turn on the TV or radio, and read about the woman who murdered her child, ate her brain, tore her face off, and then tried to kill herself. I rest my case.
If there were an open policy for the press to read Police records, and you were a rape victim or if your neighbor molested your child the press would be allowed to read every detail of your assault, or your child’s molestation. You would be re-victimized, and forced to relive that horror every day thanks to sensationalistic reporting.
How many victims of rape or any other victim of violent crime do you think would come forward knowing that their right to privacy is going to be violated by prying eyes? Rape and violent crimes are already grossly under-reported as it is, and this type of “sunshine” isn’t going to benefit a single victim I know or have worked with.
What about the rights of someone who has been falsely accused of a crime, or the families of offenders who suffer hate crimes due to press coverage of the case? What about groups like the ACLU, the NAACP, and others who are lying in wait to sue the Police Department or the City over something they think should have been handled differently? None of these groups are trained or skilled in Police work, policies, or procedures, nor were they at the scene of the crime, nor were they sitting in on interviews of witnesses or offenders yet they would be allowed to make judgments on practices they have no expertise in.
While these are just some of the concerns I have on this topic, let me leave you with this to ponder: How much easier would we be making it on child molesters, rapists, robbers, or gang members to study the way Police investigations are handled so that they could cover their tracks better, or figure out exactly who provided the Police with information on apprehending them so they could take their revenge?
Kathleen Flynn is a professional mediator and community activist.
Wednesday, July 22, 2009
I Didn't Click It
By Kathleen Flynn
I have Rheumatoid Arthritis in my hands so putting on my seat belt isn’t easy. I was in the parking lot struggling to get mine on. I couldn’t so I just drove away. I was merging onto the freeway when sure enough I saw a Police Officer pulling up behind me red, white, and blue lights on, and telling me over a speaker to pull over. I knew I was in the wrong and realized I’d just have to suck it up and accept the consequences of my ignorant decision not to click it.
The Officer walked up to my window and immediately began lecturing me on how many fatalities occur everyday due to the lack of wearing a seat belt. He went into great detail about how many people would have survived had they just chosen to click it. This Officer wasn’t speaking to me in a calm way either. He was angry, disgusted, and quite honestly I was pretty irritated with him for his tone. He demanded my license and registration and huffed off to his car.
As I watched him in my rear view mirror, I began to think about what he had just told me. I began to realize he wasn’t angry so much as he was concerned about my safety. He returned to my car he gave me a ticket, and explained that he had just returned from a fatal car crash. He said he didn’t want to see that happen to me. My irritation about getting a ticket, and an attitude from him dissolved into compassion. He was only human and was probably pretty shaken up by what he had just seen.
I sincerely thanked him for caring about my safety. He looked stunned for a moment and walked away. To my surprise, he turned around and came back. He looked at me and in a soft, respectful voice asked me if I knew how to get back on the freeway. I said yes, but he followed me anyway to make sure I got back on safely.
On my drive home I reflected on how little we know about what Officers experience everyday. I began thinking about being on the parking patrol at my condo complex. Residents yelled at me when I asked them to move their car off the red curb, even though I explained the need to keep it clear in case of fire. I began to feel real compassion and gratitude toward that Officer.
So Officer if you are reading this thanks for stopping me that day. Painful hands or not, I have never gotten into the car without a seat belt since. Readers, when stopped by Police try to remember that Officer you want to get an attitude with might have just left a horrific crime, or accident. Give him/her a break because that Officer might be the one who keeps your son, daughter, or mother out of harm’s way.
To all of you Officers, thank you for your service and stay safe!
Kathleen Flynn is a professional mediator and community activist.
I have Rheumatoid Arthritis in my hands so putting on my seat belt isn’t easy. I was in the parking lot struggling to get mine on. I couldn’t so I just drove away. I was merging onto the freeway when sure enough I saw a Police Officer pulling up behind me red, white, and blue lights on, and telling me over a speaker to pull over. I knew I was in the wrong and realized I’d just have to suck it up and accept the consequences of my ignorant decision not to click it.
