SFPD text messaging scandalSFPD text messaging scandal
S.F. Police Officer Sentenced to 30 Months for Robbing Two Banks
Bank Robbery the Latest in Series of Charges Against SFPD Officer
High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case
Appellate Court Rules Against S.F. Officers in Racist Texting Case
As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far
New Details of Racist S.F. Police Texts Made Public
SFPD Racist Texts, Official Bickering Prompt New Calls for State or Federal Intervention
SFPD's Latest Racist Texting Scandal: Who Knew What and When?
More SFPD Officers Sent Bigoted Text Messages, Even During 'Textgate' Scandal
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He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"cveltman":{"type":"authors","id":"8608","meta":{"index":"authors_1591205172","id":"8608","found":true},"name":"Chloe Veltman","firstName":"Chloe","lastName":"Veltman","slug":"cveltman","email":"cveltman@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Arts and Culture Reporter","bio":"Chloe Veltman is a former arts and culture reporter for KQED. Prior to joining the organization, she launched and led the arts bureau at Colorado Public Radio, served as the Bay Area's culture columnist for the New York Times, and was the founder, host and executive producer of VoiceBox, a national award-winning weekly podcast/radio show and live events series all about the human voice. Chloe is the recipient of numerous prizes, grants and fellowships including a Webby Award for her work on interactive storytelling, both the John S Knight Journalism Fellowship and Humanities Center Fellowship at Stanford University, the Sundance Arts Writing Fellowship and a Library of Congress Research Fellowship. She is the author of the book \"On Acting\" and has appeared as a guest lecturer at Yale University and the San Francisco Conservatory of Music among other institutions. She holds a BA in english literature from King's College, Cambridge, and a Masters in Dramaturgy from the Central School of Speech and Drama/Harvard Institute for Advanced Theater Training.\r\n\u003ca href=\"https://www.chloeveltman.com\">www.chloeveltman.com\u003c/a>","avatar":"https://secure.gravatar.com/avatar/55403394b00a1ddab683952c2eb2cf85?s=600&d=blank&r=g","twitter":"chloeveltman","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["administrator"]},{"site":"news","roles":["author"]},{"site":"pop","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Chloe Veltman | KQED","description":"Arts and Culture Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/55403394b00a1ddab683952c2eb2cf85?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/55403394b00a1ddab683952c2eb2cf85?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/cveltman"},"katewolffe":{"type":"authors","id":"11523","meta":{"index":"authors_1591205172","id":"11523","found":true},"name":"Kate Wolffe","firstName":"Kate","lastName":"Wolffe","slug":"katewolffe","email":"kwolffe@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Reporter + Weekend Host","bio":"Kate Wolffe reports on local Bay Area happenings for KQED, and hosts the news on weekend afternoons. She joined KQED in 2018 as an intern on the Forum team, before moving to cover topics ranging from politics to criminal justice to homelessness. A Bay Area native and UC Berkeley graduate, Kate loves to discover new corners of the region.","avatar":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g","twitter":"katewolffe","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["author","edit_others_posts"]},{"site":"forum","roles":["editor"]}],"headData":{"title":"Kate Wolffe | KQED","description":"KQED Reporter + Weekend Host","ogImgSrc":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/22455f14db824a03ee252f73052fe939?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/katewolffe"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11751329":{"type":"posts","id":"news_11751329","meta":{"index":"posts_1591205157","site":"news","id":"11751329","score":null,"sort":[1559265081000]},"guestAuthors":[],"slug":"s-f-police-officer-sentenced-to-30-months-for-robbing-two-banks","title":"S.F. Police Officer Sentenced to 30 Months for Robbing Two Banks","publishDate":1559265081,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A San Francisco police officer was sentenced in federal court Thursday to two years, six months in prison for robbing two banks in the city late last year.\u003c/p>\n\u003cp>Rain Daugherty pleaded guilty in February to robbing banks in the Sunset and Richmond districts of a total of $10,500.[aside postID='news_11692066,news_11667077' label='SFPD Racist Text Messages' heroLink='https://www.kqed.org/news/tag/sfpd-text-messaging-scandal']\u003c/p>\n\u003cp>U.S. District Judge William Orrick presided over the case, and ordered him to pay back the two banks he robbed, and to serve an additional three years of probation.\u003c/p>\n\u003cp>Daugherty is one of several SFPD officers that were suspended in the fallout of a \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" rel=\"noopener\" target=\"_blank\">racist text messaging\u003c/a> scandal that rocked the department in 2015. He has yet to be formally disciplined in that case, however, and remains a San Francisco police officer.\u003c/p>\n\u003cp>Daugherty’s attorney, Elizabeth Falk, said the criminal actions he committed are a result of an opioid addiction. She said he was living in his car at the time of the robberies and had hit “rock bottom.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This is the exact kind of case that shows that drug addiction can really affect anyone,” she said. \u003c/p>\n\u003cp>However, the prosecution said that Daugherty’s addiction isn’t an excuse, arguing that many addicts do not rob banks. They advocated for a three-year sentence. The defense had requested 12 to 24 months. The maximum sentence Daugherty could have received was 20 years. \u003c/p>\n\u003cfigure id=\"attachment_11751355\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/RainDaugherty-800x852.jpg\" alt=\"Rain Daugherty is still facing charges in San Mateo County for allegedly stealing $13,000 from an elderly man with dementia.\" width=\"800\" height=\"852\" class=\"size-medium wp-image-11751355\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/RainDaugherty.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RainDaugherty-160x170.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Rain Daugherty is still facing charges in San Mateo County for allegedly stealing $13,000 from an elderly man with dementia. \u003ccite>(Courtesy of San Mateo County District Attorney's Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The former officer is also still awaiting trial in San Mateo Superior Court on charges that he stole $13,000 from an elderly man with dementia.\u003c/p>\n\u003cp>Court documents show that the officer was indicted on Jan. 10 for the Nov. 29 robbery at the East West Bank in Sunset District and the Dec. 13 robbery at the Cathay Bank in the Richmond District. \u003c/p>\n\u003cp>Orrick thanked the friends and family of Daugherty that had gathered in the courthouse and written letters attesting to his character. The judge told the former officer to rely on his support system in the future and take advantage of vocational training while incarcerated.\u003c/p>\n\u003cp>“You won’t be going back into law enforcement, but there are so many things that you can do to be a positive force in your community,” Orrick said. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>According to an SFPD spokesperson, Daugherty is on unpaid suspension pending discipline by the city's Police Commission.\u003c/p>\n\n","blocks":[],"excerpt":"Rain Daugherty is one of several SFPD officers that were suspended in the fallout of a text messaging scandal that rocked the department in 2015.","status":"publish","parent":0,"modified":1559265081,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":438},"headData":{"title":"S.F. Police Officer Sentenced to 30 Months for Robbing Two Banks | KQED","description":"Rain Daugherty is one of several SFPD officers that were suspended in the fallout of a text messaging scandal that rocked the department in 2015.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11751329 https://ww2.kqed.org/news/?p=11751329","disqusUrl":"https://ww2.kqed.org/news/2019/05/30/s-f-police-officer-sentenced-to-30-months-for-robbing-two-banks/","disqusTitle":"S.F. Police Officer Sentenced to 30 Months for Robbing Two Banks","path":"/news/11751329/s-f-police-officer-sentenced-to-30-months-for-robbing-two-banks","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco police officer was sentenced in federal court Thursday to two years, six months in prison for robbing two banks in the city late last year.\u003c/p>\n\u003cp>Rain Daugherty pleaded guilty in February to robbing banks in the Sunset and Richmond districts of a total of $10,500.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11692066,news_11667077","label":"SFPD Racist Text Messages ","herolink":"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S. District Judge William Orrick presided over the case, and ordered him to pay back the two banks he robbed, and to serve an additional three years of probation.\u003c/p>\n\u003cp>Daugherty is one of several SFPD officers that were suspended in the fallout of a \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" rel=\"noopener\" target=\"_blank\">racist text messaging\u003c/a> scandal that rocked the department in 2015. He has yet to be formally disciplined in that case, however, and remains a San Francisco police officer.\u003c/p>\n\u003cp>Daugherty’s attorney, Elizabeth Falk, said the criminal actions he committed are a result of an opioid addiction. She said he was living in his car at the time of the robberies and had hit “rock bottom.”\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>“This is the exact kind of case that shows that drug addiction can really affect anyone,” she said. \u003c/p>\n\u003cp>However, the prosecution said that Daugherty’s addiction isn’t an excuse, arguing that many addicts do not rob banks. They advocated for a three-year sentence. The defense had requested 12 to 24 months. The maximum sentence Daugherty could have received was 20 years. \u003c/p>\n\u003cfigure id=\"attachment_11751355\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/05/RainDaugherty-800x852.jpg\" alt=\"Rain Daugherty is still facing charges in San Mateo County for allegedly stealing $13,000 from an elderly man with dementia.\" width=\"800\" height=\"852\" class=\"size-medium wp-image-11751355\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/05/RainDaugherty.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/05/RainDaugherty-160x170.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Rain Daugherty is still facing charges in San Mateo County for allegedly stealing $13,000 from an elderly man with dementia. \u003ccite>(Courtesy of San Mateo County District Attorney's Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The former officer is also still awaiting trial in San Mateo Superior Court on charges that he stole $13,000 from an elderly man with dementia.\u003c/p>\n\u003cp>Court documents show that the officer was indicted on Jan. 10 for the Nov. 29 robbery at the East West Bank in Sunset District and the Dec. 13 robbery at the Cathay Bank in the Richmond District. \u003c/p>\n\u003cp>Orrick thanked the friends and family of Daugherty that had gathered in the courthouse and written letters attesting to his character. The judge told the former officer to rely on his support system in the future and take advantage of vocational training while incarcerated.\u003c/p>\n\u003cp>“You won’t be going back into law enforcement, but there are so many things that you can do to be a positive force in your community,” Orrick said. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>According to an SFPD spokesperson, Daugherty is on unpaid suspension pending discipline by the city's Police Commission.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11751329/s-f-police-officer-sentenced-to-30-months-for-robbing-two-banks","authors":["11523"],"categories":["news_6188","news_8"],"tags":["news_24716","news_545","news_17945"],"featImg":"news_11751352","label":"news"},"news_11714185":{"type":"posts","id":"news_11714185","meta":{"index":"posts_1591205157","site":"news","id":"11714185","score":null,"sort":[1545353360000]},"guestAuthors":[],"slug":"bank-robbery-the-latest-in-series-of-charges-against-sfpd-officer","title":"Bank Robbery the Latest in Series of Charges Against SFPD Officer","publishDate":1545353360,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A San Francisco police officer arrested and charged by federal prosecutors earlier this week with robbing a bank in the city’s Sunset neighborhood was already under investigation for multiple crimes.\u003c/p>\n\u003cp>Long before Officer Rain Daugherty allegedly got away with $9,050 in cash from the East West Bank on Irving Street on Nov. 29, he was under investigation for \u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\" target=\"_blank\" rel=\"noopener\">trading racist text messages\u003c/a> with fellow members of the San Francisco Police Department. That case is ongoing.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\">Appellate Court Rules Against S.F. Officers in Racist Texting Case\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS30856_alt_720-1-1180x910.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>More recently, the 44-year-old was arrested in San Mateo County for drug possession and stealing $24,000 from an elderly neighbor in Burlingame for whom he was running occasional errands.\u003c/p>\n\u003cp>According to the San Mateo County District Attorney's Office, Daugherty posted $100,000 in bail in August, and has a preliminary hearing scheduled for February 2019.\u003c/p>\n\u003cp>Attorney Alison Berry Wilkinson has been representing Daugherty on the text message case since 2015. She's one of three lawyers working with the currently suspended police officer on these three separate cases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Daugherty could face up to 20 years in prison if convicted of the bank robbery charges.\u003c/p>\n\u003cp>Wilkinson said the latest allegations against her client took her by surprise.\u003c/p>\n\u003cp>\"He was an excellent police officer,\" Wilkinson said. \"And the types of things that he is alleged to have done were inconsistent with the information I had about his dedication to law enforcement.\"\u003c/p>\n\u003cp>Daugherty has been on \"unpaid status\" with the police force since July. Police chief Bill Scott said Daugherty hasn't yet been fired because he has the right to due process.\u003c/p>\n\u003cp>\"We just can't arbitrarily release people without due process,\" Scott said.\u003c/p>\n\u003cp>Scott also expressed sadness at the latest allegations against Daugherty.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Just like we say of anybody that we have to deal with who has committed a crime, these are all human beings we're talking about,\" Scott said. \"There is a human component to this, and it’s really heartbreaking to see a police officer be in that position.\"\u003c/p>\n\n","blocks":[],"excerpt":"Long before Rain Daugherty allegedly got away with $9,050 in cash from the East West Bank on Irving Street, he was under investigation for trading racist text messages with fellow officers.","status":"publish","parent":0,"modified":1545432756,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":349},"headData":{"title":"Bank Robbery the Latest in Series of Charges Against SFPD Officer | KQED","description":"Long before Rain Daugherty allegedly got away with $9,050 in cash from the East West Bank on Irving Street, he was under investigation for trading racist text messages with fellow officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11714185 https://ww2.kqed.org/news/?p=11714185","disqusUrl":"https://ww2.kqed.org/news/2018/12/20/bank-robbery-the-latest-in-series-of-charges-against-sfpd-officer/","disqusTitle":"Bank Robbery the Latest in Series of Charges Against SFPD Officer","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/12/VeltmanSFPDDaughertyFolo.mp3","audioTrackLength":80,"path":"/news/11714185/bank-robbery-the-latest-in-series-of-charges-against-sfpd-officer","audioDuration":67000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco police officer arrested and charged by federal prosecutors earlier this week with robbing a bank in the city’s Sunset neighborhood was already under investigation for multiple crimes.