Investigation finds dangerous restraint still used
By Emily Zentner | The California Newsroom and Lisa Pickoff-White | The California Reporting Project
Published February 28, 2024 12:30 PM
Shayne Sutherland’s brothers, brothers-in-law and best friend carry his casket at his funeral on Oct. 17, 2020 — the day before his 30th birthday.
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Courtesy Karen Sutherland
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Topline:
Since the 1990s, law enforcement officials and medical experts have cautioned about the dangers of police-prone restraint, especially when people are high on stimulants or experiencing a mental health crisis. Some California police officers haven’t been getting the message
Why it matters: A new review of law enforcement data shows that, despite growing awareness of the dangers of prone restraint, in California, the problem is pervasive.
How we know: After the passage of AB 71 in 2015, California began tracking data about when people died after police use of force. Between 2016 and 2022, at least 22 people have died in the state after being restrained stomach-down by law enforcement officers, according to a new analysis of currently available state use-of-force data by the California Reporting Project,The California Newsroom, and the Guardian.
Keep reading... for more the full investigation and details about cases in Southern California.
On a Thursday morning in October 2020, less than five months after George Floyd was held on his stomach by Minneapolis police until he died, Shayne Sutherland called 911 from a convenience store in Stockton, California, and asked for a taxi.
This story was published in partnership with the Guardian.
LAist is a member of the California Newsroom, which is a collaboration between major public media newsrooms in the state.
When the operator told Sutherland he’d dialed 911, he said someone was trying to rob him.
Stockton Police Officers Ronald Zalunardo and John Afanasiev arrived at the store about 15 minutes later. In the meantime, a store employee had called 911, saying Sutherland was threatening him with a wine bottle.
In body camera footage that captured the officers’ response, Sutherland seems fidgety, and his speech is difficult to understand at times, but he doesn’t appear violent, and he isn’t armed. He cooperates with police, addressing Zalunardo as “sir” and sitting against a wall outside the store as instructed.
The officers question Sutherland. When he tells them he can’t remember why he’s under court supervision, Afanasiev says, “The drugs probably have something to do with it.”
“How long you been using meth,” Zalnunardo asks. Sutherland stutters and says he's been using cocaine.
Sutherland briefly stands, then sits when ordered to do so. A minute later, he stands up again. This time, the officers tackle him to the ground and hold him belly-down — a position known as prone restraint. Thirty seconds later, his hands are cuffed behind his back.
That could have been the end of the encounter. Experts say prone restraint can be a safe, effective way to subdue someone and get them into handcuffs — so long as they’re quickly placed in a “recovery position” on their side or in a seated position to allow them to breathe more easily.
But Zalunardo and Afanasiev didn’t do that. The body camera footage shows them holding Sutherland belly-down for more than eight minutes. For nearly half that time, Afanasiev lays across Sutherland’s back. Sutherland panics, alternating between moaning and screaming for help as Zalunardo, who uses his baton and body weight to help keep Sutherland’s shoulder down, repeatedly tells him, “Relax!”
“Please let me breathe,” Sutherland begs, his voice barely decipherable. In between shrieks and gasps, he calls out, “Mom!” He begs for help. “Please let me live.”
Before the officers notice that he’s turning colors and losing consciousness, Sutherland, his mouth bloody from being slammed and scraped against the ground, sputters: “I’m f—ing dead.”
Another five-and-half minutes pass before officers roll Sutherland onto his side and begin to render aid.
Sutherland was declared dead 47 minutes later at a hospital.
'Deeply concerning’ findings
As far back as the 1990s, medical experts and law enforcement officials have been aware of the dangers of prone restraint. A number of organizations and law enforcement agencies, including the U.S. Department of Justice, the Chicago Police Department and the New Orleans Police Department, warned officers of these dangers and advised them on how to minimize risks.
We really shouldn't have any of these deaths. Any time there's prolonged prone restraint, something's going wrong. It should not happen.
— Seth W. Stoughton, former police officer
Many training manuals have since been updated to address the risks of prone restraint and the importance of using the recovery position. Ohio State Police officers are forbidden from using prone restraint. A Nevada law forbids the practice. In California, a law that became effective in 2022, AB 490, bans any maneuvers that put people at risk of being unable to breathe due to the position of their body, or positional asphyxia, a common cause of death in prone restraint cases.
But a new review of law enforcement data shows that, despite growing awareness of the dangers of prone restraint, in California, the problem is pervasive. After the passage of AB 71 in 2015, California began tracking data about when people died after police use of force. Between 2016 and 2022, at least 22 people have died in the state after being restrained stomach-down by law enforcement officers, according to a new analysis of currently available state use-of-force data by the California Reporting Project,The California Newsroom, and the Guardian. Our examination also included police reports, death investigations, district attorney reviews, body-worn camera footage, 911 calls and lawsuits.
