Dismal Freedom Press Podcast

About Dismal Freedom Press Podcast

Dismal Freedom Press investigates public records across the Central Valley and East Bay, publishing source documents beside our stories so neighbors can turn municipal paperwork into civic power. dismalfreedompress.substack.com (https://dismalfreedompress.substack.com?utm_medium=podcast)

Publisher

Dismal Freedom Press

Category

news · society & culture

Language

en

Explicit

No

First episode

16 Dec 2025

Latest episode

9 May 2026

Latest episodes

11 episodes in the feed.

1. 

   9 May 2026

   The Second Generation

   Episode: The Second Generation — Episode 5, Dismal Freedom Press Investigative Podcast Host/Narrator: Torie Cortez, Founding Editor & Publisher Runtime: Approximately 16 minutes Cases & Records Referenced People v. Millbrook, 222 Cal.App (http://Cal.App).4th 1122 (2014) — imperfect self-defense, jury instruction standard, anti-gatekeeper rule People v. Beltran — heat of passion; frequently paired with Millbrook as a combined constitutional shield People v. Martinez (2020) — modern application of the Millbrook standard on appeal People v. Weber — Millbrook cited as the evidentiary high watermark; defendant's evidence deemed insufficient Stanislaus County to Contra Costa County change of venue, 1978 murder trial of James Lee Sims and Joseph "Butch" Brown Archival newspaper clippings, Modesto, California, February 1978 Key Legal Concepts Explained in This Episode Imperfect self-defense: defendant genuinely believed deadly force was necessary; a reasonable person would not have Voluntary manslaughter vs. first-degree murder: the sentencing gulf the Millbrook standard protects The gatekeeper problem: pre-2014 judicial practice of withholding jury instructions based on personal credibility assessments Harmless error vs. reversible error: the Millbrook page 1139 standard that closed the government's most common appellate argument The prejudice standard / reasonable probability test Themes Generational trauma, criminal justice, California appellate law, victim family access, change of venue, systemic harm, family legacy, institutional accountability Previous Episode: Episode 4 examined the geographic displacement of the 1978 trial and the thousand-mile gap in access created by a ninety-mile change of venue. Next Episode: Episode 6 — Life Without. Parole records of the 1978 defendants. What accountability looks like across decades. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

2. 

   9 May 2026

   The Government Opened the Door. Now Someone Has to Guard It.