\u003c/p>\n\u003cp>Long before Officer Rain Daugherty allegedly got away with $9,050 in cash from the East West Bank on Irving Street on Nov. 29, he was under investigation for \u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\" target=\"_blank\" rel=\"noopener\">trading racist text messages\u003c/a> with fellow members of the San Francisco Police Department. That case is ongoing.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\">Appellate Court Rules Against S.F. Officers in Racist Texting Case\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/RS30856_alt_720-1-1180x910.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>More recently, the 44-year-old was arrested in San Mateo County for drug possession and stealing $24,000 from an elderly neighbor in Burlingame for whom he was running occasional errands.\u003c/p>\n\u003cp>According to the San Mateo County District Attorney's Office, Daugherty posted $100,000 in bail in August, and has a preliminary hearing scheduled for February 2019.\u003c/p>\n\u003cp>Attorney Alison Berry Wilkinson has been representing Daugherty on the text message case since 2015. She's one of three lawyers working with the currently suspended police officer on these three separate 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>Daugherty could face up to 20 years in prison if convicted of the bank robbery charges.\u003c/p>\n\u003cp>Wilkinson said the latest allegations against her client took her by surprise.\u003c/p>\n\u003cp>\"He was an excellent police officer,\" Wilkinson said. \"And the types of things that he is alleged to have done were inconsistent with the information I had about his dedication to law enforcement.\"\u003c/p>\n\u003cp>Daugherty has been on \"unpaid status\" with the police force since July. Police chief Bill Scott said Daugherty hasn't yet been fired because he has the right to due process.\u003c/p>\n\u003cp>\"We just can't arbitrarily release people without due process,\" Scott said.\u003c/p>\n\u003cp>Scott also expressed sadness at the latest allegations against Daugherty.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Just like we say of anybody that we have to deal with who has committed a crime, these are all human beings we're talking about,\" Scott said. \"There is a human component to this, and it’s really heartbreaking to see a police officer be in that position.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11714185/bank-robbery-the-latest-in-series-of-charges-against-sfpd-officer","authors":["8608"],"categories":["news_6188","news_8"],"tags":["news_24716","news_38","news_20331","news_17945"],"featImg":"news_11714212","label":"news"},"news_11692066":{"type":"posts","id":"news_11692066","meta":{"index":"posts_1591205157","site":"news","id":"11692066","score":null,"sort":[1536800003000]},"guestAuthors":[],"slug":"high-court-denies-sfpd-officers-attempt-to-avoid-discipline-in-racist-texting-case","title":"High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case","publishDate":1536800003,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>Updated Wednesday, 8:45 p.m.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied the latest legal attempt by nine San Francisco police officers to avoid discipline for swapping racist, sexist and homophobic text messages in 2011 and 2012.\u003c/p>\n\u003cp>The summary denial marks the end of legal challenges that kept the officers \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">on the city's payroll\u003c/a> since the texts were made public in a 2015 federal court filing.\u003c/p>\n\u003cp>Former Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in favor\u003c/a> of the officers in late 2015, finding the Police Department sat on the texts for over two years, blowing a one-year statute of limitations for officer discipline.\u003c/p>\n\u003cp>According to a sample of the \u003ca href=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant.html#document/p1\" target=\"_blank\" rel=\"noopener\">texts\u003c/a> made public, officers sent sometimes violently racist messages that used racial slurs and referenced cross burning and white power.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>They also swapped sexist, homophobic and otherwise offensive texts with \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">former SFPD Sgt. Ian Furminger\u003c/a>, who was convicted in late 2014 of federal corruption charges.\u003c/p>\n\u003cp>San Francisco appealed Goldsmith's ruling, arguing that the statute of limitations paused until Furminger's sentence. A state appellate panel \u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\" target=\"_blank\" rel=\"noopener\">agreed with the city\u003c/a> in May, and the Supreme Court on Wednesday denied the officer's petition to overturn that ruling.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">The SFPD Text Messaging Scandal\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2015/06/RS14516_475371681-qut-1440x961.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"Police should not have to compromise a criminal case in order to discipline officers accused of appalling behavior, like these text messages revealing prejudice against the very communities our officers are sworn to protect,\" City Attorney Denis Herrera said in a written statement Wednesday.\u003c/p>\n\u003cp>\"Officers accused of misconduct don’t get a free pass just because their texts came to light during a corruption investigation. That is not what the law says, and it would make no sense. Now these officers can answer to the Police Commission.\"\u003c/p>\n\u003cp>The officers' lead attorney, Alison Berry Wilkinson, said the officers can't fight the city's right to discipline them any further.\u003c/p>\n\u003cp>\"With the denial of the petition for review, all legal avenues to challenge the proposed disciplinary actions have been exhausted,\" Wilkinson said in an emailed response. \"The matter will now return to the Police Commission to consider each individual discipline case on the merits.\"\u003c/p>\n\u003cp>Though the city was prevented from firing the officers, their text messages rippled through San Francisco's criminal justice system, prompting a review of thousands of criminal cases that involved testimony or other participation from the officers.\u003c/p>\n\u003cp>The district attorney also \u003ca href=\"https://www.kqed.org/news/11017027/panel-finds-sfpd-code-of-silence-outsized-influence-of-police-union\" target=\"_blank\" rel=\"noopener\">convened a panel\u003c/a> of retired judges to review the Police Department, a precursor to a \u003ca href=\"https://www.kqed.org/news/10851435/feds-launching-comprehensive-review-of-s-f-police-department\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of SFPD launched in 2016.\u003c/p>\n\u003cp>Among \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">272 recommendations\u003c/a> issued by the U.S. Department of Justice that are guiding ongoing reform of the Police Department was automated audits of officers' communications for racist or otherwise biased language. The audit flagged 70 text messages, 5,611 emails and 35 entries into a law enforcement database in the second quarter of this year, according to a \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/Documents/PoliceCommission/PoliceCommission090518-ElectronicDeviceBiasAudit2ndQ2018.pdf\" target=\"_blank\" rel=\"noopener\">recent report\u003c/a> to the Police Commission.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Each message was reviewed and determined to be a false positive, the Police Department reported, because the audit captures potentially inappropriate words contained within innocuous words, as well as communications from the public and from informants.\u003c/p>\n\n","blocks":[],"excerpt":"The California Supreme Court's summary denial marks the end of legal challenges that kept the officers on the city's payroll since the texts were made public in 2015.","status":"publish","parent":0,"modified":1536810396,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":523},"headData":{"title":"High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case | KQED","description":"The California Supreme Court's summary denial marks the end of legal challenges that kept the officers on the city's payroll since the texts were made public in 2015.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11692066 https://ww2.kqed.org/news/?p=11692066","disqusUrl":"https://ww2.kqed.org/news/2018/09/12/high-court-denies-sfpd-officers-attempt-to-avoid-discipline-in-racist-texting-case/","disqusTitle":"High Court Denies SFPD Officers' Attempt to Avoid Discipline in Racist Texting Case","path":"/news/11692066/high-court-denies-sfpd-officers-attempt-to-avoid-discipline-in-racist-texting-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Wednesday, 8:45 p.m.\u003c/em>\u003c/p>\n\u003cp>The California Supreme Court on Wednesday denied the latest legal attempt by nine San Francisco police officers to avoid discipline for swapping racist, sexist and homophobic text messages in 2011 and 2012.\u003c/p>\n\u003cp>The summary denial marks the end of legal challenges that kept the officers \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">on the city's payroll\u003c/a> since the texts were made public in a 2015 federal court filing.\u003c/p>\n\u003cp>Former Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in favor\u003c/a> of the officers in late 2015, finding the Police Department sat on the texts for over two years, blowing a one-year statute of limitations for officer discipline.\u003c/p>\n\u003cp>According to a sample of the \u003ca href=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant.html#document/p1\" target=\"_blank\" rel=\"noopener\">texts\u003c/a> made public, officers sent sometimes violently racist messages that used racial slurs and referenced cross burning and white power.\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>They also swapped sexist, homophobic and otherwise offensive texts with \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">former SFPD Sgt. Ian Furminger\u003c/a>, who was convicted in late 2014 of federal corruption charges.\u003c/p>\n\u003cp>San Francisco appealed Goldsmith's ruling, arguing that the statute of limitations paused until Furminger's sentence. A state appellate panel \u003ca href=\"https://www.kqed.org/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case\" target=\"_blank\" rel=\"noopener\">agreed with the city\u003c/a> in May, and the Supreme Court on Wednesday denied the officer's petition to overturn that ruling.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">The SFPD Text Messaging Scandal\u003c/a>\u003c/h3>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\">\u003cimg src=\"https://ww2.kqed.org/wp-content/uploads/sites/10/2015/06/RS14516_475371681-qut-1440x961.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>\"Police should not have to compromise a criminal case in order to discipline officers accused of appalling behavior, like these text messages revealing prejudice against the very communities our officers are sworn to protect,\" City Attorney Denis Herrera said in a written statement Wednesday.\u003c/p>\n\u003cp>\"Officers accused of misconduct don’t get a free pass just because their texts came to light during a corruption investigation. That is not what the law says, and it would make no sense. Now these officers can answer to the Police Commission.\"\u003c/p>\n\u003cp>The officers' lead attorney, Alison Berry Wilkinson, said the officers can't fight the city's right to discipline them any further.\u003c/p>\n\u003cp>\"With the denial of the petition for review, all legal avenues to challenge the proposed disciplinary actions have been exhausted,\" Wilkinson said in an emailed response. \"The matter will now return to the Police Commission to consider each individual discipline case on the merits.\"\u003c/p>\n\u003cp>Though the city was prevented from firing the officers, their text messages rippled through San Francisco's criminal justice system, prompting a review of thousands of criminal cases that involved testimony or other participation from the officers.\u003c/p>\n\u003cp>The district attorney also \u003ca href=\"https://www.kqed.org/news/11017027/panel-finds-sfpd-code-of-silence-outsized-influence-of-police-union\" target=\"_blank\" rel=\"noopener\">convened a panel\u003c/a> of retired judges to review the Police Department, a precursor to a \u003ca href=\"https://www.kqed.org/news/10851435/feds-launching-comprehensive-review-of-s-f-police-department\" target=\"_blank\" rel=\"noopener\">federal review\u003c/a> of SFPD launched in 2016.\u003c/p>\n\u003cp>Among \u003ca href=\"https://www.kqed.org/news/11126015/federal-review-of-sfpd-finds-major-faults-in-every-area-assessed\" target=\"_blank\" rel=\"noopener\">272 recommendations\u003c/a> issued by the U.S. Department of Justice that are guiding ongoing reform of the Police Department was automated audits of officers' communications for racist or otherwise biased language. The audit flagged 70 text messages, 5,611 emails and 35 entries into a law enforcement database in the second quarter of this year, according to a \u003ca href=\"http://sanfranciscopolice.org/sites/default/files/Documents/PoliceCommission/PoliceCommission090518-ElectronicDeviceBiasAudit2ndQ2018.pdf\" target=\"_blank\" rel=\"noopener\">recent report\u003c/a> to the Police Commission.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Each message was reviewed and determined to be a false positive, the Police Department reported, because the audit captures potentially inappropriate words contained within innocuous words, as well as communications from the public and from informants.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11692066/high-court-denies-sfpd-officers-attempt-to-avoid-discipline-in-racist-texting-case","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8","news_248"],"tags":["news_548","news_19542","news_22681","news_19216","news_38","news_545","news_20088","news_17945"],"featImg":"news_11692071","label":"news_72"},"news_11671641":{"type":"posts","id":"news_11671641","meta":{"index":"posts_1591205157","site":"news","id":"11671641","score":null,"sort":[1527735981000]},"guestAuthors":[],"slug":"appellate-court-rules-against-s-f-officers-in-racist-texting-case","title":"Appellate Court Rules Against S.F. Officers in Racist Texting Case","publishDate":1527735981,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A state appellate court ruled Wednesday against nine San Francisco police officers who sent \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">violently racist text messages\u003c/a>, finding the city can now seek to fire or otherwise discipline them more than three years after some of their \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">texts became public\u003c/a>.\u003c/p>\n\u003cp>\"There is no doubt that the public’s interest in the integrity of SFPD was undermined by the offensive text messages,\" \u003ca href=\"https://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion.html\" target=\"_blank\" rel=\"noopener\">the opinion\u003c/a> by Associate Justice Martin J. Jenkins says. \"The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.\"\u003c/p>\n\u003cp>The messages refer to black people as \"animals\" and advocate violence against them. They reference \"white power\" and cross burning, among derogatory statements about women and other racial minorities.\u003c/p>\n\u003cp>They were all discovered during searches of former San Francisco Police Department Sgt. \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Ian Furminger\u003c/a>'s cellphone in late 2012, when a joint investigation between federal authorities and SFPD into a cadre of corrupt cops was already underway.