OFF THE WIRE
By Mandy Feder --
Managing editor
LAKE COUNTY -- Lake County District Attorney Don Anderson confirmed Friday that his office is currently investigating two major incidents that involve the Lake County Sheriff's Office (LCSO) and other law enforcement agencies in the county.
Anderson said the investigation has been under way for about a week.
Four Lake County District Attorney investigators are gathering information, reports, conducting interviews and assessing radio transmissions in relation to a decision to block members of the Hells Angels Motorcycle Club from the county on May 14.
Anderson said the action could have resulted in a violation of federal civil rights.
Anderson said "officer safety is compromised anytime you have deputies confronting 150 Hells Angels. There's a safety risk when roughly 10 to 15 deputies confront 150 people whose civil rights have been violated." He added that there's a risk to bystanders and citizens as well. He said, "Additionally, we have an obligation to protect all citizens, even the Hells Angels."
"Many outlaw motorcycle gang members make a good living off of suing government agencies," Anderson said. "This decision had the potential of creating 150 lawsuits. But above that, officer safety was compromised. I feel very strongly about officer safety."
Officer safety is also the reason cited for the second issue being investigated that centers around an undercover operation on May 19 and 20 within the City of Clearlake by an
LCSO Task Force in which, according to the Clearlake Police Department (CPD), the event presented a potentially dangerous situation and at one point in the operation, CPD officers had weapons drawn on members of the LCSO.
Rivero released a statement in response to Anderson's actions stating the following: "Anderson announced that an investigation by his office, targeting the Lake County Sheriff's Office has been under way for about a week."
Anderson responded to Rivero's statement saying, "We are not singling out any person or agency. We simply seek the facts and to determine if there are any criminal violations or any breach of public safety. There's no need at this time for anyone to become paranoid."
Rivero stated that the investigation "is curious since he (Anderson) is charged with prosecuting criminal matters, not filing or defending civil lawsuits."
To which Anderson replied, "It is not a civil rights violation. It is a criminal civil rights violation issue that can be punishable by up to 10 years in prison. If there are injuries involved, it can be prosecuted for a term up to life in prison. Civil rights violations can either be brought up in civil court or criminal court."
Rivero stated, "I wonder what crime I have committed by the action of preparing my deputies to meet an imminent threat to the safety of the people of Lake County by stopping two outlaw motorcycle gangs from warring in our county? Anderson's claim that lawsuits may have resulted from my actions had the Hells Angels arrived is speculative at best."
Anderson said, "Public safety is my business and federal civil rights violations are crimes. We have a moral obligation to not put the citizens in the county at risk."
Rivero said he is confident that Anderson's investigation will prove he is also misinformed concerning the purported officer safety issues and the number of officers deployed to the situation. Apart from the sheriff's deputies, there were California Highway Patrol (CHP) officers, Clearlake Police officers, Lakeport Police officers, Fish and Game Officers and his own District Attorney's investigators. All these officers had already been deployed to meet the Vagos motorcycle gang earlier in Lakeport.
Anderson said he was pleased with the actions of the Lakeport Police Department (LPD) and the precautionary action LPD took when the Vagos arrived in Lakeport.
Anderson said, "Once the CHP and CPD found out that they would be turning people around at the county line, they left and declined to assist as a part of the enforcement, because they knew it was an illegal act to violate their (Hells Angels') civil rights."
"I am confident that if an officer needed help every law enforcement agency would help," Anderson added.
Rivero stated, "Investigating the Sheriff's Office Narcotics Task Force for conducting a highly-successful narcotics operation in the City of Clearlake is out of the ordinary.
Anderson responded, "It was completely unsuccessful. He (Rivero) submitted four defendants and we've had to reject them because the investigation is not complete. There is insufficient evidence of criminal activity. Marijuana and methamphetamine were confiscated and there's no evidence of whom it belonged to."
Anderson added, "The main suspect who was arrested -- those reports have not been turned over to our office yet. I don't know why they haven't been turned over. We can't charge until we receive those reports."
Anderson and Rivero agree on one matter. Different versions of events were given by the Sheriff Narcotics Task Force and the Clearlake Police officers regarding the encounter in the City of Clearlake.
Rivero said he also initiated an investigation into the events on Tuesday to be conducted by an independent investigator.
Anderson said, "All we (District Attorney's Office) want is a complete, fair and impartial investigation -- not to draw any conclusions right now."
Rivero added that he spoke with Clearlake Police Chief Clausen on Tuesday and asked him to join in the investigation.
Rivero said Clausen told him that he would discuss the request with the Clearlake City Manager and legal counsel and get back to him.
Anderson anticipates the DA's investigation will be complete within a two-week period.
Lake County Supervisor Rob Brown said, "No board in Lake County's history has had to deal with anything like this. I believe it would be wise of us to consult with our own county counsel before doing anything, whether it be making comments or taking action."
Mandy Feder can be reached at mandyfeder@yahoo.com or call directly 263-5636 ext. 32.
