Saturday, August 26, 2017

The Greatest Threat To Our Democracy Is Not Russia - It's Public Corruption

Post 19/23

If you read my July 31, 2017 post, you know that I believe the investigations into possible Trump-Russia collusion during our presidential election are being driven more by politics rather than the desire to protect our democracy. Our democracy is on life-support and near death and it is not because of Russia or any other nation-state meddling in our affairs. It is because of public corruption, particularly in our federal courts. This claim by me is not new. Read my post on January 9, 2017 regarding the Ninth Circuit Court of Appeals. The politicians in Congress who voted overwhelmingly to place sanctions on Russia for interfering in our past presidential election did so because they want to distract Americans from the very real threat to our national security from public corruption and their lack of courage to do anything about it.

It is public corruption exemplified by the cheating scandal I am exposing with this blog involving San Jose Mayor Sam Liccardo, the San Jose City Council, the US District Court in San Jose, and the Ninth Circuit Court of Appeals that pose a greater threat to our democracy than Russia's interference in our presidential election.  The damage done to our democracy by Russia's meddling is minor compared to the destruction that is being done to our democracy by the Ninth Circuit Court of Appeals and the US District Court in San Jose because of rigged court proceedings that end in fake judgments. At the very least, there is the appearance that these corrupt officials are being paid off. That certainly appears to be the case in my lawsuits against the City of San Jose. It is this blatant disrespect by the courts and San  Jose city officials for our Constitution that has caused our great Republic to be in decline.You simply do not have democracy when the courts and other government officials refuse to follow the rule of law; where the playing field is not level for citizens when settling disputes with the government in our federal courts.

Let me make it very clear. I do not oppose an investigation into possible Trump-Russia collusion. What I do oppose is the large number of investigations that seems to be expanding in scope and intensity. Just the other day, we learned that the FBI served a no-knock search warrant on the residence of President Trump's former campaign manager Paul Manafort. Usually these type of search warrants are reserved for criminal suspects that are believed to be heavily armed.This type of response seems inappropriate for an investigation into possible collusion with no underlining crime. It begs the question, is democracy really being served here?

While the investigations into possible Trump-Russia collusion by the Special Counsel and other government entities continue, our elected and non-elected officials have continued to ignore the greater threat to our democracy from the collusion between San Jose Mayor Sam Liccardo, the San Jose City Council, the US District Court in San Jose and the Ninth Circuit Court of Appeals that has underlining felony crimes relating to public corruption. Public corruption shows a lack of respect for the rule of law. The lack of respect for the rule of law is the greatest threat to our democracy. So when will we see a Special Counsel or a Grand Jury investigation into this collusion?

Monday, July 31, 2017

Trump - Russian Collusion? vs. San Jose City Officials Collusion with the US District Court

Post 18/23

I am somewhat skeptical about the motivation for all of the investigations and media coverage into Russia's meddling into the past presidential election and potential collusion between the Trump campaign and Russia. Here is what we know from current and former government officials in the intelligence and law enforcement communities, including former president Obama. Russia's meddling did not influence the outcome of the election and it did not change a single vote. Also, no evidence has been presented to the American people that implicates Trump and the Russian government working together to undermine the presidential election. As a matter of fact, the Obama Administration did very little when it learned of Russia's meddling prior to the election. Mr. Obama stated in October 2016 that it would be impossible to rig a presidential election because they are so decentralized. Officials with the DNC refused to turn over their server to the FBI after allegedly being hacked by the Russians. It did not appear to be that big of a deal to Hillary Clinton and Democratic operatives because they were winning in the polls. Now that Ms. Clinton has lost and  Mr. Trump has ascended to the Presidency, politicians, bureaucrats in Washington on both sides, as well as the media, have all of this newfound concern about Russia's meddling and a possible connection to Trump. All of the investigations into this scandal seem to be justified based on the notion that Russian interference undermined our electoral process and threatened our democracy. While I do not disagree with that notion, I think politics and an anti-Trump agenda is at play here and we might actually be witnessing a witch hunt. We will have to wait and see.

