Contra Costa Herald

Editor:

The disguised and masked Antifa, other radical groups, and individuals must be dealt with immediately by the police when they appear to just terrorize, injure, vandalize, and overall break the existing laws.

They arrive united in purpose, similarly disguised, and with covered faces so they won’t be identified. Our California Penal Code laws clearly make it illegal to; Conspire together (PC 182), Wearing  Mask Or Disguise (PC 185), Assault (PC 240), Batter (PC 242), Assault With A Deadly Weapon (PC 245), to Terrorize/Threaten (PC 422 and/or 11411), Riot (PC 404), Incite To Riot (PC 404.6), Rout (PC 406), Unlawfully Assemble (PC 407), Participating In Rout Or Unlawful Assembly (408), Public Disturbance (PC 415), Threatening With Weapon (PC 417), Vandalize, Damage Or Destroy (PC 594), and so on.

And, it’s unlawful also for the police to willfully not suppress a Riot or Route (PC 410). In addition, any of their superiors who order them to not take action are guilty also.

So, the answer to all of their lawlessness is quite simple. Just enforce the laws immediately and shortly these things will cease considerably. There is your answer.

Ralph A. Hernandez

Antioch

Kenneth Breslin. File photo

Lafayette resident was owner of “A Child’s Point Of View” psychotherapy practice, pays $100,000 in restitution, so far

By Allen Payton

Orinda child psychologist Kenneth Breslin was arrested for possession of child pornography on October 5, 2016 which was announced by the Contra Costa District Attorney’s office. According to the U.S. Attorney’s Office District of Northern California, for many years, Breslin now age 69, of Lafayette, Calif., was the Director and Owner of “A Child’s Point of View,” an Orinda-based office that provided adolescent, adult, and family psychotherapy services. (See related article).

A federal grand jury in Oakland indicted him on December 15, 2016, with possession of child pornography. It was announced by United States Attorney Brian J. Stretch and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.

In a press release from the state Board of Psychology on November 9, “Antonette Sorrick, Executive Officer of the Board, released the following statement regarding Dr. Kenneth Allen Breslin: ‘The protection of the citizens of California is paramount to the Board of Psychology and I want the public to know that the Board will move as fast as possible to investigate the allegations regarding Dr. Kenneth Allen Breslin. In the interim, I urge current and future patients to always check the license of their practitioners for their protection and peace of mind.’”

The Board also committed to “take steps to discipline Dr. Breslin’s license and further restrict his ability to practice psychology after further investigation, or action on the criminal matter.”

Breslin was prohibited from practicing psychology pursuant to a Contra Costa Superior Court order issued on November 28, 2016. He later lost his license to practice psychology. The state Board moved to revoke his license for various violations related to the case and he signed a document saying he wouldn’t contest the action.

Breslin was arrested at his residence on December 18, 2016, and made his initial appearance in federal court in San Francisco on December 19.

According to the indictment, Breslin was alleged to have knowingly possessed, and accessed with intent to view, child pornography.  He was charged with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).

Breslin was held in the custody of the United States Marshals Service until his appearance December 21, 2016, for a detention hearing before the Honorable Jacqueline Scott Corley, U.S. Magistrate Judge.

He was released on December 21 pending sentencing with the stipulations that he “shall not access the internet & shall not use or possess any computer.” During the detention hearing, Judge Corley confirmed that Breslin “may not use a smart phone, or anything capable of accessing the internet.” He and his sister both signed a $150,000 bond as a promise to pay against property they owned.

However, Breslin violated his release conditions two times by accessing the internet. According to court documents, “Breslin admitted to (Pretrial Services) Officer (Anthony) Granados that he had been using the iPhone regularly to access the internet but denied he was using it for anything illegal. Id. During multiple hearings that resulted from the bond violation, Magistrate Corley found that Breslin had violated the condition that he not access the internet by clear and convincing evidence. The government announced its intention to file a motion to forfeit the bond.”  minute_order_remanding_to_custody

Because of that, two weeks ago, Breslin’s bond was revoked and he was taken back into custody and had to forfeit $100,000. The court agreed that would be the maximum amount. The day he returned to court, Breslin brought in a check for $100,000 for victim restitution, or anything else the court might order, if the restitution amount is less. signed_order_deposit_100K_into_registry     Dkt.48_Surety Bond receipt

According to court documents, “The United States Attorney’s Office has already received more than six requests for restitution from victims of the child pornography materials Breslin possessed, and more restitution requests are expected. The parties have not reached any agreement about the amount of restitution the Court should order, and this stipulation does not indicate that Breslin agrees to pay any particular amount of restitution to any victim in the case. Additionally, a $5,100 special assessment applies in this case, pursuant to 18 U.S.C. §§ 3013 and 3014. As part of the judgment in this case, the District Court may also impose a fine and forfeiture of certain assets.”