   Listen to the episode above. Full transcript available below. When the Department of Justice settled with Live Nation on March 9, 2026, the headlines were enormous. A $280 million fine. Divestiture of 13 venues. Ticketmaster forced open to competitors. And then, just five weeks later on April 15th, a jury officially found the company liable for monopolization. The tectonic plates of the live events industry had shifted. What came next, though, was silence. No protection for the independent venue owner terrified of losing tours if they switched ticketing platforms. No enforceable guarantee for the artist who wanted control of their own presale list. No roadmap. Just an open door — and nobody standing in it. That’s what this episode is about. Why the Settlement Wasn’t Enough The $280 million fine sounds enormous until you do the math. Against Live Nation’s 2025 projected revenue, it amounts to roughly four days of income. It’s a speeding ticket, not a deterrent. More telling: 27 state attorneys general refused to sign on to the settlement — Republicans and Democrats alike — signaling a rare bipartisan consensus that the deal fundamentally failed to address core consumer and industry protections. Artists were completely sidelined. Their core demands — control over ticket distribution, pricing tiers, fan presales — weren’t touched. All that power stayed with the platforms. And the fear of retaliation? That didn’t evaporate because a court said competition was now legal. The most chilling evidence of that reality came from trial testimony by John Abamondi, former CEO of the Barclays Center. When Barclays switched from Ticketmaster to SeatGeek, Live Nation CEO Michael Rapinoe allegedly made thinly veiled threats on a recorded phone call about routing shows away from the arena. The result: Barclays lost 15 contracted shows. Within 18 months, the financial bleeding forced them to abandon SeatGeek and return to Ticketmaster. That isn’t paranoia. That is documented, on-the-record, historical precedent. Enter the LESC The Live Events Standards Council and their certification framework, Front Row Certified, exist to fill the vacuum the government left behind. The certification is built on five non-negotiable pillars: * Price Transparency — All-in pricing displayed at the first click. No $30 junk fees ambushing fans at checkout. * Bot & Scalper Protection — Verified third-party technology to stop automated bulk purchasing. * Artist Autonomy — The first enforceable market standard guaranteeing artists retain total control over ticket distribution, pricing tiers, and fan presales. The platform cannot seize inventory behind an artist’s back. * Non-Exclusive Ticketing — A public, documented commitment protecting a venue’s right to work with multiple platforms — directly addressing the Barclays scenario. * Fan-First Resale — Fan-to-fan resale capped at face value. Professional scalping tools banned. The Economic Engine Nobody Expected Here’s where it gets genuinely fascinating — and where the skeptics need to pay attention. The ticket insurance industry is currently worth over $2 billion. And right now, those insurers are operating completely blind. The ticketing industry carries a 10% chargeback rate — ten times the general e-commerce average. A massive portion of that is “friendly fraud”: a real fan buys a ticket, feels cheated by hidden fees or a brutal refund policy, and simply disputes the charge with their credit card company. Friendly fraud has surged 41% since 2020. Insurers are paying out enormous claims because of opaque pricing and bot-driven chaos. They are desperate for a way to know which venues are safe risks and which are liabilities. Front Row Certified gives them that signal. The LESC is recruiting major insurers — including Protect and Alliance — offering board seats in exchange for a $25,000 annual contribution. Because a certified venue carries a measurably lower risk profile: transparent pricing, verified bot protection, clear refund rules. Think of it like a building earning LEED certification and then receiving a discount on its property insurance. The $500 audit fee for a small club pays for itself almost immediately through lower insurance rates and dramatically fewer chargebacks. You aren’t selling a badge. You’re selling measurable risk management. The Federal Docket Move This is where the leverage becomes real. On May 1, 2026, the LESC formally filed a public interest amicus submission — Document 1486 — with Judge Arun Subramanian in the Southern District of New York. They filed during the critical remedies phase of the monopoly trial, backed by over 150 verified stakeholders. To understand why the timing matters: the jury already decided Live Nation is a monopoly. Now the judge has to write the new rules — under immense pressure, with senators including Amy Klobuchar and Elizabeth Warren publicly demanding independent oversight of the live events market. The LESC walks into that courtroom as the only non-industry, non-government voice with zero financial stake in the outcome. They aren’t asking for a payout. They are handing Judge Subramanian a ready-made, independently audited behavioral remedy and saying, Your Honor, you don’t need to invent a standard. We already built the blueprint. The venues are adopting it. The insurers are backing it. Here is the rubric. By entering this framework onto the federal docket, the LESC forces the DOJ, Live Nation, and every state attorney general to acknowledge that a functional accountability layer actually exists. It stops being a hypothetical and instantly becomes a legal benchmark. The Negligence Horizon There’s a final implication worth sitting with — one that isn’t spelled out in the legal filings yet, but is the logical endgame of the entire framework. If Front Row Certified achieves critical mass and becomes the accepted baseline for what makes a safe, fair venue, what happens to the legal liability of platforms that knowingly work with uncertified venues? If an uncertified venue gets hit with a class action over hidden junk fees or a massive bot attack, could a platform like Ticketmaster or Eventbrite be held legally negligent for partnering with them when a widely accepted, independently audited standard was publicly available? Once a standard exists, ignoring it becomes a choice. And choices have legal consequences. What This Means For You The DOJ cleared the debris. It did not rebuild the roads. If you operate an independent venue: The fear you’ve been carrying isn’t irrational — it’s documented. Front Row Certified is a public shield against exclusivity retaliation and a direct path to lower insurance costs and fewer chargebacks. If you’re an artist advocate: This is the first enforceable market standard that guarantees your clients keep control of their tickets, their pricing tiers, and their relationship with their fans. Take a hard look at your ticketing contracts. Call your insurance broker. Examine your platform relationships. The door is open. It’s time to decide how you walk through it. 📩 Have a tip about ticketing retaliation or platform exclusivity pressure? Reach us at newsroom@dismalfreedompress.org (mailto:newsroom@dismalfreedompress.org). All sources held in confidence. 🎙️ Subscribe to stay current on the Live Events Standards Council remedies phase filing and all ongoing coverage of the U.S. v. Live Nation case from the Southern District of New York. This Substack is reader-supported. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

3. 