Other key findings:
Nineteen of the 22 people who died following prone restraint tested positive for meth.
Five died after May 2020, when Minneapolis police killed George Floyd.
Two of those people died after AB 490 went into effect.
All 22 cases involved people in crisis — either struggling with addiction, mental illness or otherwise behaving erratically.
Almost half of those who died were Latino, followed by white people — a trend that reflects larger use-of-force data in California.
Two of those who died were armed, but not with guns.
“We really shouldn't have any of these deaths,” said Seth W. Stoughton, a former police officer in Tallahassee, Florida, who teaches criminal law and procedure at the University of South Carolina’s Joseph F. Rice School of Law. “Any time there's prolonged prone restraint, something's going wrong. It should not happen.”
“My general disgust [is] that we're still having to talk about this,” he said. ”It's a little depressing that we're coming up on 30 years of making the same mistake over and over again. That's really frustrating.”
“It's deeply concerning to learn about the deaths of individuals in California due to positional asphyxia, even after it was banned by AB 490,” wrote California Assemblymember Mike Gipson, who was the primary author of the bill, in an emailed response to the findings. “These incidents underscore the urgent need for comprehensive training and accountability measures within law enforcement agencies.”
Others who have died following prone restraint by California police officers between 2016 and 2022 include:
● Isabel De La Torre, died on March 26, 2022, after her partner, who was five months pregnant, called 911 in Clovis, California, because she believed De La Torre was unconscious, according to official records and court documents. When De La Torre awoke, her partner hung up the phone, but Clovis police officers responded anyway. De La Torre tried to turn the officers away, hiding in a bathroom, writhing and screaming, allegedly holding a knife. When she came out of the room, officers ordered a police dog to bite her, bringing her to the ground, where officers handcuffed her and held her in the prone position for more than three minutes. She died of positional and compressional asphyxia due to prone restraint, according to the Fresno County Sheriff-Coroner. Her family sued the department for wrongful death and is set to receive a $1.9 million settlement.
● Mario Gonzalez, who died on April 19, 2021, in Alameda, California. When police responded to a call about a man sitting in a park and talking to himself, officials said they found Gonzalez so intoxicated he couldn’t speak in full sentences. He refused to take his hands out of his pockets, according to official reports, leading two officers to hold him down on his stomach while another held his legs. Body camera footage of the incident shows officers repeatedly telling each other not to put too much force on him, but they continued to hold him prone after he was handcuffed. He died of the “toxic effects of methamphetamine” after suffering a cardiopulmonary arrest, according to the Alameda County Coroner's Bureau. His family sued the city of Alameda, the officers involved in Gonzalez’s death and the police chief at the time and won a settlement of $11 million. In 2023, the Alameda County district attorney reopened her office’s investigation into whether the officers acted criminally.
● Edward Bronstein, who died on March 31, 2020, in Altadena, near Los Angeles. California Highway Patrol officers had detained Bronstein in an L.A. County station on suspicion of driving under the influence. When Bronstein declined to give a blood sample, officers forced him face down onto a mat, at which point he said, “I’ll do it willingly,” a video of the incident shows. An officer can be heard saying, “It’s too late.” Five officers continued to pin Bronstein to the ground. As they drew blood, Bronstein screamed, “I can’t breathe” and "Let me breathe" multiple times before his breathing and pulse stopped. Officers performed CPR to no avail. In 2023, the Los Angeles County district attorney charged a CHP sergeant, six officers and a nurse with involuntary manslaughter and assault under the color of authority. His family was awarded a $24 million settlement in a civil wrongful death suit.
And there may be more deaths beyond the 22 we found. While the state receives data from law enforcement agencies for deaths that occur after police use of force, it isn't necessarily complete. That’s because agencies don't always submit data to the state as they're required to do, or data is otherwise excluded from the state’s use-of-force database. For example, Angelo Quinto died in 2020 after Antioch police officers held him prone, but his case is not in the database. Gipson, the assemblymember, said Quinto's death was the impetus for the new legislation.
Karen Sutherland sits by her son Shayne's gravesite at the Park View Cemetery in Manteca, Calif., on Feb. 24, 2024.
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The science of prone restraint
When a person is lying prone on a hard surface, their chest cavity is compressed and breathing becomes difficult, especially when their hands are cuffed behind their backs. Add the body weight of one or more police officers, and compression increases, restricting the movement of the ribcage and diaphragm, which are vital for the inhalation of oxygen and exhalation of carbon dioxide. The lack of proper ventilation puts stress on many parts of the body, including the heart, as noted in a 2002 study by Disability Rights California.
