LEQ. HOW a Thermos Helped Catch a Killer. IN THIS ISSUE: CHRONIC PUBLIC INEBRIATES IMMIGRATION SCAMS VICTORIES FOR OFFICERS NEW CHIEFS

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1 LEQ Vol. 32 No. 1 Winter HOW a Thermos Helped Catch a Killer. IN THIS ISSUE: CHRONIC PUBLIC INEBRIATES IMMIGRATION SCAMS VICTORIES FOR OFFICERS NEW CHIEFS

2 FROM THE DISTRICT ATTORNEY Bonnie M. Dumanis LEQ 5 Law Enforcement Quarterly A publication of the San Diego County District Attorney Ever since I arrived on the thirteenth floor of the Columns Hall of Justice, I have been even more impressed with the integrity, professionalism and expertise of those that work in this office. Many times during this past year, these talented employees had to carry enormous workloads because of vacant positions and our self-imposed hiring freeze. Through these difficult months, deputy district attorneys, paralegals and support staff have all pulled together to accomplish whatever needed to be done. And when the recent wildfires hit, our district attorney investigators pitched in to help law enforcement patrol the East County. This type of teamwork has made being at the helm of such a great organization a very gratifying experience. However, there has been one part of my job that no one could have prepared me for, and that is the loss of life. This past year has been tough. I ve attended the funerals for San Diego Police Officer Gerald Griffin Junior, Oceanside Police Officer From The District Attorney by Bonnie M. Dumanis On The Inside by Jesse Rodriguez Civil Liability by Wendy L. Patrick Chief s Corner by William D. Gore Points Of Law by Robert C. Phillips Columnist photos: Dave Gatley Features Closing The Revolving Door For Chronic Public Inebriates by Joan F. Dawson & John Liening San Diego project has sobering effect Investigating Immigration Fraud by Tricia Pummill Theft by false pretense RxNET From The Pharm by Sara Simpson Doctor shopping for drugs Special Report: How A Thermos Helped Capture A Killer 18 Tony Zeppetella, San Diego Police Detective Barry Eldridge, San Diego Police Officer Terry Bennett and CHP Officer Dean Beattie. There doesn t seem to be any good answers as to why these officers had to lose their lives. As a former deputy district attorney and judge, I still find it hard to understand the senseless circumstances that lead to these tragic situations. I m grateful that San Diego Police Officer Jonathan Deguzman has recovered and is back on the job. Let s hope that San Diego Police Officer Dan Walters also has a speedy recovery. The ultimate sacrifice paid by Novato Firefighter Stephen Rucker, who died while protecting homes during the recent firestorms, should also be recognized Departments News Briefs Commendation Of The Quarter SDPD Sergeant Bill Holmes Profile In Law Enforcement William Lansdowne Chief, San Diego Police Department 34 by Paul Levikow A killer is caught 38 years later New Chiefs Around The County by Reza Torkzadeh & Paul Levikow Four take charge in 2003 This issue of the LEQ is dedicated to those officers who lost their lives in the line of duty, to those who ve been wounded or injured and to the rest of the men and women who wear the badge. You encounter many dangers, but rarely has this On The Cover: El Cajon Police Detective Robert Anderson is shown with some of the evidence from his investigation in the Wilkerson case. community had to face the tragic consequences in such rapid succession. Cover photo: Tim Tadder I hope you enjoy this issue of the LEQ and remember you re part of our family, you re appreciated and 26 you re needed. Stay safe! 2 Law Enforcement Quarterly Law Enforcement Quarterly is published by the Office of the District Attorney, County of San Diego, 330 West Broadway, Suite 1300, San Diego, California 92101, (619) , or All inquiries or comments should be sent to the editor at this address. The primary purpose of this magazine is to provide police officers and law enforcement executives with assistance in understanding the rapidly changing aspects of the law. No portion of this publication may be reprinted without the written permission of the editor. 3

3 ON THE INSIDE Jesse Rodriguez Assistant District Attorney Restructuring San Diego s Largest Law Firm I accepted the position of Assistant District Attorney after 16 years on the Superior Court bench, 10 of those years as Supervising Judge at the South Bay Courthouse. The District Attorney has given me the responsibility of running the day-to-day operations of the office under her guidance. The past year has been one of change and challenge and I have had great personal and professional satisfaction in helping to lead our office down a new and exciting path. Since this is my first column in the LEQ, I want to explain some of the changes we ve made. As the highest-ranking Latino in the history of the office, I m glad to see a new emphasis being put on diversity. Kim-Thoa Hoang is the first Vietnamese to be appointed as division chief. She is in charge of the Appellate Division. Sharon Majors-Lewis is the first female, African American to serve as a division chief. She oversees the Central Pre- Trial Division. These are just a few of the progressive actions taken by District Attorney Dumanis. One of the first steps we took in the new administration was to implement a long overdue rotation of division chiefs and assistant division chiefs. We have implemented new training sessions for all employees. We are putting more weight on employee motivation, recognition and reward. Despite budget problems, we ve hired ambitious young prosecutors and promoted some of our seasoned professionals. We have made great progress with these important goals. One of our major accomplishments has been the restructuring of an organization that had not seen change for more than 30 years. We now have four chief deputies who oversee the Branch Offices, Divisions We are committed to building trustworthy relationships with local law enforcement agencies. and their respective voluminous caseloads. We added a Cold Case Homicide Division to deal with the approximately 2,000 unsolved murders throughout the county. We have a new Sex Crimes/ Stalking Division that is dedicated to excellence in prosecution and committed to improving the physical, psychological and emotional wellbeing of victims. We also have targeted drug trafficking and drug use by forming an aggressive Narcotics Division. Our Economic Crimes Division continues doing great work in the area of public protection. One of our top priorities is white collar crime. Our Computer and Technology Crime High Tech Response Team leads the region in investigating identity theft. We have been and continue to be relentless in our prosecution of this crime because it affects thousands of San Diegans every year. Our Insurance Fraud Division has partnered with the Department of Insurance to protect vulnerable San Diego County residents following the wildfires. Roving Enforcement Teams sent a strong message to unethical businesses that tried to prey upon fire victims. We are committed to building trustworthy relationships with local law enforcement agencies. I have already met with many of you and look forward to partnering with your departments in the future to target crime problems in your specific areas. One of our more successful efforts has been with North County law enforcement and gang injunctions. Together we have significantly reduced gang violence in that area. Our office has created the Gang Prevention and Intervention Project. It s an innovative program that seeks out high-risk youngsters to help steer them away from gangs. As we all know, there is much to be done in the area of public safety and our office is dedicated to working together. LEQ Closing the Revolving Door for Chronic Public Inebriates San Diego s Collaborative Solution to a Community Problem They are often referred to as frequent flyers or chronics. They are chronic alcoholics, who are constantly drunk in public, stumbling across sidewalks and streets, or passed out in doorways and alleys. They urinate, defecate, and vomit in public. Some become angry and violent when they are drunk, shouting at and harassing others. Most of these chronic alcoholics are homeless. Police and paramedics are regularly called to deal with these chronics, who move in and out of jail, and in and out of local hospitals, without much help or hope. These chronic alcoholics drain emergency resources and frustrate community members who feel more should be done. Based on City and County of San Diego statistics, it is estimated that there are between 180 and 250 chronic alcoholics living on the streets of San Diego. In 1999, the San Diego Police Department processed 3,413 arrests for drunk in public a violation of California Penal Code section 647(f). The Volunteers Of America Inebriate Reception Center (Detox) the first stop for most individuals who are arrested for being drunk in public averages about 10,000 intakes a year. Forty-three By Joan F. Dawson and John Liening percent of these individuals are repeat offenders, averaging 30 to 40 intakes a year. In 1998, UCSD Medical Center tracked 15 chronic inebriates who visited the hospital emergency room almost daily. In one year, these 15 individuals were transported by ambulance to UCSD s emergency room 299 times, costing the public health system $967,000. One inebriate accounted for 51 paramedic runs and 51 hospital admissions, costing $91,000. Add to these costs the expense of the police responding to the scene of a chronic alcoholic who is creating a disturbance or in need of medical care, and the financial drain on the City and County of San Diego rises to about $3 million a year. The problem is more than just a financial one. Some chronic public inebriates abuse hospital emergency rooms daily. According to staff at UCSD Medical Center, it was common to see one chronic eight to 10 times in a weekend. This individual was taking limited bed space in the emergency room getting sobered up before he could be released, only to start drinking again once he was back on the street. In August 1998, two San Diego Police Department 4 Law Enforcement Quarterly 5

