By Jeremy Walsh ,
Staff reporter
Third-party investigation results released
LAKE COUNTY -- The results of a third-party investigation into four controversial situations involving law enforcement in the county would appear to absolve Lake County Sheriff Frank Rivero from claims of significant wrongdoings during the incidents.The Lake County Sheriff's Office (LCSO) retained a private firm, California Judicial Investigations, in June to conduct a third-party investigation into several incidents.
The investigators reviewed police documents, dispatch reports and relevant policies and procedures as well as interviewed some local law enforcement personnel during the approximately two-month investigation, which culminated in licensed investigator Joseph P. Soldis submitting a final report to the County Counsel's Office earlier this month.
"I am pleased and satisfied with the results of the investigation and grateful to County Counsel for seeing to it that the investigation was conducted in a prompt, professional and efficient manner," Rivero said in a statement. "As to my role in these matters, the citizens of Lake County can be assured that my actions and decisions were sound."
One of the situations the firm investigated was an undercover LCSO "buy-bust" operation within the Clearlake city limits on May 19.
At one point during the operation, Clearlake Police Department (CPD) officers, unaware of the operation, reportedly approached undercover LCSO personnel with weapons drawn.
Rivero, who was involved in the operation, has been criticized for his decision not to make CPD officials aware of his department's operation in the city's jurisdiction.
The third-party investigation determined CPD officers had their weapons drawn as they approached the residence where the LCSO narcotics officers were conducting the operation, but found "a lack of credible evidence" to support claims of a "stand off" between the two agencies, according to the report.
The report also stated that Rivero's decision not to contact CPD officials "was a contributing factor to the ultimate events" at the residence and that "this incident could have been avoided" had an LCSO member consulted with a CPD officials about the deputies' movements in the city.
The Lake County District Attorney's Office has been conducting an investigation into the May 19 situation between LCSO and CPD officers.
Interim CPD Police Chief Craig Clausen said Wednesday that he couldn't comment on the specifics of the third-party report because of the ongoing District Attorney (DA) investigation. "I just can't comment on the contents of that," he said.
Soldis wrote in his report that CPD officers were not interviewed during his firm's investigation. "The Clearlake Police Department did not participate in the investigation process on the advice of their legal counsel," he stated.
Clausen said assertions that CPD did not participate in the investigation would be misleading. The department provided records and police reports to the firm but the city's legal counsel requested CPD staff not be interviewed by the firm because of the ongoing DA investigation, Clausen said.
DA Don Anderson, who was interviewed as part of the third-party investigation, said he read the third-party report but had "no comment on the truthfulness or veracity of the report."
Anderson said a report of his office's investigation into the May 19 incident would be released within two to three weeks. "We'll have our own report; it is a much more in-depth investigation," he said.
Rivero stated he hopes the third-party investigation results will help his department move on from the Clearlake operation and other controversial incidents earlier in the year.
"The report conclusions clear the way to move beyond the nonsensical and costly distractions that have been visited on the Sheriff's Office, and me personally, since the DA began investigating these and other complaints," Rivero said in a statement.
The DA's office is also expected to soon release a report on its investigation into a May 14 incident involving motorcycle gangs and county law enforcement.
The third-party firm conducted an investigation into the mid-May incident during which several local law enforcement agencies responded for a show of force in downtown Lakeport amid the presence of dozens of Vagos Motorcycle Club members.
Reports later surfaced that day that more than 100 Hells Angels Motorcycle Club members were en route to Lake County, possibly to confront the rival gang, prompting Rivero to order officers to respond "Code Three" to the southern county border.
"It was the intent of Sheriff Rivero to stop and question members of the Hells Angels gang to learn their intentions and check them for weapons," the report stated.
Rivero did not direct law enforcement to detain or arrest without probable cause any Hells Angels members trying to enter the county, according to the report.
No Hells Angels members appeared that day. Anderson later reported that his office would be investigating the incident because Rivero's actions could have constituted potential civil rights violations.
"There was a lack of evidence that the civil rights of any person, including members of the Vagos outlaw motorcycle gang or the Hells Angels outlaw motorcycle gang, were violated," according to the third-party report.
The third situation involved Rivero's decision to restrict DA investigators' access to the LCSO Record Information Management System (RIMS) amid reports of alleged inappropriate use earlier this year.
"The evidence supported a finding that Sheriff Rivero's actions to suspend privileges to the District Attorney investigators' use of the RIMS system was appropriate until such time as the Sheriff could meet to discuss the matter with the District Attorney," the report stated.
Rivero soon after established a protocol for DA personnel access to the RIMS system, according to the report.
The firm also investigated Rivero's decision-making during a reported bomb threat at the Lake County Courthouse on April 28. The actions of the sheriff and other LCSO members "resulted in an immediate and safe evacuation of all courthouse personnel," the report stated.
The report did list several recommendations, such as debriefing and staff training, to address "areas of concern regarding proper communication and protocols" for courthouse bomb threats.
The firm presented recommendations after analyzing each of the four situations, often making similar suggestions, such as having departments meet and confer about the incidents and related protocols.
Rivero said his department has already begun responding to some of the suggestions, stating, "Continuous improvement is the model we live by at the Sheriff's Office and many of the recommendations contained in the report are under way, while others were implemented as a result of our own self evaluation prior to the report's release."
A version of the report without the names of some law enforcement officers can be accessed on the Lake County Sheriff website by clicking on the August 2011 tab on the "Public Information Releases" page.
Contact Jeremy Walsh at jwalsh©record-bee.com or call him at 263-5636, ext. 37.
http://www.record-bee.com/ci_18752502
COMMENT,
The report states it was the intent of Sheriff Rivero to stop and question the Hell's Angels and to check them for weapons, but goes on to say Rivero did not direct law enforcement to detain or arrest without probable cause.....The simple truth is you can't stop and questions someone or check them for weapons without detaining them unless they voluntarily stop. Anyone think that the Hell's Angels were going to voluntarily stop for law enforcement at the county line? That's nonsensical. That's just one of the many glaring contradictions in this $15,000.00 report that we the taxpayers paid for. The
big problem with elected officials is their is no crime for lying to the people. So it has become routine for crooked elected officials to put out false and misleading press releases to confuse the public and cover up their incompetence and illegal or unethical activities. Clinton lied, Winger lied and many others, but unless they are under oath, it is not a crime. Perhaps a law that requires public officials to be truthful might help, but then they would just use the old lawyer trick that all Attorneys are taught, "I have no memory or recollection of that", since you can be convicted of not remembering.. sleezy lawyer trick number 243........
My kid could write a more organized report than that. Hard to believe a professional wrote that. They didn't do a very thorough investigation either. They should have asked CHP for their version of how the HA road block incident went down. Did they not include CHP because they knew what they would say would not be good for the sheriff? Or did they interview CHP and purposely not include their statement on the facts? Makes you wonder about the integrity of the investigation........