   2 May 2026

   The Accountability Void: How California’s Education Bureaucracy Puts Progress on Permanent Hold

   Imagine witnessing a life-threatening emergency. You dial 911, expecting immediate help, but the dispatcher simply says, “Understood, please hold”. You wait for weeks. When they finally return, they inform you that their internal procedures were followed perfectly—and then they hang up while the emergency is still happening right in front of you. To the system, the ticket is closed. To the victim, the crisis remains. This “procedural void” is at the heart of a bombshell investigative report by Tori Cortez of Dismal Freedom Press. This week on Deep Dive, we analyzed internal emails and case files from the California Department of Education (CDE) that reveal a disturbing trend: the systemic replacement of real accountability with what we call hollow procedural management. “It’s the institutional habit of prioritizing the paperwork over the actual people that the paperwork is supposed to protect.” The “Laughing Emoji” Case: Western Placer Unified The first localized failure takes us to Western Placer Unified School District, where a discrimination complaint was filed regarding a presentation allegedly biased against English learners. To understand why this matters, look at the data for this vulnerable student population: * Graduation Rate: Only 64.1% for English learners in the district. * College Readiness: A staggering 1% of English learners complete the baseline “A-G” requirements needed to apply to a state university. * Academic Gap: These students are 144 points below the California state standard. When this marginalized group sought justice, the local system failed them. Internal emails revealed that Assistant Superintendent Michael Maul called the civil rights complaint “petty“. Most shockingly, Superintendent Callahan responded to a formal grievance regarding these students with a laughing face emoji. When the state CDE finally stepped in, they issued a legally binding order for files that the district simply ignored. Rather than enforcing its subpoena, the CDE extended its own internal deadlines to protect its own compliance metrics. The final 749-word ruling denied the appeal without ever mentioning the missing emails or the laughing emoji. The $1.48 Million Reading Blind Spot The paralysis scales up in Manteca Unified School District (MUSD), where the district spent $1.48 million on a reading screener tool (NWEA Map) for K-2 students that is not on the state-approved list. By law (Education Code Section 53008), districts must use specific, vetted tools to identify early reading risks like dyslexia. Every semester a child is evaluated by a non-compliant tool is a window where a struggling reader might slip through the cracks. When questioned, the CDE’s Chief Communications Officer sent a response at 6:04 PM on a Saturday—a classic “bury the news” tactic. The email admitted the district was non-compliant but offered only “technical assistance“ rather than enforcement. The Gubernatorial Connection All of this happens under the ultimate authority of State Superintendent Tony Thurmond, who is currently running for Governor of California. Thurmond’s campaign is built on a platform of equity and working families. Yet, the very English learners and K-2 students being failed by his agency are the demographics he claims to protect. The report highlights a critical shift in the political landscape: * The Endorsement Gap: The California Teachers Association (CTA), which spent millions to elect Thurmond in 2018, has endorsed a different candidate for the 2026 gubernatorial race. * The Strategy of Evasion: Without his usual “political armor,” Thurmond’s campaign has adopted a strategy of total silence. There is currently no named press secretary, and the CDE has churned through three communications directors in five years. Conclusion: Who Enforces the Enforcers? The CDE has mastered the art of processing a file while ignoring the problem. They generate the paperwork, shield the bureaucracy from liability, and close the ticket. But for the students at 12 Bridges High School and the kindergartners in Manteca, the “emergency” hasn’t ended. If the state’s highest enforcement agency can simply choose to ignore its own deadlines and evidence, we are left with a chilling question: Is the real crisis in education the quiet, bureaucratic evaporation of accountability itself? This Substack is reader-supported. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

4. 

   15 Apr 2026

   The $9.84 Standard: Why the DOJ Failed and How Grassroots "Insurance Play" is Fixing Live Music

   On March 9, 2026, the Department of Justice shattered the lock on the monopoly’s gate—then they marched away and left the fans in the wilderness. The “historic” settlement with Live Nation and Ticketmaster sounded bold in the headlines: a $280 million fine and capped service fees. But when you look at the math, the fine represents roughly 1.1% of their annual revenue. That isn’t a penalty; it’s a minor operating expense. It’s four days of revenue. In this episode, we go behind the scenes of the Live Events Standards Council (LESC) and their mission to do what the government couldn’t: actually fix the machinery of the ticket industry. The “Triple Dipping” Machine While the DOJ focused on competition, they ignored the “Dark Machinery” that makes the fan experience miserable. Our latest deep dive into confidential internal playbooks reveals: * The Triple Dip: Platforms tax the exact same digital barcode three times (initial sale, reseller listing, and secondary purchase). * Bots as VIPs: Internal documents show Ticketmaster shelved bot-blocking tech because it was “too effective,” prioritizing high-volume broker transactions over human fans. * Venue Starvation: How the Barclays Center was “bled dry” after trying to switch to a competitor, proving that legal freedom doesn’t mean operational safety. The 5 Pillars of “Front Row Certified” LESC isn’t waiting for a new law. They’ve launched a voluntary, audited certification badge that acts as the “USDA Organic” sticker for concert tickets. To earn it, venues must prove: * Price Transparency: The price you see on page one is the price you pay at checkout. No “drip pricing.” * Bot Protection: Third-party audited tech that actually blocks bulk brokers. * Artist Autonomy: Artists retain total control over presales and pricing tiers. * Non-Exclusive Ticketing: Venues can use multiple platforms without fear of being blacklisted. * Fan-First Resale: Resale prices are strictly capped at face value, killing the profit motive for scalpers. The Secret Weapon: The Insurance Angle Here is the strategic brilliance the algorithm loves: The LESC isn’t appealing to the monopoly’s heart; they’re appealing to the insurance company’s wallet. The ticketing industry has a 10% chargeback rate (standard retail is 1%). This makes them a “high-risk” nightmare for insurers like Allianz and XCover. By proving a venue is “Front Row Certified,” the LESC proves the venue is a lower risk (no fee-shock chargebacks, no fraudulent bot transactions). The Result: Insurers offer lower premiums to certified venues. Suddenly, being transparent and fair is more profitable than being exploitative. Is the government settlement enough to save your concert budget? Probably not. But a $9.84 domain name and a smarter understanding of insurance math might just do the trick. Want to see the data on how ‘all-in pricing’ actually reduces credit card chargebacks? This Substack is reader-supported. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