4 Chronic Public Inebriates patrol officers and one sergeant pulled together the statistics related to this revolving door for chronic public inebriates, which had been documented as a problem in San Diego for 30 years. The City of San Diego had previously assembled two public task forces to develop solutions to the problem. Because of changing political climates, limited jail space, and County and City budget concerns, each task force was disbanded after a year or two, with no long-term solutions. Recognizing that millions of dollars were being spent on managing the problem without any real solutions, the officers decided to explore the possibility of developing a collaborative solution that would work. The officers saw success stories coming out of San Diego Drug Court, and thought similar principles could apply to individuals arrested for the misdemeanor offense of being drunk in public. Out of early meetings with the San Diego City Attorney s Office, which is responsible for prosecuting misdemeanors in the City, and the San Diego Superior Court, the Serial Inebriate Program (SIP) was developed. SIP is a collaborative effort involving police, prosecutors, The Court, and alcohol treatment providers. The goals for SIP were clearly defined: Create a model that offered alcohol abuse rehabilitation as an alternative to jail time; utilize existing court proceedings to process drunk in public arrests; introduce chronic inebriates Law Enforcement Quarterly Published by the Office of the District Attorney Bonnie M. Dumanis Gail Stewart Paul Levikow publisher editor-in-chief managing editor Blaise Nauyokas publication design William D. Gore, Wendy L. Patrick, Robert C. Phillips, Jesse Rodriguez columnists Joan F. Dawson, John Liening, M. Margaret Neil, Tricia Pummill, Sara Simpson, Reza Torkzadeh contributing writers into the treatment community; reduce community disorder calls for police; and reduce the overall costs associated with homeless chronic inebriates. The officers recognized that a program that presented real, long-term solutions would have to involve all agencies and people affected by the problem. The list of stakeholders was comprehensive, including the City of San Diego s Fire and Life Safety Services/Emergency Medical Services, San Diego Police Department, San Diego Sheriff s Department Detention Facilities, Volunteers Of America Inebriate Reception Center (Detox), San Diego City Attorney s Office, Office of the Public Defender, San Diego Superior Court, San Diego County Drug and Alcohol Services, the communities of San Diego, and the chronic inebriates themselves. City and County officials were open to any cost effective program that would divert the chronic inebriate off the street and into treatment. Community members were supportive of a program that would offer chronic inebriates a chance at rehabilitation. Mental Health Systems a community-based treatment provider stepped forward and agreed to help, taking on the clients, placing them in treatment, and finding housing for them. SIP started as a one-year pilot program in The program is simple. Individuals arrested for being drunk in public who are rejected from Detox for too many visits are taken to County jail and held with bail set until arraignment in San Diego Superior Court. At arraignment and throughout the court proceedings, offenders are offered treatment as an alternative to jail time. When individuals agree to treatment, they are picked up from jail by a San Diego Police officer and are driven to the treatment program. Individuals opting for treatment are also provided with housing and other resources to allow them to succeed. Early statistics demonstrated that using the power of the criminal justice system to intervene and provide a rehabilitative option was a viable solution. The San Diego Police Department made 278 arrests of 144 people during the pilot period. Seventy-two percent (104 of the 144 people arrested) requested to be assessed for treatment; 46 percent (48 of the 104 people assessed) were accepted into treatment. Forty-six percent (22 of the 48 people accepted into treatment) stayed in treatment. Of the 144 people arrested, 58 percent were not contacted by the police again for at least one year. Police and paramedics are regularly called to deal with chronic alcoholics who move in and out of jail, and in and out of local hospitals, without much help or hope. Chronic Public Inebriates 6 Law Enforcement Quarterly 7

5 Chronic Public Inebriates Emergency medical services calls and hospital emergency room admissions for individual offenders decreased during the pilot year. At the end of the year, walks away from or completes a treatment program. SIP has been recognized nationally with a Certificate of Achievement in the 2001 Herman Goldstein Award Afew years ago, the District Attorney s Office received several complaints from the Mexican Consulate Office in San Diego of Mexican nationals living in Investigation Techniques Immigration fraud is defined as the selling of immigration assistance services by an individual not the San Diego City Council voted unanimously to support for Excellence in Problem-Oriented Policing. The City of the U.S. without papers and having paid thousands of authorized to do this type of work. When investigating the Serial Inebriate Program and incorporate it into the Oceanside modeled its Chronic Offender Program on dollars to a phony lawyer to help them become legal these cases, look for evidence of theft by false pretense City s Special Needs Homeless Program. SIP. SIP has expanded to Santee, El Cajon, Lakeside, residents. or embezzlement, unlicensed practice of law, and violations The County Board of Supervisors and County of National City, Imperial Beach, and Chula Vista. Other Several prosecutors were reluctant to file the cases of the Immigration Consultant Law. Here are the steps San Diego s Alcohol and Drug Services have also been jurisdictions including Los Angeles, San Francisco, and because of concern that the victims would either be to a successful investigation: supportive of SIP, identifying funding for a counselor to Spokane, Washington are interested in the program. deported or refuse to come to trial. There was a very go into jail and assess individuals willingness to enter a Current statistics show that about half of the indi- treatment program. The County also awarded SIP viduals referred to treatment are staying in treatment. $400,000 in tobacco settlement money to fund client In 2001, 39 chronic inebriates participated in a six-month services as well as two case managers, who locate rehabilitation program. San Diego Police Department residential treatment programs for all clients, maintain calls for service involving chronic inebriates are down. statistical data related to clients in recovery, and inform The real success of SIP is in the stories of the individuals the Police Department and the who are turning their lives Superior Court when a client around. One individual Joan F. Dawson is Head Deputy City Attorney of the San Diego City Attorney s Neighborhood was a chronic public inebriate, living on the streets of San Diego for 10 years. He was in and out of jail and mental institutions. He was arrested numerous Officer John Liening is one of the two San Diego Police Department patrol officers who developed Investigating Immigration Fraud By Tricia Pummill Prosecution Unit. times for being drunk and implemented the in public and refused Serial Inebriate Program Current statistics show that about half of the individuals referred to treatment are staying in treatment. treatment, until SIP as a problem-oriented was introduced to policing project. him. In 2000, he was arrested several times, was convicted and sentenced to jail with each sentence resulting in increasing custody time. He finally decided to take the treatment option. He has now been sober for two years. He persistent DA employee, Investigative Specialist Irma Ortega, who refused to give up. She convinced me to file criminal grand theft and forgery charges against the Witness Interviews Begin with the witness interview. If the witness does not speak English well, the interview should be in his/her works full-time, lives on his own, has purchased suspect, Henry Barela. He is currently serving seven years native language. It is best if the interviewing officer speaks a car, opened a checking account and pays in prison, the longest sentence imposed in California for the language, but the interviewing officer could be taxes. SIP helped him close the revolving door immigration fraud. assisted by an interpreter. We recommend the interpreter of his alcoholism and open a new life of The purpose of this article is to provide a step-by-step also be a peace officer or a person in law enforcement. sobriety and success. approach to investigating immigration fraud cases. The If the witness states he/she paid the suspect to prepare For more information on the Serial Inebriate perpetrators of immigration fraud are sophisticated and and/or file documents with the Immigration and Program, contact Sergeant Richard Schnell or depend on the government indifference to escape prose- Naturalization Service (INS) on his/her behalf, find out Officer John Liening at the San Diego Police cution. We must teach these individuals that we protect how much the person paid, when, why the person trusted Department, (619) LEQ everyone who lives in our community from theft and the suspect, and collect all documents the person has. deceit. If you receive one of these complaints, the following Usually, victims pay in cash and the suspect provides tips we learned from the Barela case may be helpful. receipts. 8 Law Enforcement Quarterly 9

6 Fraud Sometimes the suspect asks for a money order Secretary of State: You can check whether the suspect form but not advising the person how to answer it, trans- officers, fearing deportation. We explained that merely Fraud payable to the INS, and then the suspect alters the money has filed a bond with the Secretary of State on the internet lating, securing supporting documents, submitting the speaking with us would not trigger their deportation. order and cashes it. The suspect may also provide the at Click on California Business Portal, completed form to the INS, or referring the person to We contacted the INS about protecting the victims from victim with a business card. Often, the suspect says he then on Special Filings, and finally on Immigration a lawyer, then the suspect must have done all of the deportation. was or is an employee of the INS and has special pull Consultant Bond Search. You can search their files for following: We learned that INS has a program to protect crime with the agency. Others will tell victims they are notarios your suspect s name and business name. victims, but that it will commence deportation proceedings which is the Spanish designation for an attorney. Board of Immigration Appeals: You can check whether (1) Filed a bond of $50,000 with the California at the conclusion of the criminal case. We declined to Records Search your suspect is admitted to appear before the Board of Immigration Appeals on the internet. Go to the INS site: Secretary of State for the benefit of anyone damaged by any unlawful act of the suspect, use this program because it would punish our victims for speaking to us and deter others from complaining. There are three ways that a person can qualify to prior to going into business Instead, we reached an agreement with the INS file immigration documents on behalf of another: Be Click on name of organization or name of individual (2) Provided the client with a written contract in that it would provide any documents we needed and accredited represen- English and the language of the client stating nothing more. Thus, individuals who complained to us tative to search for the services to be performed, the cost of the were in no better and no worse position for having come your suspect. services and a statement in 10-point bold type forward. None of the victims was deported during the Possible Violations that the provider is not an attorney (3) Posted a notice in the office in English and the prosecution. Our victims were citizens Theft by False client s language containing the provider s full of Mexico. We worked with the Pretense (felony/ name, address, and evidence of compliance Mexican Consulate Office in misdemeanor): If the with the bonding requirement, including the San Diego to assure our suspect represented bond number, and a statement that the pro- victims that we would not harm he/she could do vider is not an attorney them for coming forward to immigration work and he/she is neither an attorney nor a bonded immigration consultant, the suspect committed theft by false pretense. You should (4) Delivered to the client a copy of each document or form completed on the client s behalf Also, the immigration consultant is prohibited from: (5) Retaining the original documents of the client (6) Making false or misleading statements to the client (7) Making a guarantee not in writing and not report these crimes. Consulate officials attended interviews and provided our victims with a sense of security. The witnesses in the Barela case appeared for every appointment and court appearance. Tricia Pummill is a Deputy District Attorney in the Economic Crimes Division who handles consumer protection cases. aggregate all money based on fact They were convincing witnesses. taken from the same (8) Making a statement he/she has special Their perseverance convinced Barela it was futile to victim/family as one influence with INS fight the charges and he pleaded guilty on the first day count, but allege a (9) Charging a referral fee of trial. separate count for The Court gave Barela three months to raise money each victim/family. If you have evidence of any of the above activities, to pay his victims restitution of more than $100,000. He a lawyer admitted in California, file a bond with the Theft by Embezzlement (felony/ misdemeanor): you may allege them as misdemeanors pursuant to left town and we eventually found him in Las Vegas. We California Secretary of State, or be admitted before the If the suspect received money from the victim with an Business and Professions Code The first violation returned him to San Diego and The Court sent him to Board of Immigration Appeals. The next step in the understanding the money was for someone else (e.g. INS is a misdemeanor and subsequent violations may be prison for 7 years. For all the law enforcement officials investigation is to determine whether the suspect complies filing fees), allege theft by embezzlement. felonies. involved in the case, it was immensely gratifying to get with any of these requirements. State Bar: The California State Bar Association main- Forgery (felony): If the suspect altered and cashed a money order payable to another, allege forgery. A Success Story this man off the streets of San Diego. We hope you will join us in investigating and tains a website where you can check the license status Unlicensed Practice of Law (misdemeanor): If the suspect In 2000, the District Attorney s Office filed grand theft prosecuting these cases. Bring completed investigation of anyone practicing law. Go to and do a offered to perform legal services for the victim and is and forgery charges against Henry Barela doing business reports to the Economic Crimes Division where they member search. Simply print out the page that indicates not admitted to practice law in California, allege unlicensed as TMA Services in Vista. The original Complaint was will be vertically prosecuted. the person is not an attorney. If the person is an attorney, practice of law. the result of two victim complaints. After the case received If your department does not have the resources refer the complaint to the California State Bar Association Immigration Consultant Violations (misdemeanor/felony some press coverage, an additional 20 theft charges were to investigate these cases, please refer complaints to for a review of whether the attorney violated the laws governing attorney conduct. if with a prior): If the suspect offered non-legal assistance on an immigration matter consisting of: Completing a filed. At first, victims were reluctant to speak to peace the District Attorney s Economic Crimes Division at (619) LEQ 10 Law Enforcement Quarterly 11