The Officer walked up to my window and immediately began lecturing me on how many fatalities occur everyday due to the lack of wearing a seat belt. He went into great detail about how many people would have survived had they just chosen to click it. This Officer wasn’t speaking to me in a calm way either. He was angry, disgusted, and quite honestly I was pretty irritated with him for his tone. He demanded my license and registration and huffed off to his car.
As I watched him in my rear view mirror, I began to think about what he had just told me. I began to realize he wasn’t angry so much as he was concerned about my safety. He returned to my car he gave me a ticket, and explained that he had just returned from a fatal car crash. He said he didn’t want to see that happen to me. My irritation about getting a ticket, and an attitude from him dissolved into compassion. He was only human and was probably pretty shaken up by what he had just seen.
I sincerely thanked him for caring about my safety. He looked stunned for a moment and walked away. To my surprise, he turned around and came back. He looked at me and in a soft, respectful voice asked me if I knew how to get back on the freeway. I said yes, but he followed me anyway to make sure I got back on safely.
On my drive home I reflected on how little we know about what Officers experience everyday. I began thinking about being on the parking patrol at my condo complex. Residents yelled at me when I asked them to move their car off the red curb, even though I explained the need to keep it clear in case of fire. I began to feel real compassion and gratitude toward that Officer.
So Officer if you are reading this thanks for stopping me that day. Painful hands or not, I have never gotten into the car without a seat belt since. Readers, when stopped by Police try to remember that Officer you want to get an attitude with might have just left a horrific crime, or accident. Give him/her a break because that Officer might be the one who keeps your son, daughter, or mother out of harm’s way.
To all of you Officers, thank you for your service and stay safe!
Kathleen Flynn is a professional mediator and community activist.
Wednesday, July 8, 2009
You Are Not Alone!
By Kathleen Flynn
A rape prevention class saved my fiancé’s life and mine when we were victims of road rage that could’ve ended in a stabbing.
We were driving home one night after a late night meeting. We were stopped at a stop sign. An SUV sped up behind us and passed too close, almost hitting us. My fiancé honked his horn — a natural reaction — and I watched in horror as the driver spun around and started chasing after us. Of course this would be the one time we didn’t have our cell phone with us so we were pretty much on our own until we could get to a phone.
Even in my terror, I began to remember what I was taught in the rape prevention class I took. They said to try to remain calm in a crisis, never drive home if you are being followed and whenever possible, drive to the nearest police station, or brightly lit busy convenience store. I told my fiancé to pull down a side street, and not into our driveway, and to get on the main street as soon as possible. The SUV caught up and cut us off, boxing us in behind a parked car. The driver got out, stood in front of my car, and started threatening to kill us.
He didn’t look like the creeps you see in the movies, quit the contrary. I was deeply struck by the fact that the man standing before us was an attractive, blonde haired, blue eyed, young man in his late 20s early 30s. He didn’t have any tattoos, was nicely dressed, and spoke in a soft voice. The only thing that gave me cause for alarm besides the fact that he had chased us down, and was threatening to kill us was the crazy look in his eyes.
My fiancé got so angry he started to roll down the window to yell at the guy. Another thing we were told never to do, so I begged him not to, and to lean on the horn non-stop instead, in the hopes that someone would call 9-1-1. It was rather frightening to see that people looked out their windows but that no one came out, or called the Police. Something that the instructor told us would likely happen in these kinds of situations.
Undaunted by the horn, the driver proceeded to the passenger window while pulling out a knife. This move cleared a way for us to escape. I got the man’s license plate number as we were backing out, and we drove to a well-lit gas station and called 9-1-1.
The police came immediately, took down our information, but never caught the guy, as far as we know. The officer told us we did the right thing by taking the actions we did, and gave us instructions on what to do to get home safely. He assured us that the guy was probably high on something, was long gone, and most likely wouldn’t even remember doing this in the morning.