\u003c/p>\n\u003cp>Interspersed among the thousands of pages of texts -- some involving a criminal conspiracy to rob defendants, steal property and deal drugs -- were the messages below, first made public in a federal court filing in March 2015.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/\"]\u003c/p>\n\u003cp>But whether those messages should lead to firing for a police officer was never in dispute. Instead, Officer Rain Daugherty and eight others identified via messages on Furminger's phone \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> in May 2015 that the Police Department had allowed a one-year statute of limitations for investigating police misconduct to lapse. They said SFPD officers investigating Furminger in partnership with the FBI and U.S. Attorney's Office were aware of the texts almost three years earlier.\u003c/p>\n\u003cp>But the Police Department, and \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">later the city\u003c/a>, has consistently argued that the officers participating in that criminal investigation were bound to secrecy by federal investigators, and the statue of limitations should toll -- or pause -- during that criminal investigation and prosecution.\u003c/p>\n\u003cp>An SFPD lieutenant said a federal prosecutor \"actually threatened to charge me if I released any information,\" according to the appellate ruling, \"so I didn't.\"\u003c/p>\n\u003cp>The statue of limitations argument was good enough for former San Francisco Superior Court Judge Ernest Goldsmith, though, who \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in the officers' favor\u003c/a> in late 2015, and \u003ca href=\"http://www.sfexaminer.com/136621-2/\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> soon after that.\u003c/p>\n\u003cp>That ruling kept officers who the city wanted to fire on the payroll for nearly three years -- \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">collecting at least $2 million\u003c/a> in pay, not including benefits, according to the lead deputy city attorney on the case.\u003c/p>\n\u003cp>\"We were derailed by an opinion in the Superior Court that we had to go all the way to the Court of Appeal and argue to reverse,\" Deputy City Attorney Kenneth Walczak said Wednesday evening, after he'd just read the appellate opinion. \"So hopefully we’re on the right track now and headed back to the Police Commission so that these officers can finally face discipline for these appalling text messages.\"\u003c/p>\n\u003cp>In their ruling Wednesday, appellate judges parsed the officers' arguments about the statute of limitations and another provision of state law that pauses that timer when police misconduct in question is the \"subject\" of a criminal investigation.\u003c/p>\n\u003cp>Goldsmith found SFPD officers working with federal investigators had the ability to initiate disciplinary charges for the bigoted text messages, and any argument that those messages were part of a criminal investigation was moot because they didn't end up being part of the prosecution.\u003c/p>\n\u003cp>Appellate judges found Goldsmith's conclusions \"were erroneous as a matter of law or not supported by substantial evidence.\"\u003c/p>\n\u003cp>\"[W]e conclude that respondents' text messaging misconduct was a 'subject' of the criminal investigation and prosecution,\" the opinion says.\u003c/p>\n\u003cblockquote>\u003cp>\"Notably, this was a criminal conspiracy case in which the investigators sought to ascertain the full scope of the conspiracy by identifying persons of interest, gathering information on them, and winnowing the list down as each individual’s involvement became clear. The text messages were a key investigative tool to aid in this effort because the investigators knew that Furminger, the central figure in the corruption scheme, conducted criminal activity via text messaging. Respondents’ text messages were obtained through search warrants of Furminger’s cellphone, and corruption investigators examined the text messages obtained by the search warrants for evidence of Furminger’s relationships, associates and accomplices.\"\u003c/p>\u003c/blockquote>\n\u003cp>The appellate court also cited common sense in its ruling, masked in legal language, of course.\u003c/p>\n\u003cp>\"In interpreting statutory language, 'we may reasonably infer that the legislators intended an interpretation producing practical and workable results rather than one resulting in mischief or absurdity,'\" Jenkins wrote, citing a 2008 state appellate case. \"It would result in mischief to interpret [a section of the Public Safety Officers Procedural Bill of Rights Act] as requiring SFPD to initiate a disciplinary investigation that would have revealed the existence of respondents' text messages and risked compromising the corruption investigation.\"\u003c/p>\n\u003cp>City Attorney Dennis Herrera applauded the ruling.\u003c/p>\n\u003cp>\"We’re very pleased the court found that police officials do not have to compromise a criminal investigation in order to pursue discipline against officers accused of abhorrent behavior,\" Herrera said in a written statement. \"Forcing public officials to choose between the two would have made a mockery of justice.\"\u003c/p>\n\u003cp>The saga of just how difficult it may be to terminate a police officer for explicit racism isn't over yet, though. This legal battle was just to allow San Francisco's Police Commission to hold closed-door hearings, where the officers are entitled to make a case and be represented by their attorneys, who were provided three years ago by their union, the San Francisco Police Officers Association. Once the ruling is finalized, those hearings can go forward.\u003c/p>\n\u003cp>But even before that happens, the officers could appeal again to the California Supreme Court.\u003c/p>\n\u003cp>Alison Berry Wilkinson, who represents Rain Daugherty and is the lead attorney for the other eight officers, said in an emailed response Wednesday that the option for a Supreme Court appeal \"will be evaluated in due course.\"\u003c/p>\n\u003cp>\"This matter may continue to pend without a final resolution for some time,\" she wrote.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[documentcloud url=\"http://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion/\"]\u003c/p>\n\n","blocks":[],"excerpt":"'The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect,' Associate Justice Martin J. Jenkins wrote in a ruling that may pave the way to fire or otherwise discipline nine officers who swapped violently racist and bigoted text messages.","status":"publish","parent":0,"modified":1527805211,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1038},"headData":{"title":"Appellate Court Rules Against S.F. Officers in Racist Texting Case | KQED","description":"'The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect,' Associate Justice Martin J. Jenkins wrote in a ruling that may pave the way to fire or otherwise discipline nine officers who swapped violently racist and bigoted text messages.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11671641 https://ww2.kqed.org/news/?p=11671641","disqusUrl":"https://ww2.kqed.org/news/2018/05/30/appellate-court-rules-against-s-f-officers-in-racist-texting-case/","disqusTitle":"Appellate Court Rules Against S.F. Officers in Racist Texting Case","path":"/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A state appellate court ruled Wednesday against nine San Francisco police officers who sent \u003ca href=\"https://www.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">violently racist text messages\u003c/a>, finding the city can now seek to fire or otherwise discipline them more than three years after some of their \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">texts became public\u003c/a>.\u003c/p>\n\u003cp>\"There is no doubt that the public’s interest in the integrity of SFPD was undermined by the offensive text messages,\" \u003ca href=\"https://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion.html\" target=\"_blank\" rel=\"noopener\">the opinion\u003c/a> by Associate Justice Martin J. Jenkins says. \"The attitudes reflected in these messages displayed unacceptable prejudice against members of the communities SFPD is sworn to protect.\"\u003c/p>\n\u003cp>The messages refer to black people as \"animals\" and advocate violence against them. They reference \"white power\" and cross burning, among derogatory statements about women and other racial minorities.\u003c/p>\n\u003cp>They were all discovered during searches of former San Francisco Police Department Sgt. \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Ian Furminger\u003c/a>'s cellphone in late 2012, when a joint investigation between federal authorities and SFPD into a cadre of corrupt cops was already underway.\u003c/p>\n\u003cp>Interspersed among the thousands of pages of texts -- some involving a criminal conspiracy to rob defendants, steal property and deal drugs -- were the messages below, first made public in a federal court filing in March 2015.\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>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But whether those messages should lead to firing for a police officer was never in dispute. Instead, Officer Rain Daugherty and eight others identified via messages on Furminger's phone \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">argued\u003c/a> in May 2015 that the Police Department had allowed a one-year statute of limitations for investigating police misconduct to lapse. They said SFPD officers investigating Furminger in partnership with the FBI and U.S. Attorney's Office were aware of the texts almost three years earlier.\u003c/p>\n\u003cp>But the Police Department, and \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">later the city\u003c/a>, has consistently argued that the officers participating in that criminal investigation were bound to secrecy by federal investigators, and the statue of limitations should toll -- or pause -- during that criminal investigation and prosecution.\u003c/p>\n\u003cp>An SFPD lieutenant said a federal prosecutor \"actually threatened to charge me if I released any information,\" according to the appellate ruling, \"so I didn't.\"\u003c/p>\n\u003cp>The statue of limitations argument was good enough for former San Francisco Superior Court Judge Ernest Goldsmith, though, who \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">ruled in the officers' favor\u003c/a> in late 2015, and \u003ca href=\"http://www.sfexaminer.com/136621-2/\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> soon after that.\u003c/p>\n\u003cp>That ruling kept officers who the city wanted to fire on the payroll for nearly three years -- \u003ca href=\"https://www.kqed.org/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far\" target=\"_blank\" rel=\"noopener\">collecting at least $2 million\u003c/a> in pay, not including benefits, according to the lead deputy city attorney on the case.\u003c/p>\n\u003cp>\"We were derailed by an opinion in the Superior Court that we had to go all the way to the Court of Appeal and argue to reverse,\" Deputy City Attorney Kenneth Walczak said Wednesday evening, after he'd just read the appellate opinion. \"So hopefully we’re on the right track now and headed back to the Police Commission so that these officers can finally face discipline for these appalling text messages.\"\u003c/p>\n\u003cp>In their ruling Wednesday, appellate judges parsed the officers' arguments about the statute of limitations and another provision of state law that pauses that timer when police misconduct in question is the \"subject\" of a criminal investigation.\u003c/p>\n\u003cp>Goldsmith found SFPD officers working with federal investigators had the ability to initiate disciplinary charges for the bigoted text messages, and any argument that those messages were part of a criminal investigation was moot because they didn't end up being part of the prosecution.\u003c/p>\n\u003cp>Appellate judges found Goldsmith's conclusions \"were erroneous as a matter of law or not supported by substantial evidence.\"\u003c/p>\n\u003cp>\"[W]e conclude that respondents' text messaging misconduct was a 'subject' of the criminal investigation and prosecution,\" the opinion says.\u003c/p>\n\u003cblockquote>\u003cp>\"Notably, this was a criminal conspiracy case in which the investigators sought to ascertain the full scope of the conspiracy by identifying persons of interest, gathering information on them, and winnowing the list down as each individual’s involvement became clear. The text messages were a key investigative tool to aid in this effort because the investigators knew that Furminger, the central figure in the corruption scheme, conducted criminal activity via text messaging. Respondents’ text messages were obtained through search warrants of Furminger’s cellphone, and corruption investigators examined the text messages obtained by the search warrants for evidence of Furminger’s relationships, associates and accomplices.\"\u003c/p>\u003c/blockquote>\n\u003cp>The appellate court also cited common sense in its ruling, masked in legal language, of course.\u003c/p>\n\u003cp>\"In interpreting statutory language, 'we may reasonably infer that the legislators intended an interpretation producing practical and workable results rather than one resulting in mischief or absurdity,'\" Jenkins wrote, citing a 2008 state appellate case. \"It would result in mischief to interpret [a section of the Public Safety Officers Procedural Bill of Rights Act] as requiring SFPD to initiate a disciplinary investigation that would have revealed the existence of respondents' text messages and risked compromising the corruption investigation.\"\u003c/p>\n\u003cp>City Attorney Dennis Herrera applauded the ruling.\u003c/p>\n\u003cp>\"We’re very pleased the court found that police officials do not have to compromise a criminal investigation in order to pursue discipline against officers accused of abhorrent behavior,\" Herrera said in a written statement. \"Forcing public officials to choose between the two would have made a mockery of justice.\"\u003c/p>\n\u003cp>The saga of just how difficult it may be to terminate a police officer for explicit racism isn't over yet, though. This legal battle was just to allow San Francisco's Police Commission to hold closed-door hearings, where the officers are entitled to make a case and be represented by their attorneys, who were provided three years ago by their union, the San Francisco Police Officers Association. Once the ruling is finalized, those hearings can go forward.\u003c/p>\n\u003cp>But even before that happens, the officers could appeal again to the California Supreme Court.\u003c/p>\n\u003cp>Alison Berry Wilkinson, who represents Rain Daugherty and is the lead attorney for the other eight officers, said in an emailed response Wednesday that the option for a Supreme Court appeal \"will be evaluated in due course.\"\u003c/p>\n\u003cp>\"This matter may continue to pend without a final resolution for some time,\" she wrote.\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>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"http://www.documentcloud.org/documents/4489347-A145863-Daugherty-Opinion/","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11671641/appellate-court-rules-against-s-f-officers-in-racist-texting-case","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_19542","news_545","news_17945"],"featImg":"news_11671647","label":"news_72"},"news_11667077":{"type":"posts","id":"news_11667077","meta":{"index":"posts_1591205157","site":"news","id":"11667077","score":null,"sort":[1525902156000]},"guestAuthors":[],"slug":"as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far","title":"As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far","publishDate":1525902156,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A group of San Francisco police officers who exchanged text messages peppered with racist, homophobic, sexist and other bigoted language have racked up more than $2 million in pay since a Superior Court judge ordered them back on the city's payroll in 2015, according to the deputy city attorney who argued an appeal of that ruling on Wednesday.