7 The San Diego Regional Pharmaceutical Narcotic Enforcement Team, or RxNET as it is known, is about to celebrate its second anniversary and it is being Since RxNET s inception, it has investigated more than 600 incidents involving pharmaceutical diversion, arrested more than 200 suspects and identified more doctors, 300 registered nurses, and 100 pharmacists in identifying diversion trends and characteristics, as well as providing an enforcement resource. In addition, RxNET Prescription Program. Because of this additional scrutiny of medical professionals licensed to prescribe Schedule II drugs, California has experienced minimal Schedule II well received. The California Department of Justice, than $570,000 worth of insurance fraud. Twenty percent understands the importance of consistency when investi- abuse. Bureau of Narcotic Enforcement in conjunction with the of those arrested involved licensed medical professionals, gating pharmaceutical diversion and has provided However, California has encountered rampant abuse San Diego Police Department, the California Department including medical doctors, certified registered nurses training to local law enforcement agencies throughout among Schedule III, IV, and V drugs. The opposite has of Justice Triplicate Prescription Program, the Department and pharmacists. San Diego County. been seen on the East Coast, where triplicate prescriptions of Insurance Fraud Division, the U.S. Drug Enforcement Because pharmaceutical diversion investigations are not utilized. States there have Administration and the San Diego/Imperial County cross all socioeconomic boundaries, it is common for experienced the ravaging effects of Narcotic Information Network make up the multi-agency RxNET to participate in sensitive investigations involving Schedule II drugs, such as Oxycontin, police officers, teachers, airline and fewer problems with Schedule pilots, building contractors and III-V drugs. Some believe that appro- attorneys. priately prescribing Schedule II drugs Traditionally, pharmaceutical for pain management will reduce the diversion investigations were current abuse trends of Schedule III-V cumbersome and complex, often Sara Simpson is a RxNET: From The Pharm Special Agent Supervisor with the California Department of Justice, Bureau of Narcotic Enforcement, San Diego By Sara Simpson resulting in inconsistent results for both the medical Regional Pharmaceutical Narcotic Enforcement professionals reporting the incidents and law enforce- Team. task force. It was formed in April 2002 to manage the rise in pharmaceutical diversion related crimes. The purpose is to investigate the diversion of legal pharmaceutical drugs to illicit channels; identify and prosecute professionals prescribing medications without meeting acceptable medical standards of care; arrest ment who were tasked with investigating the crimes. This task force has been resourceful in utilizing the available technology, which allows RxNET to network with a larger core group. The San Diego Police Department developed and implemented a program at RxNET, which is a specific Since RxNET s inception, it has investigated more than 600 incidents involving pharmaceutical diversion, arrested more than 200 suspects and identified more than $570,000 worth of insurance fraud. drugs in California. Under Senate Bill 151, the triplicate prescription program will be phased out. Beginning in 2005, physicians will be required to use a secure controlled substance prescription form obtained from a printer that has been approved by the Board of prescription forgers and doctor shoppers and to identify pharmaceutical diversion known as the Fax-Alert system. Pharmacy. This should provide greater control of some and prosecute those responsible for the unlawful billing Fax-Alert subscribes to approximately 400 doctors, of the drugs we are currently seeing abused, such as of insurance companies. pharmacies, and medical clinics throughout San Diego California will be retiring the Triplicate Prescription Vicodin, Tylenol with codeine, and Valium. The develop- RxNET also provides a resource for training medical County. The program simultaneously faxes information Program soon, with the enactment of Senate Bill 151. ment of the tamper-proof prescription forms should professionals, law enforcement, and the community to the 400 enrolled clients with alert information regarding The state s medical profession will see a more accessible help curtail the forgery of pharmaceutical prescriptions about the financial and public safety losses that result drug diversion activity. system for monitoring the prescriptions of Schedule II in general. from pharmaceutical diversion. All investigations are In conjunction with Fax-Alert, RxNET has been controlled substances and narcotics. Currently, California For additional information, contact The RxNET Task jointly conducted by the participating members. Each committed to providing an aggressive and dynamic requires physicians to use triplicate prescription forms Force Agents at the California Department of Justice contributes many types of resources in furtherance of training component. RxNET has provided training at when prescribing Schedule II drugs. Those forms are building: 9425 Chesapeake Drive in San Diego. Or call the these investigations. various medical institutions, instructing more than 600 monitored by the Department of Justice Triplicate RxNET Hotline at (858) LEQ 12 Law Enforcement Quarterly 13

8 CIVIL LIABILITY Wendy L. Patrick peace officers. (Id.) Second, false accusations against peace officers may Loshonkohl v. Kinder The recent case of Loshonkohl v. After Walker was decided, the California Supreme Court delivered have substantial adverse secondary Kinder (2003) 109 Cal.App.4th 510, the Stainstreet opinion. Loshonkohl effects. Such complaints are crimi- after examining the constitutionality was decided after Stainstreet and nally discoverable, they require of PC 148.6, concluded that the cites its rationale with approval in Two Major Victories for Peace Officers Falsely Accused: The Constitutionality of PC and CC 47.5 investigative resources that could be put to more effective use, and the complaints and subsequent investi- analogous Civil Code section 47.5 was constitutional. San Diego Police Officer Dona concluding CC 47.5 is constitutional. Specifically, the court agreed with the Stainstreet reasoning in applying To Protect and to Serve. Attempting to fulfill that mission as a peace officer is a job that is not only often thankless and dangerous, it can be downright deadly as demonstrated by the killing of San Diego County peace officers over the past year. Serving the public as a member of law enforcement is hard enough. The last thing we want our peace officers to worry about is false accusations of misconduct. Even when a falsely accused officer is eventually exonerated, such reports necessarily generate an investigation and often spark a rash of negative publicity that can be extremely disruptive to the careers, personal lives, and morale of our police force. Fortunately, we have two recent favorable court decisions on this issue. In reversing the Court of Appeal, the California Supreme Court in People v. Stainstreet, (2002) 29 Cal.4th 497, declared the constitutionality of California Penal Code section 148.6, which criminalizes filing knowingly false misconduct allegations against peace officers. In Loshonkohl v. Kinder (2003) 109 Cal.App.4th 510, the Court of Appeal Fourth Appellate District upheld the constitutionality of California Civil Code section 47.5, which allows peace officers to sue their wrongful accusers for defamation. gation can negatively affect the officer s career. (Id. at 509.) Third, PC does not present any realistic possibility of official suppression of ideas, it only criminalizes knowingly false complaints of misconduct. (Id. at ) Wrongly-Accused Officer s Ability to Sue for Defamation California Civil Code Section 47 describes a privileged publication or broadcast. The categories include Loshonkohl was part of her department s Community Oriented Policing Program. James Kinder operated a car rental business. Loshonkohl and Kinder had a confrontation, after which Loshonkohl obtained approval for a project to address problems with abandoned vehicles, parking issues, and code violations around Kinder s business. (Id. at ) During the course of the project 41 vehicles were impounded; 16 of them belonged to Kinder. (Id. at 513.) Kinder accused the third R.A.V. category of permissible content-based regulation and concluded that like PC 148.6, CC 47.5 did not present a realistic possibility of officially suppressing ideas. (Loshonkohl, supra, 109 Cal.App.4th at ) [T]he potential for defamation liability under section 47.5 creates no realistic possibility of the official suppression of ideas because the Legislature is not suppressing all complaints of police misconduct, California Penal Code Section conduct at a Police Activities League to an onslaught of unfounded police one made (a) in the proper discharge Loshonkohl of acting out of revenge only knowingly false ones. (Id. at Penal Code Section 148.6(a)(1) event. (Id. at 501.) After a jury trial, misconduct charges which stemmed of an official duty, and (b) in any and filed 20 complaints against her, 517 [citing Stainstreet, supra, 29 states that [e]very person who files the two defendants who made the ironically from police agencies (1) legislative proceeding, (2) judicial none of which was sustained. (Id.) Cal.4th at 509].) In going through any allegation of misconduct false accusations were convicted of facilitating their citizen complaint proceeding, (3) in any other official Loshonkohl incurred damages both their analysis, the Loshonkohl court against any peace officer, as defined PC as well as PC filing procedures since the 1991 Rodney proceeding authorized by law, or (4) professionally as well as personally also noted that CC 47.5 contains an in Chapter 4.5 (commencing with a knowingly false crime report. (Id.) King incident. (Id. at ) in the initiation or course of any other as a result of Kinder s complaints. additional safeguard not contained Section 830) of Title 3 of Part 2, The Court of Appeal reversed the It is true, however, that PC proceeding authorized by law... She therefore successfully sued in PC that requires the speech knowing the allegation to be false, judgments, stating that PC did applies only to false accusations California Civil Code Section Kinder for defamation under CC at issue be made with spite, hatred, is guilty of a misdemeanor. not apply to complaints of police against peace officers, and not against 47.5 states that: 47.5 and recovered $350,000. (Id.) or ill will. (Id. at 517.) This additional Subsection (2) provides that the misconduct and that PC was other public officials. That selectivity Notwithstanding Section 47, a Shortly thereafter, Walker v. requirement is over and above the complainant read and sign a state- unconstitutional. (Id.) was addressed by the Stainstreet court peace officer may bring an action Kiousis ((2001) 93 Cal.App.4th 1432) standards provided by the United ment in boldface type describing The Supreme Court in reversing in discussing the three categories of for defamation against an individual was decided by Division Two of the States Supreme Court for defamation the citizen complaint procedure and the Court of Appeal, provided a review content-based discrimination that who has filed a complaint with that same (Fourth Appellate) District, damages recovery by public officials. advising that it is a misdemeanor of the legislative history and some were permissible under the landmark officer's employing agency alleging declaring CC 47.5 to be unconsti- (Id.) to file a knowingly false complaint of the background relating to PC case of R.A.V. v. St. Paul (1992) 505 U.S. misconduct, criminal conduct, or tutional as impermissible content- Stainstreet and Loshonkohl are against an officer. That section was enacted in 1995 to 377 (R.A.V.) The court found that all incompetence, if that complaint is based discrimination under R.A.V., major victories for law enforcement. This section has been interpreted fill the void which existed because three categories applied to PC false, the complaint was made with supra. Based on the Walker decision, We hope the trend established by to apply only to allegations of mis- courts interpreted PC to only (Id. at 508.) First, the reason the entire knowledge that it was false and that Kinder moved to set aside the judg- these cases continues. LEQ conduct that occur within the scope cover false reports of criminal con- class of speech at issue knowingly it was made with spite, hatred, or ill ment. (Id.) The trial court denied the of the officer s duties. (Police Officers duct, not citizen reports of police false statements of fact is proscri- will. Knowledge that the complaint motion on jurisdictional grounds Wendy L. Patrick is a Deputy District Attorney Assn. v. San Diego Police Department misconduct, even where the miscon- bable has special force [citation was false may be proved by a showing but mentioned that even if it had currently assigned to the Superior Court Division (1999) 76 Cal.App.4th 19, 23.) duct alleged would be criminal. (Id. omitted] when applied to false that the complainant had no reason- jurisdiction, Walker s facts were of the San Diego District Attorney's Office. This at ; Police Officers Assn. v. San accusations against peace officers. able grounds to believe the statement distinguishable and the court in column does not contain legal advice. Please People v. Stainstreet Diego Police Department, supra, 76 (Id. at 508.) This is due to the legally was true and that the complainant Walker incorrectly addressed the shepardize all case law before using. The officer in Stainstreet was Cal.App.4th at 23.) The enactment mandated investigation and five- exhibited a reckless disregard for constitutional issue. (Id.) Kinder falsely accused of engaging in lewd of the section was also in response year retention of complaints against ascertaining the truth. appealed. 14 Law Enforcement Quarterly 15