I barely slept a wink for days. I kept seeing the terrifying scene every time I closed my eyes. I was frightened to go outside because this took place right next to my home. I was sure he was outside watching, laughing, and waiting to “kill us.”
After three days of hiding and canceling appointments, I reflected on my work with victims of violent crimes. In almost every case, the crimes they experienced were random, not intentional. When victims realized that they were not targeted but rather victims of random crimes, they were able to find a bit of peace.
The phrase “random acts of violence” kept running through my head. Then I got angry. The reality was that I didn’t know this guy, and he didn’t know me. He was just a bully high on something who randomly chased us down the street. That anger turned into empowerment. I was taking my power, and my love of life back! I wasn’t going to stay a prisoner of fear any more; I was going to get on with my life just like he had.
I decided to share this story because all of us have the same emotional reactions to being victimized. Whether you have experienced a crime as simple as vandalism or as devastating as rape, you are going to feel outrage, fear, and a sense of helplessness. It is nothing to be ashamed of; it is a natural response to having our sense of security and safety violated.
Also, when we don’t report crimes we are enabling thugs like this to hurt someone else. Two of the most important things to do when you’ve been victimized by a crime are report it to the police, and talk about it with someone you trust. You’ll be pleasantly surprised at the support you’ll receive and how many stories similar to yours you will hear. And if you’re like my fiancé and want to confront the guy, please DON’T! There’s no reason to lose your life over something like this.
I also want people who are here illegally to know that if someone violates you or commits a crime against you or a family member, please report it to the Police. They will not report you to ICE, nor will you be deported. Too many undocumented immigrants are victimized and don’t report it to the authorities. Whether you are a legal or illegal citizen, no one has the right to harm you or your property and get a way with it.
I’d like to invite readers to share their stories. Tell us how you coped with or are coping with being a victim of a crime. Please add any resources you have used or know of that would help others.
Kathleen Flynn is a professional mediator and community activist.
A rape prevention class saved my fiancé’s life and mine when we were victims of road rage that could’ve ended in a stabbing.
We were driving home one night after a late night meeting. We were stopped at a stop sign. An SUV sped up behind us and passed too close, almost hitting us. My fiancé honked his horn — a natural reaction — and I watched in horror as the driver spun around and started chasing after us. Of course this would be the one time we didn’t have our cell phone with us so we were pretty much on our own until we could get to a phone.
Even in my terror, I began to remember what I was taught in the rape prevention class I took. They said to try to remain calm in a crisis, never drive home if you are being followed and whenever possible, drive to the nearest police station, or brightly lit busy convenience store. I told my fiancé to pull down a side street, and not into our driveway, and to get on the main street as soon as possible. The SUV caught up and cut us off, boxing us in behind a parked car. The driver got out, stood in front of my car, and started threatening to kill us.
He didn’t look like the creeps you see in the movies, quit the contrary. I was deeply struck by the fact that the man standing before us was an attractive, blonde haired, blue eyed, young man in his late 20s early 30s. He didn’t have any tattoos, was nicely dressed, and spoke in a soft voice. The only thing that gave me cause for alarm besides the fact that he had chased us down, and was threatening to kill us was the crazy look in his eyes.
My fiancé got so angry he started to roll down the window to yell at the guy. Another thing we were told never to do, so I begged him not to, and to lean on the horn non-stop instead, in the hopes that someone would call 9-1-1. It was rather frightening to see that people looked out their windows but that no one came out, or called the Police. Something that the instructor told us would likely happen in these kinds of situations.
Undaunted by the horn, the driver proceeded to the passenger window while pulling out a knife. This move cleared a way for us to escape. I got the man’s license plate number as we were backing out, and we drove to a well-lit gas station and called 9-1-1.
The police came immediately, took down our information, but never caught the guy, as far as we know. The officer told us we did the right thing by taking the actions we did, and gave us instructions on what to do to get home safely. He assured us that the guy was probably high on something, was long gone, and most likely wouldn’t even remember doing this in the morning.