Let us now take a look at the collusion between San Jose mayor Sam Liccardo, the San Jose City Council , San Jose City Attorney Richard Doyle and the US District Court for the Northern District of California - San Jose Division. During the litigation of a lawsuit I filed against the City of San Jose in August 2006, the City Attorney's Office at the behest of the City Council colluded with the US District Court in creating false documents, falsifying court records, and staging a phony hearing on a Rule 60 motion I filed seeking relief from the bogus judgment of the district court that granted the City's motion for summary judgment. The City's motion for summary judgment was a total hoax. It was based on a false premise and supported by the perjured testimony of two corrupt police officials. One official was bribed for his testimony. Additionally, the district court violated two important federal laws limiting its discretion. Unlike the Trump-Russia collusion scandal, this collusion scandal has underlining criminal acts, and the clear intent to obstruct justice. San Jose city officials and the courts are engaged in a big cover-up of this scandal. Mayor Liccardo and the City Council refused to conduct investigations into my discrimination and misconduct complaints against the City Attorney's Office and three police administrators as is mandated by City policy and state law. The Ninth Circuit Court of Appeals and the US District Court entered totally bogus judgments that favor the City on motions for relief I filed. All of this is true folks. There's no witch hunt here. Don't take my word for it. Ask Mayor Liccardo, the City Council and the folks over at the US District Court and the Ninth Circuit Court of Appeals.

Now Let's do some comparisons here. As to Russia's meddling into the election, there is no evidence that it influenced the outcome. As to Trump-Russia collusion, so far there is no evidence of any at all, just innuendo. As to the collusion between San Jose city officials and the US District Court, you have several underlining felonies relating to public corruption with the clear intent to obstruct justice. There are several investigations going on into the Trump-Russia scandal with the dubious claim by our elected officials in Washington that they are so concerned about protecting our electoral process and our democracy. They are at the same time calling for punishing Russia with sanctions. On the other hand, not a single investigation has been conducted into numerous complaints I have filed against San Jose city officials and the courts for public corruption which has caused ten times more harm to our constitutional republic than Russia's meddling into our presidential election.

Granted protecting our electoral process is a legitimate reason for investigating Russia's meddling into our presidential election. But by all accounts no real damage was done. On the other hand, the collusion between San Jose city officials and the courts has caused immeasurable harm to our judicial system and our democracy. Clearly an investigation into this scandal is warranted just as an investigation into possible collusion between Russia and Trump. Our judicial process is as equally sacred as our electoral process.Yet, many of the same politicians and non-elected government officials that are calling for investigations into the Trump-Russia scandal have not shown any courage by calling for an investigation into the collusion between San Jose city officials and the federal courts. A rigged election would be intolerable by politicians and all Americans. Rightfully so. Yet, politicians in Washington have developed a tolerance for the Ninth Circuit Court of Appeals and many of the district courts within the Ninth Circuit that are rigged against average Americans. It time to hold them accountable just as we are the Russians.

Monday, February 13, 2017

Message to President Trump - Defy the 9th Circuit's Order - A Constitutional Crisis is Long Overdue

Post 17/23

It is no secret from my blog posts that I have a very low opinion of the federal courts, particularly the 9th Circuit Court of Appeals and the US District Court - San Jose Division. From my prior blog posts it should be easy to see that I am in an on-going battle with the courts seeking relief from judgments in two lawsuits I filed against the City of San Jose that are clearly unlawful. So it strikes me as being somewhat hypocritical that a US District Court and the 9th Circuit would rule that Trump's Executive Order temporarily banning travel from several Muslim countries does not comport with the law. The rulings of the two courts are clearly political and not legal. The 9th Circuit Court of Appeals and many of the districts courts in the 9th Circuit have no regard for the rule of law. In my two lawsuits, the US District Court - San Jose Division and the 9th Circuit Court Court of Appeals have, so far, refused to follow laws passed by Congress that implement requirements of the Constitution. I will not in any way comply with their orders. I have informed both courts of this fact.

If  President Trump strongly feels that the 9th Circuit and the US District Court rulings prohibiting him from implementing his Executive Order are clearly in error, my advice to him would be to defy their rulings and implement his order anyway. It is clear that the separation of powers doctrine have no meaning to many federal courts. It is without a doubt that the 9th Circuit Court and many district courts within the circuit are flat out refusing to follow laws passed by Congress, yet they expect the legislative and executive branches to follow ruling they make that are often political and are not made in good faith.  

It is time for the legislative and executive branches to stand up to the courts and refuse to follow their orders that are political and are not consistent with the Constitution and well settled precedent. This will create a constitutional crisis that is long overdue. Unfortunately, many of our elected and appointed government officials have no courage to criticize or stand up to the courts that are operating with a totalitarian mentality. It is time to bring the separation of powers doctrine back into balance with push back from the legislative and executives branches over the courts' usurpation of their powers. The issue over President Trump's Executive Order should be the catalyst for this needed change.



