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"description": "SAN FRANCISCO, CA - FEBRUARY 27: A San Francisco police car sits parked in front of the Hall of Justice on February 27, 2014 in San Francisco, California. A federal grand jury has indicted five San Francisco police officers and one former officer in two cases involving drug and computer thefts from suspects and the theft of money and gift cards from suspects. (Photo by Justin Sullivan/Getty Images)",
"title": "Six San Francisco Police Officers Indicted Multiple Corruption Charges",
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"caption": "San Francisco Public Defender Jeff Adachi, pictured at a rally in December 2014, said racist text messages revealed last week show policy problems in the city's police department.",
"description": "San Francisco Public Defender Jeff Adachi speaks in front of the city's Hall of Justice during a demonstration on Dec. 18. Public defenders in Alameda, Contra Costa, Santa Clara and Solano counties staged similar actions today at their county courthouses.",
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"disqusTitle": "Judge Rules in Favor of S.F. Cops Who Sent Bigoted Texts",
"title": "Judge Rules in Favor of S.F. Cops Who Sent Bigoted Texts",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>Update, 3:30 p.m. Monday, Dec. 21:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith ruled Monday that the Police Department waited too long to pursue disciplining a group of officers who swapped bigoted text messages and that the officers cannot be fired or otherwise punished for the alleged misconduct.\u003c/p>\n\u003cp>Goldsmith ruled in favor of nine officers challenging the city and Police Department’s attempt to mete out discipline for a variety of racist, homophobic and otherwise inappropriate messages.\u003c/p>\n\u003cp>Attorneys for the officers successfully argued that the department knew about the texts by late 2012 but didn’t investigate until early 2015 -- long overshooting a one-year state statute of limitations to bring charges of police misconduct.\u003c/p>\n\u003cp>“The court finds it’s not in the public interest to let police misconduct cases languish,” Goldsmith said from the bench, adding that there was “good reason” for that provision of the California Public Safety Officers Bill of Rights. “To promptly investigate and adjudicate police misconduct -- this is an important protection for the public.”\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/238705542\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Attorneys for San Francisco argue that the time limit for a disciplinary action is paused when it overlaps or conflicts with a criminal investigation. They say that's what happened in this case, which involved a federal investigation that led to the conviction of former Sgt. Ian Furminger and two subordinates.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Goldsmith said the pause would apply only if the officers' texts had something to do with the Furminger case.\u003c/p>\n\u003cp>“The city is trying to piggyback on the Furminger investigation,” Goldsmith said, adding that there was no connection between the offensive text messages and Furminger’s crimes.\u003c/p>\n\u003cp>The city's lawyers pointed out that Police Department investigators who knew about the text messages and other evidence in the Furminger probe were sworn to secrecy by federal prosecutors, and the delay in punishing the officers was warranted to protect that investigation.\u003c/p>\n\u003cp>“Practically speaking, I think this is the death knell for San Francisco Police Department investigators to participate in federal criminal investigations,” Deputy City Attorney Kenneth Walczak told Goldsmith. He said SFPD investigators assigned to the Furminger case \"were threatened with federal criminal prosecution\" if they divulged anything about the probe to their own department.\u003c/p>\n\u003cp>Several of the officers who were facing firing have been on paid leave since Goldsmith ordered them back on the city payroll in May. Two of their attorneys said it’s unclear whether they would be allowed back to work or in what role.\u003c/p>\n\u003cp>“What can’t happen is that these texts can’t be considered against them,” said attorney Tony Brass, who represents Officer Michael Celis. He called Goldsmith’s ruling a “mixed victory.”\u003c/p>\n\u003cp>“No one is celebrating a victory for that kind of misconduct,\" Brass said. \"That’s not what this case is about. What this case is about is the Police Department has an obligation to investigate that conduct in a timely fashion.”\u003c/p>\n\u003cp>Walczak declined to say whether the city would appeal, but Police Chief Greg Suhr told KQED’s Sara Hossaini that the ruling would be challenged.\u003c/p>\n\u003cp>“These officers should not be police officers,” Suhr said. “They clearly fall below the minimum standard required, and we will appeal. ... It’s a process, but I don’t want them in this Police Department and neither do the police officers in the Police Department.”\u003c/p>\n\u003cp>\u003cstrong>Update, 4 p.m. Friday, Dec. 18:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith issued a tentative ruling Friday afternoon in favor of nine officers challenging the city’s effort to discipline them for swapping racist and otherwise offensive text messages with a convicted ex-sergeant.\u003c/p>\n\u003cp>The officers argued that the city is in violation of a statute of limitations in a state law that grants labor protections to public safety officers. The law requires police departments to complete an investigation into officer misconduct within one year of learning about any transgression.\u003c/p>\n\u003cp>The San Francisco Police Department, the court ruled, knew about the offensive text messages in December 2012, when a small circle of officers in SFPD’s Internal Affairs Division joined a federal investigation of former Sgt. Ian Furminger and two of his subordinates in the Mission District plainclothes unit.\u003c/p>\n\u003caside class=\"pullquote alignright\">'San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner.'\u003ccite>Ernest Goldsmith,\u003cbr>\nSan Francisco Superior Court judge\u003c/cite>\u003c/aside>\n\u003cp>No disciplinary charges were brought against the officers in the texting scandal until April of this year. The city argued the delay was necessary to protect the investigation against Furminger until he was convicted, which happened in December 2014, and two former federal prosecutors filed declarations to that effect.\u003c/p>\n\u003cp>The city argued that the administrative wing of Internal Affairs, which handles officer discipline, was kept in the dark about the texts until after Furminger’s conviction.\u003c/p>\n\u003cp>“San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner,” Goldsmith wrote in his tentative ruling.\u003c/p>\n\u003cp>The city argued that the time limit pauses -- or “tolls” in the statute’s language -- when the conduct at issue is part of a criminal investigation or prosecution.\u003c/p>\n\u003cp>“[T]he tolling exception provided in Government Sec. 3304(d)(1)(A) did not apply in the instant case because the Petitioners [officers], their conduct, and their text messages were not the subject of a criminal investigation,” Goldsmith wrote.\u003c/p>\n\u003cp>The judge appears likely to finally approve the officers’ petition at a hearing scheduled for Monday, which includes a call for the department to rescind all disciplinary charges against the officers, purge all documents supporting the case against them and pay each officer a civil penalty of up to $25,000, plus the cost of their lawsuits.\u003c/p>\n\u003cp>\u003cstrong>Original Post 11 a.m. Friday, Dec. 18:\u003c/strong>\u003c/p>\n\u003cp>Eight months after a \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">judge stopped\u003c/a> the San Francisco Police Department from firing \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">seven officers\u003c/a> accused of sending racist, sexist and homophobic text messages, the officers' legal challenge to their dismissal appears headed for a final decision.\u003c/p>\n\u003cp>Two additional officers facing lesser discipline have also joined the San Francisco Superior Court case scheduled for a hearing Monday. All nine are challenging the department's attempt to punish them under a one-year state statute of limitations for disciplining peace officers.\u003c/p>\n\u003cp>None of the officers are contesting charges that they exchanged \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">offensive text messages\u003c/a> with former Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy charges a year ago. Federal prosecutors made a sampling of the text messages public in March. The officers \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">use a variety of slurs\u003c/a> to refer to African-Americans, Latinos, women and LGBT people.\u003c/p>\n\u003cp>[contextly_sidebar id=\"KDkgYPlzt8U7uyOhiebhJYo0Iv0yyNMs\"]\u003c/p>\n\u003cp>In one exchange in May 2012, an unidentified officer responds to Furminger's complaint that a friend of his wife's brought her attorney husband, who is black, to dinner.\u003c/p>\n\u003cp>\"Get ur pocket gun,\" the officer texted Furminger. \"Keep it available in case the monkey returns to his roots. Its not against the law to put an animal down. ... U may have to kill the half breed kids too. Don't worry. Their an abomination of nature anyway.\"\u003c/p>\n\u003cp>The city has likely been paying that officer's salary while on administrative leave since May, despite the department's attempt to terminate him and several others for conduct unbecoming an officer. But the officer's exact status is unknown because any information relating to discipline in the case is sealed under a protective order.\u003c/p>\n\u003cp>Whether the officers' challenge is ultimately successful, they've been able to delay discipline for the better part of a year, thanks to attorneys provided by their union and a state law that provides sweeping protections to police officers.\u003c/p>\n\u003cp>\u003cstrong>Law's Statute of Limitations\u003c/strong>\u003c/p>\n\u003cp>The nine officers are relying on a provision of the California \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\">Public Safety Officers Procedural Bill of Rights\u003c/a> that states:\u003c/p>\n\u003cblockquote>\u003cp>[N]o punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.\u003c/p>\u003c/blockquote>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">officers argue\u003c/a> the Police Department was in possession of the offensive texts, along with volumes of other evidence in the case against Furminger, by December 2012, but failed to act until April of this year after some of the texts were made public.\u003c/p>\n\u003cp>So far, the legal challenge has \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">enjoyed some success\u003c/a> in the form of a stay issued in May by San Francisco Superior Court Judge Ernest Goldsmith. He halted disciplinary proceedings before the city's Police Commission and required that the officers involved in the case be placed on paid, rather than unpaid, leave.\u003c/p>\n\u003cp>The only officially named plaintiff in the case, Officer Rain Daugherty, made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Rain+Daugherty\" target=\"_blank\">$164,290.19\u003c/a> in total pay and benefits last year, according to state salary data curated on the website Transparent California.\u003c/p>\n\u003cp>Other unofficially identified officers facing dismissal include Capt. Jason Fox, who in 2014 made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Jason+G+Fox&y=\" target=\"_blank\">$258,699.07\u003c/a> and Sgt. Michael Wibunsin, who made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Michael+Wibunsin\" target=\"_blank\">$242,448.53\u003c/a> that year in total pay and benefits.\u003c/p>\n\u003cp>\u003cstrong>The Furminger Investigation\u003c/strong>\u003c/p>\n\u003cp>The federal investigation that led to the convictions of \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">Furminger\u003c/a> and two of his \u003ca href=\"http://ww2.kqed.org/news/2015/05/21/one-year-sentence-for-former-s-f-cop-who-testified-against-colleagues\" target=\"_blank\">subordinates\u003c/a> in the Mission District plainclothes division lasted much longer than a year.\u003c/p>\n\u003cp>The history of that investigation -- and when exactly the Police Department started its investigation of the texting scandal -- is central to the arguments of the nine officers fighting dismissal.\u003c/p>\n\u003cp>[contextly_sidebar id=\"JhFDUdwzrm7NSJ8uB3h4BxqN2V9kzUw8\"]\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi began releasing a \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-video-scandal\" target=\"_blank\">series of surveillance videos\u003c/a> from single-resident-occupancy hotels in 2010 that appeared to show plainclothes officers illegally searching rooms and -- in some cases -- removing property that they never booked into evidence.\u003c/p>\n\u003cp>By April 2011, when Greg Suhr became San Francisco's police chief, the department's investigation into the apparently illegal searches was underway, according to the chief's \u003ca href=\"https://www.scribd.com/doc/293578851/Greg-Suhr-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration\u003c/a> in the texting case, filed earlier this month. But federal law enforcement -- namely the FBI and Northern California U.S. Attorney's Office -- wanted to take over.\u003c/p>\n\u003cp>Two months later, they did, enlisting the help of a handful of criminal investigators from the Police Department's Internal Affairs Division \"to provide expertise regarding the activities and conduct of police officers generally and more specifically within the SFPD organization,\" former Assistant U.S. Attorney Drew Caputo wrote in a \u003ca href=\"https://www.scribd.com/doc/293579008/Drew-Caputo-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration to the court\u003c/a>. \"To avoid potential conflicts of interest, we set clear limits on the extent to which information related to the criminal investigation would be shared within SFPD.\"\u003c/p>\n\u003cp>In his declaration, Suhr says the department set up a \"wall\" between the Internal Affairs Division (IAD) criminal and administrative investigators as the Furminger probe continued. To preserve the integrity of the Furminger case, he added, proceedings against the officers involved in the texting scandal wound up being delayed.\u003c/p>\n\u003cp>\"When a person who is a subject of a criminal investigation is alerted to the existence of that investigation -- whether the subject is a potential witness, suspect, or target of the investigation -- the integrity of the investigation is compromised,\" Suhr wrote. \"The subject changes his or her behavior to avoid detection, and the investigators lose their ability to gather critical evidence. ... [I]t is clear to me that, had SFPD initiated any disciplinary investigation before the criminal investigation concluded, the federal prosecutors might well have lost the ability to make their criminal case against Furminger.\"\u003c/p>\n\u003cp>\u003cstrong>'Choices Have Consequences'\u003c/strong>\u003c/p>\n\u003cp>Lawyers for the nine officers have zeroed in on the delay in the disciplinary case as a violation to the one-year deadline for taking action against their clients. They argue that the clock on the disciplinary case should have started in December 2012, by which time the FBI and U.S. Attorney's Office had shared secret evidence in the Furminger case -- including the offensive texts -- with the IAD's criminal investigators. The city argues the clock started just last December, after Furminger was convicted and the text messages were disclosed to the rest of the Internal Affairs Division.\u003c/p>\n\u003cp>Officer Daugherty's attorney, Alison Berry Wilkinson, said in an interview Thursday that by agreeing to keep the evidence secret, the department chose to place the criminal investigation ahead of any potential officer discipline and thus \"jettisoned their responsibility under the Police Officers Bill of Rights.\"\u003c/p>\n\u003cp>\"Choices have consequences,\" she said. \"They made the choice to agree to that, and the consequence is that they knew that information but didn't act in a timely manner on it.\"\u003c/p>\n\u003cp>But San Francisco Deputy City Attorney Kenneth Walczak says that both federal and local law enforcement did everything \"by the book.\"\u003c/p>\n\u003cp>He said in an interview the officers are trying to \"paint a picture of a plot by the Police Department to sit on evidence and delay disciplining them.\"\u003c/p>\n\u003cp>Walczak said the officers' arguments are not only unrealistic but also clearly exempted in the Public Safety Officers Bill of Rights, which allows for the \"tolling,\" or pause, to the statute of limitations while a related criminal investigation and prosecution are ongoing.\u003c/p>\n\u003cp>\"That state law provides a panoply of rights to peace officers who are accused of wrongdoing by their employer,\" he said -- but argued the protections don't apply in the texting case.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"The investigation here was two things that exempt it from the ambit of the peace officers bill of rights,\" Walczak said. \"It was both criminal and federal.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 3:30 p.m. Monday, Dec. 21:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith ruled Monday that the Police Department waited too long to pursue disciplining a group of officers who swapped bigoted text messages and that the officers cannot be fired or otherwise punished for the alleged misconduct.\u003c/p>\n\u003cp>Goldsmith ruled in favor of nine officers challenging the city and Police Department’s attempt to mete out discipline for a variety of racist, homophobic and otherwise inappropriate messages.\u003c/p>\n\u003cp>Attorneys for the officers successfully argued that the department knew about the texts by late 2012 but didn’t investigate until early 2015 -- long overshooting a one-year state statute of limitations to bring charges of police misconduct.\u003c/p>\n\u003cp>“The court finds it’s not in the public interest to let police misconduct cases languish,” Goldsmith said from the bench, adding that there was “good reason” for that provision of the California Public Safety Officers Bill of Rights. “To promptly investigate and adjudicate police misconduct -- this is an important protection for the public.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/238705542&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/238705542'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Attorneys for San Francisco argue that the time limit for a disciplinary action is paused when it overlaps or conflicts with a criminal investigation. They say that's what happened in this case, which involved a federal investigation that led to the conviction of former Sgt. Ian Furminger and two subordinates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Goldsmith said the pause would apply only if the officers' texts had something to do with the Furminger case.\u003c/p>\n\u003cp>“The city is trying to piggyback on the Furminger investigation,” Goldsmith said, adding that there was no connection between the offensive text messages and Furminger’s crimes.\u003c/p>\n\u003cp>The city's lawyers pointed out that Police Department investigators who knew about the text messages and other evidence in the Furminger probe were sworn to secrecy by federal prosecutors, and the delay in punishing the officers was warranted to protect that investigation.\u003c/p>\n\u003cp>“Practically speaking, I think this is the death knell for San Francisco Police Department investigators to participate in federal criminal investigations,” Deputy City Attorney Kenneth Walczak told Goldsmith. He said SFPD investigators assigned to the Furminger case \"were threatened with federal criminal prosecution\" if they divulged anything about the probe to their own department.\u003c/p>\n\u003cp>Several of the officers who were facing firing have been on paid leave since Goldsmith ordered them back on the city payroll in May. Two of their attorneys said it’s unclear whether they would be allowed back to work or in what role.\u003c/p>\n\u003cp>“What can’t happen is that these texts can’t be considered against them,” said attorney Tony Brass, who represents Officer Michael Celis. He called Goldsmith’s ruling a “mixed victory.”\u003c/p>\n\u003cp>“No one is celebrating a victory for that kind of misconduct,\" Brass said. \"That’s not what this case is about. What this case is about is the Police Department has an obligation to investigate that conduct in a timely fashion.”\u003c/p>\n\u003cp>Walczak declined to say whether the city would appeal, but Police Chief Greg Suhr told KQED’s Sara Hossaini that the ruling would be challenged.\u003c/p>\n\u003cp>“These officers should not be police officers,” Suhr said. “They clearly fall below the minimum standard required, and we will appeal. ... It’s a process, but I don’t want them in this Police Department and neither do the police officers in the Police Department.”\u003c/p>\n\u003cp>\u003cstrong>Update, 4 p.m. Friday, Dec. 18:\u003c/strong> San Francisco Superior Court Judge Ernest Goldsmith issued a tentative ruling Friday afternoon in favor of nine officers challenging the city’s effort to discipline them for swapping racist and otherwise offensive text messages with a convicted ex-sergeant.\u003c/p>\n\u003cp>The officers argued that the city is in violation of a statute of limitations in a state law that grants labor protections to public safety officers. The law requires police departments to complete an investigation into officer misconduct within one year of learning about any transgression.\u003c/p>\n\u003cp>The San Francisco Police Department, the court ruled, knew about the offensive text messages in December 2012, when a small circle of officers in SFPD’s Internal Affairs Division joined a federal investigation of former Sgt. Ian Furminger and two of his subordinates in the Mission District plainclothes unit.\u003c/p>\n\u003caside class=\"pullquote alignright\">'San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner.'\u003ccite>Ernest Goldsmith,\u003cbr>\nSan Francisco Superior Court judge\u003c/cite>\u003c/aside>\n\u003cp>No disciplinary charges were brought against the officers in the texting scandal until April of this year. The city argued the delay was necessary to protect the investigation against Furminger until he was convicted, which happened in December 2014, and two former federal prosecutors filed declarations to that effect.\u003c/p>\n\u003cp>The city argued that the administrative wing of Internal Affairs, which handles officer discipline, was kept in the dark about the texts until after Furminger’s conviction.\u003c/p>\n\u003cp>“San Francisco Police Department’s unwritten policy, that the IAD-Admin Division is solely responsible for conducting administrative investigations of police misconduct, did not excuse the department’s failure to conduct the investigation in a timely manner,” Goldsmith wrote in his tentative ruling.\u003c/p>\n\u003cp>The city argued that the time limit pauses -- or “tolls” in the statute’s language -- when the conduct at issue is part of a criminal investigation or prosecution.\u003c/p>\n\u003cp>“[T]he tolling exception provided in Government Sec. 3304(d)(1)(A) did not apply in the instant case because the Petitioners [officers], their conduct, and their text messages were not the subject of a criminal investigation,” Goldsmith wrote.\u003c/p>\n\u003cp>The judge appears likely to finally approve the officers’ petition at a hearing scheduled for Monday, which includes a call for the department to rescind all disciplinary charges against the officers, purge all documents supporting the case against them and pay each officer a civil penalty of up to $25,000, plus the cost of their lawsuits.\u003c/p>\n\u003cp>\u003cstrong>Original Post 11 a.m. Friday, Dec. 18:\u003c/strong>\u003c/p>\n\u003cp>Eight months after a \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">judge stopped\u003c/a> the San Francisco Police Department from firing \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">seven officers\u003c/a> accused of sending racist, sexist and homophobic text messages, the officers' legal challenge to their dismissal appears headed for a final decision.