Breslin will not enter a guilty plea until his next court date, when he will also be sentenced. According to the U.S. Attorney’s office, he could face “a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.”

The trial had been scheduled for October 26, but it is now being moved to sometime in December.

Assistant U.S. Attorneys Christina McCall and Erin Cornell are prosecuting the case with the assistance of Vanessa Quant, Trina Khadoo, and Michelle Alter Eck.  The prosecution is the result of an investigation by HSI, the Silicon Valley Internet Crimes Against Children’s Task Force, and the Contra Costa District Attorney’s Office.

Starting on September 14, 2017, the Contra Costa County District Attorney’s Office Sexual Assault Unit, in conjunction with the Silicon Valley Internet Crimes Against Children Task Force, expanded an outreach program directed at parents, teachers and students on the topics of cyber-bullying, campus sexual assault awareness and online safety for kids.  The presentations are aimed at educating parents and teachers on new trends involving social media, as well as providing students with information and tools to improve campus safety and prevent online exploitation.

“The effort was started last year, first at DVC,” according to Senior Deputy District Attorney Paul Graves. “The first presentation in a high school was at Campolindo in Moraga.”

“Since then we’ve been working with police officers and those in our office on the task force,” he continued. “Campus sexual assault awareness is geared toward high school seniors and community colleges, due to the content. The cyberbullying and online safety for kids is for everyone, but mainly targeted to middle school students and parents, with presentations for both,”

“We’ve been working to have somewhere for schools to call to have presentations made for students and parents,” Graves added.

Schools, community organizations and parent/teacher groups who are interested in learning more can call Deputy District Attorney Lauren Whalen at 925-957-8603. 

Contra Costa Senior Deputy District Attorney Paul Graves. photo courtesy of Paul Graves for DA

The campaign for Senior Deputy District Attorney Paul Graves, running for Contra Costa District Attorney in next June’s election, announced they will hold a Kickoff Celebration this Friday, September 22. The event will be held at the Pleasant Hill Senior Center, 223 Gregory Lane from 5:30 – 7:30 PM.

Join Paul Graves and his supporters for drinks and tacos to celebrate. All are welcome. RSVP through their Eventbrite page.

Helps pay for “Rapid Response” inspectors, education workshops, legal aid sessions

By Daniel Borsuk

In response to policies and actions by President Trump and to assist illegal immigrant families “facing immediate separation due to deportation,” Contra Costa County supervisors unanimously agreed to use $500,000 of AB 109 funds to cover expenses and match funds from non-profit organizations for the launch of a Stand Together CoCo pilot project in January. Stand Together CoCo 8_16_17

The proposal by the Contra Costa Immigration Rights Alliance, originally submitted earlier this year needed a total of $1,002,750 for the program. The county will use funds from state Assembly Bill 109 automobile license fee revenues. According to their Facebook page, “CCIRA seeks to end ICE collaboration in Contra Costa and to promote immigrant rights, inclusion and a spirt of welcome in cities throughout the county.” Draft CoCoCo Immigrant Legal & Ed P-ship

The effort had already rounded up $585,000 from six non-profit organizations that will help fund Stand Together CoCo operate during its inaugural year of operations consisting of education workshops, legal aid sessions, and the hiring and oversight of 12 Rapid Response inspectors who will be dispatched around the county to observe and take notes on how United States Immigration and Custom Enforcement agents conduct themselves at arrest sites.

According to the staff report, “The proposal requests that the Board of Supervisors authorize the Office of the Public Defender to establish Stand Together CoCo as a pilot project. The requested allocation is $500,000 in FY 17/18 funding to support operations in the January-June 2018 first phase, with a further commitment that the County will provide $500,000 in annual support in each of fiscal years 2018-19 and 2019-20. Working with key local partners, Stand Together CoCo will then use this commitment to generate funding from other public and private sources.”

