California Victim Compensation Board

Open Meeting Minutes

March 16, 2023, Board Meeting

The California Victim Compensation Board (Board) convened its meeting in open session upon the call of the Chair, Gabriel Ravel, General Counsel of the Government Operations Agency, acting for, and in the absence of Amy Tong, Secretary of the Government Operations Agency, at 400 R Street, Room 330, Sacramento, California, on Thursday, March 16, 2023, at 10:11 a.m. Also present was Member Evan Johnson, acting for, and in the absence of, Malia Cohen, Controller. Appearing via Zoom was Member Diana Becton, District Attorney.

Executive Officer Lynda Gledhill, and Chief Counsel Kim Gauthier, attended in person at 400 R Street, Sacramento, California. Board Liaison, Andrea Burrell, was also present and recorded the meeting.

Item 1. Approval of the Minutes of the January 19, 2023, Board Meeting

Member Becton moved approval of the Minutes for the January 19, 2023, Board Meeting. The motion was seconded by Member Johnson. By a unanimous vote of the Board, the motion passed.

Item 2. Public Comment

The Board opened the meeting for public comment and Ms. Burrell reminded everyone that, consistent with the Bagley-Keene Open Meeting Act, items not on the agenda may not be discussed at this time but may be put on a future agenda. (Gov. Code, § 11125.7.)

There was no public comment.

Item 3. Executive Officer Statement

Executive Officer Gledhill updated the Board on several items:

To start, Ms. Gledhill acknowledged that just after the January Board meeting, California experienced two horrific mass shooting events. The shootings in Monterey Park and Half Moon Bay were tragic incidents that left behind countless victims. CalVCB reacted immediately to both incidents, working with its local partners to make sure that the victims, including the families of the deceased, the injured and those that were witnesses, receive the help they need and knew they could apply for CalVCB benefits.

CalVCB has been working continuously to follow up and assess what outreach can be done to better reach victims. In both places, there have been significant language and cultural barriers. CalVCB is working both with the State Department of Civil Rights and local community leaders to make sure accurate information is provided to members of the community.

Ms. Gledhill noted there was quite a bit of confusion about how Go Fund Me accounts work with CalVCB benefits. CalVCB clarified that victims could receive both Go Fund Me money and CalVCB benefits, but that CalVCB benefits cannot be used to reimburse for expenses already paid by Go Fund Me accounts.

To date, CalVCB has received 27 applications from Monterey Park victims, and 44 applications from Half Moon Bay victims. CalVCB continues outreach to these areas with the reminder that victims have 7 years from the time of the incident to apply for CalVCB benefits. CalVCB also continues to work with local community leaders to make sure they understand how CalVCB works and to help them get applications filed.

In cases like these, CalVCB is also the entity that applies for a federal Antiterrorism and Emergency Assistance Program Grant, or AEAP Grant. These grants provide extra money to local communities to help with ongoing costs related to mass violence events. CalVCB continues the conversation with the local communities and the federal government to see if the community would benefit from the grant and whether or not CalVCB should be applying for one.

Ms. Gledhill noted that the mass violence events demonstrated how the work CalVCB has been doing to coordinate with its state partners also helps victims of crime. She reminded the Board that last year she convened the State Victim Coordination Council in order to bring together all state entities that help victims of crime. Within hours of the Monterey Park incident, even on a Sunday morning, many were coordinating their outreach and making sure those in state government were talking to each other so that everyone could best serve the victims on the ground. This Coordination Council continues to meet and talk about how best to work together. Ms. Gledhill plans to increase coordinated outreach efforts in the coming months as a way to amplify the work that CalVCB does.

Ms. Gledhill next discussed the Forced or Involuntary Sterilization Compensation Program, which is in its second year of the two-year program and is set to expire on December 31, 2023. As required by statute, CalVCB recently submitted the first annual report to the Legislature outlining the work so far and the payments to qualified applicants. CalVCB continues to work on getting the word out about the program and to try and reach the estimated 600 survivors of forced sterilization.

To date, CalVCB has received 389 applications and has approved 65. CalVCB knows there are more survivors out there and continues to do everything it can to reach them.

