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California Judicial Investigations Bureau of Security & Investigative Services No. 24115 CAllI Case No. CS00254-01 ConfidentiulAttorney-Client Work Product

August 3, 2011

Ms. Anita Grant Lake County Counsel 255, North Forbes Street Lakeport, CA 95453

RE:

LAKE COUNTY INVESTIGATION

Dear Ms. Grant: On June 1, 2011, our office"~;;~~tained to COndl\c.~" ,,'Ird party investigation into allegations of conduct as it/~I~~~d to several highl>''4?~O''1cizedmatters involving Sheriff Frank Rivero, the Lake,C'®J~H11y Sheriff's Departrrrent, the Clearlake Police Department, and the Lake ~CQ~rltY' DistricfAttorney,:~:'e1fice. ,

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The investis ors we~'e,.giMenwid·e~.ra.tlfudetQ~.co,/1lduct complete and impartial a investigation o.t~ih: egaitiQns'?' The rii~es"figatio\f>l.J,n21·uded review of police documents, tr~nscripts, c:6~~te~~T~",ni\~ed 9:i~a"tch re tCAD) , police rep?rts, interviews with wltness~. ?(C.' c~e see ;xamll;J3if()mS and~\ ........ of relevant policies and procedures iew of the '. Y'®i~ed a ie's. . V ...,.,''!;::\''

" JiJl@ the i Lake "'inty S ) t, the Lakeport Police Department, the Lake County District tto ' doth ripheral witnesses connected to the events. The Clearlake Police Dep nt did.', articipate in the investigation process on the advice of their legal counsel. A 'I>l~e interviews were requested from the Clearlake Police Department, a c l$lal investigation was undertaken by the Lake County District Attorney's Office. onversations were held with Chief Clausen by Investigator Soldis. On Advice of counsel, Chief Clausen declined to provide a formal statement concerning relevant events that occurred in Clearlake. The Chief stated that he did not want to compromise any ongoing investigations.

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CONFIDENTIALITY NOTICE: The contents of this report are confidential and protected pursuant to the "Attorney-Clienl" privilege. No portion of this report shalt be reviewed. copied, duplicated. saved, electronically stored. forwarded or otherwise transmitted to any third party without the express written permission of County Counsel, County of Lake

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INVESTIGA TORS Randy Seymour: Investigator & Law Enforcement Training Consultant

Mr. Randy Seymour is a retired Detective Sergeant who served twenty-six years with the Los Angeles County Sheriff's Department. During Mr. Seymour's distinguished law enforcement career, he served the Sheriff's Corrections Division, Patrol Division, Uniformed Street Gangs Patrol, Patrol Training Officer, Street Gangs Detective (Operation Safe Streets), Patrol Sergeant Supervisor and Detective Sergeant Homicide Detail. Mr. Seymour attained his Advanced P.O.S.T. and Master-Instructor Certificate from the California Commission on P.O.S.T. Mr. Seymour hQJd~:"a;Bachelor Deqree in Occupational Studies from the University of Long Beach.,as"·W~'I.1 anM as Degreie,"l'r!'lc",' Business Administration. Mr. Seymour served as a Sel" tITank comm~>nde~~r.:llthe United States Army, receiving an honorable dischar "is service. Mr. "our has toured throughout California as a lecturer and C~Q? to law enforcerne ""agencies, comm~nity colleg~s, law en.fo~cement academie .e. Co~mis~~n~~"" .O.S.T. regarding the subjects of Criminal street gan ~ omlcldelnveSftQ{tlons. Mr. Seymour has conducted thOU~<~~s of felony investi . s, including thousands of "gang-related" assaults"<a.M fnmdreos of mur~er estigations. Mr. Seymour has extensive experienc "'-. itii~officer-involve9 ~Iil,~~hngs, critical incidents, and has conducted over one hW[1 F search warrants "(j'tst-}iingis career. Mr. Seymour h is recognized as one of onl~ C\,A"e"" ~ . ertified Homici . rfstructors in California and has assisted with the producti I~'tr!tining courses w· ~.Ca.!ifQrnia Commission on Peace Officers Standar Training. ..(

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Mr. SoI9Hs~J'sa r~!.ir~€l\polic~ offi:fe"rwith }J~~{twenty-eight years of experience in the crimin~1 .,p ciViU.~~~:93"e systE!1l;QI;><,. l~t(.Soldis' career, he was first assigned to ..During (91~) [ti" ~'. ,ICo ~pica.ti~s,"~(,'Recorg;s"',!2;j;~i~ion.for two police agencies in ~orthern Califon nd th~ ,dved I 'Q'~l:ltroJ an',."'hr;lVestlgatlons for the a small agency In ~.Q,rt.,,' al(~Ja. M~. ' ... -al.~ ~e ? two seaso~s as a Raid Team Officer with ~~e j~a1If<?r.. partm:l Jus~'ce~g, reau ~f Narcotics Enf.orce.ment (C.A.M.~. prcrgram)t9" our iqator fi&[,.;t'he Superior Court of California and the United Stat T5 al C AP~ Mr. Sold is has conducted thousands of investigations. Mr. So has ~ ived ny~e;I;Ol!lS commendations from the Sonoma County District Attorney's Q)"ffic. nd distiCgUished recognition from the United States Congress, . California Sfa,tJS:!_l~~e~,~d Legislator, and S?noma County Board of Supervisors. Sonoma County ,oli~eJChlefs voted Mr. Sold IS as Officer of the Year for Sonoma County and he M~G.~lreceived the Officer of the Year award from his department. Mr. Soldis has extensive experience working with 911 dispatch centers, having worked one of the first 911 ANI/ALI Centers in California and serving as designer/project manager for two 911 dispatch/communication centers (Police, Fire, Ambulance). Mr. Soldis served as Chair to the Sonoma County Juvenile Justice and Delinquency Prevention