The warnings go even further back. In a 1995 bulletin, the U.S. Department of Justice cautioned law enforcement officers about the deadliness of positional asphyxia. “As soon as the suspect is handcuffed, get him off his stomach,” it reads.
The bulletin outlines how subjects on drugs are at higher risk of death in the position, noting that “cocaine-induced bizarre or frenzied behavior… may increase a subject’s susceptibility to sudden death by effecting an increase of the heart rate to a critical level.” It also said that “drugs and/or alcohol” pose a “major risk factor” because “subjects may not realize they are suffocating.”
The bulletin explains that suspects restrained in a prone position often appear to be resisting officers when, in fact, they’re fighting, perhaps involuntarily, to get oxygen and carbon dioxide in and out of their bodies as their chest is squeezed. As the memo reads: “The individual experiences increased difficulty breathing. The natural reaction to oxygen deficiency occurs — the person struggles more violently. The officer applies more compression to subdue the individual.”
“It's horrible because you're just watching a preventable death, and you know the person's suffering,” said Dr. Alon Steinberg, a California cardiologist who studies prone restraint and has viewed hours of footage of people being held stomach-down by police.
Steinberg, who serves as an expert witness, believes that cardiac arrests following prone restraint might be caused by more than just a lack of oxygen in the heart muscle. When someone can adequately breathe, the expulsion of carbon dioxide regulates the level of acid in the blood. But when breathing and blood flow are restricted, acid can build and cause cardiac arrest, as Steinberg and forensic pathologists Dr. Victor Weedn and Dr. Peter Speth proposed in a 2022 study.
Dr. Daniel Wohlgelernter, a cardiologist who has also testified in a number of prone-restraint cases, agrees. He pointed out that putting someone in prone restraint when they are in a hyperactive state — as people often are when on stimulants or in crisis — can exacerbate acidosis and cause a “double whammy.”
“We have carbon dioxide accumulation, development of lethal or potentially lethal metabolic acidosis at the same time that we have deprivation of oxygen,” he said.
Despite widespread agreement about the dangers of positional asphyxia caused by prone restraint, some studies have argued that the restriction of airflow caused by prone restraint is not, in most cases, enough to kill.
Medical and legal experts have pointed out flaws in the studies, which have been done on healthy, sober individuals in police-free environments and don’t duplicate a real-life prone-restraint scenario.
“Studies like that, if they actually had the potential to kill anyone, would never be approved by an institutional review board,” said Joanna Naples-Mitchell, an attorney with Physicians for Human Rights. “So it's not something that's actually possible to model in the real world in a safe way.”
Karen Sutherland holds a photo collage of her son Shayne at Park View Cemetery, where he is buried.
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Sorting out causes of death
Of the 22 deaths we found where people died after being held stomach-down, coroners and medical examiners attributed acute methamphetamine toxicity to 10 deaths. Coroners are usually elected, and few places require them to have a medical background.
Wohlgelernter and Steinberg are skeptical of those determinations. Both were adamant that in the prone restraint cases they’ve reviewed, methamphetamine, on its own, was not to blame for deaths.
“In no cases did I see that the individuals were destined to die on that day, if not for the interaction with law enforcement and the prone restraint compressive asphyxia,” Wohlgelernter said.
Steinberg pointed out that while people can overdose on meth, those who wind up dead after being restrained face down were “alive and fine” before they had a run-in with police.
“They're alive beforehand. They're alive for a few minutes in the prone position, and then after a prolonged episode of restraint, people die,” he said.
Dr. Odey Ukpo, chief medical examiner-coroner for Los Angeles County, where seven deaths following prone restraint were attributed to meth use or toxicity, said it’s more complicated.
“What some people don’t realize is that a cause-of-death [determination] is a medical opinion,” he said. “It’s based on deductive reasoning.”
I think they fundamentally don't respect people they view as addicts or tweakers or whatever the pejorative might be, and treat them accordingly without respect for their lives.
— Justin M. Feldman, Center for Policing Equity, speaking about police officers
For instance, Ukpo said he looks for signs of petechiae, a dot-like pattern of blood in the eyes or on the gums, before ruling whether someone died of asphyxia.
To Seth Stoughton, the University of South Carolina law professor and former police officer, who wrote an amicus brief about the dangers of positional asphyxia that was submitted to the U.S. Supreme Court in 2022, causes of death are beside the point. Prone restraint, he argues, is so easy to perform safely that it should never lead to deaths in the first place, no matter who’s being restrained.
