Sacramento police reform measures don’t go far enough, legal experts say

A series of police reform measures approved by the Sacramento City Council last week are small steps in the right direction, but the city still has a lot of work that needs to be done and shouldn’t be lauded for such minor changes, legal experts argued on Wednesday.

The reforms were prompted by calls from local activists as part of a national movement following the death of George Floyd, an unarmed black man who was killed during a police encounter by a white Minneapolis police officer.

Since then, officials in towns small and large throughout the country have looked internally at what can be done to fix the fractured system of policing.

n Sacramento, city leaders passed a series of measures that, among other things, reallocated funds away from the Sacramento Police Department toward other community initiatives; banned the use of choke holds during most police encounters; and paved the way for the creation of an independent inspector general who would be tasked with the responsibility of reviewing allegations of police misconduct and abuse of force.

Legal experts in Sacramento said the measures were a long time coming — and should have come a lot sooner.

“The policy proposals from [Sacramento Mayor Darrel Steinberg] and city officials are much delayed and hardly reform,” Elizabeth Kim, the head of the National Lawyers Guild in Sacramento, told the Davis Vanguard in an interview.

Other steps need to be taken by the city, Kim said, including an acknowledgement that so-called “non-lethal” force approved in most cases is, in fact, extremely dangerous and can be lethal for the subjects of police encounters.

Criminal defense attorney Mark Reichel agreed, pointing out the inequities between ordinary citizens and law enforcement officials.

“Lawfully, [citizens] cannot resort to force if someone steals their car, their identity, or assaults their family,” Mark said. “But the police have that lawful right — the right to use force if needed.”

Mark said it was clear that Sacramento officers had been enabled to use that force because of the city’s inaction for a long time.

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Family of murdered librarian Amber Clark sues Sacramento police, prosecutor for gun records

The family of a Sacramento woman who was gunned down while sitting in her car outside a city library two years ago has filed a lawsuit against the Sacramento Police Department and Sacramento County District Attorney’s Office.

The lawsuit, filed in state court earlier this week, comes after the relatives of librarian Amber Clark sent numerous requests to law enforcement and the county district attorney’s office seeking records related to the gun used in the murder.

In December 2018, police arrested Ronald Seay in connection with Clark’s murder. Investigators allege Seay shot Clark more 11 times at close range, striking her in the face and head.

Police acknowledged Seay had a history of mental health issues, was known to harass library patrons and had several law enforcement encounters in California and Missouri over the years.

Despite this, Seay was able to legally purchase the gun allegedly connected to Clark’s murder in Missouri, authorities said.

Since the murder, Clark’s family has tried on numerous occasions to get records related to the purchase of the gun and other documents in the case.

“The information we’re seeking can help explain how Amber’s shooter was able to access a gun despite a well-documented history of mental illness involving threats of violence, contact with law enforcement, and aggressive behavior,” Amber Clark’s spouse Kelly Clark said in a statement. “Making this information available won’t bring Amber back, but by potentially exposing gaps in the system, it may help prevent someone else from going through what our family has.”

Both the Sacramento County District Attorney’s Office and the Sacramento Police Department have refused to turn over documents in the case, citing exemptions in California’s Public Records Act that allow withholding of investigatory records during ongoing criminal cases. In one instance, the Sacramento County District Attorney’s Office said federal law prevented the disclosure of certain firearms-related records that were being sought for disclosure.

But attorneys representing the Clark family say the records they’re seeking aren’t covered by the exemptions and should be released to the family, in part because an amendment to California’s constitution allows victims to obtain certain information about crimes.

Sacramento legal expert Mark Reichel told CBS13 News the lawsuit filed in state court could put the state’s victim’s bill of rights against federal exemptions.

“I don’t know what interest the federal government would have to override a Californian constitutional amendment, giving the victims the right to know this type of information,” Mark said, adding that the case was unusual because the county prosecutor’s office typically tries to appear “very victim-friendly.”

As of Wednesday, the Sacramento Police Department and Sacramento County District Attorney’s Office had not formally responded to the lawsuit.

Seay is currently awaiting trial in the case.

Click here to read the full story from CBS13 News