\u003c/p>\n\u003cp>Two additional officers facing lesser discipline have also joined the San Francisco Superior Court case scheduled for a hearing Monday. All nine are challenging the department's attempt to punish them under a one-year state statute of limitations for disciplining peace officers.\u003c/p>\n\u003cp>None of the officers are contesting charges that they exchanged \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">offensive text messages\u003c/a> with former Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy charges a year ago. Federal prosecutors made a sampling of the text messages public in March. The officers \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">use a variety of slurs\u003c/a> to refer to African-Americans, Latinos, women and LGBT people.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>In one exchange in May 2012, an unidentified officer responds to Furminger's complaint that a friend of his wife's brought her attorney husband, who is black, to dinner.\u003c/p>\n\u003cp>\"Get ur pocket gun,\" the officer texted Furminger. \"Keep it available in case the monkey returns to his roots. Its not against the law to put an animal down. ... U may have to kill the half breed kids too. Don't worry. Their an abomination of nature anyway.\"\u003c/p>\n\u003cp>The city has likely been paying that officer's salary while on administrative leave since May, despite the department's attempt to terminate him and several others for conduct unbecoming an officer. But the officer's exact status is unknown because any information relating to discipline in the case is sealed under a protective order.\u003c/p>\n\u003cp>Whether the officers' challenge is ultimately successful, they've been able to delay discipline for the better part of a year, thanks to attorneys provided by their union and a state law that provides sweeping protections to police officers.\u003c/p>\n\u003cp>\u003cstrong>Law's Statute of Limitations\u003c/strong>\u003c/p>\n\u003cp>The nine officers are relying on a provision of the California \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\">Public Safety Officers Procedural Bill of Rights\u003c/a> that states:\u003c/p>\n\u003cblockquote>\u003cp>[N]o punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.\u003c/p>\u003c/blockquote>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">officers argue\u003c/a> the Police Department was in possession of the offensive texts, along with volumes of other evidence in the case against Furminger, by December 2012, but failed to act until April of this year after some of the texts were made public.\u003c/p>\n\u003cp>So far, the legal challenge has \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">enjoyed some success\u003c/a> in the form of a stay issued in May by San Francisco Superior Court Judge Ernest Goldsmith. He halted disciplinary proceedings before the city's Police Commission and required that the officers involved in the case be placed on paid, rather than unpaid, leave.\u003c/p>\n\u003cp>The only officially named plaintiff in the case, Officer Rain Daugherty, made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Rain+Daugherty\" target=\"_blank\">$164,290.19\u003c/a> in total pay and benefits last year, according to state salary data curated on the website Transparent California.\u003c/p>\n\u003cp>Other unofficially identified officers facing dismissal include Capt. Jason Fox, who in 2014 made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Jason+G+Fox&y=\" target=\"_blank\">$258,699.07\u003c/a> and Sgt. Michael Wibunsin, who made \u003ca href=\"http://transparentcalifornia.com/salaries/search/?q=Michael+Wibunsin\" target=\"_blank\">$242,448.53\u003c/a> that year in total pay and benefits.\u003c/p>\n\u003cp>\u003cstrong>The Furminger Investigation\u003c/strong>\u003c/p>\n\u003cp>The federal investigation that led to the convictions of \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">Furminger\u003c/a> and two of his \u003ca href=\"http://ww2.kqed.org/news/2015/05/21/one-year-sentence-for-former-s-f-cop-who-testified-against-colleagues\" target=\"_blank\">subordinates\u003c/a> in the Mission District plainclothes division lasted much longer than a year.\u003c/p>\n\u003cp>The history of that investigation -- and when exactly the Police Department started its investigation of the texting scandal -- is central to the arguments of the nine officers fighting dismissal.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi began releasing a \u003ca href=\"http://ww2.kqed.org/news/tag/sfpd-video-scandal\" target=\"_blank\">series of surveillance videos\u003c/a> from single-resident-occupancy hotels in 2010 that appeared to show plainclothes officers illegally searching rooms and -- in some cases -- removing property that they never booked into evidence.\u003c/p>\n\u003cp>By April 2011, when Greg Suhr became San Francisco's police chief, the department's investigation into the apparently illegal searches was underway, according to the chief's \u003ca href=\"https://www.scribd.com/doc/293578851/Greg-Suhr-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration\u003c/a> in the texting case, filed earlier this month. But federal law enforcement -- namely the FBI and Northern California U.S. Attorney's Office -- wanted to take over.\u003c/p>\n\u003cp>Two months later, they did, enlisting the help of a handful of criminal investigators from the Police Department's Internal Affairs Division \"to provide expertise regarding the activities and conduct of police officers generally and more specifically within the SFPD organization,\" former Assistant U.S. Attorney Drew Caputo wrote in a \u003ca href=\"https://www.scribd.com/doc/293579008/Drew-Caputo-Declaration-Daugherty-v-CCSF-et-al\" target=\"_blank\">declaration to the court\u003c/a>. \"To avoid potential conflicts of interest, we set clear limits on the extent to which information related to the criminal investigation would be shared within SFPD.\"\u003c/p>\n\u003cp>In his declaration, Suhr says the department set up a \"wall\" between the Internal Affairs Division (IAD) criminal and administrative investigators as the Furminger probe continued. To preserve the integrity of the Furminger case, he added, proceedings against the officers involved in the texting scandal wound up being delayed.\u003c/p>\n\u003cp>\"When a person who is a subject of a criminal investigation is alerted to the existence of that investigation -- whether the subject is a potential witness, suspect, or target of the investigation -- the integrity of the investigation is compromised,\" Suhr wrote. \"The subject changes his or her behavior to avoid detection, and the investigators lose their ability to gather critical evidence. ... [I]t is clear to me that, had SFPD initiated any disciplinary investigation before the criminal investigation concluded, the federal prosecutors might well have lost the ability to make their criminal case against Furminger.\"\u003c/p>\n\u003cp>\u003cstrong>'Choices Have Consequences'\u003c/strong>\u003c/p>\n\u003cp>Lawyers for the nine officers have zeroed in on the delay in the disciplinary case as a violation to the one-year deadline for taking action against their clients. They argue that the clock on the disciplinary case should have started in December 2012, by which time the FBI and U.S. Attorney's Office had shared secret evidence in the Furminger case -- including the offensive texts -- with the IAD's criminal investigators. The city argues the clock started just last December, after Furminger was convicted and the text messages were disclosed to the rest of the Internal Affairs Division.\u003c/p>\n\u003cp>Officer Daugherty's attorney, Alison Berry Wilkinson, said in an interview Thursday that by agreeing to keep the evidence secret, the department chose to place the criminal investigation ahead of any potential officer discipline and thus \"jettisoned their responsibility under the Police Officers Bill of Rights.\"\u003c/p>\n\u003cp>\"Choices have consequences,\" she said. \"They made the choice to agree to that, and the consequence is that they knew that information but didn't act in a timely manner on it.\"\u003c/p>\n\u003cp>But San Francisco Deputy City Attorney Kenneth Walczak says that both federal and local law enforcement did everything \"by the book.\"\u003c/p>\n\u003cp>He said in an interview the officers are trying to \"paint a picture of a plot by the Police Department to sit on evidence and delay disciplining them.\"\u003c/p>\n\u003cp>Walczak said the officers' arguments are not only unrealistic but also clearly exempted in the Public Safety Officers Bill of Rights, which allows for the \"tolling,\" or pause, to the statute of limitations while a related criminal investigation and prosecution are ongoing.\u003c/p>\n\u003cp>\"That state law provides a panoply of rights to peace officers who are accused of wrongdoing by their employer,\" he said -- but argued the protections don't apply in the texting case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The investigation here was two things that exempt it from the ambit of the peace officers bill of rights,\" Walczak said. \"It was both criminal and federal.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Lawsuit Alleges SFPD Racial Bias, Excessive Force in April Arrest",
"title": "Lawsuit Alleges SFPD Racial Bias, Excessive Force in April Arrest",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>The Northern California branch of the American Civil Liberties Union is leading a charge in federal court against the San Francisco Police Department.\u003c/p>\n\u003cp>In a federal civil rights \u003ca href=\"#lawsuit\">lawsuit\u003c/a> filed Wednesday, 23-year-old plaintiff Travis Hall alleges he was the victim of unlawful search and seizure, excessive force and false arrest at the hands of Mission District plainclothes police officers as he was being dropped off at his house the evening of April 10.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I keep thinking, what if they had hit his head on the pavement one more time? What if the officer had pulled a gun? I might be one of those mothers protesting and demanding better policing but only with a photo of my son on a poster rather than him standing next to me.'\u003ccite>Leigh Stackpole,\u003cbr>\nPlaintiff's mother\u003c/cite>\u003c/aside>\n\u003cp>But the legal action appears to be about more than a single incident.\u003c/p>\n\u003cp>From the filing: \"Unfortunately, Mr. Hall's experience exemplifies that of all too many Black men here in San Francisco. Indeed, concerns about the gross racial disparities in arrests of Black people have plagued SFPD for years and have yet to be abated.\"\u003c/p>\n\u003cp>The lawsuit alleges plainclothes police approached the car that Hall was preparing to exit at 95 McCoppin St. in the city's SoMa district. Sgt. Anthony Montoya and Officer Giselle Talkoff pulled Hall from the rear passenger seat of his friend's car when the 23-year-old attempted to call his mother during the detention.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Defendants’ reaction to Mr. Hall’s attempt to call his mother was unreasonable given the circumstances and likely driven by an implicit bias against Black men and stereotypes about their predilections for violent behavior,\" the lawsuit says.\u003c/p>\n\u003cp>Hall's attorney, Ajay Krishnan, said that police had no probable cause to approach the car or detain its occupants in the first place, but that the more serious constitutional violations occurred after the initial stop.\u003c/p>\n\u003cp>\"Travis was severely beaten,\" he said. \"These officers held his arms behind his back and kept him on the ground while they repeatedly kicked and punched him. Travis suffered from a concussion, and he had cuts and bruises all over his body.\"\u003c/p>\n\u003cp>His attorneys said Hall received medical treatment while in custody. They are not releasing any photos or other documentation of his injuries at this time.\u003c/p>\n\u003cp>Krishnan and ACLU Attorney Nayna Gupta said Hall was the only one of four people in the car to be assaulted or arrested that night. Two other passengers were black, according to the suit. The attorneys would not elaborate on the charges under which Hall was booked, calling them \"pretextual\" and \"trumped-up.\"\u003cbr>\n[contextly_sidebar id=\"88ZKtxbe49oPdiHLUlXmKGAaAGV4aDiw\"]\u003cbr>\nThe Police Department and city don't, by policy, comment on pending litigation. An SFPD spokesman confirmed, however, that Hall was arrested under suspicion of resisting arrest, public intoxication and possession of less than 1 ounce of marijuana.\u003c/p>\n\u003cp>He was released from custody the following day, and the district attorney's office declined to file charges against him.\u003c/p>\n\u003cp>\"Yes, those were the charges that SFPD reported,\" the ACLU's Rebecca Farmer wrote in response to a KQED inquiry, \"but the DA quickly dropped them, as often happens when there is a false arrest or an arrest under false pretenses.\"\u003c/p>\n\u003cp>Gupta said the ACLU hopes the lawsuit will help force policy changes around racial data collection, training and \u003ca href=\"http://ww2.kqed.org/news/2015/06/18/the-story-behind-the-sfpd-body-cam-programs-many-delays\" target=\"_blank\">body-camera use in the SFPD\u003c/a>.\u003c/p>\n\u003cp>\"We want to seek justice for him,\" she said of Hall, \"but we're also here because, yes, we think there is a problem with racially biased policing in the San Francisco Police Department and the way the Police Department interacts with communities of color.\"\u003c/p>\n\u003cp>Gupta cited a recent report commissioned by the city's Re-entry Council that found black San Franciscans are about \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\">seven times more likely\u003c/a> to be arrested than their white counterparts. She also mentioned a \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">long-running scandal\u003c/a> over \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">bigoted text messages\u003c/a> sent to and from a \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">former SFPD sergeant\u003c/a> who supervised officers in the Mission District's plainclothes unit.\u003c/p>\n\u003cp>\"I keep thinking, what if they had hit his head on the pavement one more time?\" said Hall's mother, Leigh Stackpole. \"What if the officer had pulled a gun? I might be one of those mothers protesting and demanding better policing, but only with a photo of my son on a poster rather than him standing next to me.\"\u003c/p>\n\u003cp>Stockpole said she and her son attempted to challenge Hall's treatment through the city's Office of Citizen Complaints, but they \"got no help.\"\u003c/p>\n\u003cp>When asked to clarify if the OCC had failed to follow up on a complaint, the ACLU's Rebecca Farmer wrote, \"Travis and his mom initially reached out and had some contact with the OCC, but they decided not to continue on that path.\"\u003cbr>\n\u003ca name=\"lawsuit\">\u003c/a>\u003cbr>\nThe lawsuit was filed Wednesday in California's Northern U.S. District Court. Read it below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=279862455 key=key-OJwRDI55lsGj2j2CH1Wm mode=scroll]\u003c/p>\n\n",
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"excerpt": "ACLU of Northern California makes broader allegations about pattern of racial bias in Police Department.",
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"title": "Lawsuit Alleges SFPD Racial Bias, Excessive Force in April Arrest | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Northern California branch of the American Civil Liberties Union is leading a charge in federal court against the San Francisco Police Department.\u003c/p>\n\u003cp>In a federal civil rights \u003ca href=\"#lawsuit\">lawsuit\u003c/a> filed Wednesday, 23-year-old plaintiff Travis Hall alleges he was the victim of unlawful search and seizure, excessive force and false arrest at the hands of Mission District plainclothes police officers as he was being dropped off at his house the evening of April 10.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I keep thinking, what if they had hit his head on the pavement one more time? What if the officer had pulled a gun? I might be one of those mothers protesting and demanding better policing but only with a photo of my son on a poster rather than him standing next to me.'\u003ccite>Leigh Stackpole,\u003cbr>\nPlaintiff's mother\u003c/cite>\u003c/aside>\n\u003cp>But the legal action appears to be about more than a single incident.\u003c/p>\n\u003cp>From the filing: \"Unfortunately, Mr. Hall's experience exemplifies that of all too many Black men here in San Francisco. Indeed, concerns about the gross racial disparities in arrests of Black people have plagued SFPD for years and have yet to be abated.\"\u003c/p>\n\u003cp>The lawsuit alleges plainclothes police approached the car that Hall was preparing to exit at 95 McCoppin St. in the city's SoMa district. Sgt. Anthony Montoya and Officer Giselle Talkoff pulled Hall from the rear passenger seat of his friend's car when the 23-year-old attempted to call his mother during the detention.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Defendants’ reaction to Mr. Hall’s attempt to call his mother was unreasonable given the circumstances and likely driven by an implicit bias against Black men and stereotypes about their predilections for violent behavior,\" the lawsuit says.\u003c/p>\n\u003cp>Hall's attorney, Ajay Krishnan, said that police had no probable cause to approach the car or detain its occupants in the first place, but that the more serious constitutional violations occurred after the initial stop.\u003c/p>\n\u003cp>\"Travis was severely beaten,\" he said. \"These officers held his arms behind his back and kept him on the ground while they repeatedly kicked and punched him. Travis suffered from a concussion, and he had cuts and bruises all over his body.\"\u003c/p>\n\u003cp>His attorneys said Hall received medical treatment while in custody. They are not releasing any photos or other documentation of his injuries at this time.\u003c/p>\n\u003cp>Krishnan and ACLU Attorney Nayna Gupta said Hall was the only one of four people in the car to be assaulted or arrested that night. Two other passengers were black, according to the suit. The attorneys would not elaborate on the charges under which Hall was booked, calling them \"pretextual\" and \"trumped-up.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe Police Department and city don't, by policy, comment on pending litigation. An SFPD spokesman confirmed, however, that Hall was arrested under suspicion of resisting arrest, public intoxication and possession of less than 1 ounce of marijuana.\u003c/p>\n\u003cp>He was released from custody the following day, and the district attorney's office declined to file charges against him.\u003c/p>\n\u003cp>\"Yes, those were the charges that SFPD reported,\" the ACLU's Rebecca Farmer wrote in response to a KQED inquiry, \"but the DA quickly dropped them, as often happens when there is a false arrest or an arrest under false pretenses.\"\u003c/p>\n\u003cp>Gupta said the ACLU hopes the lawsuit will help force policy changes around racial data collection, training and \u003ca href=\"http://ww2.kqed.org/news/2015/06/18/the-story-behind-the-sfpd-body-cam-programs-many-delays\" target=\"_blank\">body-camera use in the SFPD\u003c/a>.\u003c/p>\n\u003cp>\"We want to seek justice for him,\" she said of Hall, \"but we're also here because, yes, we think there is a problem with racially biased policing in the San Francisco Police Department and the way the Police Department interacts with communities of color.\"\u003c/p>\n\u003cp>Gupta cited a recent report commissioned by the city's Re-entry Council that found black San Franciscans are about \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\">seven times more likely\u003c/a> to be arrested than their white counterparts. She also mentioned a \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">long-running scandal\u003c/a> over \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">bigoted text messages\u003c/a> sent to and from a \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">former SFPD sergeant\u003c/a> who supervised officers in the Mission District's plainclothes unit.\u003c/p>\n\u003cp>\"I keep thinking, what if they had hit his head on the pavement one more time?\" said Hall's mother, Leigh Stackpole. \"What if the officer had pulled a gun? I might be one of those mothers protesting and demanding better policing, but only with a photo of my son on a poster rather than him standing next to me.\"\u003c/p>\n\u003cp>Stockpole said she and her son attempted to challenge Hall's treatment through the city's Office of Citizen Complaints, but they \"got no help.\"\u003c/p>\n\u003cp>When asked to clarify if the OCC had failed to follow up on a complaint, the ACLU's Rebecca Farmer wrote, \"Travis and his mom initially reached out and had some contact with the OCC, but they decided not to continue on that path.\"\u003cbr>\n\u003ca name=\"lawsuit\">\u003c/a>\u003cbr>\nThe lawsuit was filed Wednesday in California's Northern U.S. District Court. Read it below:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/279862455/content?start_page=1&view_mode=&access_key=key-OJwRDI55lsGj2j2CH1Wm\"\n title=\"http://www.scribd.com/doc/279862455\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_279862455\"\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/279862455\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Chief Greg Suhr Responds to Long List of Issues Facing Department",
"title": "SFPD Chief Greg Suhr Responds to Long List of Issues Facing Department",