“Whether they're dying of oxygen deprivation or metabolic acidosis is irrelevant,” he said. “People are still dying! And if you flip them over to their side, they don’t!”
Stoughton served as an expert witness in the case against Minneapolis police officer Derek Chauvin for the murder of George Floyd. He says that if officers take the proper precautions to manage the scene and protect themselves, someone in handcuffs on their side is not a great danger.
“We're talking about literally the difference between taking someone from their stomach and rolling them 90 degrees onto their side,” he said. “If there is any increase in risk at all [to officers], it is so marginal that it is vastly outweighed by the potential of saving that person's life.”
In addition to training officers to use the recovery position as a matter of routine, experts say officers can keep an eye out for warning signs when restraining people prone.
Wohlgelernter says officers should watch for changes in alertness, speech or physical movements.
Steinberg argues that the use of prone restraint should be limited.
Justin M. Feldman, principal research scientist at the Center for Policing Equity, said that some incidents escalate because of officers’ bias against people who abuse drugs.
“I think they fundamentally don't respect people they view as addicts or tweakers or whatever the pejorative might be, and treat them accordingly without respect for their lives,” Feldman said.
For Peter Moskos, a criminologist with John Jay College of Criminal Justice and former Baltimore police officer, there should be a greater focus on preventing the events that lead people into the hands of police by getting them the help they need, such as jobs, housing, drug treatment and mental health care.
“At some point, it would have been nice if someone could have pulled a switch track and diverted that person, whether it's community, family, other government agencies, anything,” he said. “But once you get to that point [of a police encounter], it's kind of too late to offer an ideal solution.”
Shayne Sutherland's tombstone.
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$41 million in civil suits
The San Joaquin County medical examiner’s office determined that Shayne Sutherland’s cause of death was cardiac arrest due to “acute methamphetamine toxicity” with a contributing factor of “physical restraint by law enforcement.” In other words, meth, not police, was primarily responsible for Sutherland’s death.
Sutherland’s family wasn’t satisfied with the medical examiner’s findings or with the Stockton Police Department’s response to his death. In October 2021, they filed a federal civil rights lawsuit against the city of Stockton, Officers Zalunardo and Afanasiev and former Stockton Police Chief Eric Jones. The suit alleges wrongful death, excessive force and interfering with Sutherland’s constitutional rights by force.
“They did not have that right to judge him that morning,” his mother, Karen Sutherland, said. “They did not have that right to do what they did.”
Families of people in California who have died following prone restraint have won at least $41 million in civil suits across the state, according to court documents and press reports.
In the year leading up to her son’s death, Karen managed to get Shayne into rehab for a stint, but finding mental health care and ongoing treatment was a struggle. When people like Shayne reach out for help, she said, “They're turned away, or they're told they have to wait.”
“[But] when you have a mental health problem, you can't wait,” she said.
Last December, Karen pulled into Park View Cemetery in Manteca — about 20 minutes south of Stockton — and walked to her son’s grave. Sitting on a blanket, she talked about Shayne’s life: his “teddy bear” lovability; the fishing and camping trips with his two kids, Shayne Jr., 8, and Demi, 7; coaching the Manteca Chargers youth football team.
She talked about the hard times, too: the cocaine and meth addiction; the split with the mother of his children; the “little, petty, stupid, whatever crimes” that, she said, “are in no way in any comparison of any type of magnitude of the crime that those two police officers committed that day when they killed my son.”
“I've always been able to handle things,” she said. “I'm a very strong person, but not when this happened. This broke me — completely shattered me.”
After Shayne’s death, Stockton PD determined that Zalunardo and Afanasiev acted within policy. The only issue the investigation raised was that Zalunardo left his baton “unsecured on the ground near the suspect” when administering aid.
The Stockton Police Department did not respond to our requests for comments and interviews with the officers.
Karen has watched the footage of Shayne's final encounter with police. But she says she’ll never turn on the sound, because others have told her what she’d have to hear.
“He knew he was dying,” she said. “He was being tortured. And knowing that tortures me every second, man. Every second.”
Karen chose this particular grave site because of the morning sun that hits it each day. She’s come to believe that God reached down to stop Shayne’s suffering — not just at the hands of police, but in life.
In the winter sunshine, the top of Shayne’s headstone reads: “God reached down and rescued me.”
How we reported this story
Since the 1990s, experts have warned that restraining someone prone, or on their stomach, can kill them. When someone is agitated, on stimulants or acting erratically, they are also more likely to die if officers use prone restraint, according to medical experts. Former police officers and criminologists say that putting someone on their side or seated after they’re handcuffed saves lives. In 2020, Antioch police officers held Angelo Quinto down on his stomach after responding to a call from his family. His death inspired California legislation, which went into effect in 2022, that prohibits officers from using techniques such as prone restraint that “involve a substantial risk of positional asphyxia.”
