Update: Oscar Grant and the California Attorney General
Excessive Force, False Reports Detailed in Rio Vista Police Misconduct Files
State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records
KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records
Lines Drawn in Fight Over Historic Unsealing of Police Records
Chairman of California Democratic Party Taking Leave of Absence Amid Sex Misconduct Claims
Judge Orders Probe Into Reinstatement of Fired Oakland Police Officers
Oakland Police Officers Disciplined for Occupy Protest Misconduct
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In a wide-ranging interview with On Our Watch’s Sukey Lewis, Bonta talks about California’s systemic policing issues, his efforts at addressing them and his contention that the Oscar Grant case remains unresolved.\u003c/p>\n\u003cp>We also look at \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">new police reforms\u003c/a>, including one that makes it easier to strip badges from police officers who have committed acts of serious misconduct.\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Update%3A+Oscar+Grant+and+the+Attorney+General&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California's Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with Sukey Lewis, Bonta talks about California's systemic issues in policing and his efforts at addressing them and says the Oscar Grant case remains unresolved. We also look at new police reforms promising that cops who commit serious misconduct can be stripped of their badges.","status":"publish","parent":0,"modified":1709849991,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":147},"headData":{"title":"Update: Oscar Grant and the California Attorney General | KQED","description":"Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California's Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with Sukey Lewis, Bonta talks about California's systemic issues in policing and his efforts at addressing them and says the Oscar Grant case remains unresolved. We also look at new police reforms promising that cops who commit serious misconduct can be stripped of their badges.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Update: Oscar Grant and the California Attorney General","datePublished":"2021-10-05T22:00:58.000Z","dateModified":"2024-03-07T22:19:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"On Our Watch Podcast","sourceUrl":"https://www.kqed.org/podcasts/onourwatch","sticky":false,"nprImageAgency":"Luke Medina for NPR","nprStoryId":"1042430689","nprApiLink":"http://api.npr.org/query?id=1042430689&profileTypeId=15&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2021/10/01/1042430689/update-oscar-grant-and-the-attorney-general?ft=nprml&f=1042430689","nprRetrievedStory":"1","nprPubDate":"Fri, 01 Oct 2021 17:48:00 -0400","nprStoryDate":"Fri, 01 Oct 2021 17:48:43 -0400","nprLastModifiedDate":"Fri, 01 Oct 2021 17:48:40 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/ourwatch/2021/10/20211001_ourwatch_oow-bonus-ep-jy-andy_check-final_2.mp3?orgId=1&topicId=1150&d=871&p=510360&story=1042430689&t=podcast&e=1042430689&ft=nprml&f=1042430689","nprAudioM3u":"http://api.npr.org/m3u/11042550192-f5aadf.m3u?orgId=1&topicId=1150&d=871&p=510360&story=1042430689&t=podcast&e=1042430689&ft=nprml&f=1042430689","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11890986/update-oscar-grant-and-the-attorney-general","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/ourwatch/2021/10/20211001_ourwatch_oow-bonus-ep-jy-andy_check-final_2.mp3?orgId=1&topicId=1150&d=871&p=510360&story=1042430689&t=podcast&e=1042430689&ft=nprml&f=1042430689","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Less than six weeks after On Our Watch published an episode examining the shooting death of Oscar Grant, California’s Attorney General Rob Bonta opened an external investigation into the 12-year-old case. In a wide-ranging interview with On Our Watch’s Sukey Lewis, Bonta talks about California’s systemic policing issues, his efforts at addressing them and his contention that the Oscar Grant case remains unresolved.\u003c/p>\n\u003cp>We also look at \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">new police reforms\u003c/a>, including one that makes it easier to strip badges from police officers who have committed acts of serious misconduct.\u003c/p>\n\u003cp>\u003cem>Follow On Our Watch on \u003ca href=\"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x\" target=\"_blank\" rel=\"noopener noreferrer\">Spotify\u003c/a>, \u003ca href=\"https://podcasts.apple.com/podcast/id1567098962\" target=\"_blank\" rel=\"noopener noreferrer\">Apple\u003c/a>, \u003ca href=\"https://one.npr.org/?sharedMediaId=998011488:998413542\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast app. This podcast is produced as part of the\u003c/em>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cem> California Reporting Project\u003c/em>\u003c/a>\u003cem>, a coalition of news organizations in California\u003c/em>.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Update%3A+Oscar+Grant+and+the+Attorney+General&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11890986/update-oscar-grant-and-the-attorney-general","authors":["8676"],"programs":["news_33521"],"categories":["news_6188","news_8","news_33520"],"tags":["news_18538","news_27918","news_29987","news_9","news_3322","news_18542","news_29466","news_147","news_116","news_20081","news_20625","news_3674","news_22462"],"affiliates":["news_253"],"featImg":"news_11890987","label":"source_news_11890986"},"news_11721801":{"type":"posts","id":"news_11721801","meta":{"index":"posts_1591205157","site":"news","id":"11721801","score":null,"sort":[1548766880000]},"guestAuthors":[],"slug":"bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files","title":"Excessive Force, False Reports Detailed in Rio Vista Police Misconduct Files","publishDate":1548766880,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>[dropcap]K[/dropcap]atheryn Jenks, a slight 56-year-old woman, called 911 at around 3 a.m. on a Sunday in September to report her car alarm going off. Within minutes, she was handcuffed and sitting in the back of a Rio Vista police car, bleeding from a gaping wound on her right forearm where a police dog bit her.\u003c/p>\n\u003cp>In a separate case, two Rio Vista police officers entered a home in August, 2017, and one quickly put a man who lived there in a potentially deadly chokehold. \"Don't kill me,\" the man yelled after the officer threw him to the ground.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cstrong>'The seriousness of the sustained allegations cannot be overstated. Honesty and integrity are the foundations of the law enforcement profession and failing in either is severely detrimental to the department’s ability to maintain the public trust.'\u003c/strong>\u003ccite>Internal investigation findings regarding Officer John Collondrez \u003c/cite>\u003c/aside>\n\u003cp>That officer, John Collondrez, was fired. Natalie Rafferty, the officer and K-9 handler who planned Jenks' arrest, has been notified by the department that she, too, will be terminated, according to documents released to KQED and the Bay Area News Group under a new state law that unseals some internal investigations and police disciplinary records.\u003c/p>\n\u003cp>The records released by Rio Vista are among the first in the state to show officers disciplined for violating use-of-force rules and for dishonesty. Although it remains to be seen whether such misconduct is rare or widespread, one expert made it clear that the disclosures offer a glimpse into what \"has been a hidden world\" in California, where most officer discipline was confidential for decades until the new law took effect Jan. 1.\u003c/p>\n\u003cp>“Police discipline has always been shrouded in secrecy,” University of Nebraska Criminal Justice Professor Samuel Walker said. “It's very good that the public knows about these things and as more and more records are released, we will get a better picture of the patterns; what are some of the recurring problems?”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>These firings are the latest bombshell to hit the 14-member police department in Rio Vista, a Solano County city of 9,000 nestled alongside the Sacramento River. A former chief and at least seven officers have left the department or been fired since 2016, and Mayor Ronald Kott said additional administrative investigations are occurring in what appears to be a major shakeup.\u003c/p>\n\u003cp>“The seriousness of the sustained allegations cannot be overstated,” the investigator of Collondrez's case wrote in a report. “Honesty and integrity are the foundations of the law enforcement profession and failing in either is severely detrimental to the department’s ability to maintain the public trust.”\u003c/p>\n\u003cp>[dropcap]J[/dropcap]enks had called police seven times between Sept. 22 and the day of her arrest to report that her car alarm was going off, that someone was trying to break into the vehicle and that her garden hose had been tampered with. Sometimes she hung up, and she sometimes didn’t answer when dispatchers called her back. Officers never found anything suspicious.\u003c/p>\n\u003cp>Rafferty and her partner, rookie Officer Man Ly, had a plan ready if she called again, records show: They would arrest her for abusing the 911 system. They got their chance Sept. 30.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=8X1JDRBjYdk&feature=youtu.be\u003c/p>\n\u003cp>Jenks appears defiant in body-camera footage captured as the officers talk to her on her porch about the calls. Jenks insisted that she called 911 to report an emergency and told the officers they were there to serve and protect her. She cried out for her boyfriend, David O’Reilly, when Ly told her to put her hands behind her back and attempted to handcuff her. She fought back and yelled for help, kicking at the officers.\u003c/p>\n\u003cp>“Why are you picking on her?” O’Reilly asked, appearing in the doorway. “She hasn’t done anything.”\u003c/p>\n\u003cp>More Rio Vista officers arrived and wrestled with Jenks in her front yard. Suddenly, Rafferty’s police K-9 “Rio” appeared in the darkened fray, clamping down on Jenks’ arm and opening a gruesome wound deep in her muscle tissue as she screamed in pain. Rafferty is then heard calmly issuing a one-word command in German for the dog to release, ending the attack.\u003c/p>\n\u003cp>Rafferty later told investigators that a button on her equipment had been accidentally pushed during the tussle, opening a door on her police vehicle that allowed the dog to get out. Jenks said she still has nightmares about being attacked by a dog.\u003c/p>\n\u003cp>“All I could think was, ‘Oh my goodness do I still have my arm?’” Jenks said in a recent interview. “He didn’t rip. He bit straight through.”\u003c/p>\n\u003cp>The internal investigation into Jenks’ arrest found that Rafferty put false information in police reports to bolster a felony charge against Jenks, including that she had injured officers when she bit them. Rafferty and Ly submitted photos of alleged injuries, but an investigator found the claim that the woman's bites hurt them was \"patently false.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">Police Secrets Revealed\u003c/a>\u003c/h3>\n\u003cp>Records of police misconduct and use of deadly force have been kept secret in California for decades. That changed Jan. 1.\u003c/p>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/01/RS27057_20170927_Uc-Berkeley-Free-Speech_Credit_Adam-Grossberg-9-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Rafferty also disobeyed directions to submit only misdemeanor charges against Jenks, the investigation found, and submitted a felony resisting arrest count.\u003c/p>\n\u003cp>Ly no longer works for the department. Rafferty was served on Jan. 16 with a notice of the department’s intent to fire her. She can still appeal the firing. Both she and her lawyer declined to be interviewed.\u003c/p>\n\u003cp>Chief Dan Dailey said he referred potential criminal charges against both officers to the Solano County District Attorney, alleging perjury and falsification of a police report. DA Spokeswoman Monica Martinez said the office did not receive the referral.\u003c/p>\n\u003cp>Jenks still faces charges on six misdemeanors -- for unlawful 911 calls, battery on each officer and resisting arrest. She is due back in Solano County Superior Court in March.\u003c/p>\n\u003cp>[dropcap]I[/dropcap]n the other case, a veteran Rio Vista officer’s misconduct so tainted a drunken driving, hit-and-run investigation that the suspect couldn’t be charged. A sergeant noticed major inconsistencies in a police report of the incident and raised concerns to the chief.