U.S. Supreme Court leaves San Jose housing law in place


The U.S. Supreme Court on Monday turned away a legal challenge to a San Jose affordable housing law, leaving intact the city's effort to address the exploding cost of housing in Silicon Valley.

The justices declined to hear the building industry's appeal of a ruling last year by the California Supreme Court upholding San Jose's law. In a brief opinion, Justice Clarence Thomas observed that the law on the issue remains "unsettled" and needs Supreme Court guidance but agreed with the vote to reject the appeal because the San Jose case had technical legal problems that may prevent reaching the core questions.

The case involved a legal challenge to a San Jose law that would require housing developers to include affordable, below-market priced units for low-income buyers on any new projects within the city. The building industry sued to block enforcement of the so-called "inclusionary housing" law several years ago.

In its appeal, the building industry argued that San Jose's law and others like it across California violate federal constitutional protections against the "taking" of private property. The Pacific Legal Foundation, a conservative Sacramento group representing the industry, pressed the fight to the nation's high court.
Advertisement

"The rights of all property owners were dealt a blow today, as San Jose's punitive treatment of homebuilders was allowed to stand," Brian Hodges, a foundation attorney, said. "It is

Brevard new housing trends


The new home construction market is moving along at a decent clip in some parts of Brevard County, most notably Suntree, Viera and West Melbourne.

Daniel Levitan, a nationally recognized housing expert based in Plantation, said they're mostly going to people moving into Brevard and not individuals who live here and are moving up from an existing home to a newly constructed one. The price barriers to the new home market currently are just too high for meaningful activity in the latter type of movement, he said.

"What there is, is a disconnect between the pricing of resale housing and the price of new housing," Levitan said. "And, while improving, it's still a serious disconnect. And what that has done is that the new housing market then becomes dependent on new  'in-migrants' - employee transfers, retirees, whatever - for a large percentage of its business because locals can't afford to buy new housing."
A DiPrima Custom Home under construction at St. AndrewsBuy Photo

A DiPrima Custom Home under construction at St. Andrews Manor off the Pineda Causeway near Suntree. (Photo: WAYNE T. PRICE/FLORIDA TODAY)

Levitan, who studied a decade's worth of Space Coast economic and housing data, will release his findings Thursday at a meeting of the Home Builders and Contractors Association of Brevard. The meeting, which is open to the public, beings at 5:30 p.m. at 1500 W. Eau Gallie Boulevard, Melbourne.

The title of Levitan's talk will be "How to Successfully Compete with the 800 Pound Gorillas in Your Market."  DiPrima Custom homes is sponsoring Levitan's visit. The "gorillas" in this case are national builders in the Brevard market that make it tougher for the local builders to compete.

Levitan serves on the board of the National Sales and Marketing Council of the National Association of Home Builders and was chairman of the organization's business management and information technology committee and its sales and marketing council.  He also is a noted author and lecturer on the U.S. housing market.

For his Brevard research he analyzed permit history, employment and real estate sales.

While the price barriers from jumping from an existing home to a new home are fairly strong, Levitan doesn't see the same situation in the existing home market. There are plenty of opportunities for renters to enter the existing home market and for upward movement within the market.

The latest report from the Space Coast Association of Realtors painted a fairly brisk single-family home market. The median sales price for Brevard single family homes was up 17.2 percent in January - to $164,038 - compared to a year earlier when it was $140,000.

If you go

Topic: "How to Successfully Compete with the 800 Pound Gorillas in Your Market," a presentation to the Brevard County Home Builders and Contractors Association by nationally recognized housing expert, Daniel Levitan

Judge Mulling Sentence for New Mexico Teen Who Killed Family



The teenager from New Mexico who killed his family in 2013 was sentenced as juvenile on Thursday.

According to Daily Mail UK, Judge John J. Romero ruled that 18-year-old Nehemiah Griego be sentenced as juvenile and to be possibly free from state custody when he turns 21.

Police records showed that Griego was 15 when he shot his mother as she slept and then his younger brother and two sisters. Griego's father, a former pastor, was the last to die as the teen trapped him after he returned home.