\u003c/p>\n\u003cp>Some of the \u003ca href=\"https://www.kqed.org/news/10476086/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">14 officers\u003c/a> implicated in a search of convicted former SFPD Sgt. Ian Furminger's cellphone \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> in the days following the publication of some of the texts in a March 2015 federal \u003ca href=\"https://www.scribd.com/document/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\" rel=\"noopener\">court filing\u003c/a>.\u003c/p>\n\u003cp>But nine officers -- backed by their union and led by named plaintiff Rain Daugherty -- \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Police Department's move to discipline them. The department, their \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">attorneys argued\u003c/a> in court, blew through the state's one-year statute of limitations for responding to police misconduct by failing to act on the offending text messages for approximately three years while a federal investigation of \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Furminger\u003c/a> ran its course.\u003c/p>\n\u003cp>\"The law in our reading of it doesn’t prevent anything that the city did,\" Deputy City Attorney Kenneth Walczak said in an interview Tuesday as he prepared to argue San Francisco's position before the state's 1st District Court of Appeal.\u003c/p>\n\u003cp>\"The Superior Court was wrong here because it started that clock without accounting for the criminal investigation that led the department to discover the racist texts.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/\"]\u003c/p>\n\u003cp>Walczak said the law in question -- the Public Safety Officers Procedural Bill of Rights Act -- has explicit provisions that pause the statute of limitations for a criminal investigation.\u003c/p>\n\u003cp>Now-retired Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">didn't buy that argument\u003c/a> in late 2015, finding the text messages in question \"were not the subject of a criminal investigation.\"\u003c/p>\n\u003cp>\"The city is trying to piggyback on the Furminger investigation,\" Goldsmith said before making his final ruling in the case -- prohibiting the department from disciplining the officers and solidifying his earlier ruling that has kept them on the city's payroll.\u003c/p>\n\u003cp>Attorneys representing the officers point out that two SFPD lieutenants were aware of the text messages within the statute of limitations but didn't initiate a disciplinary probe, despite moving on other alleged misconduct discovered during the criminal investigation.\u003c/p>\n\u003cp>\"Twice during the joint investigation, Lieutenant [Jerome] DeFilippo exercised his authority to initiate misconduct investigations as a result of information obtained,\" says a brief opposing the city's appeal by attorney Alison Berry Wilkinson. \"Neither of the investigations Lieutenant DeFilippo initiated during the joint corruption investigation involved the text messages.\"\u003c/p>\n\u003cp>Another SFPD lieutenant had no problem with the officers remaining on the streets and testifying in court, according to the brief, \"despite knowing the character of the text messages.\"\u003c/p>\n\u003cp>\"Lieutenant [Michelle] Jean was not concerned with this misconduct because she had worked with each of the [officers], knew them to be good, effective police officers, and had never seen any of them act or enforce the laws in a racist, homophobic, or anti-Semitic manner,\" the brief says.\u003c/p>\n\u003cp>Deputy City Attorney Walczak said he's confident the appellate court will rule in San Francisco's favor, effectively allowing the nine officers to go through a closed-door disciplinary process before the Police Commission, where they will be allowed to further argue their case.\u003c/p>\n\u003cp>\"I think there is a cost to the city, both financially, paying officers who might have faced termination or might otherwise have been disciplined for this,\" Walczak said. \"But at the same time there’s also a cost in terms of the credibility of the department.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The appellate court is expected to issue a ruling within three months.\u003c/p>\n\n","blocks":[],"excerpt":"City challenges decision that blocked Police Department discipline of officers implicated in exchanging racist and homophobic messages. ","status":"publish","parent":0,"modified":1527535255,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":617},"headData":{"title":"As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far | KQED","description":"City challenges decision that blocked Police Department discipline of officers implicated in exchanging racist and homophobic messages. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11667077 https://ww2.kqed.org/news/?p=11667077","disqusUrl":"https://ww2.kqed.org/news/2018/05/09/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far/","disqusTitle":"As S.F. Appeals 'Textgate' Ruling, Accused Cops Collect Pay – At Least $2 Million So Far","path":"/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of San Francisco police officers who exchanged text messages peppered with racist, homophobic, sexist and other bigoted language have racked up more than $2 million in pay since a Superior Court judge ordered them back on the city's payroll in 2015, according to the deputy city attorney who argued an appeal of that ruling on Wednesday.\u003c/p>\n\u003cp>Some of the \u003ca href=\"https://www.kqed.org/news/10476086/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">14 officers\u003c/a> implicated in a search of convicted former SFPD Sgt. Ian Furminger's cellphone \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">resigned\u003c/a> in the days following the publication of some of the texts in a March 2015 federal \u003ca href=\"https://www.scribd.com/document/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\" rel=\"noopener\">court filing\u003c/a>.\u003c/p>\n\u003cp>But nine officers -- backed by their union and led by named plaintiff Rain Daugherty -- \u003ca href=\"https://www.kqed.org/news/10523204/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Police Department's move to discipline them. The department, their \u003ca href=\"https://www.kqed.org/news/10573322/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\" rel=\"noopener\">attorneys argued\u003c/a> in court, blew through the state's one-year statute of limitations for responding to police misconduct by failing to act on the offending text messages for approximately three years while a federal investigation of \u003ca href=\"https://www.kqed.org/news/10441338/ex-sfpd-sergeant-sentenced-in-federal-corruption-case\" target=\"_blank\" rel=\"noopener\">Furminger\u003c/a> ran its course.\u003c/p>\n\u003cp>\"The law in our reading of it doesn’t prevent anything that the city did,\" Deputy City Attorney Kenneth Walczak said in an interview Tuesday as he prepared to argue San Francisco's position before the state's 1st District Court of Appeal.\u003c/p>\n\u003cp>\"The Superior Court was wrong here because it started that clock without accounting for the criminal investigation that led the department to discover the racist texts.\"\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>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/4454517-Attachment-Government-Opposition-to-Defendant/","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Walczak said the law in question -- the Public Safety Officers Procedural Bill of Rights Act -- has explicit provisions that pause the statute of limitations for a criminal investigation.\u003c/p>\n\u003cp>Now-retired Superior Court Judge Ernest Goldsmith \u003ca href=\"https://www.kqed.org/news/10798240/judge-nears-ruling-on-s-f-cops-who-sent-bigoted-texts\" target=\"_blank\" rel=\"noopener\">didn't buy that argument\u003c/a> in late 2015, finding the text messages in question \"were not the subject of a criminal investigation.\"\u003c/p>\n\u003cp>\"The city is trying to piggyback on the Furminger investigation,\" Goldsmith said before making his final ruling in the case -- prohibiting the department from disciplining the officers and solidifying his earlier ruling that has kept them on the city's payroll.\u003c/p>\n\u003cp>Attorneys representing the officers point out that two SFPD lieutenants were aware of the text messages within the statute of limitations but didn't initiate a disciplinary probe, despite moving on other alleged misconduct discovered during the criminal investigation.\u003c/p>\n\u003cp>\"Twice during the joint investigation, Lieutenant [Jerome] DeFilippo exercised his authority to initiate misconduct investigations as a result of information obtained,\" says a brief opposing the city's appeal by attorney Alison Berry Wilkinson. \"Neither of the investigations Lieutenant DeFilippo initiated during the joint corruption investigation involved the text messages.\"\u003c/p>\n\u003cp>Another SFPD lieutenant had no problem with the officers remaining on the streets and testifying in court, according to the brief, \"despite knowing the character of the text messages.\"\u003c/p>\n\u003cp>\"Lieutenant [Michelle] Jean was not concerned with this misconduct because she had worked with each of the [officers], knew them to be good, effective police officers, and had never seen any of them act or enforce the laws in a racist, homophobic, or anti-Semitic manner,\" the brief says.\u003c/p>\n\u003cp>Deputy City Attorney Walczak said he's confident the appellate court will rule in San Francisco's favor, effectively allowing the nine officers to go through a closed-door disciplinary process before the Police Commission, where they will be allowed to further argue their case.\u003c/p>\n\u003cp>\"I think there is a cost to the city, both financially, paying officers who might have faced termination or might otherwise have been disciplined for this,\" Walczak said. \"But at the same time there’s also a cost in terms of the credibility of the department.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The appellate court is expected to issue a ruling within three months.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11667077/as-s-f-appeals-textgate-ruling-accused-cops-collect-pay-at-least-2-million-so-far","authors":["3206"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_545","news_17945"],"featImg":"news_11667092","label":"news_72"},"news_10939962":{"type":"posts","id":"news_10939962","meta":{"index":"posts_1591205157","site":"news","id":"10939962","score":null,"sort":[1461711575000]},"guestAuthors":[],"slug":"new-details-of-racist-s-f-police-texts-made-public","title":"New Details of Racist S.F. Police Texts Made Public","publishDate":1461711575,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Texts recovered from a San Francisco police officer's cellphone during a \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">sexual assault investigation\u003c/a> last year contained racist messages describing African-Americans as \"barbarians\" and \"wild animals,\" as well as derogatory descriptions of gay police officers.\u003c/p>\n\u003cp>Former Officer Jason Lai, who worked out of the department's Taraval Station and resigned earlier this month, also texted racist slurs for Latinos, opined that \"Indian ppl are disgusting\" and compared an apparent homeless person to a cockroach who \"won't die.\"\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi released some of the text messages (\u003ca href=\"#texts\">read below\u003c/a>) Tuesday that were recovered from Lai's cellphone during an SFPD internal affairs investigation. Investigators \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-arrested-following-internal-affairs-probe\" target=\"_blank\">concluded there was insufficient evidence\u003c/a> to prove that Lai raped a woman at her home, as she alleged, but he was charged last month with six misdemeanors for unlawfully possessing and misusing confidential records.\u003c/p>\n\u003cp>“This is Officer Lai’s mindset,\" Adachi said at a press conference. \"And it shows a person who very casually makes racist and derogatory comments, talks about injury to the citizens that he is supposed to be serving. And most disturbingly, I think he does it in a way which to him seems to hold no consequences.”\u003c/p>\n\u003cp>Police Department investigators \u003ca href=\"https://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when\" target=\"_blank\">turned over records\u003c/a> from Lai's cellphone -- as well as those from former Taraval Station Sgt. Curtis Liu and other officers implicated in the probe -- to the San Francisco District Attorney's Office in November. Prosecutors discovered the offensive texts among 44,000 pages of cellphone records in late March, when District Attorney George Gascón publicly \u003ca href=\"https://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">announced their existence\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignright\">'This is Officer Lai’s mindset. And it shows a person who very casually makes racist and derogatory comments, talks about injury to the citizens that he is supposed to be serving.'\u003ccite>S.F. Public Defender Jeff Adachi\u003c/cite>\u003c/aside>\n\u003cp>In the messages Adachi released Tuesday, Lai also joked about “a story I wrote today” as he shared a draft incident report about a rape investigation. In his text message, he referred to the apparent victim as “an idiot.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Don't go to the house of some Hispanic guy and black guy that you don't know,\" an unidentified person texted Lai in an apparent response. \"Don't drink with them and don't go into the bedroom with them and this shit wouldn't have happened.\"\u003c/p>\n\u003cp>\"Lol amen,\" Lai responded.\u003c/p>\n\u003cp>Adachi said Lai's messages show not only that bigotry is widespread in the Police Department, but also that Lai's prejudice affected his work.\u003c/p>\n\u003cp>“The Police Department has said, ‘Well, these are just statements that are being made off the cuff and opinions that are being thrown out there,' \" Adachi said. \"No, these are directly connected to the feelings that this officer has about the people that he’s serving and more particularly about people that he interacts with every day.”\u003c/p>\n\u003cp>The texts could also have far-reaching legal implications.\u003c/p>\n\u003cp>Overt prejudice can impact ongoing and previous criminal prosecutions if defendants can show an officer's bias made them an unfair target for arrest or stretched probable cause. The public defender's office has identified at least 207 cases in which Lai, Liu and a \u003ca href=\"http://www.sfgate.com/bayarea/article/News-set-of-SF-cops-implicated-in-racist-and-7221066.php\" target=\"_blank\">third officer\u003c/a> who allegedly swapped inappropriate texts, Keith Ybarreta, participated. Like Lai and Liu, Ybarreta has also left the SFPD. A fourth officer was implicated, according to the Police Department, but has not been publicly identified. The officer has been suspended, and his or her case is pending before the Police Commission.\u003c/p>\n\u003cp>The latest offensive texts mark the second batch to emerge from the department in the past 13 months. \u003ca href=\"https://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal/page/2\" target=\"_blank\">The first round of bigoted messages\u003c/a> came to light in a federal court filing in March 2015, throwing thousands of prosecutions into question.\u003c/p>\n\u003cp>Adachi is among a growing number of voices \u003ca href=\"https://ww2.kqed.org/news/2016/04/05/sfpd-racist-texts-official-bickering-prompt-new-calls-for-state-or-federal-intervention\" target=\"_blank\">calling for an outside investigation\u003c/a> of alleged systemic racism and civil rights violations in the Police Department.\u003c/p>\n\u003cp>The public defender last month asked California Attorney General Kamala Harris to launch a probe. Other calls for action have come from Gascón, members of the Board of Supervisors and the ACLU, which all have suggested a federal Department of Justice civil rights investigation. The feds are in town, \u003ca href=\"https://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">conducting a lighter, nonbinding review\u003c/a> of SFPD policies.