Presently the program has received letters of commitment from the Y & H Soda Foundation of $275,000, the San Francisco Foundation of $100,000, the East Bay Community Foundation of $50,000, and the Firedoll Foundation of $50,000, and letters of intention from the Richmond Community Foundation of $10,000 and the California Endowment of $100,000.

During the public hearing portion that drew 21 persons speaking in support of the program that Contra Costa County Deputy Public Defender Ali Saidi will oversee, District 2 Supervisor Candace Andersen questioned about the functions of the Rapid Response Dispatch Inspectors and whether they would create potential legal problems with the federal government should Rapid Response Inspectors interfere with ICE agents.

“I don’t want to see ordinary citizens getting in the way of the actions of ICE agents,” Andersen said

In the early going it looked like Andersen was going to possibly cast the lone negative vote, but later on she decided to vote along with her colleagues.

“I’m going to take a leap of faith.  I am concerned about public safety,” the supervisor later said before casting a yes vote for the program.

Andersen also voiced concern that this new county-backed immigrant rights program might duplicate services already provided in the county through existing nonprofit organizations like the Contra Costa Crisis Center.

“I don’t want to spend one half million dollars on duplicating services,” said the supervisor who represents a large minority population consisting of Chinese, Indian, and Pakistani residents.

“A Google search doesn’t show what’s really being done,” District 1 Supervisor John Gioia said in response to Andersen’s concern about the potential duplication of legal aid services for immigrants.

Deborah Bernstein of the Jewish Family and Community Services in Walnut Creek said her organization has served 875 county residents seeking immigration legal assistance from January through August.

“These people are living in a high level of fear,” she said.

Since January, Catholic Charities of Contra Costa County has helped 924 people receive legal immigration aid.

“We’ve seen a big increase in people needing help,” said Christopher Martinez of Catholic Charities.

Rubicon Contract Approved

In other action, supervisors approved a $408,750 contract with Rubicon Programs, Inc., an ex-felon nonprofit assistance program, after receiving a letter from Contra Costa Sheriff-Coroner David Livingston that he is now satisfied the one-year contract extension complies with contract protocol.  Last week, supervisors had delayed action on the contract because of the sheriff’s concern that the contract did not go through adequate review by a county contract panel.

The practice of assessing $30 a day cost living charges for juveniles serving sentences at the county’s two juvenile facilities – Juvenile Hall in Martinez and Boys Ranch in Discovery Bay, is over.  Supervisors voted 5-0 to officially end the bill that parents or legal guardian had to pay the county upon the release of their child for the daily living (meals, lodging, other expenses).  Contra Costa County joins other counties like San Francisco, Alameda, Santa Cruz and Los Angeles ditching the juvenile hall daily cost of living fee because it is viewed as being financially retaliatory to parents of children in the juvenile justice system.  The county had begun to temporarily cease the billing practice in 2016.

Next week, supervisors will vote on permanently ending the $17 daily electronic surveillance fee of minors in the juvenile justice system.

The county can afford to eliminate the daily cost of living fee and daily electronic surveillance fee because county officials laid off two fulltime juvenile hall clerical positions.

Supervisors also instructed John Kopchik, director of the Conservation and Development Department, to present to the board by next February proposed regulations for short-term rentals in unincorporated areas of the county.  Supervisors especially representing Discovery Bay, Kensington, Alamo, and Black Hawk have seen a surge in short-term rentals that have produced parking, noise and other problems.  County planners will develop an ordinance by examining what other jurisdictions like San Francisco, San Luis Obispo, Sacramento and other counties have drafted.

25 high schools to hold registration drives

The Contra Costa County Elections Division is coordinating a large-scale registration campaign with 25 Contra Costa County high schools as part of National Voter Registration Day on Tuesday, September 26th.

The Elections Division is providing ready-made registration kits to facilitate on-campus events, which contain everything needed to conduct a registration drive.

In addition to registering 18-year-old students, those who are 16 and 17 years old can also “pre-register” to vote.

“We’re happy to partner with schools across Contra Costa County and help register eligible voters and pre-register soon-to-be-voters,” said Joe Canciamilla, Contra Costa Clerk-Recorder and Registrar of Voters. “As someone who first ran for office at age 17, I can personally attest to the value of registering and becoming involved in the electoral process as soon as one becomes eligible.”

National Voter Registration Day is an annual event to create awareness of voter registration opportunities and to reach those who may not otherwise register.