Thursday, February 2, 2017

More Oversight for San Jose Police as Mayor and City Council Covers Up Thier Own Misconduct

16/23

My last post on January 17 called out the San Jose Inside (SJI) newspaper for covering up corruption by San Jose Mayor Sam Liccardo and the San Jose City Council. SJI published an article on January 13, 2017 regarding Mayor Liccardo's committment to expand oversight of the City's police department. I posted two comments to that article criticizing Mayor Liccardo and the City Council for expanding police oversight while covering up their own bigoted and malicious acts against me by refusing to investigate my discrimination complaints. SJI removed my comments without explanation. SJI is nothing more than a mouthpiece for the City. See my post on January 17 for more details.

Just when you thought this bulls**t about more police oversight would be over, the San Jose Mercury News published an article on January 21, 2017 by Robert Salonga titled: San Jose: Scholars, city leaders, 49ers unite to tackle police-race issues. The article was about a "Community Trust in Policing" forum hosted by the City's Independent Police Auditor Walter Katz. The purpose of the forum was to kick off an outreach effort in response to the national firestorm from 49er quarterback Colin Kapernick's refusal to stand for the national anthem. High profile figures attending the forum included Harry Edwards, 49ers CEO Jed York, 49ers wide receiver Torrey Smith and San Jose Police Chief Eddie Garcia. York donated one million dollars to help fund this outreach. This outreach is nothing more than an effort to solicit complaints from citizens against police officers. Folks, this was just a publicity stunt, a dog and pony show.

I am not against oversight of the police. But at some point enough is enough. Just about every Civil Grand Jury in Santa Clara County for the last few years has had either criticism of law enforcement or recommendations for new policies they wanted law enforcement to implement. Just a few years ago, San Jose police officers were subjected to an internal investigation and an audit by the City over a pay job scandal. In December of 2012, former IPA LaDoris Cordell solicited complaints against police officers in the City's utility bills. When Ms. Cordell retired in 2015, one local newspaper stated that she had brought unprecedented accountability to the San Jose Police Department. Now as you can see from my post on January 17 and today's post there will be much more oversight of the police. These are cases of oversight that I am stating off the top of my head. I'm sure there are many more cases than these. Isn't unprecedented accountability good enough?

While City officials have overburdened police officers with oversight, investigations and audits, Mayor Liccardo and the rest of the City Council have engaged in a cover-up of their own discriminatory acts against me, as well as, the cheating scandal involving the City Attorney's Office and the federal courts. The Mayor and City Council have refused to conduct an investigation into formal complaints that I have made alleging discrimination based on my disability and race, and an allegation of a criminal cover-up by City officials and the courts, even though, City policy and state law require them to do so. Some of the crimes I am alleging are conspiracy, subornation of perjury, bribery, obstruction of justice and honest services fraud. The evidence of these crimes is indisputable and overwhelming.

In comments I posted to the Mercury News article, I asked the Scholars, city leaders, and 49ers that attended the forum on police-race issues to join me in calling for an investigation into my complaints against the above City officials. I am also asking the attendees and the public to join me in calling for the City's elected officials and top appointed officials to receive the same oversight as that of the rank and file police officers that put their lives on the line everyday protecting the citizens of San Jose.

Here are the comments I posted to the Mercury News article:

This is just another insincere exercise in political correctness pushing a false narrative. I am a black retired San Jose police sergeant. I was denied a CCW permit by the City upon my retirement because of bigotry based on my disability and race. I ended up filing two lawsuits against the City for civil rights violations that are on-going. Mayor Liccardo, the City Council and the local federal courts are engaged in a criminal cover-up of this matter. The residents of San Jose ought to know that their leaders over at City Hall treated me with less respect and dignity than the Confederate Flag waving segregationists I encountered when I was growing up in the South during Jim Crow. Mayor Liccardo and the City Council refused to respond to my discrimination complaints as required by City policy. If they are so concerned about racism of the City's police officers, they should set a better example for them to follow. Here are links with more details about my case:
https://www.facebook.com/group...
www.opnlttr.com/letter/open-le...
http://crnctz.blogspot.com/201...