Finally, Ms. Gledhill previewed that in late April CalVCB will be marking Crime Victims’ Rights Week and Denim Day. These are important dates on the calendar and an opportunity for CalVCB to highlight the work that is done to help victims. Similar to last year, CalVCB staff will be hosting a denim drive to help a local non-profit raise money for services. Ms. Gledhill promised to update the Board on these activities at the May Board meeting.

Chairperson Ravel thanked Ms. Gledhill for the updates.

Item 4. Legislative Update

The Legislative Update was presented by Executive Officer Lynda Gledhill.

Ms. Gledhill noted that the Legislature returned to work in January and the Legislative Report in the Board binder reflected that they have been busy introducing bills.

Ms. Gledhill discussed AB 335, which would have repealed Proposition 47, and noted that it had been recently amended and no longer contained provisions related to CalVCB.

Hearings on all the bills start in the next few weeks and CalVCB will continue to monitor them as they go through the lengthy legislative process.

Chairperson Ravel thanked Ms. Gledhill for the updates.

Item 5. Contract Update

The Contract Update was presented by Executive Officer Lynda Gledhill.

Ms. Gledhill requested the Board’s approval of the contract with the Government Operations Agency in the amount of $300,000. This contract is for administrative services including, but not limited to, Legal, Budget, Personnel, Legislative, and Information Technology Services and Policy and Communication Oversight.

Chairperson Ravel thanked Ms. Gledhill and noted for purposes of the minutes that, because he is an employee of the Government Operations Agency, pursuant to Government Code section 1091, he would be recusing himself from this item, and asked Counsel to call for the motion.

Member Johnson moved to approve the Executive Officer’s execution of Item 1 of the Contract Report – the contract with the Government Operations Agency in the amount of $300,000. The motion was seconded by Member Becton. An aye vote being cast by members Becton and Johnson (Chair Ravel abstained from the vote), the motion passed.

Item 6. Proposal to Approve Trauma Recovery Center Grant Award

The Proposal to Approve the Trauma Recovery Center Grant Awards was presented by Chief Deputy Executive Officer, Natalie Mack.

Ms. Mack started by explaining that CalVCB is charged with administering the Trauma Recovery Center Grant process. CalVCB functions on a two-year cycle and there is no limit to the amount of funding that can be requested, there is no guarantee of funding regardless of whether the TRC was previously funded or not, and CalVCB has made certain considerations based on feedback that has been previously provided by legislators who have been interested in this effort. Specifically, information related to geographic distribution and making sure that there is coverage in all areas possible has been incorporated into the process. Of note, legislators provided additional one-time funding in the last budget cycle to raise the floor for existing TRCs to $1.1 million per TRC, which allowed for more services throughout existing TRCs. Additionally, funding was provided to establish satellite offices, providing more coverage and more services.

Ms. Mack explained that the funding for this grant process comes from the Restitution Fund ($2 million) and the remaining 10% from the Safe Neighborhoods and Schools Act. It is adjusted annually based on budget revise released by the Governor in May. For this grant cycle, CalVCB introduced the NOFA and received applications from interested partners. The process of scoring the NOFA has been consistent. CalVCB takes the minimum qualifications as outlined in statute and grantees who meet the minimum qualifications are scored and consideration is given for things like geography, and how quickly they would be able to get up and running. Based on all of this, the applications are scored and recommendations are provided to the Board for consideration for funding.

Ms. Mack then showed the Board a graphic display of all of the TRCs throughout California and their geographic distribution. The graphic showed that within the state of California, there are clusters of Trauma Recovery Centers, but reminded them that CalVCB has no control over who applies for the grants or where they are locating their centers. CalVCB is cognizant of not withdrawing services and maintaining where feasible the continuity of the centers that are already in place. CalVCB’s funding recommendation for this cycle recommends a cap of $1.1 million per year. Ms. Mack acknowledged that there is no cap in statute, but further acknowledged there are constraints as there is a finite amount of money available. In this cycle, applicants requested nearly $42 million in grant funds, and there is approximately $20 million available to distribute to all approved TRCs.

Finally, CalVCB has created a tiered approach which allows for the Program to more evenly distribute the funds, maintain the continuity throughout the state, and fund the most TRCs. The only TRC that is not being recommended for funding this cycle is one that did not meet the minimum qualifications.

