In the latest episode in one of the more bizarre story arcs of America’s death penalty, on Monday the California Department of Corrections and Rehabilitation revealed (under court order) that the source of their mysterious supply of lethal injection drugs was Archimedes Pharma, the same British firm that supplied the drugs Arizona used to execute Jeffrey Landrigan.

They also revealed that they paid over $36,000 to a wholesaler for a massive stockpile of the drug.

But let’s back up – like any good drama, you can’t jump in mid-season. So here’s the recap: Every death penalty state in the U.S. uses sodium thiopental to kill people and only one company in the U.S. actually makes it, Illinois-based Hospira, Inc. Earlier this year, supply problems led to a shortage, with Hospira saying they were out until early 2011 and states’ stockpiles nearing expiration. The machinery of death almost ground to a halt, with some states putting executions on hold, but others tried to change the law to allow other sorts of lethal injection drugs, or to enable them to get the drugs from other states and even foreign suppliers not approved by the FDA.

Naturally, importing lethal poison for the purpose of capital punishment could raise some eyebrows, so it’s not too surprising that states did everything they could to keep it from the public. Oversight from the people can be problematic, after all. Corrections officials in Texas tried (unsuccessfully) to have the information deemed a state secret, and today remain in violation of an order from the state Attorney General by refusing to disclose their supplier. In a glaring example of big government judicial activism, Arizona actually got the Supreme Court to essentially sign off on its program of secrecy, paving the way for the state to kill Jeffrey Landrigan using drugs from an undisclosed source.

When California got ahold of some of this mystery supply, they weren’t as lucky as Arizona was on the judicial front. Corrections officials admitted that at least some of the information should be made public, but simply ignored their legal responsibility to disclose it in the face of a Public Records Act request.

It took a lawsuit from the ACLU before they would finally disclose, and even then they waited until they were good and ready. Now we know why. California officials finally revealed that their first batch of poison was supplied by its good neighbors in Arizona, and that they also put in one last order -- for half a kilo -- to the U.K. firm that had supplied Arizona with its doses of killer drugs.

While California was trying to grease the wheels of the death penalty, grassroots activists all over the world – including Change.org members – were joining the British human rights agency Reprieve in calling on the U.K. government to uphold its anti-death penalty stance by stopping the export of sodium thiopental. Corrections officials were trying to beat the clock by getting as much of the drug as they possibly could before the ban, and obviously couldn’t be fettered by anything as trivial as transparency.

But according to Reprieve, there’s even more to this soap opera. It turns out the $36 grand California paid for the drug was a smidge above market value – a 3,500 perccent markup, to be exact. Market value for their half kilo should have been about a thousand dollars. Reprieve calls the mark up “blood money” and suggests that California is poised to distribute their stockpile to other states around the country. It certainly seems like a wise investment for cash-strapped California.

We can’t feed the people of this state, but by gum we can kill them. Reprieve is calling on Business Secretary Vince Cable to intervene. After only recently imposing a ban on the export of lethal injection drugs (just after California placed its order), he can contact U.S. officials and request that the shipment not be allowed to reach its destination. Activists here, meanwhile, need to keep the pressure on Hospira, as the U.S. manufacturer has indicated that its supplies will be back on track early next year. Send them a message urging them to refuse to help states put people to death.

Date

Thursday, December 9, 2010 - 6:00am

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LOS ANGELES-The California affiliates of the American Civil Liberties Union announced a settlement today with the State of California that will establish a comprehensive monitoring and enforcement system to ensure school districts do not unlawfully charge fees to students for educational activities.

The settlement, which requires court approval, is contingent on enactment of legislation that would empower students and parents to use the existing Williams Uniform Complaint Process to identify, and receive reimbursement for, illegal school fees and that would amend the annual independent audits of school districts to determine if schools collected illegal fees.

“This is a historic settlement that puts an end once and for all to the pay to learn system,” said Mark Rosenbaum, chief counsel of the ACLU/SC. “This agreement means all students have an equal opportunity to achieve their dreams irrespective of their families’ financial circumstances. The ACLU thanks Governor Schwarzenegger, Secretary of Education Bonnie Reiss and the State Board of Education for facilitating a quick resolution of this case.”

Under the legislation, if auditors find a district charged illegal fees, the district would be required to fully reimburse parents or suffer a financial penalty. Furthermore, parents would be able to challenge illegal fees immediately through the complaint process that provides for local resolution within 30 working days.

“Charging students illegal fees discriminates against lower-income children and violates their constitutional right to a free education,” said Assembly member Ricardo Lara. “Families are unable to afford these fees and their children’s education suffers due to financial hardship.”