5. 

   14 Apr 2026

   The Post-Monopoly Playbook: Inside the Live Events Standards Council (LESC)

   LESC Front Row Certified: Post-Monopoly Strategy The Context: The 2026 DOJ settlement with Live Nation/Ticketmaster ($280M fine) was effectively a "cost of doing business." It opened the market legally but left independent venues vulnerable to shadow retaliation (e.g., losing tour routing). The Solution: The Live Events Standards Council (LESC) launched the Front Row Certified seal—a market-driven "accountability layer" designed to build a parallel, verified ecosystem. The 5 Operational Pillars • Price Transparency: All-in pricing at the first click; eliminates "drip pricing." • Bot Protection: Audited, third-party verified tech to halt bulk scalpers. • Artist Autonomy: Artists (not platforms) retain control over pricing, presales, and fan data. • Non-Exclusivity: Venues commit to open inventory and multiple ticketing partners. • Fan-First Resale: Resale capped at face value; bans platform-enabled scalping tools. The "Math of Honesty" Transparency is a financial hedge. Deceptive fees trigger "friendly fraud," leading to chargebacks that cost venues an average of $112 per dispute. Honesty stabilizes the bottom line. Strategic Roadmap • TSA Pre-check Model: Certified venues bypass friction with artists, insurers, and ticketing platforms. • Gen Z Focus: Rolling out via campus venues to set a lifelong standard of trust and ethical expectations for the next generation of fans. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

6. 

   17 Mar 2026

   144 Points Below Standard: The Hidden Cost of WPUSD’s Hostile Environment

   LAUGHING AT THE GAP? 🎭 WPUSD’s Emoji Scandal & The EL Achievement CrisisWe’re exposing the “smoking gun” emails and the devastating data the district tried to hide. #WPUSD #EducationReform #CivilRightsTHE STORY:Is student success a joke to WPUSD leadership? In this report, Dismal Freedom Press reveals a disturbing disconnect between district administration and the students they are sworn to protect.While Superintendent Kerry Callahan was caught responding to a formal civil rights complaint with a “laughing face” emoji, her own district’s data shows a system in freefall for English Learners (EL). We bridge the gap between the Marjorie Proffitt coordination emails and the cold, hard numbers of the 2025-26 LCAP. This Substack is reader-supported. To receive new posts and support my work, consider becoming a free or paid subscriber. THE “DATA GAP” REVEALED:The Math Crisis: While the district average sits near the standard, Long-Term English Learners (LTELs) are struggling at 144.1 points below standard.ELA Disparity: English Learners are scoring 39 points below standard, creating a massive achievement gap that the district’s “laughing” leadership seems to be ignoring.Safety vs. Performance: The CDE notes that a safe climate is required for EL success—so why is WPUSD mocking complaints about a hostile environment?INVESTIGATIVE HIGHLIGHTS:Evidence Suppression: Why was the Proffitt email omitted from the initial administrative record?The Metadata Standoff: We track the “missing” Jan 22 forensic data that proves the district received our requests.The “Club America” Fallout: How an event at Twelve Bridges High School exposed a pattern of administrative bad faith.TIMESTAMPS:0:00 The “Laughing Face” Emoji Exposed1:30 The Proffitt Email: A Smoking Gun?3:15 Data Deep Dive: EL Students vs. District Averages5:10 Why “Hostile Environments” Kill Test Scores7:25 Taking the Fight to the CDE (Appeal Update)RESOURCES:📄 Full UCP Appeal & Evidence Packet: https://www.dismalfreedom.press/data-library📊 WPUSD Performance Dashboard — confirmed direct link:https://www.caschooldashboard.org/reports/31669510000000/2024⚖️ Ed Code § 220:https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=220.&lawCode=EDC⚖️ Ed Code § 51500:https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=51500.JOIN THE MISSION:Does a “laughing emoji” from a Superintendent constitute administrative bias? Should vulnerable students pay the price for leadership’s lack of transparency? Comment below. 🛡️FOLLOW DISMAL FREEDOM PRESS:🔔 Subscribe for transparency updates.🐦 Twitter/X: @DismalFreedom#WPUSD #TwelveBridgesHigh #EducationEquality #EnglishLearners #LincolnCA #PublicRecordsAct #CDE #DismalFreedomPress #SchoolBoardTransparency #LCAP Thanks for reading! This post is public so feel free to share it. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