\u003c/p>\n\u003cp>Lai's scorn was not directed only at civilians. He also repeatedly refers to superior officers who are \"528,\" SFPD's radio code for fire and an apparently coded slur for gay or lesbian officers. He also used noncoded slurs for gay people.\u003c/p>\n\u003cp>The texts Adachi released Tuesday span about nine months, from late October 2014 until early August 2015. On March 14, 2015, the day after the first round of racist San Francisco police texts was publicized, Lai appeared to get suspicious and traded texts with an unknown recipient about what text messages could be obtained with a search warrant.\u003c/p>\n\u003cp>\u003ca name=\"texts\">\u003c/a>\u003c/p>\n\u003cp>\"R U READING THIS IA?\" he asked to no apparent response. \"IA\" is a reference to the department's Internal Affairs Division, charged with investigating officer misconduct.\u003c/p>\n\u003cp>Eventually, internal affairs investigators did read his message.\u003c/p>\n\u003cp>[scribd id=310536554 key=key-TbPB5HkKQkWJkuChLhEp mode=slideshow]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Zoë Lew of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"City Public Defender Jeff Adachi releases texts from one officer's cellphone. More are likely to come from other implicated officers.","status":"publish","parent":0,"modified":1461719203,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":874},"headData":{"title":"New Details of Racist S.F. Police Texts Made Public | KQED","description":"City Public Defender Jeff Adachi releases texts from one officer's cellphone. More are likely to come from other implicated officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10939962 http://ww2.kqed.org/news/?p=10939962","disqusUrl":"https://ww2.kqed.org/news/2016/04/26/new-details-of-racist-s-f-police-texts-made-public/","disqusTitle":"New Details of Racist S.F. Police Texts Made Public","path":"/news/10939962/new-details-of-racist-s-f-police-texts-made-public","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Texts recovered from a San Francisco police officer's cellphone during a \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">sexual assault investigation\u003c/a> last year contained racist messages describing African-Americans as \"barbarians\" and \"wild animals,\" as well as derogatory descriptions of gay police officers.\u003c/p>\n\u003cp>Former Officer Jason Lai, who worked out of the department's Taraval Station and resigned earlier this month, also texted racist slurs for Latinos, opined that \"Indian ppl are disgusting\" and compared an apparent homeless person to a cockroach who \"won't die.\"\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi released some of the text messages (\u003ca href=\"#texts\">read below\u003c/a>) Tuesday that were recovered from Lai's cellphone during an SFPD internal affairs investigation. Investigators \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-arrested-following-internal-affairs-probe\" target=\"_blank\">concluded there was insufficient evidence\u003c/a> to prove that Lai raped a woman at her home, as she alleged, but he was charged last month with six misdemeanors for unlawfully possessing and misusing confidential records.\u003c/p>\n\u003cp>“This is Officer Lai’s mindset,\" Adachi said at a press conference. \"And it shows a person who very casually makes racist and derogatory comments, talks about injury to the citizens that he is supposed to be serving. And most disturbingly, I think he does it in a way which to him seems to hold no consequences.”\u003c/p>\n\u003cp>Police Department investigators \u003ca href=\"https://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when\" target=\"_blank\">turned over records\u003c/a> from Lai's cellphone -- as well as those from former Taraval Station Sgt. Curtis Liu and other officers implicated in the probe -- to the San Francisco District Attorney's Office in November. Prosecutors discovered the offensive texts among 44,000 pages of cellphone records in late March, when District Attorney George Gascón publicly \u003ca href=\"https://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">announced their existence\u003c/a>.\u003c/p>\n\u003caside class=\"pullquote alignright\">'This is Officer Lai’s mindset. And it shows a person who very casually makes racist and derogatory comments, talks about injury to the citizens that he is supposed to be serving.'\u003ccite>S.F. Public Defender Jeff Adachi\u003c/cite>\u003c/aside>\n\u003cp>In the messages Adachi released Tuesday, Lai also joked about “a story I wrote today” as he shared a draft incident report about a rape investigation. In his text message, he referred to the apparent victim as “an idiot.”\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>\"Don't go to the house of some Hispanic guy and black guy that you don't know,\" an unidentified person texted Lai in an apparent response. \"Don't drink with them and don't go into the bedroom with them and this shit wouldn't have happened.\"\u003c/p>\n\u003cp>\"Lol amen,\" Lai responded.\u003c/p>\n\u003cp>Adachi said Lai's messages show not only that bigotry is widespread in the Police Department, but also that Lai's prejudice affected his work.\u003c/p>\n\u003cp>“The Police Department has said, ‘Well, these are just statements that are being made off the cuff and opinions that are being thrown out there,' \" Adachi said. \"No, these are directly connected to the feelings that this officer has about the people that he’s serving and more particularly about people that he interacts with every day.”\u003c/p>\n\u003cp>The texts could also have far-reaching legal implications.\u003c/p>\n\u003cp>Overt prejudice can impact ongoing and previous criminal prosecutions if defendants can show an officer's bias made them an unfair target for arrest or stretched probable cause. The public defender's office has identified at least 207 cases in which Lai, Liu and a \u003ca href=\"http://www.sfgate.com/bayarea/article/News-set-of-SF-cops-implicated-in-racist-and-7221066.php\" target=\"_blank\">third officer\u003c/a> who allegedly swapped inappropriate texts, Keith Ybarreta, participated. Like Lai and Liu, Ybarreta has also left the SFPD. A fourth officer was implicated, according to the Police Department, but has not been publicly identified. The officer has been suspended, and his or her case is pending before the Police Commission.\u003c/p>\n\u003cp>The latest offensive texts mark the second batch to emerge from the department in the past 13 months. \u003ca href=\"https://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal/page/2\" target=\"_blank\">The first round of bigoted messages\u003c/a> came to light in a federal court filing in March 2015, throwing thousands of prosecutions into question.\u003c/p>\n\u003cp>Adachi is among a growing number of voices \u003ca href=\"https://ww2.kqed.org/news/2016/04/05/sfpd-racist-texts-official-bickering-prompt-new-calls-for-state-or-federal-intervention\" target=\"_blank\">calling for an outside investigation\u003c/a> of alleged systemic racism and civil rights violations in the Police Department.\u003c/p>\n\u003cp>The public defender last month asked California Attorney General Kamala Harris to launch a probe. Other calls for action have come from Gascón, members of the Board of Supervisors and the ACLU, which all have suggested a federal Department of Justice civil rights investigation. The feds are in town, \u003ca href=\"https://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">conducting a lighter, nonbinding review\u003c/a> of SFPD policies.\u003c/p>\n\u003cp>Lai's scorn was not directed only at civilians. He also repeatedly refers to superior officers who are \"528,\" SFPD's radio code for fire and an apparently coded slur for gay or lesbian officers. He also used noncoded slurs for gay people.\u003c/p>\n\u003cp>The texts Adachi released Tuesday span about nine months, from late October 2014 until early August 2015. On March 14, 2015, the day after the first round of racist San Francisco police texts was publicized, Lai appeared to get suspicious and traded texts with an unknown recipient about what text messages could be obtained with a search warrant.\u003c/p>\n\u003cp>\u003ca name=\"texts\">\u003c/a>\u003c/p>\n\u003cp>\"R U READING THIS IA?\" he asked to no apparent response. \"IA\" is a reference to the department's Internal Affairs Division, charged with investigating officer misconduct.\u003c/p>\n\u003cp>Eventually, internal affairs investigators did read his message.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/310536554/content?start_page=1&view_mode=&access_key=key-TbPB5HkKQkWJkuChLhEp\"\n title=\"http://www.scribd.com/doc/310536554\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_310536554\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/310536554\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Zoë Lew of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10939962/new-details-of-racist-s-f-police-texts-made-public","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_545","news_17945"],"featImg":"news_10940050","label":"news_6944"},"news_10920663":{"type":"posts","id":"news_10920663","meta":{"index":"posts_1591205157","site":"news","id":"10920663","score":null,"sort":[1459904386000]},"guestAuthors":[],"slug":"sfpd-racist-texts-official-bickering-prompt-new-calls-for-state-or-federal-intervention","title":"SFPD Racist Texts, Official Bickering Prompt New Calls for State or Federal Intervention","publishDate":1459904386,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Calls for a higher power to intervene in San Francisco's criminal justice system have reignited with the \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revelation last week\u003c/a> that a second batch of police officers traded racist and homophobic text messages, even as the city reeled from a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">first batch\u003c/a>, \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">revealed last year\u003c/a>, replete with racial slurs and violent language about African-Americans.\u003c/p>\n\u003cp>And exactly how the Police Department notified the District Attorney's Office that new messages indicating racial bias were recently recovered from officers' personal cellphones has prompted the latest round of \u003ca href=\"http://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when\" target=\"_blank\">public bickering\u003c/a> between Police Chief Greg Suhr and District Attorney George Gascón.\u003c/p>\n\u003cp>That's because prosecutors are required to notify defendants of exculpatory evidence, or evidence that tends to show a defendant is not guilty of a crime for which he or she is charged, under the 1963 U.S. Supreme Court decision in Brady v. Maryland. That includes evidence that an arresting officer may have acted out of bias, hence the great interest from the legal community in racist text messages from police officers.\u003c/p>\n\u003cp>\"Every time an officer is deemed to engage in behavior that involves moral turpitude -- an officer is a thief, an officer’s a liar, or if an officer engages in racist or sexist behavior -- that officer has to be put on a list,\" said retired Superior Court of California Judge LaDoris Cordell. \"Basically, Brady officers really become useless.\"\u003c/p>\n\u003cp>The Brady notification process is anything but simple, though, largely because \u003ca href=\"http://ww2.kqed.org/news/2016/02/19/new-state-bill-would-open-police-misconduct-serious-use-of-force-files\" target=\"_blank\">peace officer personnel information\u003c/a> is kept so secret in California that not even prosecutors have direct access to it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Suhr laid out the process that SFPD's Brady Unit followed regarding the latest text messages in an \u003ca href=\"https://www.scribd.com/doc/307106059/SFPD-Chief-Greg-Suhr-April-4-Letter-to-DA-George-Gascon-re-bigoted-texts\" target=\"_blank\">April 4 letter\u003c/a> to Gascón, arguing that the department made the required notifications, and it was up to prosecutors to either file a motion or work with Police Department to review the personnel files in question.\u003c/p>\n\u003cp>But Gascón has said his office had no way of knowing that bigoted texts were buried in tens of thousands of pages of records seized from officers' personal cellphones as part of an internal sexual assault investigation of Officer Jason Lai. To avoid future oversight, \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">Gascón suggested\u003c/a> Suhr make the existence of such messages public from the outset.\u003c/p>\n\u003cp>Senior American Civil Liberties Union attorney Alan Schlosser agreed.\u003c/p>\n\u003cp>\"He [Suhr] certainly was free back in August to say that they have uncovered more examples of this kind of conduct, and hopefully use that to reiterate his strong stand and say what they’re going to do about it,\" Schlosser said. \"But in fact it’s been kept secret from the public, and was only revealed last week by the district attorney. That to us was a very telling sign that the leadership of the Police Department is not committed to transparency and to significant reform.\"\u003c/p>\n\u003cp>So for the second time in a little over four months, the \u003ca href=\"http://www.aclunc.org/docs/20160405-aclu_letter_to_doj.pdf\" target=\"_blank\">ACLU asked\u003c/a> the U.S. Department of Justice for a civil rights investigation of the SFPD, noting that federal authorities \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">conducting a voluntary review\u003c/a> of department policies, following the fatal December police shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a>, have repeatedly said that a stronger civil rights investigation could launch if circumstances change.\u003c/p>\n\u003cp>Schlosser said the public feud between Suhr and Gascón adds to concern about San Francisco's overall criminal justice system.\u003c/p>\n\u003cp>\"I think it’s troubling,\" he said. \"I do think that kind of disarray does contribute to a feeling that San Francisco needs outside help, but it has to come from a source that can enforce.\"\u003c/p>\n\u003cp>Officials with the U.S. Department of Justice Office of Community Oriented Policing Services conducting the voluntary review of SFPD policies have made no official statements about the latest racially charged scandal, despite repeated inquiries. The Department of Justice's Civil Rights Division did not respond to KQED's inquiry.\u003c/p>\n\u003cp>\"We feel new circumstances have added to our original request to provide a compelling case for a pattern and practice investigation,\" Schlosser said.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi made a \u003ca href=\"https://www.scribd.com/doc/307111310/Letter-from-S-F-Public-Defender-Jeff-Adachi-to-California-Attorney-General-Kamala-Harris\" target=\"_blank\">similar request\u003c/a> to state Attorney General Kamala Harris Monday, asking the California Department of Justice to launch a civil rights investigation of San Francisco's Police Department.\u003c/p>\n\u003cp>Like the ACLU, Adachi cataloged not only the repeated scandals over racist text messages, but also SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">failure to discipline officers\u003c/a> implicated in the first round of texts, SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">extremely disproportionate arrest rate\u003c/a> of African-Americans, three high-profile fatal shootings of black and Latino men, and allegations of \u003ca href=\"http://www.sfgate.com/crime/article/Drug-defendants-accuse-S-F-officers-of-racism-6690332.php\" target=\"_blank\">racial bias in a joint local-federal drug sting\u003c/a> revealed last year.\u003c/p>\n\u003cp>\"The incidents reveal a pattern and practice within the police department that has allowed racism and disparate treatment of black and Latino people to fester and grow,\" Adachi wrote. \"An investigation would help settle the pressing question of whether the racism evidenced in these incidents is endemic of a culture within the department which allows these types of incidents to occur. But most importantly it would help restore the confidence of San Franciscans -- and those around the nation who are watching -- that the San Francisco Police Department is not engaging in racist practices.