9th CIRCUIT
COURT OF APPEALS CONDONES “JIM CROW” ACTS

CORRUPTION BETWEEN
CALIFORNIA STATE JUDICIARY AND THE FEDERAL COURT JUDGE(S)?

Fred Bates
· 

Fred, you were a great cop and a good friend and co-worker. I hope you win and take these politicians to task at City Hall.
Thanks for the words of encouragement! I hope everything is well with you. As a friend of mine, you know I was never keen on being politically correct and pushing feel good agendas that were not based on fact. I always tried to be truthful and respect everyone. But it is hard to take on City Hall because they are willing to lie and cheat, even in court. It is my intent to take them to task and expose City Hall for what it is. A cesspool of corruption! If those scholars, city leaders and 49ers are serious about eliminating bigotry, they will join me, a black man, in calling for an investigation into my discrimination complaints and cheating allegations against the City Attorney's Office, the Mayor and City Council. I am also asking all of the residents of San Jose to call for an investigation as well. Let's get this out in the open since the City says it believes in transparency. To Mayor Liccardo and the City Council, this is only the beginning. It is my intent that 2017 will be a year you will not soon forget.

So far, all I have heard is deafening silence. Shame on the City of San Jose and Santa Clara County!











Tuesday, January 17, 2017

San Jose Newspaper Covers Up Corruption By San Jose City Officials

Post 15/23

On January 13, 2017, the San Jose Inside (SJI), a local San Jose newspaper, published an article regarding San Jose Mayor Sam Liccardo and the San Jose City Council's committment to provide more oversight of the City's police department. I responded to the article with two comments criticizing the Mayor and City Council for calling for more oversight of the police while they are engaged in a criminal cover-up of cheating by retired federal district judge Ronald M. Whyte and the San Jose City Attoreny's Office during the litigation of two lawsuits I filed against the City. My two comments were initially posted by SJI then later removed for unspecified reasons. It is clear SJI is providing cover for the Mayor and City Council by removing my comments an refusing to report on the cheating scandal that I am exposing with this blog. Below is a copy of the article by SJI dated January 14, 2017 that include my comments appearing under my name (Fred Bates) as comments #2 and 5:

Saturday, January 14, 2017
A look inside San Jose politics and culture
San Jose Inside is made possible through support by:
  • Metro Silicon Valley
Top of Form
Bottom of Form
San Jose Mayor Commits to Expanding Police Oversight
SJPD Chief Eddie Garcia discusses systemic racism at a community forum Thursday.
SJPD Chief Eddie Garcia discusses systemic racism at a community forum Thursday.
San Jose’s mayor and some council members said they want greater oversight of local law enforcement and would support a ballot measure to expand the role of the city’s independent police watchdog.
Before a packed auditorium at Bible Way Christian Center Thursday night, Mayor Sam Liccardo said he supports placing such a voter initiative on the 2018 ballot.
“Back when the charter was amended, establishing our office in 1996, I think the IPA’s model was really the standard,” Independent Police Auditor Walter Katz told San Jose Inside. “But it’s been 20 years since then, and I think there’s some voices in the community that say it’s time to reconsider.”
Along with City Council members Magdalena Carrasco and Raul Peralez, the mayor and police Chief Eddie Garcia also promised to release public reports on use-of-force incidents, a practice that was discontinued in 2006.
“I know that one of the holdups right now has been the technology itself,” said Peralez, a former San Jose police officer. But, he added, “This is information that absolutely needs to be shared with the community.”
The commitments came at the end of a forum on how to mend the relationship between police and civilians whose faith in law enforcement is badly shaken. Hosted by People Acting in Community Together (PACT), the event drew roughly 300 attendees and a host of high-ranking law enforcement and elected officials.
Garcia opened the discussion by talking about how bias in law enforcement is an extension of entrenched structural racism.
“The reality is that we’re caught up in this wheel of the justice system, but the justice system starts well before that … [in our] child welfare system, our schools,” he said.
The department is trying to improve its internal oversight, the chief added. Part of that includes training officers on how to recognize their own biases. Garcia also apologized for any offense caused by a video released in November by the local police union. The minute-long clip released by the San Jose Police Officers’ Association highlighted the uptick in officer killings ended with declarations that “All Lives Matter” and “Blue Lives Matter,” slogans created to protest the Black Lives Matter movement.
“We’re not perfect,” Garcia said. “We will have bumps along the road, but in the end we need you to know that we are here for you.”
Speaking to issues of accountability at the regional level, Santa Clara County Supervisor Joe Simitian said he wants to install independent oversight of the jails and Sheriff’s Office, too. In the aftermath of Michael Brown’s killing at the hands of a police officer in Ferguson, Missouri, the supervisor pushed for a slate of accountability measures to prevent similar tragedies. Some of those changes include training sheriff’s deputies to recognize implicit bias and wear cameras to record their interactions in the line of duty.
In 2015, the fatal beating of Michael Tyree, a mentally ill inmate at San Jose’s Main Jail, brought greater urgency to those reform efforts and exposed alarming systemic dysfunction in county jails.
Dep. Roger Winslow, head of the union that represents sheriff’s deputies, agreed with Simitian that the Sheriff’s Office needs independent oversight of enforcement, administration and custody. His counterpart at the jail guard union, however, thought otherwise. Lt. Amy Le, president of the Correctional Peace Officers’ Association, said she’s against independent review of internal and external department complaints.
“I’m sorry,” Le said. “At this time, I cannot support that decision.”
Newly installed cameras capture events inside the jails, she added, and officers document every incident as they occur. That, in her and the union’s opinion, is enough.
“Give us a chance for transparency,” Le said. “The use-of-force system is changing. We are documenting everything.”
Between Garcia’s initial remarks and public declarations from other officials, the audience split into smaller groups, each assigned an officer who volunteered to hear them out. Elvira Obregon, a social worker and local activist, asked one officer to explain why so many viral videos show police escalating tensions to the point of violence.
“A lot of times in these videos, the situation doesn’t call for that level of force,” Obregon said. “We hear all this talk of de-escalation, but that’s not what’s we’re seeing.”
Officer Jose Montoya, a 17-year SJPD veteran, told her that he can’t speak for other agencies but stressed that those videos often tell just a fraction of the story.
“When police arrive, it’s because there’s a problem,”Montoya said. “It’s because there’s contact, somebody’s in crisis, somebody needs help or somebody broke the law.”
“You must admit that there’s some rotten apples in the bunch,” Obregon replied.
“Yes,” Montoya agreed, “as there is in any profession.”
“Would you be brave enough to call them out?” she asked.
“I would,” he said.
Officer Jose Montoya (center) listens as Carmen Johnson (right) talks about a negative interaction she had with a San Jose cop. (Photo by Jennifer Wadsworth)
Officer Jose Montoya (center) listens as Carmen Johnson (right) talks about a negative interaction she had with a San Jose police officer.
This article has been updated. 
Jennifer Wadsworth is a staff writer for San Jose Inside and Metro Newspaper. Email tips to jenniferw@metronews.com or follow her on Twitter at @jennwadsworth.
Filed Under:
3 Comments
  1. Jack Slade Jan 13, 2017 @ 1:17 pm
Nonsense, you still have a useless individual getting $150,000 + for a rubber stamp. The City only wants to have control over cover ups and Civil Suit payouts.
  1. Fred Bates Jan 13, 2017 @ 9:53 pm
Your comment is awaiting moderation.

Here we go again. The Mayor and City Council calling for more oversight of the police while they are engaged in one of the biggest cover-ups in recent memory of their own bigoted and malicious acts against me. The racists and bigots calling for more oversight of the police out of some clearly phony concern about racism. Go figure. I have posted comments here before.about this scandal. However, SJI refused to post my comments the last time I tried. Jennifer and Josh you ought to be ashamed. This from you freedom of speech and press loving journalsits. At least let the public know about the very real lawsuits I filed against the City that has cost taxpayers thousands fo dollars. My warning to the Mayor and City Council. This scandal will not go away and it will one day be exposed big time. Just watch and see. See these links for more: https://www.facebook.com/groups/624131267713226/
http://www.opnlttr.com/letter/open-letter-san-jose-mayor-sam-licardo-and-city-council
http://crnctz.blogspot.com/2015/08/exposing-cover-up-of-cheating-scandal.html
  1. Empty Gun Jan 13, 2017 @ 10:32 pm
We could solve all this nonsense if we just fast forward to firing all the white men and hiring nothing but brown women,
then everything will be just peachy
  1. John Kracht Jan 14, 2017 @ 7:12 am
Haven’t heard anything from the San Jose Police Officers Association? Time to step up.
  1. Fred Bates Jan 14, 2017 @ 7:51 am
Your comment is awaiting moderation.