\u003c/p>\n\u003cp>Information from the victim in the case pointed officers John Collondrez and Anthony Costa to a Rio Vista home a few minutes after 9 p.m. on Aug. 17, 2017, and the officers noticed a dent in a truck parked outside.\u003c/p>\n\u003cp>Collondrez and Costa went inside without a warrant or sufficient cause to make an arrest. When the suspect, who we are not identifying because he was never charged, refused to go outside, Collondrez shoved him against a wall and put the man in a potentially deadly chokehold, the investigation found. Body camera video shows the hold lasting about 20 seconds.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=UC8C_BnTqZQ&feature=youtu.be\u003c/p>\n\u003cp>Collondrez later told investigators that he had intended to apply a carotid, or “sleeper,” hold. When done properly, the hold constricts the blood flow to the brain by applying pressure to both sides of the neck, causing a brief loss in consciousness.\u003c/p>\n\u003cp>The internal affairs investigation found that the officer lied about discovering keys in the suspect’s pocket and investigating the scene of the collision, which actually occurred in Sacramento County, not Rio Vista. Collondrez, the report says, did neither. The investigation also found he used excessive force, made an improper arrest and didn’t seek medical care for the suspect, which department policy requires.\u003c/p>\n\u003cp>Collondrez, the former head of the Rio Vista Police Officers Association, twice appealed the city’s move to fire him. He resigned on Sept. 19.\u003c/p>\n\u003cp>The former officer now appears to work for Uber as an investigator.\u003c/p>\n\u003cp>A spokesman for the company said in an emailed response that information about Collondrez's firing \"is concerning and we are reviewing the matter. We will take appropriate action pending the results of this review.”\u003c/p>\n\u003cp>Neither Collondrez nor his attorney agreed to be interviewed.\u003c/p>\n\u003cp>“You are on a witch hunt to find dirty cops,” Collondrez wrote in a Facebook message. “I am not that.”\u003c/p>\n\u003cp>Tom Nolan, a former Boston police lieutenant turned academic, reviewed both cases and said he was very surprised the police chief fired the officers.\u003c/p>\n\u003cp>\"The best course of action is to discipline if it's indicated, retrain him if needed, or give her some counseling or whatever is needed in order to keep them in your organization,\" Nolan said.\u003c/p>\n\u003cp>Rio Vista City Manager Robert Hickey said he stands by the findings of the investigations and the police chief.\u003c/p>\n\u003cp>“Who guards the guardians?” he said. “I take that very seriously and I'm willing to ensure that investigations go forward as needed.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the Bay Area News Group and Investigative Studios, an independent nonprofit news organization affiliated with the Investigative Reporting Program at UC Berkeley.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The records are among the first in the state to show officers disciplined for violating use-of-force rules and for dishonesty.","status":"publish","parent":0,"modified":1560381287,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":37,"wordCount":1538},"headData":{"title":"Excessive Force, False Reports Detailed in Rio Vista Police Misconduct Files | KQED","description":"The records are among the first in the state to show officers disciplined for violating use-of-force rules and for dishonesty.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Excessive Force, False Reports Detailed in Rio Vista Police Misconduct Files","datePublished":"2019-01-29T13:01:20.000Z","dateModified":"2019-06-12T23:14:47.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11721801 https://ww2.kqed.org/news/?p=11721801","disqusUrl":"https://ww2.kqed.org/news/2019/01/29/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files/","disqusTitle":"Excessive Force, False Reports Detailed in Rio Vista Police Misconduct Files","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/01/RioVistaLewisSebai.mp3","nprByline":"\u003ca href=\"https://www.kqed.org/author/slewis\" rel=\"noopener\" target=\"_blank\">Sukey Lewis\u003c/a>, \u003ca href=\"http://www.capradio.org/about/bios/nadine-sebai/\" rel=\"noopener\" target=\"_blank\">Nadine Sebai\u003c/a>, \u003ca href=\"https://www.kqed.org/author/aemslie\" rel=\"noopener\" target=\"_blank\">Alex Emslie\u003c/a> and \u003ca href=\"https://www.mercurynews.com/author/thomas-peele/\" rel=\"noopener\" target=\"_blank\">Thomas Peele\u003c/a>\u003cbr />KQED, Capital Public Radio and Bay Area News Group","audioTrackLength":427,"path":"/news/11721801/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files","audioDuration":434000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">K\u003c/span>\u003c/p>\u003cp>atheryn Jenks, a slight 56-year-old woman, called 911 at around 3 a.m. on a Sunday in September to report her car alarm going off. Within minutes, she was handcuffed and sitting in the back of a Rio Vista police car, bleeding from a gaping wound on her right forearm where a police dog bit her.\u003c/p>\n\u003cp>In a separate case, two Rio Vista police officers entered a home in August, 2017, and one quickly put a man who lived there in a potentially deadly chokehold. \"Don't kill me,\" the man yelled after the officer threw him to the ground.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cstrong>'The seriousness of the sustained allegations cannot be overstated. Honesty and integrity are the foundations of the law enforcement profession and failing in either is severely detrimental to the department’s ability to maintain the public trust.'\u003c/strong>\u003ccite>Internal investigation findings regarding Officer John Collondrez \u003c/cite>\u003c/aside>\n\u003cp>That officer, John Collondrez, was fired. Natalie Rafferty, the officer and K-9 handler who planned Jenks' arrest, has been notified by the department that she, too, will be terminated, according to documents released to KQED and the Bay Area News Group under a new state law that unseals some internal investigations and police disciplinary records.\u003c/p>\n\u003cp>The records released by Rio Vista are among the first in the state to show officers disciplined for violating use-of-force rules and for dishonesty. Although it remains to be seen whether such misconduct is rare or widespread, one expert made it clear that the disclosures offer a glimpse into what \"has been a hidden world\" in California, where most officer discipline was confidential for decades until the new law took effect Jan. 1.\u003c/p>\n\u003cp>“Police discipline has always been shrouded in secrecy,” University of Nebraska Criminal Justice Professor Samuel Walker said. “It's very good that the public knows about these things and as more and more records are released, we will get a better picture of the patterns; what are some of the recurring problems?”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>These firings are the latest bombshell to hit the 14-member police department in Rio Vista, a Solano County city of 9,000 nestled alongside the Sacramento River. A former chief and at least seven officers have left the department or been fired since 2016, and Mayor Ronald Kott said additional administrative investigations are occurring in what appears to be a major shakeup.\u003c/p>\n\u003cp>“The seriousness of the sustained allegations cannot be overstated,” the investigator of Collondrez's case wrote in a report. “Honesty and integrity are the foundations of the law enforcement profession and failing in either is severely detrimental to the department’s ability to maintain the public trust.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">J\u003c/span>\u003c/p>\u003cp>enks had called police seven times between Sept. 22 and the day of her arrest to report that her car alarm was going off, that someone was trying to break into the vehicle and that her garden hose had been tampered with. Sometimes she hung up, and she sometimes didn’t answer when dispatchers called her back. Officers never found anything suspicious.\u003c/p>\n\u003cp>Rafferty and her partner, rookie Officer Man Ly, had a plan ready if she called again, records show: They would arrest her for abusing the 911 system. They got their chance Sept. 30.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/8X1JDRBjYdk'\n title='//www.youtube.com/embed/8X1JDRBjYdk'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Jenks appears defiant in body-camera footage captured as the officers talk to her on her porch about the calls. Jenks insisted that she called 911 to report an emergency and told the officers they were there to serve and protect her. She cried out for her boyfriend, David O’Reilly, when Ly told her to put her hands behind her back and attempted to handcuff her. She fought back and yelled for help, kicking at the officers.\u003c/p>\n\u003cp>“Why are you picking on her?” O’Reilly asked, appearing in the doorway. “She hasn’t done anything.”\u003c/p>\n\u003cp>More Rio Vista officers arrived and wrestled with Jenks in her front yard. Suddenly, Rafferty’s police K-9 “Rio” appeared in the darkened fray, clamping down on Jenks’ arm and opening a gruesome wound deep in her muscle tissue as she screamed in pain. Rafferty is then heard calmly issuing a one-word command in German for the dog to release, ending the attack.\u003c/p>\n\u003cp>Rafferty later told investigators that a button on her equipment had been accidentally pushed during the tussle, opening a door on her police vehicle that allowed the dog to get out. Jenks said she still has nightmares about being attacked by a dog.\u003c/p>\n\u003cp>“All I could think was, ‘Oh my goodness do I still have my arm?’” Jenks said in a recent interview. “He didn’t rip. He bit straight through.”\u003c/p>\n\u003cp>The internal investigation into Jenks’ arrest found that Rafferty put false information in police reports to bolster a felony charge against Jenks, including that she had injured officers when she bit them. Rafferty and Ly submitted photos of alleged injuries, but an investigator found the claim that the woman's bites hurt them was \"patently false.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">Police Secrets Revealed\u003c/a>\u003c/h3>\n\u003cp>Records of police misconduct and use of deadly force have been kept secret in California for decades. That changed Jan. 1.\u003c/p>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/police-records\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/01/RS27057_20170927_Uc-Berkeley-Free-Speech_Credit_Adam-Grossberg-9-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Rafferty also disobeyed directions to submit only misdemeanor charges against Jenks, the investigation found, and submitted a felony resisting arrest count.\u003c/p>\n\u003cp>Ly no longer works for the department. Rafferty was served on Jan. 16 with a notice of the department’s intent to fire her. She can still appeal the firing. Both she and her lawyer declined to be interviewed.\u003c/p>\n\u003cp>Chief Dan Dailey said he referred potential criminal charges against both officers to the Solano County District Attorney, alleging perjury and falsification of a police report. DA Spokeswoman Monica Martinez said the office did not receive the referral.\u003c/p>\n\u003cp>Jenks still faces charges on six misdemeanors -- for unlawful 911 calls, battery on each officer and resisting arrest. She is due back in Solano County Superior Court in March.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">I\u003c/span>\u003c/p>\u003cp>n the other case, a veteran Rio Vista officer’s misconduct so tainted a drunken driving, hit-and-run investigation that the suspect couldn’t be charged. A sergeant noticed major inconsistencies in a police report of the incident and raised concerns to the chief.\u003c/p>\n\u003cp>Information from the victim in the case pointed officers John Collondrez and Anthony Costa to a Rio Vista home a few minutes after 9 p.m. on Aug. 17, 2017, and the officers noticed a dent in a truck parked outside.\u003c/p>\n\u003cp>Collondrez and Costa went inside without a warrant or sufficient cause to make an arrest. When the suspect, who we are not identifying because he was never charged, refused to go outside, Collondrez shoved him against a wall and put the man in a potentially deadly chokehold, the investigation found. Body camera video shows the hold lasting about 20 seconds.