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SACRAMENTO, Calif. (AP) — California will reconsider life sentences for up to 4,000 nonviolent third-strike criminals by allowing them to seek parole under a ballot measure approved by voters two years ago, according to court documents obtained by The Associated Press on Thursday.The state will craft new regulations by January to include the repeat offenders in early release provisions. Gov. Jerry Brown also will not appeal a court ruling that the state is illegally excluding the nonviolent career criminals from parole under the 2016 ballot measure he championed to reduce the prison population and encourage rehabilitation.The state parole board estimates between 3,000 and 4,000 nonviolent third-strikers could be affected, said corrections department spokeswoman Vicky Waters, "but they would have to go through rigorous public safety screenings and a parole board hearing before any decision is made."RELATED: Ex-con, called poster?child for three-strikes law, sentenced to life in prisonIt's the second such loss for the Democratic governor, who leaves office days after the new rules are due. Another judge ruled in February that the state must consider earlier parole for potentially thousands of sex offenders. The administration is fighting that ruling, which undercuts repeated promises that Brown made to voters to exclude sex offenders from earlier release.Prosecutors are not surprised and warned throughout the Prop. 57 campaign that nonviolent third-strikers would unintentionally fall under the measure's constitutional amendment, said California District Attorneys Association spokeswoman Jennifer Jacobs."We expect the same exact thing to happen with regard to sex offenders," she said. "To fix this they're going to have to go back to the people for a vote, which can't even happen for another two years."RELATED: How some states are reducing the prison populationBrown will not appeal last month's ruling by a three-judge appellate panel in the Second Appellate District in a Los Angeles County case that third-strikers must be included under Proposition 57's constitutional amendment. It requires parole consideration for "any person convicted of a nonviolent felony offense" regardless of enhancements under California's three strikes law."There is no question that the voters who approved Proposition 57 intended (inmates) serving Three Strikes indeterminate sentences to be eligible for early parole consideration," the appeals court ruled, adding that, "There is strong evidence the voters who approved Proposition 57 sought to provide relief to nonviolent offenders."Administration lawyers said in a filing in a separate related case that the state "is not seeking review" of the appeals court decision and "is in the process of drafting new emergency regulations in compliance" with the decision by Jan. 5.RELATED: Kim Kardashian makes trip to the White House in the name of criminal justice reformMichael Romano, director of the Stanford Three Strikes Project, called the administration's decision to comply "a big deal, a huge deal."Clients potentially affected by the new decision include inmates serving life terms for stealing a bicycle, possessing less than half a gram of methamphetamine, stealing two bottles of liquor or shoplifting shampoo, he said."It's a monumental decision. It's one of the biggest decisions on sentencing policy in the Brown administration," said Romano, whose project represented third-strike inmates in several appeals.The ruling doesn't guarantee any of the offenders will get out of jail. But it allows them to go before the parole board. Romano estimates 4,000 people will be eligible for parole.Nonviolent third-strikers are disproportionately black, disproportionately mentally ill and statistically among the least likely to commit additional crimes, said Romano, who has studied the issue.He cited corrections department data on more than 2,200 nonviolent, non-serious third strikers who were paroled under a 2012 ballot measure that allowed most inmates serving life terms for relatively minor third strikes to ask courts for shorter terms. Less than 11 percent returned to prison by October 2016, the latest data available, he said, compared to nearly 45 percent for other prisoners. 4266

SACRAMENTO, Calif. — A peaceful protest in a sleepy suburb that’s home to the head of the California National Guard was among four demonstrations monitored by National Guard spy planes, according to the Los Angeles Times.The four planes took to the skies over cities in June to monitor protests following the killing of George Floyd. Three watched demonstrations in Minneapolis, Phoenix and Washington, D.C. But the target of the fourth was the affluent Sacramento, California suburb of El Dorado Hills.Authorities have not explained how and why that neighborhood was chosen when other cities that had seen property destruction and street clashes — like Los Angeles, Oakland and Long Beach — were not. El Dorado Hills only saw peaceful protest during the summer unrest.The Times says that state records show that the El Dorado County Sheriff's Office requested the use of the plane, and the National Guard also sent a Lakota helicopter to the area.The Times reports that Maj. Gen. David S. Baldwin, the head of the California National Guard, lives in El Dorado Hills. Baldwin told the Times that the agency's decision to send a plane had "nothing to do" with the fact that he lived in the area.“The use of the RC-26 to meet the sheriff’s request for aerial support to provide situational awareness for law enforcement is concerning and should not have happened,” a spokesperson for California Gov. Gavin Newsom said. “It was an operational decision made without the approval — let alone awareness — of the governor. After the incident, operational policies and protocols were reaffirmed and strengthened to ensure RC-26 aircraft are not used for these incidents again.” 1677

