Meet Ka Lani â€“ Santa Rosaâ€™s Guitar Hero

â€œJust because you live on the street doesnâ€™t mean you donâ€™t have value.â€ â€“ Ka Lani

If you walk into the Coddingtown Starbucks, donâ€™t be surprised to see a man with headphones quietly strumming an electric guitar and jotting down chords in a notebook. Meet Ka Lani, a homeless musician and Santa Rosa Junior College student. With 35 yearsâ€™ experience playing the guitar, he earns money as a street musician while studying to become a substance abuse counselor.

He wasnâ€™t always homeless. In the 1980s he played guitar for The Crypts, a Marin punk rock band who opened for Black Flag and the Circle Jerks and then moved to L.A. where he spent nine years playing guitar for Johnny Thunders and The Heartbreakers. Sadly, he discovered heroin and lost his way. Putting his guitar aside, he got caught up in a world of drug abuse and arrests. At one point, he faced 137 years in prison, but was ultimately sentenced to 21 years in San Quentin. He served half his time and rejoined the world two and half years ago.

Re-entering society after 12 years made him feel like a â€œFlintstone in the Jetsonâ€™s worldâ€. Returning to Sonoma County to be near his four-year-old daughter, he walks her to school every day and uses his money to buy her clothing. His ex-wife expected him to go back to prison, not back to school.

Ka Lani believes music should be incorporated into rehabilitation centers to help others reconnect with themselves. He also points out that Sonoma County is filled with other homeless musicians. He has a vision to bring these people together to form a group called the Street Core Troubadours. A man once told him he had a gift for music and a responsibility to turn it into an example of hope for those who have known. He is doing just that and so much more.

Ka Lani and his guitar can be found most days outside the Coddingtown Post Office between 10 a.m. and 2 p.m. and during Open Mic nights at the Coddingtown Starbucks on Wednesday evenings.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

DOUGLAS KALANE RAPOSA,

Defendant and Appellant.

Douglas Kalane Raposa appeals the revocation of his probation and execution of a suspended 16-year prison sentence. Raposas claims challenging the validity of his admission of a probation violation must be dismissed because he failed to obtain a certificate of probable cause. We reject Raposas further challenges to the courts decision to revoke probation and execute the suspended sentence. The judgment is affirmed.

Background

Sonoma County Conviction and Sentence

On about October 24, 2000, Mrs. Burrows allowed her handyman Douglas Kalane Raposa to spend the night on her kitchen floor. About five days later, she discovered that her sons guitars, guitar cases and pre-amp were missing from the house. Over the next two days, Raposa sold or attempted to sell the items to a music store in Petaluma.

Raposa was charged in Sonoma County with two counts of receiving stolen property (Pen. Code, S 496, subd. (a)[1]; counts I & II), and one count of residential burglary (S 459; count III). It was alleged as to all counts that Raposa had two prior strike convictions for first degree burglary (S 1170.12) and that he had served a prior prison term for one of those convictions (S 667.5, subd. (b)). As to count III, it was alleged that the prior convictions were serious felony convictions within the meaning of section 667, subdivision (a)(1).

Pursuant to a negotiated plea agreement, Raposa pled guilty to count III and admitted the section 667, subdivision (a) and section 667.5, subdivision (b) allegations. The remaining counts were dismissed. The trial court imposed the upper term of six years for the burglary conviction and imposed two five-year enhancements under section 667, subdivision (a), for a total term of 16 years. The court found unusual circumstances warranting a grant of probation because Raposa had never had the opportunity to complete a residential treatment program. (See S 462.) The court suspended execution of the prison sentence and placed Raposa on five years probation on the condition he complete the residential drug treatment program at Delancey Street. Raposa did not appeal his conviction or sentence.

Modification of Sonoma County Probation

Delancey Street quickly determined that Raposa was not suitable for treatment in its program because he suffered from major depression. Raposa underwent a psychological evaluation and was diagnosed with severe drug and alcohol addiction and probable bipolar affective disorder. He had not been treated for bipolar disorder since his teenage years (he was then 36 years old) and the psychologist warned that he might not do well in a substance abuse treatment program unless his mental illness was properly treated. The court modified the terms of probation to require participation in an appropriate treatment program.

Raposa entered Henry Ohlhoff House on July 12, 2001. After completing five months of the six-month program, Raposa was discharged for lying to staff. The program staff nevertheless reported that Raposa had been doing good work and had laid a foundation for his recovery. The court again modified Raposas probation to require completion of an outpatient rather than a residential treatment program.

Raposa entered Marin Services for Men in February 2002 and transferred to Center Point in July 2002. He was successfully released from Center Point in November 2002 and he reentered Marin Services for Men.