The California Newsroom and The California Reporting Project wanted to better understand how many people were dying after officers used prone restraint in the Golden State.
Since the passage of state law AB 71, California law enforcement agencies submit anonymized data to the state Department of Justice’s Use of Force Incident Reporting database when officers seriously injure or kill people. That data contains information listing the types of force officers used and whether someone died. Currently, the data includes incidents that occurred from 2016 to 2022. Although people can die from prone restraint after being otherwise injured, we wanted to focus on cases where the cause of death was more clear. We filtered the data to incidents where someone died and officers used a control hold but did not use a gun, Taser or carotid restraint. Outside of carotid holds, the data does not distinguish between specific types of restraint. To better identify the decedents, reporters then combined the use-of-force data with data from California’s Death In-Custody database. To ascertain whether officers specifically used prone restraint on those decedents, we used public record requests to obtain records and body camera footage from law enforcement agencies, district attorneys, medical examiner/coroners and oversight agencies about the incidents. We also obtained lawsuits in cases where loved ones sued local authorities. Two people reviewed those records, and an editor checked that work. We were unable to obtain enough records on four people’s deaths and excluded them from our analysis. Through our reporting, we determined five were incorrectly marked as not having been tased and removed them from our analysis. We also found that two people did not clearly die after a prone restraint and cut them from our analysis.However, we know that this data was incomplete because it did not include Angelo Quinto. We had records showing that officers used prone restraint, so we included him in our analysis despite his not appearing in the state’s use-of-force data.
Feldman said the “number one predictor” of misreported deaths was when officers didn’t shoot someone, such as when they used prone restraint or a Taser.
Two police departments would not release police reports to the California Reporting Project because the death investigations found the men died of other causes, such as methamphetamine toxicity.
Credits
Additional reporting by Bella Arnold, Hanisha Harjani, Simmerdeep Kaur, Grace Marion, Adam Solorzano and Krissy Waite of Berkeley Journalism’s Investigative Reporting Program; Leila Barghouty, Jacqueline Munis and Camryn Pak of Stanford University's Big Local News; and Brian Krans of The California Newsroom.
The California Newsroom is a collaboration of public media outlets throughout the state, with NPR as its national partner. The California Reporting Project collected police records.
People in the float for Pigeon's Roller Skate Shop roll past during the 41st annual Long Beach Pride Parade along Ocean Boulevard.
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Dania Maxwell/Los Angeles Times via Getty Imag
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Los Angeles Times
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Topline:
The Long Beach Pride Parade is Sunday. Several road closures are scheduled and parking will be impacted along and near the parade route.
When is the parade? 10 a.m. Sunday, May 17.
Parking impacts and street closures: Those start at 4 a.m. Sunday.
Read on for all the details…
This weekend's Long Beach Pride Festival was canceled by the city on Friday — hours before kickoff. The city said festival organizers failed to provide the required safety documentation.
The Pride Parade, managed and funded by the city, will continue as scheduled on Sunday at 10 a.m.
The parade will start at Ocean Boulevard and Lindero Avenue and travel along the Ocean Boulevard coastline to Alamitos Avenue in Downtown Long Beach.
Roads will close and parking will be restricted starting hours before the parade. Streets are expected to reopen by 2 p.m.
No parking on these streets
Between 4 a.m. and 2 p.m. on Sunday parking won’t be allowed on:
Ocean Boulevard from Redondo to Atlantic Avenues
The immediate side streets on the north and south sides of Ocean Boulevard from Redondo to Atlantic Avenues
And these streets will be closed
The following streets will be closed to traffic during their designated times:
6 a.m. and 2 p.m. — Ocean Boulevard between Redondo and Lindero, including side streets on the north and south side of Ocean Boulevard
7 a.m. and 2 p.m. — Shoreline Drive between Ocean Boulevard and Shoreline Village Drive
8 a.m. and 2 p.m. — Ocean Boulevard between Lindero and Atlantic, including all side streets on the north and south side of Ocean Boulevard
8 a.m. and 2 p.m. — Alamitos Avenue between Ocean Boulevard and Broadway
Where you can park
Long Beach Pride says that parking will be available at the Long Beach Convention Center at 400 E. Seaside Way. Accessible parking and viewing will be available at Junipero and First Street, near Bixby Park.