Ms. Mack recommended the Board approve the Trauma Recovery Center Grant Awards as recommended and further authorize staff to increase or decrease the awards as necessary to reflect the funds available following release of the Governor’s revised budget in May.

Chair Ravel thanked Ms. Mack for all the work that was put into the program to ensure a fair geographic distribution and continuity of services.

Member Johnson stated that it was remarkable to see the effort that’s gone into the program and to maintain its geographic diversity, as well as the continuity of care. He noted that there are obviously going to be areas that remain underserved and understood CalVCB is limited to the applications that come in the door. However, he wondered what efforts were undertaken, or can be undertaken in the future, to make sure that places in the north part of the state have some representation on the map in the future. Member Johnson stated the services that are in existence are great, but if CalVCB can expand them and make them more geographically diverse, that would be a win for everyone.

Ms. Mack responded and reported on the outreach efforts for the grants, which included sending out a mass mailing to all of the hospitals and community-based organizations, throughout the and advising them of the process for applying for the grants, and notifying them that the NOFA had been released. Ms. Mack further noted, as previously mentioned, that the Legislature provided additional funding in the most recent budget for some satellite offices that were specifically targeted to those areas that are underserved, such as the Central Valley and the outskirts.

Member Johnson followed up by asking if there is a way to think about or assess where the greatest need is versus where the centers are currently located to identify gaps in service.

Ms. Mack responded and noted that CalVCB currently has outreach efforts that are underway and that CalVCB is trying to determine high need areas based on crime rates, rather than the number of applications filed with CalVCB. Specific to trauma recovery centers, Ms. Mack further noted that CalVCB is required to partner with organizations that can operate the TRC, but suggested future marketing efforts will drive CalVCB’s outreach, not just for the TRCs, but also for victims of crime. Member Becton moved to adopt the Proposed Trauma Recovery Center Grant Awards as recommended and further authorized staff to increase or decrease the awards as necessary to reflect funds available following the Governor’s revised budget in May. The motion was seconded by Member Johnson.

During public comment on this issue, Breena Taira from Olive View TRC stated she would like to make sure that the Board was aware of the concrete impact of the funding cuts that were being proposed with the recommended awards. Many of the existing TRCs will have their funding cut. She noted Olive View TRC received a funding increase from CalVCB in July when it was stated that the minimum budget annually should be $1.1 million. With those funds, they were able to scale up their program and add additional staff. Also, they have been able to greatly decrease the waiting list that they have for victim services that their TRC provides. With the current proposal and the current cut to their budget, they will now have to lay off those additional staff that they just brought on and the subsequent impact on the victims will be that the waitlists will again increase. She wanted to make sure that the Board was aware of the impact on the TRCs and then the downstream impact to the clients and the victims.

Ms. Taira explained that the Olive View TRC has been in existence for only two years, and this is about the fifth or sixth different budget that they have had to navigate. Every time there is a new budget, they have had to adapt their operations and it is very difficult, and the impact of that is that administratively their attention is then diverted to dealing with the budgets, adapting the staffing, and adapting the operations. She asserted that this really diverts attention away from the victims and being able to provide high quality care to the victims, which she believes is really what the TRCs are meant for. She expressed her hope that the Board considered that when voting on this item, but also urged the Board to think about ways in which CalVCB and the TRCs could work together over the coming months, and even the coming years, to make sure that this process is not so much of a roller coaster. She said what the TRCs really need to be able to function well is consistency in terms of the budget and consistency from CalVCB so that they can make sure they provide high quality services.

Chair Ravel thanked Ms. Taira for her comments. He also urged CalVCB staff to take the comments into account when administering the program. He acknowledged that CalVCB is dealing with limited resources, that there are a lot of applicants that meet the minimum qualifications, and that CalVCB has to figure out a way to distribute the funds evenly, but urged, to the extent possible, that some consistency in the process be achieved.

Following public comment, by a unanimous vote of the Board, the motion passed.

Item 7. PC 4900 Claim No. 14-ECO-01, Daniel Larsen

This presentation was given by Chief Counsel, Kim Gauthier. Ms. Gauthier gave a brief summary of the Penal Code section 4900 claim filed by Daniel Larsen.