RICHMOND, Va. (AP) — Jerry Falwell Jr. has sued Liberty University, alleging the evangelical school founded by his late pastor father damaged his reputation in a series of public statements that followed his resignation as president and chancellor in August amid a series of scandals.The lawsuit filed in Lynchburg Circuit Court on Wednesday includes claims of defamation and breach of contract. Falwell took an indefinite leave of absence from his role as president and chancellor of the university back in August after he posted a photo on Instagram of himself and a woman, not his wife, with both of their pants unzipped while on his yacht.Falwell began serving as president of the Lynchburg, Virginia, university in 2007.The lawsuit alleges that Liberty officials accepted what Falwell says are false claims about his involvement in an extramarital affair between his wife and a business partner of the couple's and "moved quickly" to destroy his reputation."When Mr. Falwell and his family became the targets of a malicious smear campaign incited by anti-evangelical forces, Liberty University not only accepted the salacious and baseless accusations against the Falwells at face value but directly participated in the defamation. This action seeks redress for the damage Liberty has caused to the reputation of Mr. Falwell and his family," the lawsuit says.K. Todd Swisher, Circuit Court clerk for the city of Lynchburg, provided The Associated Press with a copy of the complaint, which contains a limited number of redactions in sections pertaining to Falwell's employment agreement. Swisher said there would be a hearing within a week for a judge to consider whether an unredacted version of the complaint should remain sealed.Liberty spokesman Scott Lamb said the school, which had not yet been served with the lawsuit, would have a formal statement in response later Thursday. The school's board of trustees has been meeting this week.An attorney for Falwell did not respond immediately to a telephone message left Thursday, and Falwell did not respond to a voicemail and text seeking comment.Falwell left Liberty in August after Giancarlo Granda, a younger business partner of the Falwell family, said he had a yearslong sexual relationship with Falwell's wife, Becki Falwell, and that Jerry Falwell participated in some of the liaisons as a voyeur.Although the Falwells have acknowledged that Granda and Becki Falwell had an affair, Jerry Falwell has denied any participation. The couple alleges that Granda sought to extort them by threatening to reveal the relationship unless he was paid substantial amounts of money.Before his resignation, Falwell had already been on an indefinite leave of absence after an uproar over a photo he posted on social media of him and his wife's pregnant assistant, both with their pants unzipped.Falwell said it was taken in good fun at a costume party during a vacation, but critics saw it as evidence of hypocrisy by the head of an institution that holds students to a strict moral code of conduct.Shortly after Falwell's departure, Liberty announced it was opening an independent investigation into his tenure as president, a wide-ranging inquiry that would include financial, real estate, and legal matters.Earlier this month, the school identified Baker Tilly US as the firm handling the investigation and announced the launch of a website to "facilitate the reporting of potential misconduct to the investigative team."Falwell has declined to answer questions from the AP about the size of the exit package he received from the university but has discussed the issue with other news organizations, which reported that he was set to receive .5 million. However, Liberty said in a statement last month that it paid Falwell two years of base salary and disputed "media reports regarding the size and terms" of Falwell's contract.In an August interview with the AP, Falwell said that the school's board had been "very generous to me" but raised concerns that they were "being influenced by people who really shouldn't have a say" about the future direction of Liberty.In the lawsuit, Falwell claimed that Liberty "turned on" him after Granda went public with his allegations, forcing his resignation. The lawsuit also says Liberty rejected Falwell's attempts "to reach an amicable resolution," forcing Falwell to turn to the court to "restore his reputation."The lawsuit says Liberty's statements have harmed not only Falwell's reputation but also his future employment prospects and business opportunities. Falwell now has a "drastically reduced ability" to attach his name to business and charity organizations, and he has stopped receiving previously frequent invitations to appear on TV to discuss Liberty, evangelicalism, and politics, the lawsuit says.The lawsuit further alleges that "Liberty's actions are antithetical to the teachings of Christ." Falwell's