7. 

   12 Mar 2026

   The 5 Pillars of a Secure Venue: Building the Future of Independent Press

   The Architecture of Autonomy In this episode, we pull back the curtain on the technical requirements that keep our reporting secure and our partners connected. The 5 Core Certification Pillars To be part of the Dismal Freedom ecosystem, a venue isn't just a room—it’s a fortified node. We detail the five pillars every location must meet: Network Integrity: Beyond simple Wi-Fi; we’re talking encrypted, non-throttled isolation. Physical Sovereignty: Protocols to prevent hardware tampering and unauthorized access. Redundancy: Because the truth shouldn't go dark during a power glitch. Operational Neutrality: A guarantee that the host never peeks at the traffic. Hardened Support: On-site expertise for the modern media stack. How Partners Plug In We don't just hand out passwords. We explain the Tiered Integration Model—from cryptographic handshakes to provisioned sandboxing—that allows our platform partners to gain network access without compromising the collective. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

8. 

   14 Jan 2026

   The Trial That Moved

   This episode continues our examination of how justice unfolds over time — not just in verdicts, but in process. Change of venue decisions are often treated as neutral procedure. This episode asks what those decisions mean for families, communities, and public oversight — especially when the record offers little explanation. As always, we’re documenting what the record shows, what it doesn’t, and what families are left to carry in between. If you have documents or firsthand knowledge connected to this case, we encourage you to reach out. We read everything. — Dismal Freedom Press Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

9. 

   4 Jan 2026

   Who Gets the Children

   After the murders, the court files didn’t close. They split. While the criminal case moved forward, a separate decision was made in family court — largely out of public view. Two children were left behind. Michael Jr.And Marcus. Custody was awarded to Kimberly’s family.Michael’s family was not. There was no public explanation.No accessible record laying out how the decision was reached. Only an outcome — and a family understanding of why it happened. This episode looks at what the record shows, what it does not, and how custody decisions were shaped in late-1970s California. It places one family’s experience alongside historical research on cross-racial custody outcomes, sealed family court proceedings, and the long-term consequences of decisions made quietly and far from public scrutiny. Because when courts decide who raises the children, they also decide who remains present in their lives. This episode follows the paper trail — and what’s missing from it. Thanks for reading Dismal Freedom Press! This post is public so feel free to share it. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

10. 

    18 Dec 2025

    February 1

    n Episode 2 of the Dismal Freedom Press Podcast, we examine what is publicly documented about the night Michael and Kimberly Millbrook were killed — and what remains unclear decades later. This episode focuses on: What contemporaneous reporting establishes about February 1 How early investigative narratives take shape The limits of police reports and court summaries Why fear, pressure, and community context often vanish from the record Rather than reconstructing the night for shock value, this conversation asks a different question:What does the justice system choose to remember — and what does it leave families to carry alone? This is investigative conversation, not reenactment. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

11. 

    16 Dec 2025

    The Letter

    In this episode of Dismal Freedom Press, we examine how a single letter connects three generations of one family’s experience with violence and the justice system. What begins with the 1980s murder of Michael and Kimberly Millbrook in Modesto, California, extends into questions about custody, access to justice, trial relocation, and the long-term consequences families carry long after court cases close. This conversation explores: How custody decisions shape families for decades What happens when trials are moved away from victim communities How unresolved trauma carries forward into later generations Why gaps in official records matter as much as documented facts The role of letters, testimony, and memory in building a historical record This is not true crime for entertainment. It is investigative conversation, family testimony, and accountability journalism. Get full access to Dismal Freedom Press at dismalfreedompress.substack.com/subscribe (https://dismalfreedompress.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_4)

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