9 CHIEF S CORNER William D. Gore NEWS BRIEFS By collaborating with the SAFE (Sexual Assault Felony Enforcement) Task Force, law enforcement is better able New Hires & Promotions to monitor these predators as soon as they are released. The San Diego District Attorney s Office announced In the event a sex offender fails to register, these prose- the hiring of 17 new Deputy District Attorneys.The compe- cutors are ready to act. The DA s Office is also aggressively A New Look at the DA s Bureau of Investigations The units include: 1. Pre-Trial 2. Computer and Technology tition was fierce and the quality of candidates was fantastic, which made the final picks very, very difficult. And after an incredibly complex and thorough promotional tracking sexually violent predators that are released from mental hospitals. Once the office is alerted that these criminals are getting out, the SAFE Task Force is imme- I joined the District Attorney s Office in February Having come from a federal law enforcement agency, it took me several months to completely understand the many roles and responsibilities of a District Attorney Investigator (DAI). Crime High Tech Response Team (CATCH) 3. Economic Crimes and Insurance Fraud 4. Family Protection process, the DA s Office also promoted 10 DDA IVs and two DDA Vs. The process went to great lengths to make sure these promotions were fair, equitable and based on merit and performance. It was obvious from the beginning that there were far too many talented candidates and diately notified and the sharing of case information begins. In addition, this division handles stalking and terrorist threat prosecutions. During the past year, the division has expanded the number of prosecutors who receive specialized training to handle these difficult cases which, For my first message to our law enforcement duties as defined 5. Gang Prosecution too few slots. The DA s Bureau of Investigations also more often than not, involve mentally unstable defendants. readers I thought it would be bene- in Penal Code Section Special Operations announced the promotion of one lieutenant and three ficial to provide an overview of the As the Chief of Investigations, 7. Branches supervising investigators. Murder Bureau of Investigations and the I m responsible for the Bureau and 8. Professional Standards The DA s Cold Case Homicide Division was formed duties of a DAI. report directly to the District Attorney 9. Public Assistance Fraud Fastest Growing Crime in an effort to solve the more than 2,000 unsolved murder The Bureau of Investigations or her designee. Assistant Chief A 63-year-old grandmother is wanted for forgery. A cases in San Diego County. This Division has received has a staffing level of 123 DAIs, 57 We also participate in the Violent 19-year-old woman is wanted for auto theft. A 28-year- more than 60 of these cold case files, which are being Public Assistance Investigators (PAIs) and 22 support staff. But the Bureau, like most state and local agencies, is significantly under staffing levels due to the budget crisis. The Bureau of Investigations provides the District Attorney s Office its law enforcement component. It is the DAIs, in conjunction with our law enforcement partners, who are responsible for developing a case to the point of proof beyond a reasonable doubt to ensure convictions in court. All DAIs must have five years It is the DAIs, in conjunction with our law enforcement partners, who are responsible for developing a case to the point of proof beyond a reasonable doubt to ensure convictions in court. Crimes Gang Task Force, Financial Crimes Task Force, Maritime Drug Task Force, Regional Auto Theft Task Force, Regional Computer Forensic Laboratory and Narcotics Task Force. In addition, DAIs have teamed with DDAs to form a Cold Case Homicide Division which will help address the severe backlog of unsolved murders. Our Technical Investigation staff provides assistance to DDAs in the production of trial exhibits, fingerprint analysis, promotional materials and audio/visual production. The duties of DAIs vary greatly. old man is wanted for felony DUI. Are these people really guilty? No. Identity theft involves suspects stealing key pieces of someone s identifying information, such as their name, address, date of birth, social security number and mother s maiden name and using that information to impersonate them, many times for financial gain. The San Diego District Attorney s Office recently joined forces with County Supervisor Greg Cox to seek ways to combat this crime. During the Identity Theft Conference, the Board officially urged the business community to adopt practices that discourage identity theft and called on legislators to toughen penalties for people convicted of this crime. The DA s Office has created a specialized unit to help track down these suspects. It s scanned into a new computer program. Two of the office s most seasoned prosecutors and some of its best investigators are reviewing these cases for new leads. The new division, along with some great work by Chula Vista Police detectives, has already solved the murder of a South Bay child. As with many cases, including the South Bay murder, DNA continues to play a more significant part in identifying the suspects and solving these crimes. We continually watch for more advances of forensic sciences to further our cold case homicide investigations. Drugs The DA s Office now has a one-stop shop for all your narcotics prosecutorial needs. The new Narcotics Division has one goal: To provide assistance to law enforcement recent (within the last three years) DAIs serve subpoenas, conduct called the Computer and Technology Crime High Tech officers as they go after major drug traffickers, suppliers experience as a peace officer working Investigator Mike Connelly reports surveillance, execute search and Response Team (CATCH). and users. By collaborating with local law enforcement for a federal, state, or local law directly to me and is responsible arrest warrants, locate and interview agencies, including the Drug Enforcement Administration enforcement agency, three years of for the day-to-day operations of the witnesses, ensure that evidence is Three New Divisions: and the Bureau of Narcotic Enforcement, the DA s office which must have included conducting Bureau. processed and analyzed, take photo- Sex has become a much bigger player in anti-drug operations full time, comprehensive and criminal The Bureau is comprised of graphs, and protect and relocate The Sex Crimes/Stalking Division in the DA s Office throughout the county. The DA is committed to attacking investigations and/or comparable nine units, each of which is managed witnesses. DAIs are also responsible is about much more than prosecution of sex crimes. the supply and demand side with proactive enforce- experience. by a lieutenant and at least one for extraditions. Besides a vigorous prosecution of rapists and child ment, which targets certain dealers and users. Officers They must also have completed supervising investigator. In summary, the DAI provides molesters, the office aggressively pursues sex offenders now have one centralized place to turn for consistent a P.O.S.T. accredited law enforcement Duties of a supervising inves- whatever investigative support that who fail to register. Prosecutors in this division work very advice, assistance and prosecution on any and all drug academy for PC peace officers. PAIs are sworn peace officers with tigator are similar to a sergeant in most departments. is necessary to obtain a successful prosecution. LEQ closely with local law enforcement agencies and the California Department of Justice to track these perpetrators. related investigations. If you have any questions, call us at (619) 531-DRUG. LEQ 16 Law Enforcement Quarterly 17