On September 8, 2014, Daniel Larsen filed an application as an erroneously convicted felon with the California Victim Compensation Board. That application was based on his 1999, three strikes conviction for possessing a concealed dirk or dagger. That conviction was vacated and dismissed during federal habeas proceedings in June of 2010.

Ms. Gauthier noted that this matter includes a long procedural history, which was detailed in the proposed decision.

As mandated by court order pursuant to Penal Code section 1485.55, the proposed decision recommended compensation in the amount of $736,540, which represents $140 per day for each of the 5,261 days Mr. Larsen was wrongfully imprisoned.

Throughout the proceedings, Mr. Larsen was represented by Alexander Simpson of the California Innocence Project. The Attorney General’s Office was represented by Deputy Attorney General Dina Petrushenko.

Chairperson Ravel asked that counsel for Mr. Larsen address the Board first.

Alexander Simpson, the Associate Director for the California Innocence Project, appeared via Zoom, stated he has been Mr. Larsen’s attorney for the last 15 years, both in his quest to have his wrongful conviction overturned and for the purposes of compensation. He is very happy that they have arrived here today and said the resolution is extremely meaningful to Mr. Larsen. He went on to note that Mr. Larsen was very thankful to have the Board’s consideration at the meeting. He thanked Caitlin Weisberg from McLain, Bednarski, & Litt, Ben Siminou from Singleton Schreiber, Mike Semanchik Melissa O’Connell from the Northern California Innocence Project and Jasmin Harris from his office, part of the California Innocence Coalition, all of who were instrumental in making sure Mr. Larsen could appear before CalVCB.

Finally, Mr. Simpson thanked the Board for the consideration of the claim on behalf of his office.

Chairperson Ravel thanked Mr. Simpson for his comments. The Chair asked whether Mr. Larsen was in attendance. Mr. Simpson confirmed that he spoke with Mr. Larsen earlier in the day and Mr. Larsen stated he had some medical issues that prevented him from being at the meeting.

Chairperson Ravel, then requested to hear from Ms. Petrushenko from the Attorney General’s Office.

Ms. Petrushenko, who appeared via Zoom, stated she did not have any comments to add other than to acknowledge there was no objection to the Board hearing this claim or the recommended action to be taken by the Board. She submitted the matter to the Board.

Chairperson Ravel thanked Ms. Petrushenko for appearing before the Board.

Member Becton moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Daniel Larsen. The motion was seconded by Member Johnson. The motion was approved by a unanimous vote of the Board and the Proposed Decision was adopted.

Ms. Burrell noted that Item 8 on the agenda, the PC 4900 claim of Johnny Choinski, was continued at the request of the claimant. Accordingly, the Board moved on to Item 9.

Item 9. PC 4900 Claim No. 22-ECO-32, Darwin Crabtree

This presentation was given by Chief Counsel, Kim Gauthier. Ms. Gauthier gave a brief summary of the Penal Code section 4900 claim filed by Darwin Crabtree.

On October 18, 2022, Darwin Crabtree filed an application as a Penal Code section 4900 erroneously convicted felon. That application is based on his 1991 convictions related to child sexual abuse. Those convictions were vacated in January of 2018 by the Butte County Superior Court based on newly discovered evidence of actual innocence. As there was no objection filed by the Office of the Attorney General, compensation is automatic under Penal Code section 4900, subdivision (b).

Accordingly, the proposed decision recommends compensation in the amount of $440,020, which represents $140 per day for each of the 3,143 days Mr. Crabtree was wrongfully convicted.

Mr. Crabtree was represented in these proceedings by Paige Kaneb of the Northern California Innocence Project. The Attorney General’s Office was represented by Deputy Attorney General Jessica Leal.

Chairperson Ravel asked that counsel for Mr. Crabtree address the Board first.

Paige Kaneb of the Northern California Innocence Project who appeared in person relayed that Darwin Crabtree came to them with the evidence of innocence in his hands. Specifically, his children as adults had come to him and said they had known about his innocence and they explained in their own words and signed notarized written statements, describing how an unlicensed therapist had coerced them when they were young and impressionable children going through a traumatic time into falsely accusing their father. Ms. Kaneb explained how the Innocence Project interviewed them, and found them to be credible. She described them as wonderful men, just like their father. The children have always been adamant throughout their adult years that their father is innocent. Mr. Crabtree had kept everything, including the tapes of their childhood interviews, and the Innocence Project was able to listen to those and, more importantly, give them to an expert who analyzed them. The expert opined those interviews used every technique that we now know elicits false accusations.