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"content": "\u003cp>The San Francisco Police Department has courted an unusual level of controversy in 2015, and whether he's responding as department head or wrapped up in the scandal himself, Chief Greg Suhr has been at the center of it all.\u003c/p>\n\u003cp>From fallout following bigoted text messages exchanged by SFPD officers to controversial fatal police shootings, racial disparities, crime and staffing challenges, Suhr addressed a barrage of issues on \u003ca href=\"http://www.kqed.org/a/forum/R201507130900\" target=\"_blank\">Monday morning's \u003cem>Forum\u003c/em>\u003c/a> program.\u003c/p>\n\u003cp>Here are the highlights:\u003c/p>\n\u003cp>\u003cstrong>Stolen Gun\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/crime/article/S-F-police-didn-t-investigate-gun-theft-before-6376393.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> Friday that the department did not investigate the June 27 theft of a gun from a federal Bureau of Land Management ranger's car before the gun was used to fatally shoot \u003ca href=\"http://ww2.kqed.org/news/2015/07/07/pier-shooting-suspect-pleads-not-guilty-to-murder-charge\" target=\"_blank\">Kathryn Steinle\u003c/a> on July 1.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"That's just not true,\" Suhr said. \"The responding officers did a good investigation.\"\u003c/p>\n\u003cp>But the case did not go beyond that initial response.\u003c/p>\n\u003cp>\"When it came across the senior investigator's desk for review, he or she decided that that initial investigation was all that there was, and it didn't merit a follow investigation. ... There was an investigation; there just wasn't much to go on,\" Suhr said.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214606501\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cstrong>Civil Settlement\u003c/strong>\u003c/p>\n\u003cp>This one involves Suhr himself, and his decision to fire former SFPD internal affairs attorney Kelly O’Haire quickly after he became chief of police in 2011. O'Haire asserted in a lawsuit that she was fired in retaliation for investigating allegations of misconduct against Suhr.\u003c/p>\n\u003cp>The \u003ca href=\"http://archives.sfexaminer.com/sanfrancisco/more-details-about-sfpd-chiefs-alleged-history-of-skirting-the-law-come-from-whistleblower-suit/Content?oid=2927752\" target=\"_blank\">San Francisco Examiner reported\u003c/a> extensively on the lawsuit, until the city and O'Haire agreed to a $725,000 \u003ca href=\"http://archives.sfexaminer.com/sanfrancisco/sf-settles-lawsuit-over-alleged-retaliatory-firing-by-police-chief/Content?oid=2927836\" target=\"_blank\">settlement\u003c/a> on April 24. The settlement effectively ended proceedings that would have explored allegations that Suhr lied to the FBI to obtain security clearance and failed to properly report a domestic violence incident involving a friend of his who was attacked.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214607285\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\"I was faced with having to close a seven-figure budget gap, actually eight-figure budget gap,\" Suhr said. \"Ms. O'Haire was a middle manager, and one of the positions identified that was, at the time, something we could manage without. I made that decision.\"\u003c/p>\n\u003cp>But, Suhr said, the settlement revealed \"there was a fact that might have allowed Ms. O'Haire to stay on longer.\"\u003c/p>\n\u003cp>\"Hopefully this makes things right for Ms. O'Haire as well,\" he said.\u003c/p>\n\u003cp>\u003cstrong>Amilcar Perez Lopez\u003c/strong>\u003c/p>\n\u003cp>Details from an independent autopsy of the 20-year-old Guatemalan immigrant, shot and killed by plainclothes SFPD officers on Feb. 26, \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting\" target=\"_blank\">appear to contradict\u003c/a> Suhr's narrative of the incident given just two days later.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://www.sfgate.com/crime/article/Man-killed-by-S-F-police-didn-t-speak-English-6110102.php\" target=\"_blank\">said on March 2\u003c/a> that two plainclothes officers fired at Amilcar Perez Lopez as he charged at one of them with a knife. The autopsy, released April 24 by an attorney representing Perez Lopez's family, found Perez Lopez was shot six time from behind.\u003c/p>\n\u003cp>\"Mr. Lopez ... came at the officers with the knife, and then the officers fired,\" Suhr said. \"And he turned away, which would explain not all the rounds going in the front.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214608287\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\u003cstrong>Textgate\u003c/strong>\u003c/p>\n\u003cp>Seven SFPD officers facing termination for swapping racist, sexist, anti-gay and otherwise offensive \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">text messages\u003c/a> with \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">convicted ex-Sgt. Ian Furminger\u003c/a> were able to halt disciplinary proceedings by \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">petitioning\u003c/a> a Superior Court judge.\u003c/p>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">court ordered\u003c/a> the officers placed back on paid leave while the city and their attorneys litigate how the one-year statute of limitations for disciplining police officers should apply to the case.\u003c/p>\n\u003cp>Suhr first said that a court order prohibited the department from acting on evidence turned over to the Internal Affairs Division in December 2012 until the federal corruption investigation into Furminger and six other plainclothes SFPD officers was completed -- and that he was \"walled off\" from evidence of the text messages until early 2015.\u003c/p>\n\u003cp>When \u003ca href=\"http://www.sfchronicle.com/crime/article/SFPD-says-racist-messages-hidden-by-federal-order-6192940.php\" target=\"_blank\">no such court order\u003c/a> was found to exist, Suhr referenced a federal rule of criminal procedure that keeps parts of criminal grand jury proceedings secret.\u003c/p>\n\u003cp>\"As the criminal case was proceeding,\" Suhr said Monday, \"the officers were basically sworn or had an understanding with the U.S. Attorney's Office that whatever came under their information as cooperating investigators in this case, they were not to cross over and tell people on the administrative side, which would have been me or other higher-ups in the Police Department.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214610008\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Suhr has cited a provision of the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\">California Public Safety Officers Procedural Bill of Rights\u003c/a> that \"tolls,\" or pauses the statute of limitations, if an officer is the subject of a criminal investigation. But the officers argue the texts in question were incidental to a criminal investigation, not part of it.\u003c/p>\n\u003cp>They've convinced a Superior Court judge to at least hear their case, and the court stayed any disciplinary actions against the officers until the issue is tried. The officers were placed back on paid administrative leave in May.\u003c/p>\n\u003cp>\u003cstrong>Theft and Disparity, Death and Staffing\u003c/strong>\u003c/p>\n\u003cp>Suhr said SFPD's current sworn \u003ca href=\"http://ww2.kqed.org/news/2015/06/11/oakland-police-recruits-training-in-s-f-as-both-cities-make-hiring-push\" target=\"_blank\">staffing\u003c/a> -- some 300 officers below the minimum 1,971 defined in the City Charter -- is affecting response times, even for calls about potential violence or crimes in progress, which are the department's highest priority.\u003c/p>\n\u003cp>\"It takes about 45 seconds to a minute longer than it used to even on the A priority calls,\" Suhr said. \"The good news is all those cops are coming back.\"\u003c/p>\n\u003cp>The department plans to graduate five new police academy classes over the coming year, and three more next year.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214612413\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Despite the short staff, shootings and homicides have both been halved since 2008, Suhr said, but certain districts in the city -- particularly those with minority communities -- haven't seen it.\u003c/p>\n\u003cp>\"There's also sadly a disproportionate amount of violent crime that occurs in these same neighborhoods,\" Suhr said. \"Almost 50 percent of the homicides this year, even though homicides are again lower than what they were dramatically from 2007 and 2008, disproportionately affecting African-American men.\"\u003c/p>\n\u003cp>Factoring the estimate that African-Americans make up about 6 percent of San Francisco's population, Suhr said African-Americans are about eight times more likely to be victims of homicide than other races in the city.\u003c/p>\n\u003cp>Property crimes, which are up throughout the state, are also climbing in San Francisco.\u003c/p>\n\u003cp>\"We've seen a significant rise in auto burglaries, to the tune of well over 50 percent, a lot of property crime,\" he said.\u003c/p>\n\u003cp>Recent reports have solidified San Francisco's dubious distinction as having one of the widest racially disparate criminal justice systems in the state, with African-Americans about seven times more likely to be arrested than white people in the city.\u003c/p>\n\u003cp>Suhr said a recent tracking effort by the department shows the race of arrested suspects almost always matches the description given by victims or witnesses to the crime.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/214611949\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"I think a lot of people figure officers just go out and arrest who they just feel like arresting and we have this disproportionality, and that's just not the case,\" he said. \"The officers go and talk to, when it comes to victim crimes, who the victim describes as the possible suspect, and the officers talk to those folks.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Police Department has courted an unusual level of controversy in 2015, and whether he's responding as department head or wrapped up in the scandal himself, Chief Greg Suhr has been at the center of it all.\u003c/p>\n\u003cp>From fallout following bigoted text messages exchanged by SFPD officers to controversial fatal police shootings, racial disparities, crime and staffing challenges, Suhr addressed a barrage of issues on \u003ca href=\"http://www.kqed.org/a/forum/R201507130900\" target=\"_blank\">Monday morning's \u003cem>Forum\u003c/em>\u003c/a> program.\u003c/p>\n\u003cp>Here are the highlights:\u003c/p>\n\u003cp>\u003cstrong>Stolen Gun\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sfgate.com/crime/article/S-F-police-didn-t-investigate-gun-theft-before-6376393.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> Friday that the department did not investigate the June 27 theft of a gun from a federal Bureau of Land Management ranger's car before the gun was used to fatally shoot \u003ca href=\"http://ww2.kqed.org/news/2015/07/07/pier-shooting-suspect-pleads-not-guilty-to-murder-charge\" target=\"_blank\">Kathryn Steinle\u003c/a> on July 1.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"That's just not true,\" Suhr said. \"The responding officers did a good investigation.\"\u003c/p>\n\u003cp>But the case did not go beyond that initial response.\u003c/p>\n\u003cp>\"When it came across the senior investigator's desk for review, he or she decided that that initial investigation was all that there was, and it didn't merit a follow investigation. ... There was an investigation; there just wasn't much to go on,\" Suhr said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214606501&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/214606501'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Civil Settlement\u003c/strong>\u003c/p>\n\u003cp>This one involves Suhr himself, and his decision to fire former SFPD internal affairs attorney Kelly O’Haire quickly after he became chief of police in 2011. O'Haire asserted in a lawsuit that she was fired in retaliation for investigating allegations of misconduct against Suhr.\u003c/p>\n\u003cp>The \u003ca href=\"http://archives.sfexaminer.com/sanfrancisco/more-details-about-sfpd-chiefs-alleged-history-of-skirting-the-law-come-from-whistleblower-suit/Content?oid=2927752\" target=\"_blank\">San Francisco Examiner reported\u003c/a> extensively on the lawsuit, until the city and O'Haire agreed to a $725,000 \u003ca href=\"http://archives.sfexaminer.com/sanfrancisco/sf-settles-lawsuit-over-alleged-retaliatory-firing-by-police-chief/Content?oid=2927836\" target=\"_blank\">settlement\u003c/a> on April 24. The settlement effectively ended proceedings that would have explored allegations that Suhr lied to the FBI to obtain security clearance and failed to properly report a domestic violence incident involving a friend of his who was attacked.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214607285&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/214607285'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"I was faced with having to close a seven-figure budget gap, actually eight-figure budget gap,\" Suhr said. \"Ms. O'Haire was a middle manager, and one of the positions identified that was, at the time, something we could manage without. I made that decision.\"\u003c/p>\n\u003cp>But, Suhr said, the settlement revealed \"there was a fact that might have allowed Ms. O'Haire to stay on longer.\"\u003c/p>\n\u003cp>\"Hopefully this makes things right for Ms. O'Haire as well,\" he said.\u003c/p>\n\u003cp>\u003cstrong>Amilcar Perez Lopez\u003c/strong>\u003c/p>\n\u003cp>Details from an independent autopsy of the 20-year-old Guatemalan immigrant, shot and killed by plainclothes SFPD officers on Feb. 26, \u003ca href=\"http://ww2.kqed.org/news/2015/04/24/attorneys-autopsy-contradicts-s-f-police-account-of-mission-district-shooting\" target=\"_blank\">appear to contradict\u003c/a> Suhr's narrative of the incident given just two days later.\u003c/p>\n\u003cp>Suhr \u003ca href=\"http://www.sfgate.com/crime/article/Man-killed-by-S-F-police-didn-t-speak-English-6110102.php\" target=\"_blank\">said on March 2\u003c/a> that two plainclothes officers fired at Amilcar Perez Lopez as he charged at one of them with a knife. The autopsy, released April 24 by an attorney representing Perez Lopez's family, found Perez Lopez was shot six time from behind.\u003c/p>\n\u003cp>\"Mr. Lopez ... came at the officers with the knife, and then the officers fired,\" Suhr said. \"And he turned away, which would explain not all the rounds going in the front.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214608287&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/214608287'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Textgate\u003c/strong>\u003c/p>\n\u003cp>Seven SFPD officers facing termination for swapping racist, sexist, anti-gay and otherwise offensive \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">text messages\u003c/a> with \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">convicted ex-Sgt. Ian Furminger\u003c/a> were able to halt disciplinary proceedings by \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">petitioning\u003c/a> a Superior Court judge.\u003c/p>\n\u003cp>The \u003ca href=\"http://ww2.kqed.org/news/2015/06/22/court-to-hear-sfpd-racist-texting-case-officers-back-on-paid-leave\" target=\"_blank\">court ordered\u003c/a> the officers placed back on paid leave while the city and their attorneys litigate how the one-year statute of limitations for disciplining police officers should apply to the case.\u003c/p>\n\u003cp>Suhr first said that a court order prohibited the department from acting on evidence turned over to the Internal Affairs Division in December 2012 until the federal corruption investigation into Furminger and six other plainclothes SFPD officers was completed -- and that he was \"walled off\" from evidence of the text messages until early 2015.\u003c/p>\n\u003cp>When \u003ca href=\"http://www.sfchronicle.com/crime/article/SFPD-says-racist-messages-hidden-by-federal-order-6192940.php\" target=\"_blank\">no such court order\u003c/a> was found to exist, Suhr referenced a federal rule of criminal procedure that keeps parts of criminal grand jury proceedings secret.\u003c/p>\n\u003cp>\"As the criminal case was proceeding,\" Suhr said Monday, \"the officers were basically sworn or had an understanding with the U.S. Attorney's Office that whatever came under their information as cooperating investigators in this case, they were not to cross over and tell people on the administrative side, which would have been me or other higher-ups in the Police Department.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214610008&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/214610008'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Suhr has cited a provision of the \u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\">California Public Safety Officers Procedural Bill of Rights\u003c/a> that \"tolls,\" or pauses the statute of limitations, if an officer is the subject of a criminal investigation. But the officers argue the texts in question were incidental to a criminal investigation, not part of it.\u003c/p>\n\u003cp>They've convinced a Superior Court judge to at least hear their case, and the court stayed any disciplinary actions against the officers until the issue is tried. The officers were placed back on paid administrative leave in May.\u003c/p>\n\u003cp>\u003cstrong>Theft and Disparity, Death and Staffing\u003c/strong>\u003c/p>\n\u003cp>Suhr said SFPD's current sworn \u003ca href=\"http://ww2.kqed.org/news/2015/06/11/oakland-police-recruits-training-in-s-f-as-both-cities-make-hiring-push\" target=\"_blank\">staffing\u003c/a> -- some 300 officers below the minimum 1,971 defined in the City Charter -- is affecting response times, even for calls about potential violence or crimes in progress, which are the department's highest priority.\u003c/p>\n\u003cp>\"It takes about 45 seconds to a minute longer than it used to even on the A priority calls,\" Suhr said. \"The good news is all those cops are coming back.\"\u003c/p>\n\u003cp>The department plans to graduate five new police academy classes over the coming year, and three more next year.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214612413&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/214612413'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Despite the short staff, shootings and homicides have both been halved since 2008, Suhr said, but certain districts in the city -- particularly those with minority communities -- haven't seen it.\u003c/p>\n\u003cp>\"There's also sadly a disproportionate amount of violent crime that occurs in these same neighborhoods,\" Suhr said. \"Almost 50 percent of the homicides this year, even though homicides are again lower than what they were dramatically from 2007 and 2008, disproportionately affecting African-American men.\"\u003c/p>\n\u003cp>Factoring the estimate that African-Americans make up about 6 percent of San Francisco's population, Suhr said African-Americans are about eight times more likely to be victims of homicide than other races in the city.\u003c/p>\n\u003cp>Property crimes, which are up throughout the state, are also climbing in San Francisco.\u003c/p>\n\u003cp>\"We've seen a significant rise in auto burglaries, to the tune of well over 50 percent, a lot of property crime,\" he said.\u003c/p>\n\u003cp>Recent reports have solidified San Francisco's dubious distinction as having one of the widest racially disparate criminal justice systems in the state, with African-Americans about seven times more likely to be arrested than white people in the city.\u003c/p>\n\u003cp>Suhr said a recent tracking effort by the department shows the race of arrested suspects almost always matches the description given by victims or witnesses to the crime.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/214611949&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/214611949'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I think a lot of people figure officers just go out and arrest who they just feel like arresting and we have this disproportionality, and that's just not the case,\" he said. \"The officers go and talk to, when it comes to victim crimes, who the victim describes as the possible suspect, and the officers talk to those folks.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Court to Hear SFPD Racist Texting Case, Officers Back on Paid Leave",
"title": "Court to Hear SFPD Racist Texting Case, Officers Back on Paid Leave",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Nine San Francisco police officers facing various levels of discipline for their involvement in a bigoted \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">text messages\u003c/a> scandal will remain on paid leave while their petition to halt the city's action against them makes its way through San Francisco Superior Court, a judge ordered Monday.\u003c/p>\n\u003cp>The San Francisco Police Commission had started preliminary hearings to determine whether the city would be violating a 1-year statute of limitations by punishing the officers, several of whom \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">faced being fired\u003c/a>, according to one of their attorneys.\u003c/p>\n\u003cp>But Officer Rain Daugherty and eight others \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">petitioned the court\u003c/a> May 12 to halt the Police Commission proceedings. Their petition argues that the Police Department was in possession of the text messages since late 2012, but did not investigate them until early 2015.\u003c/p>\n\u003cp>Deputy City Attorney Kenneth Walczak said the court was \"reaching down to a commission and usurping jurisdiction.\" He said the court should have waited until the Police Commission imposed any discipline before hearing the case.\u003c/p>\n\u003cp>\"It's the wrong time,\" he argued before Judge Ernest Goldsmith, \"too late to have avoided the Commission's exercise of jurisdiction and too early for the Commission to have imposed discipline.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco Examiner \u003ca href=\"http://www.sfexaminer.com/case-of-sfpd-officers-in-racist-text-message-scandal-on-hold/\" target=\"_blank\">reported\u003c/a> last week that officers who were suspended had been back on paid leave since May 18, when Goldsmith granted a temporary stay of Police Commission proceedings. He extended that stay Monday until the statute of limitations issue is settled.\u003c/p>\n\u003cp>The court won't be deciding anything about who sent which text or whether the content of any message betrayed character unfit for that of a police officer. Instead, this case centers on whether the officers can even be disciplined in 2015 for conduct discovered in 2012.\u003c/p>\n\u003cp>The city argues the 1-year time limit for police discipline under state law \"tolled,\" or paused, while a federal investigation that uncovered the texts was underway. But the city has yet to produce evidence that police officials were barred from acting.\u003c/p>\n\u003cp>Attorney Alison Berry Wilkinson, who represents Daugherty, said the Superior Court will give her tools unavailable before the Police Commission.\u003c/p>\n\u003cp>\"We are dependent upon the Police Department for the information it gathered and is willing to share with us in the Police Commission forum,\" she told reporters outside the courtroom. \"In the Superior Court, we have the access to subpoenas, depositions and other mechanisms that will give us a greater picture of what actually happened than the narrow one the Police Department wants us to see.\"\u003c/p>\n\u003cp>Wilkinson said she will seek documentation from the Northern California U.S. Attorney's Office and others in an effort to \"establish the specific date on which the city obtained the text messages at issue, as well as who knew what when and why did they not start the investigation sooner.\"\u003c/p>\n\u003cp>Judge Ernest Goldsmith also ordered that any filing in the case that could disclose the officers' disciplinary records or other protected personnel information be filed under seal. The judge denied without prejudice -- meaning the issue could be revisited -- the officers' request that court proceedings be closed to the public.\u003c/p>\n\u003cp>Walczak said the secrecy of the court filings could be an inappropriate restriction on freedom of the press.\u003c/p>\n\u003cp>Coming from the city, that argument held little sway with Goldsmith, who asked, \"This is all about freedom of information? Is that it?\"\u003c/p>\n\u003cp>\"One could invoke -- I'm not sure if it's a legal principle, but -- what's sauce for the goose is sauce for the gander,\" he said from the bench. \"Usually it's the city that's invoking this, that everything is confidential regarding peace officers.\"\u003c/p>\n\u003cp>In a written statement, the City Attorney's Office expressed disappointment at \"the unprecedented step of staying and assuming control over a Police Commission disciplinary proceeding, which was already underway.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A hearing date is tentatively scheduled for Sept. 3.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nine San Francisco police officers facing various levels of discipline for their involvement in a bigoted \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">text messages\u003c/a> scandal will remain on paid leave while their petition to halt the city's action against them makes its way through San Francisco Superior Court, a judge ordered Monday.\u003c/p>\n\u003cp>The San Francisco Police Commission had started preliminary hearings to determine whether the city would be violating a 1-year statute of limitations by punishing the officers, several of whom \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">faced being fired\u003c/a>, according to one of their attorneys.\u003c/p>\n\u003cp>But Officer Rain Daugherty and eight others \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">petitioned the court\u003c/a> May 12 to halt the Police Commission proceedings. Their petition argues that the Police Department was in possession of the text messages since late 2012, but did not investigate them until early 2015.\u003c/p>\n\u003cp>Deputy City Attorney Kenneth Walczak said the court was \"reaching down to a commission and usurping jurisdiction.\" He said the court should have waited until the Police Commission imposed any discipline before hearing the case.\u003c/p>\n\u003cp>\"It's the wrong time,\" he argued before Judge Ernest Goldsmith, \"too late to have avoided the Commission's exercise of jurisdiction and too early for the Commission to have imposed discipline.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco Examiner \u003ca href=\"http://www.sfexaminer.com/case-of-sfpd-officers-in-racist-text-message-scandal-on-hold/\" target=\"_blank\">reported\u003c/a> last week that officers who were suspended had been back on paid leave since May 18, when Goldsmith granted a temporary stay of Police Commission proceedings. He extended that stay Monday until the statute of limitations issue is settled.\u003c/p>\n\u003cp>The court won't be deciding anything about who sent which text or whether the content of any message betrayed character unfit for that of a police officer. Instead, this case centers on whether the officers can even be disciplined in 2015 for conduct discovered in 2012.\u003c/p>\n\u003cp>The city argues the 1-year time limit for police discipline under state law \"tolled,\" or paused, while a federal investigation that uncovered the texts was underway. But the city has yet to produce evidence that police officials were barred from acting.\u003c/p>\n\u003cp>Attorney Alison Berry Wilkinson, who represents Daugherty, said the Superior Court will give her tools unavailable before the Police Commission.\u003c/p>\n\u003cp>\"We are dependent upon the Police Department for the information it gathered and is willing to share with us in the Police Commission forum,\" she told reporters outside the courtroom. \"In the Superior Court, we have the access to subpoenas, depositions and other mechanisms that will give us a greater picture of what actually happened than the narrow one the Police Department wants us to see.\"\u003c/p>\n\u003cp>Wilkinson said she will seek documentation from the Northern California U.S. Attorney's Office and others in an effort to \"establish the specific date on which the city obtained the text messages at issue, as well as who knew what when and why did they not start the investigation sooner.\"\u003c/p>\n\u003cp>Judge Ernest Goldsmith also ordered that any filing in the case that could disclose the officers' disciplinary records or other protected personnel information be filed under seal. The judge denied without prejudice -- meaning the issue could be revisited -- the officers' request that court proceedings be closed to the public.\u003c/p>\n\u003cp>Walczak said the secrecy of the court filings could be an inappropriate restriction on freedom of the press.\u003c/p>\n\u003cp>Coming from the city, that argument held little sway with Goldsmith, who asked, \"This is all about freedom of information? Is that it?\"\u003c/p>\n\u003cp>\"One could invoke -- I'm not sure if it's a legal principle, but -- what's sauce for the goose is sauce for the gander,\" he said from the bench. \"Usually it's the city that's invoking this, that everything is confidential regarding peace officers.\"\u003c/p>\n\u003cp>In a written statement, the City Attorney's Office expressed disappointment at \"the unprecedented step of staying and assuming control over a Police Commission disciplinary proceeding, which was already underway.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A hearing date is tentatively scheduled for Sept. 3.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Funding for DA's Police Misconduct Task Force in S.F. Mayor's Budget",