The Elections Division joins 2,500 organizations across the country in promoting voter registration and celebrating democracy on National Voter Registration Day.

This is the third year Contra Costa Elections has organized National Voter Registration Day efforts with county high schools, and over 1,000 students have registered or pre-registered to vote as a result.

Concord High School civics teacher Andrew Shetterly expressed his excitement, noting that very few of his students are currently registered to vote. “I think it will be powerful to have them all register together. The kits help turn the act of registering into a life event that students can share and it feels official,” Shetterly said.

The Elections Division urges all eligible voters to register or update their registration, which can be done online at www.registertovote.ca.gov.

Interested groups are encouraged to hold their own voter registration events on September 26th. Contact our office at 925-335-7805 for information or visit www.NationalVoterRegistrationDay.org for ideas and details.

National Voter Registration Day is celebrated annually on the 4th Tuesday in September and has been endorsed by the National Association of Secretaries of State and the National Association of State Election Directors.

Each kit contains:

• Voter registration cards
• A voter registration card stand
• Instructions on completing a registration form
• National Voter Registration Day posters
• “I registered to vote” Stickers
• A table cover
• Photo props
• Table decorations
• Pens
• Sticky hands
• A return envelope for completed registrations

Constitution Day is September 17 – Take the Preamble Challenge

PHILADELPHIA –– Many Americans are poorly informed about basic constitutional provisions, according to a new national survey by the Annenberg Public Policy Center.

The annual Annenberg Constitution Day Civics Survey finds that:

• More than half of Americans (53 percent) incorrectly think it is accurate to say that immigrants who are here illegally do not have any rights under the U.S. Constitution;
• More than a third of those surveyed (37 percent) can’t name any of the rights guaranteed under the First Amendment;
• Only a quarter of Americans (26 percent) can name all three branches of government.

“Protecting the rights guaranteed by the Constitution presupposes that we know what they are.

The fact that many don’t is worrisome,” said Kathleen Hall Jamieson, director of the Annenberg Public Policy Center (APPC) of the University of Pennsylvania. “These results emphasize the need for high-quality civics education in the schools and for press reporting that underscores the existence of constitutional protections.”

Illegal immigration and constitutional rights

The APPC survey, conducted Aug. 9-13 among 1,013 adults in the United States, finds that 53 percent think that people who are here illegally do not have any rights under the Constitution. That incorrect belief is especially strong among self-identified political conservatives – 67 percent think it is accurate, compared with 48 percent of moderates and 46 percent of liberals.

In fact, immigrants who are in the United States illegally share some constitutional protections with U.S. citizens. More than a century ago, in Yick Wo v. Hopkins (1886), a case involving an undocumented Chinese immigrant, the Supreme Court ruled that non-citizens were entitled to due process rights under the 14th Amendment’s equal protection clause. Other cases have expanded upon those rights. (For more on Yick Wo, see this video on Annenberg Classroom’s website.)

Most respondents, though not all, know that under the Constitution, U.S. citizens who are atheists or Muslim have the same rights as all other citizens. Seventy-nine percent of respondents know it is accurate to say that U.S. citizens who are atheists have the same rights as other citizens, and 76 percent know it is accurate to say that citizens who are Muslim have the same rights as other citizens.

What does the First Amendment say? 

Nearly half of those surveyed (48 percent) say that freedom of speech is a right guaranteed by the First Amendment. But, unprompted, 37 percent could not name any First Amendment rights. And far fewer people could name the other First Amendment rights: 15 percent of respondents say freedom of religion; 14 percent say freedom of the press; 10 percent say the right of assembly; and only 3 percent say the right to petition the government.

The First Amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Contrary to the First Amendment, 39 percent of Americans support allowing Congress to stop the news media from reporting on any issue of national security without government approval. That was essentially unchanged from last year. But the survey, which followed a year of attacks on the news media, found less opposition to prior restraint (49 percent) than in 2016 (55 percent).

Many don’t know the branches of government 

Only 26 percent of respondents can name the three branches of government (executive, judicial, and legislative), the same as last year. People who identified themselves as conservatives were significantly more likely to name all three branches correctly than liberals and moderates. The 26 percent total was down significantly from APPC’s first survey on this question, in 2011, when 38 percent could name all three.

In the current survey, 33 percent could not name any of the three branches, the same as in 2011.

The phone survey, conducted for APPC by the research firm SSRS, has a margin of error of ±3.7 percent. For more on the methodology and questions click here.

