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SACRAMENTO, Calif. (AP) -- A judge preliminarily ordered California Gov. Gavin Newsom to stop issuing directives related to the coronavirus that might interfere with state law.Sutter County Superior Court Judge Sarah Heckman tentatively ruled Monday that one of the dozens of executive orders Newsom has issued overstepped his authority. She more broadly barred him from infringing on the state Legislature.The judge said Newsom overstepped his authority with an executive order that directed counties to send all registered California voters mail-in ballots and regulated the number of polling stations.The lawsuit stems from an executive order that was issued before the state's Legislature passed a similar law related to mail-in ballots.It's the second time a judge in the same county has reached the conclusion, which runs counter to other state and federal court decisions backing the governor's emergency powers.Heckman's decision will become final in 10 days.Newsom's administration says it disagrees and is evaluating its next steps. 1050

SACRAMENTO, Calif. (AP) — Gov. Gavin Newsom formally apologized Tuesday for violence, mistreatment and neglect inflicted on Native Americans throughout California's history, saying it amounted to genocide and pushing the state to reckon with its dark past.The Democratic governor met with tribal leaders at the future site of the California Indian Heritage Center, where he also announced the creation of a council to examine the state's role in campaigns of extermination and exploitation.Throughout history, the California government was key to efforts to remove and kill Native Americans who lived on land that would become part of what is now the world's fifth-largest economy."Genocide. No other way to describe it, and that's the way it needs to be described in the history books," Newsom said.Joseph L. James, chairman of the Yurok Tribe, which has territory near the Northern California coast, said it is significant to hear the governor acknowledge the state's efforts to eliminate indigenous communities around the time of the Gold Rush."It was a step into healing," he said.James said he hopes the governor maintains a close relationship with tribes on a range of issues, including the protection of natural resources and prevention of wildfires.Newsom is not the first to apologize for the treatment of Native Americans.Congress tucked an apology in a 2009 military spending bill, acknowledging "years of official depredations, ill-conceived policies, and the breaking of covenants by the federal government regarding Indian tribes."Last year, then-Alaska Gov. Bill Walker issued an apology to the state's indigenous people, listing a series of wrongs.Other governors have apologized for specific episodes in history, from the killing of Arapaho and Cheyenne people in the Sand Creek Massacre of 1864 to the forced move of Potawatomi people from Indiana to Kansas in 1838 on what has become known as a trail of death.Newsom pointed to California's efforts to remove American Indians as people flooded the state searching for gold in the mid-19th century.California's first governor, Peter Burnett, declared to legislators in 1851 "that a war of extermination will continue to be waged between the two races until the Indian race becomes extinct must be expected."The Legislature subsequently approved .29 million to subsidize militia campaigns against American Indians, Newsom's office said.Like other states in the U.S. West, California has seen renewed debate about its treatment of indigenous people.Stanford University announced last year it would remove the name of Spanish missionary and Catholic saint Junipero Serra from some parts of campus following criticism over his treatment of Native Americans.And in recent years, some schools have abandoned what was once a common project in elementary classrooms around California: building models of Spanish missions, which were constructed in real life with the forced labor of Native Americans.California has the largest proportion of American Indians in the United States. About 723,000 residents identified as American Indian during the 2010 census. 3127

SACRAMENTO, Calif. (AP) — A California appeals court says it's legal to have small amounts of marijuana in prison — so long as inmates don't inhale.The 3rd District Court of Appeal ruled that California voters legalized recreational possession of less than an ounce (28 grams) of cannabis in 2016, with no exception even for those behind bars.But the court says state law does prohibit smoking weed in prison. Prison officials can also still punish pot possession as a rules violation."According to the plain language of ... Proposition 64, possession of less than an ounce of cannabis in prison is no longer a felony," the court ruled Tuesday. "Smoking or ingesting cannabis in prison remains a felony."RELATED: City votes in favor of marijuana production site in Kearny MesaThe court overturned the Sacramento County convictions of five inmates who had been found with marijuana in their prison cells."The voters made quite clear their intention to avoid spending state and county funds prosecuting possession of less than an ounce of marijuana, and quite clear that they did not want to see adults suffer criminal convictions for possessing less than an ounce of marijuana," Sacramento County Assistant Public Defender Leonard Tauman said in an email. The appeals court "quite properly honored what the electorate passed."Attorney General Xavier Becerra's office said it is reviewing the ruling and did not say if he will appeal.RELATED: Nevada becomes first state to ban pre-employment marijuana tests"We want to be clear that drug use and sales within state prisons remains prohibited," said corrections department spokeswoman Vicky Waters. She said the department "is committed to providing a safe, accountable environment for prisoners and staff alike and we plan to evaluate this decision with an eye toward maintaining health and security within our institutions."The three-judge panel rejected the state's argument that guards will lose control over prisons if inmates are free to possess small quantities of marijuana, noting that possession can still be punished as a rules violation with longer prison terms or a reduction in privileges.While prison officials can still punish inmates for violating the rules, "this ruling will prevent inmates from having years added to their sentences for simple possession, reducing overcrowding and saving ,000-75,000 a year in unnecessary costs," said Assistant Public Defender David Lynch.RELATED: More than 100 illegal pot farms busted in Anza, tons of weed seizedThe judges scolded the attorney general's office for a counter-argument it said "uses arcane rules" and "twists the meaning of the words of the statute."Becerra's office argued that the court's reading of the law was absurd because it in effect allows controlled substances into prisons. But the court noted that it previously ruled that it's not illegal for inmates to have properly prescribed medications or medical marijuana behind bars — though it may be against the rules."The Attorney General raises the same hackneyed and losing arguments in each case involving contraband in jails or prisons," the judges wrote.Lawmakers held "an over abiding consensus" in the 1940s that drug use by inmates was "the ultimate evil," they wrote. But those old laws belie "a gradual change in attitude" first toward medical and eventually toward recreational marijuana."As a matter of public policy, his position may be sound," the judges wrote. "The fact that the Attorney General may not agree with the voters does not empower us to rewrite the initiative."They ultimately concluded that "a result is not absurd because the outcome may be unwise." 3667