Ride the Metro
Take the LA Metro A Line and exit 1st Street Station in Downtown Long Beach. After you exit, it's roughly a 10-minute walk down Ocean Boulevard to the parade festivities at Marina Green Park.
Harvey Weinstein's latest sex crimes trial ended with a hung jury Friday, on the third day of deliberations. It was the second time in a year a jury was unable to reach a verdict on the same charge.
Background: The mistrial concludes a month-long trial that was quieter than Weinstein's previous court appearances, with a diminished media presence and less public attention. Earlier this year, Weinstein hired a new legal team, including high-profile criminal defense attorneys such as Marc Agnifilo, known for representing Luigi Mangione and Sean "Diddy" Combs.
Read on ... for more the Weinstein trials.
Editor's note: This story includes descriptions of allegations of sexual assault and rape.
Harvey Weinstein's latest sex crimes trial ended with a hung jury Friday, on the third day of deliberations.
It was the second time in a year a jury was unable to reach a verdict on the same charge.
Accusations against the former Hollywood mogul came to define the #MeToo movement, and he was first convicted of assaulting Jessica Mann in 2020. The former aspiring actress testified Weinstein raped her at a DoubleTree hotel in Manhattan in 2013. But that verdict, along with another charge, was later overturned.
In a second New York trial last summer, Weinstein was found guilty on one count of a criminal sexual act in the first degree and not guilty on another. But a third charge, of raping Mann, ended in a mistrial after the jury foreperson declined to return to deliberations, citing concerns for his safety.
Weinstein had returned to court for a third New York trial in April, this one focusing on Mann's allegations. But on Friday morning, Judge Curtis Farber received a note from jurors stating they were unable to reach a unanimous decision. Farber then read jurors a modified deadlock charge, known as an Allen charge, urging them to resume deliberations.
Jurors soon responded with another note restating their position. "We feel that no one is going to change where they stand," it said. Nine jurors fell on the side of not guilty; three supported a guilty verdict, Weinstein's lawyers told press outside of the courtroom.
The prosecution has until late June to decide whether they'll try the case again.
Outside of court, 55-year-old juror Rick Treese said that the group diverged on "where we actually had facts." He told reporters, "We didn't have enough facts to grasp onto, so it was emotion." People in the group "had varying emotions about it based on [their] experience in life."
"Everybody respected each other. Everybody respected their backgrounds. It was very civil. I feel certain that we dug into it enough."
Another juror, Josh Hadar, said his vote was for "not guilty," in part because he felt there might be parts of Mann's testimony that were "fabricated."
"I think the prevailing thought was that the witness had a lot of inconsistencies in her story," he said.
The mistrial concludes a month-long trial that was quieter than Weinstein's previous court appearances, with a diminished media presence and less public attention. Earlier this year, Weinstein hired a new legal team, including high-profile criminal defense attorneys such as Marc Agnifilo, known for representing Luigi Mangione and Sean "Diddy" Combs.
Defense attorneys argued that Mann and the then-married Weinstein had a consensual, on-again, off-again relationship over many years. But Mann testified that on that 2013 morning at the DoubleTree hotel, Weinstein "command[ed]" her to undress and penetrated her despite Mann repeatedly saying "no." Weinstein has denied all allegations of sexual assault.
Agnifilo said outside court on Friday, "It's our job not just to win this case. There is an entire legal knot that needs to be untangled. And we're going to start untangling that knot strand by strand with the New York case and then the California case. So this really is just a first step." He said that this latest mistrial might not be "the win [Weinstein] wanted, but it's a win."
"For nearly a decade, Jessica Mann has fought for justice. Over the course of many weeks during three separate trials, she relived unthinkably painful experiences in front of complete strangers," the statement said. "Her perseverance and bravery are inspiring to the members of my office, and more importantly, to survivors everywhere."
Weinstein's lawyers have said that he is in poor health. He used a wheelchair in court and did not testify on the stand in this trial, nor during any of his previous criminal cases. At one point during jury deliberations, Judge Farber announced Weinstein could not appear in court due to complaints of "chest pains."
Weinstein has given a limited number of interviews from prison, including with far-right podcaster Candace Owens and the Daily Mail. Most recently, he spoke with The Hollywood Reporter from Rikers Island.
When asked whether he had apologized to any of the women who brought charges against him, Weinstein told The Hollywood Reporter, "I apologized to them generally. You can't call them when you're in a trial with them. But I'll say it here today: I apologize to those women. I'm sorry. I shouldn't have been with them in the first place. I misled them."
Citing his health issues, including bone marrow cancer, Weinstein said, "I'm dying here. And the DA's idea is probably to have me dying in prison. But I am dying."
