Meeting with Sonoma County Sheriff Steve Freitas and Assistant Sheriff Lorenzo Duenas, Jr. 12-10-12

Recap of meeting with the Sheriff. Our group was represented bythe following community organizing leaders: Susan Shaw, Executive Director, North Bay Organizing Project (NBOP); Omar Gallardo, President, NBOP; Rev. Lee Turner, NBOP Board Member and Pastor; Joseph Flanagan, Self Advocate and 10 year resident of the developmental center; Robert Phillips, Executive Director, Area Board 4 Developmental Disability Board (SCDD); and Tim Hornbecker, Director of Community Advocacy for The Arc California. Unfortunately we were unable to have Martin Weil, SCDD Board Vice President and Parent, join us due to not having enough time for the Sheriff Office’s clearance procedure for guests.

Susan Shaw, who has previously had meetings with the Sheriff, introduced our representatives from the community and our concerns about the Taser Torture and the Sexual Abuse cases. Omar Gallardo had also had meetings with the Sheriff in the past, and was grateful for the Sheriff meeting with us but emphasized the community’s concern about the safety of people with disabilities in Sonoma County. Rev. Lee Turner also shared his deep feelings about the vulnerability of people with disabilities in the Developmental Center, especially since he has two sons with severe disabilities who live at home. Joseph Flanagan explained he was a self advocate who previously lived at the Developmental Center, and was also an advocate for persons for disabilities and a member of the Consumer Advisory Committee for the Department of Developmental Services in Sacramento. Bob Phillips explained the watchdog role of his organization, and how recent legislation now required reporting within two days by the Developmental Centers of patient deaths, sexual abuse, certain assaults and unexplained broken bones. I pointed out the fact that the Sheriff and local Police already have “concurrent jurisdiction” to investigate these crimes as of two years ago under Senator Carol Liu’s SB 110. I also mentioned that Senator Leno’s new SB 1522 about reporting within 2 days by the Developmental Center was an urgency bill now in effect, no need to wait until January like other bills recently signed by the Governor.

Sheriff Freitas expressed concern about the lack of clarity regarding “concurrent jurisdiction”, and what cases they are to investigate. His office asked OPS (Office of Protective Services for the Developmental Center) if they needed help investigating the Taser assaults. OPS said, no, they have it covered. Now that the case has had so much coverage in the press, the Sheriff’s Office was asked for help in reviewing the case. Assistant Sheriff Lorenzo Duenas explained that they are currently reviewing the case, but it is a complicated case. They will not be done by January, but later in the year. The Sheriff expressed concern about the cases that needed to be reported within 2 days. The new law states that the crimes need to be reported to the local Sheriff or Police Department, but no mandate or funding for them to be “concurrently” investigated. He did express additional concern that OPS needs to have more qualified and trained staff in order to provide investigations. One example that he gave was the need for rape victims to be treated and tested by qualified medical and nursing staff at a hospital setting within 78 hours of the crime, or the evidence is no longer able to be used.

Answers to our questions: (Sheriff’s response in italics)

  • Update on Taser Torture Investigation (prosecution, indictment and extradition if needed). The Sheriff’s office was asked for help by OPS and is currently investigating the case, but won’t be done until later in 2013.
  • Independent/Concurrent Investigation in Sexual Abuse Cases. The Sheriff is currently working with OPS to review the cases.
  • Future cases to be coordinated with the OPS. The Sheriff’s office has met with the Interim Director of the Developmental Center and their Office of Protective Services, offering the Sheriff’s help in future cases. Assistant Sheriff Duenas suggested giving the new Management at the Center time to provide new training and qualifications for their staff.
  • OPS start using rape kits on rape victims. The Sheriff was very clear that only trained medical and nursing staff at local hospital should be doing these tests, but that they must done within 78 hours.
  • Crime of Failure to Report (by mandated reporters) to be prosecuted. The Sheriff definitely agree with us, but said that this is a job of the State to make sure staff are reporting, and in cases where they are not, ask for the local DA to prosecute those cases.
  • Contact person from the Sheriff’s office to receive and give updates. Assistant Sheriff Lorenzo Duenas, Jr., Law Enforcement Division. (707) 565-2781

Meeting afterwards with Community Representatives:

A long term strategy needs to be developed. Too much buck passing and finger pointing. Who is responsible for investigating these crimes, what are the exact crimes to be investigated, and who is receiving the funding and has the resources for these investigations? The legislation to date has left enough lack of clarity that the Sheriff doesn’t feel he should be investigating unless asked by OPS or mandated on specific crimes from the State. The accountability structure needs more clarity, teeth and funding.

Tim will convene a meeting with Bob Phillips, Tony Anderson, Attorney Leslie Morrison, and other interested representatives to review the current legislation and penal codes to either find more clarity or create additional specific language and procedures that will ensure that people with disabilities in the Developmental Centers and in the community are no longer endangered.

Bob suggested additional meetings with the Interim Director of the Developmental Center and the OPS Chief as part of our long term strategy.

Tony had an exploratory meeting with a high level official from the California Highway Patrol who said all crimes on state properties and all crimes involving state employees are under the jurisdiction of the CHP. However, he said they only pursue if the state agency police request. He said if he were the governor he would put ops under another department. He said if CHP or local sheriffs are required to do the investigations they’ll ask for funding.