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/UC8C_BnTqZQ'\n title='//www.youtube.com/embed/UC8C_BnTqZQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Collondrez later told investigators that he had intended to apply a carotid, or “sleeper,” hold. When done properly, the hold constricts the blood flow to the brain by applying pressure to both sides of the neck, causing a brief loss in consciousness.\u003c/p>\n\u003cp>The internal affairs investigation found that the officer lied about discovering keys in the suspect’s pocket and investigating the scene of the collision, which actually occurred in Sacramento County, not Rio Vista. Collondrez, the report says, did neither. The investigation also found he used excessive force, made an improper arrest and didn’t seek medical care for the suspect, which department policy requires.\u003c/p>\n\u003cp>Collondrez, the former head of the Rio Vista Police Officers Association, twice appealed the city’s move to fire him. He resigned on Sept. 19.\u003c/p>\n\u003cp>The former officer now appears to work for Uber as an investigator.\u003c/p>\n\u003cp>A spokesman for the company said in an emailed response that information about Collondrez's firing \"is concerning and we are reviewing the matter. We will take appropriate action pending the results of this review.”\u003c/p>\n\u003cp>Neither Collondrez nor his attorney agreed to be interviewed.\u003c/p>\n\u003cp>“You are on a witch hunt to find dirty cops,” Collondrez wrote in a Facebook message. “I am not that.”\u003c/p>\n\u003cp>Tom Nolan, a former Boston police lieutenant turned academic, reviewed both cases and said he was very surprised the police chief fired the officers.\u003c/p>\n\u003cp>\"The best course of action is to discipline if it's indicated, retrain him if needed, or give her some counseling or whatever is needed in order to keep them in your organization,\" Nolan said.\u003c/p>\n\u003cp>Rio Vista City Manager Robert Hickey said he stands by the findings of the investigations and the police chief.\u003c/p>\n\u003cp>“Who guards the guardians?” he said. “I take that very seriously and I'm willing to ensure that investigations go forward as needed.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the Bay Area News Group and Investigative Studios, an independent nonprofit news organization affiliated with the Investigative Reporting Program at UC Berkeley.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11721801/bad-arrests-excessive-force-and-false-reports-detailed-in-release-of-rio-vista-police-misconduct-files","authors":["byline_news_11721801"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_25303","news_3322","news_24767","news_24770"],"featImg":"news_11721816","label":"news_72"},"news_11715442":{"type":"posts","id":"news_11715442","meta":{"index":"posts_1591205157","site":"news","id":"11715442","score":null,"sort":[1546480229000]},"guestAuthors":[],"slug":"state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records","title":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records","publishDate":1546480229,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>This report contains a clarification.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated 5:50 p.m. Wednesday, Jan. 2.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied an \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\">attempt\u003c/a> by a San Bernardino County sheriff's deputies' union to block public access to existing records of police misconduct and use of deadly force. Those records have for the most part been kept secret in California for decades, but that changed with a new state law that took effect on New Year's Day.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'This is an important law that will allow the public to see a lot of things that it wasn't able to see before. ... It's a good start to 2019.'\u003ccite>David Snyder,\u003cbr>\nFirst Amendment Coalition executive director\u003c/cite>\u003c/aside>\n\u003cp>Senate Bill 1421, authored by state Sen. Nancy Skinner, D-Berkeley, went into effect on Tuesday. The new law allows public access to records of sexual assault by on-duty peace officers, lying by officers on police reports or testimony, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\">A coalition of news organizations across the state\u003c/a>, including KQED, filed California Public Records Act requests with more than 300 agencies just after midnight on Jan. 1, seeking these newly available documents.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Many statewide law enforcement organizations opposed the law, and attorneys representing law enforcement unions throughout the state \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">filed a petition\u003c/a> on behalf of the San Bernardino sheriff's deputies' association asking the state Supreme Court to prevent agencies from turning over any records from cases originating before Jan. 1, 2019.\u003c/p>\n\u003cp>The Supreme Court denied the petition and a related request to issue a stay, which could have stopped the release of records made public by the new law throughout the state.\u003c/p>\n\u003cp>\"Fortunately, the court saw through this last-minute effort by the police union to hamstring Senate Bill 1421,\" said David Snyder, executive director of the San Rafael-based First Amendment Coalition.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Last week, the First Amendment Coalition, the Los Angeles Times, the California News Publishers Association and KQED filed a motion to \u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener\">intervene in the case\u003c/a>, arguing that the law clearly applies to existing records. The Supreme Court also denied the motion to intervene on Wednesday, ruling it is now moot.\u003c/p>\n\u003cp>The sheriff's deputies' union expressed disappointment in a written statement issued by its president, Grant Ward.\u003c/p>\n\u003cp>\"We feel this is a statewide issue and should be considered accordingly,\" Grant said. \"As a result, we are currently seeking other legal options to protect our members.\"\u003c/p>\n\u003cp>The court did not issue a written order on the petition. That could leave some uncertainty over the law's implementation as police agencies work to produce records.\u003c/p>\n\u003cp>The law firm representing the union said the summary denial, without a formal ruling, leaves the possibility of hundreds of localized lawsuits to block the release of records throughout California.\u003c/p>\n\u003cp>\"[I]t is possible that numerous lawsuits will be pursued by peace officer labor organizations in local courts throughout the state to prevent public agencies from releasing confidential information which is prohibited by law,\" the law firm Rains, Lucia, Stern, St. Phalle & Silver said in a written statement.\u003c/p>\n\u003cp>The firm also notes a Dec. 31 ruling by the Los Angeles Superior Court, essentially granting the stay in Los Angeles that the union had sought statewide.\u003c/p>\n\u003cp>\"The legal arguments we advanced [in that case] were virtually identical to those which the Supreme Court declined to hear or consider before the issue was litigated in lower courts,\" the law firm said.\u003c/p>\n\u003cp>Skinner, the bill's author, said the law was always intended to apply to records already in existence, adding that she's open to amending the law as complications arise.\u003c/p>\n\u003cp>\"If there are appropriate adjustments, I'm open to making those,\" she said. \"But until we see it in practice, I think we can't predict what aspects of it might need appropriate adjustments.\"\u003c/p>\n\u003cp>Snyder said he expects there will be legal challenges to SB 1421 in the months ahead as the scope and extent of the new law is defined.\u003c/p>\n\u003cp>California has historically been one of the most secretive states in the country when it comes to public access to police records, dating back to the 1970s when the Legislature began shielding police disciplinary records from public view.\u003c/p>\n\u003cp>\"I'm grateful that the court issued this decision and did so promptly because this is an important law that will allow the public to see a lot of things that it wasn't able to see before,\" Snyder said. \"It's a good start to 2019.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Jan. 2: The law firm representing the sheriff's deputies' union initially misreported the date that the Los Angeles Superior Court issued a local stay. The correct date is Dec. 31, 2018, according to a clarification from the law firm, not Jan. 31, 2018, as the firm initially said.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"'This is an important law that will allow the public to see a lot of things that it wasn't able to see before,' said David Snyder, executive director of the First Amendment Coalition. 'It's a good start to 2019.'","status":"publish","parent":0,"modified":1572982284,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":815},"headData":{"title":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records | KQED","description":"'This is an important law that will allow the public to see a lot of things that it wasn't able to see before,' said David Snyder, executive director of the First Amendment Coalition. 'It's a good start to 2019.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records","datePublished":"2019-01-03T01:50:29.000Z","dateModified":"2019-11-05T19:31:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11715442 https://ww2.kqed.org/news/?p=11715442","disqusUrl":"https://ww2.kqed.org/news/2019/01/02/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records/","disqusTitle":"State Supreme Court Denies Attempt to Block New Access to Police Misconduct, Shooting Records","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/01/PoliceFilesLewistcram190103.mp3","audioTrackLength":96,"path":"/news/11715442/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records","audioDuration":99000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This report contains a clarification.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Updated 5:50 p.m. Wednesday, Jan. 2.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied an \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\">attempt\u003c/a> by a San Bernardino County sheriff's deputies' union to block public access to existing records of police misconduct and use of deadly force. Those records have for the most part been kept secret in California for decades, but that changed with a new state law that took effect on New Year's Day.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'This is an important law that will allow the public to see a lot of things that it wasn't able to see before. ... It's a good start to 2019.'\u003ccite>David Snyder,\u003cbr>\nFirst Amendment Coalition executive director\u003c/cite>\u003c/aside>\n\u003cp>Senate Bill 1421, authored by state Sen. Nancy Skinner, D-Berkeley, went into effect on Tuesday. The new law allows public access to records of sexual assault by on-duty peace officers, lying by officers on police reports or testimony, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\">A coalition of news organizations across the state\u003c/a>, including KQED, filed California Public Records Act requests with more than 300 agencies just after midnight on Jan. 1, seeking these newly available documents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many statewide law enforcement organizations opposed the law, and attorneys representing law enforcement unions throughout the state \u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">filed a petition\u003c/a> on behalf of the San Bernardino sheriff's deputies' association asking the state Supreme Court to prevent agencies from turning over any records from cases originating before Jan. 1, 2019.\u003c/p>\n\u003cp>The Supreme Court denied the petition and a related request to issue a stay, which could have stopped the release of records made public by the new law throughout the state.\u003c/p>\n\u003cp>\"Fortunately, the court saw through this last-minute effort by the police union to hamstring Senate Bill 1421,\" said David Snyder, executive director of the San Rafael-based First Amendment Coalition.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Last week, the First Amendment Coalition, the Los Angeles Times, the California News Publishers Association and KQED filed a motion to \u003ca href=\"https://www.kqed.org/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records\" target=\"_blank\" rel=\"noopener\">intervene in the case\u003c/a>, arguing that the law clearly applies to existing records. The Supreme Court also denied the motion to intervene on Wednesday, ruling it is now moot.\u003c/p>\n\u003cp>The sheriff's deputies' union expressed disappointment in a written statement issued by its president, Grant Ward.