"The settlement reached today protects California students' right to a truly free public education," said Morrison & Foerster partner Dan Marmalefsky. "We are pleased that the State has acknowledged the unlawfulness of these fees and agreed to take steps to prevent future violations of this fundamental constitutional right."

The lawsuit, which was filed in Los Angeles Superior Court, followed an investigation by the ACLU/SC that uncovered a widespread practice among school districts of forcing students to purchase textbooks, workbooks, and assigned novels in order to matriculate in academic courses. School districts also charged lab fees for participation in science classes. The suit alleged that this discriminating practice against lower-income children creates an unfair system where only the wealthy are able to afford an education that is constitutionally supposed to be free to all regardless of economic status.

The California affiliates involved in the case are the ACLU affiliates in Southern California, Northern California, and San Diego and Imperial Counties. The law firm Morrison & Foerster is co-counsel for the plaintiffs in the suit.

Date

Thursday, December 9, 2010 - 12:00am

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The Development, Relief, and Education for Alien Minors Act – more commonly known as the DREAM Act – is once again in the national spotlight. Introduced in 2001 and again in 2007, the DREAM Act provides a path to citizenship for undocumented students who complete two years of college or military service. It is a sensible, humane proposal that has long enjoyed bi-partisan support, but hasn’t quite passed into law despite the obvious enhancements it would provide to our economy and national security.
We bring you the voices of three California youth holding out for their DREAM.

“Maria”
Brought into the United States at age six, “Maria” has not veered from her goal to become a doctor, despite the extra obstacles faced due to her undocumented status.
I knew my dreams were extremely limited. I was not limited by my knowledge, ability to learn, money, or desire to get ahead, I was limited because I was missing a nine-digit number.
I prayed every day the DREAM Act could pass.
I don't possess a social security number, and there is no realistic way for me to earn one. I  knew college would be difficult. I had no one to ask for help or guidance because I was the first to travel this road.
I prayed every day the DREAM Act would pass.
Three jobs, sleepless nights, days without food, and many, many tears later, I did it. I was half way to my dream of being an emergency room surgeon. I have never wanted anything handed to me. I have demonstrated that I can, and will, earn what I want. The DREAM Act would give me an opportunity, not a hand out. An opportunity to save a life as a doctor, prove to my future children that this is the land of opportunity. The DREAM Act may give a student the ambition to pursue a bachelor’s degree. It may give a mother the opportunity to go to college and inspire her children.
The DREAM Act would set me free.
Free to be great, to make my community great, and make this country even greater. The day I graduated and walked across the stage was the proudest moment of my life.  This will only be surpassed by the day I graduate from medical school and my name is followed by an "MD." Allow me the opportunity to be great. I may be the surgeon that saves your life one day.
***
Neidi Dominguez and Carlos Amador
 
Neidi Dominguez is a member of DREAM Team Los Angeles. She is a graduate with honors from University of California, Santa Cruz with a major in Community Studies. She aspires to be an attorney in the near future and advocate for immigrant workers in this country. Carlos Amador is a member of DREAM Team Los Angeles. He is currently a graduate student of social work at the University of California, Los Angeles. He hopes to work organizing with communities of color and immigrant communities.
This has been close to a decade of waiting, of dealing with disillusionment of the democratic and political process. We constantly dwell on what it means to be undocumented in the United States, attending school and being taught that “all men are created equal” and protected by the constitution.  We wonder if Dreamers are included in that statement? We all sang the pledge of allegiance, know U.S. history and politics, and still feel invisible and excluded. Our undocumented status represents the broken immigration system that is a relic of the 1950s.
For us, the struggle for the DREAM Act is very much part of our young lives. Our lives have been shaped by the ineffectiveness of our Congress. Our lives have taken many pauses, and until we pass the DREAM Act will continue to be on hold. We work hard to continue our education facing all odds; we contribute to this society and economy and we are still not recognized as Americans. If the legislative and executive branches of the country fail to recognize our contributions to the country, and the countless skills and possibilities of prosperity we represent, then we must question what it means to be “equal” in the United States.
We have done everything possible to push for the DREAM Act in 2010. We have risked judgments, arrests and even deportations to highlight the urgency to take action.  We have traveled to Arizona and across the nation. We have fasted for days, even when our own families plead for us not to. Our organizing and leadership have brought us to this very moment and we truly have hope that Congress will make the right decision and pass the DREAM Act. As we make phone calls to urge our senators and representatives to vote "yes" on the DREAM Act, we also dream of finally being recognized in this nation. It feels like our dreams can finally become realities.
--
For even more information,  download a pdf report analyzing the DREAM Act’s real-world impact.
"The boisterous sea of liberty is never without a wave." -- Thomas Jefferson

Date

Wednesday, December 8, 2010 - 6:00am

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