I barely slept a wink for days. I kept seeing the terrifying scene every time I closed my eyes. I was frightened to go outside because this took place right next to my home. I was sure he was outside watching, laughing, and waiting to “kill us.”
After three days of hiding and canceling appointments, I reflected on my work with victims of violent crimes. In almost every case, the crimes they experienced were random, not intentional. When victims realized that they were not targeted but rather victims of random crimes, they were able to find a bit of peace.
The phrase “random acts of violence” kept running through my head. Then I got angry. The reality was that I didn’t know this guy, and he didn’t know me. He was just a bully high on something who randomly chased us down the street. That anger turned into empowerment. I was taking my power, and my love of life back! I wasn’t going to stay a prisoner of fear any more; I was going to get on with my life just like he had.
I decided to share this story because all of us have the same emotional reactions to being victimized. Whether you have experienced a crime as simple as vandalism or as devastating as rape, you are going to feel outrage, fear, and a sense of helplessness. It is nothing to be ashamed of; it is a natural response to having our sense of security and safety violated.
Also, when we don’t report crimes we are enabling thugs like this to hurt someone else. Two of the most important things to do when you’ve been victimized by a crime are report it to the police, and talk about it with someone you trust. You’ll be pleasantly surprised at the support you’ll receive and how many stories similar to yours you will hear. And if you’re like my fiancé and want to confront the guy, please DON’T! There’s no reason to lose your life over something like this.
I also want people who are here illegally to know that if someone violates you or commits a crime against you or a family member, please report it to the Police. They will not report you to ICE, nor will you be deported. Too many undocumented immigrants are victimized and don’t report it to the authorities. Whether you are a legal or illegal citizen, no one has the right to harm you or your property and get a way with it.
I’d like to invite readers to share their stories. Tell us how you coped with or are coping with being a victim of a crime. Please add any resources you have used or know of that would help others.
Kathleen Flynn is a professional mediator and community activist.
Wednesday, June 24, 2009
No Such Thing as Victimless Crime
By Kathleen Flynn
Part of my job as a mediator is to work with both adult and youth offenders to ensure restitution is paid to their victims. Much of the difficulty comes in getting offenders to recognize the victims behind their crimes. Some offenders think that they haven’t hurt anyone, so their crime is no big deal.
Some examples of crimes that offenders view as victimless are shoplifting, vandalism, graffiti, theft from large companies, and robbing people of means. There is a misconception that the victims in these cases can absorb the loss because they’re rich or insured. The reality is that there is no such thing as a victimless crime.
Theft from any business requires the company to compensate for losses by raising consumer prices, lowering wages to employees, or limiting work hours to cut down on expenses for employee health insurance. Companies will also purchase added inventory insurance and pay for security guards, cameras, and other theft prevention devices, further shrinking employee wages and raising consumer cost.
Graffiti and vandalism often times create an even greater hardship for small businesses and homeowners. An owner has to pay someone to clean or repaint their vandalized property so its value doesn’t drop and customers keep coming back. Depending on how badly the property is damaged, vandalism also raises an owner’s insurance rates. These victims also experience a great sense of emotional outrage because many have worked all their lives to attain their business or home.
Financial hardship, outrage, and fear are some of the byproducts that go unseen by an offender while in commission of a crime. When companies or homeowners file insurance claims due to crime, the insurance company raises rates on the rest of us to compensate for their loss. When one home is robbed, neighbors become fearful that they will be next.
As my supervisor, Brohne Lawhorne, says, “When someone commits a crime, it is like dropping a pebble in a pond. It has consequences that are far-reaching to many unseen people.”
Part of my job as a mediator is to work with both adult and youth offenders to ensure restitution is paid to their victims. Much of the difficulty comes in getting offenders to recognize the victims behind their crimes. Some offenders think that they haven’t hurt anyone, so their crime is no big deal.
Some examples of crimes that offenders view as victimless are shoplifting, vandalism, graffiti, theft from large companies, and robbing people of means. There is a misconception that the victims in these cases can absorb the loss because they’re rich or insured. The reality is that there is no such thing as a victimless crime.