Ms. Kaneb explained all of this happened after Mr. Crabtree had completed his sentence, and served his parole. At the time Mr. Crabtree came to the Innocence Project with all this evidence, the law required that you have standing to challenge your wrongful conviction by being in custody still. So, they had to ask Mr. Crabtree to do the impossible and keep waiting and keep registering under Penal Code section 290, which came with getting his picture plastered over work sites, losing jobs, and his reputation tainted. Mr. Crabtree endured that with incredible grace until finally the law changed. Thereafter, they were able to bring the evidence of his innocence to court and the state has been wonderful throughout this portion of the process. The state approached this case with a very open mind, they interviewed him and his sons, they told them they believed them, they apologized to him, and joined the Innocence Project in asking the court to vacate his wrongful conviction. The court did so and dismissed all the charges. When the Innocence Project asked for compensation, they did not object.

Finally, Ms. Kaneb stated, no amount of money will ever fix what Mr. Crabtree, his sons and his whole family, including his wife who has stood by him all this time, have endured. Nothing will ever fix that, but they do at least get compensation for his time erroneously convicted, and Ms. Kaneb urged the Board to adopt the proposed decision.

Chairperson Ravel thanked Ms. Kaneb for her comments. He then asked if Mr. Crabtree would like to address the Board.

Mr. Crabtree, who also appeared in person, thanked the Board for allowing him the opportunity to address them and to be able to apply for compensation. He noted it has been a long time coming – almost 32 years as of December. If the Board adopts and grant compensation, he explained he wanted to say the same thing to the Board that he said directly to the district attorney and the deputy attorney that investigated the case – not only was he an accused and wrongfully convicted felon that was exonerated, he was also part of the community in the state of California, and he is thankful for the decision and the integrity of the DA’s office in investigating and making the decision to overturn the case. They worked hard for compensation and he thanked the Board for doing the right thing.

Mr. Crabtree explained that in 2019 he lobbied in Sacramento with the Innocence Project where he met numerous representatives, but at that time he did not have standing for compensation, even though he had been exonerated. He stated it has been one battle after the other to get the laws up to date and to recognize the holes in the system.

Mr. Crabtree concluded by saying he was thankful, noting it has been a long time, and acknowledging his gratitude that this represents the end.

Chairperson Ravel thanked Mr. Crabtree for appearing before the Board. He then asked to hear from Jessica Leal from the Attorney General’s Office.

Ms. Leal, who appeared via Zoom, stated she reviewed had Mr. Crabtree’s case file, reviewed the merits, and investigated the case. She did not interview Mr. Crabtree or his children, but she did speak to the district attorney who handled the case at length and the Attorney General did not have any objections to the recommended compensation. She concluded by saying she is personally glad to see this day come for Mr. Crabtree.

Chairperson Ravel thanked Ms. Leal for appearing before the Board.

Member Johnson moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Darwin Crabtree. The motion was seconded by Member Becton. The motion was approved by a unanimous vote of the Board and the Proposed Decision was adopted.

Closed Session

The Board adjourned into Closed Session with the Chief Executive Officer and Chief Counsel at 10:47 a.m. pursuant to Government Code section 11126, subdivision (a) to discuss a personnel matter and pursuant to Government Code section 11126, subdivision (c)(3) to deliberate on proposed decision numbers 1 through 91 of the Victim Compensation Program.

Open Session

The Board reconvened in Open Session pursuant to Government Code section 11126, subdivision (c)(3) at 10:56 a.m.

Member Becton moved to approve items 1 through 91 of the Victim Compensation Program. Member Johnson seconded the motion. The motion was approved by a unanimous vote of the Board and the proposed decisions were adopted.

Adjournment

Member Becton moved the adjournment of the March Board meeting. Member Johnson seconded the motion. The motion was approved by a unanimous vote of the Board and the meeting was adjourned at 10:58 a.m.

Next Board Meeting

The next Board meeting is scheduled for Thursday, May 18, 2023.