Griego, now 18, pleaded guilty in October to two counts of second-degree murder and three counts of child abuse resulting in death for killing his siblings - ages 9, 5 and 2, the news source said.

Romero handed the decision Thursday after he heard opposing opinions from medical experts, Fox News reported. Attorneys gave closing arguments in children's court to decide whether Griego should be sentenced as a minor or an adult for killing family at his home near Albuquerque.

Stephen Taylor, an attorney for Griego, narrated to the judge that the teen grew up with his abusive parents and possibly suffered a traumatic brain injury. The attorney said the teen was diagnosed with schizoaffective disorder after his arrest, the site added.

Griego has made significant progress at a psychiatric treatment center for juveniles in the past year and a half. His counselors sworn for the defense, saying the teen had qualified into a role example for other troubled boys.

However, Prosecutor Michelle Pato refuted the decision of the judge saying that the January 2013 killings was predatory and cold-blooded.  According to authorities, Griego roused his younger brother to flaunt him his mother's body before shooting the 9-year-old too. Griego took pictures of the two victims before shooting his younger sisters in their beds, ABC News said.

Pato recalled the testimony of Dr. Kris Mohandie in the hearing that Griego appeared "detached" during an interview last year and offered a cold, matter-of-fact recounting of the rampage.

"He played with his brother that day knowing he was going to kill him," Pato said as quoted by the source. "This was very much planned, very thought out and cruel."

But Judge Romero said, the state law called for the hearing and his findings to focus on how to handle Griego's case and not the offense, ABC News wrote.

To Help Youth with Trauma Brain, Treat Entire Family

 
In juvenile justice we have been making space to recognize and address the traumas youth have experienced. However, juvenile justice still lacks in addressing parental trauma of these youth. Can we treat, heal and prevent reoffending in a youth if we have not treated and healed the primary parent of the youth?

The juvenile justice system has evolved and continues to evolve from a mentality of accountability = punishment. The latest evolution has those of us working in juvenile justice donning our trauma-informed lenses, working to decipher what traumas may have adversely impacted the youth we’re working with. This practice is supported by research and opinion.

The research now informing practice demonstrates that more than half of adjudicated youth report four or more Adverse Childhood Experiences. For many in the field this has provided new interventions and practices. Language is beginning to change, use of detention versus treatment is being balanced. Juvenile courts are working to make sense of trauma-brain-driven actions versus choice and accountability. The focus mostly rests on examining the adjudicated youth for trauma, treatments, healing and accountability.

However, we can’t talk trauma without talking family. We can’t talk family without actually talking to the family about the trauma experienced by the youth. The family may not be the cause of the trauma; however, family is central to healing.

Long before research supported the trauma/delinquency link, delinquency and family were only linked in theories of social control. These social control theories argue that delinquency occurs when a youth has a weak bond to society and these bonds are ultimately learned in the family.

Now science tells us differently. Now we know that a brain consistently met with adverse childhood experiences like witnessing domestic violence, not having enough to eat, having a biological parent leave or go to prison, being sexually or physically abused actually changes a child’s brain.

The child’s brain can become a “trauma brain.” This trauma brain develops after being locked in a state of fight/flight/freeze with the corresponding hormones flooding the body, impacting physiological health and mental health. Juvenile justice professionals are recognizing this reality, and the system is slowly evolving to make space for trauma.

For example, most juvenile probation officers no longer talk about “dirty” drug tests or tell a youth they are “dirty” for testing positive on a drug test. We have learned this kind of language can retraumatize or trigger a youth who has experienced abuse, especially sexual abuse. Similarly, those who work with delinquent youth are learning that trauma may contribute significantly to poor decision-making, anger, substance use and even defiant attitudes. But what is the trauma source? What is the trauma magnifier?

[Related: Report Looks At Best Practices for Addressing Trauma in Diversion]

If we only treat the trauma, but don’t consider the sources or the magnifiers, then that youth may stay locked in trauma brain. That youth may be at greater risk for probation violations or committing future crimes or even move into committing adult crimes.