"title": "No Funding for DA's Police Misconduct Task Force in S.F. Mayor's Budget",
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"content": "\u003cp>In his proposed budget unveiled Monday that includes a $37 million increase for the city's Police Department over the next two years, San Francisco Mayor Ed Lee has opted not to fund an ongoing probe into a string of law enforcement scandals.\u003c/p>\n\u003cp>The district attorney's office requested funding for several efforts, including $383,315 to pay for a task force investigating misconduct in the San Francisco police and sheriff's departments.\u003c/p>\n\u003cp>\"We just didn’t get anywhere near the funding that we had hoped for,\" DA spokesman Max Szabo said. \"It’s really concerning that we’re not getting the adequate resources that we need to just function normally.\"\u003c/p>\n\u003cp>The bulk of the task force's work -- still underway in the DA's trial integrity unit -- is \u003ca href=\"http://ww2.kqed.org/news/2015/03/30/under-fire-san-francisco-da-to-probe-multiple-law-enforcement-scandals\" target=\"_blank\">reviewing\u003c/a> some 3,000 potentially tainted cases involving SFPD officers implicated in a \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">bigoted text messaging scandal\u003c/a> that came to light in March, Szabo said. The task force is also probing work from the Police Department's crime lab and investigating allegations that sheriff's deputies \u003ca href=\"http://ww2.kqed.org/news/2015/03/26/sf-public-defender-sheriffs-deputies-bet-on-forced-battles-between-inmates\" target=\"_blank\">forced city jail inmates to fight\u003c/a> each other.\u003c/p>\n\u003cp>Lee touted multimillion-dollar allocations in other public safety departments in a speech before the Board of Supervisors Monday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"My budget doubles down on our public safety investments to meet the needs of a growing city and the growing demands of our first responders,\" he said. \"We will through this budget hire 400 additional police officers, 198 firefighters, 55 paramedics, and 36 911 dispatchers.\"\u003c/p>\n\u003cp>Asked why he didn't budget any funds for the misconduct investigations, Lee said he didn't want to encourage legal battles between city departments.\u003c/p>\n\u003cp>\"What I don’t want to see is lawyering up on the public defender's side and the district attorney’s side just to battle against each other,\" Lee said, adding that he didn't believe 3,000 cases need review.\u003c/p>\n\u003cp>\"I think that the DA and the police chief and the Police Commission need to all work closely together,\" he said. \"I do believe there is a number they have to look at, and they can come to an agreement as to what that is.\"\u003c/p>\n\u003cp>A spokeswoman with the public defender's office said prosecutors and public defenders are collaborating to review the cases.\u003c/p>\n\u003cp>When he announced the probe, District Attorney George Gascón said his office flagged 10 years of arrests involving officers implicated in the texting scandal and turned up about 1,600 prosecutions. Prosecutors did not file charges in the remaining 1,400 cases. Gascón said it was possibly more important to look at arrests that weren't prosecuted, indicating charges might not have held up in court.\u003c/p>\n\u003cp>\"I am disappointed that this was not included in the mayor’s budget,\" Supervisor David Campos said. \"I think that members of the Police Department and members of the community deserve that the city allocate the resources needed to get to the bottom of what happened.\"\u003c/p>\n\u003cp>The text messages were made public in a federal court filing on March 13. The city's public defender revealed on March 26 the allegations of forced inmate fighting at a city jail, and the \u003ca href=\"http://www.sfgate.com/crime/article/DNA-lab-irregularities-may-endanger-hundreds-of-6165643.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> on March 28 on a breach of protocol at SFPD's crime lab, potentially affecting hundreds more prosecutions.\u003c/p>\n\u003cp>\"Our special prosecutions unit, which handles misconduct for the district attorney’s office, was underwater,\" Szabo said, \"and really needed additional resources to become adequately staffed and investigate these varying issues.\"\u003c/p>\n\u003cp>Gascón said at the time that he would seek additional funding from the city, but what became of the request was unknown until now. The mayor's budget would increase the DA's overall funding by $3.7 million over two years, mostly allocated for mandatory salary and benefit increases. The budget also includes funding for an additional attorney to work on the city's implementation of court-ordered, outpatient mental health treatment, or Laura's Law, and a boost for IT staff.\u003c/p>\n\u003cp>Requests in other areas, like increased funding for processing untested rape kits and victim services, were denied.\u003c/p>\n\u003cp>\"We requested four additional victims' advocates to serve this growing population,\" Szabo said, citing a 30 percent increase in victim services over the past four years. \"We didn’t get one.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Szabo said the task force's work will continue. \"Unfortunately, it may take a little longer than we'd hoped and anticipated,\" he said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In his proposed budget unveiled Monday that includes a $37 million increase for the city's Police Department over the next two years, San Francisco Mayor Ed Lee has opted not to fund an ongoing probe into a string of law enforcement scandals.\u003c/p>\n\u003cp>The district attorney's office requested funding for several efforts, including $383,315 to pay for a task force investigating misconduct in the San Francisco police and sheriff's departments.\u003c/p>\n\u003cp>\"We just didn’t get anywhere near the funding that we had hoped for,\" DA spokesman Max Szabo said. \"It’s really concerning that we’re not getting the adequate resources that we need to just function normally.\"\u003c/p>\n\u003cp>The bulk of the task force's work -- still underway in the DA's trial integrity unit -- is \u003ca href=\"http://ww2.kqed.org/news/2015/03/30/under-fire-san-francisco-da-to-probe-multiple-law-enforcement-scandals\" target=\"_blank\">reviewing\u003c/a> some 3,000 potentially tainted cases involving SFPD officers implicated in a \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">bigoted text messaging scandal\u003c/a> that came to light in March, Szabo said. The task force is also probing work from the Police Department's crime lab and investigating allegations that sheriff's deputies \u003ca href=\"http://ww2.kqed.org/news/2015/03/26/sf-public-defender-sheriffs-deputies-bet-on-forced-battles-between-inmates\" target=\"_blank\">forced city jail inmates to fight\u003c/a> each other.\u003c/p>\n\u003cp>Lee touted multimillion-dollar allocations in other public safety departments in a speech before the Board of Supervisors Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"My budget doubles down on our public safety investments to meet the needs of a growing city and the growing demands of our first responders,\" he said. \"We will through this budget hire 400 additional police officers, 198 firefighters, 55 paramedics, and 36 911 dispatchers.\"\u003c/p>\n\u003cp>Asked why he didn't budget any funds for the misconduct investigations, Lee said he didn't want to encourage legal battles between city departments.\u003c/p>\n\u003cp>\"What I don’t want to see is lawyering up on the public defender's side and the district attorney’s side just to battle against each other,\" Lee said, adding that he didn't believe 3,000 cases need review.\u003c/p>\n\u003cp>\"I think that the DA and the police chief and the Police Commission need to all work closely together,\" he said. \"I do believe there is a number they have to look at, and they can come to an agreement as to what that is.\"\u003c/p>\n\u003cp>A spokeswoman with the public defender's office said prosecutors and public defenders are collaborating to review the cases.\u003c/p>\n\u003cp>When he announced the probe, District Attorney George Gascón said his office flagged 10 years of arrests involving officers implicated in the texting scandal and turned up about 1,600 prosecutions. Prosecutors did not file charges in the remaining 1,400 cases. Gascón said it was possibly more important to look at arrests that weren't prosecuted, indicating charges might not have held up in court.\u003c/p>\n\u003cp>\"I am disappointed that this was not included in the mayor’s budget,\" Supervisor David Campos said. \"I think that members of the Police Department and members of the community deserve that the city allocate the resources needed to get to the bottom of what happened.\"\u003c/p>\n\u003cp>The text messages were made public in a federal court filing on March 13. The city's public defender revealed on March 26 the allegations of forced inmate fighting at a city jail, and the \u003ca href=\"http://www.sfgate.com/crime/article/DNA-lab-irregularities-may-endanger-hundreds-of-6165643.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> on March 28 on a breach of protocol at SFPD's crime lab, potentially affecting hundreds more prosecutions.\u003c/p>\n\u003cp>\"Our special prosecutions unit, which handles misconduct for the district attorney’s office, was underwater,\" Szabo said, \"and really needed additional resources to become adequately staffed and investigate these varying issues.\"\u003c/p>\n\u003cp>Gascón said at the time that he would seek additional funding from the city, but what became of the request was unknown until now. The mayor's budget would increase the DA's overall funding by $3.7 million over two years, mostly allocated for mandatory salary and benefit increases. The budget also includes funding for an additional attorney to work on the city's implementation of court-ordered, outpatient mental health treatment, or Laura's Law, and a boost for IT staff.\u003c/p>\n\u003cp>Requests in other areas, like increased funding for processing untested rape kits and victim services, were denied.\u003c/p>\n\u003cp>\"We requested four additional victims' advocates to serve this growing population,\" Szabo said, citing a 30 percent increase in victim services over the past four years. \"We didn’t get one.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Szabo said the task force's work will continue. \"Unfortunately, it may take a little longer than we'd hoped and anticipated,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Officers in SFPD Text Scandal Ask Judge to Stop Disciplinary Proceedings",
"title": "Officers in SFPD Text Scandal Ask Judge to Stop Disciplinary Proceedings",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>One of the officers facing termination for sending some of the racist, anti-gay and sexist text messages that have mired the San Francisco Police Department in \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">scandal since mid-March\u003c/a> is leading a legal charge to keep his job and those of nine others.\u003c/p>\n\u003cp>Rain Daugherty filed a petition and complaint (\u003ca href=\"#petition\">see below\u003c/a>) in San Francisco Superior Court late Monday asking a judge to halt disciplinary proceedings pending before the city's Police Commission. San Francisco Police Chief Greg Suhr recommended that Daugherty and seven other officers be fired, and he recommended that two additional officers face discipline up to and including termination, at the discretion of the commission.\u003c/p>\n\u003cp>The legal challenge doesn't dispute that officers sent inappropriate or offensive text messages, but simply that the department waited too long to investigate them and initiate discipline.\u003c/p>\n\u003cp>They are accused of conduct unbecoming an officer, according to the filing. Daugherty was placed on \"indefinite, unpaid\" suspension on May 4 while the city's Police Commission adjudicates his case. The department did not immediately respond to inquiries into whether the other nine officers were also suspended that day.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">Suhr said in early April\u003c/a> that he would discipline four additional officers implicated by text messages that were \"inappropriate,\" but \"not determined to be racist or homophobic\" at the chief's level, which includes punishment up to a 10-day suspension.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The petition challenges the city's attempt to discipline all 14 officers.\u003c/p>\n\u003cp>The text messages, which were made public in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">federal court filing March 13\u003c/a>, were all recovered from the cellphone of former SFPD Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy charges and \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">sentenced\u003c/a> in February to three years and five months in prison.\u003cbr>\n[contextly_sidebar id=\"Q8FGbGEEAU8b5p6MITVy04l9TWGUhP2f\"]\u003c/p>\n\u003cp>Federal agents investigating Furminger and other SFPD plainclothes officers for corruption and illegal searches delivered evidence to SFPD's Internal Affairs Division in December 2012, the petition asserts, and yet the department did not begin a disciplinary investigation until January of this year.\u003c/p>\n\u003cp>\"There is a statute [the\u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\"> California Public Safety Officers Procedural Bill of Rights\u003c/a>] that required the department to initiate and complete its investigation into these text messages within one year of their discovery,\" said Daugherty's attorney, Alison Berry Wilkinson. \"It did not.\"\u003c/p>\n\u003cp>Wilkinson said the nine other officers are represented by attorneys from at least five other firms, and all the officers and their attorneys are coordinating their claims into yesterday's filing.\u003c/p>\n\u003cp>\"Essentially, we consolidated it for the sake of judicial economy and efficiency,\" she said. \"Everybody has a very high stake in the outcome. Each of their clients are significantly impacted by this action.\"\u003c/p>\n\u003cp>The filing is both a petition and a lawsuit, Wilkinson said, asking a judge to halt the city's disciplinary proceedings, force the removal of any findings related to the texts from the officers' personnel files and impose a civil penalty of $25,000 for each officer -- plus attorneys' fees and other possible damages.\u003c/p>\n\u003cp>From the filing:\u003c/p>\n\u003cp>\"Out of the thousands of text messages obtained from Furminger's cell phone, only a limited, number of sporadic but grossly inappropriate texts were exchanged with DAUGHERTY over a period often-months. DAUGHERTY is deeply ashamed by what he wrote, such texts being unreflective of his strong commitment to exemplary community policing of all San Francisco's diverse citizens.\"\u003c/p>\n\u003cp>A spokesman for the city attorney's office said the city is aware of the filing but has no comment at this time.\u003c/p>\n\u003cp>The time-limit issue has been looming for some time. When Suhr addressed pending Police Commission disciplinary hearings at an \u003cspan class=\"aBn\">\u003cspan class=\"aQJ\">April 3 \u003c/span>\u003c/span>press conference, he elaborated on when the clock pauses, or “tolls.”\u003c/p>\n\u003cp>\"Those administrative matters toll, and attorneys usually know that, when there’s a criminal case pending,\" Suhr said. \"As soon as we became aware of this, we took action. And I’m confident, when we go to the commission, that our argument that anything that was involved in this was tolling until after the criminal case was over with. I myself had no knowledge of this, as I was walled off.\"\u003c/p>\n\u003cp>The section at issue is California Government Code Section 3304(d)(2), part of the Peace Officers Bill of Rights:\u003c/p>\n\u003cp>\"If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.\"\u003c/p>\n\u003cp>But Wilkinson said the offensive text messages were not the subject of the criminal investigation against Furminger and five other former SFPD officers.\u003c/p>\n\u003cp>Three arrests that Daugherty participated in have been affected, as the San Francisco's District Attorney's Office \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">reviews some 3,000 cases\u003c/a> involving all 14 officers over the past decade.\u003c/p>\n\u003cp>Tamara Aparton, spokeswoman for the city's public defender, said Tuesday that two pending prosecutions involving Daugherty and clients represented by deputy public defenders were dismissed in April. Prosecutors dropped one charge involving Daugherty in another, multiple-count case that is otherwise proceeding.\u003cbr>\n\u003ca name=\"petition\">\u003c/a>\u003cbr>\nAll three cases involve marijuana sale and possession charges, Aparton said, and all the defendants are white.\u003c/p>\n\u003cp>\"He has a credibility issue,\" Aparton said of Daugherty.\u003c/p>\n\u003cp>Read the filing below:\u003cbr>\n[scribd id=265126082 key=key-JXun6waDik0KTsEdx4qC mode=scroll]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Ted Goldberg of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>One of the officers facing termination for sending some of the racist, anti-gay and sexist text messages that have mired the San Francisco Police Department in \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">scandal since mid-March\u003c/a> is leading a legal charge to keep his job and those of nine others.\u003c/p>\n\u003cp>Rain Daugherty filed a petition and complaint (\u003ca href=\"#petition\">see below\u003c/a>) in San Francisco Superior Court late Monday asking a judge to halt disciplinary proceedings pending before the city's Police Commission. San Francisco Police Chief Greg Suhr recommended that Daugherty and seven other officers be fired, and he recommended that two additional officers face discipline up to and including termination, at the discretion of the commission.\u003c/p>\n\u003cp>The legal challenge doesn't dispute that officers sent inappropriate or offensive text messages, but simply that the department waited too long to investigate them and initiate discipline.\u003c/p>\n\u003cp>They are accused of conduct unbecoming an officer, according to the filing. Daugherty was placed on \"indefinite, unpaid\" suspension on May 4 while the city's Police Commission adjudicates his case. The department did not immediately respond to inquiries into whether the other nine officers were also suspended that day.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">Suhr said in early April\u003c/a> that he would discipline four additional officers implicated by text messages that were \"inappropriate,\" but \"not determined to be racist or homophobic\" at the chief's level, which includes punishment up to a 10-day suspension.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The petition challenges the city's attempt to discipline all 14 officers.\u003c/p>\n\u003cp>The text messages, which were made public in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">federal court filing March 13\u003c/a>, were all recovered from the cellphone of former SFPD Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy charges and \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">sentenced\u003c/a> in February to three years and five months in prison.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Federal agents investigating Furminger and other SFPD plainclothes officers for corruption and illegal searches delivered evidence to SFPD's Internal Affairs Division in December 2012, the petition asserts, and yet the department did not begin a disciplinary investigation until January of this year.\u003c/p>\n\u003cp>\"There is a statute [the\u003ca href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=03001-04000&file=3300-3313\" target=\"_blank\"> California Public Safety Officers Procedural Bill of Rights\u003c/a>] that required the department to initiate and complete its investigation into these text messages within one year of their discovery,\" said Daugherty's attorney, Alison Berry Wilkinson. \"It did not.\"\u003c/p>\n\u003cp>Wilkinson said the nine other officers are represented by attorneys from at least five other firms, and all the officers and their attorneys are coordinating their claims into yesterday's filing.\u003c/p>\n\u003cp>\"Essentially, we consolidated it for the sake of judicial economy and efficiency,\" she said. \"Everybody has a very high stake in the outcome. Each of their clients are significantly impacted by this action.\"\u003c/p>\n\u003cp>The filing is both a petition and a lawsuit, Wilkinson said, asking a judge to halt the city's disciplinary proceedings, force the removal of any findings related to the texts from the officers' personnel files and impose a civil penalty of $25,000 for each officer -- plus attorneys' fees and other possible damages.\u003c/p>\n\u003cp>From the filing:\u003c/p>\n\u003cp>\"Out of the thousands of text messages obtained from Furminger's cell phone, only a limited, number of sporadic but grossly inappropriate texts were exchanged with DAUGHERTY over a period often-months. DAUGHERTY is deeply ashamed by what he wrote, such texts being unreflective of his strong commitment to exemplary community policing of all San Francisco's diverse citizens.\"\u003c/p>\n\u003cp>A spokesman for the city attorney's office said the city is aware of the filing but has no comment at this time.\u003c/p>\n\u003cp>The time-limit issue has been looming for some time. When Suhr addressed pending Police Commission disciplinary hearings at an \u003cspan class=\"aBn\">\u003cspan class=\"aQJ\">April 3 \u003c/span>\u003c/span>press conference, he elaborated on when the clock pauses, or “tolls.”\u003c/p>\n\u003cp>\"Those administrative matters toll, and attorneys usually know that, when there’s a criminal case pending,\" Suhr said. \"As soon as we became aware of this, we took action. And I’m confident, when we go to the commission, that our argument that anything that was involved in this was tolling until after the criminal case was over with. I myself had no knowledge of this, as I was walled off.