Marin County Burglaries

In late November 2002, Raposa left Marin Services for Men and relapsed. In January and February 2003, he committed four residential burglaries and a commercial burglary in order to obtain money to buy drugs. After the first burglary, Raposa carried a loaded handgun with him at all times. He intended to use the gun if the police came after him, either to shoot himself or to shoot it out with the cops in the hopes that the police would kill him. On February 26, 2003, Raposa attempted suicide. He was hospitalized and then booked in Marin County on burglary charges. The Sonoma County court summarily revoked Raposas probation.

In February 2004, Raposa was convicted in Marin County of all five burglary counts. Imposition of sentence was suspended and Raposa was placed on five years probation on the condition he serve two consecutive one year jail terms and successfully complete a residential treatment program. The court granted his Romero[2]motion to dismiss his prior strike convictions and found unusual circumstances warranting a grant of probation. The court acknowledged that Raposas criminal history was absolutely atrocious; nevertheless, it found that the pending charges against Raposa were all nonviolent property crimes; Raposa had suffered severe physical abuse in childhood; he suffered from treatable drug addiction and a treatable mental illness for which he was receiving appropriate medication; dual diagnosis treatment facilities were available for treatment; and Raposa had never been treated for both his addiction and mental illness. The court added that a psychologist who evaluated Raposa opined that it was not surprising Raposa had failed in treatment because he had been misdiagnosed and treated for the wrong conditions. With his current proper diagnosis, the psychologist considered his prognosis to be excellent. The court observed that Raposa had assumed responsibility as a jail facilitator and demonstrated significant progress while in jail; he seemed genuinely remorseful; he was intelligent and artistically talented; and he had positively impacted the lives of others in the jail.

With credit for time served, Raposa completed his Marin County jail terms in July 2004 and was transported to Sonoma County. Raposa admitted violating the terms of his Sonoma County probation and the matter was put over for sentencing, which occurred in December after several continuances.

Raposa submitted a statement in mitigation with supporting exhibits: descriptions of a history of childhood abuse, neglect by adoptive parents, suicide attempts and repeated institutionalization; letters by two therapists who testified on his behalf at the Marin County sentencing hearing; transcripts of the therapists testimony; a transcript of the Marin County courts explanation of its reasons for granting probation; and information about bipolar disorder and dual diagnosis treatment. Raposa argued that his failure on probation was inevitable because his mental health problems were never addressed.

In a response to the statement in mitigation, the prosecutor characterized Raposa as a master manipulator who supplies whatever false information that he believes will curry favor with a particular audience. As a result, nothing he says including his remorse for crimes committed or desire or ability to alter his behavior [] can be relied on. The prosecutor cited numerous inconsistencies in Raposas accounts of his personal history at various stages of his criminal proceedings.[3] In 1992, he had denied any problems growing up and said he graduated form Mill Valley High School. In 1995, he claimed a different family background and said he left Tamalpais High School in the tenth grade. In 2001, he said he had lived through the Wounded Knee standoff on Pine Ridge Reservation as a child, which caused him post traumatic stress disorder. The prosecutor agreed to Raposas initial grant of probation in the Sonoma County case largely because of the alleged Wounded Knee experience. In the 2003 Marin County probation report, Raposa reported recurring childhood abuse by adoptive parents. The prosecutor questioned Raposas commitment to recovery, reporting that Raposa had stopped working as a jail facilitator after he was granted probation in Marin County. Both the prosecutor and the probation officer asked the court to execute the suspended 16-year sentence.

At the sentencing hearing, the Sonoma County court said, I was trying to figure out what was going on in the judges mind in Marin County. .Ã‚ .Ã‚ . The circumstances of those offenses in Marin County are absolutely frightening and serious . . . [I]ts the Courts opinion that if the Marin County judge and that jurisdiction feels that Mr. Raposa needs to have another opportunity to, so-called, get the treatment that he needs[,] [t]hen my position is that Mr. Raposa utterly failed on his grant of probation out of Sonoma County and that numerous opportunities were provided to him. . . . [I]f Mr. Raposa wishes to get another opportunity out of the Sonoma County commitment then he will have to give something up in exchange for that. The court reinstated Raposa on probation on the condition he waive 1,047 days of credits for time he had served in jail and in programs. He was ordered to report to Marin Services for Men.[4]

2005 Sonoma County Probation Violations

Raposa entered Walden House on January 31, 2005. He left on a day pass on April 25 and did not return. On May 3, he called his Marin County probation officer to report that he had relapsed on May 2. He then voluntarily reported to a detox center. Marin County probation informed Sonoma County of the development and the Sonoma County court summarily revoked Raposas probation and issued a bench warrant for his arrest.

On May 17, 2005, Raposas treating psychologist at Walden House, Dr. Eugene Hightower, informed the Marin County probation officer that Raposa had done well in their program and they were willing to have him return once he stabilized on medication. Walden House readmitted Raposa on May 20. He left the program again around May 27. He had taken an overdose of medication and was admitted to the psychiatric ward of a hospital. Raposa contacted Marin County probation and cooperated with his return to custody.