Theft from any business requires the company to compensate for losses by raising consumer prices, lowering wages to employees, or limiting work hours to cut down on expenses for employee health insurance. Companies will also purchase added inventory insurance and pay for security guards, cameras, and other theft prevention devices, further shrinking employee wages and raising consumer cost.
Graffiti and vandalism often times create an even greater hardship for small businesses and homeowners. An owner has to pay someone to clean or repaint their vandalized property so its value doesn’t drop and customers keep coming back. Depending on how badly the property is damaged, vandalism also raises an owner’s insurance rates. These victims also experience a great sense of emotional outrage because many have worked all their lives to attain their business or home.
Financial hardship, outrage, and fear are some of the byproducts that go unseen by an offender while in commission of a crime. When companies or homeowners file insurance claims due to crime, the insurance company raises rates on the rest of us to compensate for their loss. When one home is robbed, neighbors become fearful that they will be next.
As my supervisor, Brohne Lawhorne, says, “When someone commits a crime, it is like dropping a pebble in a pond. It has consequences that are far-reaching to many unseen people.”
Monday, June 8, 2009
Neighborhood Safety Vigil
By Kathleen Flynn
On May 23, 2008, I lost a friend of 23 years to a senseless crime. My friend, Vahid Hosseini, was only 47 years old when he died. Vahid was a son, a brother, a husband, a father of two beautiful daughters, a small business owner, and a beloved member of the community.
Vahid owned the Willow Market in San Jose, a few blocks from Bank of the West, on First Street. One day, Vahid went to the bank to withdraw money for his check cashing business. As he was leaving the bank, three men came up from behind, robbed him in broad daylight, shot him execution style, and left him to die in the parking lot. To my deep sadness, Vahid passed away from his gunshot wound on June 3, 2008.
I’m very proud to say that, thanks to the hard work and dedication of the San Jose Police Department, Crime Stoppers, and members of the community, police recently arrested five suspects involved in Vahid’s murder. The investigation of is still ongoing.
In an effort to honor the memories of my friend Vahid, Officer Jeffrey Fontana, victims of violent crime, their families, and the SJPD, I have organized a neighborhood safety vigil.
Please join us outside City Hall on Tuesday, June 9th, from 7 to 9 p.m. as we gather to support the silent majority of San Jose residents and our wonderful police department.
Speakers and honored guests will include:
On May 23, 2008, I lost a friend of 23 years to a senseless crime. My friend, Vahid Hosseini, was only 47 years old when he died. Vahid was a son, a brother, a husband, a father of two beautiful daughters, a small business owner, and a beloved member of the community.
Vahid owned the Willow Market in San Jose, a few blocks from Bank of the West, on First Street. One day, Vahid went to the bank to withdraw money for his check cashing business. As he was leaving the bank, three men came up from behind, robbed him in broad daylight, shot him execution style, and left him to die in the parking lot. To my deep sadness, Vahid passed away from his gunshot wound on June 3, 2008.
I’m very proud to say that, thanks to the hard work and dedication of the San Jose Police Department, Crime Stoppers, and members of the community, police recently arrested five suspects involved in Vahid’s murder. The investigation of is still ongoing.
In an effort to honor the memories of my friend Vahid, Officer Jeffrey Fontana, victims of violent crime, their families, and the SJPD, I have organized a neighborhood safety vigil.
Please join us outside City Hall on Tuesday, June 9th, from 7 to 9 p.m. as we gather to support the silent majority of San Jose residents and our wonderful police department.
Speakers and honored guests will include:
- Dolores Carr, District Attorney of Santa Cara County
- Hon. Pete Constant, San Jose City Council
- Bobby Lopez, President, San Jose Police Officers’ Association
- Randy Sekany, President, International Association of Fire Fighters Local 230
- Jim Cogan, President, Crime Stoppers
- Sandy Fontana, mother of slain San Jose police officer Jeffrey Fontana
- Cassandra and LeeAnn Hosseini, Vahid's daughter and widow
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