\"\u003c/p>\n\u003cp>The section at issue is California Government Code Section 3304(d)(2), part of the Peace Officers Bill of Rights:\u003c/p>\n\u003cp>\"If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.\"\u003c/p>\n\u003cp>But Wilkinson said the offensive text messages were not the subject of the criminal investigation against Furminger and five other former SFPD officers.\u003c/p>\n\u003cp>Three arrests that Daugherty participated in have been affected, as the San Francisco's District Attorney's Office \u003ca href=\"http://ww2.kqed.org/news/2015/05/07/s-f-da-convenes-three-retired-judges-to-probe-police-department\" target=\"_blank\">reviews some 3,000 cases\u003c/a> involving all 14 officers over the past decade.\u003c/p>\n\u003cp>Tamara Aparton, spokeswoman for the city's public defender, said Tuesday that two pending prosecutions involving Daugherty and clients represented by deputy public defenders were dismissed in April. Prosecutors dropped one charge involving Daugherty in another, multiple-count case that is otherwise proceeding.\u003cbr>\n\u003ca name=\"petition\">\u003c/a>\u003cbr>\nAll three cases involve marijuana sale and possession charges, Aparton said, and all the defendants are white.\u003c/p>\n\u003cp>\"He has a credibility issue,\" Aparton said of Daugherty.\u003c/p>\n\u003cp>Read the filing below:\u003cbr>\n\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/265126082/content?start_page=1&view_mode=&access_key=key-JXun6waDik0KTsEdx4qC\"\n title=\"http://www.scribd.com/doc/265126082\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_265126082\"\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/265126082\"\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>Ted Goldberg of KQED News contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The head law enforcement official in San Francisco is bringing in three retired judges from outside the city to investigate arrests by 14 current and former police officers implicated in a bigoted text messaging \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\">scandal\u003c/a> brought to light two months ago.\u003c/p>\n\u003cp>District Attorney George Gascón estimates the judges will review about 3,000 arrests — some 1,600 of which were prosecuted. He said he hopes the review will be completed this year.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘Police officers have to abide by the constitutional protections that are guaranteed to each and every one of us as citizens or residents of this country. I feel very strongly about that, and that’s why I agreed to come aboard.’\u003ccite>Dickran Tevrizian\u003cbr>\nRetired U.S. District Court judge\u003c/cite>\u003c/aside>\n\u003cp>“If just one individual was wrongly imprisoned, that’s one too many,” Gascón said Thursday. “On the other end, if we have someone that actually committed a crime, but that prosecution is compromised because of the credibility of this individual, we have a guilty person that may be released and continue to present a danger to all of us. The impacts both on liberty and victims are similarly unconscionable.”\u003c/p>\n\u003cp>Gascón said the number of arrests and prosecutions affected is preliminary. He said judges and other members of a task force he \u003ca href=\"http://ww2.kqed.org/news/2015/03/30/under-fire-san-francisco-da-to-probe-multiple-law-enforcement-scandals\" target=\"_blank\" rel=\"noopener\">announced a month ago\u003c/a> will prioritize the 70 or so cases involving people currently in custody. The judges are working autonomously on cases affected by the texting scandal and culture of the police department, Gascón said.\u003c/p>\n\u003cp>His task force is also investigating the SFPD’s DNA crime lab and the \u003ca href=\"http://ww2.kqed.org/news/2015/03/26/sf-public-defender-sheriffs-deputies-bet-on-forced-battles-between-inmates\" target=\"_blank\" rel=\"noopener\">allegations\u003c/a> that sheriff’s deputies forced inmates to fight in one of the city’s jails.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A spokesman for the district attorney said prosecutors have so far dismissed eight pending cases involving officers implicated in the text messaging scandal.\u003c/p>\n\u003cp>The panel of retired judges consists of Cruz Reynoso, LaDoris Cordell and Dickran Tevrizian. Reynoso is a former associate justice of the California Supreme Court and vice chair of the U.S. Commission on Civil Rights. Cordell was a Santa Clara County Superior Court judge for 19 years and is currently the independent auditor for the San Jose Police Department. Tevrizian was a federal judge in California’s Central District for more than 20 years, retiring in 2007.\u003c/p>\n\u003cp>“Police officers have to abide by the constitutional protections that are guaranteed to each and every one of us as citizens or residents of this country,” he said. “I feel very strongly about that, and that’s why I agreed to come aboard.”\u003c/p>\n\u003cp>[contextly_sidebar id=”oLQT5degXnAtqYdXS9DwbnCQNfZ1aXs4″]\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr recommended \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">firing seven officers\u003c/a> who exchanged texts with former SFPD Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy to violate civil rights charges in December. Furminger was \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\" rel=\"noopener\">sentenced\u003c/a> to three years and five months in prison.\u003c/p>\n\u003cp>All the texts implicating a total of 14 officers were recovered from Furminger’s phone and made public in a court filing opposing his bail request in March. One officer resigned, and Suhr recommended discipline — up to termination — for two more.\u003c/p>\n\u003cp>Suhr said that the remaining four officers’ conduct did not rise to the level of the other 10, and he would handle their discipline. In San Francisco, the chief of police can mete out discipline up to a 10-day suspension. Otherwise it is handled by the civilian Police Commission. The 10 cases referred to the commission are pending.\u003c/p>\n\u003cp>“San Francisco leads national conversations on equality and fairness instead of racism, sexism and homophobia,” Gascón said. “However, as recent revelations have shown, we’re not immune from this epidemic.”\u003c/p>\n\u003cp>But the Rev. Arnold Townsend, with the San Francisco NAACP, said statements of surprise over the racist text messages underscore a divided consciousness in the city.\u003c/p>\n\u003cp>“I doubt that there was an African-American in San Francisco that was surprised that we have bias in our police department,” he said. “That’s the amazing disconnect we have.”\u003c/p>\n\u003cp>The Rev. Amos Brown, head of the San Francisco NAACP, applauded the appointment of the judges.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Pull the cover off this cesspool of injustice and the criminalization of black people,” he said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The head law enforcement official in San Francisco is bringing in three retired judges from outside the city to investigate arrests by 14 current and former police officers implicated in a bigoted text messaging \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\">scandal\u003c/a> brought to light two months ago.\u003c/p>\n\u003cp>District Attorney George Gascón estimates the judges will review about 3,000 arrests — some 1,600 of which were prosecuted. He said he hopes the review will be completed this year.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘Police officers have to abide by the constitutional protections that are guaranteed to each and every one of us as citizens or residents of this country. I feel very strongly about that, and that’s why I agreed to come aboard.’\u003ccite>Dickran Tevrizian\u003cbr>\nRetired U.S. District Court judge\u003c/cite>\u003c/aside>\n\u003cp>“If just one individual was wrongly imprisoned, that’s one too many,” Gascón said Thursday. “On the other end, if we have someone that actually committed a crime, but that prosecution is compromised because of the credibility of this individual, we have a guilty person that may be released and continue to present a danger to all of us. The impacts both on liberty and victims are similarly unconscionable.”\u003c/p>\n\u003cp>Gascón said the number of arrests and prosecutions affected is preliminary. He said judges and other members of a task force he \u003ca href=\"http://ww2.kqed.org/news/2015/03/30/under-fire-san-francisco-da-to-probe-multiple-law-enforcement-scandals\" target=\"_blank\" rel=\"noopener\">announced a month ago\u003c/a> will prioritize the 70 or so cases involving people currently in custody. The judges are working autonomously on cases affected by the texting scandal and culture of the police department, Gascón said.\u003c/p>\n\u003cp>His task force is also investigating the SFPD’s DNA crime lab and the \u003ca href=\"http://ww2.kqed.org/news/2015/03/26/sf-public-defender-sheriffs-deputies-bet-on-forced-battles-between-inmates\" target=\"_blank\" rel=\"noopener\">allegations\u003c/a> that sheriff’s deputies forced inmates to fight in one of the city’s jails.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A spokesman for the district attorney said prosecutors have so far dismissed eight pending cases involving officers implicated in the text messaging scandal.\u003c/p>\n\u003cp>The panel of retired judges consists of Cruz Reynoso, LaDoris Cordell and Dickran Tevrizian. Reynoso is a former associate justice of the California Supreme Court and vice chair of the U.S. Commission on Civil Rights. Cordell was a Santa Clara County Superior Court judge for 19 years and is currently the independent auditor for the San Jose Police Department. Tevrizian was a federal judge in California’s Central District for more than 20 years, retiring in 2007.\u003c/p>\n\u003cp>“Police officers have to abide by the constitutional protections that are guaranteed to each and every one of us as citizens or residents of this country,” he said. “I feel very strongly about that, and that’s why I agreed to come aboard.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr recommended \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">firing seven officers\u003c/a> who exchanged texts with former SFPD Sgt. Ian Furminger, who was convicted of federal fraud and conspiracy to violate civil rights charges in December. Furminger was \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\" rel=\"noopener\">sentenced\u003c/a> to three years and five months in prison.\u003c/p>\n\u003cp>All the texts implicating a total of 14 officers were recovered from Furminger’s phone and made public in a court filing opposing his bail request in March. One officer resigned, and Suhr recommended discipline — up to termination — for two more.\u003c/p>\n\u003cp>Suhr said that the remaining four officers’ conduct did not rise to the level of the other 10, and he would handle their discipline. In San Francisco, the chief of police can mete out discipline up to a 10-day suspension. Otherwise it is handled by the civilian Police Commission. The 10 cases referred to the commission are pending.\u003c/p>\n\u003cp>“San Francisco leads national conversations on equality and fairness instead of racism, sexism and homophobia,” Gascón said. “However, as recent revelations have shown, we’re not immune from this epidemic.”\u003c/p>\n\u003cp>But the Rev. Arnold Townsend, with the San Francisco NAACP, said statements of surprise over the racist text messages underscore a divided consciousness in the city.\u003c/p>\n\u003cp>“I doubt that there was an African-American in San Francisco that was surprised that we have bias in our police department,” he said. “That’s the amazing disconnect we have.”\u003c/p>\n\u003cp>The Rev. Amos Brown, head of the San Francisco NAACP, applauded the appointment of the judges.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Pull the cover off this cesspool of injustice and the criminalization of black people,” he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In a city with law enforcement agencies wracked by a string of scandals involving bigotry and corruption, heads of San Francisco’s criminal justice system gathered Wednesday for a conference on race and reform hosted by Public Defender Jeff Adachi.\u003c/p>\n\u003cp>Adachi opened the conference with a list of statistics from recent studies on racial disparities in San Francisco’s criminal justice system. The latest data came from the \u003ca href=\"http://www.cjcj.org/index.html\" target=\"_blank\" rel=\"noopener\">Center on Juvenile and Criminal Justice\u003c/a>, which found black women in San Francisco were 13 times more likely to be arrested than their counterparts of other races. The city’s arrest rate of African-American women is about four times the state average, according to the report (\u003ca href=\"#CJCJ\">read below\u003c/a>).\u003c/p>\n\u003cfigure id=\"attachment_10507456\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-10507456 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-800x433.jpg\" alt=\"A graph showing the multiples of likelihood that a black woman would be arrested in San Francisco, compared with women of other races, from 1980 to 2013.\" width=\"800\" height=\"433\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-800x433.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-400x217.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-960x520.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2.jpg 971w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A graph showing the multiples of likelihood that a black woman would be arrested in San Francisco, compared with women of other races, from 1980 to 2013. \u003ccite>(Center on Juvenile and Criminal Justice)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We really haven’t heard any explanation for why the city is so out of line for the rest of the state, and as far as we can tell, the rest of the country in terms of its disproportionate African-American arrest rates,” CJCJ senior researcher Mike Males told KQED in an interview. “And another thing is they’ve gotten worse over time.”\u003c/p>\n\u003cp>The disparity in San Francisco’s arrest rate for black women has more than tripled since 1980, according to the statistics compiled by the center.\u003c/p>\n\u003cp>Along with the data that describe San Francisco as an outlier in arrests of black people, talk of \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">racist and homophobic text messages\u003c/a> traded by \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">a group of current and former SFPD officers\u003c/a> hung over the conference.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘Because I’m black, I can never be blue enough for you? Shame on you. Shame on all of you.’\u003ccite>SFPD Sgt. Yulanda Williams,\u003cbr>\nOfficers for Justice\u003c/cite>\u003c/aside>\n\u003cp>Sgt. Yulanda Williams, president of \u003ca href=\"http://officersforjustice.org/\" target=\"_blank\" rel=\"noopener\">Officers for Justice\u003c/a>, was one of at least two black officers mentioned in text messages recovered from former Sgt. Ian Furminger’s cellphone. The texts were released after he was sentenced for federal fraud and conspiracy charges.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I joined what I thought was San Francisco’s finest,” she said. “It doesn’t feel like that today. It doesn’t feel like that to many of the minority officers.”\u003c/p>\n\u003cp>\u003cem>Listen to an execrpt of Williams’ comments below. At one point she says the content of the text that mentioned her by name, which used graphic and offensive language.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/203232933&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Williams said she viewed it as a betrayal that Police Chief Greg Suhr never addressed the scandal with rank-and-file officers, and Mayor Ed Lee never responded to her requests to meet. She said she’d heard rumors that the text messages were going to come out and called Suhr the day before they did.\u003c/p>\n\u003cp>“I was assured that my members had nothing to worry about and that I had nothing to worry about,” she said. “You don’t do that to your family. You don’t do that to people you love. Because I’m black, I can never be blue enough for you? Shame on you. Shame on all of you.”\u003c/p>\n\u003cp>Suhr didn’t attend the conference, but sent newly promoted Cmdr. Toney Chaplin.\u003c/p>\n\u003cp>“I’m in the unenviable position of being African-American and being a cop, and this is a tough time for most of the members of the San Francisco Police Department,” Chaplin said. “There’s a lot of African-American officers that are doing some self-reflecting about people they call friend.”\u003c/p>\n\u003cp>Williams said Officer for Justice is launching a “Not on My Watch” campaign that encourages officers to explicitly say what they will not tolerate in the department.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I’m in the unenviable position of being African American and being a cop. … There’s a lot of African American officers that are doing some self-reflecting about people they call friend.’\u003ccite>Commander Toney Chaplin\u003cbr>\nSan Francisco Police Department\u003c/cite>\u003c/aside>\n\u003cp>“It’s time for us to take swift action,” she said. “We need an inoculation. This is a cancer.”\u003c/p>\n\u003cp>The conference also heard from Galia Phillips, the assistant federal public defender in San Francisco, who said her office is challenging arrests in joint \u003ca href=\"http://www.sfgate.com/crime/article/Court-filing-alleges-racial-bias-in-Tenderloin-6174013.php\" target=\"_blank\" rel=\"noopener\">narcotics sweeps\u003c/a> of San Francisco’s Tenderloin neighborhood conducted by San Francisco police and federal Drug Enforcement Administration agents in 2013 and 2014. “Operation Safe Schools” resulted in 37 arrests in San Francisco for drug sales within 1,000 feet of a school.\u003c/p>\n\u003cp>“Every one of the 37 people that were charged were black,” Galia said.\u003c/p>\n\u003cp>Suhr said previously that racial bias didn’t factor into those arrests, and that all the defendants were selling drugs near schools.\u003c/p>\n\u003cp>But Galia’s challenge to the case cites police surveillance video in which an officer disparagingly refers to black males before being reminded by his partner that the camera is rolling, and another instance in which a confidential informant passes up an offer from an Asian dealer to wait for an African-American.\u003c/p>\n\u003cp>“Our challenge is not focused on whether or not any particular defendant was innocent or guilty,” Galia said. “Our challenge is focused on whether or not the operation is fair.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"CJCJ\">\u003c/a>\u003cbr>\n\u003cem>Read the Center on Juvenile and Criminal Justice report below:\u003c/em>\u003cbr>\n[scribd id=263591967 key=key-b6oYWQgHwwC7dO8DW6lP mode=scroll]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a city with law enforcement agencies wracked by a string of scandals involving bigotry and corruption, heads of San Francisco’s criminal justice system gathered Wednesday for a conference on race and reform hosted by Public Defender Jeff Adachi.\u003c/p>\n\u003cp>Adachi opened the conference with a list of statistics from recent studies on racial disparities in San Francisco’s criminal justice system. The latest data came from the \u003ca href=\"http://www.cjcj.org/index.html\" target=\"_blank\" rel=\"noopener\">Center on Juvenile and Criminal Justice\u003c/a>, which found black women in San Francisco were 13 times more likely to be arrested than their counterparts of other races. The city’s arrest rate of African-American women is about four times the state average, according to the report (\u003ca href=\"#CJCJ\">read below\u003c/a>).\u003c/p>\n\u003cfigure id=\"attachment_10507456\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-10507456 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-800x433.jpg\" alt=\"A graph showing the multiples of likelihood that a black woman would be arrested in San Francisco, compared with women of other races, from 1980 to 2013.\" width=\"800\" height=\"433\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-800x433.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-400x217.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2-960x520.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/04/CJCJ-fig.2.jpg 971w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A graph showing the multiples of likelihood that a black woman would be arrested in San Francisco, compared with women of other races, from 1980 to 2013. \u003ccite>(Center on Juvenile and Criminal Justice)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We really haven’t heard any explanation for why the city is so out of line for the rest of the state, and as far as we can tell, the rest of the country in terms of its disproportionate African-American arrest rates,” CJCJ senior researcher Mike Males told KQED in an interview. “And another thing is they’ve gotten worse over time.”\u003c/p>\n\u003cp>The disparity in San Francisco’s arrest rate for black women has more than tripled since 1980, according to the statistics compiled by the center.\u003c/p>\n\u003cp>Along with the data that describe San Francisco as an outlier in arrests of black people, talk of \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\" rel=\"noopener\">racist and homophobic text messages\u003c/a> traded by \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\" rel=\"noopener\">a group of current and former SFPD officers\u003c/a> hung over the conference.\u003c/p>\n\u003caside class=\"pullquote alignleft\">‘Because I’m black, I can never be blue enough for you? Shame on you. Shame on all of you.’\u003ccite>SFPD Sgt. Yulanda Williams,\u003cbr>\nOfficers for Justice\u003c/cite>\u003c/aside>\n\u003cp>Sgt. Yulanda Williams, president of \u003ca href=\"http://officersforjustice.org/\" target=\"_blank\" rel=\"noopener\">Officers for Justice\u003c/a>, was one of at least two black officers mentioned in text messages recovered from former Sgt. Ian Furminger’s cellphone. The texts were released after he was sentenced for federal fraud and conspiracy charges.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I joined what I thought was San Francisco’s finest,” she said. “It doesn’t feel like that today. It doesn’t feel like that to many of the minority officers.”\u003c/p>\n\u003cp>\u003cem>Listen to an execrpt of Williams’ comments below. At one point she says the content of the text that mentioned her by name, which used graphic and offensive language.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/203232933&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Williams said she viewed it as a betrayal that Police Chief Greg Suhr never addressed the scandal with rank-and-file officers, and Mayor Ed Lee never responded to her requests to meet. She said she’d heard rumors that the text messages were going to come out and called Suhr the day before they did.\u003c/p>\n\u003cp>“I was assured that my members had nothing to worry about and that I had nothing to worry about,” she said. “You don’t do that to your family. You don’t do that to people you love. Because I’m black, I can never be blue enough for you? Shame on you. Shame on all of you.”\u003c/p>\n\u003cp>Suhr didn’t attend the conference, but sent newly promoted Cmdr. Toney Chaplin.\u003c/p>\n\u003cp>“I’m in the unenviable position of being African-American and being a cop, and this is a tough time for most of the members of the San Francisco Police Department,” Chaplin said. “There’s a lot of African-American officers that are doing some self-reflecting about people they call friend.”\u003c/p>\n\u003cp>Williams said Officer for Justice is launching a “Not on My Watch” campaign that encourages officers to explicitly say what they will not tolerate in the department.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘I’m in the unenviable position of being African American and being a cop. … There’s a lot of African American officers that are doing some self-reflecting about people they call friend.’\u003ccite>Commander Toney Chaplin\u003cbr>\nSan Francisco Police Department\u003c/cite>\u003c/aside>\n\u003cp>“It’s time for us to take swift action,” she said. “We need an inoculation. This is a cancer.”\u003c/p>\n\u003cp>The conference also heard from Galia Phillips, the assistant federal public defender in San Francisco, who said her office is challenging arrests in joint \u003ca href=\"http://www.sfgate.com/crime/article/Court-filing-alleges-racial-bias-in-Tenderloin-6174013.php\" target=\"_blank\" rel=\"noopener\">narcotics sweeps\u003c/a> of San Francisco’s Tenderloin neighborhood conducted by San Francisco police and federal Drug Enforcement Administration agents in 2013 and 2014. “Operation Safe Schools” resulted in 37 arrests in San Francisco for drug sales within 1,000 feet of a school.\u003c/p>\n\u003cp>“Every one of the 37 people that were charged were black,” Galia said.\u003c/p>\n\u003cp>Suhr said previously that racial bias didn’t factor into those arrests, and that all the defendants were selling drugs near schools.\u003c/p>\n\u003cp>But Galia’s challenge to the case cites police surveillance video in which an officer disparagingly refers to black males before being reminded by his partner that the camera is rolling, and another instance in which a confidential informant passes up an offer from an Asian dealer to wait for an African-American.\u003c/p>\n\u003cp>“Our challenge is not focused on whether or not any particular defendant was innocent or guilty,” Galia said. “Our challenge is focused on whether or not the operation is fair.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca name=\"CJCJ\">\u003c/a>\u003cbr>\n\u003cem>Read the Center on Juvenile and Criminal Justice report below:\u003c/em>\u003cbr>\n\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/263591967/content?start_page=1&view_mode=&access_key=key-b6oYWQgHwwC7dO8DW6lP\"\n title=\"http://www.scribd.com/doc/263591967\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_263591967\"\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/263591967\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SFPD Captain Among 7 Officers Facing Termination in Text Messaging Scandal",