10 El Cajon Police Detectives Robert Anderson and Jon Wooddell were three-year-olds when the killings began in the summer of A teen-aged mother was brutally raped and murdered in her El Cajon apartment. Three weeks later, about a mile and a half away, an older couple was savagely attacked at home by an intruder in the night. The crimes were very unusual for the times, especially in the normally quiet bedroom community in San Diego s East County. Blood typing and finger prints were the most advanced forensic technology available to the El Cajon Police Department at the time. The use of DNA as it applies to solving crime would not be discovered for many years. So, as with many murders back in those days, the leads grew cold. Very cold. COLD CASE ASSIGNMENTS Fast-forward more than three decades. The crimes, still unsolved, were about to get another once-over by police. In 1997, the Investigations Lieutenant for El Cajon Police, Pat Sprecco, decided to dole out some of the department s older, unsolved crimes. His thinking was maybe they could apply today s new and always improving forensic technology to old evidence that had not been touched for decades. Each case was reviewed by other detectives. It would be another two years before the unsolved murders would end up with Detectives Anderson and Wooddell. In 1999 Wooddell, who was working crimes of violence at the time, was handed the file of Cheryl Burnett. The 19-year-old mother s last moments can only be described as horrific. The killer silently forced his way into the apartment as she slept. She was raped and strangled. Her nude body found sprawled partially across her bed. Stiffened legs kept her propped up from the floor. Later that morning, the victim s toddler son, who slept through the murder in a bedroom next door, was found wandering outside by a neighbor. Inside the apartment, his mother s body lay motionless. As Wooddell began working the Burnett case, Detective Anderson in domestic violence was assigned another unsolved murder. Only a few weeks after Cheryl Burnett s body was found, there had been another vicious attack. Louis Mercer, age 62, was bludgeoned to death as he fought for his life. His 52-year-old wife, Lola, was raped, beaten and left for dead. Both were found in their bedroom. Although police had leads, suspects and vigorously investigated both cases in the summer of 1965, they could not solve the crimes. The killer left no finger prints. Anderson and Wooddell s marching orders were to work on these cases when they could, in between their day-to-day assignments. While they began working each case separately, they had reason to believe that the two cases may be inextricably intertwined. Other detectives, who had unsuccessfully worked the cases, apparently had hunches of their own and actually stored the evidence of the two cases together. The handling of evidence back then was not like it is today. While individual pieces of evidence were bagged and tagged separately, some of them were mixed in with each other in the same box. There was no apparent chain of custody, just a heap of reports, photographs, correspondence and evidence crammed into boxes. Anderson and Wooddell got together with the help of another detective, HOW a Thermos Helped Capture a Killer By Paul Levikow Lola & Jack Mercer Cheryl Burnett Above left, officer handles evidence without gloves. Right, Burnett crime scene photos: check out the cigarette. Left, presumed entry point behind bushes.

11 home. The suspect escaped before police arrived. Based on the prior Del Cerro tip and witness information from the La Mesa crime, a man named Clyde Wilkerson was brought in for questioning. The young nurse made a positive identification. But Wilkerson adamantly denied any involvement in the Burnett and Mercer killings. Wilkerson was tried and convicted of the La Mesa attack. He was sentenced to five years to life. By 1973, Wilkerson was a free man living in Tulsa, Oklahoma. HISTORY LESSON THE HUNT BEGINS Realizing the advances of forensic sciences, Anderson began focusing on the DNA evidence left at the Mercer scene. He also began tracking down Wilkerson as a possible suspect. Anderson needed a sample of Wilkerson s DNA. The Mercers bodies were exhumed to get DNA samples for reference. Nothing was going to be easy. Wooddell set out to exonerate suspects in the Burnett homicide. For instance, a priest who had tutored the young woman in catechism, died in The priest was widely believed to have been the killer. He had been known to get drunk in the local bars and confess to the murder. In an effort to rule out the priest once and for all, Wooddell had the body exhumed from the Holy Cross Cemetery in San Diego. He got a DNA sample and eliminated the priest. DNA was also collected from Burnett s ex-boyfriend and former husband, but they too were ruled out. CAREER CRIMINAL Slowly but surely, one by one, the detectives eliminated the suspects until they were left with one remaining name: Clyde Wilkerson. Special Report: Cold Case Solved The evidence staring back at Anderson and Wilkerson s rap sheet Wooddell was a real study of the times. Everything shows a life of crime so was hand written or typed on typewriters. It was extensive, that when he obvious that the computer spell-checker had not yet was not serving time for been invented. Very little information on interviewees crimes, he was committing was included in the reports. Names like Bob and Bill them. And he had been were used instead of Robert or William. Information employed as a cross- that s routine in today s police protocol, such as dates country trucker. There of birth, social security numbers and driver s license was no telling how many Hand and typewritten reports were interchangeably used in These actual pages from the case include witness statements and detective meeting notes. numbers was excluded. Officer narratives were more frank, succinct and not so politically correct by today s standards. The words allegedly or accused were not used. The suspect either committed the crime or didn t. Reports were often victims he had spread throughout the United States. Anderson began to build a timeline of Walt Miller, poured everything onto a big table and began condensed, abbreviated and sometimes illegible. At the Wilkerson s crimes, sorting through the two cases. They arranged everything time of the killings, there was no crime lab in San Diego incarcerations, residences chronologically. County, so evidence had to be sent out of town and and jobs. It was complex, ANOTHER ATTACK A few weeks after the murders of Burnett and Mercer, processed by the Department of Justice lab. Crime scene photos revealed a whole different issue. They were black and white, of course. In some of the detailed and time a chance encounter brought a suspect to the attention shots, detectives are shown standing inside the Burnett of police. A teenager in Del Cerro saw a man coming out crime scene smoking a cigarette. In another photo, an of some bushes in a residential area. He asked what the officer is holding the pull cord for curtains to illustrate man was doing. The suspect lamely replied that he was from where the murder weapon was taken. Officers don t looking for his lighter. The young man didn t buy the smoke in the middle of crime scenes any more and they story, told his Dad, they copied the license plate number rarely pose for the camera. on the suspect s vehicle, a red Triumph, and called police. A 1965 TV news report of officers at the crime scenes A month later, in neighboring La Mesa, a similar man shows them collecting evidence without using gloves. was seen near a red Triumph outside the apartment of The footage is so old, that it was shot on film, way before a 23-year-old nurse. Shortly before dawn, the suspect made the advent of videotape and digital video. Today, the his move. He broke into the apartment and attempted thought of collecting evidence at a crime scene without to rape and kill the young woman. She managed to fight him off and dial O for the Operator. The 911 emergency line was not yet in service. In a chilling instant, the operator overheard the attack and sent police to the using latex gloves is enough to make any evidence technician cringe, rile the most poised prosecutor and cause an air-tight case to go south. Jon Wooddell in the evidence room. Photos of Wooddell Milton, & Lamborn by Tim Tadder 20 Law Enforcement Quarterly 21

12 Special Report: Cold Case Solved list. The career criminal had been questioned by detectives after the rapes and murders, but there was not enough physical evidence to tie him to the crime scenes. Without a confession, police were at a loss. and improved. Now, Wilkerson s DNA print proved, without a doubt, that he had been at both crime scenes. The frequency of occurrence for Caucasian males was estimated at one in 57 quadrillion. Times had definitely Special Report: Cold Case Solved changed. THE HIT With DNA profiles already obtained from the Wilkerson envelopes, Milton began processing the Burnett TRACKING A KILLER Once the team confirmed they had their man, they semen evidence taken from her bed sheet and the swabs had to go get him. By now Wilkerson was living in Benton, and vial in the thermos from the Mercer case. One Arkansas. The arrest and questioning were anti-climactic Saturday afternoon, Milton arrived at the lab to start the for Anderson and Wooddell, who were joined by FBI tedious task of comparing the samples. Before long she Special Agent Matt Brown, DA Investigator Steve Baker, got the shock of her life. Milton got a hit. Wilkerson was Deputy DA Dan Lamborn and Arkansas State Troopers the killer. in serving the warrant. They found Wilkerson in poor For Milton, the hit was a career milestone. The cases health and already past retirement age, but the one-man were 37 years old. She wasn t even alive when the crimes occurred. It is a moment that will always stick with her because of the age of the Connie Milton in the DNA lab evidence. DNA technology was in its infancy in It was light years consuming. Wilkerson s life of crime began when he was six years old, setting fires and mutilating animals. Many of his teen years were spent in Juvenile Hall, foster homes and the California Youth Authority. Anderson got the FBI involved in going to a former Wilkerson employer, a trucking company in Little Rock, Arkansas. It was there that the agent obtained Wilkerson s employment application and trucking route invoices. The special agent got an idea. They would get a hold of felt empty, Anderson sent the thermos to the FBI s lab in Quantico. The September 11, 2001 terrorist attacks kept the FBI from handling the evidence and, to Anderson s dismay, it was sent back. He turned to the San Diego County Sheriff s crime lab for help. Given an inventory of evidence collected from the Mercer case and the thermos, Criminalist Connie Milton set out to find some clues. Unfortunately, the reports she was reading indicated that not much forensic evidence away from being used in forensic investigations. The men who processed those crime scenes in El Cajon had no way of knowing how that evidence would be used so many years later. DNA has been used in criminal cases since the mid-1980s, but the technology continually changed envelopes sent in by Wilkerson to the trucking company was left behind. The method used in rape examinations where he worked. It was standard procedure for the back then is no longer even part of a sexual assault truckers to send in their invoices in sealed envelopes. Licked, sealed envelopes. That meant saliva, which meant DNA. response team exam. Milton pictured a doctor examining Lola Mercer in a hospital emergency room, dumping the coffee out of his thermos, and putting evidence in it. The Team (l to r): Dan Lamborn, Robert Anderson, Steve Baker, Jon Wooddell, Homer Earp, Matt Brown (Connie Milton not pictured). THE THERMOS While today s chain of custody protocols were not followed in the handling of evidence for the two cases, enough critical pieces were preserved to allow for 21st Century technology to steer detectives in the right direction. Case in point: A thermos was used to protect cotton swabs. Anderson, who was afraid to contaminate the evidence any further by opening the container, had no idea the contents would be so monumental. Even though it Milton opened the thermos. She was pleasantly surprised to find a glass vial with cotton swabs and another vial with dried residue in it. There was no left-over coffee. She prepped the slide. She found sperm. But whose sperm was it? She didn t have that answer. For all she knew, it may belong to Lola s husband, Louis. It wasn t until further testing was done that Milton was able to eliminate Louis as the source. Remarkably, after more than 30 years, DNA was extracted and typed. Now it was just a matter of matching it to someone. Clyde Wilkerson was on the top of the crime spree showed no signs of slowing down. He was operating a methamphetamine lab on his property at the time of his arrest. Anderson and Wooddell interrogated Wilkerson for more than five hours. They tried to determine what other crimes Wilkerson could be linked to through DNA. They wanted him to give them information about other unsolved cases. Wilkerson told the detectives he had no memory of choking the life out of Burnett or beating Mercer to death. 22 Law Enforcement Quarterly 23