attorneys charge the university with hurting its own standing and that of the broader evangelical community "by playing right into the hands of sinister operatives with ulterior motives."Falwell's acrimonious departure from Liberty came four years after his endorsement helped burnish the reputation of then-presidential candidate Donald Trump among conservative evangelical Protestants. That group has since become a critical part of the president's political base. The public Falwell-Trump alliance that marked 2016 is not visible in this year's election, as the president looks to other prominent evangelical surrogates.Named in the lawsuit as amplifying Granda's claims is The Lincoln Project, a group founded by prominent GOP critics of Trump. A Lincoln Project adviser had provided public relations help to Granda after he went public with his allegations about a sexual relationship with Becki Falwell, although the group said Thursday that it "has had nothing to do with the public finally learning about the true character of the Falwell family." 5981

SACRAMENTO, Calif. (AP) — California is on the verge of phasing out its state-operated juvenile prison system. The move is hailed by reform advocates and criticized by counties that would assume responsibility for some of the state’s most violent criminal youth. The bill generally follows Gov. Gavin Newsom's latest plan to unravel the Division of Juvenile Justice, which houses about 750 youths. But legislators added what advocates said are needed safeguards and standards for the hundreds of millions of dollars that would eventually flow to counties to house and treat youths. Counties say those restrictions hobble their ability to provide proper care. The legislation was passed just before the Legislature ended its session this week. 750

RICHMOND, Va. - RICHMOND, Va. -- The tools of learning vary widely from textbooks and laptops to pen and paper. But listen closely to Paul Reisler's music class, all you need is a smile and a wild imagination."I’m always surprised what comes out," said Paul. "When you’re creating a song with children it really is an incredible group process."The singer and educator is the founder of "Kid Pan Alley." Paul and partner Cheryl Toth immerse themselves in classrooms with students of all ages and abilities.The assignment in every class is songwriting no matter the talent level."There are no bad ideas in Kid Pan Alley," said Paul. "It is so important to impress upon them that every idea is a good idea.""For the children, they’ve written it, so it is their voice," said Cheryl. "So music has a way of capturing our emotion and voice together."The duo says sparking a child's creativity ranks as high as the three R's."I think it touches every aspect of their education," said Cheryl.For 20 years, Paul an accomplished composer has been taking his non-profit and guitar on the road."We’ve worked with about 65,000 kids and written about 2,700 songs," said Paul.In schools from coast to coast, every far-fetched lyric and theme are embraced.“They would say things an adult wouldn’t say. A kindergartner said the wind blew me a pony. I don’t have any adult co-writers that would say anything like that,” said Paul."All of a sudden they come to life because they have something to share and contribute," Cheryl explained.Lyrics written in this classroom go deeper than "Wheels on the Bus.""These songs are very complex and emotional because they reflect what the children are thinking of the time," said Cheryl.Some tunes strike a chord with professionals. Singer Amy Grant recorded one class' collaboration. Another song was even nominated for a Grammy.“We treat the kids to work at the highest professional level. We want them to know they’ve done something of real value,” said Paul.From titles like “Sister for Sale" to "My shadow leads a double life."“It is this beautiful Pandora's box that opens. And you’re never quite sure what you’re going to get,” said Cheryl.Paul and Cheryl lament that music and art have taken a backseat to standardized testing.“They say we live in a creative economy. But there is precious little training for children being creative,” says Paul.The singers from Rappahannock County say their goal isn't to encourage students to pursue a career in music. “That is not the important part. The important part is that they take what they’re doing and doing it in a creative way,” said Paul.During these days of remote learning, "Kid Pan Alley" is adapting to the new norm.“This is a time they need it the most. They really need connection,” said Paul.Paul, Cheryl, and other artists write and perform with students virtually.“It is very joyful especially when I see these kids calling their parents in to listen to my song. Such great pride. (tighten) It is wonderful,” said Cheryl.“That is what I feel we do. When we go work with the kids we make a whole bunch of new best friends,” Paul added.Paul Reisler, a teacher helping his students write their way to a Grade "A" education with a lot of rhythms that touches the soul.“Because music brings people together. It brings community together. It brings children together. I think it creates a better world.”Paul will hold a virtual concert with his adult singer/songwriters on September 27. Kid Pan Alley’s next virtual concert for children will be October 4. For more information, click here.This story was first reported by Greg McQuade at WTVR in Richmond, Virginia. 3673