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CONFIDENTIALITY NOTICE; The contents of this report are confidential and protected pursuant to the "Attorney-Client" privilege. No portion of this report shall be reviewed. copied, duplicated. saved. electronically stored. forwarded or otherwise transmitted to any third party without the express written permission of County Counsel. County of Lake

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Commission. Mr. Sold is also has served as a business consultant to court alternative diversion programs throughout California, Arizona, Nevada, Florida and Texas. Mr. Sold is is licensed through the California Bureau of Security and Investigative Services (PI24115) and serves as trial and litigation investigator/consulta nt to attorneys and law firms throughout California.

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CONFIDENTIALITY NOTICE: The contents of Ihis report are confidential and protected pursuant to the "Attorney-Client" privilege. No portion of this report shall be reviewed, copied, duplicated, saved, electronically stored, forwarded or otherwise transmitted to any third party without the express written permission of County Counsel, County of Lako

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INVESTIGATIONS

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LAKE COUNTY COURTHOUSE Page 5

BOMB THREAT - APRIL 28, 2011

LAKE COUNTY DISTRICT ATTORNEY INVESTIGATORS ACCESSING LAKE COUNTY SHERIFF'S DEP4~,TMENT RIMS DATA ~:'_;." Page 11

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VAGOS AND HELL'S ANGELS ING,1\Q'~NT- MAY 1 Page 17 'f4' CLEARLAKE Page 32 LAW ENFORG~E'MENT STANDO~F'-MAY '\:" .' ~~~ {~'~-~~; .. .'".''' "' l ..
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19, 2011

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CONFIDENTIALITY NOTICE: The contents 01 this report are confidential and protected pursuant to the "Attorney-Client" privilege. No portion olthis report shall be reviewed, copied, duplicated, saved, electronically stored, forwarded or otherwise transmitted to any third party without the express written permission of County Counsel, County of Lako

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I. LAKE COUNTY COURTHOUSE APRIL 28, 2011 BOMB THREAT

On April 28, 2011 at approximately 9:20 a.m., a representative of the County Counsel's office received a bomb threat from an unidentified male. The information was passed to Ms. Anita Grant (County Counsel) and Ms. Grant immediately contacted Lake County Sheriff Rivero through his personal cellular telephone (9:22:09). Sheriff Rivero and Ms. Grant spoke briefly about the incident and Sheriff Rivero assumed responsibility for the incident. Within a matter of minutes, Sheriff Rivero and his staff arrived at the Lake County Courthouse and commenced a full eV8Guation of the building (9:26a.m.). There were no bombs detected during a searchQ_f"ttrebuilding (Iater-, conducted by a Travis Air Force bomb dog). When the bl,Jil,a'j~g as cleared, staff Yttas w permitted into the building and day-to-day operations "\';<';~iesumed. ,~,~*,,? After Sheriff Rivero received notification b threat, he im." ely notified his command staff and procee.ded to the courthot . "" he Lak~ C~tldi"r"'"" urthouse is manned by Lake County Shenff's personnel Lakeport Police DEWartmentwas not immediately notified of the bomb threat whe '" as received. 1. Lake County Sheriff's Department headquarters is",.8Jm""U'es the court from and the Lakeport Police Department headquarters is .3"\h~'les from the court~,,,,,,, . Sheriff Rivero immediately contacted Lake Cou ",heriff's Captain JeFm'es, Bauman and they proceeded to the Lake County 'house. ACCordif\!;dd"\;heriff Rivero, he maintained radio silence and asked th: patches be rele 'e:~ for fear that a radio transmission could trigger setonation of a b ' The L~",~County Courthouse was secured by the Lake C <" heriff's Departrp",. Lake 'l1~y Sheriff's Department personnel ass~stedwi , orq~~-l¥ and sWi~"'efacu~1lo . e premises,. and a majority of the evacuation .as ' mpj;~,fes!)by th ,,:~v{.akerb?~ortl officers arrived at the Ice courthouse. ''''.' 'I;,,~<,'
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Ar~Mi~" of t~,e'~tJa;~:e CquQ,ty:"Sheriff'sz$),ffi'c"k Incident Report disclosed that CAD

Sheriff~~I~le,r;,~ left ~ ~a'ke C<!#,u'nityA3heriftrs""Qfflce at 9:26:23 and arrived at the building withiD;:-a,Q'proximat , ne 'Yl1,re~ At 9:,?6'?2'6 contact was made with Napa County '~~i£!:~"'b nt f,EAt ~;.,?(t~~"10calfire department was advised of the : nt ed n 5Q\.~ltFlin the next hour, calls were made to other law en orc an effprt"ttr locate a K-9 bomb dog. At 11:55 a.m. the K-9 Forc~'<I3~lSend conducted a search of the building. a
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The(; -?ce fr ,; CAD Log supported the information previously received from Sheriff'':, erg,J ,,~, ergency medical services (fire department) were advised of the incident and ~er '; aged at Station 50. The response and request for aid appeared to have been made-'''almostimmediately upon hearing of the alleged bomb at the courthouse.