\u003c/p>\n\u003cp>\"We feel this is a statewide issue and should be considered accordingly,\" Grant said. \"As a result, we are currently seeking other legal options to protect our members.\"\u003c/p>\n\u003cp>The court did not issue a written order on the petition. That could leave some uncertainty over the law's implementation as police agencies work to produce records.\u003c/p>\n\u003cp>The law firm representing the union said the summary denial, without a formal ruling, leaves the possibility of hundreds of localized lawsuits to block the release of records throughout California.\u003c/p>\n\u003cp>\"[I]t is possible that numerous lawsuits will be pursued by peace officer labor organizations in local courts throughout the state to prevent public agencies from releasing confidential information which is prohibited by law,\" the law firm Rains, Lucia, Stern, St. Phalle & Silver said in a written statement.\u003c/p>\n\u003cp>The firm also notes a Dec. 31 ruling by the Los Angeles Superior Court, essentially granting the stay in Los Angeles that the union had sought statewide.\u003c/p>\n\u003cp>\"The legal arguments we advanced [in that case] were virtually identical to those which the Supreme Court declined to hear or consider before the issue was litigated in lower courts,\" the law firm said.\u003c/p>\n\u003cp>Skinner, the bill's author, said the law was always intended to apply to records already in existence, adding that she's open to amending the law as complications arise.\u003c/p>\n\u003cp>\"If there are appropriate adjustments, I'm open to making those,\" she said. \"But until we see it in practice, I think we can't predict what aspects of it might need appropriate adjustments.\"\u003c/p>\n\u003cp>Snyder said he expects there will be legal challenges to SB 1421 in the months ahead as the scope and extent of the new law is defined.\u003c/p>\n\u003cp>California has historically been one of the most secretive states in the country when it comes to public access to police records, dating back to the 1970s when the Legislature began shielding police disciplinary records from public view.\u003c/p>\n\u003cp>\"I'm grateful that the court issued this decision and did so promptly because this is an important law that will allow the public to see a lot of things that it wasn't able to see before,\" Snyder said. \"It's a good start to 2019.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Jan. 2: The law firm representing the sheriff's deputies' union initially misreported the date that the Los Angeles Superior Court issued a local stay. The correct date is Dec. 31, 2018, according to a clarification from the law firm, not Jan. 31, 2018, as the firm initially said.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11715442/state-supreme-court-denies-attempt-to-block-new-access-to-police-misconduct-shooting-records","authors":["8676","3206","11260"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_4540","news_548","news_25303","news_3322","news_24767","news_24725","news_4379"],"featImg":"news_11715457","label":"news_72"},"news_11714941":{"type":"posts","id":"news_11714941","meta":{"index":"posts_1591205157","site":"news","id":"11714941","score":null,"sort":[1546044269000]},"guestAuthors":[],"slug":"kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records","title":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records","publishDate":1546044269,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>Updated 6:35 p.m. Friday, Dec. 28\u003c/em>\u003c/p>\n\u003cp>A coalition of news and legal organizations, including KQED, are attempting to intervene in a case before the California Supreme Court. The media groups say they are hoping to defend access to police misconduct and serious use-of-force records set to be unsealed by a new state law on Jan. 1.\u003c/p>\n\u003cp>That new law — Senate Bill 1421 — would allow public access to records of sexual assault by on-duty law enforcement officers, lying by officers in their official duties, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court.'\u003ccite>David Snyder,\u003cbr>First Amendment Coalition Executive Director\u003c/cite>\u003c/aside>\n\u003cp>But last week, less than two weeks before it was set to go into effect, a San Bernardino County sheriff's deputies' union asked the state Supreme Court to act before New Year’s Day and block access to all existing police misconduct and major use-of-force records throughout the state.\u003c/p>\n\u003cp>That effort, led by longtime California police union law firm Rains, Lucia, Stern, St. Phalle & Silver, asserts that the law means the public should only get access to records about future police shooting and serious misconduct cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Attorney Michael Rains, who represents police unions, said the motion makes \"good arguments, frankly, to be allowed to intervene in this case,\" but he disputes the underlying arguments that the law should apply to past cases.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition led the opposition \u003ca href=\"https://firstamendmentcoalition.org/wp-content/uploads/2018/12/2018-12-28-Proposed-Intervenors-Notice-of-Motion-and-Motion-for-Leave-to-Intervene.pdf\" target=\"_blank\" rel=\"noopener\">brief filed Friday\u003c/a>, joined by the Los Angeles Times, the California News Publishers Association and KQED. The filing argues that the law was always meant to be retroactive, and that blocking access to existing records would undermine the legislature’s intent to \"promote public scrutiny of, and accountability for, law enforcement.\"\u003c/p>\n\u003cp>It's unclear when and how the Supreme Court will act on the petition, which requests emergency intervention before Jan. 1.\u003c/p>\n\u003cp>\"It's clear this is not what the Legislature intended with this sweeping and landmark legislation,\" FAC Executive Director David Snyder said in a written statement. \"Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court. The public deserves to see these records and has a legal right to do so as of January 1.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Applying the law only to future cases would \"defeat or severely constrain the purpose of the legislation, by preventing disclosure of the information necessary to determine whether particular officials have a pattern or practice of misconduct, and whether the agencies that employ them are permitting such patterns to continue,\" the motion to intervene and the supporting filings say.\u003c/p>\n\u003cp>According to the filings, the coalition of news organizations is seeking to intervene in the case to defend the public's interest in preserving transparency, accountability and access to police records. San Bernardino County, the technical target of the petition to block access to past cases, is mainly concerned with complying with the California Public Records Act, not defending SB 1421, the opposition argues.\u003c/p>\n\u003cp>San Bernardino County has not yet filed a response in the case. Rains said he expected that opposition filing this week, and it's unclear where the case stands.\u003c/p>\n\u003cp>\"This would be the time where I would hope my fellow lawyers who are justices on the Supreme Court work the weekend,\" he said, adding that he expects action from the court by Monday. \"Given the nature of the action requested and given the impact of them taking no action, I would expect they'll say something.\"\u003c/p>\n\u003cp>The news organizations are also seeking an order from the Supreme Court to bar police agencies from destroying applicable records while the court considers the petition.\u003c/p>\n\u003cp>From the filing: \"There is also a very real danger that agencies will use any additional time to shred old records of investigations into police use of force and findings of dishonesty and sexual assault, rather than be forced to disclose them.\"\u003c/p>\n\u003cp>The filing cites a Dec. 11 move by Inglewood city and police leadership to destroy internal affairs case records related to shootings and misconduct older than 5 years. The Police Department had records dating back to 1991.\u003c/p>\n\u003cp>\"The city’s decision attracted more than routine notice because of its timing and because it represented a change in city policy,\" the \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-inglewood-protest-20181223-story.html\" target=\"_blank\" rel=\"noopener\">Los Angeles Times\u003c/a>, which broke the story last week, reports. \"Until this month, Inglewood required the Police Department to retain records on shootings involving officers for 25 years after the close of an investigation. Records of other internal investigations were to be kept six years.\"\u003c/p>\n\u003cp>Finally, the opposition disputes the union's argument that state law enshrines California peace officers with heightened privacy protections.\u003c/p>\n\u003cp>\"[C]ontrary to Petitioner's contention, neither peace officer personnel records nor information obtained therefrom have ever been sacrosanct under either California constitutional or statutory law,\" the motion to intervene says.\u003c/p>\n\u003cp>The state Attorney General's Office may also defend the new law, but the office has been unclear on when, or whether, it plans to act.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The California Department of Justice defends the constitutionality of state statutes,” the Attorney General’s Office wrote in an emailed response to questions about if and when it would file in the case. “If there is a challenge to the constitutionality of SB 1421, the Attorney General's office will likely be involved in defending the statute.\"\u003c/p>\n\n","blocks":[],"excerpt":"A sheriff's deputies' union in San Bernardino County asked the state Supreme Court to block a new landmark law's application to past police misconduct and deadly force cases. KQED is part of a coalition of news and legal organizations opposing that petition.","status":"publish","parent":0,"modified":1546893007,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":962},"headData":{"title":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records | KQED","description":"A sheriff's deputies' union in San Bernardino County asked the state Supreme Court to block a new landmark law's application to past police misconduct and deadly force cases. KQED is part of a coalition of news and legal organizations opposing that petition.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records","datePublished":"2018-12-29T00:44:29.000Z","dateModified":"2019-01-07T20:30:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11714941 https://ww2.kqed.org/news/?p=11714941","disqusUrl":"https://ww2.kqed.org/news/2018/12/28/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records/","disqusTitle":"KQED Joins State Supreme Court Battle for Access to Police Misconduct, Shooting Records","path":"/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:35 p.m. Friday, Dec. 28\u003c/em>\u003c/p>\n\u003cp>A coalition of news and legal organizations, including KQED, are attempting to intervene in a case before the California Supreme Court. The media groups say they are hoping to defend access to police misconduct and serious use-of-force records set to be unsealed by a new state law on Jan. 1.\u003c/p>\n\u003cp>That new law — Senate Bill 1421 — would allow public access to records of sexual assault by on-duty law enforcement officers, lying by officers in their official duties, police shootings and any officer use of force resulting in serious injury or death.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court.'\u003ccite>David Snyder,\u003cbr>First Amendment Coalition Executive Director\u003c/cite>\u003c/aside>\n\u003cp>But last week, less than two weeks before it was set to go into effect, a San Bernardino County sheriff's deputies' union asked the state Supreme Court to act before New Year’s Day and block access to all existing police misconduct and major use-of-force records throughout the state.\u003c/p>\n\u003cp>That effort, led by longtime California police union law firm Rains, Lucia, Stern, St. Phalle & Silver, asserts that the law means the public should only get access to records about future police shooting and serious misconduct cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Attorney Michael Rains, who represents police unions, said the motion makes \"good arguments, frankly, to be allowed to intervene in this case,\" but he disputes the underlying arguments that the law should apply to past cases.