13 Special Report: Cold Case Solved Furthermore, if he had committed those heinous crimes, Wilkerson said he would have remembered. Wilkerson told his interrogators that if he had done what the detectives claimed, he would be a real monster. If any other crimes in any other jurisdictions were going to be pinned on Wilkerson, detectives would have to solve them on their own. Wilkerson stopped talking. THE HUNT CONTINUES Anderson would not give up. He spent hour after hour researching unsolved murders and rapes around the country based on when Wilkerson was in those areas. Like any modern day detective, Anderson went hunting for clues in cyberspace. With the help of the Anderson, who believed Wilkerson was indeed capable of such despicable acts, convinced Tulsa Police to allow lab tech Milton to compare Wilkerson s DNA markers with those found at the Martin scene. They matched. Wilkerson officially fit the profile of a serial killer. It took Anderson three and a half years, with the GUILTY In February 2003, Deputy DA Lamborn handled the prosecution of serial killer Clyde Wilkerson in El Cajon s Superior Court. Faced with overwhelming DNA evidence, Wilkerson pleaded guilty to the Mercer attack, almost 40 years after the fact. The Burnett murder and rape charges were dismissed because they would not have added any more time to his incarceration. Sentencing guidelines offer another example of how much times have changed in the criminal justice system. Under the laws of 1965, Wilkerson could only be sentenced to seven years-to-life in prison. Because of his travels throughout the United States, Wilkerson s DNA has been entered into CODIS, the Special Report: Cold Case Solved Internet, another tool that was not available decades ago, Anderson got lucky. In December 2002, Anderson was at home on his computer. He decided to use a search engine with keywords like unsolved homicides and unsolved rapes. He began focusing on Tulsa, Oklahoma, where Wilkerson lived for two years after he was paroled in 1973 for the attempted murder and attempted rape of the young nurse in La Mesa. Anderson got four hits on the Tulsa Police website, where cold case homicides were listed with a short synopsis of each case. While the cases seemed to fit within the Wilkerson timeline, three of the cases were quickly ruled out. But the fourth had similar signs of Wilkerson s M.O. and it actually happened in his neighborhood. By now Anderson was getting use to dealing with frustration. It took eight phone calls for Tulsa detectives to return one call. He kept at them. He had to convince them Wilkerson might be good for the crime. The victim was a 28-year-old junior college student who was kidnapped from campus, raped and brutally murdered in Geraldine Martin s body was found in an abandoned building that was undergoing renovation not far from where Wilkerson was living at the time. The victim suffered such horrendous sexual mutilation, Tulsa detectives thought the act might be the signature of one of the most notorious serial killers, who was still on the loose at the time. But DNA would rule out Ted Bundy. Wilkerson in 2003 help of many others in law enforcement along the way, to finally connect the dots. Whether Wilkerson is good for any other murders is a fair wager. Ask anyone involved in the Wilkerson investigation and they ll say he s probably guilty of a third San Diego murder. In the summer of 1965, graduate student William Dowd was beaten to death with a golf club in his Del Mar Heights apartment. San Diego Police have reopened that case with Wilkerson as the prime suspect. Besides the fact that Wilkerson was still in the area, there is a similar level of brutality that was inflicted upon the victim. Dowd, just like Louis Mercer, was beaten to a bloody mess. Unfortunately, there s not yet enough evidence to tie Wilkerson to the crime beyond a reasonable doubt. Wooddell and Anderson accept the Officer of the Year plaque at the Department Awards Ceremony. Combined DNA Index System, a national database. It is one of the last attempts to help other law enforcement solve any other crimes he may have committed. So far, no hits have come back, but Wilkerson s days in court are not over. Wilkerson lives at the Donovan State Prison on Otay Mesa for now. He s awaiting trial for the Martin murder in Tulsa, facing life without parole. Any future crimes committed by this serial killer will be limited to within prison walls, where he will die. LEQ Deputy DA Dan Lamborn is a 21- year veteran of the San Diego District Attorney s Office and chief of the Superior Court Division. He was assistant chief of the El Cajon Branch when assigned the Wilkerson case. Lamborn and DAI Steve Baker teamed up to put the case together from a prosecution standpoint, reestablishing chain of custody for exhibits and re-interviewing witnesses to prepare for trial. They were on the case for eight months. While Lamborn was on the case to provide legal advice along the way, Baker provided more manpower and interviewed witnesses who would be critical to the prosecution. DA paralegal Irma Slingerland was instrumental in retrieving old death certificates and tracking down witnesses who were long gone. Lamborn established the guidelines to which Wilkerson would plead guilty shortly before the preliminary hearing, insisting on a Harvey waiver which allowed the judge to consider all charges at sentencing. This guy is as bad as anybody I ve ever seen. Lamborn said. He s evil. 24 Law Enforcement Quarterly 25

14 POINTS OF LAW Robert C. Phillips ance with these requirements is followed, is the subsequent entry of a trained police dog constitutes a Fourth Amendment issue, the constitute an excessive use of force. Therefore, because the use of a lawful. question becomes one of how much police dog to stop a fleeing suspect A failure to follow these rules force is appropriate in any given is not considered to be deadly force, 2003 Search & Seizure Law Review; Or Would Andy Sipowitz Have Stood For This? NYPD Blue. Law and Order. CSI. Cops. With such a wide variety of television cop and lawyer shows, surround-sound entertainment centers (they re not just television sets any more), we d all have PhDs consider what The Courts, as opposed to some Hollywood producers, are saying about some of the more important legal issues we deal with on a daily basis. So, at the risk of offending all you NYPD Blue, Andy Sipowitz fans, and deflating your expectations as we move from the drama and excitement of the silver screen s perceptions of what they would like the law to be, here s a quick review of what the courts have told us in the last year that the law is in reality. may, if aggravated enough, be a violation of the Fourth Amendment resulting in evidence being suppressed. The most recently debated knock and notice issue is whether a homeowner who is not home at the time may contest a knock and notice violation. At least one appellate court has previously determined that an absent homeowner may assert standing to challenge a knock and notice violation in that the defendant still had a privacy interest in his residence and an interest in protecting any family circumstance. How about when the police dog pretty much chews a fleeing suspect s arm off before the officer, still trying to insure the safety of everyone on the scene, calls the dog off? On this issue, the federal Ninth Circuit Court of Appeal noted that deadly force, when discussing the use of a dog, is legally defined as force reasonably likely to kill. The lesser force likely to cause great bodily injury, which is included in the more traditional definition of deadly force, is not enough. The police have a lot more flexibility in determining when the use of a dog Illustration by p.theo who needs formal training any more? Oh, if only we could accrue college units, a P.O.S.T. certificate, or MCLE credits for the hours we put into our wide-screen, HDTV, multi-speaker, in criminal justice and never-ending pay raises at work. But, alas, life is not so simple. Not only does television do a poor job at keeping us all abreast of the law, it tends to mislead and confuse many of us in the process. We need to Fourth Amendment Search and Seizure Issues Contrary to what is consistently depicted on television, the legal concept of knock and notice is alive and well. The idea that police, upon entering a residence or the private areas of a business, must first provide the occupants with a reasonable opportunity to peaceably allow officers inside, has traditionally met resistance to one degree or another from law enforcement. Perhaps hoping that if consistently ignored, it might someday go away, it has proven to be necessary to constantly retrain and remind officers that when serving search or arrest warrants, or at any time upon making what otherwise is a lawful entry into a residence or the nonpublic areas of a business, the officers must first knock, identify themselves, state their purpose and demand entry. Only when such a procedure, or one that is in substantial compli- members who may be home. However, a contrary decision was published late last year holding that unless there is some destruction of the defendant s own property (such as by a forced, violent entry), an absent defendant does not have any standing to contest a knock and notice violation. Thus, when evidence is recovered that tends to connect him to criminal activity, whether or not the officers complied with the knock and notice rules are irrelevant. The use of police dogs in law enforcement once more got the blessing of the appellate courts. Recognizing that seizing someone through the use mere remote possibility that death may result is not enough, when talking about the use of a dog, to is appropriate. Even the use of a dog to stop a suspect who is not considered to be dangerous himself is 26 Law Enforcement Quarterly 27