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Makenna Cramer
covers the daily drumbeat of Southern California — events, processes and nuances making it a unique place to call home.
Published May 16, 2026 5:00 AM
Contestants compete at the Red Bull Soapbox Race in Des Moines, Iowa.
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Grant Moxley
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Courtesy Red Bull
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Topline:
More than 30 teams will take their handmade cars through a custom downhill course of twisty turns and obstacles Saturday as the Red Bull Soapbox Race returns to Los Angeles for the first time in nearly a decade.
Why it matters: One of the homegrown teams trying their luck this year is made up of a group of renters and friends in Santa Monica and Victorville who built their “Runaway Hot Dog Stand” soapbox on an apartment patio.
Why now: Saturday's race includes competitors from across Southern California and beyond.
The backstory: Another entrant on Saturday isthe Los Ingenieros, a group of mechanical engineering students from Cerritos College in Norwalk, who have taken inspiration from the team’s Hispanic heritage and Los Angeles culture.
Read on ... to meet some of the teams.
More than 30 teams will take their handmade cars through a custom downhill course of twisty turns and obstacles Saturday as the Red Bull Soapbox Race returns to Los Angeles for the first time in nearly a decade.
Teams from across the country were selected from hundreds of applicants to compete on creativity, design, showmanship, course navigation and time.
There are no engines allowed in this race — all soapboxes must be gravity-powered.
Fully-functioning brakes and steering are required, but almost every other aspect of the engineering and design is left up to the competitors’ imaginations. According to Red Bull, the soapbox should be an extension of its team, the wilder and more outrageous the better.
From real racers to a car made out of bicycle parts
Contestants take on the course at the Red Bull Soapbox Race in Salt Lake City, Utah, in 2025.
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Courtesy Red Bull
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The race includes competitors from across Southern California and beyond.
UCLA Bruin Racing, made up of the school’s Formula SAE Squad (which also design and race specialized cars), entered with its “Mk. 9 racer” soapbox that was originally an out of commission EV car.
Metro LA repurposed parts from some of the unclaimed bikes left behind on the transit system for its “carrot-colored” bus design (and yes, that is the agency’s nod to Tyler, the Creator’s song "Rah Tah Tah." IYKYK).
One of the homegrown teams trying their luck this year is made up of a group of renters and friends in Santa Monica and Victorville who built their “Runaway Hotdog Stand” soapbox on an apartment patio.
“The fact that we're able to do this shows that I mean anybody could do this, and honestly could do anything else,” Carlos Monson, captain of the Speedy Wiener team, told LAist.
The Speedy Wiener team drew their design inspiration from L.A.’s iconic hot dog carts, typically a small grill that serves bacon and veggie toppings outside concerts, sporting events and tourist attractions.
The Speedy Wiener team modeled their soapbox after L.A.'s iconic hotdog carts.
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Courtesy Carlos Monson
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“For us, luckily, a majority of them are Latino and we're like, you know what, this is actually a perfect opportunity because the whole team is Latino,” said Monson, who will also be driving the soapbox.
The group of friends, between 18 and 21 years of age, built most of their cherry-red car on Monson’s apartment patio under Victorville’s glaring sun.
The Speedy Wiener repurposed the base of an old, rickety go-kart frame for their "Runaway Hotdog Stand" soapbox.
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Courtesy Carlos Monson
)
They repurposed the base using an old, rickety go-kart frame that Monson said took about an hour just to carry up the stairs and get through the front door.
They worked on the soapbox in between classes and shifts at work. The final touches include stamping their Speedy Wiener logo and adding a mock-menu to the frame. There’s also ketchup and mustard bottles with yellow and red streamers hanging from the nozzles and a rainbow umbrella over the wheel.
The team, made up of renters between 18 and 21 years old, built most of the soapbox on their captain's apartment patio in Victorville.
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Courtesy Carlos Monson
)
For the car’s structure, Monson turned to a collection of cardboard boxes he had lying around after a recent move and attached the various pieces with zip ties.
“We'll be able to hopefully last when they make it down the race track,” he said.
Engineering students’ big break
Another entrant on Saturday isthe Los Ingenieros, a group of mechanical engineering students from Cerritos College in Norwalk, who has taken inspiration from the team’s Hispanic heritage and Los Angeles culture.
Their car is lucha libre-themed with rails modeled after a wrestling ring and the driver donning a muscle suit and mask.
The red, white and green colors represent the Mexican flag and features Chicano-style pinstriping from L.A.’s lowriders, as well as some Aztec patterns.
The Los Ingenieros team is made up of a group of mechanical engineering students from Cerritos College.
