News

City Attorney Appeals Court’s Ruling in Police Racist, Homophobic Texting Case

Published

9 years ago

January 6, 2016

City Attorney Dennis Herrera this week filed notice with the California Court of Appeal that he will challenge a San Francisco Superior Court decision allowing police officers who exchanged racist, misogynist and homophobic text messages to avoid discipline.

Although notices of appeal are pro forma and include no substantive arguments, Herrera stressed in an accompanying statement that key aspects of the court’s Dec. 21 ruling reach far beyond the San Francisco police officers that Chief Greg Suhr has moved to discipline.

If affirmed, Herrera said, the decision could seriously jeopardize the ability of local and federal law enforcement authorities in California to investigate and effectively prosecute police misconduct, including corruption and criminal behavior.

Herrera cited the successful prosecution and conviction of former Sergeant Ian Furminger as an example of the need for coordination between local police and federal agents.

“The ramifications of this ruling, should it stand, are worse than many realize,” said Herrera. “Forcing the San Francisco Police Department to retain officers whose expressions of hatred and violence are antithetical to law enforcement roles is the most obvious negative effect of this ruling.”

“Less obvious, but no less serious,” he said, “are the far-reaching effects of this court’s re-interpretation of the statute of limitations under California’s Peace Officer Bill of Rights. If affirmed, this decision would seriously jeopardize the ability of local and federal agencies to cooperate on future investigations into police misconduct in California.

He said the ruling would “hamstring efforts, like those in the Furminger case, that have successfully rooted out corruption and other wrongdoing that has no place in law enforcement. “

The text messages at issue in the San Francisco employment case emerged during a federal criminal investigation into Furminger and several other SFPD officers under the direction of the U.S. Attorney’s Office, which enlisted assistance from select officers of the criminal unit of SFPD’s Internal Affairs Division.

The San Francisco officers privy to the grand jury evidence were required to keep investigative material-including the text messages-secret under federal criminal procedure, and a signed agreement memorialized both agencies understanding that San Francisco’s unauthorized use of the evidence would be punishable by federal contempt proceedings.

At trial and in court pleadings, Herrera’s office contended that the San Francisco Police Department acted promptly to investigate the police officers’ misconduct, completing its investigation within five months-well under the one-year period allowed by statute.

The SFPD also properly cooperated with the federal criminal investigation of officers in the Mission Station plainclothes unit, protecting the integrity of the U.S. Attorney’s case by refusing to disclose evidence or information until the resulting prosecution and trial concluded.

The case is: Rain O. Daugherty v. City and County of San Francisco et al., San Francisco Superior Court Case No. CPF-15-514302.

Additional documentation on the case is available on the San Francisco City Attorney’s office’s website at: www.sfcityattorney.org/.

Oakland Post

Posts by Oakland Post

Activism

NAACP California-Hawaii State Convention Highlights Black Voter Engagement, and More

A Friday panel featuring NAACP Chairman Leon W. Russell and Regina Wilson, Executive Director of California Black Media, examined Project 2025, an initiative perceived as a potential threat to civil rights, healthcare access, and environmental protection. This session emphasized Project 2025’s projected impact on Black communities, noting that policies within the initiative could diminish gains in civil and environmental rights over decades. Russell and Wilson highlighted the need for vigilant monitoring and community mobilization to address these challenges.

Published

23 hours ago

November 4, 2024

Oakland Post

NAACP State Conference President Rick Callender (right) engages in a discussion on voter engagement and community advocacy with NAACP President and CEO Derrick Johnson during the 37th NAACP California-Hawaii State Convention in Los Angeles. Photo by Rich Woods.

By Bo Tefu, California Black Media

The 37th NAACP California-Hawaii State Convention concluded on Sunday, Oct 27, following four days of discussions and workshops at the Los Angeles Airport Marriott. Bringing together civil rights leaders, policymakers, and advocates from California and Hawaii, the convention operated under the theme “All In.” The participants discussed critical issues impacting Black communities, including criminal justice reform, health equity, economic empowerment, education, environmental justice, and voting rights.

On Saturday, the President’s Fireside Chat brought together NAACP President Derrick Johnson and CA/HI State Conference President Rick Callender, who discussed the urgency of voter engagement and community advocacy.

Guest speakers included Congresswoman Maxine Waters (D-CA-43), who spoke at the Women in NAACP (WIN) Labor Luncheon about the intersection of labor rights and civil rights. California State Superintendent Tony Thurmond delivered remarks at the Leadership Dinner on education equity, focusing on policies to ensure all students have access to high-quality education.

Honors were given to longtime social justice advocate and former Assemblymember Mike Davis for his work in community activism. At the same time, actor and activist Danny Glover and the Rev. Dr. Amos C. Brown received the 2024 Legacy Hall of Fame Awards, recognizing their lifelong commitments to advancing civil rights.

