Mr. Chair, I rise in strong opposition to the Denham amendment. The building his amendment targets does not exist. That's right; the building he wants to prohibit federal agencies from occupying next…
Mr. Chair, I rise in strong opposition to the Denham amendment. The building his amendment targets does not exist. That's right; the building he wants to prohibit federal agencies from occupying next year in fiscal year 2013 doesn't exist.
The Central District of California courthouse which is scheduled for construction in the near future is sorely needed to meet serious safety and security deficiencies at the current courthouse built in 1940. I am submitting for the record a memo from the U.S. Marshals Service which details these concerns. It tells of criminal defendants being escorted through hallways and in elevators with judges, jurors and the general public. It talks about the physical limitations of the aging building to meet the security challenges of the post 911 world. These issues, along with a shortage of space and concerns for the seismic stability of the building, have prompted the Judicial Conference to list the project as its number one priority since 2003.
The courthouse has been reviewed by OMB and GSA and approved in both Republican and Democratic administrations. For example, President George W. Bush requested funding for the courthouse in two of his annual budget requests to Congress and the House Transportation & Infrastructure Committee and the Senate Environment and Public Works Committee authorized it with bipartisan support. Furthermore it is important to note that this not new money. The House Appropriations Committee provided funding for this Central District Courthouse several years ago. This project has enjoyed bipartisan support from the Los Angeles County congressional delegation.
For the Record, I am also submitting a letter signed by both of our U.S. Senators and 17 members of the California House delegation urging the General Services Administration to move forward on the project.
Construction of the Central District courthouse will address long standing safety and security issues in the current facility in addition to bringing much needed jobs to the Los Angeles area.
I urge my colleagues to oppose this pointless amendment.
U.S. Department of Justice,
United States Marshals Service,
Los Angeles, CA, Nov. 2, 2011.
Memorandum To: Audrey B. Collins, Chief District Judge.
From: David M. Singer, United States Marshal.
Subject: Security Issues at 312 N. Spring Street.
You have asked me to describe the physical security
deficiencies of the 312 North Spring Street Courthouse. We
can provide you with photographs depicting many of these
deficiencies, if needed.
The United States Courthouse located at 312 North Spring
Street, Los Angeles CA, was built from 1937 to 1940. The age
of this building and design has presented various logistical
problems for The United States Marshals Service (USMS) in
regards to Prisoner Operations, Court Operations, and General
Courthouse Security.
Law Enforcement Gun Storage Lockers
In the Central District of California certain law
enforcement agencies are not authorized to remain armed after
passing the USMS security screening sites. Because of this
rule, there is a need for an area to secure the officers' and
agents' firearms. The only USMS space available out of public
view for the firearms locker, within close proximity to the
screening site, is also the entrance for attorneys to speak
with in-custody defendants. The officers and agents must
remove their firearms in plain view of visiting attorneys and
prisoners, showing where firearms are carried on their
person.
Judge's Underground Parking at the Main Street Entrance
Prisoners transported for court appearances at the
courthouse must be offloaded in the Judges' Main Street
parking garage, in plain view of judicial vehicles, license
plates, make-model-color of judicial vehicles, and at times
while Judges are walking to or from their vehicle.
To reach the USMS cellblock, the prisoner must walk up the
same ramp and pass the same doors as the Judiciary. It is not
uncommon to encounter Judges or court staff while prisoners
are approaching the cellblock area.
There is always the potential for prisoners to attempt
escape or be assisted by an outside threat because the Main
Street garage gate entrance opens directly onto the public
sidewalk and a heavily trafficked entry route to the
freeways.
Movement of Prisoners
The hallway that serves the USMS cellblock, as well as the
only prisoner elevator, is also the only way for Judges to
get to their vehicles.
The area to wait for the prisoner elevator is a highly
traveled common area for various agencies and contractors in
the building. The court's procurement office is located off
this hallway, and court staff, delivery personnel, and
contractors constitute daily traffic.
The prisoner elevator does not connect directly to any of
the courtrooms in the courthouse; instead, USMS staff must
escort the prisoner through the public hallway, passing
potential victims, prisoner family members, witnesses,
jurors, and other prisoners in protective custody.
While walking to courtrooms located at the other end of the
building, USMS staff must pass various entrance doors to
judicial chambers.
Only two courtrooms have usable adjacent prisoner holding
cells. As a result, in-custody defendants sitting in the
courtroom galley across from potential victims and prisoner
family.
The courtroom doors leading to judicial chambers cannot be
secured due to the age of the doors' hardware and design,
which cannot be altered due to the building's historic
status.
All prisoner movement is done through public hallways,
creating unnecessary hazards for USMS personnel, court
employees and the public.
The routes from courtrooms back to the USMS cellblock
require the use of the public corridors providing the
potential for inappropriate verbal contact with witnesses,
jurors, family members, etc.
The prisoner elevator is out of service at least once a
week due to the age of the elevator. Prisoners must be
escorted using the public elevators, walking through the main
lobby.