\"\u003c/p>\n\u003cp>A spokeswoman for the California Attorney General said the office is reviewing Adachi's request.\u003c/p>\n\u003cp>San Francisco Supervisor Malia Cohen said Tuesday she has not stopped calling for a federal investigation since she and board President London Breed formally requested one in January.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"When is enough, enough?\" Cohen and Breed wrote in a joint statement issued April 5. \"We talk about implicit bias training, yet time and again are confronted with \u003cem>explicit\u003c/em> bias by those who are sworn to protect the community. This behavior cannot be tolerated without consequence; the City must rededicate itself to police reform.\"\u003c/p>\n\n","blocks":[],"excerpt":"Pressure builds for external probe of SFPD from an agency with the enforcement powers.","status":"publish","parent":0,"modified":1459962610,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":965},"headData":{"title":"SFPD Racist Texts, Official Bickering Prompt New Calls for State or Federal Intervention | KQED","description":"Pressure builds for external probe of SFPD from an agency with the enforcement powers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10920663 http://ww2.kqed.org/news/?p=10920663","disqusUrl":"https://ww2.kqed.org/news/2016/04/05/sfpd-racist-texts-official-bickering-prompt-new-calls-for-state-or-federal-intervention/","disqusTitle":"SFPD Racist Texts, Official Bickering Prompt New Calls for State or Federal Intervention","path":"/news/10920663/sfpd-racist-texts-official-bickering-prompt-new-calls-for-state-or-federal-intervention","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Calls for a higher power to intervene in San Francisco's criminal justice system have reignited with the \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revelation last week\u003c/a> that a second batch of police officers traded racist and homophobic text messages, even as the city reeled from a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">first batch\u003c/a>, \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">revealed last year\u003c/a>, replete with racial slurs and violent language about African-Americans.\u003c/p>\n\u003cp>And exactly how the Police Department notified the District Attorney's Office that new messages indicating racial bias were recently recovered from officers' personal cellphones has prompted the latest round of \u003ca href=\"http://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when\" target=\"_blank\">public bickering\u003c/a> between Police Chief Greg Suhr and District Attorney George Gascón.\u003c/p>\n\u003cp>That's because prosecutors are required to notify defendants of exculpatory evidence, or evidence that tends to show a defendant is not guilty of a crime for which he or she is charged, under the 1963 U.S. Supreme Court decision in Brady v. Maryland. That includes evidence that an arresting officer may have acted out of bias, hence the great interest from the legal community in racist text messages from police officers.\u003c/p>\n\u003cp>\"Every time an officer is deemed to engage in behavior that involves moral turpitude -- an officer is a thief, an officer’s a liar, or if an officer engages in racist or sexist behavior -- that officer has to be put on a list,\" said retired Superior Court of California Judge LaDoris Cordell. \"Basically, Brady officers really become useless.\"\u003c/p>\n\u003cp>The Brady notification process is anything but simple, though, largely because \u003ca href=\"http://ww2.kqed.org/news/2016/02/19/new-state-bill-would-open-police-misconduct-serious-use-of-force-files\" target=\"_blank\">peace officer personnel information\u003c/a> is kept so secret in California that not even prosecutors have direct access to it.\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>Suhr laid out the process that SFPD's Brady Unit followed regarding the latest text messages in an \u003ca href=\"https://www.scribd.com/doc/307106059/SFPD-Chief-Greg-Suhr-April-4-Letter-to-DA-George-Gascon-re-bigoted-texts\" target=\"_blank\">April 4 letter\u003c/a> to Gascón, arguing that the department made the required notifications, and it was up to prosecutors to either file a motion or work with Police Department to review the personnel files in question.\u003c/p>\n\u003cp>But Gascón has said his office had no way of knowing that bigoted texts were buried in tens of thousands of pages of records seized from officers' personal cellphones as part of an internal sexual assault investigation of Officer Jason Lai. To avoid future oversight, \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">Gascón suggested\u003c/a> Suhr make the existence of such messages public from the outset.\u003c/p>\n\u003cp>Senior American Civil Liberties Union attorney Alan Schlosser agreed.\u003c/p>\n\u003cp>\"He [Suhr] certainly was free back in August to say that they have uncovered more examples of this kind of conduct, and hopefully use that to reiterate his strong stand and say what they’re going to do about it,\" Schlosser said. \"But in fact it’s been kept secret from the public, and was only revealed last week by the district attorney. That to us was a very telling sign that the leadership of the Police Department is not committed to transparency and to significant reform.\"\u003c/p>\n\u003cp>So for the second time in a little over four months, the \u003ca href=\"http://www.aclunc.org/docs/20160405-aclu_letter_to_doj.pdf\" target=\"_blank\">ACLU asked\u003c/a> the U.S. Department of Justice for a civil rights investigation of the SFPD, noting that federal authorities \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">conducting a voluntary review\u003c/a> of department policies, following the fatal December police shooting of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">Mario Woods\u003c/a>, have repeatedly said that a stronger civil rights investigation could launch if circumstances change.\u003c/p>\n\u003cp>Schlosser said the public feud between Suhr and Gascón adds to concern about San Francisco's overall criminal justice system.\u003c/p>\n\u003cp>\"I think it’s troubling,\" he said. \"I do think that kind of disarray does contribute to a feeling that San Francisco needs outside help, but it has to come from a source that can enforce.\"\u003c/p>\n\u003cp>Officials with the U.S. Department of Justice Office of Community Oriented Policing Services conducting the voluntary review of SFPD policies have made no official statements about the latest racially charged scandal, despite repeated inquiries. The Department of Justice's Civil Rights Division did not respond to KQED's inquiry.\u003c/p>\n\u003cp>\"We feel new circumstances have added to our original request to provide a compelling case for a pattern and practice investigation,\" Schlosser said.\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi made a \u003ca href=\"https://www.scribd.com/doc/307111310/Letter-from-S-F-Public-Defender-Jeff-Adachi-to-California-Attorney-General-Kamala-Harris\" target=\"_blank\">similar request\u003c/a> to state Attorney General Kamala Harris Monday, asking the California Department of Justice to launch a civil rights investigation of San Francisco's Police Department.\u003c/p>\n\u003cp>Like the ACLU, Adachi cataloged not only the repeated scandals over racist text messages, but also SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">failure to discipline officers\u003c/a> implicated in the first round of texts, SFPD's \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">extremely disproportionate arrest rate\u003c/a> of African-Americans, three high-profile fatal shootings of black and Latino men, and allegations of \u003ca href=\"http://www.sfgate.com/crime/article/Drug-defendants-accuse-S-F-officers-of-racism-6690332.php\" target=\"_blank\">racial bias in a joint local-federal drug sting\u003c/a> revealed last year.\u003c/p>\n\u003cp>\"The incidents reveal a pattern and practice within the police department that has allowed racism and disparate treatment of black and Latino people to fester and grow,\" Adachi wrote. \"An investigation would help settle the pressing question of whether the racism evidenced in these incidents is endemic of a culture within the department which allows these types of incidents to occur. But most importantly it would help restore the confidence of San Franciscans -- and those around the nation who are watching -- that the San Francisco Police Department is not engaging in racist practices.\"\u003c/p>\n\u003cp>A spokeswoman for the California Attorney General said the office is reviewing Adachi's request.\u003c/p>\n\u003cp>San Francisco Supervisor Malia Cohen said Tuesday she has not stopped calling for a federal investigation since she and board President London Breed formally requested one in January.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"When is enough, enough?\" Cohen and Breed wrote in a joint statement issued April 5. \"We talk about implicit bias training, yet time and again are confronted with \u003cem>explicit\u003c/em> bias by those who are sworn to protect the community. This behavior cannot be tolerated without consequence; the City must rededicate itself to police reform.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10920663/sfpd-racist-texts-official-bickering-prompt-new-calls-for-state-or-federal-intervention","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_546","news_1300","news_122","news_545","news_17945"],"featImg":"news_10920938","label":"news_6944"},"news_10916948":{"type":"posts","id":"news_10916948","meta":{"index":"posts_1591205157","site":"news","id":"10916948","score":null,"sort":[1459566902000]},"guestAuthors":[],"slug":"sfpds-latest-racist-texting-scandal-who-knew-what-and-when","title":"SFPD's Latest Racist Texting Scandal: Who Knew What and When?","publishDate":1459566902,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>The latest batch of racist and homophobic text messages swapped by San Francisco police officers and \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revealed Thursday\u003c/a> by the city's district attorney are more than an embarrassment; they have serious legal repercussions for any prosecutions involving the officers who wrote them.\u003c/p>\n\u003cp>And the issue of how and when the Police Department notified the District Attorney's Office of the latest inappropriate texts has become new fuel for a feud between the city's top cop and top prosecutor.\u003c/p>\n\u003cp>After District Attorney George Gascón announced the existence of the bigoted texts and told reporters he'd only discovered them late last week, Police Chief Greg Suhr sent him a \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">letter\u003c/a> indicating that the Police Department told prosecutors about the text messages four times between September and January.\u003c/p>\n\u003cp>\"For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous,\" Suhr wrote. \"This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.\"\u003c/p>\n\u003cp>Gascón \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">replied Friday\u003c/a> that Suhr was correct to indicate that SFPD internal affairs investigators had worked with the DA's office on the \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">sexual assault investigation\u003c/a> of an officer (who SFPD has identified as Jason Lai). But:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It is entirely inaccurate to indicate that there was a collaborative effort in the investigation of any racist and homophobic text messages,\" Gascón wrote, adding that his office received some 44,000 pages of cell phone records -- including text messages -- in November. \"At no time were we informed that the text messages from the phone associated with [redacted] or his girlfriend contained any potential racist or homophobic text messages.\"\u003c/p>\n\u003cp>Gascón wrote that getting additional text messages seized from a lieutenant -- who is likely Lt. Curtis Liu -- \"became a point of contention\" between SFPD criminal investigators and his office's special prosecutions unit. Those texts were finally produced on March 17, Gascón wrote, adding that they prompted him to notify the Police Department Wednesday and the public on Thursday of the racist and homophobic messages.\u003c/p>\n\u003cp>\"I am hopeful that any future incidents that jeopardize the fair administration of justice will be disclosed from the outset to both myself and the public,\" Gascón wrote. \"Delaying disclosure of such misconduct only adds to the current climate of distrust. It is my sincere hope that the San Francisco Police Department will change its practices and usher in a culture that promotes transparency and accountability.\"\u003c/p>\n\u003cp>The revelation of a new batch of racist and homophobic texts comes as Police Department and city leadership try to pull the SFPD out of an \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">abyss of scandal\u003c/a>, not only involving \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">previously revealed bigoted texts\u003c/a>, but also the fatal shootings of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">black\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Latino\u003c/a> residents and a consistently \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">astronomical racial disparity\u003c/a> in arrests.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee said Friday he was disappointed and frustrated to learn of a new batch of text messages that reportedly, according to District Attorney George Gascón, liberally employ racist slurs for African-Americans and disparage members of the LGBT community.\u003c/p>\n\u003cp>\"This is the second batch, and maybe there's a third,\" Lee said in an interview Friday. \"Our public should never be disgraced with the kind of attitudes reflected in these text messages.\"\u003c/p>\n\u003cp>He said he will schedule meetings with police employee groups, including the main officers' union as well as the Asian Officers Association, Officers for Justice, the Police Pride Alliance and others.\u003c/p>\n\u003cp>\"These officers seem to feel that they could talk in this way and get away with it,\" Lee said of at least four officers most directly linked to the latest scandal. \"That tells me that there’s some culture going on here.\"\u003c/p>\n\u003cp>Lee declined to wade into a back-and-fourth between Gascón and Suhr concerning how prosecutors became aware of the texts, and when.\u003c/p>\n\u003cp>\"The main thing is not to fester over who knew what when,\" Lee said. \"It’s when we discovered it, it is our obligation to end it, to serve up examples of why this is bad for the city, for the police force and for the respect of all the other officers that do their best.\"\u003c/p>\n\u003cfigure id=\"attachment_10917102\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/Adachi-800x1133.jpg\" alt=\"San Francisco public defender Jeff Adachi.\" width=\"800\" height=\"1133\" class=\"size-medium wp-image-10917102\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-800x1133.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-400x567.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-1180x1672.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-960x1360.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco public defender Jeff Adachi. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But who knew what when is of great concern to San Francisco Public Defender Jeff Adachi. He said in an interview Friday that Gascón had a legal obligation to turn over evidence of the texts to relevant defense attorneys as soon as prosecutors became aware of them.\u003c/p>\n\u003cp>\"The district attorney says that he just found out about this, yet the chief of police told me that he informed the district attorney six months ago,\" Adachi said. \"It’s a big question because the district attorney, once they have evidence like this of bias, under the law they have to turn it over to the defense because it affects the credibility of these witnesses, and that was not done.