\u003c/p>\n\u003cp>The San Rafael-based First Amendment Coalition led the opposition \u003ca href=\"https://firstamendmentcoalition.org/wp-content/uploads/2018/12/2018-12-28-Proposed-Intervenors-Notice-of-Motion-and-Motion-for-Leave-to-Intervene.pdf\" target=\"_blank\" rel=\"noopener\">brief filed Friday\u003c/a>, joined by the Los Angeles Times, the California News Publishers Association and KQED. The filing argues that the law was always meant to be retroactive, and that blocking access to existing records would undermine the legislature’s intent to \"promote public scrutiny of, and accountability for, law enforcement.\"\u003c/p>\n\u003cp>It's unclear when and how the Supreme Court will act on the petition, which requests emergency intervention before Jan. 1.\u003c/p>\n\u003cp>\"It's clear this is not what the Legislature intended with this sweeping and landmark legislation,\" FAC Executive Director David Snyder said in a written statement. \"Obviously, the Legislature wanted to open up police misconduct files, irrespective of when they were created. The police union's rushed and last-minute effort should be promptly denied by the Supreme Court. The public deserves to see these records and has a legal right to do so as of January 1.\"\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Lines Drawn in Fight Over Historic Unsealing of Police Records\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS34537_alt_816-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Applying the law only to future cases would \"defeat or severely constrain the purpose of the legislation, by preventing disclosure of the information necessary to determine whether particular officials have a pattern or practice of misconduct, and whether the agencies that employ them are permitting such patterns to continue,\" the motion to intervene and the supporting filings say.\u003c/p>\n\u003cp>According to the filings, the coalition of news organizations is seeking to intervene in the case to defend the public's interest in preserving transparency, accountability and access to police records. San Bernardino County, the technical target of the petition to block access to past cases, is mainly concerned with complying with the California Public Records Act, not defending SB 1421, the opposition argues.\u003c/p>\n\u003cp>San Bernardino County has not yet filed a response in the case. Rains said he expected that opposition filing this week, and it's unclear where the case stands.\u003c/p>\n\u003cp>\"This would be the time where I would hope my fellow lawyers who are justices on the Supreme Court work the weekend,\" he said, adding that he expects action from the court by Monday. \"Given the nature of the action requested and given the impact of them taking no action, I would expect they'll say something.\"\u003c/p>\n\u003cp>The news organizations are also seeking an order from the Supreme Court to bar police agencies from destroying applicable records while the court considers the petition.\u003c/p>\n\u003cp>From the filing: \"There is also a very real danger that agencies will use any additional time to shred old records of investigations into police use of force and findings of dishonesty and sexual assault, rather than be forced to disclose them.\"\u003c/p>\n\u003cp>The filing cites a Dec. 11 move by Inglewood city and police leadership to destroy internal affairs case records related to shootings and misconduct older than 5 years. The Police Department had records dating back to 1991.\u003c/p>\n\u003cp>\"The city’s decision attracted more than routine notice because of its timing and because it represented a change in city policy,\" the \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-inglewood-protest-20181223-story.html\" target=\"_blank\" rel=\"noopener\">Los Angeles Times\u003c/a>, which broke the story last week, reports. \"Until this month, Inglewood required the Police Department to retain records on shootings involving officers for 25 years after the close of an investigation. Records of other internal investigations were to be kept six years.\"\u003c/p>\n\u003cp>Finally, the opposition disputes the union's argument that state law enshrines California peace officers with heightened privacy protections.\u003c/p>\n\u003cp>\"[C]ontrary to Petitioner's contention, neither peace officer personnel records nor information obtained therefrom have ever been sacrosanct under either California constitutional or statutory law,\" the motion to intervene says.\u003c/p>\n\u003cp>The state Attorney General's Office may also defend the new law, but the office has been unclear on when, or whether, it plans to act.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The California Department of Justice defends the constitutionality of state statutes,” the Attorney General’s Office wrote in an emailed response to questions about if and when it would file in the case. “If there is a challenge to the constitutionality of SB 1421, the Attorney General's office will likely be involved in defending the statute.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11714941/kqed-joins-state-supreme-court-case-fighting-for-access-to-police-misconduct-shooting-records","authors":["3206","8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_4540","news_548","news_25303","news_3322","news_24767","news_4379"],"featImg":"news_11714943","label":"news_72"},"news_11714576":{"type":"posts","id":"news_11714576","meta":{"index":"posts_1591205157","site":"news","id":"11714576","score":null,"sort":[1545553522000]},"guestAuthors":[],"slug":"lines-drawn-in-fight-over-historic-unsealing-of-police-records","title":"Lines Drawn in Fight Over Historic Unsealing of Police Records","publishDate":1545553522,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>When a landmark police transparency law was signed by Gov. Jerry Brown in September, civil liberties groups and advocates hailed the victory, citing a history of previous failed attempts to bring light to California's entrenched secrecy around police misconduct and use of force.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">New State Laws Reduce Secrecy Around Police Misconduct, Shootings\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/RS19648_alt_431-1180x731.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>But the new law may turn out to be just part of a longer legal war. The next battle, over whether Senate Bill 1421 applies to past or only future misconduct, has already started — even before the law takes effect on Jan. 1.\u003c/p>\n\u003cp>Attorneys representing police unions throughout the state filed a petition with the California Supreme Court on Tuesday, asking for an order or other \"extraordinary relief\" before New Year's Day to block police agencies throughout the state from turning over any existing records.\u003c/p>\n\u003cp>Attorney Michael Rains argues that a law must explicitly state that it applies retroactively and that SB 1421 doesn't do that.\u003c/p>\n\u003cp>\"We believe the law is clear that it does not allow agencies to disclose personnel records that pertain to events predating Jan. 1, 2019,\" Rains said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He concedes that interpretation is different from what many police agencies throughout the state and the bill's author believe.\u003c/p>\n\u003cp>\"The main existing law that it modified is our public records act,\" state Sen. Nancy Skinner (D-Berkeley) said. \"If the record exists, then it's disclosable.\"\u003c/p>\n\u003cp>\u003cstrong>Scope of Records Disputed\u003c/strong>\u003c/p>\n\u003cp>SB 1421 says findings that a California peace officer sexually assaulted someone while on duty or lied while conducting official duties — such as falsifying a police report — should be disclosed upon request. The law also mandates that police agencies release information about officer-involved shootings and any use of force that results in great bodily injury.\u003c/p>\n\u003cp>The new law amends state laws originating in the 1970s and further interpreted in a 2006 state Supreme Court ruling that essentially blocked all access to police misconduct and disciplinary information to protect the privacy of police officers.\u003c/p>\n\u003cp>Skinner said a separate law requires agencies to maintain records substantiated misconduct and shootings for five years, and she intended her legislation to apply that far back.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003cfigure>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS22050_20161109_214441.jpg\" alt=\"\">\u003c/figure>\n\u003cp style=\"text-align: left\">KQED is part of a coalition of news organizations that plan to pursue and publish newly unsealed police misconduct and use-of-force records made public under the law that takes effect Jan. 1.\u003c/p>\n\u003c/aside>\n\u003cp>That was also Morgan Hill Police Chief David Swing's understanding of the law's intent. He's president of the California Police Chiefs Association, one of the main law enforcement groups that was at the table negotiating over SB 1421.\u003c/p>\n\u003cp>“Our understanding here in Morgan Hill is that it is retroactive, and having been involved in conversations with Sen. Skinner’s office during part of the process, I think that the intent of the law was for five years, as opposed to going back in perpetuity,” he said before the petition to the state Supreme Court was filed. He added that “agencies will make that determination on their own based on the advice of their legal counsel.”\u003c/p>\n\u003cp>After the petition was filed, Swing said in an emailed response that \"the court is the best venue\" to sort out the dispute.\u003c/p>\n\u003cp>\"Personally, I support a prospective application,\" he wrote, meaning he'd prefer not to disclose information about past cases.\u003c/p>\n\u003cp>\u003cstrong>'Hail Mary'\u003c/strong>\u003c/p>\n\u003cp>California Attorney General Xavier Becerra confirmed his office would defend the law if the state Supreme Court decides to hear the petition, but he declined to comment on any merits of the case.\u003c/p>\n\u003cp>David Snyder, an attorney and executive director of the pro-transparency First Amendment Coalition, called the recent petition a \"Hail Mary,\" \"last-ditch\" effort to undermine the new law.\u003c/p>\n\u003cp>“I think the bill is eminently clear that these records have to be made public,\" Snyder said. \"They're asking the highest court in the state to essentially say the bill is nullified in its most important provisions.”\u003c/p>\n\u003cp>But police union attorney Rains said he's confident the court will end up blocking access to past records.\u003c/p>\n\u003cp>\"We're going to have a lot of news agencies and perhaps other agencies that are going to be unhappy to be constrained not to get those records,\" he said, \"but they are not going to get them.\"\u003c/p>\n\u003cp>Whichever prediction is right, the litigation is adding uncertainty to an already murky process. And it's only one tactic aimed at narrowing or blocking records that could be released. For example, the \u003ca href=\"https://www.latimes.com/politics/essential/la-pol-ca-essential-politics-may-2018-city-of-inglewood-to-destroy-more-than-1545504782-htmlstory.html\" target=\"_blank\" rel=\"noopener\">Los Angeles Times reported\u003c/a> Saturday that the city of Inglewood plans to destroy police shooting records older than 5 years.\u003c/p>\n\u003cp>KQED informally polled several Bay Area and state law enforcement agencies, asking how they were preparing to implement the new law and for each agency's interpretation of what records will be unsealed.\u003c/p>\n\u003cp>Most seem to still be \"working to develop policy and procedure to fully implement the requirements of this important legislation,\" as a California Highway Patrol spokesman responded. No agency provided details about how it is interpreting the law.\u003c/p>\n\u003cp>But Rains said he filed the state Supreme Court petition because many agencies throughout the state had told his law firm that they planned to provide records going back at least five years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They said that it's probably just easier for them to go ahead and provide records,\" Rains said. \"It was clear to us that somebody needed to take a stance, and it was us.\"\u003c/p>\n\n","blocks":[],"excerpt":"Last-minute petition to state Supreme Court aims to block release of records when new law takes effect Jan. 1.","status":"publish","parent":0,"modified":1546892936,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":915},"headData":{"title":"Lines Drawn in Fight Over Historic Unsealing of Police Records | KQED","description":"Last-minute petition to state Supreme Court aims to block release of records when new law takes effect Jan. 1.