"title": "SFPD Captain Among 7 Officers Facing Termination in Text Messaging Scandal",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>Update 4:50 p.m. Friday\u003c/strong>: San Francisco Police Chief Greg Suhr said a captain is among seven officers who have been suspended and face being fired for trading bigoted text messages with a convicted former police sergeant.\u003c/p>\n\u003cp>\"Their conduct is incompatible with that of a police officer and I believe causes them to fall below the minimum qualifications required,\" Suhr told reporters today.\u003c/p>\n\u003caside class=\"pullquote alignright\">'There’s too little discipline and too little consequence for misconduct that happens here in San Francisco.'\u003ccite>Christine DeBerry,\u003cbr>San Francisco District Attorney Chief of Staff\u003c/cite>\u003c/aside>\n\u003cp>All of the text messages implicating a total of 14 officers were recovered from \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">ex-SFPD Sgt. Ian Furminger\u003c/a>'s cellphone during a federal criminal investigation. Furminger was convicted of fraud and conspiracy charges in December, and federal prosecutors included a sampling of the texts in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">March 13 filing\u003c/a> opposing the former sergeant's release on bail while he appeals.\u003c/p>\n\u003cp>The city's \u003ca href=\"http://sf-police.org/index.aspx?page=2572\" target=\"_blank\">Police Commission\u003c/a> makes the final determination on all officer discipline greater than a 10-day suspension.\u003c/p>\n\u003cp>An additional officer, Michael Robison, \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">resigned last month\u003c/a>, or the chief would have recommended he be fired as well, according to the department. Suhr said another officer may resign today.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I would imagine more of them, if not all of them, are considering the same thing,\" he said.\u003c/p>\n\u003cp>Two more officers have been reassigned to duties that do not include contact with the public while they await a hearing before the Police Commission, according to the department. Suhr said he recommended discipline up to and including termination for the pair, but he said their one-off texts with Furminger did not rise to the level of bias displayed by the suspended officers.\u003c/p>\n\u003cp>\"If you read the text messages, it's not even close,\" Suhr said. \"The racial sentiment expressed in the others is not as clear, although it appears to be present in the other two, and I think it's something the commission needs to hear.\"\u003c/p>\n\u003cp>[contextly_sidebar id=\"v3jT5pOBk88ekUlPIyOQ7UVExUdOAfVO\"]\u003c/p>\n\u003cp>If you're counting, that leaves four officers whose discipline Suhr said he will handle in-house. The chief said one officer texted Furminger that he was somewhere other than where he was assigned to be at the time.\u003c/p>\n\u003cp>The remaining three officers responded to texts from Furminger in a way they say was meant to be dismissive, Suhr said, \"but they were not the kind of language that a police officer should be using, and all three ... didn't tell anybody of Mr. Furminger's tone and character. And they were supposed to.\"\u003c/p>\n\u003cp>Public Defender Jeff Adachi said he expects the greater number of police officers' involvement to \"significantly widen\" his \u003ca href=\"http://ww2.kqed.org/news/2015/03/18/sfpd-racist-text-scandal-expands-public-defender-seeks-police-reform/\" target=\"_blank\">initial estimate\u003c/a> that as many as 1,000 cases could be affected by proof that arresting or testifying officers harbor racial bias.\u003c/p>\n\u003cp>\u003cstrong>Original Post\u003c/strong>:\u003cbr>\nSan Francisco Police Chief Greg Suhr announced Friday that eight SFPD officers have been suspended because of their roles in a racist and/or homophobic text messaging scandal that has rocked the department.\u003c/p>\n\u003cp>One of the suspended officers, however, has already \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">resigned\u003c/a>.\u003c/p>\n\u003cp>\"Eight of the members engaged in text messages of such extreme bias, and Chief Suhr believes their conduct is incompatible with the duties of a police officer,\" said an SFPD press release. \"These officers' text messages are of such despicable thinking that those responsible clearly fall below the minimum standards required to be a police officer.\"\u003c/p>\n\u003cp>Their cases have been forwarded to the Police Commission, with the recommendation of termination.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We need to be a police department that the community trusts and goes to and doesn’t see this small, half-a-percent of officers, or less, as indicative of San Francisco police officers.'\u003ccite>Greg Suhr,\u003cbr>San Francisco Police Chief\u003c/cite>\u003c/aside>\n\u003cp>Fourteen officers were the focus of an internal SFPD probe that is now complete. In addition to the eight who will be suspended, six other officers face lesser consequences.\u003c/p>\n\u003cp>Two officers who took part in \"single texting events that included inflammatory texts\" have been reassigned to non-public contact positions. Their cases have also been forwarded to the commission.\u003c/p>\n\u003cp>The four remaining officers also engaged in \"single texting events\" that violated department policy but didn't involve hate speech. They'll be disciplined by Suhr, who can suspend an officer without pay for up to 10 days.\u003c/p>\n\u003cp>On Thursday night, San Francisco criminal justice and community leaders traded criticism at a Board of Supervisors committee hearing addressing the scandal that has beset the SFPD since mid-March.\u003c/p>\n\u003cp>Foreshadowing today's news, Suhr told the city's Public Safety and Neighborhood Services Committee that the department's internal investigation into 14 officers was on the verge of wrapping up.\u003c/p>\n\u003cp>\"There will be suspensions,\" Suhr said. \"There will be more than a few officers referred to the Police Commission with a singular recommendation for termination. I cannot unring the bell on these texts. I am as disgusted by them as everyone should be.\"\u003c/p>\n\u003cp>The SFPD is also reviewing the officer's personal history questionnaires \"to see if there's any common denominator among them all that should have been a red flag, that should have been caught, that should have prevented them from being hired,\" Suhr said.\u003c/p>\n\u003cp>Christine DeBerry, chief of staff in the San Francisco District Attorney's Office, said a 10-year review of cases involving four officers so far identified turned up more than 3,000 arrests, about 1,600 of which resulted in prosecutors filing charges.\u003c/p>\n\u003cp>“The thing that we do not want is to conduct a look-back, go through 3,000 cases, and then in another year or two years find ourselves with another scandal on our desks and another situation we have to try and unravel,” she said.\u003c/p>\n\u003cp>The district attorney is asking the city for more money to fund a new task force on law enforcement misconduct, DeBerry said, and would like to see more transparency around police misconduct investigations, and swifter discipline.\u003c/p>\n\u003cp>“There’s too little discipline and too little consequence for misconduct that happens here in San Francisco,” she said. “It’s a very rare situation where somebody is fired for the kinds of misconduct. There are very few cases that are reported to us for misconduct and the discipline that’s meted out is rare, relatively weak and uncertain.”\u003c/p>\n\u003cp>Police commissioners have said they’ve fired seven police officers over the last several years, but California law requires details of individual officer discipline to be confidential.\u003c/p>\n\u003cp>Public Defender Jeff Adachi played two recordings of statements he said were from former clients recounting their experiences with convicted ex-SFPD Sgt. Ian Furminger and another officer identified in the texting scandal, Noel Schwab.\u003c/p>\n\u003cp>Michael Gebreyesus told Adachi in one of the recorded conversations that Schwab arrested him for a misdemeanor in 2007, then repeatedly referred to African-Americans as \"monkeys\" and a racist slur.\u003c/p>\n\u003cp>\"I’m getting mad right now just thinking about it,\" Gebreyesus said on the recording.\u003c/p>\n\u003cp>Adachi also played a recording of a statement from Nora Wheeler, who he said is currently in a Ph.D. program in England. Wheeler said she was arrested and injured by Ian Furminger.\u003c/p>\n\u003cp>\"I did follow through and file a complaint,\" she said, but she was later told that photographs of her injuries no longer existed. \"The evidence went missing,\" she said.\u003c/p>\n\u003cp>Citing SFPD traffic stop data from 2013, Adachi said African-Americans are three times likelier to be pulled over in San Francisco than white people are. In general, Adachi said African-Americans were seven times more likely to be arrested than white people, according to state Department of Justice data. A 2012 \u003ca href=\"http://www.cjcj.org/news/6233\" target=\"_blank\">study\u003c/a> found African-Americans are arrested for felony drug possession in San Francisco at a rate 19 times higher than other races in San Francisco.\u003c/p>\n\u003cp>Suhr said narcotics arrest statistics are changing, down more than 85 percent last year.\u003c/p>\n\u003cp>\"People who normally used to traffic in narcotics have now gone on to traffic in electronic goods,\" Suhr said, noting an uptick in property crime across the state in the past year.\u003c/p>\n\u003cp>Supervisor Eric Mar pressed Suhr on whether the text messages are a \"symptom of a much larger problem that needs to be addressed institutionally within the police department, and part of a culture within the police department.\"\u003c/p>\n\u003cp>Suhr said law enforcement, like any profession, has a culture associated with it. He said the best way to change attitudes is by filling more than 300 new officer positions with \"young people that are right-minded.\"\u003c/p>\n\u003cp>\"We need to be a police department that the community trusts and goes to and doesn’t see this small, half-a-percent of officers, or less, as indicative of San Francisco police officers,\" Suhr said. He said the department is ramping up racial profiling and implicit, or subconscious, bias training.\u003c/p>\n\u003cp>Officers for Justice Peace Officers Association President Sgt. Yulanda Williams said the texts had left a \"gaping wound\" in the department. The association represents minority San Francisco police officers.\u003c/p>\n\u003cp>\"I have officers who are suffering from post-traumatic stress, which is related to the ways they have been treated within the San Francisco Police Department,\" she said.\u003c/p>\n\u003cp>Williams called on the city to call a meeting at which OFJ members could be debriefed, \"So that our members can tell you how we felt, how we have been hurt by being a member of the San Francisco Police Department,\" she said. \"We risk our lives on a daily basis because we love to do this. We are here as your servants. However, for us to have been disrespected at this level is inexcusable.\"\u003c/p>\n\u003cp>Board of Supervisors President London Breed closed the meeting with a suggestion for San Francisco criminal justice department heads.\u003c/p>\n\u003cp>\"They need to all grow up and act like adults and figure out a way to work together so we can solve this problem,\" Breed said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Patricia Yollin of KQED contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update 4:50 p.m. Friday\u003c/strong>: San Francisco Police Chief Greg Suhr said a captain is among seven officers who have been suspended and face being fired for trading bigoted text messages with a convicted former police sergeant.\u003c/p>\n\u003cp>\"Their conduct is incompatible with that of a police officer and I believe causes them to fall below the minimum qualifications required,\" Suhr told reporters today.\u003c/p>\n\u003caside class=\"pullquote alignright\">'There’s too little discipline and too little consequence for misconduct that happens here in San Francisco.'\u003ccite>Christine DeBerry,\u003cbr>San Francisco District Attorney Chief of Staff\u003c/cite>\u003c/aside>\n\u003cp>All of the text messages implicating a total of 14 officers were recovered from \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">ex-SFPD Sgt. Ian Furminger\u003c/a>'s cellphone during a federal criminal investigation. Furminger was convicted of fraud and conspiracy charges in December, and federal prosecutors included a sampling of the texts in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">March 13 filing\u003c/a> opposing the former sergeant's release on bail while he appeals.\u003c/p>\n\u003cp>The city's \u003ca href=\"http://sf-police.org/index.aspx?page=2572\" target=\"_blank\">Police Commission\u003c/a> makes the final determination on all officer discipline greater than a 10-day suspension.\u003c/p>\n\u003cp>An additional officer, Michael Robison, \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">resigned last month\u003c/a>, or the chief would have recommended he be fired as well, according to the department. Suhr said another officer may resign today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I would imagine more of them, if not all of them, are considering the same thing,\" he said.\u003c/p>\n\u003cp>Two more officers have been reassigned to duties that do not include contact with the public while they await a hearing before the Police Commission, according to the department. Suhr said he recommended discipline up to and including termination for the pair, but he said their one-off texts with Furminger did not rise to the level of bias displayed by the suspended officers.\u003c/p>\n\u003cp>\"If you read the text messages, it's not even close,\" Suhr said. \"The racial sentiment expressed in the others is not as clear, although it appears to be present in the other two, and I think it's something the commission needs to hear.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>If you're counting, that leaves four officers whose discipline Suhr said he will handle in-house. The chief said one officer texted Furminger that he was somewhere other than where he was assigned to be at the time.\u003c/p>\n\u003cp>The remaining three officers responded to texts from Furminger in a way they say was meant to be dismissive, Suhr said, \"but they were not the kind of language that a police officer should be using, and all three ... didn't tell anybody of Mr. Furminger's tone and character. And they were supposed to.\"\u003c/p>\n\u003cp>Public Defender Jeff Adachi said he expects the greater number of police officers' involvement to \"significantly widen\" his \u003ca href=\"http://ww2.kqed.org/news/2015/03/18/sfpd-racist-text-scandal-expands-public-defender-seeks-police-reform/\" target=\"_blank\">initial estimate\u003c/a> that as many as 1,000 cases could be affected by proof that arresting or testifying officers harbor racial bias.\u003c/p>\n\u003cp>\u003cstrong>Original Post\u003c/strong>:\u003cbr>\nSan Francisco Police Chief Greg Suhr announced Friday that eight SFPD officers have been suspended because of their roles in a racist and/or homophobic text messaging scandal that has rocked the department.\u003c/p>\n\u003cp>One of the suspended officers, however, has already \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">resigned\u003c/a>.\u003c/p>\n\u003cp>\"Eight of the members engaged in text messages of such extreme bias, and Chief Suhr believes their conduct is incompatible with the duties of a police officer,\" said an SFPD press release. \"These officers' text messages are of such despicable thinking that those responsible clearly fall below the minimum standards required to be a police officer.\"\u003c/p>\n\u003cp>Their cases have been forwarded to the Police Commission, with the recommendation of termination.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We need to be a police department that the community trusts and goes to and doesn’t see this small, half-a-percent of officers, or less, as indicative of San Francisco police officers.'\u003ccite>Greg Suhr,\u003cbr>San Francisco Police Chief\u003c/cite>\u003c/aside>\n\u003cp>Fourteen officers were the focus of an internal SFPD probe that is now complete. In addition to the eight who will be suspended, six other officers face lesser consequences.\u003c/p>\n\u003cp>Two officers who took part in \"single texting events that included inflammatory texts\" have been reassigned to non-public contact positions. Their cases have also been forwarded to the commission.\u003c/p>\n\u003cp>The four remaining officers also engaged in \"single texting events\" that violated department policy but didn't involve hate speech. They'll be disciplined by Suhr, who can suspend an officer without pay for up to 10 days.\u003c/p>\n\u003cp>On Thursday night, San Francisco criminal justice and community leaders traded criticism at a Board of Supervisors committee hearing addressing the scandal that has beset the SFPD since mid-March.\u003c/p>\n\u003cp>Foreshadowing today's news, Suhr told the city's Public Safety and Neighborhood Services Committee that the department's internal investigation into 14 officers was on the verge of wrapping up.\u003c/p>\n\u003cp>\"There will be suspensions,\" Suhr said. \"There will be more than a few officers referred to the Police Commission with a singular recommendation for termination. I cannot unring the bell on these texts. I am as disgusted by them as everyone should be.\"\u003c/p>\n\u003cp>The SFPD is also reviewing the officer's personal history questionnaires \"to see if there's any common denominator among them all that should have been a red flag, that should have been caught, that should have prevented them from being hired,\" Suhr said.\u003c/p>\n\u003cp>Christine DeBerry, chief of staff in the San Francisco District Attorney's Office, said a 10-year review of cases involving four officers so far identified turned up more than 3,000 arrests, about 1,600 of which resulted in prosecutors filing charges.\u003c/p>\n\u003cp>“The thing that we do not want is to conduct a look-back, go through 3,000 cases, and then in another year or two years find ourselves with another scandal on our desks and another situation we have to try and unravel,” she said.\u003c/p>\n\u003cp>The district attorney is asking the city for more money to fund a new task force on law enforcement misconduct, DeBerry said, and would like to see more transparency around police misconduct investigations, and swifter discipline.\u003c/p>\n\u003cp>“There’s too little discipline and too little consequence for misconduct that happens here in San Francisco,” she said. “It’s a very rare situation where somebody is fired for the kinds of misconduct. There are very few cases that are reported to us for misconduct and the discipline that’s meted out is rare, relatively weak and uncertain.”\u003c/p>\n\u003cp>Police commissioners have said they’ve fired seven police officers over the last several years, but California law requires details of individual officer discipline to be confidential.\u003c/p>\n\u003cp>Public Defender Jeff Adachi played two recordings of statements he said were from former clients recounting their experiences with convicted ex-SFPD Sgt. Ian Furminger and another officer identified in the texting scandal, Noel Schwab.\u003c/p>\n\u003cp>Michael Gebreyesus told Adachi in one of the recorded conversations that Schwab arrested him for a misdemeanor in 2007, then repeatedly referred to African-Americans as \"monkeys\" and a racist slur.\u003c/p>\n\u003cp>\"I’m getting mad right now just thinking about it,\" Gebreyesus said on the recording.\u003c/p>\n\u003cp>Adachi also played a recording of a statement from Nora Wheeler, who he said is currently in a Ph.D. program in England. Wheeler said she was arrested and injured by Ian Furminger.\u003c/p>\n\u003cp>\"I did follow through and file a complaint,\" she said, but she was later told that photographs of her injuries no longer existed. \"The evidence went missing,\" she said.\u003c/p>\n\u003cp>Citing SFPD traffic stop data from 2013, Adachi said African-Americans are three times likelier to be pulled over in San Francisco than white people are. In general, Adachi said African-Americans were seven times more likely to be arrested than white people, according to state Department of Justice data. A 2012 \u003ca href=\"http://www.cjcj.org/news/6233\" target=\"_blank\">study\u003c/a> found African-Americans are arrested for felony drug possession in San Francisco at a rate 19 times higher than other races in San Francisco.\u003c/p>\n\u003cp>Suhr said narcotics arrest statistics are changing, down more than 85 percent last year.\u003c/p>\n\u003cp>\"People who normally used to traffic in narcotics have now gone on to traffic in electronic goods,\" Suhr said, noting an uptick in property crime across the state in the past year.\u003c/p>\n\u003cp>Supervisor Eric Mar pressed Suhr on whether the text messages are a \"symptom of a much larger problem that needs to be addressed institutionally within the police department, and part of a culture within the police department.\"\u003c/p>\n\u003cp>Suhr said law enforcement, like any profession, has a culture associated with it. He said the best way to change attitudes is by filling more than 300 new officer positions with \"young people that are right-minded.\"\u003c/p>\n\u003cp>\"We need to be a police department that the community trusts and goes to and doesn’t see this small, half-a-percent of officers, or less, as indicative of San Francisco police officers,\" Suhr said. He said the department is ramping up racial profiling and implicit, or subconscious, bias training.\u003c/p>\n\u003cp>Officers for Justice Peace Officers Association President Sgt. Yulanda Williams said the texts had left a \"gaping wound\" in the department. The association represents minority San Francisco police officers.\u003c/p>\n\u003cp>\"I have officers who are suffering from post-traumatic stress, which is related to the ways they have been treated within the San Francisco Police Department,\" she said.\u003c/p>\n\u003cp>Williams called on the city to call a meeting at which OFJ members could be debriefed, \"So that our members can tell you how we felt, how we have been hurt by being a member of the San Francisco Police Department,\" she said. \"We risk our lives on a daily basis because we love to do this. We are here as your servants. However, for us to have been disrespected at this level is inexcusable.\"\u003c/p>\n\u003cp>Board of Supervisors President London Breed closed the meeting with a suggestion for San Francisco criminal justice department heads.\u003c/p>\n\u003cp>\"They need to all grow up and act like adults and figure out a way to work together so we can solve this problem,\" Breed said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Patricia Yollin of KQED contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Fallout From SFPD Racist Texts: Officer Resigns Amid Scandal",