There is no secure circulation for judges. The elevator
utilized by judges opens to the same public lobbies used to
transport prisoners.
Of the 29 courtrooms in the building, only 12 are
accessible using a tunnel system which originates in the USMS
cellblock.
The tunnel access uses a combination of steep stairs and
narrow, winding hallways with restricted head room in various
areas. The hallways have numerous blind spots from camera
coverage, and an elevator that is usually not operational.
For this reason the tunnel system is not regularly used.
If the tunnel access is used, prisoners must still be
escorted through the rear secured judicial hallway that
connects courtrooms and judicial chambers.
Physical Security Issues
The screening stations located at the Main Street entrance,
the Spring Street entrance, and the Spring Street loading
dock were never designed to accommodate current upgraded
security and the large crowds who visit the courthouse on a
daily basis. Despite the additional concerns and potential
threats posed by high threat criminal court cases and
increased violence in society, we are not able to redesign
these security sites due to the historic nature of the
building, and the limited space available.
The ground floor windows around the courthouse are
continuously a target for vandalism due to the increasing
population of homeless people, as well as anti-government
protests occurring daily at surrounding local and state
government buildings. The windows' general make-up is
inconsistent around the building, with some windows being
bullet resistant, some with a protective mylar film, and some
with just solar tinting film. The historic status of the
building makes it difficult, if not impossible, to install
bullet resistant glass in all first floor windows. Three
ground floor windows have been broken by vandals in the past
year alone.
The courthouse lacks available handicap access on the Main
Street entrance, the most heavily used access. The courthouse
thus must have two entrances, Main Street and Spring Street,
which requires staffing by six court security officers (CSOs)
rather than just one entry where we can put less CSOs,
concentrating staffing more effectively at a single
controlled entry point.
High Threat Trials
The Spring Street Courthouse is an unsafe physical facility
for the transport of even one prisoner. Here are examples of
some of the high threat, multi-defendant trials held in
downtown Los Angeles. They provide a vivid picture of the
type of defendant, defendant families, witnesses, and victims
involved in federal criminal proceedings held
in the Spring Street and Roybal court facilities.
1. U.S. v. Orozco et al. The indictment names 53 defendants
who are all members or associates of the 38th Street gang,
and charges them with RICO, VICAR, drug trafficking/
possession, firearms trafficking/possession, and conspiracy
to tamper with witnesses.
2. U.S. v. Santiago Rios, et al. The indictment charges 51
defendants who are all members and associates of the Azusa 13
criminal street gang or validated members and associates of
the Mexican Mafia. The charges are RICO conspiracy, civil
rights violations, weapons and narcotics offenses.
3. U.S. v. Darbinyan. The case involved 70 defendants who
were members or associates of the Armenian Power Criminal
Enterprise. Approximately 15 of the defendants would be
categorized as very dangerous based on their criminal
histories and/or criminal conduct during the investigation.
4. U.S. V. Ron Hirsch. This is the synagogue bomber case.
The defendant is charged with attempting to blow up a
synagogue with a large pipe bomb. This case received
considerable national media coverage.
5. U.S. V. Oscar Juarez, et al. The indictment charges 5
defendants, two of whom are Clanton 14 gang members, with
Hobbs Act Robbery, 924(c), and Conspiracy to Distribute
Cocaine charges.
6. U.S. V. Edwin Mauricio Palacios. A 1326 case involving
an MS 13 gang member whose criminal convictions included a
1995 conviction for second degree robbery, 2008 conviction
for terrorist threats, and two arrests for participating in a
prison riot.
7. U.S. v. Raul Mercado Mercado. This is a 1326 case
involving a Sangra gang member with a prior 1996 conviction
for voluntary manslaughter and robbery.
8. Operation Silent Night. There were approximately 30
defendants arrested. Extra manpower was needed at all times
for movement due to the high security risks. The defendants
are charged with numerous homicides, including the murder of
a Burbank Police Officer. They are also charged with
narcotics trafficking, extortion, and racketeering. This is a
capital offense case.
9. Twenty defendants in another case are all gang members
of the East Side Wilmas, and were charged with murder, as
well as conspiracy. They are also charged with distribution
of illegal narcotics.
Terrorism Case
10. U.S. v. Mihalik. The indictment returned August 30,
2011 charges one defendant with making a false statement in a
terrorism matter.
Multi-Defendant Courtroom in Roybal
The availability of this courtroom assists the USMS and
judges in the Spring Street courthouse who need to be
conducting high threat, multi-defendant trials as it was
built out specifically for such proceedings. Use of the
courtroom requires the USMS to provide security
transportation from Spring Street, where the judge has
parking, to Roybal, two blocks away from chambers.
On a regular basis, however, there are far too many
criminal proceedings for the 21 district judges to hold their
criminal calendars all in this one courtroom. In 2011, for
example, 1,685 defendants had proceedings in downtown Los
Angeles, or 48 criminal cases per judge. Virtually all judges
hold criminal calendar on Mondays making use of the Roybal
multi-defendant courtroom unavailable to more than one judge
at a time. Roybal judges also use the courtroom.