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lines Drawn in Fight Over Historic Unsealing of Police Records","datePublished":"2018-12-23T08:25:22.000Z","dateModified":"2019-01-07T20:28:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11714576 https://ww2.kqed.org/news/?p=11714576","disqusUrl":"https://ww2.kqed.org/news/2018/12/23/lines-drawn-in-fight-over-historic-unsealing-of-police-records/","disqusTitle":"Lines Drawn in Fight Over Historic Unsealing of Police Records","path":"/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When a landmark police transparency law was signed by Gov. Jerry Brown in September, civil liberties groups and advocates hailed the victory, citing a history of previous failed attempts to bring light to California's entrenched secrecy around police misconduct and use of force.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">New State Laws Reduce Secrecy Around Police Misconduct, Shootings\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/RS19648_alt_431-1180x731.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>But the new law may turn out to be just part of a longer legal war. The next battle, over whether Senate Bill 1421 applies to past or only future misconduct, has already started — even before the law takes effect on Jan. 1.\u003c/p>\n\u003cp>Attorneys representing police unions throughout the state filed a petition with the California Supreme Court on Tuesday, asking for an order or other \"extraordinary relief\" before New Year's Day to block police agencies throughout the state from turning over any existing records.\u003c/p>\n\u003cp>Attorney Michael Rains argues that a law must explicitly state that it applies retroactively and that SB 1421 doesn't do that.\u003c/p>\n\u003cp>\"We believe the law is clear that it does not allow agencies to disclose personnel records that pertain to events predating Jan. 1, 2019,\" Rains said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He concedes that interpretation is different from what many police agencies throughout the state and the bill's author believe.\u003c/p>\n\u003cp>\"The main existing law that it modified is our public records act,\" state Sen. Nancy Skinner (D-Berkeley) said. \"If the record exists, then it's disclosable.\"\u003c/p>\n\u003cp>\u003cstrong>Scope of Records Disputed\u003c/strong>\u003c/p>\n\u003cp>SB 1421 says findings that a California peace officer sexually assaulted someone while on duty or lied while conducting official duties — such as falsifying a police report — should be disclosed upon request. The law also mandates that police agencies release information about officer-involved shootings and any use of force that results in great bodily injury.\u003c/p>\n\u003cp>The new law amends state laws originating in the 1970s and further interpreted in a 2006 state Supreme Court ruling that essentially blocked all access to police misconduct and disciplinary information to protect the privacy of police officers.\u003c/p>\n\u003cp>Skinner said a separate law requires agencies to maintain records substantiated misconduct and shootings for five years, and she intended her legislation to apply that far back.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003cfigure>\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS22050_20161109_214441.jpg\" alt=\"\">\u003c/figure>\n\u003cp style=\"text-align: left\">KQED is part of a coalition of news organizations that plan to pursue and publish newly unsealed police misconduct and use-of-force records made public under the law that takes effect Jan. 1.\u003c/p>\n\u003c/aside>\n\u003cp>That was also Morgan Hill Police Chief David Swing's understanding of the law's intent. He's president of the California Police Chiefs Association, one of the main law enforcement groups that was at the table negotiating over SB 1421.\u003c/p>\n\u003cp>“Our understanding here in Morgan Hill is that it is retroactive, and having been involved in conversations with Sen. Skinner’s office during part of the process, I think that the intent of the law was for five years, as opposed to going back in perpetuity,” he said before the petition to the state Supreme Court was filed. He added that “agencies will make that determination on their own based on the advice of their legal counsel.”\u003c/p>\n\u003cp>After the petition was filed, Swing said in an emailed response that \"the court is the best venue\" to sort out the dispute.\u003c/p>\n\u003cp>\"Personally, I support a prospective application,\" he wrote, meaning he'd prefer not to disclose information about past cases.\u003c/p>\n\u003cp>\u003cstrong>'Hail Mary'\u003c/strong>\u003c/p>\n\u003cp>California Attorney General Xavier Becerra confirmed his office would defend the law if the state Supreme Court decides to hear the petition, but he declined to comment on any merits of the case.\u003c/p>\n\u003cp>David Snyder, an attorney and executive director of the pro-transparency First Amendment Coalition, called the recent petition a \"Hail Mary,\" \"last-ditch\" effort to undermine the new law.\u003c/p>\n\u003cp>“I think the bill is eminently clear that these records have to be made public,\" Snyder said. \"They're asking the highest court in the state to essentially say the bill is nullified in its most important provisions.”\u003c/p>\n\u003cp>But police union attorney Rains said he's confident the court will end up blocking access to past records.\u003c/p>\n\u003cp>\"We're going to have a lot of news agencies and perhaps other agencies that are going to be unhappy to be constrained not to get those records,\" he said, \"but they are not going to get them.\"\u003c/p>\n\u003cp>Whichever prediction is right, the litigation is adding uncertainty to an already murky process. And it's only one tactic aimed at narrowing or blocking records that could be released. For example, the \u003ca href=\"https://www.latimes.com/politics/essential/la-pol-ca-essential-politics-may-2018-city-of-inglewood-to-destroy-more-than-1545504782-htmlstory.html\" target=\"_blank\" rel=\"noopener\">Los Angeles Times reported\u003c/a> Saturday that the city of Inglewood plans to destroy police shooting records older than 5 years.\u003c/p>\n\u003cp>KQED informally polled several Bay Area and state law enforcement agencies, asking how they were preparing to implement the new law and for each agency's interpretation of what records will be unsealed.\u003c/p>\n\u003cp>Most seem to still be \"working to develop policy and procedure to fully implement the requirements of this important legislation,\" as a California Highway Patrol spokesman responded. No agency provided details about how it is interpreting the law.\u003c/p>\n\u003cp>But Rains said he filed the state Supreme Court petition because many agencies throughout the state had told his law firm that they planned to provide records going back at least five years.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"They said that it's probably just easier for them to go ahead and provide records,\" Rains said. \"It was clear to us that somebody needed to take a stance, and it was us.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11714576/lines-drawn-in-fight-over-historic-unsealing-of-police-records","authors":["3206","8676","258","3239"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_25303","news_3322","news_24767","news_24725","news_4379"],"featImg":"news_11714578","label":"news_72"},"news_11708230":{"type":"posts","id":"news_11708230","meta":{"index":"posts_1591205157","site":"news","id":"11708230","score":null,"sort":[1543281012000]},"guestAuthors":[],"slug":"california-democrats-investigate-sex-misconduct-claims-against-chairman","title":"Chairman of California Democratic Party Taking Leave of Absence Amid Sex Misconduct Claims","publishDate":1543281012,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cstrong>Updated Monday, 5:20 p.m.\u003c/strong>\u003c/p>\n\u003cp>California Democratic Party Chairman Eric Bauman announced Monday evening that he would take a leave of absence following charges of sexual misconduct, effective immediately.\u003c/p>\n\u003cp>“After taking the holiday weekend to consider the most constructive path forward for the work of the California Democratic Party, Chair Bauman has made the decision to take a leave of absence as Party Chair effective at 5:00 pm today and through the conclusion of the independent investigation being conducted by a respected outside investigator,\" said spokesman Mike Roth in a statement.\u003c/p>\n\u003cp>According to Roth, First Vice Chair Alex Rooker will assume Bauman's duties while the investigation unfolds.\u003c/p>\n\u003cp>\u003cstrong>Original post\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The California Democratic Party is investigating allegations of sexual misconduct against chairman Eric Bauman.\u003c/p>\n\u003cp>A party vice chairman, Daraka Larimore-Hall, brought the charges against Bauman last week on behalf of anonymous accusers and called for Bauman's resignation. Larimore-Hall alleged that Bauman sexually harassed and assaulted people during party functions.\u003c/p>\n\u003cp>Larimore-Hall spoke to two accusers and a witness, the Sacramento Bee newspaper reported.\u003c/p>\n\u003cp>\"I take seriously any allegation brought forward by anyone who believes they have been caused pain,\" Bauman said Saturday in a statement announcing the investigation. \"I look forward to putting these allegations behind us and moving forward as unified Democrats.\"\u003c/p>\n\u003cp>An outside investigator is looking into the claims. Other California Democrats have already called for Bauman to be replaced, including U.S. Rep. Ro Khanna and the Orange County Young Democrats.\u003c/p>\n\u003cp>A series of sexual misconduct allegations against lawmakers, lobbyists and others in politics rocked California's political world late last year, at the height of the #MeToo movement. Three Democratic men resigned as state lawmakers after investigators hired by the Legislature found they likely engaged in inappropriate behavior.\u003c/p>\n\u003cp>In a letter to the party last week calling for Bauman's removal, Larimore-Hall said stories from Bauman's accusers illustrate a \"clear and escalating pattern\" of inappropriate behavior.\u003c/p>\n\u003cp>Larimore-Hall did not respond to a request for comment Monday from The Associated Press.\u003c/p>\n\u003cp>Bauman narrowly won the party chairmanship last year against Kimberly Ellis after a contentious battle between establishment Democrats and progressive activists.\u003c/p>\n\u003cp>During that fight, Bauman said he was falsely targeted by rumors he engaged in inappropriate behavior with teenage boys. Bauman is the party's first openly gay chairman.\u003c/p>\n\u003cp>Bauman called the rumors \"despicable lies,\" and Ellis denounced them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Party officers can be removed from office by a vote of the executive board. Larimore-Hall's call for Bauman's removal still has several steps to clear before reaching a vote.\u003c/p>\n\n","blocks":[],"excerpt":"Party vice chairman brought charges against Eric Bauman on behalf of anonymous accusers and called for his resignation.","status":"publish","parent":0,"modified":1543283331,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":436},"headData":{"title":"Chairman of California Democratic Party Taking Leave of Absence Amid Sex Misconduct Claims | KQED","description":"Party vice chairman brought charges against Eric Bauman on behalf of anonymous accusers and called for his resignation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Chairman of California Democratic Party Taking Leave of Absence Amid Sex Misconduct Claims","datePublished":"2018-11-27T01:10:12.000Z","dateModified":"2018-11-27T01:48:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11708230 https://ww2.kqed.org/news/?p=11708230","disqusUrl":"https://ww2.kqed.org/news/2018/11/26/california-democrats-investigate-sex-misconduct-claims-against-chairman/","disqusTitle":"Chairman of California Democratic Party Taking Leave of Absence Amid Sex Misconduct Claims","nprByline":"\u003cstrong>The Associated Press\u003c/strong>","path":"/news/11708230/california-democrats-investigate-sex-misconduct-claims-against-chairman","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated Monday, 5:20 p.m.\u003c/strong>\u003c/p>\n\u003cp>California Democratic Party Chairman Eric Bauman announced Monday evening that he would take a leave of absence following charges of sexual misconduct, effective immediately.\u003c/p>\n\u003cp>“After taking the holiday weekend to consider the most constructive path forward for the work of the California Democratic Party, Chair Bauman has made the decision to take a leave of absence as Party Chair effective at 5:00 pm today and through the conclusion of the independent investigation being conducted by a respected outside investigator,\" said spokesman Mike Roth in a statement.