\"\u003c/p>\n\u003cp>Adachi's been writing his own letters in the wake of the latest bigoted text messages. He's \u003ca href=\"https://www.scribd.com/doc/306686616/Jeff-Adachi-Letter-to-George-Gascon-Re-Racist-Texts\" target=\"_blank\">asking the district attorney\u003c/a> for a comprehensive list of every case that involved the officers who sent or received bigoted text messages. He said last year's texting scandal resulted in the dismissal of more than a dozen prosecutions.\u003c/p>\n\u003cp>\"I’ve also made it clear that we want to see all the correspondence between the DA and the chief as to when they became aware of these incidents,\" he said. \"We don’t know at this point how many cases could be affected.\"\u003c/p>\n\u003cp>Retired California Superior Court Judge Ladoris Cordell said it was very disheartening to learn of a new batch of bigoted texts. She's \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">been serving\u003c/a> on a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">special panel\u003c/a> Gascón convened last year after the first text messaging scandal came to light. She and two other retired judges have been reviewing some 4,000 incident reports prepared by the officers involved, looking for any indications that the overt bigotry displayed in their text messages spilled into their decisions to make arrests.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"It raises the question of now do we have to expand and look at the police reports dating back for these particular officers,\" she said in an interview Friday. \"Or maybe it’s time to just throw up our hands and say, we don’t need to do this, that what’s going on in the Police Department is such that we just need to pull back, take stock and make some major change.\"\u003c/p>\n\n","blocks":[],"excerpt":"A new batch of bigoted texts swapped between SFPD officers is the latest fuel for a feud between the police chief and district attorney.","status":"publish","parent":0,"modified":1459817090,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1113},"headData":{"title":"SFPD's Latest Racist Texting Scandal: Who Knew What and When? | KQED","description":"A new batch of bigoted texts swapped between SFPD officers is the latest fuel for a feud between the police chief and district attorney.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10916948 http://ww2.kqed.org/news/?p=10916948","disqusUrl":"https://ww2.kqed.org/news/2016/04/01/sfpds-latest-racist-texting-scandal-who-knew-what-and-when/","disqusTitle":"SFPD's Latest Racist Texting Scandal: Who Knew What and When?","path":"/news/10916948/sfpds-latest-racist-texting-scandal-who-knew-what-and-when","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The latest batch of racist and homophobic text messages swapped by San Francisco police officers and \u003ca href=\"http://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal\" target=\"_blank\">revealed Thursday\u003c/a> by the city's district attorney are more than an embarrassment; they have serious legal repercussions for any prosecutions involving the officers who wrote them.\u003c/p>\n\u003cp>And the issue of how and when the Police Department notified the District Attorney's Office of the latest inappropriate texts has become new fuel for a feud between the city's top cop and top prosecutor.\u003c/p>\n\u003cp>After District Attorney George Gascón announced the existence of the bigoted texts and told reporters he'd only discovered them late last week, Police Chief Greg Suhr sent him a \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">letter\u003c/a> indicating that the Police Department told prosecutors about the text messages four times between September and January.\u003c/p>\n\u003cp>\"For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous,\" Suhr wrote. \"This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.\"\u003c/p>\n\u003cp>Gascón \u003ca href=\"https://www.scribd.com/doc/306686232/Gascon-Letter-to-Suhr-Re-Racist-Texts\" target=\"_blank\">replied Friday\u003c/a> that Suhr was correct to indicate that SFPD internal affairs investigators had worked with the DA's office on the \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">sexual assault investigation\u003c/a> of an officer (who SFPD has identified as Jason Lai). But:\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>\"It is entirely inaccurate to indicate that there was a collaborative effort in the investigation of any racist and homophobic text messages,\" Gascón wrote, adding that his office received some 44,000 pages of cell phone records -- including text messages -- in November. \"At no time were we informed that the text messages from the phone associated with [redacted] or his girlfriend contained any potential racist or homophobic text messages.\"\u003c/p>\n\u003cp>Gascón wrote that getting additional text messages seized from a lieutenant -- who is likely Lt. Curtis Liu -- \"became a point of contention\" between SFPD criminal investigators and his office's special prosecutions unit. Those texts were finally produced on March 17, Gascón wrote, adding that they prompted him to notify the Police Department Wednesday and the public on Thursday of the racist and homophobic messages.\u003c/p>\n\u003cp>\"I am hopeful that any future incidents that jeopardize the fair administration of justice will be disclosed from the outset to both myself and the public,\" Gascón wrote. \"Delaying disclosure of such misconduct only adds to the current climate of distrust. It is my sincere hope that the San Francisco Police Department will change its practices and usher in a culture that promotes transparency and accountability.\"\u003c/p>\n\u003cp>The revelation of a new batch of racist and homophobic texts comes as Police Department and city leadership try to pull the SFPD out of an \u003ca href=\"http://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department\" target=\"_blank\">abyss of scandal\u003c/a>, not only involving \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">previously revealed bigoted texts\u003c/a>, but also the fatal shootings of \u003ca href=\"http://ww2.kqed.org/news/tag/mario-woods\" target=\"_blank\">black\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/tag/alejandro-nieto\" target=\"_blank\">Latino\u003c/a> residents and a consistently \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\">astronomical racial disparity\u003c/a> in arrests.\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee said Friday he was disappointed and frustrated to learn of a new batch of text messages that reportedly, according to District Attorney George Gascón, liberally employ racist slurs for African-Americans and disparage members of the LGBT community.\u003c/p>\n\u003cp>\"This is the second batch, and maybe there's a third,\" Lee said in an interview Friday. \"Our public should never be disgraced with the kind of attitudes reflected in these text messages.\"\u003c/p>\n\u003cp>He said he will schedule meetings with police employee groups, including the main officers' union as well as the Asian Officers Association, Officers for Justice, the Police Pride Alliance and others.\u003c/p>\n\u003cp>\"These officers seem to feel that they could talk in this way and get away with it,\" Lee said of at least four officers most directly linked to the latest scandal. \"That tells me that there’s some culture going on here.\"\u003c/p>\n\u003cp>Lee declined to wade into a back-and-fourth between Gascón and Suhr concerning how prosecutors became aware of the texts, and when.\u003c/p>\n\u003cp>\"The main thing is not to fester over who knew what when,\" Lee said. \"It’s when we discovered it, it is our obligation to end it, to serve up examples of why this is bad for the city, for the police force and for the respect of all the other officers that do their best.\"\u003c/p>\n\u003cfigure id=\"attachment_10917102\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/04/Adachi-800x1133.jpg\" alt=\"San Francisco public defender Jeff Adachi.\" width=\"800\" height=\"1133\" class=\"size-medium wp-image-10917102\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-800x1133.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-400x567.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-1180x1672.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/04/Adachi-960x1360.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Francisco public defender Jeff Adachi. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But who knew what when is of great concern to San Francisco Public Defender Jeff Adachi. He said in an interview Friday that Gascón had a legal obligation to turn over evidence of the texts to relevant defense attorneys as soon as prosecutors became aware of them.\u003c/p>\n\u003cp>\"The district attorney says that he just found out about this, yet the chief of police told me that he informed the district attorney six months ago,\" Adachi said. \"It’s a big question because the district attorney, once they have evidence like this of bias, under the law they have to turn it over to the defense because it affects the credibility of these witnesses, and that was not done.\"\u003c/p>\n\u003cp>Adachi's been writing his own letters in the wake of the latest bigoted text messages. He's \u003ca href=\"https://www.scribd.com/doc/306686616/Jeff-Adachi-Letter-to-George-Gascon-Re-Racist-Texts\" target=\"_blank\">asking the district attorney\u003c/a> for a comprehensive list of every case that involved the officers who sent or received bigoted text messages. He said last year's texting scandal resulted in the dismissal of more than a dozen prosecutions.\u003c/p>\n\u003cp>\"I’ve also made it clear that we want to see all the correspondence between the DA and the chief as to when they became aware of these incidents,\" he said. \"We don’t know at this point how many cases could be affected.\"\u003c/p>\n\u003cp>Retired California Superior Court Judge Ladoris Cordell said it was very disheartening to learn of a new batch of bigoted texts. She's \u003ca href=\"http://ww2.kqed.org/news/2016/01/19/blue-ribbon-panel-hears-testimony-on-s-f-police-and-racism\" target=\"_blank\">been serving\u003c/a> on a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">special panel\u003c/a> Gascón convened last year after the first text messaging scandal came to light. She and two other retired judges have been reviewing some 4,000 incident reports prepared by the officers involved, looking for any indications that the overt bigotry displayed in their text messages spilled into their decisions to make arrests.\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>\"It raises the question of now do we have to expand and look at the police reports dating back for these particular officers,\" she said in an interview Friday. \"Or maybe it’s time to just throw up our hands and say, we don’t need to do this, that what’s going on in the Police Department is such that we just need to pull back, take stock and make some major change.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10916948/sfpds-latest-racist-texting-scandal-who-knew-what-and-when","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_546","news_1300","news_545","news_17945","news_18743"],"featImg":"news_10917049","label":"news_6944"},"news_10915530":{"type":"posts","id":"news_10915530","meta":{"index":"posts_1591205157","site":"news","id":"10915530","score":null,"sort":[1459462160000]},"guestAuthors":[],"slug":"five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal","title":"More SFPD Officers Sent Bigoted Text Messages, Even During 'Textgate' Scandal","publishDate":1459462160,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>Updated 7:25 p.m. Thursday, March 31:\u003c/strong>\u003c/p>\n\u003cp>A new group of San Francisco police officers traded \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">bigoted text messages\u003c/a> in 2014 and 2015, expanding the number of officers accused of making overtly racist, homophobic and sexist statements.\u003c/p>\n\u003cp>District Attorney George Gascón said Thursday that the San Francisco Police Department delivered some 5,000 pages of evidence to his office in late 2015 as part of criminal investigation, and that evidence contained the offensive texts.\u003c/p>\n\u003cp>\"The messages are very clearly talking about African Americans and using the 'N word' repeatedly,\" Gascón said. \"They’re talking about members of the LGBT community also in a very disparaging fashion, and in the context of the conversation, they’re obviously intended to be racist in nature or homophobic. But again, we’ve only scratched the surface.\"\u003c/p>\n\u003cp>Gascón said he couldn't divulge the details of the criminal investigation that netted the offensive messages or the names of the officers involved.\u003c/p>\n\u003caside class=\"pullquote alignright\">'A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior. This happened before, during and after the previous scandal, which shows these individuals really didn’t care.'\u003ccite>George Gascón,\u003cbr>San Francisco District Attorney\u003c/cite>\u003c/aside>\n\u003cp>But the Police Department said in a \u003ca href=\"https://www.scribd.com/doc/306580286/SFPD-Statement-on-Internal-Affairs-Investigation\" target=\"_blank\">written statement\u003c/a> Thursday afternoon that the texts emerged through its internal investigation of Officer Jason Lai.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A woman \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">accused Lai last August\u003c/a> of raping her while he was off duty. SFPD \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-arrested-following-internal-affairs-probe\" target=\"_blank\">said last week\u003c/a> that there was insufficient evidence to prove a sexual assault charge, but \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-arrested-connection-sexual-assault-probe/\" target=\"_blank\">Lai was charged\u003c/a> with six misdemeanor counts of unlawfully using police department records. Lt. Curtis Liu -- who has since retired -- is also under investigation for allegedly alerting Lai of the internal probe against him.\u003c/p>\n\u003cp>Both Lai and Liu swapped offensive texts, according to the Police Department, as did two other unnamed officers, one of whom has also since left the SFPD.\u003c/p>\n\u003cp>\"As part of the criminal investigation, the Department searched cell phone records of the involved members and determined that four of those members had sent text messages containing reprehensible racial and homophobic remarks,\" SFPD's statement says. \"The Department acted immediately in suspending officers involved in these text messages and referring the matter to the Police Commission for discipline up to and including termination.\"\u003c/p>\n\u003cfigure id=\"attachment_10915902\" class=\"wp-caption alignright\" style=\"max-width: 297px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" rel=\"attachment wp-att-10915902\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" alt=\"Officer Jason Lai.\" width=\"297\" height=\"372\" class=\"size-full wp-image-10915902\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Officer Jason Lai. \u003ccite>(Courtesy of the San Francisco Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Three additional unnamed officers \"received single questionable text messages from Officer Lai ... but did not send any questionable messages,\" according to the SFPD. \"The investigation concluded that there was insufficient evidence to bring [disciplinary] charges against the officers.\"\u003c/p>\n\u003cp>Gascón said these newly discovered messages were sent in 2014 through late-2015, indicating that officers continued to swap inappropriate messages even after a similar but unrelated scandal \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">broke last March\u003c/a>.\u003c/p>\n\u003cp>The earlier batch of messages were made public in \u003ca href=\"http://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">a federal court filing\u003c/a> concerning former SFPD Sgt. Ian Furminger, and all the messages were recovered from his personal cell phone as part of a federal criminal investigation.