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MCSO Sex Crimes IA Case Summary

MCSO Sex Crimes IA Case Summary

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Published by ray stern
MCSO Sex Crimes IA Case Summary
MCSO Sex Crimes IA Case Summary

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Published by: ray stern on Feb 20, 2013
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MARICOPA COUNTY SHERIFF’S OFFICEInternal Affairs DivisionCase SummaryIA # 08-0080________________________________________________________________________
CASE SUMMARY
This case involves both allegations made by the City of El Mirage against theMCSO Special Victim’s Unit (SVU), during the period that MCSO had a contract to provide law enforcement to the city (between October 2005 and October 2007), as well asallegations made by the 2008 SVU Audit members who not only audited all SVU casesgenerated from January 1
st
, 2005 until approximately July 1
st
, 2008, but also conductedinventories of SVU offices as a result of evidence found which had not been properlyimpounded.As cases were being turned back over to El Mirage P.D. detectives at the end of the contract with MCSO, the City of El Mirage alleged that several sex crimes cases werenot worked properly by the SVU. It was at first decided that all sex crimes cases whichhad been handed over to El Mirage P.D. at the end of the contract would be audited for  proper investigative actions. After finding that investigative actions were indeed lacking insome sex crimes cases, MCSO staff looked into all sex crimes cases generated out of theCity of El Mirage worked by the MCSO SVU and determined initially, that approximatelyforty seven (47) cases required investigative actions (that number has eventually beenreduced to 37).After finding so many cases lacking in investigative actions, it was decided by theMCSO General Investigation Division (GID) Command Staff to perform a complete auditof all sex crimes cases assigned to the SVU from January 1
st
, 2005 thru July 1
st
, 2008.Those sex crimes cases within that time period which were still “Open” or had beencleared either “Exceptionally” or “Inactive”, would be either re-examined or re-openedand assigned an investigator. It was the job of each investigator to determine not only if  proper investigative actions had been taken with each case, but also, if investigativeactions were lacking, what they were. This audit of the SVU began in March of 2008 andcontinued until February of 2009. The audit was extensive in reviewing, in part, thefollowing areas1)All SVU sex crimes cases generated out of the City of El Mirage
2)
All Maricopa County SVU sex crimes cases generated from January 1
st
, _______________________________________________________________________  _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K.Holmes#S0982Typed by: #S1122
1
 
MARICOPA COUNTY SHERIFF’S OFFICEInternal Affairs DivisionCase SummaryIA # 08-0080________________________________________________________________________
2005 until July 1
st
, 2008.3)Listing all sex crimes cases reported in MCSO’s CAD system4)Listing all sex crimes cases reported in MCSO’s RMS system5)Detailing the numbers of cases assigned to the SVU by year 6)Detailing the average number of cases generated by month7)Detailing the average number of cases assigned to each SVU detective
8)
Detailing the investigative actions lacking in those SVU cases “Case byCase” (The total number of cases examined/re-opened wasapproximately 508)9)Identifying evidence which was not impounded properly per MCSOPolicy.This Internal Affairs Investigation has taken the preceding data and further organized it to give a more complete picture of the SVU during the period coveringJanuary 1
st
, 2005, until July 1
st
, 2008. Those steps included, in part, organizing that data bythe following three (3) areas which were identified through this investigation as the primary issues facing the SVU during that period:
1)
Identifying those SVU detectives most responsible for clearing casesinappropriately when, according to the SVU audit, there wereinvestigative actions still to be conducted. (This investigation further identified those cases generated out of the City of El Mirage vs. thosegenerated out of the Maricopa County Sheriff’s Office jurisdictional beats.)
2)
Detailing the problems with both the SVU Detective Sergeant’s CaseTracking system, and the supervision over the SVU investigations.
3)
Detailing the problems with how evidence was improperly stored bySVU Detectives. _______________________________________________________________________  _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K.Holmes#S0982Typed by: #S1122
2
 
MARICOPA COUNTY SHERIFF’S OFFICEInternal Affairs DivisionCase SummaryIA # 08-0080________________________________________________________________________
SCOPE OF THE INVESTIGATION
This case had originally been assigned to Internal Affairs for investigation on November 28
th
, 2007, and was worked, in part, by Sgt Brandon Luth #1375, before beingturned over to Lt Bruce Tucker #975 on May 12
th
, 2008. Lt Tucker investigated the casefor approximately 13 months, until he was directed by Chief Deputy David Hendershott to put the case on “hold”. The case was later re-opened on January 3
rd
, 2011 and assigned toSgt Brad Licking #1122 for completion.At the time the case was re-opened and assigned to Sgt Licking, it consisted of approximately 31 volumes of data composed by Lt Tucker and the MCSO members whoconducted the SVU Audit. It should be noted that this Internal Affairs Investigation is notan assessment of the results of the SVU audit. It is instead, the overall findings of policyviolations found from both, (1) interviews conducted and information collected after theinvestigation was re-opened, as well as, (2) the information extracted from both the previous investigation conducted by Lt Tucker, as well as the information documented inthe SVU audit. 
Internal Affairs Investigation
On January 3
rd
, 2011, this case was assigned to this investigator through the chainof command in order to complete the investigation into this matter. Throughout theinvestigation, I reviewed the volumes of data provided by Lt Tucker (Volumes 10 through25, & 34), as well as those provided by Sgt Lugo which detailed the “2008 SVU CaseAudit” (Volumes 26 through 33, & 35 through 39). The data taken from those volumes(some of which has since been combined for ease of reference), as well as information Iobtained from interviews with the following personnel, provided the basis for thisinvestigation: (Capt Steve Whitney #611, Lt Fred McCann #976, Lt Henry Brandimarte#833, Lt Kim Seagraves #1018, Sgt Greg Lugo #1480, Sgt Craig Lewis #804, DeputyRoy Rojas #871, Detective Jon Felbab #1142, Deputy Eric Haarala #1157, Former MCSOCapt Penny Babb, Former MCSO Capt Brian Beamish, and Former MCSO Lt Kevin _______________________________________________________________________  _ Investigator: Sgt. B. Licking #1122 Reviewer: Capt. K.Holmes#S0982Typed by: #S1122
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