We must be willing to look beyond the youth in front of us. If the adverse childhood experience originated in the family, then we must consider the family. If the adverse childhood experience originated outside the family (i.e.: adopted youth, sexual abuse originating outside the family, natural disasters), we must still address the family’s reaction to the traumatized youth.

Most importantly, we must make space for trauma members of the family may have experienced. If a parent abuses a youth, it is likely the parent was abused. Has the parent’s trauma been addressed or just punished?

We cannot expect a delinquent youth to heal from trauma if we place the youth right back into the environment where the trauma occurred, even if the trauma has stopped. For example, if a child witnesses domestic violence, science tells us that the child is more likely to have health issues, school issues, substance abuse issues and/or delinquency issues.

Even if the battered parent becomes the primary parent and separates from the abuser, we know that battered parent’s brain has probably been changed by trauma. How can an adult with a traumatized brain be the sole support for a youth with a traumatized brain? We can’t expect change if the youth is to return to a home of chaos, where the trauma occurred.

The solution lies in working with the entire family. Wrap-around services begin to address this problem. However, not all families qualify for wrap-around services. Family courts have a history of ordering family therapy to address issues in the family, which is important.

However, family therapy does not allow a parent of trauma to fully address individual issues. Research informs us: “when a mother had 3 or more ACEs, she was more likely to have mental health problems in the year after she had her baby, and she also tended to struggle with the feeling like she wasn’t a good parent.” To truly impact the negative effects of Adverse Childhood Experiences in delinquent youth, they must live in families where the adults have support to address their own Adverse Childhood Experiences and/or recent traumas separate from family therapy.

We can no longer ignore the negative impacts of Adverse Childhood Experiences and their ability to not only imprint, but steer, all future generations in a family. Work must be done to address the traumas, heal the traumas and build resiliency in all members of the delinquent youth’s family.
The family of the 25-year-old who was murdered in northeast Delhi on Tuesday denied claims by the police that his juvenile younger brother planned the murder with the help of two juvenile neighbours.
Police had said the victim’s brother used to perform at religious processions, dressed as godly figures.
- See more at: http://indianexpress.com/article/cities/delhi/murder-of-25-year-old-family-denies-police-theory-of-juvenile-brothers-involvement/#sthash.71CVHTb1.dpuf

Police chief meets with family of boy shot by officers


 Salt Lake City interim Police Chief Mike Brown met with the family of a 17-year-old boy shot by his officers over the weekend, and shared hugs and tears with them.

"I told this mother we were sorry and asked how we can come together to heal and mend this community," he said.

But apologizing for the shooting does not mean he is passing judgment on whether he believes his officers were justified in using deadly force.

"There is no shame in going to a mother and saying 'sorry,' right, wrong or indifferent," Brown said.

The chief's meeting with the family Sunday came a day after Abdullahi Mohamed, 17, was shot by two Salt Lake officers while he was allegedly holding a 3-foot object, possibly a mop or broom handle made of light metal, according to witnesses.

Abdullahi was one of two people allegedly beating a third man on Rio Grande Street near the homeless shelter, when two officers, who were in the area on an unrelated call, saw what was happening and ordered them to stop. One man complied and dropped his weapon, according to Salt Lake police. "The other continued to advance on the victim and was shot by officers," police said in a prepared statement.
Advertise with us
Report this ad

Witnesses have stated that three to four shots were fired, striking Abdullahi in the chest and stomach. The man who was allegedly being beaten with the metal object did not have injuries that required him to be taken to the hospital, according to police.

On Monday, Brown released little information regarding the shooting, citing several ongoing investigations into the incident. The police department, as of Monday, still had not publicly acknowledged the boy's name. Brown also could not provide any additional updates on the teenager's condition. He remained hospitalized Monday. His condition was reported as critical on Sunday.

Brown said he had seen the video recorded by the officers' body cameras that night, but he declined to comment on whether he believes the shooting was justified. He also did not give any information regarding the officers, including their names or how many years they have been with the department.

The interim chief hosted a roundtable discussion Monday, inviting members of the media to sit down and talk for about 50 minutes. He asked that the discussion not be recorded, though he allowed reporters to take notes and agreed to recorded interviews afterward. He was joined by David Parker, the chairman of the newly formed 12-member Citizen Advisory Board.

