OFF THE WIRE
SAN JOSE -- When the woman said she didn't want to stay home after arguing with her husband, the cop took her to a hotel.
He
waited in the parking lot until a second officer left on another call.
Then, according to an allegation that has shaken the San Jose Police
Department and public trust, patrolman Geoffrey Graves returned to the
room, where he shed parts of his uniform but left on his bulletproof
vest -- and raped her.
The astonishing accusation spurred a
five-month investigation into the September incident that led to the
arrest Monday of Graves, 38, a Gilroy resident and six-year member of
the police force.
Graves turned himself in to police and was
booked into the Santa Clara County Jail on suspicion of one count of
forcible rape. He spent no time in custody, quickly posting the required
$100,000 bail. His arraignment is set for March 24.
Requests for
comment were not returned by Graves, who before joining SJPD served
with the Shasta Lake Fire Protection District from 2002 to 2004. It was
not immediately clear whether he has hired an attorney.
SJPD's
preparation for the fallout was evidenced by a department statement --
sent out first thing Tuesday after city officials, including City
Council members, were notified the previous evening -- that immediately
sought to portray Graves' suspected misconduct as an isolated case.
"This
is an extremely serious allegation, and if proven true, the officer
will be held accountable," police Chief Larry Esquivel said in the
statement. "While this incident is very troubling and tugs at our
integrity, it is an isolated incident and by no means a reflection of
our officers who perform their duties with honor and professionalism on a
daily basis."
Graves' arrest is easily the biggest
public-relations challenge for Esquivel since he became the permanent
chief in December after serving as the interim chief for most of 2013.
"There
are certainly a lot of people in the community who are watching to see
what the new chief will do in different situations," said Richard Konda,
executive director of the Asian Law Alliance. "People are watching how
he handles this."
The beleaguered police department already has
been dealing with an exodus of officers, amid an acrimonious fight with
the police union over wages and benefits, as well as rising crime
figures.
"San Jose is still a pretty safe city," said Kyle
Graham, a Santa Clara University School of Law assistant professor and
former deputy district attorney. "But there is no way to spin this. It's
not good news for the police department."
LaDoris Cordell, a
retired judge who serves as the city's Independent Police Auditor, said
that alongside the criminal charge, a complaint about the incident was
filed with the police department's Internal Affairs division, which in
turn is monitored by her office.
Any administrative or
disciplinary actions against the officer would not occur until the
conclusion of the criminal case. If Graves isn't convicted, he could
still be eligible for department discipline, which relies on a
"preponderance of evidence" of misconduct rather than the more stringent
"beyond a reasonable doubt" standard required in criminal court.
"It's very sad and disturbing," Cordell said of the rape allegation.
Graves
was one of four San Jose police officers who shortly after 2 a.m. Sept.
22 responded to a report of a family disturbance at the San Jose home
of the victim and her husband. The officers noted that the couple had
been drinking, but did not find evidence of a crime.
The woman, a
hotel maid, told officers she wanted to stay for the night at a nearby
hotel where she once worked. At 2:32 a.m., Graves drove her to the
hotel. Police say a second officer in another patrol car followed them.
About
20 minutes later, the second officer told dispatchers he was leaving to
respond to another call. Graves' patrol car remained in the parking lot
for about 40 more minutes, according to a statement of probable cause
written and signed by Sgt. Craig Storlie of the SJPD Internal Affairs
Unit and Criminal Investigation Detail.
About 15 minutes after
the second officer left, the woman was awakened by knocking on her room
door. It was Graves, Storlie wrote. The officer entered the room,
grabbed the woman, and pushed her onto the bed.
"The defendant
took off parts of his uniform with the exception of his bullet proof
vest," partially undressed the woman, and climbed on top of her as she
"resisted with verbal and physical communication," Storlie wrote.
The
report goes on to say Graves "forcibly engaged in sexual intercourse
with the victim before leaving the hotel approximately 10 minutes
later."
Carlos Vega, the deputy district attorney prosecuting
Graves, said the attack was first reported to the California Highway
Patrol, which then notified SJPD. Storlie's report said that occurred
Oct. 13, three weeks after the alleged attack.
The department launched an investigation, and Graves was placed on paid administrative leave Oct. 17.
"Physical
evidence corroborates the victim's allegations. The victim positively
identified the defendant during the investigation of this incident,"
Storlie wrote.
After five months, police, in cooperation with the district attorney's office, obtained an arrest warrant for Graves.
Graham said most police cases involve allegations of excessive force or manipulation of evidence.
"But
this is an officer allegedly committing a serious felony that just came
out of the blue," Graham said. "You're left asking: What officer would
do this? That's exactly what a good defense attorney will ask at