\u003c/p>\n\u003cp>That original scandal was dubbed \"Textgate\" by a black and minority \u003ca href=\"http://officersforjustice.org/\" target=\"_blank\">SFPD officers' group\u003c/a>. One of the text message exchanges targeted the group's president, Sgt. Yulanda Williams, using slurs for both African-Americans and women.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">attempted to fire eight of the officers involved\u003c/a> and discipline others, but nine of them successfully challenged that discipline in superior court. \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">A judge ruled in December\u003c/a> that the department had allowed a one-year statute of limitations for disciplining officers to expire before pursuing the case. The officers remain on paid leave as the city appeals the ruling.\u003c/p>\n\u003cp>Prosecutors recently began to discover this second batch of text messages with repeated use of \"the N word,\" Gascón said, and derogatory language about \"members of the LGBT community.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.'\u003ccite>Greg Suhr,\u003cbr>San Francisco Police Chief\u003c/cite>\u003c/aside>\n\u003cp>\"I think that some of the language was referring to other members of the SFPD as well,\" he said.\u003c/p>\n\u003cp>Gascón said he sent a letter to SFPD Chief Greg Suhr Wednesday alerting him to the texts and outlining his concerns. He declined to provide a copy of the letter, saying it contained the officers' names and other confidential information. He said Thursday afternoon that he had not received a response from the department.\u003c/p>\n\u003cp>That response came from Suhr a couple hours later in the form of \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">a letter\u003c/a> that was shared widely with reporters.\u003c/p>\n\u003cp>In his response, in which \"DA Gascón\" is crossed out and replaced with a handwritten \"George,\" Suhr wrote that the department became aware of the offensive text messages on Aug. 8 of last year, and SFPD told the DA's office about them multiple times:\u003c/p>\n\u003cblockquote>\u003cp>\nOnce the Department identified the officers involved, I immediately placed these officers on suspension. We repeatedly notified your office of the existence of the text messages on September 21, 2015, October 6, 2015, November 2, 2015, and in January 2016. For your information, these contacts and notifications are documented in the chronological record of investigation, as well as emails.\u003cbr>\n...\u003cbr>\nFor you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice. My Department is fully committed to the fair administration of justice, and to that end, has provided information and materials relating to the allegations during this cooperative effort.\n\u003c/p>\u003c/blockquote>\n\u003cp>This latest revelation of more SFPD officers swapping bigoted messages comes after Gascón's response to the previous scandal sparked a feud with \u003ca href=\"http://www.sfpoa.org\" target=\"_blank\">the San Francisco Police Officers Association\u003c/a>.\u003c/p>\n\u003cp>Gascón convened a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">blue ribbon panel\u003c/a> to investigate bias in the SFPD.\u003c/p>\n\u003cp>The current and former association presidents recently accused Gascón of making racist comments, himself, at a dinner in 2010, and they have said the blue ribbon panel lacks the authority to prosecute officers.\u003c/p>\n\u003cp>[contextly_sidebar id=\"QB0ORHVedtD4HZxt3L87M1RhdEaFGILt\"]\u003c/p>\n\u003cp>“The San Francisco Police Officers’ Association condemns the appalling racist behavior committed by a handful of officers,\" POA President Martin Halloran said in a written statement Thursday afternoon about the new text messages. \"They have disgraced the uniform and their profession.\"\u003c/p>\n\u003cp>Halloran similarly condemned the previous messages, but later confirmed that a board controlling the POA's legal defense fund voted to pay for the officers' attorneys. He said that was to enforce the statute of limitations and other legal protections state law grants peace officers.\u003c/p>\n\u003cp>\"This conduct will not be tolerated in the SFPD, nor in the POA,\" Halloran wrote Thursday. \"Chief Suhr has the full support of the POA to take appropriate disciplinary action that protects the due process rights of the officers.\"\u003c/p>\n\u003cp>Gascón said the latest batch of bigoted messages point to a broader cultural problem in the department.\u003c/p>\n\u003cp>\"A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior,\" Gascón said. \"This happened before, during and after the previous scandal, which shows these individuals really didn’t care.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Gascón said his office would begin a probe of arrests and prosecutions that involved the most recently implicated officers under a similar process that last year flagged some 4,000 arrests for \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"New charges of additional bigoted text messages follow a scandal that broke last year involving 14 officers.","status":"publish","parent":0,"modified":1459478275,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1283},"headData":{"title":"More SFPD Officers Sent Bigoted Text Messages, Even During 'Textgate' Scandal | KQED","description":"New charges of additional bigoted text messages follow a scandal that broke last year involving 14 officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"10915530 http://ww2.kqed.org/news/?p=10915530","disqusUrl":"https://ww2.kqed.org/news/2016/03/31/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal/","disqusTitle":"More SFPD Officers Sent Bigoted Text Messages, Even During 'Textgate' Scandal","path":"/news/10915530/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 7:25 p.m. Thursday, March 31:\u003c/strong>\u003c/p>\n\u003cp>A new group of San Francisco police officers traded \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-text-messaging-scandal\" target=\"_blank\">bigoted text messages\u003c/a> in 2014 and 2015, expanding the number of officers accused of making overtly racist, homophobic and sexist statements.\u003c/p>\n\u003cp>District Attorney George Gascón said Thursday that the San Francisco Police Department delivered some 5,000 pages of evidence to his office in late 2015 as part of criminal investigation, and that evidence contained the offensive texts.\u003c/p>\n\u003cp>\"The messages are very clearly talking about African Americans and using the 'N word' repeatedly,\" Gascón said. \"They’re talking about members of the LGBT community also in a very disparaging fashion, and in the context of the conversation, they’re obviously intended to be racist in nature or homophobic. But again, we’ve only scratched the surface.\"\u003c/p>\n\u003cp>Gascón said he couldn't divulge the details of the criminal investigation that netted the offensive messages or the names of the officers involved.\u003c/p>\n\u003caside class=\"pullquote alignright\">'A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior. This happened before, during and after the previous scandal, which shows these individuals really didn’t care.'\u003ccite>George Gascón,\u003cbr>San Francisco District Attorney\u003c/cite>\u003c/aside>\n\u003cp>But the Police Department said in a \u003ca href=\"https://www.scribd.com/doc/306580286/SFPD-Statement-on-Internal-Affairs-Investigation\" target=\"_blank\">written statement\u003c/a> Thursday afternoon that the texts emerged through its internal investigation of Officer Jason Lai.\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>A woman \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-allegedly-interfered-with-investigation-of-fellow-officer-for-rape/\" target=\"_blank\">accused Lai last August\u003c/a> of raping her while he was off duty. SFPD \u003ca href=\"http://sanfranciscopolice.org/article/sfpd-officer-arrested-following-internal-affairs-probe\" target=\"_blank\">said last week\u003c/a> that there was insufficient evidence to prove a sexual assault charge, but \u003ca href=\"http://www.sfexaminer.com/sfpd-officer-arrested-connection-sexual-assault-probe/\" target=\"_blank\">Lai was charged\u003c/a> with six misdemeanor counts of unlawfully using police department records. Lt. Curtis Liu -- who has since retired -- is also under investigation for allegedly alerting Lai of the internal probe against him.\u003c/p>\n\u003cp>Both Lai and Liu swapped offensive texts, according to the Police Department, as did two other unnamed officers, one of whom has also since left the SFPD.\u003c/p>\n\u003cp>\"As part of the criminal investigation, the Department searched cell phone records of the involved members and determined that four of those members had sent text messages containing reprehensible racial and homophobic remarks,\" SFPD's statement says. \"The Department acted immediately in suspending officers involved in these text messages and referring the matter to the Police Commission for discipline up to and including termination.\"\u003c/p>\n\u003cfigure id=\"attachment_10915902\" class=\"wp-caption alignright\" style=\"max-width: 297px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" rel=\"attachment wp-att-10915902\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/03/Lai.jpg\" alt=\"Officer Jason Lai.\" width=\"297\" height=\"372\" class=\"size-full wp-image-10915902\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Officer Jason Lai. \u003ccite>(Courtesy of the San Francisco Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Three additional unnamed officers \"received single questionable text messages from Officer Lai ... but did not send any questionable messages,\" according to the SFPD. \"The investigation concluded that there was insufficient evidence to bring [disciplinary] charges against the officers.\"\u003c/p>\n\u003cp>Gascón said these newly discovered messages were sent in 2014 through late-2015, indicating that officers continued to swap inappropriate messages even after a similar but unrelated scandal \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">broke last March\u003c/a>.\u003c/p>\n\u003cp>The earlier batch of messages were made public in \u003ca href=\"http://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">a federal court filing\u003c/a> concerning former SFPD Sgt. Ian Furminger, and all the messages were recovered from his personal cell phone as part of a federal criminal investigation.\u003c/p>\n\u003cp>That original scandal was dubbed \"Textgate\" by a black and minority \u003ca href=\"http://officersforjustice.org/\" target=\"_blank\">SFPD officers' group\u003c/a>. One of the text message exchanges targeted the group's president, Sgt. Yulanda Williams, using slurs for both African-Americans and women.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">attempted to fire eight of the officers involved\u003c/a> and discipline others, but nine of them successfully challenged that discipline in superior court. \u003ca href=\"http://ww2.kqed.org/news/2015/12/18/court-ruling-san-francisco-police-text-messaging-scandal\" target=\"_blank\">A judge ruled in December\u003c/a> that the department had allowed a one-year statute of limitations for disciplining officers to expire before pursuing the case. The officers remain on paid leave as the city appeals the ruling.\u003c/p>\n\u003cp>Prosecutors recently began to discover this second batch of text messages with repeated use of \"the N word,\" Gascón said, and derogatory language about \"members of the LGBT community.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'For you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice.'\u003ccite>Greg Suhr,\u003cbr>San Francisco Police Chief\u003c/cite>\u003c/aside>\n\u003cp>\"I think that some of the language was referring to other members of the SFPD as well,\" he said.\u003c/p>\n\u003cp>Gascón said he sent a letter to SFPD Chief Greg Suhr Wednesday alerting him to the texts and outlining his concerns. He declined to provide a copy of the letter, saying it contained the officers' names and other confidential information. He said Thursday afternoon that he had not received a response from the department.\u003c/p>\n\u003cp>That response came from Suhr a couple hours later in the form of \u003ca href=\"https://www.scribd.com/doc/306581549/Greg-Suhr-Letter-to-George-Gascon-March-31-2016\" target=\"_blank\">a letter\u003c/a> that was shared widely with reporters.\u003c/p>\n\u003cp>In his response, in which \"DA Gascón\" is crossed out and replaced with a handwritten \"George,\" Suhr wrote that the department became aware of the offensive text messages on Aug. 8 of last year, and SFPD told the DA's office about them multiple times:\u003c/p>\n\u003cblockquote>\u003cp>\nOnce the Department identified the officers involved, I immediately placed these officers on suspension. We repeatedly notified your office of the existence of the text messages on September 21, 2015, October 6, 2015, November 2, 2015, and in January 2016. For your information, these contacts and notifications are documented in the chronological record of investigation, as well as emails.\u003cbr>\n...\u003cbr>\nFor you to suggest that you discovered the text messages through your own criminal investigation would be disingenuous. This is not new information as our offices have been working closely on this case with at least three members of your staff to ensure the fair administration of justice. My Department is fully committed to the fair administration of justice, and to that end, has provided information and materials relating to the allegations during this cooperative effort.\n\u003c/p>\u003c/blockquote>\n\u003cp>This latest revelation of more SFPD officers swapping bigoted messages comes after Gascón's response to the previous scandal sparked a feud with \u003ca href=\"http://www.sfpoa.org\" target=\"_blank\">the San Francisco Police Officers Association\u003c/a>.\u003c/p>\n\u003cp>Gascón convened a \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">blue ribbon panel\u003c/a> to investigate bias in the SFPD.\u003c/p>\n\u003cp>The current and former association presidents recently accused Gascón of making racist comments, himself, at a dinner in 2010, and they have said the blue ribbon panel lacks the authority to prosecute officers.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“The San Francisco Police Officers’ Association condemns the appalling racist behavior committed by a handful of officers,\" POA President Martin Halloran said in a written statement Thursday afternoon about the new text messages. \"They have disgraced the uniform and their profession.\"\u003c/p>\n\u003cp>Halloran similarly condemned the previous messages, but later confirmed that a board controlling the POA's legal defense fund voted to pay for the officers' attorneys. He said that was to enforce the statute of limitations and other legal protections state law grants peace officers.\u003c/p>\n\u003cp>\"This conduct will not be tolerated in the SFPD, nor in the POA,\" Halloran wrote Thursday. \"Chief Suhr has the full support of the POA to take appropriate disciplinary action that protects the due process rights of the officers.\"\u003c/p>\n\u003cp>Gascón said the latest batch of bigoted messages point to a broader cultural problem in the department.\u003c/p>\n\u003cp>\"A substantial number of officers in the San Francisco Police Department feel very comfortable displaying very racist and homophobic behavior,\" Gascón said. \"This happened before, during and after the previous scandal, which shows these individuals really didn’t care.\"\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>Gascón said his office would begin a probe of arrests and prosecutions that involved the most recently implicated officers under a similar process that last year flagged some 4,000 arrests for \u003ca href=\"http://ww2.kqed.org/news/2016/02/01/department-of-justice-to-conduct-review-of-san-francisco-police-department\" target=\"_blank\">review\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10915530/five-more-sfpd-officers-sent-bigoted-text-messages-even-during-textgate-scandal","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_546","news_545","news_17945"],"featImg":"news_10915532","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? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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