combined-10th-11th-report.pdf

Negotiated Settlement Agreement, Combined Tenth and Eleventh Semi-Annual Report December 2008 notifies the District Attorney’s Office in a timely fashion following officer-involved shootings, giving the District Attorney an opportunity to come out to the scene and participate in subject officer investigations. Likewise, OPD provides the District Attorney’s Office with evidence it has gathered so that it can conduct its own assessments. After the District Attorney’s Office has completed its review, it issues an officer-involved shooting report, informing the Department whether or not it has decided to prosecute the subject officers. Historically, it has taken months and in some cases over a year for OPD to receive the District Attorney’s report. The IMT noted that despite an agreement reached in late 2006, in which the District Attorney’s Office would endeavor to provide OPD with a determination within two weeks of receiving OPD’s completed investigative packet, these delays have continued. Excessive delays in receiving the District Attorney’s determination prolong the already high levels of stress and anxiety experienced by officers who are involved in shootings. The IMT encouraged the Department to continue to work with the District Attorney’s Office to address this issue. Task 31.3 requires that interviews of the subject officer be conducted jointly with the appropriate staff from Homicide and the District Attorney’s Office. Homicide investigators conducted interviews of the subject officers in all officer-involved shootings. In five incidents, Homicide conducted the subject officer interviews jointly with investigators from the District Attorney’s Office and provided the District Attorney an opportunity to participate in the subject officer interviews in all of the cases. Accordingly, OPD is in compliance with Task 31.3. Tasks 31.4 and 31.5 are redundant of requirements contained in Task 24 (24.5 and 24.6, respectively) and were found in compliance. Accordingly, they were not separately assessed for Task 31. Task 31.6 requires OPD to provide all evidentiary material to the District Attorney’s Office, the Internal Affairs Division, and the City Attorney’s Office. OPD is in compliance with this requirement. Based on the IMT’s review of the investigative files and its interviews with Homicide personnel and the District Attorney’s Office, during the course of and at the completion of its criminal investigation, Homicide provides all evidentiary material to the District Attorney’s Office and the Internal Affairs Division. The City Attorney’s Office receives this information and the evidence gathered by the Internal Affairs Division when reviewing the Internal Affairs investigation and the materials prepared for the Executive Force Review Board. OPD is in compliance with this task. Task 32: Use of Camcorders e Settlement Agreement Section V. I; page 23, lines 20-21 (lead-in page 18, lines 11-12) e Assigned Unit: BFO Settlement Agreement Language “Within 390 days from the effective date of this Agreement, OPD shall develop and implement a revised policy, and appropriate forms, regarding use of force reporting and review. H. Use of Camcorders OPD shall explore the use and cost-effectiveness of camcorders in Patrol vehicles.” 62