The board was created to improve communications between the department and community. Despite the advancements in police tools over the years that help officers do their jobs better, trust in the community has remained flat, Brown said.

As for the shooting, Brown called it an "extremely tragic incident" that has torn the "fabric of this community."

"Relationships are tense," he said.

At 5 p.m. Sunday, Brown accompanied Abdullahi's mother and a friend to the hospital to see her son.

"There wasn't a dry eye in the room," he said. "To see a mother reach out and hold her son's hand was touching to say the least."

Salt Lake Mayor Jackie Biskupski provided additional details of the meeting, saying, "The mother was talking to him. They brought him out of the state he was in so he knew."

Brown said he then asked if he could go to the family's house and visit them. The mother agreed. Brown said he and Parker, with the help of an interpreter, "expressed sadness for the incident" and talked about where the department needed to go to help the community heal. Brown said the family was appreciative that he would talk with them.

Police investigate shooting, riot in downtown SLC
Roughly 100 officers from several police agencies from across the Salt Lake Valley rushed to downtown Salt Lake on Saturday night when an individual was shot in an altercation and prompted a riot near The Road Home, police said.

"I really think that visit paid huge dividends to this community," he said. "You could see in people's eyes they were grateful we had taken the time to talk to them."

Biskupski said Monday that she, too, had watched the officers' body camera video of the shooting but would not comment on it.

"Incidents like this are hard, and they create some level of scrutiny and distrust with our law enforcement. And what I've made clear to Chief Brown … is I want to see more training with de-escalation tactics whenever possible."

Brown said he met with the mayor for four to five hours on Sunday, as well as members of some of the local advocacy groups. In the coming weeks, Brown said his office will be looking at whether they are taking the right steps in de-escalating training.

"Can we do better? I think we can. Should we do better? We can, and we will," he said.

The police department needs to be the guardians of the community, not the warriors of the community, the interim chief said.

Biskupski acknowledged on Monday that "Salt Lake officials are reaching out to the community in ways that we never have before. This is a tragedy for everyone involved and there's a great deal of effort being made to recognize that. Moving forward, we can become better at what we do and focus on some things and learn. I think that's really important."

She said she is also working to obtain independent counsel for the citizen's review panel, which would require City Council approval. Biskupski also said she is "confident" in the police department and in the ongoing investigations.

"For the time being, it is important to give law enforcement and the Salt Lake County District Attorney's Office time to do the work they're doing. I have full confidence in the Unified Police Department to manage this investigation very well," she said.

Monday afternoon, the American Civil Liberties Union of Utah also called for "a full investigation," urging the mayor and chief "to act swiftly, openly and objectively in gathering all of the facts behind this most recent officer-involved incident. We hope that Abdi and his family will be treated fairly and compassionately as all the facts of this incident are sorted out," the ACLU stated.

"If the SLCPD finds the shooting justified, the public deserves to know exactly why, so we can understand whether the policies on use of force match the public's expectations and whether the process for investigation and accountability is working. If the (district attorney) finds the shooting not justified, the public deserves to know how the SLCPD will ensure that this doesn't happen again."

As for the unrest by some bystanders after the shooting, Brown said rocks and bottles were thrown at police officers, but it would be wrong to label the incident a "riot."

"That four letter word conveys something to people that just didn't happen," Parker said.

There was no property damage, no one was injured, and the incident was over in 10 minutes, he said.

Abdullahi has an extensive criminal history in juvenile court. Family members acknowledged that he has had problems in the past while hanging out with "the wrong people" but said he was trying to change.

Abdullahi was referred to juvenile court 10 times for four felonies and eight misdemeanors or infractions since 2011, according to 3rd District Juvenile Court records. Three of those felonies and seven misdemeanors were allegedly committed while Abdullahi was already on probation. He has spent a total of 122 days in a detention facility as of Monday.