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CONFIDENTIALITY NOTICE: The contents of this report are confidential and protected pursuant to the "Attorney, Client" privilege, No portion of this report shall be reviewed. copied. duplicated. saved, electronically stored. forwarded or otherwise transmitted to any third party without the express written permission of County Counsel. County of Lake

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Law Enforcement Response
We obtained a copy of the CAD Incident Report dated June 14,2011. The incident was reported at 9:22:09 hours and officers were dispatched to the scene at 9:26:04. The first Lake County Sheriff personnel recorded as being on scene was Sheriff Rivero at 9:26:23. The CAD also reported the following officers were dispatched to the location between 9:26:04 and 9:58:09. ~
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Cap~afn S~'>nes Ba~~'an • ~;$ .~:.. .-~.. . Chlel'~,pad Ra$'I'tl'lt(,ssen " Sheriff Fr~rTR ~i¥ero Attorney BJQJiil~ Anderson Anita Grant, County Counsel

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CONFIDENTIALITY NOTICE: The contents of this report are confidential and protected pursuant to the "Attorney-Ctient" privilege. No portion of this report shall be reviewed, copied, duplicated, saved, electronically stored, forwarded or otherwise transmitted to any third party without the express written permission of County Counsel, County of Lake

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Captain James Bauman Captain James Bauman of the Lake County Sheriffs Department was interviewed as part of the investigation and disclosed that he went to the courthouse with Sheriff Rivero and assisted with the evacuation of the building. Sheriff Rivero organized the evacuation from within the courthouse and CaptainBauman helped direct people from the grounds of the courthouse. During the time Captain Bauman was assisting with the evacuation, he was approached by two Lakeport police officers. The Lakeport police officers immediately assisted with crowd controlcJ;;he evacuation was orderly and the manpower needs at the time were minimal. ,""'~' Sheriff Frank Rivero

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Sheriff Rivero took the initial call from Anita ~ta~l~nd he gathere . ,f,f' and responded to the Courthouse. Sheriff Rivero ke'''iM;lS:r~dio silent a~"e~'€l ot want too many Deputies to respond to the location fro . beats. Deputie\4were also directed to maintain radio and cell phone silence in c~ "the bomb was s~t to~t:letonateon those frequencies. An evacuation protocol w0,®'owed to safely ev~a-~~fethe building and it was done in a smooth, systematic rna: (~A search of th~ ~u~fa'ing not disclose the did location of a bomb. A bomb dog W'8§ a 0 requested by~lillf1ff Rivero and the dog was dispatched from Travis Air Base.;'device was found"py~the bomb dog. Sheriff Rivero believed Capt. Bauman notifjep', "eport Police thrQJ}§jtlpersonal contact. The fire department was notified ve,:~,,~,(:ffbkly chose tCCs~~~ge .a;~ocationaway from the and at Courthouse. A meeting w~s,J~eldwith Sheriff ~jre,(b"<andyoprnpouse staff and he learned there was no "€lt[icGj;a1 e'{.acuation pi"1Jl;!qr"theb4Hdirl,~,Staff were directed to call 911 when any future tllrkat lije£~"'fi\\ade t9~'e._Oourtf'6u~el Proper notification to 911 would ensure th .,ageQci~s~W'~re :1#: ,~> of e e,y,eht. lil
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;"~\t, ".. 'i>.<;:> ~hiet~'~d Rasm~en, was interviewed as part of the il).~e s ted his.:st~ff vet't~arfa radio traffic about an evacuation at the Lake o ~ou, e. T n\6fficer ve to the courthouse and were contacted by ea'J1iain n. 'tJ""asmus did not take exception to the fact his department was ntlyet~' "'4date bomb threat was received by Sheriff Rivero. Chief Rasm , n w > ave Pi ad that his department was notified at the initiation of the evacuation ' eat, ~ ~~ than learning about it because of radio traffic from third ra(her parties. f"""t~',r Chief Brad "asrnu"
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District Attorne~{\O,Jn Anderson As part of the investigation, District Attorney Don Anderson was contacted. Mr. Anderson was asked whether or not his office was conducting an investigation of the incident for the purpose of filing charges or investigating proper protocols. Mr. 7
CONFIDENTIALITY NOTICE: The contents of this report are confidential and protected pursuant to the "Attorney-Client" privilege. No portion of this report shall be reviewed, copied, duplicated, saved, electronically stored, forwarded or otherwise transmitted to any third party without tho express written permission of County Counsel, County of Lake

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