\u003c/p>\n\u003cp>According to Roth, First Vice Chair Alex Rooker will assume Bauman's duties while the investigation unfolds.\u003c/p>\n\u003cp>\u003cstrong>Original post\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The California Democratic Party is investigating allegations of sexual misconduct against chairman Eric Bauman.\u003c/p>\n\u003cp>A party vice chairman, Daraka Larimore-Hall, brought the charges against Bauman last week on behalf of anonymous accusers and called for Bauman's resignation. Larimore-Hall alleged that Bauman sexually harassed and assaulted people during party functions.\u003c/p>\n\u003cp>Larimore-Hall spoke to two accusers and a witness, the Sacramento Bee newspaper reported.\u003c/p>\n\u003cp>\"I take seriously any allegation brought forward by anyone who believes they have been caused pain,\" Bauman said Saturday in a statement announcing the investigation. \"I look forward to putting these allegations behind us and moving forward as unified Democrats.\"\u003c/p>\n\u003cp>An outside investigator is looking into the claims. Other California Democrats have already called for Bauman to be replaced, including U.S. Rep. Ro Khanna and the Orange County Young Democrats.\u003c/p>\n\u003cp>A series of sexual misconduct allegations against lawmakers, lobbyists and others in politics rocked California's political world late last year, at the height of the #MeToo movement. Three Democratic men resigned as state lawmakers after investigators hired by the Legislature found they likely engaged in inappropriate behavior.\u003c/p>\n\u003cp>In a letter to the party last week calling for Bauman's removal, Larimore-Hall said stories from Bauman's accusers illustrate a \"clear and escalating pattern\" of inappropriate behavior.\u003c/p>\n\u003cp>Larimore-Hall did not respond to a request for comment Monday from The Associated Press.\u003c/p>\n\u003cp>Bauman narrowly won the party chairmanship last year against Kimberly Ellis after a contentious battle between establishment Democrats and progressive activists.\u003c/p>\n\u003cp>During that fight, Bauman said he was falsely targeted by rumors he engaged in inappropriate behavior with teenage boys. Bauman is the party's first openly gay chairman.\u003c/p>\n\u003cp>Bauman called the rumors \"despicable lies,\" and Ellis denounced them.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Party officers can be removed from office by a vote of the executive board. Larimore-Hall's call for Bauman's removal still has several steps to clear before reaching a vote.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11708230/california-democrats-investigate-sex-misconduct-claims-against-chairman","authors":["byline_news_11708230"],"programs":["news_72"],"categories":["news_8","news_13"],"tags":["news_20156","news_22632","news_3322","news_20618","news_17041"],"featImg":"news_11708235","label":"news_72"},"news_144930":{"type":"posts","id":"news_144930","meta":{"index":"posts_1591205157","site":"news","id":"144930","score":null,"sort":[1408197631000]},"guestAuthors":[],"slug":"judge-orders-probe-into-reinstatement-of-fired-oakland-police-officers","title":"Judge Orders Probe Into Reinstatement of Fired Oakland Police Officers","publishDate":1408197631,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_122860\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar.jpg\">\u003cimg class=\"size-medium wp-image-122860\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar-640x449.jpg\" alt=\"Oakland police on patrol. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"449\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oakland police on patrol. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163345736&color=ff5500&inverse=false&auto_play=false&show_user=true\">\u003c/iframe>\u003c/p>\n\u003cp>A federal judge is ordering a wide-ranging investigation into why two Oakland police officers disciplined for misconduct won their cases on appeal and got their jobs back. U.S. District Judge Thelton Henderson wrote that discipline is worthless if it is not carried out.\u003c/p>\n\u003cp>\"Because imposition of discipline is meaningless if it is not final, the Monitor and the Court must consider whether discipline is upheld at the highest level, most often arbitration,\" wrote Henderson, whose order was issued Thursday.\u003c/p>\n\u003cp>He cited two cases. One was the \u003ca href=\"http://sanfrancisco.cbslocal.com/2014/07/31/407627-robert-roche-scott-olsen/\" target=\"_blank\">recent reinstatement of Officer Robert Roche\u003c/a>, who was fired for lobbing a tear gas canister into a crowd of Occupy Oakland protesters who were trying to help Iraq War veteran Scott Olsen in October 2011 after he'd been struck in the head by a police projectile.\u003c/p>\n\u003cp>Oakland has \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_26339892/judge-orders-investigation-into-oaklands-police-arbitration-losses\" target=\"_blank\">prevailed only three times\u003c/a> out of the last 15 arbitration cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>When an officer is fired by the police review board, the police union can appeal the decision by going to an arbitrator. That person then acts as a judge, hears both sides of the case and decides whether the officer can return to duty. Two weeks ago, arbitrator David Stiteler overturned the police department's termination of Roche and ordered him reinstated with back pay.\u003c/p>\n\u003cp>In 2011, \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_17552820?nclick_check=1\" target=\"_blank\">Officer Hector Jimenez was also ordered back\u003c/a> on the job by an arbitrator after being fired for shooting an unarmed suspect in the back.\u003c/p>\n\u003cp>This is not an uncommon problem, says Professor David Harris, an expert in police misconduct at the University of Pittsburgh School of Law.\u003c/p>\n\u003cp>\"I hear this complaint almost more often than any other from police leaders. 'I fired the guy, he did this, I fired him and I got him back. I can't get rid of these officers,' \" Harris said.\u003c/p>\n\u003cp>Sometimes the city does not build strong enough cases at arbitration hearings.\u003c/p>\n\u003cp>\"If the city that is involved in these things does not put enough evidence in front of the arbitrator, the arbitrator has to come out for the police officer,\" Harris said.\u003c/p>\n\u003cp>It's rare that an arbitration decision can be overturned. But Oakland is in a unusual situation. Since 2003 the Oakland Police Department has been under court order to reform after the Riders police brutality case, in which four officers were accused of beating and framing suspects in West Oakland.\u003c/p>\n\u003cp>Henderson ordered court-appointed federal monitor Robert Warshaw to investigate why police review board decisions are being frequently overturned. The judge also questioned whether the city is providing adequate counsel and bringing the appropriate witnesses.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Judge Orders Investigation into Reinstated Oakland Police on Scribd\" href=\"http://www.scribd.com/doc/236934693/Judge-Orders-Investigation-into-Reinstated-Oakland-Police\">Judge Orders Investigation into Reinstated Oakland Police\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_66175\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/236934693/content?start_page=1&view_mode=scroll&access_key=key-o7J9KV7wkV3R2GFIor9D&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Tara Siler contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"City has prevailed only three times out of last 15 cases in which arbitrator heard appeal from the union.","status":"publish","parent":0,"modified":1408152048,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":461},"headData":{"title":"Judge Orders Probe Into Reinstatement of Fired Oakland Police Officers | KQED","description":"City has prevailed only three times out of last 15 cases in which arbitrator heard appeal from the union.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Orders Probe Into Reinstatement of Fired Oakland Police Officers","datePublished":"2014-08-16T14:00:31.000Z","dateModified":"2014-08-16T01:20:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"144930 http://ww2.kqed.org/news/?p=144930","disqusUrl":"https://ww2.kqed.org/news/2014/08/16/judge-orders-probe-into-reinstatement-of-fired-oakland-police-officers/","disqusTitle":"Judge Orders Probe Into Reinstatement of Fired Oakland Police Officers","customPermalink":"2014/08/16/judge-orders-probe-reinstatement-fired-oakland-police-officers/","path":"/news/144930/judge-orders-probe-into-reinstatement-of-fired-oakland-police-officers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_122860\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar.jpg\">\u003cimg class=\"size-medium wp-image-122860\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/01/RS5947_OaklandPoliceCar-640x449.jpg\" alt=\"Oakland police on patrol. (Justin Sullivan/Getty Images)\" width=\"640\" height=\"449\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Oakland police on patrol. (Justin Sullivan/Getty Images) \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ciframe width=\"100%\" height=\"20\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/163345736&color=ff5500&inverse=false&auto_play=false&show_user=true\">\u003c/iframe>\u003c/p>\n\u003cp>A federal judge is ordering a wide-ranging investigation into why two Oakland police officers disciplined for misconduct won their cases on appeal and got their jobs back. U.S. District Judge Thelton Henderson wrote that discipline is worthless if it is not carried out.\u003c/p>\n\u003cp>\"Because imposition of discipline is meaningless if it is not final, the Monitor and the Court must consider whether discipline is upheld at the highest level, most often arbitration,\" wrote Henderson, whose order was issued Thursday.\u003c/p>\n\u003cp>He cited two cases. One was the \u003ca href=\"http://sanfrancisco.cbslocal.com/2014/07/31/407627-robert-roche-scott-olsen/\" target=\"_blank\">recent reinstatement of Officer Robert Roche\u003c/a>, who was fired for lobbing a tear gas canister into a crowd of Occupy Oakland protesters who were trying to help Iraq War veteran Scott Olsen in October 2011 after he'd been struck in the head by a police projectile.\u003c/p>\n\u003cp>Oakland has \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_26339892/judge-orders-investigation-into-oaklands-police-arbitration-losses\" target=\"_blank\">prevailed only three times\u003c/a> out of the last 15 arbitration cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>When an officer is fired by the police review board, the police union can appeal the decision by going to an arbitrator. That person then acts as a judge, hears both sides of the case and decides whether the officer can return to duty. Two weeks ago, arbitrator David Stiteler overturned the police department's termination of Roche and ordered him reinstated with back pay.\u003c/p>\n\u003cp>In 2011, \u003ca href=\"http://www.mercurynews.com/breaking-news/ci_17552820?nclick_check=1\" target=\"_blank\">Officer Hector Jimenez was also ordered back\u003c/a> on the job by an arbitrator after being fired for shooting an unarmed suspect in the back.\u003c/p>\n\u003cp>This is not an uncommon problem, says Professor David Harris, an expert in police misconduct at the University of Pittsburgh School of Law.\u003c/p>\n\u003cp>\"I hear this complaint almost more often than any other from police leaders. 'I fired the guy, he did this, I fired him and I got him back. I can't get rid of these officers,' \" Harris said.\u003c/p>\n\u003cp>Sometimes the city does not build strong enough cases at arbitration hearings.\u003c/p>\n\u003cp>\"If the city that is involved in these things does not put enough evidence in front of the arbitrator, the arbitrator has to come out for the police officer,\" Harris said.\u003c/p>\n\u003cp>It's rare that an arbitration decision can be overturned. But Oakland is in a unusual situation. Since 2003 the Oakland Police Department has been under court order to reform after the Riders police brutality case, in which four officers were accused of beating and framing suspects in West Oakland.\u003c/p>\n\u003cp>Henderson ordered court-appointed federal monitor Robert Warshaw to investigate why police review board decisions are being frequently overturned. The judge also questioned whether the city is providing adequate counsel and bringing the appropriate witnesses.