In 2011, Abdullahi was charged in juvenile court with aggravated assault using a weapon, according to court records. Four of his next five criminal cases were for theft. In 2014, he was charged with using a dangerous weapon. He was again charged with felony theft in September in two cases. He was in juvenile court for one of those charges just four days before the shooting.

South Sudan: the juvenile prison where life is better on the inside


Most of our children are in here for committing the crime of stealing food,” says senior probation officer Altaf Hawa Bol. “Many of them are children from other counties. Most of them don’t have families.”

She gestures to the boys kicking a football around the muddy internal courtyard of Wau juvenile detention facility. A group of older boys sit in a corner chatting, eyeing a stick-wielding prison guard nervously. Somewhere in the background a child can be heard screaming.

Altaf continues: “Maybe they went to a restaurant and ordered some food costing one or two [South Sudanese] pounds [11-22p], but they had no money and tried to run away. They got caught by the owner, who brought them to the police. Or maybe they stole a T-shirt from the market. These are the common stories as to how they end up with us.”

The Wau detention centre in Western Bahr el Ghazal state in north-western South Sudan is the only reformatory facility of its kind in the country. The crammed facility houses 45 boys, aged between 10 and 18. A few are imprisoned for charges of murder or rape. But most are petty criminals serving sentences of less than six months. Almost all have been here more than once.
Ishmael Beah hails South Sudan's former child soldiers as future leaders
Read more

Adim* is 17 and on his second term. On the first, aged 14, he was convicted of rape and served two years. He says that although his mother is living nearby he doesn’t know where she is or how to find her. On release he found himself living on the streets. The prison has a sole social worker dedicated to family tracing and follow-up care; she has managed to trace and reunite only one inmate with his family. On release Adim stole food to survive and found himself inside again. But he says he really doesn’t mind.

“This is a good place. It’s not like a proper prison where it is very hard to live. It is OK here. I like it. I feel safe.”

Jehanne Henry, senior Africa researcher for Human Rights Watch, says South Sudan’s prisons have long been struggling (pdf): “The criminal justice system is riddled by insufficiencies and abuse, including the lack of due process in proceedings. It’s a chronic problem.

“Most children wind up in adult jails,” she adds. “I’ve seen children and mentally ill people housed in mixed adult jails in terrible conditions. But if children are going to be detained, there need to be all sorts of safeguards. Sadly, any attempts to improve South Sudan’s criminal justice system have been derailed by the recent conflict.”
Young boys clean their dormitories in the Wau Juvenile facility for young offenders in Wau, South Sudan

Boys clean their dormitories in the Wau facility for young offenders. Some return frequently for minor offences as it is often the only alternative to living on the street.

Adim shares a dormitory room with the older boys; the 10- to 14-year-olds share another. Altaf explains: “We only have these two rooms, so we have to treat them all [the same]. We don’t differentiate [between] the murder, the rape – they are all children and we talk to them in the same way. Our youngest inmate is just 10 and he is here for murder. He killed a younger boy in a fight but he doesn’t even know what he did. The first time he came here he was running about without a care, because he doesn’t know what he did wrong.”

David* is 11. His family fled fighting in neighbouring Unity state and came to Western Bahr el Ghazal. Then both his parents died.

“I met a man who told me to ask the chief for help,” he says. “The chief let me stay there for three nights. Then the man told me where the chief kept his money and said I should steal it for him. I took 20,000 pounds [£2,250]. I gave it to the man and he gave me 500 pounds.” Both of them were caught and David was sentenced to four months’ detention.
Food rations bring respite to South Sudanese forced to live in swamps
Read more

Western Bahr el Ghazal has a high number of internally displaced people who have fled fighting in neighbouring states. Many of them are lone children like David. Shadrach Maper Adong, a Unicef programme officer based in Warrap, says: “We know it is a big problem and we see these street children everywhere, but we don’t know exactly how many there are. We are trying to find out and see if we can better support them.”

The juvenile facility is certainly better than South Sudan’s overcrowded adult prisons, where disease and hunger are rife. But it is still extremely basic. A stench of sewage permeates the air, food provision is generally two bowls of rice a day, supplemented by milk and porridge supplied by the Red Cross. It has also provided mosquito nets for the iron beds and access to medical care.