SJI pushes false narratives just like much of the media. We need more oversight of SJPD like I need a hole in my head. It is the corrupt Mayor and City Council that needs more oversight because of their criminal misconduct involving the cover-up of cheating by retired federal district judge Ronald M. Whtye and the City Attorney’s Office during the litigation of my two lawsuits. Their misconduct is based on real bigotry and racism, and not some phony notion. But don’t take my word for it. Ask the Mayor and City Council if I am lying and just being malicious. Ask them what happened to the two attorneys for the City that suddenly disappeared from my case and why Judge Whyte suddenly retired. If am lying, I would hope to be held accountable with civil and criminal sanctions. I know Jennifer wrote this article, but this is for Josh. The City has a “Whyte” privilege problem and not a “White” privilege problem. Since I’m black, I can’t wait to see what phony celebration the City will have for MLK day. See the links listed in my comment above for details about the cheating scandal.
Leave a Reply 
________________________________________________________________________________

Below is a copy of the latest version of the same article by SJI dated January 16, 2017 that clearly shows that my comments criticizing the Mayor and City Council have been removed. It is clear SJI has no journalistic integrity because my comments were removed with the intent to hide the bigoted and criminal misconduct of the corrupt Mayor and City Council. SJI has no commitment to freedom of speech and expression:















San Jose Mayor Commits to Expanding Police Oversight

San Jose’s mayor and some council members said they want greater oversight of local law enforcement and would support a ballot measure to expand the role of the city’s independent police watchdog.
Before a packed auditorium at Bible Way Christian Center Thursday night, Mayor Sam Liccardo said he supports placing such a voter initiative on the 2018 ballot.
“Back when the charter was amended, establishing our office in 1996, I think the IPA’s model was really the standard,” Independent Police Auditor Walter Katz told San Jose Inside. “But it’s been 20 years since then, and I think there’s some voices in the community that say it’s time to reconsider.”
Along with City Council members Magdalena Carrasco and Raul Peralez, the mayor and police Chief Eddie Garcia also promised to release public reports on use-of-force incidents, a practice that was discontinued in 2006.
“I know that one of the holdups right now has been the technology itself,” said Peralez, a former San Jose police officer. But, he added, “This is information that absolutely needs to be shared with the community.”
The commitments came at the end of a forum on how to mend the relationship between police and civilians whose faith in law enforcement is badly shaken. Hosted by People Acting in Community Together (PACT), the event drew roughly 300 attendees and a host of high-ranking law enforcement and elected officials.
Garcia opened the discussion by talking about how bias in law enforcement is an extension of entrenched structural racism.
“The reality is that we’re caught up in this wheel of the justice system, but the justice system starts well before that … [in our] child welfare system, our schools,” he said.
The department is trying to improve its internal oversight, the chief added. Part of that includes training officers on how to recognize their own biases. Garcia also apologized for any offense caused by a video released in November by the local police union. The minute-long clip released by the San Jose Police Officers’ Association highlighted the uptick in officer killings ended with declarations that “All Lives Matter” and “Blue Lives Matter,” slogans created to protest the Black Lives Matter movement.
“We’re not perfect,” Garcia said. “We will have bumps along the road, but in the end we need you to know that we are here for you.”
Speaking to issues of accountability at the regional level, Santa Clara County Supervisor Joe Simitian said he wants to install independent oversight of the jails and Sheriff’s Office, too. In the aftermath of Michael Brown’s killing at the hands of a police officer in Ferguson, Missouri, the supervisor pushed for a slate of accountability measures to prevent similar tragedies. Some of those changes include training sheriff’s deputies to recognize implicit bias and wear cameras to record their interactions in the line of duty.
In 2015, the fatal beating of Michael Tyree, a mentally ill inmate at San Jose’s Main Jail, brought greater urgency to those reform efforts and exposed alarming systemic dysfunction in county jails.
Dep. Roger Winslow, head of the union that represents sheriff’s deputies, agreed with Simitian that the Sheriff’s Office needs independent oversight of enforcement, administration and custody. His counterpart at the jail guard union, however, thought otherwise. Lt. Amy Le, president of the Correctional Peace Officers’ Association, said she’s against independent review of internal and external department complaints.
“I’m sorry,” Le said. “At this time, I cannot support that decision.”
Newly installed cameras capture events inside the jails, she added, and officers document every incident as they occur. That, in her and the union’s opinion, is enough.
“Give us a chance for transparency,” Le said. “The use-of-force system is changing. We are documenting everything.”
Between Garcia’s initial remarks and public declarations from other officials, the audience split into smaller groups, each assigned an officer who volunteered to hear them out. Elvira Obregon, a social worker and local activist, asked one officer to explain why so many viral videos show police escalating tensions to the point of violence.
“A lot of times in these videos, the situation doesn’t call for that level of force,” Obregon said. “We hear all this talk of de-escalation, but that’s not what’s we’re seeing.”
Officer Jose Montoya, a 17-year SJPD veteran, told her that he can’t speak for other agencies but stressed that those videos often tell just a fraction of the story.
“When police arrive, it’s because there’s a problem,”Montoya said. “It’s because there’s contact, somebody’s in crisis, somebody needs help or somebody broke the law.”
“You must admit that there’s some rotten apples in the bunch,” Obregon replied.
“Yes,” Montoya agreed, “as there is in any profession.”
“Would you be brave enough to call them out?” she asked.
“I would,” he said.
Officer Jose Montoya (center) listens as Carmen Johnson (right) talks about a negative interaction she had with a San Jose cop. (Photo by Jennifer Wadsworth)
Officer Jose Montoya (center) listens as Carmen Johnson (right) talks about a negative interaction she had with a San Jose police officer.
This article has been updated. 
Jennifer Wadsworth is a staff writer for San Jose Inside and Metro Newspaper. Email tips to jenniferw@metronews.com or follow her on Twitter at @jennwadsworth.