Constitution Day and the Civics Renewal Network

APPC’s Annenberg Classroom, presented by the Leonore Annenberg Institute for Civics, has created a series of free, award-winning videos for educators and the public, including Yick Wo and the Equal Protection Clause, The Role of the Courts, and Freedom of the Press: New York Times v. United States.

Annenberg Classroom has joined with 30 other nonpartisan organizations to create the Civics Renewal Network, which offers free, high-quality educational materials online. Among CRN’s partners are the Library of Congress, the National Archives, the National Constitution Center, the U.S. Courts, the NEH’s EDSITEment Project and iCivics.

Constitution Day (Sept. 17) will be observed Monday, Sept. 18. To mark it, the U.S. Courts are holding naturalization ceremonies nationwide and educators will lead students in the “Preamble Challenge,” celebrating the Preamble to the Constitution.

The Annenberg Public Policy Center was established in 1994 to educate the public and policy makers about the media’s role in advancing public understanding of political, health and science issues at the local, state and federal levels. Find APPC on Facebook and Twitter: @APPCPenn. Follow the Civics Renewal Network: @CivicsRenewal.

SACRAMENTO – Assemblymember Jim Frazier (D-Discovery Bay) voted ‘no’ on SB 595, which would require the nine Bay Area counties to hold a special election, known as Regional Measure 3, to propose raising tolls on state-owned bridges in the Bay Area. After the vote, he issued the following statement:

“I recognize the need for funding transportation improvements, but after much thought, I believe adding another tax on commuters is not the answer. I ultimately voted NO on the bridge toll bill because $8 per crossing is just too much of a financial burden on drivers. If you commute from Solano County to San Francisco – entailing two bridge tolls that would potentially total $16 a day – that’s highway robbery.”

SACRAMENTO – The state Senate on Thursday passed legislation that will give Bay Area voters a chance to create an independent inspector general for BART to hold the sprawling transit district accountable for its spending, service to riders, and timely delivery of capital projects.

The inspector general was proposed by state Sen. Steve Glazer (D-Orinda) as part of a bill by Sen. Jim Beall (D-San Jose) that will ask voters to raise bridge tolls to fund transportation projects designed to relieve traffic congestion in the bridge corridors.

The bill was approved by the Senate on a 27-13 vote.

Glazer, a longtime critic of BART, insisted that voters be given the option of creating the accountability czar as a condition of his support for placing the measure on the ballot. Other major transit agencies, including those in Washington D.C., New York, Chicago and Los Angeles, have long had inspector generals to serve as an independent check on the bureaucracy.

“BART stands to gain about a billion dollars from the toll revenues this measure would generate,” Glazer said. “It’s only fair that riders and residents get an extra set of eyes and ears inside the agency to hold the administration accountable.”

If approved by voters, the inspector general would be appointed by the governor from a list of three finalists nominated by the BART board. The person could be fired only with a two-thirds vote of the board and the governor’s agreement.

The BART inspector general would be tasked with investigating fraud, waste and inefficiencies, conducting audits and recommending changes in the agency’s practices that will improve services to riders.

And in a twist, Glazer, who has been at odds with BART’s unions in the past, insisted on adding a line to the inspector general’s mission requiring the office to assess whether management was using best practices to promote “positive and productive” relations with employees and their representatives.

“The vast majority of BART employees are hard-working, dedicated public servants who share their customers’ desire to have trains that run on time, stations that are safe and clean, and escalators and elevators that work when they are supposed to,” Glazer said. “I hope the employees and their unions will find an inspector general to be an effective ally in making those things a reality.”

Glazer also pushed for amendments to the bill that ensured Contra Costa and Alameda county commuters would see a fair share of congestion relief projects if the toll increases become a reality.

Projects to improve traffic flow on Interstate 680 and rebuild interchanges where 680 connects to state routes 4 and 84 were included in the final version of the proposed spending plan.

Glazer praised Sen. Beall, and Assemblymen David Chiu and Phil Ting of San Francisco and other members of the Bay Area legislative delegation for a collaborative process that allowed for input from throughout the region and a final proposal that included the crucial provision to oversee BART’s administration and spending.

“No one got everything they wanted, but this is a fair compromise that will give the voters an opportunity to fund projects designed to relieve congestion throughout the entire region while providing independent oversight of the district’s practices,” Glazer said.