SACRAMENTO, Calif. (AP) — A rookie Sacramento police officer who died during a domestic violence call was ambushed by a gunman and had no chance of surviving after she was shot, police said.The disclosure came late Friday amid criticism that it took police 45 minutes to get to 26-year-old rookie Officer Tara O'Sullivan during the armed standoff.O'Sullivan was later pronounced dead at a hospital.O'Sullivan was hit several times and one of the wounds was "non-survivable," Sgt. Vance Chandler said at a news conference where the department released police body camera video of the Wednesday night attack.Police Chief Daniel Hahn said the gunman had stashed two assault rifles , a shotgun and handgun in different rooms and opened fire as officers knocked on the door."The officers were essentially ambushed," Hahn said.He said patrol car doors and protective vests couldn't stop the high-powered rifle rounds, and if officers had tried to rescue their fallen colleague before an armored vehicle arrived, "we would have additional officers murdered.""Under the most dangerous and trying circumstances, our officers performed admirably," the chief said.Earlier in the day, suspect Adel Sambrano Ramos, 45, was charged with murder, attempted murder and possessing two illegal assault rifles.O'Sullivan was standing behind her training officer, Daniel Chip, when she was struck, police said.Footage from Chip's body camera showed him approaching a detached garage with his gun drawn, knocking and calling out: "Hey, Adel, Police Department... You're not under arrest, you're not in trouble."The officer then opens a screen door and begins to cautiously enter the open doorway, asking Adel if he is inside and repeating: "You're not in trouble, dude."At that moment, more than 20 rapid shots are heard. The officer runs for cover and radios that a high-powered rifle is being fired."Officer down! Officer down!" he says.Police said the gunman had opened fire from a house behind the officers and barricaded the front door.The charges against Ramos carry special circumstances, including that he killed O'Sullivan while lying in wait, an allegation that would allow authorities to seek the death penalty. However, that decision is months away and Gov. Gavin Newsom has imposed a moratorium on executions.Ramos is set to appear Monday for his first court appearance. Public defender Norm Dawson said he couldn't comment until he receives more details in the case.Police said the gunman strategically shot at officers for hours, using all the weapons kept in different rooms. He surrendered after an eight-hour standoff.Nine days before the officer's killing, a judge issued a warrant for the arrest of Ramos for failing to appear on a charge of battering a young woman.Police said the gunman opened fire as O'Sullivan and other officers helped an unidentified woman clear out her belongings from the garage of a North Sacramento home.Police earlier found two guns in a neighboring home associated with Ramos and learned about the warrant in the battery case. Five officers went to find him before the ambush occurred, police said.Authorities said lower-level warrants like the one Ramos faced rarely lead police to actively seek an arrest."I cannot tell you even in my (30-year) career where we had a misdemeanor bench warrant and we went out looking for somebody. That's just not practical," California Police Chiefs Association President Ronald Lawrence said. "Clearly you had a person who had a propensity for violence and wasn't held accountable for earlier crimes."Ramos has a history of domestic violence restraining orders, but most recently was charged in November with simple battery against a minor woman in September.Defense attorney and former prosecutor William Portanova, who is not associated with the case, said simple battery "means a slap or a push or a shove, but there's no bruises or stitches or bleeding and nothing is broken."Ramos failed to appear in February and a bench warrant was issued then withdrawn when he resurfaced. Another was issued June 10 and was active when O'Sullivan was shot.Sacramento County Sheriff's Department spokeswoman Sgt. Tess Deterding said many times deputies won't arrest lower-level fugitives even if they discover an outstanding warrant, because the offender would simply be released again with a new order to appear in court."I think it largely depends on the scenario at the time. Is this a person that needs to go to jail right now? Is this a solution to the problem that I have?" she said.Portanova said it's a reality of understaffed police agencies that so many warrants remain outstanding."Citizens are paying the price," he said. 4696

SACRAMENTO, Calif. (AP) — The California Supreme Court ruled unanimously Monday that inmates convicted of nonviolent sex crimes cannot be denied a chance at early parole consideration under a ballot measure approved by nearly two-thirds of voters four years ago. Former Gov. Jerry Brown, who championed the 2016 initiative as a way to reduce prison populations and costs by speeding chances for parole, has repeatedly said he and other proponents never intended for it to cover sex offenders. But lower appeals courts ruled that the plain language of the initiative means they cannot be excluded from consideration as nonviolent offenders, and the high court agreed. 674