15 Points Of Law lawful, at least when necessary under the circumstances. felon, could not reasonably be broken off. Shooting at such a suspect, at decided that evidence indicating that a particular person is selling drugs to as stale. A recent case decision helped draw a line for us, finding less than probable cause. With case law and statutes indicating that no we see on television, is the nonconsensual taking of an uncooperative Points Of Law So knowing that we can sic our least when the only thing making is not sufficient evidence by itself to that somewhere around four weeks more than a reason to believe that witness or suspect to the police station dog on a fleeing suspect, whether or the person a dangerous fleeing felon is believe that a business he happens is the extent the courts are willing their suspect was in the girlfriend s for questioning. not that suspect may be dangerous, the chase itself, will be tough to to frequent, but for which he is to go. house was required, the officers felt Andy Sipowitz and his NYPD brings us to the next issue: Can we justify in light of this case decision. neither an employee nor an owner, In other words, information to they had enough and forced entry cohorts do it on a regular basis: Oh shoot at that same person? The Switching our Fourth Amend- might contain contraband. Absent the effect that a particular person to look for him. He was in fact found yeah, you don t want to cooperate, simple answer is no, unless that ment gears here, we need to consider evidence that he is actually selling is selling narcotics from a particular and evidence was recovered. huh? Well then we can just discuss person is considered to be a danger- what constitutes probable cause to his wares out of that business, a place, but when such information However, the defendant s con- this down at the house. Police ous felon. And even then, it really believe that narcotics-related contra- search warrant for that business will is itself more than four weeks old, viction was reversed based upon The officers today have watched Sipowitz depends upon the circumstances. band may be found in a particular not be upheld unless there is some may not be used to justify the Court s interpretation of the phrase; get away with this very effective The rule has been around for place, thus allowing for the obtaining other articulable reason to believe issuance of a warrant for that place. reason to believe. Much to many interrogation technique so often some time that a police officer may of a search warrant. the seller stores his stash at that It is too stale. Absent other evidence people s surprise, The Court held that they are beginning to believe it not constitutionally shoot at a non- For instance, it has long been location. to support a finding that he has that this phrase requires a showing is lawful. The problem is, it is not, at So knowing that we can sic our dog on a fleeing suspect, whether or not that suspect may be dangerous, brings us to the next issue: Can we shoot at that same person? The simple answer is no, unless that person is considered to be a dangerous felon. And even then, it really depends upon the circumstances. Andy Sipowitz and his NYPD cohorts do it on a regular basis: Oh yeah, you don t want to cooperate, huh? Well then we can just discuss this down at the house. dangerous fleeing felon. To do so is the rule that catching a person on If an officer can t catch the continued to sell from there, an of full-blown probable cause to believe least absent probable cause to arrest a Fourth Amendment unconstitu- the street selling drugs, or in posses- narcotics dealer out on the street officer will be unable to get a search their suspect was there at the time. the subject. tional seizure of the most serious kind. sion of contraband in a manner or selling the stuff, he can always take warrant. As misleading as the reason to The non-consensual transpor- Extrapolating from this rule, and in sufficient quantity to demonstrate a look at the subject s trash can, at But what happens when a police believe language might be,the Court s tation of any person, whether that recognizing that firearms do kill and an intent to sell the drugs, constitutes least after it s placed out on the street officer has an arrest warrant for a conclusion is consistent with what person is the suspect or merely a therefore are inherently dangerous probable cause to believe that he has for collection. Finding freshly cut particular person? The legal standard the rule under California state witness, as a general rule, constitutes instruments in and of themselves, more such contraband in his resi- marijuana stems and leaves in a for entering a residence to execute authority has been for more than an arrest. Absent probable cause to the Ninth Circuit Court of Appeal dence, and will therefore support person s trash can has been held to the arrest warrant was discussed by 25 years. It is also consistent with arrest, such transportation is a recently held that shooting at a the issuance of a search warrant for provide a police officer with the the Ninth Circuit Court of Appeal in the long-standing rule that to execute violation of the Fourth Amendment, suspect in an actual or potential that residence. required probable cause to obtain a the last year. an arrest warrant in a third-party s subjecting any resulting evidence to high-speed chase situation, at least But then in 2002 it was held that search warrant for the subject s In this case, San Diego police house, a search warrant for that suppression and the officer to civil when the option of just breaking off catching that same person with a residence. officers had some reason to believe house, which always requires a liability. the chase exists, is excessive force smaller, personal-use amount of As to a search warrant itself, at that a defendant was shacking up showing of probable cause, is needed. If there was any real doubt in and not constitutionally permissible. drugs, with no evidence to support least when dealing with evidence of with his girlfriend at her house. The Also, this probable cause requirement anyone s mind on this issue, the In practice, it would seem that a reasonable belief that he might be dealing in narcotics, it often becomes validity of that information was apparently applies whether the United States Supreme Court put a police officer would be hard-pressed selling it, has been held not to be a question as to at what point in somewhat in question. But suffice it house entered is the defendant s or it to rest in a recent case where a to argue that any high-speed chase, enough evidence to justify the time the information that constitutes to say, as the court determined, the someone else s home. 17-year-old murder suspect was unless maybe the suspect was already issuance of a warrant for his house. the necessary probable cause is too amount of information in the officers Another problem that occurs on rousted out of bed at 3:00 in the known to be a dangerous fleeing And now most recently, it was old to use, or becomes what is referred possession constituted something a regular basis, aggravated by what morning and told he was coming 28 Law Enforcement Quarterly 29

16 Points Of Law down to the police station to answer questions. He subsequently confessed. is a smoker, and that his wife doesn t like that stale odor of cigarette butts law as the legal basis for a traffic stop. the issue is the admissibility of the resulting confession in a criminal under these circumstances, however, may not legally be necessary. remembered that it is, for the most part, fantasy. Police and prosecution Points Of Law His statements, however, were when she has to ride with him. But case. For instance, the Ninth Circuit shows, even those that purport to suppressed because the officers did it is not a violation of V.C (a)(1), Fifth Amendment Self- Taking advantage of a criminal recently reiterated a long-standing, be actual depictions of the enforce- not have the necessary probable in that it is not affixed to the Incrimination Issues suspect s low intelligence, ignoring but seldom considered rule that says ment of the law as it occurs, do not cause to arrest him up until after windshield, as the section requires. his attempt to invoke while threat- that when an in-custody suspect asks guarantee correctness. they took him to the police station Also, it is not a violation of V.C. Of recent concern with a number ening him with dire consequences for an attorney, his request, to be California is unique in the level and he began to talk (b) (obstructing the view of of appellate courts is the legal effect and promising him leniency if he legally effective, must be unambigu- of training it provides and the profes- Traffic stops an event occurring the driver), at least in light of an of ignoring an in-custody suspect s cooperates, constitutes a Fourteenth ous and unequivocal. sionalism it expects from police and any number of times in any patrol expert s uncontested opinion that attempts to invoke his rights under Amendment due process violation In this case, for instance, the prosecutors. officer s day are always a matter the cardboard tree blocks no more Miranda. On this issue, the United sufficient to negate his later Miranda suspect told his interrogators: I Using anything from a Hollywood of concern. than.05 percent of the total viewing States Supreme Court surprised a lot waiver and confession. think I would like to talk to a lawyer. sound studio, or even from actual During this last year, a California area of the car s front windshield. of people by finding that the mere In the California Supreme Court The Court found that such language events allegedly occurring in other appellate court was faced with the Neither of these sections, therefore, ignoring of a suspect s attempt to case, whether or not such a police did not constitute a legally effective geographical jurisdictions, as a The United States Supreme Court surprised a lot of people by finding that the mere ignoring of a suspect s attempt to invoke his rights pursuant to Miranda is not a violation of the Fifth Amendment right against self-incrimination. Television is for many a very effective and cheap method of relaxation. But it must also be remembered that it is, for the most part, fantasy. Police and prosecution shows, even those that purport to be actual depictions of the enforcement of the law as it occurs, do not guarantee correctness. issue of the legality of one of those constituted lawful cause to effect a invoke his rights pursuant to Miranda interrogation tactic actually shocks invocation. The officers could lawfully guide on how to conduct oneself in tree-shaped air fresheners hanging traffic stop. is not a violation of the Fifth Amend- the conscience was not discussed, ignore such a comment and continue this state, is a serious mistake. To use from the inside rearview mirror, as As for the missing license plate, ment right against self-incrimination. The Court noting that such a rule the questioning in that he had indi- television as an alternative to contin- well as the applicability of Veh. Code, the defendant s car happened to be The Fifth Amendment, per The Court, applies only to the question of the cated that he was merely thinking ual, and correct, training, is to invite 5200 when the front license plate registered in Arizona, a state that is not violated until some attempt is officer s civil liability, and not the about it. at the minimum a certain level of is missing but the car is registered provides only one plate. The arresting made to later use the products of question of the admissibility of the California cases are consistent. embarrassment, and at the worst a in another state. In the case at issue, officer was unaware of this Arizona that interrogation in court. suspect s statements in a criminal For instance, the California Supreme legal disaster. the stop of the vehicle, which even- policy. The Supreme Court did note, case. Court found this last year that the There can be no substitute to tually led to the discovery of some California law requires both however, that although maybe not This double standard for finding defendant s comment: Maybe I should staying current on California s case illegal contraband, was based upon plates to be attached at the appro- a Fifth Amendment violation, such a due process violation was not dealt have an attorney was too ambiguous law, while keeping an eye on federal the officer s belief that the defendant priate locations on the car only when a tactic, at least when it involves with in any detail, and remains a to be an invocation. The continued cases that affect the way we do was in violation of the law on either two plates are issued. The Court held something done that shocks the mystery subject to resolution in some questioning of the suspect was held business here. LEQ or both of these two rules. here that the officer s mistake of law conscience, might be a Fourteenth future holding. to be proper and not a violation of As to the air freshener, the on the rule in Arizona, albeit reason- Amendment, due process violation. Sometimes a suspect undergoing Miranda. Robert C. Phillips, a former police officer, is a appellate court found that hanging able, did not make the stop legal. A Meanwhile, in a different context, interrogation says something to the Deputy District Attorney and liaison to the one of these annoying little things police officer is held to the impossible the California Supreme Court used effect that he wants a lawyer, typically Conclusion Sheriff s Office and the Carlsbad, Escondido, from a rearview mirror has no more standard of knowing what the law a much lower standard for a violation causing the officers to stop the inter- Television is for many a very El Cajon, La Mesa and Oceanside police significance than to signal to anyone is on issues such as this if he expects of a subject s Fourteenth Amendment rogation as they have been taught effective and cheap method of departments. who might care that the car s driver to use an alleged violation of this due process rights, at least when to do. Terminating an interrogation relaxation. But it must also be 30 Law Enforcement Quarterly 31