"title": "Fallout From SFPD Racist Texts: Officer Resigns Amid Scandal",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>Update, 4:45 p.m. Thursday\u003c/strong>:\u003c/p>\n\u003cp>One of four San Francisco police officers, who was reassigned while the department's internal affairs division investigates their involvement in racist and homophobic text messages, has resigned.\u003c/p>\n\u003cp>Michael Robison, who served as an SFPD officer for 23 years, resigned Wednesday, his attorney Anthony Brass confirmed today.\u003c/p>\n\u003cp>\"He resigned in order to spare himself the stress of living knowing that he was going to be terminated,\" Brass said. \"The chief's comments that the four officers would be terminated following the investigation let him know what the outcome of this would be, really no matter what.\"\u003c/p>\n\u003cp>Police Chief Greg Suhr had said he would seek to terminate any officers found by the investigation to be biased. Suhr did not immediately respond to a request for comment Thursday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Text messages recovered from former SFPD Sgt. Ian Furminger's cell phone were revealed in a federal court \u003ca href=\"#document\">filing\u003c/a> last week opposing Furminger's request for bail while he appeals his conviction on federal fraud and conspiracy charges.\u003c/p>\n\u003cp>The messages initially implicated officers Michael Celis, Rain Daugherty and Noel Schwab, in addition to Robison. Furminger's motion was denied, and he's scheduled to surrender in early April for a prison sentence of three years and five months.\u003c/p>\n\u003cp>[contextly_sidebar id=\"5iuKqQs1UnaiTmEai2zXQTkoAoMAAsUr\"]\u003c/p>\n\u003cp>An SFPD spokesman said Thursday that \u003ca href=\"http://ww2.kqed.org/news/2015/03/18/sfpd-racist-text-scandal-expands-public-defender-seeks-police-reform/\" target=\"_blank\">10 additional officers\u003c/a> caught up in the probe are no longer under investigation. They had traded messages with Furminger, but those were \"deemed not inappropriate,\" the spokesman said.\u003c/p>\n\u003cp>Robison was openly gay and was quoted in \u003ca href=\"http://www.advocate.com/\" target=\"_blank\">The Advocate\u003c/a>, a national gay and lesbian news magazine in a \u003ca href=\"http://www.thefreelibrary.com/Good+cop+gay+cop%3A+from+the+beat+patrol+to+the+precinct+house,+gay+and...-a020350566\" target=\"_blank\">1998 article\u003c/a> about challenges faced by gay police officers:\u003c/p>\n\u003cblockquote>\u003cp>\"The `good ol' boys' system is on its way out, and the newer generation that's replaced them sees things from a more open-minded standpoint. We have a common saying among people in the department: `When you're at work you're all wearing blue.' I really hand it to the people who came out back then because they really-paved-the way for us.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"Mike Robison is not a racist,\" Brass said. \"He works with people of varied ethnicity every day. He understands bigotry from the other side because as an openly gay officer, he exposes himself to a great deal of bigotry and well understands the hurt of that, and would never want to impose that on other people. The problem is that there really is no explanation that's going to satisfy his chief, the community or anyone regarding these texts. The texts are just literally -- they speak for themselves -- and there's no changing that.\"\u003c/p>\n\u003cp>\u003cstrong>Update, 5:15 p.m. Monday:\u003c/strong> San Francisco Mayor Ed Lee has joined the city's top prosecutor, public defender and police chief in condemning racist and homophobic texts that a court filing shows were exchanged among a group of San Francisco police officers.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/196239694\" params=\"color=0066cc&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>The texts were disclosed Friday in a motion involving former San Francisco police Sgt. Ian Furminger, who is facing 41 months in prison after being convicted in December on charges of wire fraud and conspiracy. Federal prosecutors opposing Furminger's motion to remain free on bail bolstered their argument by including \u003ca href=\"#document\">transcripts of texts\u003c/a> between him and former SFPD colleagues.\u003c/p>\n\u003caside class=\"alignright pullquote\">'It was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology. And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.'\u003ccite>\u003ccite>Yulanda Williams,\u003c/cite>\u003c/cite>Officers for Justice President\u003c/aside>\n\u003cp>The messages contain various disparaging references to African-Americans, Latinos, Filipinos and gay people. Some of them were directed at specific officers.\u003c/p>\n\u003cp>Sgt. Yulanda Williams is president of \u003ca href=\"http://officersforjustice.org/about-us.html\" target=\"_blank\">Officers for Justice\u003c/a>, an association of SFPD officers formed in 1968 to advocate for the civil rights of minorities, women and LGBT people. One of the text exchanges that refers to her uses a derogatory phrase offensive to both black people and women.\u003c/p>\n\u003cp>\"It was rather shocking to know that there were people working around me that had this type of ideology,\" Williams said in an interview with KQED's Sara Hossaini. Williams added that she is acquainted with Furminger and one of the officers under investigation, Michael Robison.\u003c/p>\n\u003cp>\"When I read it, it was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology,\" she said. \"And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.\"\u003c/p>\n\u003cp>Officers for Justice released a \u003ca href=\"http://officersforjustice.org/uploads/3/3/4/0/3340987/text_press_release_1.1.pdf\" target=\"_blank\">statement today\u003c/a> calling for complete transparency and expressing suspicion that \"Textgate\" goes beyond the four officers who San Francisco Police Chief Greg Suhr confirmed are under investigation for exchanging the messages with Furminger.\u003c/p>\n\u003cp>Suhr has said the department will pursue disciplinary action against the officers and conduct a review of its hiring and training policies in light of the disclosures.\u003c/p>\n\u003cp>“It is both shocking and disturbing to hear that four San Francisco police officers are under investigation for such heinous and despicable statements,\" Mayor Lee said in a statement Monday. \"The content of these text messages displays a bias that is incompatible with the values of our City and incompatible with the ability to perform sworn duties as a police officer.\"\u003c/p>\n\u003cp>Lee said that he expected the officers involved to be fired \"if these statements are attributable to any San Francisco police officer.\"\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi said the problem of racial bias in the SFPD goes beyond the four officers currently under investigation. He's calling for a federal probe much like the U.S. Department of Justice \u003ca href=\"http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf\" target=\"_blank\">investigation\u003c/a> of the Ferguson, Missouri, Police Department released earlier this month.\u003c/p>\n\u003cp>\"These texts display deep-rooted racism within members of the San Francisco Police Department,\" Adachi said in an interview Monday. \"Some of these texts are even more outrageous and hurtful than some of the emails from the Ferguson Police Department report.\"\u003c/p>\n\u003cp>Adachi cited a city report from 2013 that found 56 percent of San Francisco's jail inmates are African-American, despite making up just 6 percent of the city's residents.\u003c/p>\n\u003cp>\"What is the training that officers receive, and why do we have such a disproportionate rate of arresting and jailing African-Americans in San Francisco?\" Adachi asked.\u003c/p>\n\u003cp>District Attorney George Gascón said in a statement he is \"deeply disturbed\" by the offensive messages.\u003c/p>\n\u003cp>\"There is no place for bigotry in San Francisco,\" the statement said. \"In order to ensure our criminal justice system is fair and equitable, my office is conducting an immediate assessment of every prosecution within the past ten years where these officers were involved.”\u003c/p>\n\u003cp>\u003cstrong>Update, 11:30 a.m. Monday\u003c/strong>: San Francisco Police Chief Greg Suhr says the department will examine hiring and training policies in the wake of the disclosure of racist and homophobic text messages swapped among several police officers.\u003c/p>\n\u003cp>\"We will look at the hiring/background processes to identify how anyone capable of statements of such extreme bias could be hired as police officers in the first place,\" Suhr wrote in a text reply to questions from KQED. \"We have training scheduled on implicit bias and we will be doing more.\"\u003c/p>\n\u003cp>Attorneys representing three of four San Francisco officers under investigation for their part in the offensive texts have confirmed their clients' identities.\u003c/p>\n\u003cp>\"They're mortified to be involved in anything like this,\" said defense attorney Tony Brass, who is representing Officers Michael Robison and Michael Celis. \"They understand that this is going to have dire consequences for them both professionally and in the public view.\"\u003c/p>\n\u003cp>The texts were made public in a court filing Friday by federal prosecutors opposing a bid by former San Francisco police Sgt. Ian Furminger to remain free on on bail while he appeals a conviction for fraud and conspiracy. The filing (\u003ca href=\"#document\">read below\u003c/a>) discloses only some of the text messages collected from Furminger's cell phone.\u003c/p>\n\u003cp>The texts repeatedly use epithets referring to black people, as well as disparaging references to Mexican and Filipino people. Some texts from Furminger also include slurs about gay people.\u003c/p>\n\u003cp>Brass said he doesn't yet know which texts were sent or received by which officers.\u003c/p>\n\u003cp>\"There's four police officers involved and the one person that is identified as the hub of this is Ian Furminger,\" Brass said. \"But whether Mike Celis or Mike Robison are involved in the ones that are quite shocking, I don't know.\"\u003c/p>\n\u003cp>Brass said his first meeting with Police Department internal affairs investigators is scheduled for March 25, and his clients believe they could be fired.\u003c/p>\n\u003cp>Alison Wilkinson represents Officer Rain Daugherty. She confirmed via email that her client is under investigation for texts he traded with Furminger.\u003c/p>\n\u003cp>\"Officer Daugherty is appropriately ashamed by his impulsive and insensitive banter,\" Wilkinson wrote, \"and accepts full responsibility for the content of those text messages that he sent, which are by no means a reflection of his true character or his style of policing.\"\u003c/p>\n\u003cp>A department spokeswoman said Suhr would recommend all four officers be fired if the investigation proved racial bias. The final decision lies with the city's Police Commission.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfgate.com/crime/article/Officers-linked-to-racist-texts-were-all-veterans-6134489.php\" target=\"_blank\">identified the fourth officer\u003c/a> under investigation as Noel Schwab. His attorney did not return calls for comment.\u003c/p>\n\u003cp>Mark Goldrosen is the latest in a series of attorneys representing Furminger.\u003c/p>\n\u003cp>\"Ian Furminger is not a racist or homophobe,\" Goldrosen wrote in an email. \"His closest friends, both at work and in his social life, include many people of different races and sexual orientations.\"\u003c/p>\n\u003cp>Furminger's \u003ca href=\"https://www.scribd.com/doc/258927681/Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">motion for bail pending appeal\u003c/a> presents a dedicated, veteran police officer who coaches youth sports and volunteers at school functions, including as a physical education teacher for his children's schools. One of the texts released Friday references Furminger's concern about black children attending his son's school.\u003c/p>\n\u003cp>\"Furminger actively promotes the fantasy that he is a person of character,\" federal prosecutors wrote in their response to the motion. \"Although these sort of overtly racist views sadly still are expressed in some communities, it is shocking and appalling to find a police officer in San Francisco who would give voice to them. Furminger’s willingness to do so -- which exemplifies his erratic and anti-social behavior -- should be taken into account.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, Friday, March 13\u003c/strong>:\u003c/p>\n\u003cp>The San Francisco Police Department says it's investigating four current members of the force who reportedly joined in an exchange of racist and homophobic text messages with an SFPD sergeant recently convicted on theft and corruption charges, KQED has learned.\u003c/p>\n\u003cp>The texts (\u003ca href=\"#document\">read below\u003c/a>), which were disclosed in a court filing by federal prosecutors on Friday, all involve former Sgt. Ian Furminger, convicted in December for his role in a series of thefts from drug suspects.\u003c/p>\n\u003cp>Furminger is appealing his conviction to the 9th U.S. Circuit Court of Appeals. He was formerly a supervisor in the Police Department's Mission District plainclothes unit.\u003c/p>\n\u003cp>The Police Department says the texts, sent between late 2011 and the middle of 2012, implicate four other officers who are now the subjects of a department inquiry.\u003c/p>\n\u003caside class=\"alignright pullquote\">Texts show Furminger and other officers swapping slurs about black people and gay people, including other police officers.\u003c/aside>\n\u003cp>\"It’s an internal affairs investigation looking into officers who have shown extreme bias, which has no place in the San Francisco Police Department,\" Sgt. Monica Macdonald said. \"The officers were reassigned some time ago while the investigation is under way.\"\u003c/p>\n\u003cp>Federal prosecutors included more than two dozen text conversations in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">federal court filing\u003c/a> opposing Furminger's request to remain out on bail while he awaits his appeal. \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">He was sentenced\u003c/a> to three years, five months in prison last month.\u003c/p>\n\u003cp>The texts show Furminger and other San Francisco police officers repeatedly swapping slurs about black people and gay people, including other police officers. In one exchange on Nov. 9, 2011, Furminger writes about his son's school:\u003c/p>\n\u003cp>\"We got two blacks at my boys school and they are brother and sister! There cause dad works for the school district and I am watching them like hawks.\"\u003c/p>\n\u003cp>The response, from an unnamed civilian: \"Do you celebrate qaunza [sic] at your school?\"\u003c/p>\n\u003cp>Furminger: \"Yeah we burn the cross on the field! Then celebrate Whitemas ... Its worth every penny to live here [Walnut Creek] away from the savages.\"\u003c/p>\n\u003cp>An unnamed officer texted the phrase \"White power\" to Furminger, who later repeats the phrase in a text to an SFPD officer. He also texted \"White power family\" to a civilian, followed by a redacted reference to his home address.\u003c/p>\n\u003cp>An anonymous SFPD officer had a suggestion for Furminger after the convicted ex-sergeant texted that a friend of his wife's was visiting with her husband, who is black:\u003c/p>\n\u003cp>\"Get ur pocket gun. Keep it available in case the monkey returns to his roots,\" the response says. \"Its not against the law to put an animal down.\"\u003c/p>\n\u003cp>Furminger responded: \"Well said.\"\u003c/p>\n\u003cp>Furminger also repeatedly calls another officer a \"fag,\" and makes racist comments about Mexican and Filipino people.\u003c/p>\n\u003cp>While the texts were all recovered from Furminger's personal cellphone, it's not immediately clear whether the officers he was communicating with were using department-issued phones.\u003c/p>\n\u003cp>Sgt. Macdonald said it doesn't necessarily matter, though, as the texts appear to violate SFPD's \u003ca href=\"http://www.sf-police.org/Modules/ShowDocument.aspx?documentid=25894\" target=\"_blank\">policy prohibiting biased policing\u003c/a> either way.\u003c/p>\n\u003cp>\"If someone’s biased, whether this occurs on duty or off duty, it’s something we take very seriously,\" she said.\u003c/p>\n\u003cp>Furminger's attorney did not immediately respond for a request for comment. Federal Judge Charles Breyer is expected to take up Furminger's bail motion next week.\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003c/p>\n\u003cp>Read the government's filing below:\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/258662847/content?start_page=10&view_mode=scroll&access_key=key-4PrzG9WB90fKrpx5uYTj&show_recommendations=false\" data-auto-height=\"false\" data-aspect-ratio=\"1.2941176470588236\" scrolling=\"no\" id=\"doc_77667\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>KQED's Ted Goldberg, Dan Brekke and Sara Hossaini contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 4:45 p.m. Thursday\u003c/strong>:\u003c/p>\n\u003cp>One of four San Francisco police officers, who was reassigned while the department's internal affairs division investigates their involvement in racist and homophobic text messages, has resigned.\u003c/p>\n\u003cp>Michael Robison, who served as an SFPD officer for 23 years, resigned Wednesday, his attorney Anthony Brass confirmed today.\u003c/p>\n\u003cp>\"He resigned in order to spare himself the stress of living knowing that he was going to be terminated,\" Brass said. \"The chief's comments that the four officers would be terminated following the investigation let him know what the outcome of this would be, really no matter what.\"\u003c/p>\n\u003cp>Police Chief Greg Suhr had said he would seek to terminate any officers found by the investigation to be biased. Suhr did not immediately respond to a request for comment Thursday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Text messages recovered from former SFPD Sgt. Ian Furminger's cell phone were revealed in a federal court \u003ca href=\"#document\">filing\u003c/a> last week opposing Furminger's request for bail while he appeals his conviction on federal fraud and conspiracy charges.\u003c/p>\n\u003cp>The messages initially implicated officers Michael Celis, Rain Daugherty and Noel Schwab, in addition to Robison. Furminger's motion was denied, and he's scheduled to surrender in early April for a prison sentence of three years and five months.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>An SFPD spokesman said Thursday that \u003ca href=\"http://ww2.kqed.org/news/2015/03/18/sfpd-racist-text-scandal-expands-public-defender-seeks-police-reform/\" target=\"_blank\">10 additional officers\u003c/a> caught up in the probe are no longer under investigation. They had traded messages with Furminger, but those were \"deemed not inappropriate,\" the spokesman said.\u003c/p>\n\u003cp>Robison was openly gay and was quoted in \u003ca href=\"http://www.advocate.com/\" target=\"_blank\">The Advocate\u003c/a>, a national gay and lesbian news magazine in a \u003ca href=\"http://www.thefreelibrary.com/Good+cop+gay+cop%3A+from+the+beat+patrol+to+the+precinct+house,+gay+and...-a020350566\" target=\"_blank\">1998 article\u003c/a> about challenges faced by gay police officers:\u003c/p>\n\u003cblockquote>\u003cp>\"The `good ol' boys' system is on its way out, and the newer generation that's replaced them sees things from a more open-minded standpoint. We have a common saying among people in the department: `When you're at work you're all wearing blue.' I really hand it to the people who came out back then because they really-paved-the way for us.\"\u003c/p>\u003c/blockquote>\n\u003cp>\"Mike Robison is not a racist,\" Brass said. \"He works with people of varied ethnicity every day. He understands bigotry from the other side because as an openly gay officer, he exposes himself to a great deal of bigotry and well understands the hurt of that, and would never want to impose that on other people. The problem is that there really is no explanation that's going to satisfy his chief, the community or anyone regarding these texts. The texts are just literally -- they speak for themselves -- and there's no changing that.\"\u003c/p>\n\u003cp>\u003cstrong>Update, 5:15 p.m. Monday:\u003c/strong> San Francisco Mayor Ed Lee has joined the city's top prosecutor, public defender and police chief in condemning racist and homophobic texts that a court filing shows were exchanged among a group of San Francisco police officers.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/196239694&visual=true&color=0066cc&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/196239694'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The texts were disclosed Friday in a motion involving former San Francisco police Sgt. Ian Furminger, who is facing 41 months in prison after being convicted in December on charges of wire fraud and conspiracy. Federal prosecutors opposing Furminger's motion to remain free on bail bolstered their argument by including \u003ca href=\"#document\">transcripts of texts\u003c/a> between him and former SFPD colleagues.\u003c/p>\n\u003caside class=\"alignright pullquote\">'It was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology. And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.'\u003ccite>\u003ccite>Yulanda Williams,\u003c/cite>\u003c/cite>Officers for Justice President\u003c/aside>\n\u003cp>The messages contain various disparaging references to African-Americans, Latinos, Filipinos and gay people. Some of them were directed at specific officers.\u003c/p>\n\u003cp>Sgt. Yulanda Williams is president of \u003ca href=\"http://officersforjustice.org/about-us.html\" target=\"_blank\">Officers for Justice\u003c/a>, an association of SFPD officers formed in 1968 to advocate for the civil rights of minorities, women and LGBT people. One of the text exchanges that refers to her uses a derogatory phrase offensive to both black people and women.\u003c/p>\n\u003cp>\"It was rather shocking to know that there were people working around me that had this type of ideology,\" Williams said in an interview with KQED's Sara Hossaini. Williams added that she is acquainted with Furminger and one of the officers under investigation, Michael Robison.\u003c/p>\n\u003cp>\"When I read it, it was very apparent to me that the messages were that of Ku Klux Klan, white supremacy ideology,\" she said. \"And I found them to be despicable, sickening, unacceptable, heart-wrenching conduct by members of a noble profession of policing.\"\u003c/p>\n\u003cp>Officers for Justice released a \u003ca href=\"http://officersforjustice.org/uploads/3/3/4/0/3340987/text_press_release_1.1.pdf\" target=\"_blank\">statement today\u003c/a> calling for complete transparency and expressing suspicion that \"Textgate\" goes beyond the four officers who San Francisco Police Chief Greg Suhr confirmed are under investigation for exchanging the messages with Furminger.\u003c/p>\n\u003cp>Suhr has said the department will pursue disciplinary action against the officers and conduct a review of its hiring and training policies in light of the disclosures.\u003c/p>\n\u003cp>“It is both shocking and disturbing to hear that four San Francisco police officers are under investigation for such heinous and despicable statements,\" Mayor Lee said in a statement Monday. \"The content of these text messages displays a bias that is incompatible with the values of our City and incompatible with the ability to perform sworn duties as a police officer.\"\u003c/p>\n\u003cp>Lee said that he expected the officers involved to be fired \"if these statements are attributable to any San Francisco police officer.