\u003c/p>\n\u003cp style=\"margin: 12px auto 6px auto;font-family: Helvetica,Arial,Sans-serif;font-style: normal;font-variant: normal;font-weight: normal;font-size: 14px;line-height: normal\">\u003ca style=\"text-decoration: underline\" title=\"View Judge Orders Investigation into Reinstated Oakland Police on Scribd\" href=\"http://www.scribd.com/doc/236934693/Judge-Orders-Investigation-into-Reinstated-Oakland-Police\">Judge Orders Investigation into Reinstated Oakland Police\u003c/a> by \u003ca style=\"text-decoration: underline\" title=\"View KQED News's profile on Scribd\" href=\"http://www.scribd.com/KQED_News\">KQED News\u003c/a>\u003c/p>\n\u003cp>\u003ciframe id=\"doc_66175\" class=\"scribd_iframe_embed\" src=\"//www.scribd.com/embeds/236934693/content?start_page=1&view_mode=scroll&access_key=key-o7J9KV7wkV3R2GFIor9D&show_recommendations=false\" width=\"640\" height=\"853\" frameborder=\"0\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Tara Siler contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/144930/judge-orders-probe-into-reinstatement-of-fired-oakland-police-officers","authors":["199"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_3322","news_416"],"featImg":"news_122860","label":"news_6944"},"news_78212":{"type":"posts","id":"news_78212","meta":{"index":"posts_1591205157","site":"news","id":"78212","score":null,"sort":[1350074601000]},"guestAuthors":[],"slug":"oakland-chief-disciplines-officers-for-occupy-protest-misconduct","title":"Oakland Police Officers Disciplined for Occupy Protest Misconduct","publishDate":1350074601,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_78237\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130-300x199.jpg\" alt=\"\" title=\"Police officers stand their ground to su\" width=\"300\" height=\"199\" class=\"size-medium wp-image-78237\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Police officers stand their ground to surround protesters from Occupy Oakland during a march on January 28, 2012. (Kimihiro Hoshino/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND, Calif. (AP) — Two police officers should be fired and another 42 officers disciplined for misconduct during the Occupy Oakland protests that turned violent late last year and in January, city leaders said Friday.\u003c/p>\n\u003cp>The early findings come from a police internal affairs investigation triggered by more than 1,100 complaints issued against officers following the three major protests, police Chief Howard Jordan said.\u003c/p>\n\u003cp>An internal affairs investigation has found that 44 officers committed some sort of misconduct, ranging from use of excessive force to failing to turn on their tiny video cameras attached to their uniforms, Jordan said.\u003c/p>\n\u003cp>Jordan recommended that the two officers be fired, another one demoted and 15 others suspended. Another 23 officers were given written reprimands and three others were ordered to undergo counseling and training, Jordan said.\u003c/p>\n\u003cp>\"I've taken action to hold them accountable,\" he said at a briefing for several reporters. \"Because in the end, I want our officers to exercise good constitutional policing.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nIn June, an independent study reported that police were ill-equipped to handle a violent protest on Oct. 25 because of inadequate staffing, poor planning and training.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The protest came hours after officers cleared Occupy Oakland's encampment in front of City Hall. Police fired tear gas canisters and beanbag projectiles and some demonstrators threw glass and other objects.\u003c/p>\n\u003cp>Critics and residents complained about the police response that night, most notably after protester Scott Olsen was struck by a police beanbag and received a fractured skull that resulted in a brain injury and speech problems.\u003c/p>\n\u003cp>With Mayor Jean Quan and City Administrator Deanna Santana alongside, Jordan acknowledged Friday that an Oakland police officer fired a bean bag at Olsen and that another officer fired a gas canister at the crowd while some were attending to Olsen, who lay bleeding on the street.\u003c/p>\n\u003cp>Olsen, an Iraqi war veteran, is considering a lawsuit against the city.\u003c/p>\n\u003cp>\"I think it's gratifying that the authorities in Oakland are taking some meaningful action,\" his lawyer, Mark Martel, said Friday.\u003c/p>\n\u003cp>Friday's announcement also comes a week after lawyers overseeing the terms of a settlement resulting from a decade-old Oakland police corruption scandal filed a motion requesting that the federal government take over the embattled department. A hearing is scheduled in December.\u003c/p>\n\u003cp>City officials say the majority of the misconduct occurred during three major Occupy-related protests. That includes after officers cleared an encampment on Oct. 25 outside City Hall and a \"General Strike\" on Nov. 2 that attracted several thousand people and led to a shutdown of the Port of Oakland.\u003c/p>\n\u003cp>A third protest on Jan. 28 turned violent and led to more than 400 arrests after protesters damaged property inside City Hall, burned an American flag and tried taking over a vacant convention center.\u003c/p>\n\u003cp>Complaints have led to about 150 different cases, and a number of those cases have turned into criminal investigations that are being handled by the Alameda County District Attorney's office and the FBI, Jordan said.\u003c/p>\n\u003cp>City officials wouldn't release the names of the officers who are being disciplined, citing confidentiality. The two officers facing possible termination were on paid leave and the others facing suspension haven't been disciplined. They all have a right to a hearing under state law, Jordan said.\u003c/p>\n\u003cp>Quan said she believes that many will be \"surprised\" by the number of disciplinary actions that have been recommended.\u003c/p>\n\u003cp>\"Following the Oct. 25 protest, I apologized because we had made mistakes,\" the mayor said. \"We have some officers who have not followed correct procedures and in many cases we had to retrain them on that. Most officers follow the rules.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jordan said those corrections were evident during a May 1 protest that resulted in nine complaints against the police. None of those complaints has led to a finding of misconduct.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1350087374,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":664},"headData":{"title":"Oakland Police Officers Disciplined for Occupy Protest Misconduct | KQED","description":"OAKLAND, Calif. (AP) — Two police officers should be fired and another 42 officers disciplined for misconduct during the Occupy Oakland protests that turned violent late last year and in January, city leaders said Friday. The early findings come from a police internal affairs investigation triggered by more than 1,100 complaints issued against officers following","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Oakland Police Officers Disciplined for Occupy Protest Misconduct","datePublished":"2012-10-12T20:43:21.000Z","dateModified":"2012-10-13T00:16:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"78212 http://ww2.kqed.org/news/?p=78212","disqusUrl":"https://ww2.kqed.org/news/2012/10/12/oakland-chief-disciplines-officers-for-occupy-protest-misconduct/","disqusTitle":"Oakland Police Officers Disciplined for Occupy Protest Misconduct","path":"/news/78212/oakland-chief-disciplines-officers-for-occupy-protest-misconduct","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_78237\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/10/occupy-20120130-300x199.jpg\" alt=\"\" title=\"Police officers stand their ground to su\" width=\"300\" height=\"199\" class=\"size-medium wp-image-78237\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Police officers stand their ground to surround protesters from Occupy Oakland during a march on January 28, 2012. (Kimihiro Hoshino/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>OAKLAND, Calif. (AP) — Two police officers should be fired and another 42 officers disciplined for misconduct during the Occupy Oakland protests that turned violent late last year and in January, city leaders said Friday.\u003c/p>\n\u003cp>The early findings come from a police internal affairs investigation triggered by more than 1,100 complaints issued against officers following the three major protests, police Chief Howard Jordan said.\u003c/p>\n\u003cp>An internal affairs investigation has found that 44 officers committed some sort of misconduct, ranging from use of excessive force to failing to turn on their tiny video cameras attached to their uniforms, Jordan said.\u003c/p>\n\u003cp>Jordan recommended that the two officers be fired, another one demoted and 15 others suspended. Another 23 officers were given written reprimands and three others were ordered to undergo counseling and training, Jordan said.\u003c/p>\n\u003cp>\"I've taken action to hold them accountable,\" he said at a briefing for several reporters. \"Because in the end, I want our officers to exercise good constitutional policing.\"\u003cbr>\n\u003c!--more-->\u003cbr>\nIn June, an independent study reported that police were ill-equipped to handle a violent protest on Oct. 25 because of inadequate staffing, poor planning and training.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The protest came hours after officers cleared Occupy Oakland's encampment in front of City Hall. Police fired tear gas canisters and beanbag projectiles and some demonstrators threw glass and other objects.\u003c/p>\n\u003cp>Critics and residents complained about the police response that night, most notably after protester Scott Olsen was struck by a police beanbag and received a fractured skull that resulted in a brain injury and speech problems.\u003c/p>\n\u003cp>With Mayor Jean Quan and City Administrator Deanna Santana alongside, Jordan acknowledged Friday that an Oakland police officer fired a bean bag at Olsen and that another officer fired a gas canister at the crowd while some were attending to Olsen, who lay bleeding on the street.\u003c/p>\n\u003cp>Olsen, an Iraqi war veteran, is considering a lawsuit against the city.\u003c/p>\n\u003cp>\"I think it's gratifying that the authorities in Oakland are taking some meaningful action,\" his lawyer, Mark Martel, said Friday.\u003c/p>\n\u003cp>Friday's announcement also comes a week after lawyers overseeing the terms of a settlement resulting from a decade-old Oakland police corruption scandal filed a motion requesting that the federal government take over the embattled department. A hearing is scheduled in December.\u003c/p>\n\u003cp>City officials say the majority of the misconduct occurred during three major Occupy-related protests. That includes after officers cleared an encampment on Oct. 25 outside City Hall and a \"General Strike\" on Nov. 2 that attracted several thousand people and led to a shutdown of the Port of Oakland.\u003c/p>\n\u003cp>A third protest on Jan. 28 turned violent and led to more than 400 arrests after protesters damaged property inside City Hall, burned an American flag and tried taking over a vacant convention center.\u003c/p>\n\u003cp>Complaints have led to about 150 different cases, and a number of those cases have turned into criminal investigations that are being handled by the Alameda County District Attorney's office and the FBI, Jordan said.\u003c/p>\n\u003cp>City officials wouldn't release the names of the officers who are being disciplined, citing confidentiality. The two officers facing possible termination were on paid leave and the others facing suspension haven't been disciplined. They all have a right to a hearing under state law, Jordan said.\u003c/p>\n\u003cp>Quan said she believes that many will be \"surprised\" by the number of disciplinary actions that have been recommended.\u003c/p>\n\u003cp>\"Following the Oct. 25 protest, I apologized because we had made mistakes,\" the mayor said. \"We have some officers who have not followed correct procedures and in many cases we had to retrain them on that. Most officers follow the rules.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jordan said those corrections were evident during a May 1 protest that resulted in nine complaints against the police. None of those complaints has led to a finding of misconduct.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/78212/oakland-chief-disciplines-officers-for-occupy-protest-misconduct","authors":["237"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_3322","news_18","news_2083","news_1963","news_116","news_1100","news_830"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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