17 COMMENDATION OF THE QUARTER SAN DIEGO COUNTY DISTRICT ATTORNEY MISSION STATEMENT By M. Margaret Neil The employees of the San Diego County District Attorney, in partnership with the Community we serve, are dedicated to the pursuit of truth, justice and protection of the innocent, and the prevention of crime through Pursuing A Predator the vigorous and professional prosecution of those who violate the law. For eight years, San Diego Police Sergeant Bill Holmes carried the photos of 13-year-old Charlie Keever and 9- OUR VALUES year-old Jonathan Sellers in his shirt pocket. He showed the photos to countless suspects, witnesses, and anyone Holmes sat next to the prosecutor throughout Erskine s Ethics We hold ourselves to the highest standard of integrity and personal and professional conduct. who may have noticed the boys on the day they disappeared. They were last seen on a Saturday afternoon in March of 1993, riding their bicycles near the bank of the Otay River. The following Monday morning, their bodies trial, and the mothers of the slain boys attended almost every court hearing. Maria Keever, who had talked to Holmes every day for eight years, said, He never put me aside, and followed every lead that I gave him. He Respect We treat each other and all members were found. They had been bound, gagged, molested was patient with me, especially on the days when I was of the public with dignity and respect. and strangled. giving up. He gave me hope and he was my friend as Accountability We accept a shared responsibility for ensuring sound fiscal management, operational efficiency and continuous improvement. After the scene was processed, the San Diego Police Crime Lab obtained a preliminary DNA type, which they used to eliminate many potential suspects. But it wasn t good enough to positively identify the killer. much as he could be. He is special. Holmes began his law enforcement career in 1974, never intending to stick with it for as long as he has. I grew to love the job and the people and can t think Support for Victims We will show compassion Holmes worked the case full time for the next six of anything I would have rather done for a living, he said. and understanding to the victims of crime and months. Then his team went back in rotation, catching He was a founding member of the Narcotics Street Team their families. new cases, but continuing to work this one. He met and was promoted to Sergeant in No stranger to Diversity We are committed to diversity and recognize the significant and valuable contributions to our Mission from our employees and the community we serve. periodically with Annette Peer, a criminalist with the crime lab, who had been on the case almost from the beginning. Over the years we took DNA samples from hundreds of people, Holmes said. He and his team traveled all high profile cases, Holmes was the lead detective on the Danielle van Dam murder case. He s philosophical about how much more difficult publicity can make his job, saying, The press can be our best friends and our worst enemies. Teamwork We are committed to teamwork over the country following leads, including several trips Valerie Summers, the Deputy District Attorney who in achieving our mission and acknowledge that, to Mexico. There, they even exhumed the body of a child prosecuted Erskine, said of Holmes: "He's a fabulous as employees of the District Attorney, we are molester to retrieve a DNA sample. investigator. He left no stone unturned. I haven't seen also members of the San Diego County team Finally, in 2001, a breakthrough in the case came this kind of dedication to a case, ever." and embrace its motto, the noblest motive is with a new, more efficient method of retrieving cells Scott Erskine was convicted of two counts of first- the public good. from swabs, which utilizes detergent-type liquid rather degree murder and special circumstance allegations of Photo by Paul Levikow Community Partnership We advocate and support the building of strong and viable partnerships with law enforcement, all members of the criminal justice system and the community we serve for the purpose of achieving the highest level of public safety for our citizens. Communication We will be open and forthright in our communications with each other and all those with whom we come in contact. than plain water. Peer was able to extract enough cells to use current, more advanced technology to type the sample for DNA. Holmes sent her a list of the first 75 people to run comparisons on, including 40-year-old Scott Erskine, but a concurrent search of the California DNA database of violent and sexual offenders hit on Erskine first. Unable to describe his feelings upon hearing of the hit, Holmes said, I was in Reno, Nevada at the California Homicide Investigators Conference when I got the call. I will never forget the drive home! molestation, torture and multiple murders. But the same jury could not agree on which sentence is more appropriate for Erskine, life in prison without parole or execution. A mistrial was declared in the penalty phase. He faces retrial. I wasn t surprised when the guilt verdict came back, said Holmes. The evidence was overwhelming. For his determined contribution to the 10-year pursuit and eventual capture of a vicious sexual predator, San Diego Police Sergeant Bill Holmes is awarded the LEQ Commendation of the Quarter. LEQ Photo by Tim Tadder 32 Law Enforcement Quarterly 33

18 New Chiefs Around The County Before coming to San Diego, Chief Kelepecz served as a lieutenant and detective with the Los Angeles Police PROFILE IN LAW ENFORCEMENT by Reza Torkzadeh Glen Wagner, Department. Chief Kelepecz has received numerous Chief Medical Examiner awards and commendations and holds a Juris Doctor Dr. Glen Wagner took over degree and is licensed to practice law in California. Chief as San Diego County s Chief Medical Examiner on July 17, Among his extraordinary accomplishments, Dr. Wagner Kelepecz says she is here to achieve greatness. I came to the Harbor Police Department believing it is an agency poised for greatness. I plan to help prepare this agency and our partners for a future that I hope never comes to There s A New Chief in Town New San Diego Police Chief Bill Lansdowne is here to make changes. is a retired Navy captain and director of the Armed Forces Institute of Pathology in Washington, D.C. Dr. Wagner and his team of coroners investigate and determine the cause of death in all homicides, suicides, accidental deaths, sudden unexpected deaths, and deaths due to apparent natural causes in which the decedent was not seen by a physician within 20 days prior to death or in which the physician cannot determine the cause of death.the office is also responsible for taking possession of the body and its personal effects, notifying the next of kin, and coordinating with other agencies having jurisdiction and/or interest in the case. The Medical Examiner s Office occupies a unique position in both public health and public safety. Dr. Wager hopes to establish a regional Forensics Institute which will include a training academy for prospective death investigators as well as forensic scientists (pathologists, toxicologists, anthropologists and dentists). When asked where he saw himself in 10 years, Dr. Wagner replied alive and well in San Diego county, maybe even still the Chief Medical Examiner. Betty Kelepecz, Harbor Police Chief On August 25, 2003, Betty Kelepecz was sworn in as Chief of Harbor Police for the Port of San Diego. The San Diego Harbor Police Department is the law enforcement authority for the San Diego Unified Port District. It is the law enforcement presence in San Diego Bay, the San Diego International Airport and on all tidelands around the bay. Its jurisdiction extends through the five member cities of the Port District, which include San Diego, Chula Vista, Coronado, Imperial Beach, and National City. pass. Tom Zoll, Carlsbad Police Chief After 31 years with the San Diego County Sheriff s Department, Tom Zoll took over the reigns at Carlsbad PD in October Zoll commands 107 officers in a 148-employee department with an $18 million annual budget. He replaced the retired Jim Hawks. Chief Zoll is a native San Diegan with a bachelor s degree in public administration and a master s in organizational management. He graduated from the FBI National Academy, the Senior Management Institute for Police and LEAD San Diego. He will continue Carlsbad Police Department s proactive commitment to community policing. The most important element of community policing is trust, Zoll said. Vincent J. Iaria, Chief Probation Officer Vincent Iaria took the helm as San Diego County s Chief Probation Officer in December 2003, replacing the retired Alan Crogan. He comes to San Diego after 12 years as the Director of the Suffolk County, New York Probation Department. He was chosen from among 20 candidates in a nationwide search. Iaria oversees more than 1,500 employees with an annual budget surpassing $146 million. Iaria was recognized in New York for working with other public agencies, maximizing resources through grants and creating programs to reduce truancy and drunken driving. LEQ Amidst budget cuts and increasing problems in the city of San Diego, the new police chief promises change. On August 4, 2003, Chief William Lansdowne was sworn in as San Diego s 35th Chief of Police. Prior to coming to San Diego, Lansdowne was the Chief of Police in San Jose where he implemented many programs to increase department efficiency and accountability. Under Chief Lansdowne s direction and leadership, the San Jose Police Department has been recognized as one of the nation s safest cities. Now here in San Diego, Chief Lansdowne has vowed to change the department by opening up his office to the citizens of San Diego, putting more police on the streets and to continue to lead by example. Faced with the ominous lack of funding to provide for training, equipment and personnel, Chief Lansdowne is confident and poised to continue to implement the adjustments needed to making the San Diego Police Department the best in the nation. What changes have been made to the department since you took over as Chief? I am streamlining the organization to make it more efficient and responsive to changing crime trends and demand for services. The greatest challenge here for a Chief of Police is to find the money for enhancements and growth. This department has been clearly under funded for a long time. The Department and the City need to invest in training, equipment, and personnel. The population and crime rate are going to continue to grow and we need to grow with it. Can you tell us the importance of community policing and why you are such a firm believer that the community plays such an active role? The Community reports 80 percent of all crime. In order for the Department to be effective, we need to maintain and improve our relationship with the community to enhance our reporting of crime and prevention of the causes of crime. We need to be accepted as part of the community in order to accomplish this task and to be successful in the future. Are there any crimes unique to San Diego? The criminal events that I have been surprised with are the extraordinary number of intoxicated people at special events. I have also been impressed with the skill and courage the officers display in handling these events. What do you consider to be the greatest challenge of your career? This job in San Diego, with the budget and staffing needs is clearly my biggest challenge. I know how to do it but it will take time. This is the job that I have prepared for my whole career. I am going to rebuild this department. I am going to find the money, training and staffing to make this the best department in the Nation. It is not a boast. It will happen. Some say you arrive in the office at 5:30 am, is this true? I have learned that a police chief needs to set the example of hard work and true commitment to public safety. It is the very reason why I do get here at 5:30 am, to brief with the lieutenants and occasionally ride in a marked patrol car. It is a hands-on form of management that I have found to be vital if you are going to manage such a large and complex organization as this. LEQ 34 Law Enforcement Quarterly 35

19 DNA specialist Connie Milton holds the electropherogram of Clyde Wilkerson s DNA profile. The DNA was obtained from envelope flaps licked by Wilkerson at a previous job. Office of the District Attorney County of San Diego 330 West Broadway, Suite 1300 San Diego, California PRSRT STD U.S. POSTAGE PAID San Diego, CA Permit #1

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