The convention also offered practical workshops, including “What’s On Your Ballot?,” where coalition leaders provided analyses of California propositions, explaining their potential impacts on community rights and resources. The Voter Turnout Workshop provided background and encouraged participants to promote voter turnout through community-centered outreach strategies.

Sunday’s events closed with a Prayer and Memorial Breakfast honoring the contributions of past and current civil rights leaders.

Oakland Post

Posts by Oakland Post

Bay Area

Alameda County Judge Blasts Defendants Over Delay in West Oakland Fire Trial

Judge Kimberly Lowell excoriated the RadiusRecycling/SchnitzerSteel defendants in court for causing delays in prosecuting this case. Since the defendants first appeared in court on July 23, they have obtained three extensions of the arraignment date.

Published

1 day ago

November 4, 2024

Oakland Post

Criminal charges announced this week are related to the August 2023 scrap metal fire at Radius Recycling Inc., formerly Schnitzer Steel. Photo courtesy of Oaklandside.

Special to The Post

District Attorney Pamela Price announced that a hearing was held on October 30 in the criminal prosecution of the Radius Recycling/Schnitzer Steel involving a fire at the West Oakland facility on Aug. 9-10, 2023.

The Alameda County criminal Grand Jury indicted radius Recycling and two of its corporate managers in June 2024.

The court clarified that the defendants will not receive more extensions on their arraignment and plea.

Alameda County District Attorney Pamela Price agreed with the court that defendants should not get preferential treatment. Price and her team appreciated the court for clarifying that future delays by Radius will not be tolerated.

The Bay Area Air Quality Management District’s (BAAQMD) public data shows that during and after the fire, the smoke plume traveled across Alameda County with high levels of PM 2.5 (Particulate Matter less than 2.5 microns in diameter) detected around Laney College in Oakland, Livermore, Pleasanton, and West Oakland.

PM2.5 is particularly harmful to infants and children, the elderly, and people with asthma or heart disease.

“This fire posed a great health hazard to the people of Alameda County,” said Price. “High, short-term exposures to a toxic smoke plume have been shown to cause significant danger to human health.

“Additionally, in this case, Oakland firefighters battled the blaze under extremely dangerous conditions for 15 hours with assistance from a San Francisco Fire Department fireboat and a fireboat from the City of Alameda Fire Department,” Price observed.

The team prosecuting the case from the DA’s Consumer Justice Bureau looks forward to resolving any future motions and having the defendants arraigned in court on Dec. 9.

The media relations office of the Alameda County District Attorney’s office is the source of this report.

Oakland Post

Posts by Oakland Post

Alameda County

D.A. Price Charges Coliseum Flea Market Vendors in Organized Retail Theft Case

The charges against Octavio Ambriz Valle, 52, Devora Ambriz Valle, 49, and Felipe Del Toro Trejo, 54, include multiple felony counts of possessing stolen property and organized retail theft in concert. It is alleged that the trio of vendors possessed stolen property valued at $348,466 from nine different retailers, including Kohl’s, Macy’s, PetSmart, Sephora, Sunglass Hut, TJX, Target, Walgreens, and Walmart.

Published

1 day ago

November 4, 2024

Oakland Post

Alameda County courthouse. Courtesy photo.

Alameda County Courthouse File photo.

Special to The Post

Alameda County District Attorney Pamela Price announced today that her office charged three people in connection with multiple organized retail theft crimes stemming from a sophisticated criminal enterprise operating at the Oakland Coliseum Flea Market from March 26, 2023, through April 17, 2024.

It is alleged that the trio of vendors possessed stolen property valued at $348,466 from nine different retailers, including Kohl’s, Macy’s, PetSmart, Sephora, Sunglass Hut, TJX, Target, Walgreens, and Walmart.

Last year, the District Attorney’s Office successfully competed and received a $2 million grant from the California Department of Justice to combat organized retail theft. Price added another $2 million to bolster the Organized Retail Crime Alameda (ORCA) unit which is fully operational and collaborating with numerous law enforcement agencies.

“For over a year, this enterprise supported criminal networks by requesting and buying specific products from brazen boosters who repeatedly terrorized retailers,” said Price. “I want to acknowledge our Organized Retail Crime Alameda (ORCA) Vertical Prosecution Unit for its great work and the role they played in this multi-jurisdiction investigation, which included the California Highway Patrol Golden Gate Division Organized Retail Crime Task Force, the San Mateo County Sheriff’s Office, and San Ramon Police Department.”

If convicted and sentenced on all charges, Octavio Ambriz Valle faces a maximum sentence of nine years in County jail; Devora Ambriz Valle faces a maximum sentence of five years in County jail; and Felipe Del Toro Trejo faces a maximum sentence of three years and eight months in County jail.