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Courtesy Ruben Orozco
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“It's definitely going to be a powerful testimony to our culture,” said Ruben Orozco, a Los Ingenieros member from La Mirada.
The team never expected to be picked for the race, and Orozco said the invitation has been “mind-blowing” and “surreal.”
Arelie Marquez, another member from Long Beach, told LAist she sketched the design for the modified go-kart frame before the team chopped the wheels, boosted the back axle and added suspension. While some of the students drew up blueprints on engineering computer software, Marquez used her welding experience to help mount the brackets — all in Orozco’s backyard.
As a community college student, Orozco said he’s felt like he’s missed out on opportunities to showcase their knowledge and innovations compared to students in the Cal State or UC system, but the Red Bull Soapbox Race has helped shed that notion.
“Not only has it been reassuring to myself, but also we've used it as a platform to kind of show others in STEM, in community colleges, that you could do crazy things as a student,” he said.
And yes, the team is already highlighting the unique engineering experience on their resumes, according to Gabriel Ramirez, a Compton resident and another member along with his twin brother, Hector.
Their next challenge? Cramming for finals next week.
How to watch this weekend
The Red Bull Soapbox Race in downtown L.A. is free and open to the public:
Where: 200 N Grand Avenue, Los Angeles (event map here)
Red Bull recommends taking rideshare or public transit to the event. Metro’s Civic Center/Grand Park stop is less than a minute walk away.
Robert Garrova
explores the weird and secret bits of SoCal that would excite even the most jaded Angelenos. He also covers mental health.
Published May 16, 2026 5:00 AM
The Surfrider Foundation's 2025 paddle out at Refugio State beach marked the 10 year anniversary of the Plains All American oil spill.
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Courtesy Surfrider Foundation
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Topline:
The Surfrider Foundation is hosting a protest in the Pacific Ocean on Sunday to oppose what it sees as mounting threats to our California coastline.
The backstory: In 2015, a pipeline operated by Plains All American spilled more than 100,000 gallons of crude oil near Refugio State Beach in Santa Barbara County. Hundreds of marine mammals were killed or injured and beaches across the region were contaminated. In March, the Trump administration invoked the Defense Production Act to bring that same pipeline, now run by Sable Offshore, back online.
The pushback: The restart, along with the Trump administration’s push to open the California coast up to new oil and gas drilling for the first time in decades, has the Surfrider Foundation and other environmental protection groups sounding the alarm.
The paddle out: On Sunday morning, the Surfrider Foundation will host a spiritual ritual in surf culture: a paddle-out into the ocean at Refugio State Beach. Read on for details.
The Surfrider Foundation is hosting a protest in the Pacific Ocean on Sunday to oppose what it sees as mounting threats to our California coastline.
In 2015, a pipeline operated by Plains All American spilled more than 100,000 gallons of crude oil near Refugio State Beach in Santa Barbara County. Hundreds of marine mammals were killed or injured and beaches across the region were contaminated.
Bill Hickman, a senior regional manager with the Surfrider Foundation, remembers it well.
“I live in Ventura. We had a bottlenose dolphin wash up here that was covered in oil,” Hickman told LAist. “That was really sad to see. And there was oil on the beach all the way down to L.A.”
In March, the Trump administration invoked the Defense Production Act to bring that same pipeline, now run by Texas-based Sable Offshore, back online. The company says that the system will produce tens of thousands of barrels of oil a day, as well as “provide a secure, consistent source of domestic crude oil, replacing approximately 1 million barrels per month of imports.”
Refugio Paddle Out
Refugio paddle out
Refugio State Beach 10 Refugio Beach Rd., Goleta Sunday, May 17. Event starts at 8:30am
But Hickman and other environmental advocates say restarting the pipeline raises serious concerns. California sued the Trump administration in March to keep it shut.
“Right now it seems like if you’re not outraged you’re not paying attention,” Hickman said. “And luckily a lot of people are really fired up about all of the threats to the environment and particularly the Santa Barbara channel.”
Oil spills like the one in 2015 could also deeply affect tourism, the fishing industry and lead to billions in cleanup costs, according to Gov, Gavin Newsom’s office. In a January 2026 statement opposing the Trump administration’s new offshore drilling plans, the governor’s office said the state's coastal economy “supports hundreds of thousands of jobs and generates over $44 billion annually.”
On Sunday morning, Hickman will be part of a spiritual ritual in surf culture: a paddle-out into the ocean at Refugio State Beach.
He said anyone with a human-powered craft is welcome to join the circle to oppose drilling on our coasts.
“People are standing up. There’s a lot of opposition,” Hickman said. “Californians really treasure our coast, our beaches, our waves and really want to protect them.”