\"\u003c/p>\n\u003cp>San Francisco Public Defender Jeff Adachi said the problem of racial bias in the SFPD goes beyond the four officers currently under investigation. He's calling for a federal probe much like the U.S. Department of Justice \u003ca href=\"http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf\" target=\"_blank\">investigation\u003c/a> of the Ferguson, Missouri, Police Department released earlier this month.\u003c/p>\n\u003cp>\"These texts display deep-rooted racism within members of the San Francisco Police Department,\" Adachi said in an interview Monday. \"Some of these texts are even more outrageous and hurtful than some of the emails from the Ferguson Police Department report.\"\u003c/p>\n\u003cp>Adachi cited a city report from 2013 that found 56 percent of San Francisco's jail inmates are African-American, despite making up just 6 percent of the city's residents.\u003c/p>\n\u003cp>\"What is the training that officers receive, and why do we have such a disproportionate rate of arresting and jailing African-Americans in San Francisco?\" Adachi asked.\u003c/p>\n\u003cp>District Attorney George Gascón said in a statement he is \"deeply disturbed\" by the offensive messages.\u003c/p>\n\u003cp>\"There is no place for bigotry in San Francisco,\" the statement said. \"In order to ensure our criminal justice system is fair and equitable, my office is conducting an immediate assessment of every prosecution within the past ten years where these officers were involved.”\u003c/p>\n\u003cp>\u003cstrong>Update, 11:30 a.m. Monday\u003c/strong>: San Francisco Police Chief Greg Suhr says the department will examine hiring and training policies in the wake of the disclosure of racist and homophobic text messages swapped among several police officers.\u003c/p>\n\u003cp>\"We will look at the hiring/background processes to identify how anyone capable of statements of such extreme bias could be hired as police officers in the first place,\" Suhr wrote in a text reply to questions from KQED. \"We have training scheduled on implicit bias and we will be doing more.\"\u003c/p>\n\u003cp>Attorneys representing three of four San Francisco officers under investigation for their part in the offensive texts have confirmed their clients' identities.\u003c/p>\n\u003cp>\"They're mortified to be involved in anything like this,\" said defense attorney Tony Brass, who is representing Officers Michael Robison and Michael Celis. \"They understand that this is going to have dire consequences for them both professionally and in the public view.\"\u003c/p>\n\u003cp>The texts were made public in a court filing Friday by federal prosecutors opposing a bid by former San Francisco police Sgt. Ian Furminger to remain free on on bail while he appeals a conviction for fraud and conspiracy. The filing (\u003ca href=\"#document\">read below\u003c/a>) discloses only some of the text messages collected from Furminger's cell phone.\u003c/p>\n\u003cp>The texts repeatedly use epithets referring to black people, as well as disparaging references to Mexican and Filipino people. Some texts from Furminger also include slurs about gay people.\u003c/p>\n\u003cp>Brass said he doesn't yet know which texts were sent or received by which officers.\u003c/p>\n\u003cp>\"There's four police officers involved and the one person that is identified as the hub of this is Ian Furminger,\" Brass said. \"But whether Mike Celis or Mike Robison are involved in the ones that are quite shocking, I don't know.\"\u003c/p>\n\u003cp>Brass said his first meeting with Police Department internal affairs investigators is scheduled for March 25, and his clients believe they could be fired.\u003c/p>\n\u003cp>Alison Wilkinson represents Officer Rain Daugherty. She confirmed via email that her client is under investigation for texts he traded with Furminger.\u003c/p>\n\u003cp>\"Officer Daugherty is appropriately ashamed by his impulsive and insensitive banter,\" Wilkinson wrote, \"and accepts full responsibility for the content of those text messages that he sent, which are by no means a reflection of his true character or his style of policing.\"\u003c/p>\n\u003cp>A department spokeswoman said Suhr would recommend all four officers be fired if the investigation proved racial bias. The final decision lies with the city's Police Commission.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfgate.com/crime/article/Officers-linked-to-racist-texts-were-all-veterans-6134489.php\" target=\"_blank\">identified the fourth officer\u003c/a> under investigation as Noel Schwab. His attorney did not return calls for comment.\u003c/p>\n\u003cp>Mark Goldrosen is the latest in a series of attorneys representing Furminger.\u003c/p>\n\u003cp>\"Ian Furminger is not a racist or homophobe,\" Goldrosen wrote in an email. \"His closest friends, both at work and in his social life, include many people of different races and sexual orientations.\"\u003c/p>\n\u003cp>Furminger's \u003ca href=\"https://www.scribd.com/doc/258927681/Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">motion for bail pending appeal\u003c/a> presents a dedicated, veteran police officer who coaches youth sports and volunteers at school functions, including as a physical education teacher for his children's schools. One of the texts released Friday references Furminger's concern about black children attending his son's school.\u003c/p>\n\u003cp>\"Furminger actively promotes the fantasy that he is a person of character,\" federal prosecutors wrote in their response to the motion. \"Although these sort of overtly racist views sadly still are expressed in some communities, it is shocking and appalling to find a police officer in San Francisco who would give voice to them. Furminger’s willingness to do so -- which exemplifies his erratic and anti-social behavior -- should be taken into account.\"\u003c/p>\n\u003cp>\u003cstrong>Original post, Friday, March 13\u003c/strong>:\u003c/p>\n\u003cp>The San Francisco Police Department says it's investigating four current members of the force who reportedly joined in an exchange of racist and homophobic text messages with an SFPD sergeant recently convicted on theft and corruption charges, KQED has learned.\u003c/p>\n\u003cp>The texts (\u003ca href=\"#document\">read below\u003c/a>), which were disclosed in a court filing by federal prosecutors on Friday, all involve former Sgt. Ian Furminger, convicted in December for his role in a series of thefts from drug suspects.\u003c/p>\n\u003cp>Furminger is appealing his conviction to the 9th U.S. Circuit Court of Appeals. He was formerly a supervisor in the Police Department's Mission District plainclothes unit.\u003c/p>\n\u003cp>The Police Department says the texts, sent between late 2011 and the middle of 2012, implicate four other officers who are now the subjects of a department inquiry.\u003c/p>\n\u003caside class=\"alignright pullquote\">Texts show Furminger and other officers swapping slurs about black people and gay people, including other police officers.\u003c/aside>\n\u003cp>\"It’s an internal affairs investigation looking into officers who have shown extreme bias, which has no place in the San Francisco Police Department,\" Sgt. Monica Macdonald said. \"The officers were reassigned some time ago while the investigation is under way.\"\u003c/p>\n\u003cp>Federal prosecutors included more than two dozen text conversations in a \u003ca href=\"https://www.scribd.com/doc/258662847/Government-Opposition-to-Furminger-Motion-for-Bail-Pending-Appeal\" target=\"_blank\">federal court filing\u003c/a> opposing Furminger's request to remain out on bail while he awaits his appeal. \u003ca href=\"http://ww2.kqed.org/news/2015/02/23/ex-sfpd-sergeant-sentenced-in-federal-corruption-case/\" target=\"_blank\">He was sentenced\u003c/a> to three years, five months in prison last month.\u003c/p>\n\u003cp>The texts show Furminger and other San Francisco police officers repeatedly swapping slurs about black people and gay people, including other police officers. In one exchange on Nov. 9, 2011, Furminger writes about his son's school:\u003c/p>\n\u003cp>\"We got two blacks at my boys school and they are brother and sister! There cause dad works for the school district and I am watching them like hawks.\"\u003c/p>\n\u003cp>The response, from an unnamed civilian: \"Do you celebrate qaunza [sic] at your school?\"\u003c/p>\n\u003cp>Furminger: \"Yeah we burn the cross on the field! Then celebrate Whitemas ... Its worth every penny to live here [Walnut Creek] away from the savages.\"\u003c/p>\n\u003cp>An unnamed officer texted the phrase \"White power\" to Furminger, who later repeats the phrase in a text to an SFPD officer. He also texted \"White power family\" to a civilian, followed by a redacted reference to his home address.\u003c/p>\n\u003cp>An anonymous SFPD officer had a suggestion for Furminger after the convicted ex-sergeant texted that a friend of his wife's was visiting with her husband, who is black:\u003c/p>\n\u003cp>\"Get ur pocket gun. Keep it available in case the monkey returns to his roots,\" the response says. \"Its not against the law to put an animal down.\"\u003c/p>\n\u003cp>Furminger responded: \"Well said.\"\u003c/p>\n\u003cp>Furminger also repeatedly calls another officer a \"fag,\" and makes racist comments about Mexican and Filipino people.\u003c/p>\n\u003cp>While the texts were all recovered from Furminger's personal cellphone, it's not immediately clear whether the officers he was communicating with were using department-issued phones.\u003c/p>\n\u003cp>Sgt. Macdonald said it doesn't necessarily matter, though, as the texts appear to violate SFPD's \u003ca href=\"http://www.sf-police.org/Modules/ShowDocument.aspx?documentid=25894\" target=\"_blank\">policy prohibiting biased policing\u003c/a> either way.\u003c/p>\n\u003cp>\"If someone’s biased, whether this occurs on duty or off duty, it’s something we take very seriously,\" she said.\u003c/p>\n\u003cp>Furminger's attorney did not immediately respond for a request for comment. Federal Judge Charles Breyer is expected to take up Furminger's bail motion next week.\u003c/p>\n\u003cp>\u003ca name=\"document\">\u003c/a>\u003c/p>\n\u003cp>Read the government's filing below:\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/258662847/content?start_page=10&view_mode=scroll&access_key=key-4PrzG9WB90fKrpx5uYTj&show_recommendations=false\" data-auto-height=\"false\" data-aspect-ratio=\"1.2941176470588236\" scrolling=\"no\" id=\"doc_77667\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>KQED's Ted Goldberg, Dan Brekke and Sara Hossaini contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This post contains reporting from Bay City News.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The number of criminal convictions and pending cases affected by the growing group of San Francisco police officers involved in a text messaging scandal could increase \"exponentially\" as the credibility of more officers is called into question, a spokeswoman for the city's public defender said Tuesday.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfchronicle.com/bayarea/matier-ross/article/M-R-SFPD-looking-at-10-more-officers-in-6139314.php\" target=\"_blank\">broke the news\u003c/a> that an additional 10 SFPD officers are the subject of an internal affairs investigation for allegedly exchanging inappropriate texts with former Sgt. Ian Furminger. That's \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">in addition to four officers\u003c/a> previously known to be under investigation for trading racist and homophobic messages with Furminger, who was convicted on federal fraud and conspiracy charges last year.\u003c/p>\n\u003cp>Their attorneys confirmed the original four officers under investigation are Michael Robison, Michael Celis, Rain Daugherty and Noel Schwab.\u003c/p>\n\u003cp>They've been reassigned to positions that keep them out of public contact, according to the department. That's not the case with the newly discovered group of 10 officers, San Francisco Police Officers Association President Martin Halloran said.\u003c/p>\n\u003cp>\"There were 10 officers that came to the POA seeking representation\" about two weeks ago, Halloran said. \"I do not believe that these officers are under investigation at the same scope or the same level as the initial four officers, because these 10 additional officers have not been reassigned.\" He said they're still serving out in the field.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Halloran said he does not know why the new group of officers is under investigation, but a source close to the investigation who spoke on the condition of anonymity confirmed the probe stems from text messages recovered from Furminger's personal cellphone. The source cautioned against \"painting those additional officers with the same brush as the other four,\" adding that messages involving the latest group of officers may have been inappropriate, but not racist or homophobic.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr did not respond when asked by KQED to comment on the increasing number of officers under investigation.\u003c/p>\n\u003cp>Public Defender Jeff Adachi said his office, along with the district attorney, is beginning to review a decade of prosecutions involving the original four officers -- estimated to be about 1,000 cases. He said they are looking at the facts of each individual case for instances when an African-American defendant disputed one of the officers' accounts of a search, investigation or arrest.\u003c/p>\n\u003cp>\"Officer credibility is key in any case,\" Adachi said. \"Where you have these officers who were principal players in these cases, and they have a record of being involved in this kind of horrible behavior, no prosecutor is going to want to put them on the stand. Those cases are likely going to be dismissed, and that’s what I’d expect from our district attorney.\"\u003c/p>\n\u003cp>Public Defender's Office spokeswoman Tamara Aparton said that number will likely grow when more comes out about the content of the texts involving the group of 10 officers. She said 792 cases were dismissed after Adachi's office uncovered surveillance video from SRO hotels that appeared to show plainclothes officers conducting illegal searches. The videos led to a federal criminal investigation and the eventual indictment of Furminger and five other SFPD officers.\u003c/p>\n\u003cp>Stanford law professor Robert Weisberg said defendants seeking to overturn a past conviction typically face a very high legal hurdle.\u003c/p>\n\u003cp>\"It’s not like the dramatic DNA exoneration evidence that you see in many of the publicized cases,\" Weisberg said. \"The newly discovered evidence is at best, not to minimize it, impeachment of the word of a police officer, where it may or may not have made a material difference in the case.\"\u003c/p>\n\u003cp>But, he said, that doesn't necessarily mean scores of past and pending prosecutions won't be dismissed.\u003c/p>\n\u003cp>\"Some cases may get reopened, maybe lots of cases will get reopened,\" Weisberg said, \"not because of formal legal appeals or post-conviction proceedings, but because the police department, District Attorney George Gascón, the city generally just decides, 'We think it’s the right thing to do, and we the officials will go to the court and request a reopening and maybe even a dismissal in some cases.' \"\u003c/p>\n\u003cp>Adachi is pressing the SFPD for policy changes following the scandal. The Racial Justice Committee of the Public Defender's Office unveiled a \u003ca href=\"http://sfpublicdefender.org/news/2015/03/racial-justice-committee-plan-for-police-reform/\" target=\"_blank\">10-point plan\u003c/a> for police reform Tuesday.\u003c/p>\n\u003cp>\"We welcome the opportunity that this crisis presents,\" committee co-chair Rebecca Young said. \"It becomes a cancer that infects an entire neighborhood, where the people in the community do not like and profoundly mistrust the police, and that creates an officer safety issue as well as a health and safety issue for the people living in these communities.\"\u003c/p>\n\u003cp>The committee highlighted three recommendations most directly linked to curbing the kind of racism exhibited in the texts. Young and her colleagues recommend a minimum 24 hours of training on implicit bias and its effects, including perspectives of people of color who have been unlawfully detained. They're pushing for yearly reviews of all field training officers -- experienced officers who train rookies -- with a focus on any history of racial bias, excessive force or illegal search and seizures \"to determine if they are fit to train other officers.\"\u003c/p>\n\u003cp>The committee is also calling for the department to assign officers to patrol neighborhoods in which they live, and to attract more officers who are people of color to work and live in San Francisco.\u003c/p>\n\u003cp>For the union's part, Halloran said the text messages do not reflect the views of the vast majority of SFPD officers. The POA released a \u003ca href=\"https://www.youtube.com/watch?v=oXHHdWcgF6k\" target=\"_blank\">video\u003c/a> yesterday extolling San Francisco's diverse police force in response to the scandal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The San Francisco Police Department is one of the most diverse in the United States of America,\" he said. \"The POA is appalled with those messages. I'm shocked and I'm sickened by them. It does not reflect on the hard-working men and women that are out on the streets 24/7 serving our public. This is a very, very small fraction of members that are caught up in this text messaging debacle.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The number of criminal convictions and pending cases affected by the growing group of San Francisco police officers involved in a text messaging scandal could increase \"exponentially\" as the credibility of more officers is called into question, a spokeswoman for the city's public defender said Tuesday.\u003c/p>\n\u003cp>The San Francisco Chronicle \u003ca href=\"http://www.sfchronicle.com/bayarea/matier-ross/article/M-R-SFPD-looking-at-10-more-officers-in-6139314.php\" target=\"_blank\">broke the news\u003c/a> that an additional 10 SFPD officers are the subject of an internal affairs investigation for allegedly exchanging inappropriate texts with former Sgt. Ian Furminger. That's \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">in addition to four officers\u003c/a> previously known to be under investigation for trading racist and homophobic messages with Furminger, who was convicted on federal fraud and conspiracy charges last year.\u003c/p>\n\u003cp>Their attorneys confirmed the original four officers under investigation are Michael Robison, Michael Celis, Rain Daugherty and Noel Schwab.\u003c/p>\n\u003cp>They've been reassigned to positions that keep them out of public contact, according to the department. That's not the case with the newly discovered group of 10 officers, San Francisco Police Officers Association President Martin Halloran said.\u003c/p>\n\u003cp>\"There were 10 officers that came to the POA seeking representation\" about two weeks ago, Halloran said. \"I do not believe that these officers are under investigation at the same scope or the same level as the initial four officers, because these 10 additional officers have not been reassigned.\" He said they're still serving out in the field.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Halloran said he does not know why the new group of officers is under investigation, but a source close to the investigation who spoke on the condition of anonymity confirmed the probe stems from text messages recovered from Furminger's personal cellphone. The source cautioned against \"painting those additional officers with the same brush as the other four,\" adding that messages involving the latest group of officers may have been inappropriate, but not racist or homophobic.\u003c/p>\n\u003cp>San Francisco Police Chief Greg Suhr did not respond when asked by KQED to comment on the increasing number of officers under investigation.\u003c/p>\n\u003cp>Public Defender Jeff Adachi said his office, along with the district attorney, is beginning to review a decade of prosecutions involving the original four officers -- estimated to be about 1,000 cases. He said they are looking at the facts of each individual case for instances when an African-American defendant disputed one of the officers' accounts of a search, investigation or arrest.\u003c/p>\n\u003cp>\"Officer credibility is key in any case,\" Adachi said. \"Where you have these officers who were principal players in these cases, and they have a record of being involved in this kind of horrible behavior, no prosecutor is going to want to put them on the stand. Those cases are likely going to be dismissed, and that’s what I’d expect from our district attorney.\"\u003c/p>\n\u003cp>Public Defender's Office spokeswoman Tamara Aparton said that number will likely grow when more comes out about the content of the texts involving the group of 10 officers. She said 792 cases were dismissed after Adachi's office uncovered surveillance video from SRO hotels that appeared to show plainclothes officers conducting illegal searches. The videos led to a federal criminal investigation and the eventual indictment of Furminger and five other SFPD officers.\u003c/p>\n\u003cp>Stanford law professor Robert Weisberg said defendants seeking to overturn a past conviction typically face a very high legal hurdle.\u003c/p>\n\u003cp>\"It’s not like the dramatic DNA exoneration evidence that you see in many of the publicized cases,\" Weisberg said. \"The newly discovered evidence is at best, not to minimize it, impeachment of the word of a police officer, where it may or may not have made a material difference in the case.\"\u003c/p>\n\u003cp>But, he said, that doesn't necessarily mean scores of past and pending prosecutions won't be dismissed.\u003c/p>\n\u003cp>\"Some cases may get reopened, maybe lots of cases will get reopened,\" Weisberg said, \"not because of formal legal appeals or post-conviction proceedings, but because the police department, District Attorney George Gascón, the city generally just decides, 'We think it’s the right thing to do, and we the officials will go to the court and request a reopening and maybe even a dismissal in some cases.' \"\u003c/p>\n\u003cp>Adachi is pressing the SFPD for policy changes following the scandal. The Racial Justice Committee of the Public Defender's Office unveiled a \u003ca href=\"http://sfpublicdefender.org/news/2015/03/racial-justice-committee-plan-for-police-reform/\" target=\"_blank\">10-point plan\u003c/a> for police reform Tuesday.\u003c/p>\n\u003cp>\"We welcome the opportunity that this crisis presents,\" committee co-chair Rebecca Young said. \"It becomes a cancer that infects an entire neighborhood, where the people in the community do not like and profoundly mistrust the police, and that creates an officer safety issue as well as a health and safety issue for the people living in these communities.\"\u003c/p>\n\u003cp>The committee highlighted three recommendations most directly linked to curbing the kind of racism exhibited in the texts. Young and her colleagues recommend a minimum 24 hours of training on implicit bias and its effects, including perspectives of people of color who have been unlawfully detained. They're pushing for yearly reviews of all field training officers -- experienced officers who train rookies -- with a focus on any history of racial bias, excessive force or illegal search and seizures \"to determine if they are fit to train other officers.\"\u003c/p>\n\u003cp>The committee is also calling for the department to assign officers to patrol neighborhoods in which they live, and to attract more officers who are people of color to work and live in San Francisco.\u003c/p>\n\u003cp>For the union's part, Halloran said the text messages do not reflect the views of the vast majority of SFPD officers. The POA released a \u003ca href=\"https://www.youtube.com/watch?v=oXHHdWcgF6k\" target=\"_blank\">video\u003c/a> yesterday extolling San Francisco's diverse police force in response to the scandal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"The San Francisco Police Department is one of the most diverse in the United States of America,\" he said. \"The POA is appalled with those messages. I'm shocked and I'm sickened by them. It does not reflect on the hard-working men and women that are out on the streets 24/7 serving our public. This is a very, very small fraction of members that are caught up in this text messaging debacle.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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