8 Comments

  1. Nonsense, you still have a useless individual getting $150,000 + for a rubber stamp. The City only wants to have control over cover ups and Civil Suit payouts.
  2. We could solve all this nonsense if we just fast forward to firing all the white men and hiring nothing but brown women,
    then everything will be just peachy
    • TIme to step up. Another one of the loud minority that gets 90% airtime. San Jose has no idea how good they have had it.
  3. San Jose Mayor Commits to Expanding Police Oversight
    Just remove the word ‘oversight’, and we’ll be good to go…
  4. I think we should give less oversight to the IPA. Officers have body worn cameras now and they will tell the story. There will be less complaints. The complaints that do come in most likely can be addressed with training for particular officers. I don’t want my police force to be hamstrung by more red tape. I want them to make my community safe again.
    In my opinion, this is just more voter pandering by the mayor.
    FUN FACTS:
    2014-2015 SJPD received 564,528 911 calls and made 100,579 field events (i.e. traffic stops). With all those citizen contacts the IPA and SJPD received 303 complaints. In percentage, that is .00045%. Of those 303 complaints citizens (and criminals) didn’t like the way they were talked to and didn’t think they should have been arrested at all.
    In 2015 the IPA budget for six people was $1,249,223.
    The IPA makes at least $178,000 a year.
    The IPA went to 172 IPA presentation, community events, meet and greets
    Once Cordell left the IPA position IPA complaints dropped from 51% to 39%
    SJPD made 55,000 less field events (i.e. car stops) then 2010-2011 year.
    • Obviously if we can improve the complaint record of the SJPD by 12% by removing Ladoris Cordell we could reduce
      complaints all together by removing three of the remaining IPA members. That being said we we will no longer be needing an IPA and can thereby shut it down saving the city a total of $1,249,223 per year.
      This would make funds avalible to hire 8.328 more badly needed cops of any color.
      There, that was fun and I’ve solved another one of our problems!
      Five more days till Trump is President, are you all still here?
  5. Why don’t we survey SJPD customer satisfaction?
    Many departments use surveys and realize benefits. It’s inexpensive, provides an early warning system (IPA and Internal Affairs do not), provides benchmarks against other PDs, and pinpoints what’s working and what’s not.
    Unlike the SJ Auditor or the Civil Grand Jury, IPA’s self-identified mission is to find fault – but not exemplary performance. Customer satisfaction surveys do both.
    The SJ residents survey shows perception of safety has declined by about about 50% since 2011. See page 19 of Auditor’s 2015-2016 report http://www.sanjoseca.gov/DocumentCenter/View/63203
    Most metrics have steadily and precipitously declined. ‘Would You Recommend Living in SJ’ has declined from 80% in 2011 to 51% in the last survey period.
    Mayor Liccardo’s priorities are misguided.

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