There is a brick school building on site stocked with books provided by Unicef, but it’s currently used as a pre-school for the children of the prison staff. The prisoners receive no education. The governor says he is waiting for official registration to open the school, and that the central government needs to provide teachers and pay their salaries. The only activities are twice weekly football coaching – part of a right-to-play scheme – and visits to a nearby prison garden, where inmates are taught to grow vegetables.
Boys carry out farming duties, watched over by armed guards in the Wau Juvenile facility for young offenders
Facebook
Twitter
Pinterest
Boys at the facility carry out farming duties, watched over by armed guards.

This frustrates Altaf. “My hope is to point them towards an interest in learning. I want them to leave here and to want to go back to school. But to do that we need teachers, and we need a workshop so we can do things like mechanic or carpentry training.

“I tell them to leave the stealing and fighting behind when they get out. But we have no means of controlling them outside of here. They receive no support so, of course, they will come back again. Here at least they have food and drink. We know some of them go straight out and commit a crime, just so they can come back. Of course we discourage it, but what can we do?”

She places a maternal arm around Adim’s shoulders. “When you leave here, prepare seeds to get money. If you want clothes, you must buy clothes. If you work for yourself, you will succeed. But if you want to steal, that’s not a way of living. You will be 18 next. Your time here is over.”

Family of shooting victims attends court hearing in Palmer

 
A large group of people that included Alvin Millard, whose wife and son were slain in a Monday shooting in Meadow Lakes, appeared at a hearing in Palmer court on Thursday for a juvenile delinquency hearing for someone named in court documents as “I.M.”

According to friends of the family, Alvin and Renee Millard had two children, Dean, 10, and Ian, 12. Authorities say Renee and Dean Millard were shot and killed in their home Monday by a juvenile they have not publicly identified.

The delinquency hearing was not open to the public, and district attorney Roman Kalytiak refused to answer any questions about its nature because it involved a child.

“I think it’s one of those things where you guys need to connect the dots,” Kalytiak said. “This case has started, it’s confidential.”

The scene at the courthouse was the latest chapter in a grim story that began when police were called to the Millard home on North Autumn Drive at around 8:20 a.m. after a juvenile called 911. When they arrived, Alaska State Troopers found the bodies of Renee and Dean Millard.

An apparent manhunt began shortly after, with helicopters and armed police patrolling the neighborhood and emergency responders and reporters told to take refuge inside a nearby fire station on Pittman Road. Also present in the fire station parking lot that morning was a trooper SUV, which was occupied by a trooper and a male juvenile who sat in the front passenger seat.

The following day, troopers announced they had arrested a juvenile for the killings.

Mat-Su Borough School District officials said Dean Millard was a student in the district, but when asked about Ian Millard, district spokeswoman Catherine Esary said she could not comment on the family’s oldest boy due to an ongoing juvenile justice matter. Online results of the 2015 Science Olympiad, a school science competition, list an Ian Millard as a competitor for Teeland Middle School.

The family has not publicly commented about the case.

Kalytiak said no information about the case will be released unless the juvenile in custody is waived into adult court. He said he could not say when such a decision was made or give any further details about the proceedings.

Troopers have also refused to answer any questions about the case, citing state privacy laws governing juvenile defendants.

Both Renee and Ian Millard have had their names in the Frontiersman before, but not in connection with any criminal activity. Renee Millard was a frequent competitor in community running and triathlon races, a trait she shared with her two sons. According to online race results, Ian Millard was a three-time junior Mount Marathon racer who also won the junior division of the Why Not Tri triathlon in Wasilla in 2014 and 2015. Dean Millard also competed in youth sporting events.

A Gofundme.com page has been set up to support “Alvin Millard & Family.” As of Friday morning, the page had raised more than $28,000 from 180 donors.

The page includes a brief plea for help in the wake of the family’s tragedy.

“Alvin has been a true friend to all of us throughout the years and now we have the opportunity to support him and his family in this time of need and in doing so provide some small measure of comfort so Alvin can concentrate on the truly important process of healing and moving forward,” reads the statement.