19th-quarterly-report.pdf

Nineteenth Quarterly Report of the Independent Monitor for the Oakland Police Department October 30, 2014 Page 20 required to assess credibility in these instances since a determination can be made without interviewing all involved. In the other case, IAD interviewed one officer in a use of force case referred to IAD by a Force Review Board. The interview resulted in a justified finding for the use of force in question. While the case was in our sample, it did not constitute a full investigation by IAD. We identified one credibility assessment as problematic. The investigating sergeant never made a definitive credibility assessment of one witness, but twice characterized her credibility as “of concern.” We believe there was enough information to make a determination one way or the other. In six cases, complainants or witnesses were appropriately deemed not credible. In three of the cases, PDRD recordings directly contradicted their statements. In the other three cases, physical evidence and/or their own inconsistent statements appropriately called into question the credibility of some of those interviewed. We identified one case in which relevant evidence was not identified or considered during this review. The complainant alleged that an officer failed to properly investigate and document a domestic violence incident. We concur. The officer failed to take into account the statements of two witnesses as well as the physical evidence at the scene. The investigating sergeant went to great lengths to exonerate the officer, but we disagree with the finding. OPD is in compliance with Task 5.15 and 5.16. Task 5.17 requires that OPD permanently retain all notes generated and/or received by OPD personnel in the case file (compliance standard: 85%). OPD personnel document that all investigative notes are contained within a particular file by completing IAD Form 11 (Investigative Notes Declaration). During the previous reporting period, we found OPD in 100% compliance with this subtask. During this reporting period, the form was again properly completed in all 25 cases we reviewed. OPD is in compliance with this subtask. Task 5.18 requires that OPD resolve each allegation in a complaint investigation using the preponderance of the evidence standard (compliance standard: 90%). During the last reporting period, OPD complied with this subtask in 92% of the cases we reviewed. During this reporting period, OPD complied with this subtask in 24, or 96%, of the 25 cases in our sample. OPD’s review and consideration of electronic evidence continues to contribute to OPD’s success in this area. In 14 of the cases we reviewed, PDRD recordings proved material to arriving at the appropriate findings. In two other cases, phone calls recorded in in the Communications Division were instrumental in determining the correct finding.