Raposa admitted a violation of probation in Marin County. Probation recommended that no jail sanction be imposed and that Raposa be released to a treatment program if a placement could be found and if the Sonoma County matter was addressed. It is a fact that Mr. Raposa did relapse, however this officer believes that his relapse was the result of his lack of needed medical maintenance. The Marin County prosecutor argued for a prison sentence.

At a June 2005 sentencing hearing in Marin County, Dr. Hightower testified it was his opinion, based on an interview with Raposa after his return to Walden House, that Raposa had gone into a total manic state when he left the program. He stayed awake for several days, suffered crying spells, bought 30 bars of soap and 15 notebooks, and planned to write a novel in two days. Dr. Soloman, the chief psychiatrist of Walden House, concluded that the episode was caused by a change in Raposas medication due to a misdiagnosis by an outside medical clinic. Walden House sent Raposa to San Francisco General Hospital to change his medications. When Raposa received the new medication at the hospital, he was still quite depressed and he attempted suicide by overdosing. He was admitted to the psychiatric emergency unit. Hightower opined that these incidents probably would not have happened if the medications had not been changed.

The Marin County court reinstated Raposa on probation and ordered him to serve 120 days in jail. The transcript of the hearing during which the court presumably explained its reasoning is not in the record. Raposa was transported to Sonoma County in August 2005. On August 30, 2005, Raposa admitted violating the conditions of his probation because he did not successfully complete the Walden House program. The court found Raposa in violation of probation and referred the matter to probation for a sentencing report.

The Sonoma County probation sentencing report quotes Raposa as describing his departures from Walden House in this manner: I could feel the mania cycling up and I started to manage my own mood swings. I became really depressed and suicidal. I got loaded as soon as I left treatment, relapsed, then went to detox at the Helen Vine Center. I tried to go back to Walden House, but my medications got screwed up and I became suicidal again so I went to Marin General to their short-term psych ward and was then discharged. Id like a chance to . . . get back into a dual diagnosis program first at Walden House until I stabilize and then Id go to Baker Place in San Francisco. The probation officer reported that Raposa had not made any recent contact with Walden House and was not on their waiting list.

The Sonoma County probation officer recommended execution of the suspended 16-year sentence. This is the defendants fourth failed attempt at treatment on this grant of probation. []Defendant Raposa continues to minimize his conduct/performance on this grant of probation projecting blame for his failure at treatment on a lack of proper mental health support. He easily slips into the role of a victim to a mental health system that has failed him. He takes little responsibility for his actions that may lead to his own decompensation such as self-medication with illicit substances. . . . [] Given that the defendant has been on this grant of probation since 2001, has been unsuccessful in four residential treatment programs, has continued to commit serious felonies while on probation, and has continued to self-medicate with illicit substances . . . [i]t is . . . recommended that probation be revoked and that the defendant be sentenced to the California Department of Corrections for the previously suspended 16-year term.

Raposa filed a statement in mitigation. In personal letters to the court, he denied committing any theft crimes while at large and said he had no memory of using street drugs. He specifically denied telling probation that he got loaded when he left Walden House and criticized the probation officer for distorting his history and ignoring mitigating evidence presented in the Marin County proceedings. He said he checked himself into a detox center because historically the bad manic episodes had been accompanied by severe and continued drug abuse. When Raposa realized he was withdrawing from his psychiatric medications rather than street drugs, he left the detox center and checked himself into the psychiatric unit at Marin General Hospital. In a second letter, he said he was admitted to the psychiatric unit after he picked up new medications at San Francisco General Hospital and immediately consumed them all at once. According to Dr. Hightower, this overdose and hospital admission occurred after he had been readmitted to Walden House in May 2005.

Raposa urged the court to follow the lead of the Marin County probation department and court and reinstate him on probation so he could continue to pursue treatment. [T]hrough absolutely no fault of his own, at a time when he was doing everything that was being asked of him, and apparently doing it extremely well, something beyond his control came into this situation and destroyed what was a very, very positive situation. . . . [] . . . This is not a situation where Mr. Raposa has been lax about the requirements of his probation. This is not a situation where he has stepped out of line in the slightest under the circumstances where he had control of himself. []Thats supported by the testimony of an expert. Thats supported by the report of the probation officer in Marin County. The prosecutor insisted that Raposa had in fact used illicit drugs during his time out of the program. The prosecutor also questioned the reliability of Dr. Hightowers testimony, noting that the prosecutor who was present at that Marin County hearing was unfamiliar with the case and thus unable to subject Dr. Hightower to appreciable cross-examination.

On November 18, 2005, the court revoked probation and ordered the suspended sentence executed. The court faulted Raposa for shifting the blame to his probation officer and to the psychiatrist who made the prescription error. Moreover, It was tenuous at best[] when the Court went along with Marin County on disposition. And at this particular point, I believe that the Court has given Mr. Raposa every possible opportunity, and it is not in the interests of justice to continue him again on probation.

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